CMCA AMENDMENT FOUR WITH ARIZONA OUTDOOR SPECIALISTS.PDF

AMENDMENT FOUR
TO
COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
ARIZONA OUTDOOR SPECIALISTS, INC., dba ARIZONA OUTBACK ADVENTURES, LLC
RECITALS
WHEREAS, a Commercial Management Concessions Agreement, as amended
(“Agreement”) was entered into between Maricopa County, herein after referred to as “County”
and Arizona Outdoor Specialist, Inc., dba Arizona Outback Adventures, herein after referred to
as “Concessionaire" on May 11, 2011 (C-30-11-041-3-00); and
WHEREAS, the County and the and Concessionaire entered in Amendment One (C-30-
11-041-3-01) on November 5, 2012 to revise the services and facilities provided, provide for
automatic renewal options and make other administrative corrections; and
WHEREAS, the County and the and Concessionaire entered in Amendment Two (C-30-
11-041-3-02) on February 4, 2014 to revise the services and facilities; and
WHEREAS, the County and the and Concessionaire entered in Amendment Three (C-30-
11-041-3-03) on September 5, 2017 to revise the services and facilities; and
WHEREAS, the County and the Concessionaire desire to expand the scope of
recreational services to be available to the public to allow the Concessionaire to conduct
recreational services on trails within the County’s regional trail system, known as the Maricopa
Trail; and
WHEREAS, the County and Concessionaire desire to enter into this Amendment Four
(“Amendment”) to the Agreement with the understanding that all other provisions of the
Agreement except as revised herein shall remain in full force and effect.
NOW THEREFORE, in consideration of the foregoing and other valuable considerations,
County and Concessionaire hereby agree as follows:
I. INCORPORATION OF RECITALS
The Recitals are true and, by this reference, shall be incorporated herein and made a part
of this Agreement.
II. EXHIBIT 1.2 – MARICOPA COUNTY REGIONAL PARK SYSTEM
1

Delete Exhibit 1.2 – Maricopa County Regional Park System of the Agreement in its
entirety and replace with the following:
EXHIBIT 1.2 – MARICOPA COUNTY REGIONAL PARK AND TRAIL SYSTEM
System Map:
Park and Trail Names Phone
 Adobe Dam / Cave Creek Regional Park / Spur Cross: 623-465-0431
 Buckeye Hills / Estrella Mountain Regional Park: 623-932-3811
 Lake Pleasant Regional Park: 928-501-1710
 McDowell Mountain Regional Park: 480-471-0173
 San Tan Mountain Regional Park: 480-655-5554
 Usery Mountain Regional Park: 480-984-0032
 White Tank Mountain Regional Park: 623-935-2505
 Hassayampa River Preserve / Vulture Mountain Recreation Area: 928-864-2772
 Maricopa Trails: 928-501-9200
2

II. EXHIBIT 4.1 – SERVICES AND FACILITIES
Delete Exhibit 4.1 – Services and Facilities of the Agreement in its entirety and replace
with the following:
EXHIBIT 4.1 –SERVICES AND FACILITIES
Exhibit 4.1 is designed to identify required services, facilities, amenities or maintenance
requirements for the Concession. There will be no additional services or products dispensed
other than stated in this Exhibit.
Concession Description: Conduct guided hiking, mountain biking tours, guided kayaking and
standup paddle board tours.
Guided hiking and mountain biking tours can be located in the areas designated by the respective
Park Supervisor at the following Parks: Cave Creek Regional Park, Estrella Mountain Regional
Park, Lake Pleasant Regional Park, McDowell Mountain Regional Park, San Tan Mountain
Regional Park, Usery Mountain Regional Park, White Tank Mountain Regional Park,
Hassayampa River Preserve and Spur Cross Ranch Conservation Area. Guided hiking and
mountain biking tours can also be located on the Maricopa Trails by contacting the Couny at the
phone number listed in Exhibit 1.2. The Concessionaire shall be responsible for coordination of
events with each respective Park Supervisor. The Concessionaire is required to coordinate with
the Park Supervisor as to location and facilities desired. The Park Supervisor will accommodate
dependent upon availability. Locations will be restricted to designated trails, horse staging areas,
trailhead staging areas, etc.
Hassayampa River Preserve and Spur Cross Ranch Conservation Area shall only include guided
hiking outdoor education tours with a limitation to the number participants (as specified by the
respective Park Supervisor) at each tour. Concessionaire’s tour guides must be knowledgeable
of environmental education, such as wildlife, botany and biodiversity of a conservation area.
Parks interpretative rangers may accompany or may provide education information to assist
Concessionaire’s tour guides.
Guided kayaking and standup paddle board tours will be operated on the waters of Lake Pleasant,
located within the Maricopa County Regional Parks, for the purpose of kayaking and standup
paddle board tours. The Concessionaire shall be responsible for coordination of activities with the
Park Supervisor, Lake Pleasant Regional Park.
1. The Concessionaire is responsible for obtaining all required licenses, permits and
certificates; The Concessionaire is responsible for the filing of all tax-related documents and
payment of fees thereof.
2. Services Overview (Concept):
A. Service to be provided and period on-site: Guided tours and team building activities
focused around kayaking, standup paddle boards, hiking and mountain biking tours,
consisting of Arizona Outback Adventures’ guides(s) and their guests. Arizona
Outback Adventures is a service provider to local resorts and Arizona visitors and
operates a business offering guided kayak, standup paddle board, hiking, mountain
3

biking, rock climbing and canyoneering tours through Arizona. Hiking and mountain
biking will be restricted to designated trails or areas designated by the Park Supervisor.
B. Guided kayak and standup paddle board tours will be restricted to designated areas
on the waters of Lake Pleasant. The Concessionaire is required to pay the Park
Entrance Fee unless in possession of an annual pass for Lake Pleasant Regional
Park. The Concessionaire’s Annual Pass is restricted and can only be used for official
Concessionaire business. Users of the Concession will be required to pay the Park
Entrance Fee upon each entry to the Park unless in possession of a valid annual pass
for Lake Pleasant Regional Park.
C. Product Dispensed: Guided hiking and mountain biking tours, guided kayak and
standup paddle board tours.
D. Equipment to be brought on site: All equipment necessary for conduct of the event,
such as but not limited to, kayak, standup paddle boards and life jackets, mountain
bikes, hiking poles, and all other necessary safety gear.
E. Proposed Site Improvements: None.
F. Utilities Required: None.
G. Additional Facilities required or to be provided by Parks: None.
H. Additional Amenities required or to be provided by Parks: None.
3. Park Support Requirements/Impact Fees.
A. Traffic Control Plan/Barricades/Traffic Cones: None.
B. Signage in Support of Concession: None.
C. Physical Space Required (Square Foot) for Concession: No fixed space required.
4. Maintenance Responsibilities.
A. Concessionaire is responsible for the providing of trash receptacles and the removing
of trash and receptacles at the end of any event. The Park Supervisor may increase
the frequency of trash being emptied.
B. Tables, eating areas, shaded areas, etc. will be kept clean, neat and sanitary at all
times.
C. The Concessionaire, if authorized by the Park Supervisor, is authorized to set-up
temporary structures/canopies, not to exceed 10’x10’, for use during the activities or
Concession operations. The Concessionaire will coordinate with the Park Supervisor
as to location. Temporary structures will be removed upon completion of the activity
or each day’s operations unless otherwise authorized by the Park Supervisor. The
Concessionaire is responsible for proper staking, etc. to preclude the temporary
structure/canopy being blown down in event of wind or inclement weather. Stakes will
not exceed six (6) inches in length. The Concessionaire is required to identify and
obtain all necessary permits from the appropriate permitting agencies for use of the
temporary structures/canopies.
5. The Concessionaire shall comply with all requirements, applicable rules, guidelines and
standards pertaining to such areas as equipment maintenance, food storage, etc related to
the Concession.
6. Restricted (Not Authorized) Services: Sailing, fishing and pleasure boat / pontoon /
houseboat rentals and sales.
4

III. TERMINATION DUE TO CONFLICT OF INTEREST
The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions
of A.R.S. §38-511.
Dated this _________ day of ________________________________, 2018.
ARIZONA OUTDOOR SPECIALISTS, INC. MARICOPA COUNTY
Dba ARIZONA OUTBACK ADVENTURES
______________________________________ ______________________________________
By: Chairman Date
Maricopa County Board of Supervisors
ATTEST
___________________________________
Clerk of the Board Date
Approved as to Form:
____________________________________
Attorney for Maricopa County Date
5