AMENDMENT FOUR WITH ARIZONA KARTING ASSOCIATION.PDF

AMENDMENT FOUR
(C-30-02-047-B-04)
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 and Amendment Three 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 agreed
to a new Administrative Fee Schedule with no renewal options remaining; and,
WHEREAS, the Parties now desire to enter into this Amendment Four to the
Agreement that shall extend the Agreement an additional term commencing upon the
expiration of the current renewal term (April 5, 2017) and shall now expire on March 3,
2018 and shall include an amended Administrative Fee Schedule.
NOW THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the Parties hereby agree to further amend the Agreement as
follows:
I. INCORPORATION OF RECITALS
The Recitals set forth above by this reference shall be incorporated herein and made a
part of this Agreement
II. PARAGRAPH 2 TERM
Delete Paragraph 2, Term, in its entirety and replace with the following:
2. Term:
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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.
Amendment Two executed the first of two 5-year renewal options (April 6, 2007
through April 5, 2012). Amendment Three executed the remaining 5-year
renewal option (April 6, 2012 through April 5, 2017). There are no renewal
options remaining.
Amendment Four executes, upon Board of Supervisor approval, the extension for
an additional term commencing upon the expiration of the current renewal term
(April 6, 2017) and shall now expire on March 3, 2018.
It is specifically agreed that the original Agreement and amendments constitute a
Special Use Agreement and do not convey any ownership interest in the
described land.
The Parties acknowledge that this Agreement is subject to cancellation pursuant
to the provisions of A.R.S. §38-511.
II. 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).
III. PARAGRAPH 33, Timeness
Modify Paragraph 33, Timeliness, of the Agreement to provide for a change of address
for remitting payments:
All payments due under the original Agreement, as amended, will be sent to:
Maricopa County Parks and Recreation Department
Attn: Finance
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
IV. AMENDMENT
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The foregoing paragraphs contain all the changes made by this Amendment Four. All
other terms and conditions of the Agreement and subsequent amendments remain the
same and in full force and effect.
DATED this _____ day of __________________________, 2016.
MARICOPA COUNTY ARIZONA KARTING ASSOCIATION
BOARD OF SUPERVISORS
_______________________________ ______________________________
Chairman 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)
Contract Start Date Amount Due % Annual Amount Due
Year (Previous Increase Increase (New Contract
Year) Year)
1 4/6/2002 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 4/6/2006 4,000.00 500.00 4,500.00
6 4/6/2007 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
Total 82,066.86
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