AMENDMENT THREE WITH PHOENIX KART RACING ASSOCIATION.PDF

AMENDMENT THREE
(c-30-98-017-B-03)
TO
SPECIAL USE AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
PHOENIX KART RACING ASSOCIATION
RECITALS
WHEREAS, a Special Use Agreement (C-30-98-017-8-00), as amended by
nt One and Amendment Two referred to herein below, was entered into between
County ("County") and Phoenix Karl Racing Association ("Concessionaire") on
4, 1998 ("Agreement"). County and Concessionaire are collectively referred to herein
adies" and individually as "Party"; and
WHEREAS, the Agreement had been previously sometimes erroneously titled
"Ma ent Use Agreement" instead of "Special Use Agreement, however there is only
on€) and it is the Special Use Agreement; and
WHEREAS, County is authorized to enter into this Amendment Three to the
("Amendment Three ") pursuant to A.R.S. SSS11-201 and 1'1 -251; and
WHEREAS, Amendment one (c-30-98-017-B-01) to the Agreement, dated August
18, ., extended the term of the Agreement until March 4,2013 with one (1)five (S)-year
ren option remaining, in exchange for Concessionaire constructing a park host site; and
wHEREAS, Amendment Two (c-30-98-017-B-02) to the Agreement, dated April 23,
exercised the last S-year renewal option (March 4, 20i3 through March 3,201g) and
ded the Published Fee Schedule; and,
WHEREAS, the Parties now desire to enter into this Amendment Three to the
Agr rment that shall extend the Agreement an additional term commencing March 4,2018
and xpiring on March 3,2019 and includes an amended Administrative Fee Schedule.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and valuable
rration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree to further amend the Agreement as follows:
INCORPORATION OF RECITALS
The ecitals set forth above by this reference shall be incorporated herein and made a part
of th Amendment Three.
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PARAGRAPH 2 TERM
Paragraph 2, Term, Section A. in its entirety and replace with the following:
TERM:
The original Agreement shall commence on the date the Maricopa County Board of
Supervisors executes the Agreement. The term of the original Agreement shall be
for ten (10) years (March 4, 1998 through March 3, 2008)with an option to renew at
the sole discretion of the County, which will not be unreasonably withheld.
By Amendment One, a five (5) year extension (March 4, 2008 through March 3,
2013) was exercised with a five (5) year renewal option in exchange for constructing
a park host site, This renewal option is subject to negotiation and mutual agreement
of the Parties.
By Amendment Two, the remaining five (5) year renewal option extending the term
from March 4,2013 through March 3,2018 was exercised.
Pursuant to this Amendment Three, upon Board of Supervisor approval, the
Agreement shall be extended for an additional term commencing on March 4,2018
and expiring on March 3, 2019.
It is specifically agreed that the original Agreement and amendments, including this
Amendment Three, constitute the entire Special Use Agreement and do not convey
any ownership interest in the described land.
The Pafties acknowledge that this Agreement as amended is subject to cancellation
pursuant to the provisions of A.R.S. 538-51 1.
PARAGRAPH 11 FEES. AND CHARGES
Paragraph 1 1, Fees and charges, in its entirety and replace with the following:
11. FEES AND CHARGES:
It is the understanding of the County that use of the facilities will be available to tne
general public through association membership. Income received through such fees
and charges shall be used to offset operating and maintenance costs and
improvements to the facility. Concessionaire may use a portion of fees and charges
for donations, providing educational programs and other charitable activities.
Concessionaire agrees to pay the County an administrative fee in accordance with
the fee schedule as outlined in Exhibit D
which attached exhibit is incorporated herein by this reference and replaces Exhibit ,
D in Amendment Two. The Administrative Fees will be paid quarterly based upon
the Contract Year and
IV AMENDMENT
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ng paragraphs contain allthe changes made by this Amendment Three. All other
and conditions of the Agreement and subsequent amendments remain the same and
in fr force and effect.
DA this _ day of 2Q17.
OPA COUNTY PHOENIX KART RACING ASSOCIATION
Board of Supervisors Date
of the Board Date
as to Form:
County Attorney Date
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EXHTBTT D - PUBL|SHED FEE SCHEDULE (AMENDED)
1 ,'1 50.00
31412010
1,462.50
3t4t2012 i 5,850.00
1,575.00
3t4t2016
reement terminates March 3, 2019
Breakdown: March-May; June-August; September - November; December-February
afterly Payment Due Dates. June 1Sth; September 15th; December 15th; March 15
Payment Due Amendm ent 2 - Contract year I 1 - June .15. 20Og
Date - Year 21 - 1.201
payment fee of 10% of amount due will be assessed if payment is not received bv due
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