AMENDMENT ONE GLOBAL SPORTS FACILITIES-ADOBE.PDF
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Global Sports Facilities – Adobe, LLC UMA Amendment One Page 1 o 3 AMENDMENT ONE TO USE MANAGEMENT AGREEMENT BETWEEN MARICOPA COUNTY AND GLOBAL SPORTS FACILITIES-ADOBE, LLC. C-30-21-012-X-01 This Amendment One (“Amendment One”) to that certain Use Management Agreement dated September 7, 2022 (C-30-21-012-X-00) (“Agreement”) is entered into between Maricopa County, a political subdivision of the State of Arizona (the “County”) and Global Sports Facilities-Adobe, LLC, an Arizona limited liability company (“Concessionaire”). The County and Concessionaire are sometimes collectively hereinafter referred to as the “Parties” and individually as a “Party”. RECITALS WHEREAS, the Concessionaire has informed the County that it is unable to provide proof of funding for the Complex within the one hundred twenty (120) day timeline in accordance with Section 3.A of the Agreement, due to market changes; and WHEREAS, the Parties now desire to enter into Amendment One to modify Section 3.A of the Agreement to extend the timeline for proof of funding to three hundred sixty-five (365) days with the understanding that, unless revised herein, all other provisions of the Agreement shall remain the same and in full force and effect. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, County and the Concessionaire hereby agree as follows: I. INCORPORATION OF RECITALS The Recitals set forth above are hereby incorporated into this Amendment One. II. EFFECTIVE DATE This Amendment One will be effective retroactively as of January 5, 2023 (“Effective Date”). III. SCOPE OF THE COMPLEX Section 3.A of the Agreement shall be deleted in its entirety and replaced with the following: Not later than three hundred sixty-five (365) days of the date of full execution of this Agreement, Concessionaire shall provide County with proof from MCIDA indicating that the financing bonds have been approved and funds will be available to Concessionaire for construction of the Complex in accordance with Exhibit 2 – Complex Activities and Parameters, specifically Section 3.A., and Exhibit 3 – Global Sports Facilities – Adobe, LLC UMA Amendment One Page 2 o 3 Development of the Complex in the amount to reasonably complete the Complex, which is estimated to be five hundred fifty million dollars ($550,000,000). V. MISCELLANEOUS A. The Agreement, as amended, is subject to the provisions of A.R.S. 38-511. B. Capitalized terms used in this Amendment One without definition shall have the meanings assigned to such terms in the Agreement unless the context expressly requires otherwise. C. This Amendment One may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Electronic signatures shall have the same force and effect as original signatures. D. The foregoing paragraphs contain all the changes made by this Amendment One. All other terms and conditions, other than as revised in this Amendment One, shall remain unchanged and in full force and effect. . IN WITNESS WHEREOF, the Parties have executed this Amendment One. CONCESSIONAIRE: GLOBAL SPORTS FACILITIES – ADOBE, LLC Lyndon Estill, President Date MARICOPA COUNTY _________________________________________ Clint Hickman, Chairman Board of Supervisors ATTEST _________________________________________ Clerk of the Board Date Approved as to Form: Deputy County Attorney Date