AZ MOTORSPORTS_1ST AMD DEV AGT&RESO.PDF

After recording, return to:
Maricopa County Planning
and Development Department
Attn: Director
501 N 44th Street, Suite 200
Phoenix, AZ 85008
ARIZONA MOTORSPORTS PARK
FIRST AMENDMENT TO
DEVELOPMENT AGREEEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First
Amendment”) is entered into by and between Maricopa County, a political subdivision of the State
of Arizona (“Maricopa County” or the “County”), and Arizona Motorsports Park, LLC, an Arizona
limited liability company (“Developer”), as of ______________________, 2021 (the “Effective
Date”). Developer and the County are collectively referred to herein as “Parties” and each is
individually referred to herein as a “Party”.
RECITALS:
A. The County and Developer are parties to that certain Development Agreement
recorded on August 24, 2010 as Instrument No. 2010-0725050 in the Official Records of the Maricopa
County Recorder (the “DA”) regarding property described in Exhibit A hereto.
B. The County and Developer now desire to amend the DA in accordance with the
provisions of Paragraph 14 thereof.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing premises and mutual promises set
forth in this First Amendment, the County and Developer agree that the DA is amended as follows:
1. Defined Terms. Capitalized terms contained in this First Amendment and not otherwise
defined have the same meanings as are assigned to such terms in the DA.
2. Maintenance of Frontage. Concurrent with the execution of this First Amendment, Developer
has paid to the County the sum of Seven Thousand Five Hundred Dollars ($7,500.00) to offset
the future costs of maintaining the frontage area of the Property along Camelback Road,
including but not limited to the dirt ditch located along the southern boundary of the Property
(collectively, the “Camelback Frontage”). For so long as the SUP remains in effect, the
County agrees to maintaining the Camelback Frontage at the County’s expense, Developer is
hereby relieved of any such obligation, and Paragraph 3 of the DA (which requires compliance

with the SUP) and Paragraph 4 of the DA (which incorporates the SUP by reference) are hereby
amended accordingly.
3. Assurances. The DA is amended to delete Paragraph 8 thereof and Exhibit E thereto; provided,
however, the foregoing deletion has no impact on stipulation “n” to the SUP as referenced in
said Paragraph 8.
4. Administrative Approval; Ratification. This First Amendment has been administratively
approved by the County, and ratification will be placed on the next available agenda before the
Maricopa County Board of Supervisors in a public meeting, following all required public
notice, and all required public hearings, with a recommendation by both the Planning and
Development Director and the Department of Transportation Director that this First
Amendment be ratified.
5. Cancellation. This First Amendment is subject to cancellation pursuant to A.R.S. §38-511.
**SIGNATURES APPEAR ON THE FOLLOWING PAGE**

IN WITNESS WHEREOF, the parties have executed this First Amendment to be effective on the
date and at the time the Maricopa County Board of Supervisors approves and adopts this First
Amendment.
MARICOPA COUNTY:
MARICOPA COUNTY, an Arizona
county
By: ___________________________
Jack Sellers, Chairman
Board of Supervisors
By: ___________________________
Clerk of the Board
State of Arizona )
) ss.
County of Maricopa )
On _________________, 2021, before me, ________________________________, a notary
public in and for the State of Arizona, personally appeared JACK SELLERS, who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the foregoing FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT and acknowledged to me that he executed the same
in his capacity as Chairman of the Board of Supervisors of Maricopa County, Arizona.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Notary Public
My Commission Expires:
APPROVED AS TO FORM:
By: ___________________________ By: __________________________

IN WITNESS WHEREOF, the parties have executed this First Amendment to be effective
on the date and at the time the Maricopa County Board of Supervisors approves and adopts this First
Amendment.
DEVELOPER:
ARIZONA MOTORSPORTS PARK,
LLC, an Arizona limited liability
company
By: ___________________________
Name: ________________________
Its: ___________________________
State of Arizona )
) ss.
County of Maricopa )
On _________________, 2021, before me, ________________________________, a notary
public in and for the State of Arizona, personally appeared DANIEL MALONEY, who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT and acknowledged to me that he executed the same
on in his capacity above.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Notary Public
My Commission Expires:

EXHIBIT A
PROPERTY


MARICOPA COUNTY
RESOLUTION NO.
C- ___________
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, PHOENIX,
ARIZONA (THE “COUNTY”) AUTHORIZING EXECUTION, ON BEHALF OF THE COUNTY, AN
AMENDMENT TO A DEVELOPER’S AGREEMENT BETWEEN THE COUNTY, AND ARIZONA
MOTORSPORTS PARK, LLC (OWNER) REGARDING MAINTENANCE OF DRAINAGE
FACILITIES ALONG THE CAMELBACK FRONTAGE AND RELEASE OF ASSURANCE(S)
WHEREAS, Maricopa County entered into a Developer’s Agreement recorded on August
24, 2010,as Instrument No. 2010-0725050 in the Official Records of Maricopa County (hereafter
DA); and
WHEREAS, the County and Owner desire to amend the DA; and
WHEREAS, the Board of Supervisors recognizes that it must exercise its authority in an
efficient manner that protects County residents and taxpayers from undue fiscal burdens; and
WHEREAS, County wishes to amend the DA in form and substance acceptable to the
County with Owner (the “First Amendment to the DA”) for timely and efficient maintenance of
drainage facilities along the Camelback Frontage of the Owner’s site to help minimize fiscal
impacts to County residents and taxpayers; and
WHEREAS, the Board of Supervisors has agreed to accept from Owner in order to meet
such requirements, a cash assurance as set forth in the ‘First Amendment to the DA’”.
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of Maricopa County
authorizes execution of the First Amendment to the DA on behalf of the County.

EXECUTED this ___ day of __________, 2021, by Maricopa County Board of Supervisors,
Phoenix, Arizona.
_______________________________
Chairman,
Board of Supervisors
APPROVED AS TO FORM: ATTEST:
__________________________________ May 5, 2021 _______________________________
Attorney for the County Clerk of the Board