AMENDMENT FOUR WITH KCCM ENTERPRISES LLC.PDF

AMENDMENT FOUR
TO
USEMANAGEMENT AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
KCCM ENTERPRISES, LLC
C-30-06-032-1-03
RECITALS
WHEREAS, Maricopa County, a political subdivision of the State of Arizona, herein after
referred to as “County,” and KCCM Enterprises, LLC, an Arizona corporation, herein after
referred to as “Concessionaire’are parties to thatUse Management Agreement (CS915129)
dated April 15, 1991, amended by Amendment One(CS915129) dated January 5, 1994:
assigned by Assignment from Sun States Sports, Inc. to KCCM Enterprises, LLC (C-30-06-032-
1-00) dated June 1, 2006; amended by Amendment Two (C-30-06-032-1-01) dated June 3,
2009; and, Amendment Three (C-30-06-032-1-02) dated August 4, 2010 (collectively,
“Agreement” )for management and operation of the Victsry Lane Sports Complex at Adobe Dam
Regional Park; and
WHEREAS, the term of the Agreement expires en June 30, 2019; and
WHEREAS, County and Concessionaire desire to enter into this Amendment 4to the
Agreement, herein after referred to as “Amendment Four,” in order to exercise the twenty-five
(25) year renewal option (defined below): and
WHEREAS, the Countyand Concessionaire desire that the Concessionaire continue
operating and managing the Victory Lane Sports Complex; and
WHEREAS, theCounty and Concessionaire desire to enter into this Amendment
Fourwith the understanding that all provisions of the Agreement not otherwise amended herein
shall havethe same and in full force and effect.
NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and
agreements contained herein and for other good and valuable consideration, the receipt and
sufficiency are hereby acknowledged, the County and Concessionaire do hereby agree as
follows.
The Recitals, by this reference, arehereby incorporated into this Agreement.
1. The term of the Agreement is hereby extended twenty-five (25) years, from July 1, 2019
to June 30, 2044 (“Renewal Option”). During this Renewal Option the Concessionaire
shall continue to operate and manage the Victory Lane Sports Complex under the same
terms and conditions that currently exist under the Agreement as amended except as
amended herein.
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2. During this Renewal Option Concessionaire shall pay to County a minimum annual rent
of seventy-five thousand dollars ($75,000) or 9% of gross income, whichever is greater.
3. The County and Concessionaire acknowledge that the Agreement as amendedis subject
to cancellation pursuant to the provisions of A.R.S. §38-511, which is incorporated
herein by this reference.
4. The foregoing paragraphs contain all of the changes made by this Amendment Four. All
other terms and conditions of the Agreement remain the same and in full force and
effect.
IN WITNESS WHEREOF, the County and Concessionaire have executed this Amendment Four
as of the day of 2019.
,
MARICOPA COUNTY
Chairman Date
Board of Supervisors
ATTEST
Clerk of the Boarc Date
Approved as to Form:
Attorney for Maricopa County Date
CONCESSIONAIRE:
KCCW Enterprises, LLC
LCA thle
U
By: Date
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