IGA AMENDMENT RE CAVE CREEK RODEO GROUND SUB-LEASE.PDF

AMENDMENT TWO
TO
INTERGOVERNMENTAL AGREEMENT
(C-30-04-020-00)
BETWEEN
MARICOPA COUNTY
AND
THE TOWN OF CAVE CREEK
RECITALS
On or about March 25, 2004, Maricopa County (“County”) and the Town of Cave
Creek (“Town” or “Cave Creek”) entered into an agreement for the sub-lease of 20
acres of real property (the “Property”) by the County to Cave Creek for recreational
purposes, to be operated as part of Cave Creek Regional Park (the “Agreement”).
The initial term of the Agreement was for a period of five years, terminating on
March 24, 2009. On February 20, 2008 the term of the Agreement was extended to
March 24, 2019.
The Property is owned by the Bureau of Land Management (“BLM”) and is
leased to the County (as part of a larger, 170-acre parcel, the “Park Parcel”) pursuant to
a Lease Agreement (BLM Lease, Serial # A-17005) with an expiration date of
December 6, 2007 (the “BLM Lease”). The BLM Lease was renewed with the County for
an additional term of 25 years, ending December 26, 2032.
The Town has requested that the Agreement be amended to extend the term of
the sub-lease to match the lease extension that BLM granted to the County. The sub-
lease extension is being requested so that the town can continue to make
improvements to the Arena.
This Agreement, as amended, will require administrative action from time to time
to carry out the spirit and intent of the Agreement. The Department Director for the
Maricopa County Parks and Recreation Department is hereby given the authority and
charged with the responsibility for proper administration of this Agreement on behalf of
County, whether or not specific authority to is granted in any provision of the
Agreement.

AGREEMENTS
THEREFORE, the Parties now desire to further extend the term of the
Agreement, subject to the terms and conditions set forth in this Second Amendment (C-
30-04-020-02):
Section 1: Paragraph 2 of the Original Agreement, Duration, as amended, is
further amended to read:
The term of This Agreement is for a period of approximately 19 years, and shall
terminate and be of no further force and effect on December 31, 2032 In the event the
BLM Lease with the County is extended beyond December 31, 2032, County and Town
are authorized to further extend this Agreement by mutual consent for a period not to
exceed the remaining time of any extension of the BLM lease.
Section 2. Paragraph 7 of the Original Lease, Methods of Termination, as
amended, is further amended to read:
Either Party may terminate this Agreement, without cause, prior to the expiration of the
term by serving notice on the other Party at least 180 days prior to the effective date of
the termination.
Section 3. A new Section 14, County use of Property, is added to the
Agreement, to read:
The Parties understand and agree that County may, pursuant to the requirements of
this Section 3, use the Property to accommodate overflow parking from the Park Parcel,
on days when no rodeo events are scheduled to take place on the Property. The
Party’s further understand and agree that the County and its equine concessionaire may
use the Property for events, programs and classes when no rodeo or other town events
are scheduled. Use of the Property by County will be scheduled with the Town prior to
any use. County shall be responsible for maintaining the Property during its use and
return the Property to the Town in reasonably similar condition, normal wear and tear
excepted.
Section 4. Reaffirmation of Original Agreement. Except as amended by this
Amendment Two, the Agreement shall remain in full force and effect. In the event of any
conflict between this Amendment and the Agreement, the terms of this Amendment Two
shall prevail.
Section 5. Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument, binding on all of the Parties. The Parties agree
that this Amendment may be transmitted between them via facsimile. The Parties intend
that the faxes signatures constitute original signatures and that a faxed agreement
containing the signatures (original or faxed) of all the Parties is binding upon the Parties.

IN WITNESS WHEREOF, the Parties have executed this Amendment effective as
of the __ day of January, 2014.
MARICOPA COUNTY, a political subdivision
of the State of Arizona
By: _______________________
Andrew Kunasek
Chairman of the Board of Supervisors
ATTEST:
________________________________
Clerk of the Board
Date: _____________
APPROVED AS TO FORM:
_______________________________
Deputy County Attorney
Town of Cave Creek, an Arizona municipal corporation
By: _____________________________
Vincent Francia, Mayor
Approved as to form:
By: _____________________________________
Dickinson Wright/Mariscal Weeks
Town Attorneys

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