AMENDMENT FIVE WITH ARIZONA KARTING ASSOCIATION COUNTY.PDF

AMENDMENT FIVE
(C-30-02.047-B-05)
TO
SPECIAL USE AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
ARIZONA KARTING ASSOCIATION
RECITALS.
WHEREAS, a Special Use Agreement (C-30-02-047-B-00), as amended by
Amendment One, Amendment Two, Amendment Three and Amendment Four referred
to herein below, was entered into between Maricopa County ("County") and Arizona
Karting Association ("Concessionaire") on April 6, 2002 ("Agreement"). County and
Concessionaire are collectively referred to herein as "Parties" and individually as "Party";
and
WHEREAS, County is authorized to enter into this Agreement pursuant to A.R.S.
§§§11-201 and 11-251; and
WHEREAS, Amendment One (C-30-02-047-B-01) to the Agreement, dated July
2, 2003, revised the legal description; and
WHEREAS, Amendment Two (C-30-02-047-B-02), dated June 21, 2006, to the
Agreement clarified the language in the Agreement and exercised the first of two 5-year
renewal options; and
WHEREAS, Amendment Three (C-30-02-047-B-03), dated December 5, 2007,
exercised the last 5-year renewal option (April 6, 2012 through April 5, 2017) and
included an amended Administrative Fee Schedule, with no renewal options remaining;
and,
WHEREAS, Amendment Four (C-30-02-047-B-04), dated September 7, 2016,
extended the Agreement an additional term commencing April 5, 2017 and expiring on
March 3, 2018 and included an amended Administrative Fee Schedule; and
WHEREAS, the Parties now desire to enter into this Amendment Five to the
Agreement that shall extend the Agreement an additional term commencing March 4,
2018 and expiring on March 3, 2019 and including an amended Administrative Fee
Schedule.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other good and
valuable consideration, receipt and sufficiency of which is hereby acknowledged, the
Parties hereby agree to further amend the Agreement as follows:
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I. INCORPORATION OF RECITALS
The Recitals set forth above by this reference shall be incorporated herein and made a
part of this Agreement.
IL PARAGRAPH 2 TERM
Delete Paragraph 2, Term, in its entirety and replace with the following:
2. 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 five (5) years (April 6, 2002 through April 5, 2007) with two 5-year
renewal options at the discretion of the County, which will not be unreasonably
withheld. These renewal options are subject to negotiation and mutual
agreement of the Parties.
By Amendment Two the first of two 5-year renewal options (April 6, 2007 through
April 5, 2012) was exercised. By Amendment Three the remaining 5-year
renewal option (April 6, 2012 through April 5, 2017) was exercised. Amendment
Four extended the term for an additional year commencing on April 6, 2017 and
expiring on March 3, 2018.
Pursuant to this Amendment Five, 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 Five, constitute the entire Special Use Agreement and do not
convey any ownership interest in the described land.
The Parties acknowledge that this Agreement, as amended, is subject to
cancellation pursuant to the provisions of A.R.S. §38-511.
III. PARAGRAPH 3 ADMINISTRATIVE FEES
Delete Paragraph 3, Administrative Fees, of the Agreement in its entirety and replace
with the following:
3. Administrative Fees:
An annual administrative fee shall be paid to the Maricopa County Parks and
Recreation Department at the start of each Contract Year (April 6th). The fee for
Contract Year 1 will be $2,500.00. Beginning with Contract Year 2, fees will be
in accordance with Exhibit C — Fee Schedule (Amended), attached hereto
and incorporated herein by this reference.
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IV. AMENDMENT
The foregoing paragraphs contain all the changes made by this Amendment Five. All
other terms and conditions of the Agreement and subsequent amendments remain the
same and in full force and effect.
DATED this 2- day of ,2017.
MARICOPA COUNTY ARIZONA KARTING ASSOCIATION
Chairman Board of Supervisors Date By/ Date
ATTEST
Clerk of the Board Date
Approved as to Form:
Deputy County Attorney Date
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EXHIBIT C — FEE SCHEDULE (AMENDED)
Amount Due
Contract (Previous % Annual Amount Due
Year Start Date Year) Increase Increase (New Contract Year)
1 41612002 0.00 0.00 2,500.00
2 4/6/2003 2,500.00 500.00 3,000.00
3 4/6/2004 3,000.00 500.00 3,500.00
4 4/6/2005 3,500.00 500.00 4,000.00
5 416/2006 4,000.00 500.00 4,500.00
6 416/2007 4,500.00 500.00 5,000.00
7 4/6/2008 5,000.00 100.00 5,100.00
8 4/6/2009 5,100.00 100.00 5,200.00
9 4/6/2010 5,200.00 100.00 5,300.00
10 4/6/2011 5,300.00 100.00 5,400.00
11 4/6/2012 5,400.00 5.00% 270.00 5,670.00
12 4/6/2013 5,670.00 5.00% 283.50 5,953.50
13 4/6/2014 5,953.50 5.00% 297.68 6,251.18
14 4/6/2015 6,251.18 5.00% 312.56 6,563.74
15 4/6/2016 6,563.74 5.00% 328.19 6,891.93
16 4/6/2017 6,891.93 5.00% 344.60 7,236.52
17 4/6/2018 7,236.52 6.00% 361.83 7598.35
Total 82,066.86
Payment of Administrative Fees shall be due at the start of each
Contract Year (original and renewal (April 601) and shall be
considered delinquent if not received by the beginning of the
month following the start of each Contract Year (May 1$ 1).
Agreement terminates March 3, 2019.
Last Payment Due — Contract Year 17— May 1, 2018.
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