UMA WITH PHOENIX KART RACING ASSOCIATION.PDF

Phoenix Kart Racing Association 
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Use Management Agreement 
Between 
Maricopa County 
And 
Phoenix Kart Racing Association, Inc. 
For the Promotion, Redevelopment, Management, Operation, and Maintenance of the 
Phoenix Kart Racing Association Facility located at Adobe Dam Regional Park 
 
#C_________________ 
 
This Use Management Agreement (hereinafter referred to as “Agreement”) is entered into between Maricopa 
County, a political subdivision of the State of Arizona (hereinafter referred to as “County”), acting on behalf of 
its Parks and Recreation Department (hereinafter referred to as “MCPRD”) and Phoenix Kart Racing Association, 
Inc., an Arizona  nonprofit corporation (hereinafter referred to as “Concessionaire”).  The County and the 
Concessionaire are collectively referred to as “Parties” or individually as a “Party.” 
 
RECITALS 
 
 
WHEREAS, the County is authorized to enter into this Agreement pursuant to A.R.S. §§11-201, 11-
251 and 11-933; and 
 
 
WHEREAS, the County believes the public interest can best be served by contract operation and 
redevelopment of the existing asphalt kart racing recreational facility at Adobe Dam Regional Park (“Park”) 
which comprises a portion of the Maricopa County Regional Parks System; and  
 
WHEREAS, the County and the Flood Control District of Maricopa County, a political subdivision of 
the State of Arizona (“District”), entered into that certain Joint Use Agreement, dated September 8, 1981, as 
amended by that certain (i) First Amendment to Joint Use Agreement dated June 21, 1993, recorded as Document 
No. 1993-0421100 on June 29, 1993, in the Official Records of Maricopa County, Arizona (“MCR”); (ii) Second 
Amendment to Joint Use Agreement dated May 19, 1999, recorded as Document No. 1999-0513221 on May 28, 
1999, and re-recorded as Document  No. 1999-0666862 on July 14, 1999, in the MCR; (iii) Third Amendment to 
Joint Use Agreement dated June 7, 2006, recorded as Document No. 2006-0840478 on June 22, 2006, in the 
MCR; and (iv)  Fourth Amendment to Joint Use Agreement dated September 22, 2016, recorded as Document 
No. 2016-0763640 on October 18, 2016, in the MCR (collectively, the Joint Use Agreement); and 
 
WHEREAS, this Agreement is the result of a solicitation (Serial #180246-ITN Promote, Manage, 
Operate, Maintain and Improve the Existing Kart Racing Complexes, or Provide an Alternate Recreational 
Facility at Adobe Dam Regional Park) released by the County on June 26, 2018 (“ITN”); and 
 
WHEREAS, Concessionaire submitted a response to the ITN  and desires to design, improve, expand, 
and redevelop the existing Phoenix Kart Racing Association facility on approximately twenty-four (24) acres of 
the Park (the “Complex”) as described in Concessionaire’s ITN response (“ITN Response”); and 
 
 
WHEREAS, the Parties agree the intent of this Agreement is solely for the development, operation, 
maintenance, management, and improvement of the Complex and does not convey any interests in land or any 
property rights.  
 
 
AGREEMENT 
 
NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements 
herein contained and other good and valuable consideration, the sufficiency and adequacy of which the Parties 
acknowledge, the Parties agree as follows: 
 
1. 
Recitals.  The Recitals, by this reference, shall be incorporated herein and made a part of this Agreement. 
2. 
Definitions.  
A. Adjusted Gross Revenue:  All Gross Revenue (defined below) generated by a concession adjusted 
downward for limited MCPRD authorized deductions.  
B. Annual Management Plan (AMP):  The AMP is an annual review conducted jointly by the Parties 
to review present,  and the next year’s plan for development and/or operations of the Complex, as a

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fully described in Exhibits 1 through 11 of this Agreement, all of which are attached hereto and 
incorporated herein by this reference. 
C. Contract Year:  A Contract Year is from January 1st through December 31st, except the first 
Contract Year of this Agreement, which will be from the Effective Date (as defined in Section 5(A) 
below, through December 31, 2021.   
D. Gross Revenue:  Gross revenue is all monies and/or other revenues generated and/or received by 
the Concessionaire’s operations on, or associated with, the Complex before allowable deductions.  
The allowable deductions are set forth in Exhibit 8 – Accounting and Fees. 
E. Market Value:  Market Value is the value of improvements owned by Concessionaire as shall be 
determined by a certified real estate appraiser, as defined per A.R.S §32-3601, who is experienced 
at appraising recreational facilities and is agreed upon by the Parties unless otherwise noted in this 
Agreement.   
F. Minimum Fee:  A base concession fee required to be paid by the Concessionaire to the County in 
the amount of either: (1) a specified fixed amount; or (2) based on a percentage of total Gross 
Revenue or Adjusted Gross Revenue (as defined hereinabove) in accordance with the payment 
schedule outlined in this Agreement.   
G. Opening Date: The Opening Date is the date the Complex, or a portion thereof, initially opens to 
the public.  
3. 
Incorporation of ITN. The ITN and the ITN Response are incorporated herein and made part of this 
Agreement by reference.   If there is any conflict between the provisions of the ITN, ITN Response, and 
this Agreement, the provisions of this Agreement shall supersede and control.   
4. 
Scope of the Complex. 
A. The County hereby grants the Concessionaire the right to design, redevelop, expand, manage and 
operate the Complex with the improvements illustrated in Exhibit 1 – Complex Conceptual Site 
Plan, which is more fully described in Exhibit 2 – Complex Activities and Parameters as attached 
hereto and made a part hereof.  
B. The Complex shall conform, at a minimum, to each of the descriptions, terms, and conditions set 
forth in Exhibits 1 through 11 of this Agreement, all of which are attached hereto and incorporated 
herein by this reference, and shall comply with the requirements of the pertinent land patent(s), the 
existing Park’s master plan and/or the Park’s updated master plan, and the District’s Flood 
Impoundment Restrictions and Guidelines (Exhibit 3 - Development of the Complex - Appendix 
One Flood Impoundment Area Guideline and Restrictions), Phoenix City Streams Flood Control 
Project regulations, any approved amendments or revisions thereto. 
C. The Concessionaire shall not use  Complex for purposes other than uses permitted under the terms 
of this Agreement without  express written consent and approval of  County.    
D. The Concessionaire, at its sole cost and expense, shall obtain all applicable permits, environmental 
compliances, taxes, assessments, fees, and other expenses of any nature associated with the 
operation, redevelopment, improvement, and expansion of the Complex, as well as management, 
operation, and maintenance of the Complex, as more fully described in Exhibits 1 through 11 
attached hereto and made a part hereof.  Notwithstanding the foregoing, the Concessionaire shall 
not be liable for any expenses for or associated with improvements initiated by the County and the 
District for their purposes and unrelated to Concessionaire activities.   
E. At the time of execution of this Agreement, Concessionaire anticipates the cost of Complex 
redevelopment and expansion to be approximately two hundred fifity thousand dollars ($250,000).   
F. Concessionaire shall complete the design and construction of the Complex in accordance with the 
schedule below and Exhibit 3 – Development of the Complex, attached hereto and made a part 
hereof.

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Year 
PKRA  Phasing Schedule (Subject to Funding) 
1-2 
Design and Construct an Arrive and Drive Kart Racing 
Upgrade Track Lighting 
Installation of Spectator Seating and/or Bleachers 
Install Additional Storage Units for Karts 
3 
Design and Construct a Drone Obstacle Course 
Install Additional Storage Units for Karts Design and Construct an Off-Road Track  
4 
Install Additional Storage Units for Karts 
5-20 
Design and Construct Additional Contemplated Improvements set forth in Exhibit 2 
 
1) If development impediments described in Exhibit 3 – Development of the Complex cause the 
improvements proposed in Years 1-4 of the Complex to extend past the years set forth in the 
Phasing Schedule in this Section F, the County may, but is not required to, grant a reasonable 
extension of the construction completion year, not to exceed two (2) years. 
2) If Concessionaire concludes, in its reasonable judgment, that it will be unable to build all of the 
improvements proposed on Exhibit 1– Complex Conceptual Site Plan and/or develop and use 
a significant portion of the land due to development impediments as noted in Exhibit 3 - 
Development of the Complex, then, in the County’s sole discretion, either: (i) the 
Concessionaire shall immediately cease to use the portion of the land that cannot be developed 
and, within sixty (60) calendar days of Concessionaire’s notification to the County that the land 
cannot be developed as set forth in this Agreement, the Parties shall amend this Agreement to 
reflect the reduction in the size of the Complex and the revised Complex elements; or (ii) the 
County may terminate the Agreement in accordance with Section 6 of this Agreement. 
G. If any of the proposed improvements to the Complex require a new or modified Occupancy Permit 
or Partial Occupancy Permit, the Concessionaire shall not occupy the Complex or that portion of 
the Complex until the Occupancy Permit or Partial Occupancy Permit is issued by the jurisdictional 
authorities, along with the written consent and approval of the County.  Concessionaire shall 
commence operations and maintenance of each new improvement within the Complex within six 
(6) months from receipt of the new or modified Occupancy Permit (if applicable) and the written 
consent of the County.      
H. The Concessionaire shall not commence with any modifications to the Complex, permitted plans, 
or any new construction, development, or improvements after Complex completion without the 
express written consent and approval of the County and the District.   
5. 
Term and Fees.   
A. The term of this Agreement shall be Twenty (20) years (“Term”), commencing on the date it is fully 
executed by the Parties (“Effective Date”).   
B. Renewal Term. Upon Concessionaire’s request, at the County’s sole discretion, and upon mutual 
agreement of the Parties, this Agreement may be renewed for up to three (3) terms of five (5) years 
each (each a “Renewal Term”) subject to each of the following conditions: 
1) The Concessionaire shall provide written notice of a request to renew or not to renew no later 
than one hundred and eighty (180) calendar days prior to the date the Term or Renewal Term, 
as the case may be, is scheduled to expire; and   
2) The Renewal Term shall be upon the same terms and conditions as the final year of the initial 
Term except that the Parties shall negotiate a reasonable adjustment to the Annual Fee and 
Additional Fees Over Minimum, as defined and administered in Exhibit 8 – Accounting and 
Fees, attached hereto and made a part hereof, upon the start of the Renewal Term.  The 
reasonable adjustments shall be based on, but not limited to, Market Value of the property, 
Concessionaire’s investment of capital improvements and ongoing maintenance costs, revenue 
generation and sustainability of Concessionaire’s recreational activity(ies); and 
3) The Renewal Term shall be approved by the County and the District; and 
4) The Parties hereby agree neither the County nor the District, shall be liable to the 
Concessionaire or any of its officers, employees, agents, or contractors at law or in equity for 
not approving a Renewal Term. 
C. Fees.  The Concessionaire shall pay the County Annual Minimum Fees as shown in the fee payment 
schedule below (“Fee Payment Schedule”) and as administered in Exhibit 8 - Accounting and 
Fees.  
 
 
Fee Payment Schedule

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6. 
Termination. 
A. This Agreement may be terminated for cause in whole or in part, at any time, by the County, upon 
sixty (60) calendar days prior notice to the Concessionaire without any penalty or liability to County.  
Concessionaire and its employees, agents, officers, directors, members, successors, or assigns 
hereby waive any and all rights to bring any claim against County or its employees, agents, officers, 
directors, members, successors or assigns from or relating in any way to County’s termination of 
this Agreement. Representative reasons for “cause” include, but are not limited to: (i) the real 
property, or a portion thereof, reverts to the agency from which any patent was received; (ii) the real 
property is no longer useful for a recreational purpose; and/or (iii) new requirements imposed upon 
the County make a continuation of the Agreement unreasonable. 
B. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions 
of A.R.S. § 38-511. 
C. This Agreement may be terminated without cause with the mutual agreement of the Parties.  The 
Party requesting the termination must submit its request, in writing, a minimum of one hundred 
eighty (180) calendar days in advance of the requested termination date.  Notice of the request for 
termination shall be sent to the other Party pursuant to the notice provisions set forth in Section 15 
of this Agreement.  If the request for termination is initiated by the Concessionaire, the County may 
select an interim operator (or may choose to become the interim operator) to act as the 
Concessionaire until a replacement concessionaire has been selected.  Within forty-five (45) 
calendar days of the date the interim operator commences operations, or sooner if the Parties agree, 
the Concessionaire shall pro-rate any membership fees, fees paid for a future service or other fees 
and shall pay such pro-rated amount to the interim operator.  The Concessionaire shall pay to the 
interim operator all security deposits received by Concessionaire for tournaments, events, or 
functions be held at the Complex, scheduled after the termination date of this Agreement. 
D. Should the Concessionaire, with the consent of the County, continue to provide the services 
described hereinafter the expiration of the Term and/or any Renewal Term, without having entered 
into a subsequent agreement of like nature and content to this Agreement, this shall be deemed a

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holdover of the Complex on a month-to-month basis, not to exceed a period of twelve (12) months, 
with all of the terms and conditions of this Agreement to continue in full force and effect.  If the 
Parties have not entered into a new agreement by the end of the twelve (12) month period, the 
Concessionaire is required to vacate and may no longer holdover. 
7. 
Default. 
A. It shall be a default and breach of this Agreement by Concessionaire if any of the following shall 
occur at any time during the Term or Renewal Term: 
1) Failure to make payment of any monetary sums specified to be paid by the Concessionaire 
under this Agreement on or before the date the same shall become due, and such failure 
continues for a period of thirty (30) calendar days after notice of such default is given to the 
Concessionaire. 
2) Failure of the Concessionaire to make satisfactory progress, in the County’s sole discretion, to 
meet the mutually agreed-upon annual milestones set forth for each Contract Year.  
3) Failure to operate and maintain the Complex, as more fully described in Exhibits 2 through 
11, attached hereto and made a part hereof, pursuant to the terms and conditions of this 
Agreement, where such failure continues for a period of thirty (30) calendar days after notice 
of such default is given to the Concessionaire, provided, however, that if such default is of a 
nature that it cannot reasonably be cured within said thirty (30) calendar days, then the cure 
period may be extended by the County, in writing, for such longer time as may be reasonably 
necessary, so long as the Concessionaire commences to cure the failure within said thirty (30) 
day period, in good faith and with due diligence, and thereafter diligently and continuously 
pursues the same to completion. 
4) A breach of Concessionaire’s representations and warranties set forth in Section 13 of this 
Agreement. 
5) Institution or filing by or against the Concessionaire of insolvency, receivership or bankruptcy 
proceedings or any other proceedings for the settlement of Concessionaire’s debts and not 
dismissed within ninety (90) calendar days from the date of such filing or institution. 
6) Appointment of a receiver, guardian, conservator, trustee or assignee, or any other similar 
officer or person to take charge of all of the property or businesses of the Concessionaire and 
such appointment is not vacated within ninety (90) calendar days after the date of appointment. 
7) Any general assignment for the benefit of creditors by Concessionaire. 
8) All of the Concessionaire’s assets located at the Complex or interest in the Complex being 
subjected to attachment, execution or other judicial seizure. 
9) Insolvency of the Concessionaire. 
10) Concessionaire’s dissolution or ceasing to do business. 
B. Upon determination by the County that the Concessionaire is in default, the County shall be entitled, 
at its discretion and selection, to exercise one or more of the following remedies: 
1) Terminate this Agreement, without penalty or liability to the County, by giving the 
Concessionaire notice of termination. Upon the issuance of the notice of termination, all of the 
Concessionaire’s rights in the Complex and under this Agreement shall terminate immediately. 
Within the notice of termination, the County, in its sole discretion, shall direct the 
Concessionaire to (i) surrender and vacate the Complex, and the County may enter and take 
possession of the Complex and eject all parties in possession, or eject some and not others, or 
eject none; or in the alternative, (ii) the County may,  at the Concessionaire’s sole cost, and 
expense (1) demolish and/or remove all, or a portion of, improvements on the Complex and 
return the property, or a portion of the property, to a condition as similar as possible to the 
condition of the property at the time of execution of this Agreement; and/or (2) remove all 
personal property, trade fixtures, equipment, and inventory owned by Concessionaire and repair 
any damage caused to the Complex as a result of the removal of built-in fixtures; and/or (3) 
remove all garbage and debris, to include inoperable or obsolete equipment, from the Complex, 
all by the date(s) specified by the County.   
a) Termination under this Section shall not relieve the Concessionaire of the obligation for 
payment of any sums then due to the County or from any claim for damages previously 
accrued or then accruing against the Concessionaire.  In addition, if the Concessionaire 
fails to remove all personal property and garbage/debris from the Complex in the 
timeframes specified by the County, Concessionaire shall pay all costs incurred by the 
County to remove and dispose of such property in any manner it may deem desirable, 
within thirty (30) calendar days of receipt of an invoice from the County 
b) If the Agreement is terminated for default, the Concessionaire shall, and hereby covenants 
to, peaceably and quietly surrender the Complex to the County and to execute and deliver

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to the County such instruments as shall be required by the County, to evidence termination 
of the Concessionaire’s rights hereunder, its interest herein, and to certify that the 
Concessionaire has not encumbered the Complex.  
2) The County may exercise any other remedy available at law or in equity. 
C. It shall be a default and breach of this Agreement by County if the County fails to perform any of 
its material obligations hereunder and such failure to perform continues for a period of thirty (30) 
calendar days after written notice thereof from the Concessionaire to the County (unless such failure 
cannot reasonably be cured within thirty (30) calendar days. In this event, the County shall have 
commenced curing said breach or failure within said thirty (30) calendar day period and shall 
diligently pursue cure of the failure or breach to completion to avoid being in default). Should the 
County continue to be in default without the pursuit of a cure, the Concessionaire may terminate 
this Agreement with a ninety (90) calendar day written notice to the County.     
8. 
Surrender.  Upon the expiration date or any termination date for reasons other than the default of the 
Concessionaire, the Concessionaire shall, unless otherwise approved by the County, within sixty (60) 
calendar days from the expiration date or termination date of this Agreement, at the County’s sole 
discretion, conduct three (3) or more of the following tasks:  
A. Execute a Certificate of Acknowledgement that the Concessionaire has vacated and relinquished all 
possessory rights to the Complex to the County as well as represent and warrant that the 
Concessionaire has not encumbered the Complex; and/or 
B. Demolish and/or remove all, or a portion of, the improvements on the Complex as specified by the 
County and return the property to a condition as similar as possible to the condition of the property 
at the time of execution of this Agreement; and/or 
C. Remove all personal property, trade fixtures, equipment, and inventory owned by Concessionaire 
from the Complex and repair any damage caused to the Complex as a result of the removal of built-
in fixtures. Any such items not removed within the specified timeframe shall be deemed to be 
abandoned by Concessionaire. Concessionaire shall pay all costs incurred by the County to remove 
and dispose of such property in any manner it may deem desirable, within thirty (30) calendar days 
of receipt of an invoice from the County; and/or 
D. Remove all garbage and debris, including inoperable or obsolete equipment, from the Complex. If 
Concessionaire fails to remove all garbage and debris (including inoperable or obsolete equipment) 
within such timeframe, Concessionaire shall pay all costs incurred by the County to remove and 
dispose of said items within thirty (30) calendar days of receipt of an invoice from the County. 
9. 
Financing.   
A. The Concessionaire may not mortgage or encumber any improvements that are permanently affixed 
to the land or any lands upon which the Complex lies. Improvements that can be disassembled and 
removed without damage to the underlying real estate are not considered permanently affixed (e.g., 
above groundwater treatment). 
B. The Concessionaire or any of its contractors or subcontractors shall not have any authority to create 
any lien against the County for labor, materials, or services furnished by the Concessionaire, its 
contractors, or subcontractors.  If, because of any act or omission (or alleged act or omission) of the 
Concessionaire, any mechanic’s, materialman’s or other liens, charge or order for the payment of 
money shall be filed or recorded against the County (whether or not such lien, charge or order is 
valid or enforceable as such), the Concessionaire shall immediately notify the County.  The 
Concessionaire will, at its own expense, cause the same to be canceled and discharged of record 
within thirty (30) calendar days after the Concessionaire received notice of the filing thereof, or the 
Concessionaire may, within the said period of time, furnish to the County a bond satisfactory to the 
County against said lien, charge or order, in which case the Concessionaire will have the right in 
good faith to contest the validity or amount thereof, as provided by law. 
10. 
Indemnification and Insurance. 
A. The Concessionaire, for itself, its agents, officers, directors, partners, vendors, contractors, 
employees, assignees, sub-concessionaires, licensees, invitees, or any and all other persons claiming 
rights through the Concessionaire, shall, to the fullest extent permissible by law, indemnify, defend 
and hold harmless the County, including agents, officers, directors, and employees thereof, from 
and against any and all loss or expense of any nature whatsoever, incurred as a result of any claim 
or suit of any nature whatsoever, which arises in any way, either by neglect, willfulness, action, 
omission to act or other failures of any nature whatsoever pursuant to this Agreement.  The 
Concessionaire shall be liable and responsible for, including but not limited to, reasonable attorneys’ 
fees, court costs, awards and other expenses relating to the defense against claims or litigation, 
incurred by the County.  This clause shall, in all instances, be interpreted to find that the obligation

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to defend, indemnify, and hold harmless does fall to Concessionaire. The scope of this 
indemnification does not extend to the sole negligence of the County. 
B. The Concessionaire shall secure and maintain the following insurance coverage within five (5) 
business days of the Effective Date: 
1) Public liability insurance, including bodily injury/property damage, auto liability, products and 
completed operations liability, liquor liability, and contractual liability, providing limits of no 
less than two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) 
aggregate limits, or evidence of self-insurance acceptable to the County, for injuries or damage 
received or sustained by any person(s), or property at the Complex. 
2) Waiver of Subrogation/recovery against the County shall be included in all policies. 
3) Coverage must include sexual molestation for the limits of $1,000,000 per occurrence and 
$2,000,000 aggregate. 
4) Environmental cleanup and pesticide/herbicide coverage shall be included unless 
documentation provided by the Concessionaire that this is not available or feasible. 
5) Worker’s Compensation, if applicable, with limits not less than $1,000,000 for each accident, 
$1,000,000 disease for each employee, and $1,000,000 disease policy limit. 
6) Property insurance in an amount sufficient to rebuild the improvements in case of a casualty 
loss.  Concessionaire shall notify the Contract Administrator immediately upon any property 
insurance claim submission. County will be an “additional payee” pursuant to such policy.  The 
Concessionaire will be entitled to receive and shall be obligated to apply insurance proceeds to 
repair or reconstruct damaged improvements.  Insurance proceeds shall be disbursed pursuant 
to customary construction lending practices in the Phoenix, Arizona area, as such repair and 
restoration are being made and subject to such procedures as the County may reasonably require 
monitoring the application of such proceeds. 
7) The insurance coverages will be reviewed annually, no later than December 31 of each year, as 
part of the AMP pursuant to the terms of the Agreement. The County reserves the right to 
request a copy of all claims (including but not limited to incident reports, damages).  
8) The County reserves the right to revise the minimum required limits of insurance during the 
term of this Agreement, provided the changes are consistent with market conditions, prudent 
business judgment, and industry standards. 
C. The County and the District shall be named as “additional insureds” under all policies of insurance. 
Copies of all insurance policies or certificates thereof will be made available to the County upon 
request. Copies of the Certificate of Insurance will be furnished annually to the County. The County 
will be given thirty (30) calendar days advance written notice of cancellation of a policy, non-
renewal, or change in coverage or limits.  
D. The Concessionaire assumes all risk of loss and shall be responsible for any and all losses to the 
Complex and all improvements, acquired or developed within the Complex after the Effective Date.  
The loss to the Complex may result from but is not limited to, theft, vandalism, fire and any fire-
fighting activities (including prescribed burns), floods, droughts, landslides, rising waters, winds, 
falling limbs or trees and acts of God.  If, prior to commencement of, or during, the Term or Renewal 
Term of this Agreement, any property, real or personal, under the control of the Concessionaire or 
any buildings or improvements or such fixtures or equipment on, below, above, or appurtenant to 
the Complex at the commencement of the Term or Renewal Term or hereafter erected, installed or 
placed thereon shall be destroyed or damaged in whole or in part by any cause except condemnation, 
the Concessionaire will notify the County immediately.  The Concessionaire will immediately 
secure the area to prevent injury, vandalism, or further damage to persons, improvements, and 
contents thereof and direct its insurer to make any payment to the appropriate Party. 
E. If the destroyed or damaged buildings, improvements, fixtures or equipment under the control of 
the Concessionaire are capable of restoration, in the reasonable judgment of the County and 
Concessionaire, this Agreement shall continue in full force and effect, except that established fees 
payable to the County by the Concessionaire, to the extent not covered by insurance, shall be abated 
to the extent that the damage or restoration interferes with the Concessionaire’s operations.  The 
Concessionaire agrees to cooperate in the determination of the abatement or other relief to be 
provided by furnishing all information requested relative to its operations, permitting examination, 
and audit of all accounting records kept in connection with the conduct thereof.  , The abatement of 
fees may be negotiated in relation to the percentage of damage.  Fee abatement(s) may be granted 
for a period of not more than one hundred eighty (180) calendar days.  The Concessionaire will, as 
soon after the damage as reasonably possible, apply for all  permits required to restore damaged 
improvements, and complete restorations within a date mutually agreeable to the Parties.  Should 
such damage or destruction occur within thirty-six (36) months of this Agreement’s scheduled Term

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date or Renewal Term, or if the damage destroys in excess of fifty percent (50%) of the appraised 
value of the Complex on the date of loss (as determined by an independent appraiser), then the 
Concessionaire or the County shall have the option to terminate this Agreement in whole or in part.  
If this Agreement is terminated pursuant to this provision, any insurance proceeds shall be applied 
first to remove any damaged or destroyed improvements and second to pay any loans to the 
Concessionaire secured by its interest in this Agreement or any property covered hereby.  The 
balance of the proceeds shall be divided by the County and the Concessionaire in equal proportions.  
11. 
Assignment. 
A. The Concessionaire shall not transfer, sell or assign, transfer or subcontract, in whole or in part, the 
Concessionaire’s rights or interests in the Agreement without the prior written approval of the 
County.  
B. The Concessionaire shall provide at least ninety (90) calendar days prior to the date of the proposed 
transfer, written notice of a sale, or assignment of this Agreement, so any requested analysis, study, 
and subsequent County approval can be completed prior to the effective date of the transfer, sale or 
assignment.  
1) The Concessionaire shall deposit with the County a minimum nonrefundable administrative 
transfer fee (“Administrative Fee”) of two thousand five hundred dollars ($2,500.00) upon 
notification of a potential sale, transfer, or assignment to reimburse County for administrative 
costs associated with the transaction.  
2) In connection with a full transfer, sale or assignment to a designated assignee, the 
Concessionaire shall provide the County, for review, any information requested by the County 
for purposes of transfer, sale or assignment of this type of business operation including, but not 
limited to, the following: 
a. 
Business and management capability of the designated assignee; and 
b. A financial analysis of the Complex operation, including an appraisal of real property 
improvements and/or furniture, fixtures and equipment that are included in the transaction, 
be conducted before approving a transfer, sale or assignment; and 
c. 
A background check, including a financial profile and criminal history of the key 
individuals of the designated assignee. 
C. The Concessionaire, upon no less than ninety (90) calendar days prior written notice to the County, 
may partner or subcontract with other entity(ies) to operate units of the Complex, provided that, all 
gross revenues from partners, subcontractors, vendors and events shall be included in revenue 
reporting as per Exhibit 8 - Accounting and Fees.  Concessionaire is responsible for all actions, 
liabilities, and damages of partners, subcontractors, or other entity(ies).  
12. 
Compliance Requirements. 
A. The Concessionaire, for itself and all subcontractors, if any, shall not discriminate against any 
employee or applicant for employment because of race, age, handicap, disability, color, religion, 
sex, sexual orientation, or national origin.  The Concessionaire shall comply with Title VI and Title 
VII of the Federal Civil Rights Act, the Federal Rehabilitation Act the Age Discrimination in 
Employment Act the Americans with Disabilities Act of 1990, A.R.S. §41-1461 et. seq., A.R.S. 
§41-1492 et. seq., 29 U.S.C. §721 (Section 504) and Arizona Executive Order 75-5, which mandates 
that all persons shall have equal access to employment opportunities. 
B. The Concessionaire, for itself and all subcontractors, if any, agrees to comply with the Immigration 
Reform and Control Act (I.R.C.A.) and Arizona statutes, in the performance of this Agreement and, 
upon request, permit the County to inspect personnel records to verify such compliance. 
C. The Concessionaire, for itself and all subcontractors, if any, shall comply and warrants full 
compliance with all federal immigration laws and regulations that relate to their employees, and 
their compliance with A.R.S. §23-214 et seq.  A breach of this warranty shall be deemed a material 
breach of this Agreement that is subject to penalties up to and including termination of this 
Agreement.  The County retains the right to inspect the papers of Concessionaire or sub-
concessionaires’ employee(s) who work on the Complex to ensure that the Concessionaire or sub-
concessionaire is complying with the warranty provided above.  The Concessionaire shall make all 
papers and employment records of the said employee(s) available during normal working hours in 
order to facilitate such an inspection. Nothing herein shall make any Concessionaire or sub-
concessionaire an agent or employee of the County. 
D. The Concessionaire for itself and all subcontractors, if any, warrants that it complies with 
verification of employment eligibility and E-Verify Program.  
E. If Concessionaire engages in for-profit activity and has ten (10) or more employees, and if this 
Agreement has a value of one hundred thousand dollars ($100,000) or more, Concessionaire certifies 
it is not currently engaged in and agrees for the duration of this Agreement to not engage in, a

Phoenix Kart Racing Association 
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boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 
50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 
13. 
Concessionaire’s Representations. Concessionaire represents and warrants to the County that the 
following statements are true and correct: 
A. No person or selling agency has been employed or retained to solicit or secure this Agreement upon 
an agreement or understanding for a commission, percentage, brokerage, or contingency fee, 
excepting bona fide employees or bona fide established commercial or selling agencies maintained 
by the Concessionaire for the purpose of securing business.  For breach or violation of this warranty, 
County shall have the right to recover the full amount of such commission, percentage, brokerage, 
or contingency fee.   
B. This Agreement is not intended to constitute, create, give to, or otherwise recognize a joint venture 
agreement or partnership or formal business organization of any kind between the County and the 
Concessionaire and the rights and obligations of the Parties shall be only those expressly set forth 
in this Agreement. 
C. No person(s) supplied by the Concessionaire in the performance of obligations under the Agreement 
is/are considered to be the County’s employees, and no rights of the County’s civil service, 
retirement, or personnel rules apply to such person(s). 
D. The Concessionaire has total responsibility for determining employee eligibility, all salaries, wages, 
insurance of any type, bonuses, retirement withholdings, worker’s compensation, other employee 
benefits, and all taxes and premiums appurtenant thereto concerning such persons and shall save 
and hold the County harmless with respect thereto.  
E. The Concessionaire will ensure full compliance with all applicable terms and conditions of this 
Agreement by its agents, employees, vendors, and contractors (including subcontractors of any tier) 
and their respective employees.  Failure or refusal of the Concessionaire or its agents, employees, 
vendors, contractors, sub-contractors, or their employees to comply with these terms and conditions 
will be deemed a breach of this Agreement. 
F. The Concessionaire has not been debarred, suspended, proposed for debarment, declared ineligible, 
or voluntarily excluded from covered transactions by any Federal department or agency. 
G. The Concessionaire has not within a three (3) year period preceding this Agreement been convicted 
of or had a civil judgment rendered against them for the commission of fraud or a criminal offense 
in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) 
transaction or contract under a public transaction; violation of Federal or State antitrust statutes or 
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making 
false statements or receiving stolen property.  
H. The Concessionaire is not presently indicted or otherwise criminally or civilly charged by a 
government entity (Federal, State, or local) with the commission of any of the offenses enumerated 
in paragraph (G) of this certification. 
I. 
The Concessionaire has not, within a three (3) year period preceding this Agreement, had 
transactions terminated for default. 
The Concessionaire shall include, without modification, Sections 13(F) through 13(I) above in all lower 
tier covered transactions (e.g., transactions with vendors, contractors) and in all solicitations for lower 
tier covered transactions related to this Agreement.  
14. 
Representation and Warranties of County.  County represents and warrants to the Concessionaire that 
the existing land and improvements are being presented “as-is, where-is” as of the Effective Date of this 
Agreement.  The County does not imply or provide any warranty with respect to the physical aspects of 
the Complex except as set forth herein.   
15. 
Notices.  
All notices required under this Agreement shall be in writing and given by email delivery with read 
receipt, United States Post Office certified mail with return receipt requested, or by commercial courier 
served with a receipt, or by hand delivery with a receipt, to each Party’s following address, or such other 
address as either Party may notify the other in writing as provided herein.  Any such notice shall be 
considered served when communication is received and signed for, or delivery is refused or returned to 
the sender as unclaimed.  
  
 
For the County:   
 
Maricopa County Parks & Recreation Department 
 
 
 
 
Attn: Contract Administrator 
 
 
 
 
41835 N. Castle Hot Springs Road 
 
 
 
 
Morristown, AZ 85342 
 
 
 
 
Email: emily.miller@maricopa.gov 
 
 
 
 
Phone: (602) 506-9511

Phoenix Kart Racing Association 
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For the Concessionaire: 
 
Phoenix Kart Racing Association 
 
 
 
 
Attn: President  
 
 
 
 
 
20118 N. 67th Avenue #300-179 
 
 
 
 
 
Glendale, AZ 85308 
 
 
 
 
 
Email: President@pkra.com 
 
 
 
 
 
Phone: (602) 492-5278 
 
16. 
General Provisions.   
A. The waiver by either Party of any breach of any one or more of the covenants, conditions or 
provisions of this Agreement shall not be construed to be a waiver of any subsequent or other breach 
of said covenants, conditions or provisions of this Agreement.  Any failure on the part of either Party 
to require or exact full and complete compliance with any of the covenants, conditions, or provisions 
of the Agreement shall not be construed to, in any manner, change the terms hereof or preclude such 
Party from enforcing the full provisions of this Agreement. 
B. The paragraph or section headings used in this Agreement are for the purpose of convenience or 
reference only.  They shall not be construed in any manner, or to any extent, to limit or to extend 
the effect or meaning of the terms and provisions contained thereunder. 
C. The Parties intend for this Agreement to comply with applicable laws.  If any provision of this 
Agreement is determined to be invalid, void, or illegal, then such determination shall not affect, 
impair, or invalidate any other provision hereof, and the remaining provisions shall remain in full 
force and effect, and the Parties shall use their commercially reasonable efforts to restate the invalid 
provision to the end that it complies with applicable laws. 
D. The Parties agree to act in good faith and with fair dealing with one another in the execution, 
performance, and implementation of the terms and provisions of this Agreement.  Whenever the 
consent, approval or other action of a Party is required under any provision of this Agreement, such 
consent, approval or other action shall not be unreasonably withheld, delayed or conditioned by a 
Party unless the provision in question expressly authorizes such Party to withhold or deny consent 
or approval or decline to take action in accordance with a different standard, in which case the 
consent or approval or the decision not to take action may be withheld, delayed or conditioned in 
accordance with the different standard.    
E. Except as may be otherwise expressly and specifically set forth in this Agreement, no person or 
entity shall be deemed a third-party beneficiary of any of the provisions of this Agreement. 
F. The Concessionaire agrees to collect data related to recreation uses occurring within the Complex. 
The County, or its designated representative, will provide the forms on which to collect the data.  
The Concessionaire will not be required to collect or release data to the County that violates any 
privacy statutes, regardless of the originator, or is of a nature that identifies specific individuals as 
users of the Complex. 
G. There is reserved to the County and their successors or agents, the right of the officers, agents, 
employees, licensees, and permittees, or the designees of public bodies, at all proper times and 
places, freely to have ingress to, passage over, and egress from all of the said lands, to exercise, 
enforce, and protecting their rights and the terms and conditions described in and reserved by this 
Agreement, including the right of physical entry to the area for inspection, monitoring, or any other 
purpose consistent with any right or obligation of the County under any law or regulation, or to 
survey Park users and customers at the Complex.  Unless there is an emergency, the right of entry 
by County must be coordinated with the Concessionaire to ensure safe entry and reasonable flow of 
business.   
H. The Concessionaire shall not commit or permit any illegal, morally questionable nuisance or unsafe 
condition to be created or maintained on the Complex.  The Concessionaire shall not operate or 
knowingly permit the operation of any illegal acts upon the Complex. 
I. 
The Concessionaire hereby agrees and shall provide, obtain and maintain, at its sole cost and 
expense, all operating permits and licenses and shall comply with all applicable federal, state, 
county, local and city statutes, laws, ordinances, rules, regulations, and instructions, including 
MCPRD’s rules and regulations (see Exhibit 11 - Park Rules), in effect now or as may be amended 
or added, which apply to the development, management, operation and maintenance of the Complex, 
as more fully described in Exhibits 1 through 11, attached hereto and made a part hereof,  and to 
keep fully informed of, and in compliance with, any changes or revisions thereto.  Upon the securing 
of appropriate permits and licenses to sell liquor, the Concessionaire shall provide, at its sole cost 
and expense, all insurance required for liquor sales. In addition to compliance with legal

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requirements, the Concessionaire shall exercise prudent, responsible, and experienced judgment in 
the serving of liquor for consumption in designated areas at the Complex.  
J. 
This Agreement shall be deemed to be made under, and shall be construed in accordance with and 
shall be governed, interpreted and regulated by, the laws of the State of Arizona, and arbitration 
proceedings, if applicable, or suit to enforce any provision of this Agreement or to obtain any remedy 
with respect hereto may be brought in the Superior Court of the State of Arizona, Maricopa County, 
and for this purpose, each Party hereby expressly and irrevocably consents to the jurisdiction of said 
Court.  
K. If suit or action is commenced to enforce compliance with any term, covenant or condition of this 
Agreement, including any action undertaken in the context of bankruptcy proceedings, the Party not 
prevailing shall pay to the prevailing party a sum which the trial judge determines is reasonable as 
attorney fees to be allowed in the suit or action and court costs. If an appeal is taken from any 
judgment or decree in the suit or action, the Party not prevailing on the appeal shall pay the 
prevailing  Party such further sum as the appellate court shall adjudge reasonable as attorney fees 
on appeal and court costs.   
L. The occurrence of any of the following events shall excuse performance of such obligations of a 
Party as are rendered impossible or reasonably impracticable to perform while such continues: 
strikes; lockouts; acts of God; governmental restrictions; enemy or hostile governmental action; fire 
or other casualties; and other causes beyond the reasonable control of the Party obligated to perform 
(each an event of “Force Majeure”).   
M. Concessionaire covenants and warrants that the person executing this Agreement on behalf of the 
Concessionaire is duly authorized to sign this Agreement and agrees to provide proof of such 
authorization, for example, bylaws or a resolution, prior to the execution of this Agreement. 
N. This Agreement does not create a leasehold estate, and District shall at all times remain the title 
holder of the real property. 
O. The MCPRD Director or his/her delegee shall administer this Agreement.This Agreement may be 
executed in two or more counterparts, each of which shall be deemed an original but all of which 
together shall constitute the same instrument.  Faxed, electronically transmitted, and copied 
signatures are acceptable as original signatures. 
P. Time is of the essence of this Agreement.  If the date for performance of any obligation hereunder 
or the last day of any period provided herein shall fall on a Saturday, Sunday or legal holiday, then 
said date for performance or period shall expire on the first day thereafter which is not a Saturday, 
Sunday or legal holiday.  
Q. This Agreement, together with any amendments and exhibits attached hereto, constitutes the entire 
Agreement between the Parties and sets forth all of the covenants, promises, agreements, conditions 
or understandings, either oral or written, between the Concessionaire and the County, and those 
agreements that are executed contemporaneously herewith.  This Agreement shall be construed as 
a whole and in accordance with its fair meaning and without regard to any presumption or other rule 
requiring construction against the party drafting this Agreement.  This Agreement cannot be 
modified or changed except by a written instrument executed by the Concessionaire and the County.  
The Concessionaire and the County have reviewed this Agreement and have had the opportunity to 
have it reviewed by legal counsel. 
 
 
IN WITNESS HEREOF, the Parties have executed this Agreement on the date indicated. 
 
 
PHOENIX KART RACING ASSOCIATION, INC. 
 
 
 
 
Signature 
   
 
 
Date 
 
 
By: 
 
Printed Name, Titla

Phoenix Kart Racing Association 
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RECOMMENDED BY: 
 
 
 
   
 
 
 
 
 
RJ Cardin 
   
 
Date 
Director, Maricopa County Parks & Recreation Dept. 
 
 
 
MARICOPA COUNTY  
 
 
 
 
 
____________________________________________ 
Chairman 
 
 
 
Date 
 
Board of Supervisors 
 
 
ATTEST 
 
 
 
 
 
 
 
 
 
Clerk of the Board 
 
 
Date 
 
 
Approved as to Form: 
 
 
__________________________________  
 
Attorney for Maricopa County

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Exhibit 1 – Complex Conceptual Site Location at Adobe Dam Regional Park 
(Not to Scale)

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Exhibit 1 (continued)  
Legal Description

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Exhibit 1 (continued)  
Complex Conceptual Site Plan 
 
 
Exhibit 1 (continued)  
Complex Conceptual Site Plan 
 (Not to Scale)

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Exhibit 2 - Complex Activities and Parameters 
Exhibit 2 - Complex Activities and Parameters, as stated herein, sets forth the allowable uses of the Complex.  
This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP pursuant to 
the terms of the Agreement.   
 
The Concessionaire is authorized to organize, administer, and supervise kart racing competitions and other 
recreational activities which include, but are not limited to, organization and facilitation of races, practices, and 
tournaments, as well as provide instructional programs and clinics as provided herein for Concessionaire’s 
recreation programs at the Complex. 
 
1. 
Complex Use. Concessionaire shall have exclusive right to schedule use of the Complex and for 
conducting Complex Special Events (see Section 4 below).   
2. 
Complex Residency.  The establishment of a residence, either temporary or permanent, shall not be 
permitted on the Complex or within the Park. 
3. 
Complex Activities.   
A. The Complex shall be open to the public. The Concessionaire is anticipated to provide or construct 
the following additional structures, support facilities, and infrastructure for recreational activities 
associated with the  improvements as stated herein: 
1) Additional bleachers 
2) Upgraded lighting 
3) Solar 
4) Additional storage units 
5) Additional control towers 
B. The Concessionaire is anticipated to provide the following recreational racing activities at the 
Complex: 
1) Remote Control Car Racing 
2) Arrive and Drive Motorsports Kart Rentals 
3) Closed Low Obstacle Course Drone Racing Course 
4) Competitive Bicycle Racing 
5) Off-Road Racing Track (off road karts and UTV’s) 
6) Speedway Bikes 
7) Quarter Midget Karts 
8)   Other types of activities approved in advance by MCPRD 
4. 
Complex Special Events. Special Events are defined as events and activities outside of regular-seasonal 
practices and races, such as overnight use of lands for trailers, tents, camping.  Special Events require 
submission of a Special Use Permit (SUP). 
A. Special Use Permits (SUPs).  The Concessionaire shall, through coordination with the Contract 
Administrator and/or the Park Supervisor, coordinate the planning of SUPs for approval by MCPRD 
and District. 
1) For planning purposes, it is preferred that the Concessionaire submit annually to MCPRD (by 
November 1) the tentative dates of all Special Events anticipated to occur in the upcoming 
calendar year.  MCPRD may combine annual activities into an annual SUP for approval by 
MCPRD and District. 
2) Special Event not among the annual planned activities SUP must be submitted to the Contract 
Administrator sixty (60) calendar days prior to the event date.   
3) SUP applications shall contain a full written description, a timeline of the event, and a map 
showing the location of the event. 
4) SUPs may require an addendum to the Emergency Evacuation Plan (see Exhibit 9 – Safety). 
5) Special Event overnight use of any temporary structures (e.g., tents, trailers), or vehicles of any 
type (including recreational vehicles) located below the 100-year standard project flood pool 
elevation is not permitted on the Complex or within the Park without prior authorization.  Such 
authorization may be obtained through the submission of a SUP with a map illustrating the 
location of the overnight use.     
a) The Concessionaire shall assist in arranging security for vendors and their vehicles that 
remain on the Complex overnight.  The County assumes no liability for any vendor 
vehicles, equipment or merchandise located on the Complex.   
b) The Park volunteers or staff shall not be assigned the additional responsibility for the 
security of vendor vehicles, equipment, or merchandise.

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c) The Concessionaire may charge a fee for overnight recreational vehicle parking; all fees 
charged will be reported on the Monthly Income Statement as “other revenue” (See Exhibit 
8 - Accounting and Fees).   
d) All overnight recreational vehicle parking shall be self-contained.  
6) Additional recreational vehicle parking beyond the Complex boundaries may be coordinated 
with the Contract Administrator and/or Park Supervisor, of which the occupants will pay the 
County the published primitive overnight parking/camping fee. 
7) SUP’s may be modified within the reasonable notification to the Contract Administrator (e.g., 
weather caused delay would require immediate notification; event cancelation would require a 
minimum of thirty (30) calendar day notification). 
8) There is always a possibility that any SUP may be canceled by County and/or District due to a 
public safety concern. 
B. Special Event Vendors.  The Concessionaire may invite outside vendors to support Special Events 
through the sale of vendor products.  
1) The Concessionaire assumes all liability for outside vendors and is responsible for obtaining all 
required licenses, permits, liability,  and shall pay all appropriate taxes as well as to conduct all 
appropriate income reporting.  
2) The County and the District shall be listed as additionally insured on each Certificate of 
Insurance required per Agreement Section 10 Indemnification and Insurance.  
3) The County is not liable for the failure of vendors to comply with these obligations; however, 
it is the responsibility of Concessionaire to ensure the outside vendors are aware of these 
requirements and the County reserves the right to remove from the Complex any vendor who 
is not in compliance with these requirements or vendors with products or merchandise deemed 
inappropriate.

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Exhibit 3 – Development of the Complex 
 
Exhibit 3 – Development of the Complex, as stated herein, sets forth the guidelines for the planning, design, 
permitting, and construction of the Complex.  This Exhibit will be reviewed annually, no later than December 31 
of each year, as part of the AMP pursuant to the terms of the Agreement. 
 
1. 
Planning. 
A. The Complex shall be developed with the improvements and activities set forth in Exhibit 2 - 
Complex Activities and Parameters. 
B. The Concessionaire shall provide conceptual site plans to identify specific Complex Elements, as 
defined below, and infrastructure requirements for each proposed phase of development as set forth 
in the Phasing Schedule in Section 4(F) of this Agreement to MCPRD and to the District (through 
District’s portal).  As defined, Complex Elements are those proposed elements identified in the ITN 
Response that are supported by the County at the time of the execution of this Agreement, and any 
other facilities that may be agreed upon from time-to-time between Concessionaire, County, and 
District.  
1) Conceptual site plans should be sufficiently detailed and include information on land use and 
construction (i.e., locations of public/non-public access, tracks, buildings, fences.); and  
2) If applicable, identify and provide to MCPRD and District studies that outline the infrastructure 
needs for the Complex.   The studies shall include an analysis of infrastructure capacity and 
identification of all permitting and agreements needed to provide the required infrastructure. 
C. Within sixty (60) days prior to the onset of each Contract Year set forth in the Phasing Schedule in 
Section 4(F) of this Agreement, the Concessionaire shall submit a detailed timeline of the 
Concessionaire’s proposed milestones for the upcoming Contract Year for MCPRD and District 
review and approval.  In addition to the timeline submittal:  
1) Concessionaire shall meet with representatives of MCPRD and the District, upon notice from 
MCPRD and/or District, but in no event on less than a semi-annual basis, to discuss the 
Concessionaire’s progress in achieving the Contract Year goals. Nothing contained herein shall 
be construed as prohibiting any meeting from occurring via telephone or another electronic 
forum, upon mutual agreement of the Parties, unless the circumstances necessitate in person 
meeting(s). 
2) Not fewer than five (5) business days prior to each such meeting, Concessionaire shall provide 
written reports to MCPRD and District that provide a progress update on each of 
Concessionaire’s responsibilities and identify compliance with the approved timeline.   
D. In the event Concessionaire does not make satisfactory progress, in the County’s sole discretion, to 
meet the mutually agreed-upon annual milestones set forth for each Contract Year, it shall be 
considered a default of this Agreement.  
2. 
Development. 
A. The Concessionaire shall, at its sole cost and expense, shall pay all costs associated with the 
Complex design, plan preparation, development, and obtaining all permits from applicable 
jurisdictions and all associated costs and fees thereof.  
B. The Concessionaire shall design and develop the Complex, at its sole cost and expense, with the 
improvements set forth in Exhibit 2 - Complex Activities and Parameters.  
C. The Concessionaire shall work to procure commodities, services, and facilities that protect and 
enhance the overall environment in a diligent, professional, and credible manner within reasonable 
fiscal constraints.  Practices should include sustainable design features, water conservation 
practices, and recycling programs where applicable. 
D. Development or improvements may require the completion of the National Environmental Policy 
Act (“NEPA”) reviews, cultural resource compliance, or other permits before any improvements or 
construction activities commence.  The Concessionaire must plan its activities and provide MCPRD, 
District, and relevant permitting agencies sufficient time to review all drawings and proposals, 
prepare NEPA documentation, as well as prepare and review other documentation as required. Refer 
to Exhibit 4 - Resource Management for additional compliance parameters. 
E. The Concessionaire understands that the Complex is located within an impoundment area and is 
subject to flooding.  All proposed development and improvements must adhere to the Adobe Dam 
Impoundment Area Guidelines (“Guidelines”) as indicated in Exhibit 3 Development of the 
Complex - Appendix One Flood Impoundment Area Guideline and Restrictions. 
F. Concessionaire shall participate, as deemed appropriate by MCPRD, in any effort to amend the Park 
Master Plan, including, without limitation, participation in public outreach, or public meetings.

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G. The Concessionaire agrees to schedule and conducts any improvements or construction activity on 
the Complex in a manner that minimizes hazards and inconvenience to the public. 
H. Proposed construction materials stockpiling and/or equipment staging areas are subject to the prior 
approval of the MCPRD and District.  A plan that, at a minimum, specifies the quantity, type, and 
location of the materials/equipment to be stockpiled/stored/staged, the proposed safety and security 
for the staging area(s), and a stormwater protection plan, shall be submitted for approval to MCPRD 
and District a minimum of sixty (60) calendar days in advance of the proposed activity.  Stockpiling 
of material on the streets or in the public right-of-way is not allowed at any time. 
3. 
Plan Approval.  All development and improvement plans for new construction or improvements shall be 
submitted, in writing, to MCPRD and to the District (through the District’s portal) for its prior review 
and written approval at the conceptual level, thirty percent (30%), sixty percent (60%) and ninety percent 
(90%) stages and final stamped sets as required by the respective permitting agency.  Final stamped sets 
will include the budget, construction schedule, and anticipated dollar expenditures.  Any deviation from 
the final plans must be approved in writing by MCPRD and/or District.  The Concessionaire may 
commence construction upon MCPRD’s written notice to proceed after MCPRD and District have 
received approved plans and specifications, and the Concessionaire has secured the necessary permits, 
licenses, and all other approvals required for the construction of the Complex. 
4. 
Infrastructure.  Required infrastructure improvements, which include, but are not limited to, the 
following, shall be developed as necessary to serve the development and/or accommodate traffic to and 
from the Complex:    
A. Roads.  
The County-maintained existing road(s) within the Park are shown in black on Exhibit 
1 – Complex Conceptual Site Plan attached hereto and made a part hereof.   
B. Water.  
1) County and District expressly disclaim all warranties, whether expressed or implied, and make 
no representations concerning the availability, quality, or sufficiency of any type of water for 
present or future use.   
2) Potable water is currently provided by the City of Phoenix.   
3) The Concessionaire, at its sole cost and expense, shall pay for all costs associated with potable 
water and the delivery of potable water to and within the Complex. 
C. Waste Water System.   
1) Wastewater will need to be disposed of through a septic system or use of chemical toilets 
depending upon the planning and permitting restrictions. 
2) Concessionaire shall be responsible for all costs for wastewater disposal, to include all costs 
associated with the design, permitting, construction, purchase, and maintenance of the 
system(s) to be used in support of disposal of wastewater for Concessionaire’s Complex, unless 
otherwise stated in this Agreement.  Regulated substances may not be disposed of in sewer or 
septic systems (See Exhibit 4 - Resource Management).     
D. Electrical. 
1) Concessionaire shall be responsible for providing, maintaining, and paying the fees for the 
delivery and use of electricity to and within the Complex to include all meters at no cost to 
County unless otherwise stated in this Agreement.   
2) Transferring the account or establishing a new account for the electrical service at the existing 
facility is also the responsibility of the Concessionaire.   
E. Easements. The County and District reserve the right to establish or modify access or utility 
easements through the Complex:  
1) If the proposed new or modified easement is solely for the benefit of County and/or District, 
then the costs of design, permitting, construction, and maintenance of the easement and 
improvements located therein will be the responsibility of County and/or District.  Reasonable 
notice will be provided to the Concessionaire of the location of the proposed easement(s) and 
improvements.  Construction will be coordinated with Concessionaire.     
2) If Concessionaire requests relocation of any existing utilities or new utility installation and/or 
new or modified access, Concessionaire shall submit the proposed location(s) of the 
easement(s) and improvement(s) to MCPRD and District for MCPRD’s and District’s review 
and approval prior to submission to the appropriate planning and permitting authorities.  The 
Concessionaire shall be responsible for all costs associated with the aforementioned 
relocation/installation of utilities and/or access to include all fees, permits, and construction.  
4. 
Impediments to Development.  The Parties recognize that the Concessionaire has not had the benefit of 
a contingency period under this Agreement which would enable it to confirm: (i) the ability to obtain all 
permits required to complete the improvements contemplated by this Agreement and this Exhibit 3 – 
Development of the Complex; (ii) that there are no obstacles to development such as unfavorable soil

Phoenix Kart Racing Association 
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conditions, soil contamination, access limitations, and similar matters; and (iii) that there are no other 
unanticipated impediments to development such as neighborhood opposition or political opposition to 
any aspect of the proposed projects to be undertaken in the Complex, therefore, the Parties agree that the 
development of the Complex may be limited and that the elements and features of the Complex are 
subject to reasonable change by the Concessionaire to accommodate directives from regulatory agencies, 
changes in the marketplace, changes in federal or state statutes or policy, changes dictated by planning 
and permitting guidelines or restrictions, changes dictated by opposition to any proposed development, 
the inability to obtain utility services or materials to operate any proposed element of the Complex; and 
the need to remodel and renovate features.  If any of the aforementioned items impede the proposed 
development set forth in the ITN Response and the Agreement, Concessionaire shall promptly notify 
MCPRD of the impediment and coordinate in good faith with MCPRD to address a possible solution 
which may include an amendment to this Agreement.  The County will, in its sole discretion, make the 
decision(s) pertaining to whether development may deviate from the ITN Response and Agreement, and 
such decision(s) cannot be appealed. 
5. 
As-Built Plans.  As defined, As-Built Plans shall be a final drawing produced at the completion of the 
Complex. 
A. As-Built Plans will be submitted to the permitting agencies upon completion of construction of the 
Complex or any future improvements. 
B. One (1) electronic copy of As-Built Plans and specifications shall be furnished to MCPRD and the 
District within sixty (60) calendar days of completion of construction of the Complex or future 
improvements.  The Concessionaire will be responsible for the costs incurred for additional plans 
as may be required.

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Exhibit 3 Development of the Complex - Appendix One 
Flood Impoundment Area Guideline and Restrictions

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Exhibit 4 - Resource Management 
 
Exhibit 4 - Resource Management, as stated herein, provides the resource management and environmental 
compliance parameters.  This Exhibit will be reviewed annually, no later than December 31 of each year, as part 
of the AMP pursuant to the terms of the Agreement.   
 
The Concessionaire is responsible for ensuring that adequate resource management and environmental practices 
are adhered to as set forth herein.  The Concessionaire agrees to comply with all environmental laws and 
regulations and to take such other actions as may be reasonably required to protect against environmental 
liabilities.   
 
1. 
Environmental Compliance. 
A. Environmental Review.  The Concessionaire, at the Concessionaire’s sole expense, shall be 
responsible for the completion of all applicable environmental studies or assessments, and obtaining 
all applicable permits, licenses as well as conducting any type of environmental mitigation that may 
be required within the Complex.    For reference, the Environmental Assessments for the Park are 
listed on Exhibit 4 Resource Management – Appendix One. 
B. Air Quality.  The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for 
obtaining all air quality permits, and/or licenses to ensure compliance with the Maricopa County air 
and dust control, water and waste control regulations, as well as any other applicable federal, state 
and local statutes, regulations and ordinances as they pertain to environmental protection. 
C. Hazardous and Regulated Materials. 
1) For the purposes of this Agreement, the term “regulated substances” shall include substances 
defined as “regulated substances,” “hazardous waste,” “hazardous substances,” “hazardous 
materials,” “toxic substances” or “pesticides” in the Resource Conservation and Recovery Act, 
as amended by the Hazardous and Solid Waste Amendments of 1984, the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended in 1986 to include 
Superfund Amendments and Reauthorization Act, the Hazardous Materials Transportation Act, 
the Toxic Substance Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the 
relevant local and state environmental laws, and the regulations, rules, and ordinances adopted 
and publications promulgated pursuant to the local, state and federal laws. 
2) Management and proper disposal of all hazardous material is the responsibility of the 
Concessionaire.  Any such hazardous substances must be disposed of pursuant to and in 
compliance with all required laws and regulations concerning the use and disposal of such 
regulated materials.  The Concessionaire must keep appropriate and required documentation 
relating to the management and disposal of all regulated materials. 
3) If the Concessionaire’s activities result in a release of any regulated substances or any adverse 
environmental impacts, the Concessionaire shall be solely responsible for any and all resulting 
site assessment(s), studies, remediation and clean-up costs required to restore the property to as 
close to its original condition as possible. 
D) Regulated Use. 
1) The Concessionaire will provide to County upon the start of any construction activities, and 
within ninety (90) calendar days of the Opening Date, a complete list identifying all regulated 
substances including, but not limited to, hazardous material or petroleum products to be stored 
at the Complex.  Changes from the initial list shall be provided by the Concessionaire to the 
County, in writing, as they occur.  The Concessionaire shall keep safety data sheets on site for 
all regulated substances as required by law. 
2) The Concessionaire shall prepare and implement any necessary remediation action plan in 
accordance with all applicable federal, state, county, and city statutes, laws, ordinances, rules, 
and regulations in the event Concessionaire causes any contamination of the Complex or the 
Park. 
3) The Concessionaire shall provide, within twenty-four (24) hours of its knowledge, verbal 
notification to the County, in accordance with Section 15 of this Agreement, information on 
any event or occurrence at the Complex which may or does result in pollution or contamination 
affecting lands, water or facilities owned or managed by the County or adjacent properties. 
2. 
Pest / Weed Control and Animal Salvage. 
A. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for managing vermin 
and other pests, including weeds, on all lands and facilities within the Complex.  In the event of 
visible evidence of pest(s) infestation, Concessionaire will restore the area to as close to its original 
condition as possible.  Thirty (30) calendar days after the Effective Date of this Agreement, the

Phoenix Kart Racing Association 
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Concessionaire shall develop and submit for MCPRD and District approval, an integrated Pest 
Management Plan, defined as a plan that details a safe and environmentally sensitive control or 
eradication of potential pests at the Complex.  At a minimum, the Pest Management Plan needs to 
include the product name, Material Safety Data Sheet, (MSDS) and applied solution ratio.  The Pest 
Management Plan will be evaluated annually by MCPRD.   
B. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for complying with 
all training (federal, state, county, and local), operational, and licensing requirements pertinent to 
and required for the application of pesticides in Arizona.  The applicator shall hold all necessary 
licenses and registrations required for the lawful application of pesticides, herbicide, fungicide, 
fertilizer, and similar chemicals/substances.  The Concessionaire shall keep safety data sheets on 
site for those materials and products set forth above as required by law. 
C. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for securing all 
permits and plans for the protection and/or relocation of endangered, threatened, or protected species 
of wildlife in any area(s) of land disturbance (including potholing associated with construction or 
operation of the Complex) per State/Federal guidelines.  Two resources that may assist 
Concessionaire with their research to determine required permits are i) Environmental Review from 
Arizona Game and Fish https://azhgis2.esri.com/ and ii) the US Fish & Wildlife Services 
http://ecos.sws.gov/ipac/. 
3. 
Historic and Archeological Resources.  The County has no knowledge of the presence of any artifacts, 
antiquities, human remains, or other items of archeological, scientific, or cultural interest, which would 
impede the development of the Complex.  However, the Concessionaire shall take all reasonable and 
necessary precautions to protect and preserve any and all antiquities or other objects of archeological, 
paleontological, cultural, historical, or scientific interest that it finds on County lands within the 
Complex.  These objects include, but are not limited to, historic or prehistoric ruins, human remains, 
funerary objects, and other artifacts.  Should such sites or objects, or evidence of sites or objects, be 
discovered, the Concessionaire shall: 
A. Immediately suspend all work involving the area in question, make a reasonable effort to protect 
and stabilize such discovery and provide a verbal notification to MCPRD’s Contract Administrator, 
in accordance with Section 15 of this Agreement, of the existence of such discovery. 
B. Forward a written report of their findings to MCPRD’s Contract Administrator in accordance with 
Section 15 of this Agreement, and not resume work until written authorized to proceed is issued by 
the County. 
C. At its sole cost and expense, have the area inspected to determine its historical significance and 
required next action (e.g., salvage, test excavations, and resumption of construction).  If the property 
has been determined to be a site of archeological significance, the removal of the artifacts will be 
the responsibility of the County.  All objects salvaged from public lands are the property of the 
United States Government and will be turned over to County for disposition.

Phoenix Kart Racing Association 
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Exhibit 4 Resource Management Appendix One 
Environment Assessments for the Adobe Mountain Dam Recreation Area

Phoenix Kart Racing Association 
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Phoenix Kart Racing Association 
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Exhibit 5 – Preventative Maintenance and Capital Improvements 
 
Exhibit 5 – Preventative Maintenance and Capital Improvements, as stated herein, provides the preventative 
maintenance and capital improvement parameters for the Complex.  This Exhibit will be reviewed annually, no 
later than December 31 of each year, as part of the AMP pursuant to the terms of the Agreement.  
 
The Concessionaire shall perform Complex preventative maintenance and capital improvements as stated in the 
Agreement and as identified in Exhibit - 5 Preventative Maintenance and Capital Improvements Appendix 
One, attached hereto and made a part hereof, diligently and professionally satisfactory to the County in 
compliance with all applicable statutes, laws, ordinances, rules, and regulations.   
 
1. 
Preventative Maintenance and Repairs.  Concessionaire shall be responsible for the preventative 
maintenance and repairs of all infrastructures, roadways, structures, wet utilities, dry utilities, equipment, 
and facilities/amenities within, or associated with/within the Complex.  By definition, “Preventative 
Maintenance” means those activities that are completed to maintain an area, facility or piece of 
equipment in a safe, properly functioning condition that complies with commercial operating standards 
for that specific amenity and/or equipment as applicable.  Preventative Maintenance, as used in this 
Section, does not refer to those activities defined below in Section 2.   
A. The Concessionaire is responsible for all Preventative Maintenance costs and can expend from the 
Maintenance Account designated for maintenance and repair of existing facilities, structures, and 
other improvements as defined in Exhibit 8 - Accounting and Fees. 
B. The Concessionaire, within thirty (30) calendar days of the Effective Date of the Agreement, shall 
develop and submit to MCPRD a Preventative Maintenance Plan (“PMP”) incorporating the 
Concessionaire’s PMP responsibilities, as referenced in Section 1 above, pertaining to the Complex.   
2. 
Capital Improvements Projects.  Capital Improvement Projects (“CIP”) are defined as new construction 
or major repair and/or replacement of building components, which substantially extend the useful life of 
the existing facilities. Concessionaire shall be responsible for all Capital Improvement costs and shall 
maintain the Complex in a commercially reasonable manner to prevent disrepair within, or associated 
with, the Complex.   
A. Beginning with Contract Year two (2) and within ninety (90) calendar days after the end of each 
Contract Year thereafter, the Concessionaire shall provide to the County, for its review, an Annual 
Capital Improvement Project Plan (“ACIPP”) for the ensuing year.  The ACIPP shall include a 
budget that details any planned expenditures from the CIP Fund, as defined in Exhibit 8 – 
Accounting and Fees.   
B. In the event the County and the Concessionaire disagree on the proposed CIP expenditures for any 
Contract Year, then the determination of Concessionaire shall control so long as it is consistent with 
the provisions of this Section 2.

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Exhibit 6 - Marketing and Media 
 
Exhibit 6 - Marketing and Media, as stated herein, provides the marketing and media parameters for the 
Complex.  This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP 
pursuant to the terms of the Agreement.   
 
The Concessionaire is responsible for ensuring that all Complex media, advertising materials, and marketing is 
family oriented and is reviewed and/or approved by MCPRD, as noted herein. 
 
1. 
Press Releases and Media Distribution.  The Concessionaire will provide the Contract Administrator, 
via email, a courtesy copy of all media releases. 
2. 
Marketing & Advertising. 
A. Advertisements, signs, circulars, brochures, letterheads, and other media or materials shall not 
misrepresent in any way the accommodations or services provided.  
B. All printed advertising shall include a statement to the effect that the Complex is being operated as 
“A Concessionaire of Maricopa County at Adobe Dam Regional Park.”   
C. The Concessionaire is authorized to accept family-oriented advertising from other Park 
concessionaires and vendors not located (Outside Vendors) at the Park that desire to advertise their 
respective business to visitors of the Complex.   
D. The Concessionaire is authorized to assess a fee for advertising requested by Outside Vendors (See 
Exhibit 8 - Accounting and Fees).   
3. 
Signage. Concessionaire, at its sole cost and expense, may provide signs or other advertising to be posted 
on County land outside the Complex, subject to County and District approval, and any other applicable 
administrative agency approvals and permits as to location, design, size, color, and content, prior to 
construction or use thereof.

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Exhibit 7 - Administrative Functions 
 
Exhibit 7 - Administrative Functions, as stated herein, provides the procedures for the daily administration of 
the Complex.  This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP 
pursuant to the terms of the Agreement.   
 
The Concessionaire shall provide administrative functions as stated herein and in the Agreement in a diligent, 
professional, and credible manner satisfactory to the County in compliance with all applicable statutes, laws, 
ordinances, rules, and regulations.   
 
1. 
The Concessionaire shall pay, at its sole cost and expense, for all costs associated with employment and 
management of all of Concessionaire’s personnel, including volunteers, for the operation of the 
Complex.  The Concessionaire is fully responsible for the proper supervision of all its employees, 
volunteers, contractors, subcontractors, vendors, and all patrons using the Complex. 
2. 
Schedules. 
A. Operating Schedule.  Within sixty (60) calendar days of the Effective Date and by January 2nd of 
each calendar year thereafter, the Concessionaire shall submit to MCPRD for review and comment, 
and as part of the AMP, an annual operating schedule showing the intended hours and days of 
operation. The Concessionaire may modify the annual operating schedule, based on their prudent 
business judgment; however, Concessionaire shall provide MCPRD notice, in writing, of such 
changes thirty (30) calendar days prior to becoming effective or as soon as reasonably practicable.  
Hours of operation may be adjusted by Concessionaire or County; however, no event will begin 
before 6:00 a.m. or proceed past posted Park closing hours without written authorization from 
MCPRD. 
B. Rate Schedules.  Within sixty (60) calendar days of the Opening Date and by January 2nd of each 
calendar year thereafter, the Concessionaire will submit to MCPRD, for review and comment and 
as part of the AMP, a general price list for goods and services that will be charged to the public. 
Concessionaire may modify the rates and prices based on their prudent business judgment.  
However, the Concessionaire shall provide MCPRD notice, in writing, of such change within thirty 
(30) calendar days prior to becoming effective or as soon as reasonably practicable.  The 
Concessionaire will post, and at all times keep on public display, the prices, rates, and charges for 
all goods and services, as well as the acceptable forms of payment. 
3. 
Complex Annual Evaluation.  An annual evaluation (see Exhibit 7 – Administrative Functions 
Appendix One Complex Annual Visual Evaluation Template, attached hereto and made a part 
hereof) by MCPRD’s Contract Administrator in cooperation with appropriate County and District staff, 
will be made of the quality of operation and maintenance of the Concessionaire’s operation within the 
Complex and compliance with all terms of this Agreement to determine if there are areas of deficiency 
to be addressed and corrected.  
A. As an integral part of the evaluation process, and as a demonstration of the Concessionaire’s 
commitment to public safety and its long term investment and interests, the Concessionaire shall 
obtain annual inspections, done by a third-party inspector, of the Complex (e.g. building structures, 
roofing, foundations, electrical and fire systems) and shall provide MCPRD a copy of said 
inspections, at no cost to the County. 
B. The Concessionaire shall fully cooperate with County in this evaluation process, and any deficiency 
determination shall be at the sole discretion of the County.  County will afford Concessionaire thirty 
(30) calendar days to respond to such evaluation and provide a timeline, not to exceed ninety (90) 
calendar days from the date of the evaluation, or more upon mutual agreement of the Parties to 
correct any deficiencies that are required to be made to comply with this Agreement.  Failure to 
correct deficiencies identified by County shall be considered an event of default that is curable in 
accordance with the provisions set forth in Section 7(A)(2) of this Agreement.   
C. The County shall administer this Agreement diligently and professionally.  The Concessionaire may 
also evaluate County, on an annual basis, as to compliance with all terms of this Agreement to 
determine if there are areas of deficiency to be addressed and corrected.  The County shall fully 
cooperate with the Concessionaire in this evaluation process.

Phoenix Kart Racing Association 
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Exhibit 7 - Administrative Functions 
Appendix One – Complex Annual Visual Evaluation  
Please refer to Complex Annual Third Party Inspection for Specific Conditions of the Complex 
Template 
 
Name of Complex: 
PKRA  
Location:  
 
 
Adobe Dam Regional Park 
Date of Evaluation:  
 
 
 
 
 
 
Name of Concessionaire Representative:  _________________________ 
 
 
 
 
 
 
 
 
 
 
MCPRD Representative                         Date 
 
County Representative            
 Date 
 
 
 
 
 
 
 
PKRA Representative                             Date 
         
District Representative  
          Date 
Description
Acceptable
Needs 
Attention Comments
A.
Buildings and Public Area Conditions:
1
Roadway / Entrance
2
Main buildings and concessions
3
Restrooms / Portable Restrooms
4
Bleachers
5
Public parking areas
6
Weed /Rodent Control
7
Litter and trash control
8
Signage
9
Other:
B.
Complex Specific:
1
Appearance/maintenance of tracks
2
Complex lighting
3
Fencing/barriers
4
 Bleachers
5
Fire extinguishers readily available
6
Floatable items contained
7
Other:
C.      Maintenance and Repair Facility Observations
1
Dust control measures evident and effective:
2
Debris stockpiles / containment thereof
3
Equipment Buildings / Storage Areas conditions:
4
Storm prevention
5
SDS “Right-To-Know” Station in Place; SDS sheets posted
6
Manifests kept and logged on all contained/disposed of 
petroleum-based products, tires, or batteries
7
Regulated substances containment / Hazmat placards / Spill 
Prevention Plan
8
Other:
D.
Customer Service
1
Examples of customer comments about service, pricing, 
policies, and quality 
2
Example of a complaint that was received and how it was 
resolved
F.
Compliance:
1
Is the Concessionaire compliant with A.R.S. §41-4401
2
Annual Operating Permits and Licenses (food, liquor, etc) 
copies provided
3
Annual third-party inspections (building, roofing, foundations, 
electrical & fire) copies provided

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Exhibit 8 – Accounting and Fees 
 
Exhibit 8 - Accounting and Fees, as stated herein, provides administrative procedures for payments of annual 
and minimum fees, payment of utilities, as well as provides procedures for the establishment of a Maintenance 
Account Fund (defined below in Section 4) and a Capital Improvement Fund (defined below in Section 5) for 
the Complex.  This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP 
pursuant to the terms of the Agreement.   
 
The Concessionaire shall maintain an accounting system and pay all fees as stated herein and in the Agreement 
in a timely manner and in compliance with all applicable statutes, laws, ordinances, rules, and regulations.   
1. 
Complex Use Fees.  By definition, Complex Use Fees are fees paid by the Concessionaire to County for 
the use of the Complex.  The Concessionaire is responsible for the management and collection of all 
Complex Use Fees. 
2. 
GAAP.  The Concessionaire will maintain an accounting system which conforms to the Generally 
Accepted Accounting Principles (“GAAP”) and which accurately reflects an accounting of the 
Concessionaire’s entire operation of the Complex.  These financial records will be retained for a seven 
for a (7) year period from each current Contract Year.  These financial records will also be made available 
for an annual inspection or audit by County, federal, or state government, their agents, or employees.  
A. Annual Financial Report.  Within ninety (90) calendar days of the end of each calendar year, the 
Concessionaire, at its own expense, will prepare and submit to County an Annual Financial Report 
(“AFR”) stating the income and expenses, including a balance sheet, of the entire operation within 
the Complex for the calendar year just completed.  The AFR shall be audited by a Certified Public 
Accountant prior to submittal.  The AFR shall include a statement that the amounts shown in the 
financial report are consistent with those included by the Concessionaire’s federal and state income 
tax returns relating to the Concessionaire’s operation of the Complex.  If these are not the same, a 
statement explaining any differences shall be included.  If the Concessionaire’s books, records, and 
other documents relevant to this Agreement are not sufficient to support and document fiscal 
activity, the Concessionaire will, within twenty (20) calendar days of the auditor’s report, make 
payment to the County for any amounts not adequately supported and documented.  
B. Audit.  The County has the right to audit payment records (payment records are defined as monthly 
revenue reports, AFR, and any other payments made to the County during the respective Contract 
Year) for timeliness and accuracy.  Any fees determined to be due County will be invoiced to the 
Concessionaire with payment due within twenty (20) calendar days of invoice.  Overpayment to 
County will be credited to the Concessionaire during the next billing period or fee payment period 
with an invoice acknowledging overpayment.  
3. 
Fees and Statements. 
A. Minimum Fee.  During the Term and Renewal Term of this Agreement, the Concessionaire will pay 
the County a Minimum Fee due to the 15th of the month following the Effective Date representing 
Contract Year one (1) and on January 1st of each subsequent Contract Year, in accordance with the 
Fee Payment Schedule (see Agreement Section 5(C)).  In the alternative, for the subsequent 
Contract Years, the Minimum Fee may be paid in twelve (12) monthly installments with a due date 
on the 15th of each current month (e.g., June Minimum Fee due date is June 15). The County shall 
invoice for the Minimum Fee.   
B. Monthly Income and Attendance Statement.  A sample monthly Income and Attendance statement 
are attached as Exhibit 8 – Accounting and Fees Appendix One Monthly Income and 
Attendance Statement (Income and Attendance Statement). The Concessionaire shall prepare the 
Income and Attendance Statement and email it to MCPRD within fifteen (15) calendar days from 
month end as directed in Section 3(E) below, e.g., June 30th month-end; the due date is July 15th.   
1) Gross Revenue.  Includes, but is not limited to, the following: 
a. 
Complex revenues, admission fees, race entry fees, vendor fees, and Special Events (as 
defined in Exhibit 2 – Complex Activities and Parameters).  
b. Rental fees from any other type of rental amenity (i.e., karts, safety equipment, storage 
containers). 
c. 
Membership fees and/or dues. 
d. Fees collected for services not listed above, e.g., internet/WiFi services. 
e. 
Sub-tenant, independent contractors, and sub-concessions gross revenue sales shall be 
included as part of Concessionaire’s gross revenue. 
f. 
Merchandise, equipment, food, and beverage concession sales.

Phoenix Kart Racing Association 
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g. Fees charged for programs, lessons and instructions provided by Concessionaire’s staff or 
monthly fee charged to sublicensees, or instructors functioning as independent contractors 
at the Complex. 
h. Promotional or advertising income received by or paid to Concessionaire in exchange for 
displays, promotions, advertising, or other business transacted at the Complex. 
2) Adjusted Gross Revenue Authorized Deductions: 
a. 
The amount of any tax imposed upon the Concessionaire or upon the customer, regardless 
of whether or not the amount of tax is stated to customers as a separate charge, or any state 
or local sales, transaction privilege or use taxes required by law to be included in or added 
to the purchase price and collected from the consumer or purchaser. 
b. The cost of holding Special Events that are in addition to regular operating costs.   
c. 
Sales from MCPRD merchandise available on consignment through the Concessionaire. 
d. Any part of the sales price of any goods previously sold and returned by the purchaser to 
the Concessionaire, which is refunded by the Concessionaire by way of cash or credit 
allowances.  
e. 
The value of any merchandise, supplies, or equipment exchanged or transferred from or to 
other business locations of the Concessionaire. 
f. 
Receipts in the form of refunds from, or the value of, merchandise, supplies, or equipment 
returned to shippers, suppliers, or manufacturers. 
g. Receipts from the sale or the trade-in of any furniture, trade fixtures, or equipment used on 
the Complex and owned by the Concessionaire. 
h. The amount of any cash or quantity discounts received from sellers, suppliers, or 
manufacturers. 
i. 
The amounts of any discounts given to the Concessionaire’s employees. 
j. 
The amount of Capital Improvement Project Fund set aside from the previous Contract 
Year (see Section 5 below). 
k. Credit card charges payable to credit card issuers. 
C. Other Fees. Invoices generated by the County for utilities or other fees are due no later than twenty 
(20) calendar days after the date of the invoice (“Due Date”).   
D. All reports, fees, and payments due County will be sent to: 
Reports:  
Email: emily.miller@maricopa.gov 
Fees/Payments, if by credit card:  
Phone 602-506-9500 
Reports/Fees/Payments, if mailed: 
Maricopa County Parks and Recreation Department 
 
 
 
 
c/o Finance Department 
 
 
 
 
41835 N. Castle Hot Springs Road 
 
 
 
Morristown, AZ 85342 
E. Late Payment Fee.  A late payment  fee of ten percent (10%) for every thirty (30) days after the 
invoice due date.  Late fees will be due not later than twenty (20) days after the date of the invoice 
from County.     
4. 
Maintenance Account.  The Concessionaire agrees to set up a maintenance account (“Maintenance 
Account”) with a minimum fund balance of five thousand dollars ($5,000.00), by the conclusion of the 
first Contract Year of operation.  The funds deposited into this account shall be used to maintain the 
Complex in a commercially reasonable manner and keep the Complex in good repair in accordance with 
the preventative maintenance plan (see Exhibit 5 –Preventative Maintenance and Capital 
Improvements).   
A. The Concessionaire will maintain control of the Maintenance Account; however, County retains the 
option to audit the Maintenance Account deposits and expenditures.  The County will review the 
Maintenance Account annually, no later than December 31 of each year, as part of the AMP pursuant 
to the terms of the Agreement.   
B. The Concessionaire will continue to make deposits into the Maintenance Account annually for each 
Contract Year after the conclusion of the first Contract Year of operation as appropriate to maintain 
an annual minimum balance of five thousand dollars ($5,000.00) .   
C. The funds in the Maintenance Account shall be transferred to the County in the event that the 
Concessionaire defaults and/or terminates this Agreement early without a replacement operator. 
5. 
Capital Improvement Project Fund (CIPF).  Concessionaire agrees to set up a CIPF for capital 
improvements and/or major maintenance and repair of existing facilities, structures, and other 
improvements to substantially extend the useful life of the Complex. (See Exhibit 5 - Preventative 
Maintenance and Capital Improvements). 
A. Beginning ninety (90) calendar days after conclusion of first Contract Year of operation, the 
Concessionaire shall deposit annually two and one-half percent (2.5%) of the annual operating costs

Phoenix Kart Racing Association 
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of the prior Contract Year into the CIPF for each upcoming calendar year for each track facility.  
The CIPF shall not fall below five thousand dollars ($5,000.00) in any calendar year. 
B. The Concessionaire may direct the investment of the CIPF until needed for CIPs.     
C. The funds in the CIPF shall be transferred to the County in the event that the Concessionaire defaults 
or upon the termination of this Agreement.

Phoenix Kart Racing Association 
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Exhibit 8 – Accounting and Fees 
Appendix One – Sample Monthly Income and Attendance Statement 
 
 
 
 
Description
Amount
Description
Amount
Pit Admission Fees
Pit Admission
Participant Racing Fees
Participant Racing
Membership Fees/Dues
Members
Spectator Admission Fees
Spectactors
Sponsorship Fees
Volunteers
Rentals:
   Karts
Total Attendance:
   Gear/Equipment
   Track
   Pit
   Storage
Special Events
Food and Beverage
Merchandise
Advertizing/Promotional
Contributions
Services (i.e., WiFi, lessons)
Sub-Concessions/Sub-Tenant
Other
Sub-Total Gross Revenue:
Description
Amount
Cost of holding Special Events
Trophies/Prize Money
Food and Beverage - Cost of Sale
Merchandise - Cost of Sale
Taxes
Refunds
CIP fund set aside from previous 
year - allocated monthly
Other:
Sub-Total Authorized Deductions:
Total Adjusted Gross Revenue
INCOME AND ATTENDANCE STATEMENT
Phoenix Kart Racing Association
Gross Revenue
Attendance
Authorized Deductions

Phoenix Kart Racing Association 
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Exhibit 9 - Safety 
 
Exhibit 9 - Safety, as stated herein, provides the safety parameters for the Complex.  This Exhibit will be 
reviewed annually, no later than December 31 of each year, as part of the AMP pursuant to the terms of the 
Agreement.   
 
The Concessionaire is responsible for ensuring that adequate safety measures and personnel are on-site at all times 
during Complex operating hours.  All activities and events conducted by the Concessionaire will be conducted in 
conformance with all relevant industry standards and in compliance with all applicable federal, state, and local 
statutes, regulations, and ordinances relating to safety. 
 
1. 
Security.  The Concessionaire, at its sole cost and expense, shall provide security measures to protect the 
Complex, its employees and/or contractors, and the public.  
2. 
Safety Program. 
A. The Concessionaire shall develop and implement a written safety program thirty (30) calendar days 
prior to the scheduled Opening Date and provide a copy of the program to MCPRD. All activities 
and events conducted by the Concessionaire shall be conducted in conformance with all relevant 
industry standards for safety and in compliance with all applicable federal, state, local safety, 
occupational health regulations, statutes, laws, and ordinances. 
B. The safety program shall include a self-inspection of all equipment, facilities, and work processes 
by qualified concession personnel to verify compliance with established federal, state, county, and 
local safety and occupational health regulations.  Changes or amendments to the safety program will 
be submitted to MCPRD as they occur.  
3. 
Suspend Operations. The County will have the authority to immediately suspend any of the 
Concessionaire’s operations if it is determined that there is an imminent risk or threat to the public, 
employees, or Park staff.  Such suspension shall remain in effect until the risk or threat has been resolved 
to the reasonable satisfaction of the County.  Such suspension will be without liability to County for any 
Concessionaire losses, including, but not limited to, lost income, wages, or other compensation, which 
may be claimed by the Concessionaire.  
4. 
Reporting.  
A. The Concessionaire shall immediately report to the County any event which results in death, serious 
injury, or medical transport.  Reports shall be submitted to the Contractor Administrator, Park 
Supervisor, and the Regional Superintendent as per the MCPRD organizational flow chart set forth 
in Exhibit 10 MCPRD Organizational Chart. 
B. The Concessionaire shall annually provide the Contract Administrator copies of all insurance claims 
(to include but not limited to incident reports) within thirty (30) calendar days after the end of each 
calendar year.   
5. 
Park Access and Closure. 
A. The Concessionaire reserves the right to deny any person's use of portions of the Complex when it 
reasonably believes that such use poses a direct threat to the health or safety of others or the 
Complex. 
B. The Concessionaire may restrict public access within the Complex during hours of operation and 
non-operation for reasons of security or health and safety.   
C. The County also reserves the right to close any area of the Park, including the area in which the 
Complex is located, when deemed necessary for public safety and health purposes without any 
liability to County for any Concessionaire losses, including, but not limited to, lost income, wages 
or other compensation which may be claimed by the Concessionaire.  Prior to taking such action, 
MCPRD will attempt to coordinate said actions with the Concessionaire to minimize adverse impact 
to the Complex operation.   
D. The County may establish limits of visitation at any portion of the Complex, based on public health 
and safety, or any other reason deemed by the County to be in the public interest (defined below), 
in the judgment of the County, without any liability to County for any Concessionaire losses, 
including, but not limited to, lost income, wages or other compensation which may be claimed by 
the Concessionaire.  By definition, “public interest” means, among other things, any action taken 
by the County necessary to ensure public safety and health as well as safety of Park property, curb 
civil unrest, for fire prevention, for flood prevention/clean-up or for other natural events which could 
adversely impact the Park or users thereof.  Prior to taking such action, MCPRD will attempt to 
coordinate said actions with the Concessionaire to minimize adverse impact to the Complex 
operation.

Phoenix Kart Racing Association 
Page 42 of 46 
 
6. 
Emergency Evacuation Plan (“EEP”).  The purpose of an EEP is to provide emergency evacuation 
guidelines in the event emergency evacuations is necessary.  The Concessionaire shall, upon the 
Effective Date, provide the Contract Administrator with the name and phone numbers of a primary and 
secondary point-of-contact to be notified in the event of an evacuation.   
A. Each EEP requires the approval of County and District.  MCPRD will coordinate County and 
District approval of the EEP. 
B. The Concessionaire shall train all contractors, vendors, employees, and volunteers of the Complex 
regarding the details of the EEP within fourteen (14) calendar days of their first day of employment, 
volunteering, or working at the Complex. 
C. The Concessionaire shall update the point-of-contact list as changes occur and shall provide a copy 
of the list within seven (7) calendar days of contact change to the Contract Administrator. 
D. An amended EEP may be required for Special Event functions or Special Event SUP’s (see Exhibit 
2 – Complex Activities and Parameters).

Phoenix Kart Racing Association 
Page 43 of 46 
 
Exhibit 10 - MCPRD Organizational Chart 
(TBD) 
Organizational Flow Chart 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RJ Cardin, Director 
602-506-9500 
rjcardin@maricopa.gov  
Contract Administration 
Emily Miller 
Contract Administrator 
602-506-9511 
emily.miller@maricopa.gov 
 
Operations and Facility Management 
Jennifer Waller 
Operations Manager 
602-506-9500 
jenniferwaller@mail.maricopa.gov  
Teresa Retterbush 
Insert Eastside Regional Superintendent 
480-888-5353 
Teresa.Retterbush@maricopa.gov 
Adobe Mountain Regional Park 
Darci Kinsman 
Park Supervisor 
602-506-2930 ext. 8 
Darci.kinsman@maricopa.gov

Phoenix Kart Racing Association 
Page 44 of 46 
 
 
Exhibit 11 – Park Rules 
 
MARICOPA COUNTY PARKS AND RECREATION 
PARK RULES 
Adopted August 13, 2003 by the Maricopa County Board of Supervisors 
Revised January 13, 2016 by the Maricopa County Board of Supervisors 
 
R-101 DEFINITIONS  
The following definitions shall determine meanings for certain facilities, objects, entities or activities.  
1. “Abandoned Vehicle” means any vehicle, boat, trailer, or structure, which shows evidence of being left unattended for a period of 48 
hours unless displaying an official permit indicating a stay in excess of 48 hours.  
2. “Aircraft” means a structure or device for navigation of the air that is supported either by its own buoyancy or by the dynamic action of 
the air against its surface.  
3. “Camping” means erecting a tent or shelter or arranging bedding, or both, for the purpose of, or in such a way as will permit, overnight 
use; or parking a trailer camper or other vehicle for the purpose of remaining overnight.  
4. “Commission” means the Maricopa County Parks and Recreation Commission.  
5. “County” means Maricopa County.  
6. “Department” means the Maricopa County Parks and Recreation Department.  
7. “Loudspeaker or public address system” means a device to amplify or direct sound.  
8. “Maricopa County Park(s)” means any land or areas under the control of the Maricopa County Board of Supervisors which has been 
designated as a Park, Recreation Area or Conservation Area.  
9. “Roads” means the entire width between the boundary lines of every way when any part thereof is open, kept or maintained for use by the 
public for purposes of vehicular travel.  
10. “Special Use Permit” means commercial or non-commercial permits issued by the Department for activities outside a park’s activity 
design or which excludes the general public or for which there is monetary gain.  
11. “Swimming” means to propel one’s self in water by natural means; consequently aquatic activities including the full or partial use of 
inner tubes, air mattresses or personal support devices.  
12. “Designated Trail” means an authorized recreational trail designed, constructed, and maintained according to standards within the 
county manual; it is within Maricopa County Parks’ boundaries and has been included in the Maricopa County Park trail system inventory.  
 
R-102 SPECIAL USE PERMITS, FEES AND APPROVALS  
1. Special Use Permits shall be required for eligible non-profit, government or private, as well as commercial uses.  
2. For eligible non-profit uses, a Special Use Permit is required of any person or group for any activity outside each park’s activity design, 
or for the use of specific park areas that require the exclusion of general public usage.  
3. A Special Use Permit shall also be obtained in advance by any person or group wishing to use a Maricopa County Park for eligible 
commercial uses.  
4. Park Impact Fees for Special Use Permits shall be negotiated by the Department based on the expenses related to the administration of 
the activity, protection of the park and visitors, and in accordance with established fee schedules when applicable.  
5. The Department may require commercial applicants to enter into an agreement with the County for a negotiated percentage of gross 
receipts not to exceed twenty (20) percent.  
6. The Department may require the permittee to post a deposit against damage and clean-up expense, provide a certificate of insurance 
naming the department as additionally insured, and/or provide for adequate medical, sanitary and security services.  
7. A performance and payment bond may be required from any permitee who is providing a service that was solicited to provide any event 
or activity sponsored by the department.  
8. The Department may impose conditions on the conduct of any activity, which are necessary to protect the area and maintain its 
availability as a public park.  
9. A Special Use Permit is not required for any person operating under the provisions of a valid special use or commercial management 
concessions agreement with the department.  
10. Special Use Permit applications, which are compatible with the management objectives of the individual park, may be refused for health 
and safety reasons or to protect the park from significant damages. With respect to competing non-profit uses, the use of park space shall be 
granted on a first-come, first-served basis. With respect to competing commercial uses, informal Proposals shall be solicited and the Special 
Use Permit awarded to that concessionaire which offers to provide the County with the highest potential revenue and/or best recreational 
value to park patrons, provided the concessionaire does not have a poor performance history on any prior permits.  
11. All persons entering a park under a Special Use Permit are subject to all entrance and/or use fees, and all rules and regulations 
concerning park resource and facility use. The total amount of entrance fees owed by persons entering a park under a Special Use Permit, 
may be calculated in advance and paid in accordance with terms negotiated as part of the Special Use Permit.  
12. A decision by the Department concerning any Special Use Permit may be appealed to the Commission.  
13. Applications for Special Use Permits may be obtained from an authorized representative of the Department.  
 
R-103 VIOLATIONS AND PENALITIES  
1. Any person who violates any of these rules shall be guilty of a Class 2 misdemeanor.  
2. Any person who violates any of these rules may also be evicted for failure to comply.  
 
THE FOLLOWING ACTS ARE PROHIBITED IN MARICOPA COUNTY PARKS:  
R-104 ENTRY, USE, OCCUPANCY, FEES  
1. Entering, using, or occupying of a Maricopa County Park or its facilities, designated trails or waterways under the supervision and control 
of the Department for any purpose when said parks or areas are posted against such entrance, use, occupancy or where barriers exist.  
2. Entering upon or using for any purpose, the land, water or facilities within the boundaries of Maricopa County Parks when a fee, rental, 
admission or other consideration has been established for such land, water or facilities, unless the person entering or using such land, water 
or facility has paid said fee, rental, admission or other consideration.

Phoenix Kart Racing Association 
Page 45 of 46 
 
Exhibit 11 – Park Rules 
(Continued) 
 
R-105 ANIMALS AND PETS  
1. Riding, permitting or allowing livestock, saddle, pack, or draft animals except on designated trails or areas under special permit issued by 
the Department or by special provisions of a use management agreement.  
2. Possessing, allowing or permitting a dog and/or other pets in a Maricopa County Park, unless the same shall be under immediate control 
on a leash not exceeding 6 feet in length, except the leash requirement shall not apply to dogs while being used in hunting, or in field trials, 
or while being trained, when upon lands open to such uses and it does not interfere with other park activities.  
3. Possessing, allowing or permitting a dog in a Maricopa County Park without a current dog license.  
4. Allowing dogs or other pets, other than seeing-eye or hearing guide dogs, within the confines of public park buildings.  
5. Allowing dogs and/or other animals to create a nuisance, noise or disturbance in any area.  
6. Failure of owners of pets to properly remove and dispose of any waste.  
7. Scattering and/or depositing the ashes of any animal.  
 
R-106 DISCHARGE OF FIREARMS, HUNTING AND TRAPPING  
1. Except as provided by state law, discharging a firearm, shooting with bow and arrow, or setting traps except in locations provided for that 
purpose and as permitted by Arizona Game and Fish rules.  
 
R-107 MOTOR VEHICLES AND BICYCLES  
1. Operating any motorized vehicle except on roads and parking areas designated by the Department for such purpose.  
2. Abandoning any vehicle in any area of a Maricopa County Park. Vehicles violating this section may be towed at the owner’s expense.  
3. Parking a motor vehicle or trailer or other device towed by a motor vehicle in such a manner whereby roads, parking areas or other traffic 
ways or traffic are blocked or otherwise impeded. Vehicles violating this section may be towed at the owner’s expense if such violation 
constitutes blockage of any emergency lane or otherwise interferes with park operations.  
4. Operating a bicycle in a careless or reckless manner, or in disregard of the safety of any person or property.  
5. Utilizing bike ramps in non-designated areas.  
6. Operating, without permission from the County, any motorized skateboard, motorized scooter, moped or like device.  
 
R-108 WATERCRAFT AND SWIMMING  
1. Bringing into, or operating any watercraft upon any body of water, except at such places and in such manner as designated for such use or 
purpose by the Department.  
2. Storing or leaving any watercraft without first obtaining a permit issued by the Department or its authorized concessionaire.  
3. Swimming in areas posted against such use.  
4. Cliff jumping.  
 
R-109 VANDALISM  
1. Destroying, damaging, or removing any tree, shrub, wildflower, cactus, or any other vegetation, or any other vegetative product or by-
products without first obtaining a written permit from the Department.  
2. Destroying, damaging, defacing or removing any County property or property administered by the Department.  
 
R-110 LITTERING  
1. Depositing or abandoning garbage, sewage, refuse, trash, waste, or other obnoxious material, except in receptacles or containers provided 
for such purposes.  
2. Throwing or breaking any glass, plastic or ceramic object leaving shards or other fragments on park property.  
 
R-111 PUBLIC BEHAVIOR  
1. Conducting one’s self in a disorderly or intoxicated manner, or using threatening, abusive, or boisterous or insulting language, or 
conducting or participating in a disorderly assembly, or to solicit for any purpose.  
2. Engaging in noisy conduct, operating generators or motors, operating radios, or otherwise making loud or disturbing noises that may 
disturb the peace of the area between the hours of 10:00 p.m. and 6:00 a.m.  
3. Public urination or public defecation.  
4. Engaging in noisy conduct that disturbs the peace.  
 
R-112 CAMPING  
1. Camping without first obtaining a written permit issued by the Department  
2. Failure to obey all written or posted camping regulations.  
 
R-113 FIRES  
1. Building fires except in designated places.  
2. Building fires in any area posted against such use.  
3. Building wood or charcoal fires at any time posted against such activity (during fire ban).  
4. Use of gas or propane stove or grills when use is prohibited (during extreme fire ban).  
5. Abandoning any fire without completely extinguishing it.  
6. Allowing a fire to escape from control.  
 
R-114 PUBLIC OR COMMERCIAL ACTIVITES  
1. Conducting any activity or assembly outside the individual park’s activity design or requiring the use of park areas which exclude the use 
by the general public without first obtaining a Special Use Permit from the Department.  
2. Posting, placing, or distributing advertising material; erecting a fence or barrier (except under specific use management or lease 
agreements), constructing or occupying improvements; or enclosing County administered lands without first obtaining a Special Use Permit 
from the Department.

Phoenix Kart Racing Association 
Page 46 of 46 
 
Exhibit 11 – Park Rules 
(Continued) 
 
3. Using a loudspeaker, or public address system, or amplifier without first obtaining a Special Use Permit from the Department.  
4. Using County administered lands for a commercial purpose without first obtaining a Special Use Permit or use management or lease 
agreement from the Department.  
 
R-115 GLASS BOTTLES  
1. Possessing glass, ceramic or hard frangible plastic beverage bottles.  
 
R-116 AIRCRAFT AND ENGINE POWERED MODELS  
1. Operating any passenger carrying aircraft of any nature or parachute, including parasailing, except in areas designated for such use by the 
Department or in an emergency situation.  
2. Operating engine powered models and/or toys in any park area not designated for such use or in such a manner that it could be a hazard 
to the public.  
 
R-117 INTERFERENCE WITH A PARK RANGER OR A PARK POLICE OFFICER  
1. Interfering with any Park Ranger and/or Park Police Officer in the discharge of the Park Ranger’s and/or Park Police Officer’s duties.  
2. Failing or refusing to obey any lawful command of any Park Ranger and/or Park Police Officer or other Certified Peace Officer.  
 
R-118 TRAILS  
1. Damaging, blocking, restricting or otherwise interfering with the use of a trail.  
2. Throwing or rolling rocks or other items into valleys or canyons, down hillsides, mountainsides or trails.  
3. Leaving a designated trail or walkway between trailheads.  
4. Operating a bicycle, riding a horse, or hiking, except on trails designated for that use.  
5. Failure to follow any sign that dictates the use or behavior on a trail.