SIXTH AMENDMENT ADOBE MOUNTAIN GOLF COURSE LEASE.PDF

AMENDMENT SIX
TO
ADOBE MOUNTAIN GOLF COURSE LEASE AGREEMENT
C-30-14-028-M-01
This Amendment Six is entered into between Maricopa County, a political subdivision of
the State of Arizona (the “County”), and Sun State Sports, Inc. an Arizona corporation,
dba the 500 Club Golf Course (“The 500 Club” or “Concessionaire”). The County and The
500 Club are sometimes collectively hereinafter referred to as the “Parties” and individually
as a “Party”.
RECITALS
WHEREAS, the County and The 500 Club entered into the Adobe Mt. Golf Course Lease
Agreement (CS896024) dated November 21, 1988 as amended as follows: Amendment
One (CS896024-1) dated May 2, 1989; Amendment Two (CS 896024-2) dated January
5, 1994; Amendment Three (CS 896024-3) dated September 10, 1995; Amendment Four
(C-30-98-022-0-04) dated September 20, 1998; and Amendment Five (C-30-14-028-M-
00) dated April 23, 2014 (collectively, the “Golf Course Agreement”); and
WHEREAS, The 500 Club has been operating and managing the Adobe Mt. Golf Course
(the “Complex”); and
WHEREAS, the Golf Course Agreement currently expires on December 31, 2039
pursuant to Amendment Five to the Golf Course Agreement (“Amendment Five”); and
WHEREAS, The 500 Club desires to make a substantial improvement to the Complex by
development of an event center (the “Event Center”); and
WHEREAS, Parties now desire to enter into Amendment Six to the Golf Course
Agreement (“Amendment Six”) to allow The 500 Club to offer additional recreational
services to the public by development of an Event Center, to extend the term of the Golf
Course Agreement upon obtaining a certificate of occupancy upon final completion of the
Event Center and provide for the fees during the extended term, provided, however, that
if The 500 Club does not commence construction of the Event Center within three (3)
years of the effective date of this Amendment Six, this Amendment Six will be null and
void; and
WHEREAS, the County and The 500 Club desire to enter into this Amendment Six with
the understanding that, unless revised herein, all other provisions of the Golf Course
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
500 Club hereby agree as follows:
I. INCORPORATION OF RECITALS
The Recitals set forth above are hereby incorporated into this Amendment Six.
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II. EFFECTIVE DATE
Upon execution by the County, this Amendment Six will become effective.
III. TERM
If The 500 Club does not commence construction of the Event Center within three (3)
years from the date that this Amendment Six becomes effective, then as of that date this
Amendment Six will become null and void and the Golf Course Agreement shall expire on
December 31, 2039 as per Amendment Five. Upon request of the County,
Concessionaire agrees to execute an amendment to the Golf Course Agreement
describing this deletion and/or termination. County may, in its sole discretion, extend the
time period for The 500 Club to commence construction of the Event Center.
Upon the date that The 500 Club obtains the certificate of occupancy issued by
jurisdictional authorities for the Event Center, the term of the Golf Course Agreement shall
be extended for ten (10) years or until December 31, 2053, whichever is sooner.
IV. EVENT CENTER DEVELOPMENT
The development of the Event Center will enable The 500 Club to host certain events,
including but not limited to, weddings, anniversaries, reunions as well as be an attraction
for larger golf events. The 500 Club will be solely responsible for the identification of the
appropriate permitting agencies, environmental compliances, taxes, assessments, fees
and other approvals and the payment of all expenses of any nature associated with the
development of the Event Center as well as improvements, management, operation and
maintenance of the Event Center and the payment of all fees (see Section V. Fee Payment
- Event Center Only).
The 500 Club shall not occupy the Event Center until a certificate of occupancy or partial
certificate of occupancy is issued by the jurisdictional authorities.
V. FEE PAYMENT – EVENT CENTER ONLY
The 500 Club will pay the County a fee in the amount of five percent (5%) of the Event
Center’s gross income starting on January 1st following the date The 500 Club obtains the
certificate of occupancy of the Event Center and will continue at the five percent (5%) rate
for following four (4) calendar years (representing January 1 through December 31 of each
respective year). Beginning on the January 1st of the sixth (6th) calendar year, the fee will
be calculated and paid in accordance with the Golf Course Agreement.
VI. MISCELLANEOUS
The Golf Course Agreement, as amended, is subject to the provisions of A.R.S. 38-511.
Capitalized terms used in this Amendment Six without definition shall have the meanings
assigned to such terms in the Golf Course Agreement unless the context expressly
requires otherwise.
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This Amendment Six 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.
IN WITNESS WHEREOF, the Parties have executed this Amendment Six as of the last
date written below.
MARICOPA COUNTY
_________________________________________
Jack Sellers
Chairman
Board of Supervisors
ATTEST
_________________________________________
Clerk of the Board Date
Approved as to Form:
____________________________________________
Deputy Maricopa County Attorney Date
THE 500 CLUB:
SUN STATES SPORTS, INC
_____________________________
Brian Whitcomb, Date
President
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