AMENDMENT TWO WITH CAVE CREEK TRAIL RIDES.PDF

Maricopa County — Formal (2020-06-10)

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AMENDMENT TWO 
TO 
USE MANAGEMENT AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
AND 
NORTHSIDE HORSE OUTFITTERS, LLC dba CAVE CREEK TRAIL RIDES 
 
C-30-10-022-3-02 
RECITALS 
 
 
WHEREAS, a Use Management Agreement (C-30-10-022-1-00) (“UMA”) was entered 
into on March 17, 2010, between Maricopa County, a political subdivision of the State of Arizona, 
hereinafter referred to as “County,” and Northside Horse Outfitters, LLC, an Arizona limited liability 
corporation; and 
 
 
WHEREAS, Assignment of Use Management Agreement Rights (C-30-10-022-1-01) 
(“Assignment”) was executed on October 5, 2016, to assign the rights of the UMA to Northside 
Horse Outfitters, LLC dba Cave Creek Trail Rides, hereinafter referred to as “Concessionaire" 
and UMA and Assignment hereinafter collectively referred to as “Agreement; and 
 
 
 
WHEREAS, the County and Concessionaire desire to enter into this Amendment Two to 
the Agreement, hereinafter referred to as “Amendment Two,” in order to exercise the ten (10) year 
Renewal Option and amend the Fee Payment Schedule in the Agreement; and 
 
 
WHEREAS, the County and Concessionaire desire to enter into this Amendment Two with 
the understanding that all other provisions of the Agreement 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 
Concessionaire hereby agree as follows: 
 
I. 
INCORPORATION OF RECITALS 
 
 
The Recitals set forth above are hereby incorporated into this Amendment Two. 
 
II. 
EFFECTIVE DATE 
 
Upon execution by the County, Amendment Two will become effective on June 1, 2020. 
 
III. 
TERM AND TERMINATION 
 
 
The ten (10) year Renewal Option is hereby being exercised, and the Term of this 
Agreement shall be extended for ten (10) years commencing June 1, 2020, through May 
31, 2030.

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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. 
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. 
 
V. 
ACCOUNTING AND FEES 
 
Delete Exhibit 3.2.1 – Cave Creek Fee Payment Schedule in its entirety and replace 
with the following: 
 
EXHIBIT 3.2.1 – CAVE CREEK FEE PAYMENT SCHEDULE 
 
The Concessionaire will pay a Fee of ten percent (10%) of the monthly adjusted gross 
receipts, as reported on Exhibit 3.3.2 – Monthly Income Statement.  This Fee Payment 
Schedule will remain constant throughout the term of the Agreement. 
 
Payment will be due County not later than the 15th of the month following, unless payment 
Due Date falls on a Saturday, Sunday, or legal holiday of which payment is then due before 
the close of business of the 1st business day following Saturday, Sunday or legal holiday. 
There will be a ten percent (10%) late payment fee of the amount due if payment is not 
received by the Due Date. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Fee Payment
1
6/1/2010 - 5/31/2011)
10% AGR
2
(6/1/2011 - 5/31/2012)
10% AGR
3
(6/1/2012 - 5/31/2013)
10% AGR
4
(6/1/2013 - 5/31/2014)
10% AGR
5
(6/1/2014 - 5/31/2015)
10% AGR
6
(6/1/2015 - 5/31/2016)
10% AGR
7
(6/1/2016 - 5/31/2017)
10% AGR
8
(6/1/2017 - 5/31/2018)
10% AGR
9
(6/1/2018 - 5/31/2019)
10% AGR
10
(6/1/2019 - 5/31/2020)
10% AGR
11
(6/1/2020 - 5/31/2021)
10% AGR
12
(6/1/2021 - 5/31/2022)
10% AGR
13
(6/1/2022 - 5/31/2023)
10% AGR
14
(6/1/2023 - 5/31/2024)
10% AGR
15
(6/1/2024 - 5/31/2025)
10% AGR
16
(6/1/2025 - 5/31/2026)
10% AGR
17
(6/1/2026 - 5/31/2027)
10% AGR
18
(6/1/2027 - 5/31/2028)
10% AGR
19
(6/1/2028 - 5/31/2029)
10% AGR
20
(6/1/2029 - 5/31/2030)
10% AGR
15th of month following
Contract Year
Payment Due

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 
5- 7 -,2020 
CONCESSIONAIRE: 
NORTHSIDE HORSE OUTFITTERS, LLC dba CAVE CREEK TRAIL RIDES 
5/1/g-o 
 
Date 
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