AMENDMENT TWO WITH CAVE CREEK TRAIL RIDES.PDF
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Page 1 of 3 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. Page 2 of 3 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 Page 3 of 3