AMENDMENT TWO WITH ARIZONA MODEL AVIATORS.PDF

AMENDMENT TWO
TO
SPECIAL USE AGREEMENT
BETWEEN
MARICOPA COUNTY
AND

ARIZONA MODEL AVIATORS ASSOCIATION
c-  30-97-025-B-02

RECITALS

WHEREAS, a Special Use Agreement (C-30-97-025-B) was entered into on April 9, 1997,
and amended by Amendment One dated September 19, 2007 (collectively, “Agreement’)
between Maricopa County, a political subdivision of the State of Arizona, hereinafter referred to
as “County,” and Arizona Mode! Aviators Association, a non-profit organization, hereinafter
referred to as “Model Aviators’; and

WHEREAS, the County and Model Aviators desire to enter into this Amendment Two to
the Agreement, hereinafter referred to as “Amendment Two,” in order to exercise the six (6) year
Renewal Option and amend the Fee Payment Schedule in the Agreement; and

WHEREAS, the County and Model Aviators desire to enter into this Amendment Two with
the understanding that all other provisions of the Agreement that are not amended herein shall
remain the same and in full force and effect.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged, County and Model
Aviators hereby agree as follows:

I. INCORPORATION OF RECITALS

‘The Recitals set forth above are hereby incorporated into this Amendment Two.
Il. EFFECTIVE DATE
Amendment Two will become effective upon execution by Maricopa County.

I. TERM AND TERMINATION

The six (6) year Renewal Option is hereby being exercised, and the Term of this
Agreement shall be extended for six (6) years commencing April 9, 2021, through April 8,
2027. There are no remaining Renewal Options available.

This Agreement, as amended, is subject to A.R.S. Section 38-511 and may be canceled
by the County pursuant thereto without any penalty or liability to County.

IV. FEES AND CHARGES:

Delete Section 11. FEES AND CHARGES of the Agreement in its entirety and replace
with text to read as follows:

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Administrative Fees

Exhibit D to the Agreement is hereby deleted in its entirety and replaced with
Exhibit D - Payment Schedule (Revised), attached hereto and incorporated
herein. Model Aviators shall annually pay an Administrative Fee to the County in
accordance with Exhibit D. For purposes of this Agreement, the Contract Year
begins April 9". Model Aviators shall pay such fees to County no later than April
9th of each new Contract Year. Payment shall be sent to:

Maricopa County Parks and Recreation Department
Attn: Finance

41835 N. Castle Hot Springs Road

Morristown, AZ 85342

Member Fees

Exhibit E to the Agreement is hereby deleted in its entirety and replaced with
Exhibit E — Member Payment Log (Revised), attached hereto and incorporated
herein. Annually on April 9th of each Contract Year, the Model Aviators shall
submit to County a current member payment log in the form of Exhibit E reflecting
the number of members that belong to the Model Aviators’ organization effective
March 1* of the previous Contract Year. The Model Aviators shall, in turn, pay the
County the published Park vehicle entry fee for each such member. The Member
Payment Log (Revised) shall also include the current year Administrative Fee as
stated on Exhibit D. Payment of the total fees indicated on the Member Payment
Log (Revised) are due by April 9th of each Contract Year. Payment and the
Member Payment Log and shall be mailed to:

Maricopa County Parks and Recreation Department
Attn: Finance Department

41835 N. Castle Hot Springs Road

Morristown, AZ 85342

Special Event Fee

Exhibit F to the Agreement is hereby deleted in its entirety and replaced with
Exhibit F — Special Event Log (Revised). Special Event is defined as an
organized public model airplane flying event involving other clubs. Not later than
the 15" of the month following completion of a Special Event, Model Aviators shall
submit to the County a special event log in the form of Exhibit F reflecting the
number of cars that entered the Concession Site during each day of a Special
Event. All vehicles, member(s), and non-member(s) that entered the Concession
Site will be assessed the current Park vehicle entry fee; however, of that entrance
fee, Model Aviators will, in turn, reimburse the County a fee of $2.00 per vehicle
per day. Income retained through outside concession or vendor fees shall be used
for the payment of Model Aviator operating and maintenance expenses, charitable
donations, and in support of educational programs. Payment and the Special
Event Log shall be sent to:

Maricopa County Parks and Recreation Department
Attn: Finance Department

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41835 N. Castle Hot Springs Road
Morristown, AZ 85342

Income received from Special Event fees, except for the $2.00 per car per day of
Special Event, will be retained by the Model Aviators for payment of Model Aviator
operating and maintenance expenses, charitable donations, and in support of
educational programs.

Late Payment Fee

A late payment fee of 10% for every 30 days after the invoice due date. Late fees
will be due not later than 20-days after the date of the invoice from County.

Overnight Dry Camping

Overnight dry camping will not be allowed on the Concession Site except for
Special Events (see Section F below).

Special Event Concessions and Overnight Dry Camping

Outside concessions and overnight dry camping for Special Events may be
permitted for day and overnight use by submission of the Maricopa County Parks
and Recreation Department’s Special Use Permits. The Special Events Special
Use Permit must be submitted by January 15" of each Calendar Year. It shall list
anticipated dates of events for approval by the County and Flood Control District.
The option to charge fees to the outside concessions is at the discretion of the
Model Aviators.

The Model Aviators will provide security, by members or hired security personnel,
for the outside concessionaire’s vehicles, tents, and shelters that have remained
on-site during Special Events during non-operational hours.

County and Flood Control District will not be liable for any concession or vendor
merchandise, tents, shelters, or recreational vehicles located on the Concession
Site.

V. GENERAL PROVISIONS

Add Section 18 - Boycott of Israel to read as follows:

18.

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 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.

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Vi. GENERAL

The foregoing paragraphs contain all the changes made by this Amendment Two. All
other terms and conditions of the Agreement shall remain unchanged and in full force and
effect.

IN WITNESS WHEREOF, the parties have fully executed this Amendment Two as of the date last
written below.

MARICOPA COUNTY

Chairman Date
Board of Supervisors

ATTEST

Clerk of the Board Date
Approved as to Form:
Attorney for Maricopa County Date
CONCESSIONAIRE:
Arizona Model Aviators

_ gle4 loo
Date /

5 c.
"Ss 6 —_ Mode Awe an

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Exhibit D —- Payment Schedule (Revised)

Payment Schedule
Arizona Model Aviators

Previous Increased Current |
Contract Year| Amount Due Amount Amount Due}
2008 $0.00 $750.00 $750.00
2009 $750.00 $250.00 $1,000.00
2010 $1,000.00 $250.00 $1,250.00
2011 $1,250.00 $250.00 $1,500.00
2012 $1,500.00 $250.00 $1,750.00
2013 $1,750.00 $250.00 $2,000.00
2014 $2,000.00 $250.00 $2,250.00
2015 $2,250.00 $250.00 $2,500.00
2016 $2,500.00 $250.00 $2,750.00
2017 $2,750.00 $250.00 $3,000.00
2018 $3,000.00 $250.00 $3,250.00
2019 $3,250.00 $500.00 $3,750.00
2020 $3,750.00 $625.00 $4,375.00
2021 $3,750.00 $625.00 $5,000.00
2022 $5,000.00 n/a $5,000.00
2023 $5,000.00 n/a $5,000.00
2024 $5,000.00 n/a $5,000.00
2025 $5,000.00 n/a $5,000.00
2026 $5,000.00 n/a $5,000.00
2027 $5,000.00 n/a $5,000.00 |
Total $65,125.00 |

Payment due the start of each Contract Year (April 9th)

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Exhibit E - Member Payment Log (Revised)
Member Payment Log

Annual Member and Administrative Fee Statement
Arizona Model Aviators

Contract Year:

Date of Submission:

“As of Date" for Membership:

Amount of Fees
Member Count Published Park Entrance Fee Collected

Subtotal:

Administration Fee per Exhibit D:

Total Fees Due:

Payment is due County not later than the start of each Contract Year (April 9th).

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Exhibit F — Special Event Log (Revised)

SPECIAL EVENT LOG

ARIZONA MODEL AVIATORS

# of Cars
Entering Required

Concession Park Fee
Site/Each ($2.00/ Amount of

Day of Vehicle/Each Fees
Date Event Event Day of Event) Collected
TOTALS:

Payment of the Special Event Fee is due County not later than the 15th of the
month following the Special Event date.

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