AMENDMENT 8 UMA JUNIOR NATIONAL FOUNDATION.PDF
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AMENDMENT EIGHT TO USE MANAGEMENT AGREEMENT BETWEEN MARICOPA COUNTY AND JUNIOR NATIONAL FOUNDATION C-30-04-027-1-09 This Amendment Eight to Use Management Agreement (“Amendment Eight”) is entered into between Maricopa County, a political subdivision of the state of Arizona (“County”), and Junior National Foundation, a domestic nonprofit corporation, an assignee from Southwest Golf Management, LLC (“Concessionaire”). County and Concessionaire are collectively referred to as “Parties” or individually as a “Party.” RECITALS WHEREAS, the County, through a series of land patents with the U.S. Department of the Interior Bureau of Land Management (“BLM”) (02-66-0070 dated December 30, 1965; 02-72-0037 dated December 9, 1971; 02-76-0037 dated July 28, 1976); Warranty Deeds; and State Land Patents (6352,6353 and 6354 dated February 27, 1976), became entitled to use of the lands described as a recreational park and related facilities, which lands are currently known as Estrella Mountain Regional Park (“Park”); and WHEREAS, the County entered into Amendment Three to Estrella Mountain Park Golf Course Use Management Agreement for the Management, Operation, Maintenance, and Improvement of the Golf Course Concession – Tres Rios Golf Course at Estrella Mountain Park Formerly Known as Estrella Mountain Park Golf Course dated March 16, 2011 (C-30-04-027-1-01), which amended and restated the Use Management Agreement dated March 12, 1997 (“Amendment Three”) (C-30-99-005-1-01), as amended by Amendment Four on August 17, 2016, Amendment Five on September 16, 2020, Amendment Six on November 16, 2022, and Amendment Seven on May 22, 2024 (collectively, “Agreement”); and WHEREAS, on April 25, 2012, the County approved the assignment of the Agreement from Textron Financial Corporation and SPE Go Holdings, Inc to Tres Rios Golf, LLC (C-30-12-032-3-00); and, WHEREAS, on September 16, 2020, Maricopa County approved the assignment of the Agreement from Tres Rios Golf, LLC to Southwest Golf Management, LLC (C-30-04-027-1-03) as the result of a solicitation (#210127-RFP Request for Proposals for Use Management Agreement for the Tres Rios Golf Course) by the County on August 24, 2020, and August 25, 2020; and WHEREAS, on July 14, 2021, the County approved the assignment of the Agreement from Southwest Golf Management, LLC to Junior National Foundation (C-30-04-027-1-06); and 1 of 3 WHEREAS, the Concessionaire has requested County approval to change the name of the golf course from Tres Rios Golf Course to Junior National Golf Club; and WHEREAS, the County desires to approve the golf course name change to Junior National Golf Club, while retaining all County ownership interests in the property and maintaining the Agreement in full force and effect except as expressly amended herein; and WHEREAS, the County and the Concessionaire desire to enter into this Amendment Eight for the limited purpose of approving the golf course name change with the understanding that all other provisions of the Agreement and applicable previous amendments not otherwise revised herein shall remain in full force and effect. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and other good and valuable considerations, receipt and sufficiency of which are hereby acknowledged, County and Concessionaire hereby agree as follows: I. INCORPORATION OF RECITALS The Recitals set forth above are hereby incorporated into this Amendment Eight. II. GOLF COURSE NAME 1. The Parties agree that the golf course currently known as “Tres Rios Golf Course at Estrella Mountain Park” shall be changed to “Junior National Golf Club.” 2. The County retains all ownership rights in the property. 3. This name change approval does not convey to Concessionaire exclusive naming rights, trademark rights against the County, or any ownership interest in the golf course or its name. The County reserves the right to revoke or modify the name of the golf course approved herein upon written notice and in the County’s sole discretion. 4. All costs related to the name change will be borne by the Concessionaire. III. EFFECTIVE DATE Upon execution by the County, this Amendment Eight will become effective. IV. GENERAL TERMS 1. This Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511. 2. Capitalized terms used in this Amendment Eight without definition shall have the meanings assigned to such terms in the Agreement unless the context expressly requires otherwise. 3. This Amendment Eight may be executed in two or more counterparts, each of which shall be deemed 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. 2 of 3 4. The foregoing paragraphs contain all the changes made by this Amendment Eight. All other terms and conditions of the Agreement, other than as revised in this Amendment Eight, shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment Eight to be executed by their duly authorized representatives. MARICOPA COUNTY Chair Board of Supervisors ATTEST Clerk of the Board Date Approved as to Form: Deputy County Attorney Date JUNIOR NATIONAL FOUNDATION Principal Date 3 of 3