AMENDMENT 2 WITH SCORPION BAY HOLDINGS GOV DOCK.PDF

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AMENDMENT TWO 
TO 
CONTRACT FOR DESIGN, CONSTRUCTION, USE, AND MAINTENANCE OF A DOCK AND 
BOATHOUSES TO BE USED EXCLUSIVELY BY GOVERNMENTAL ENTITIES 
BETWEEN 
MARICOPA COUNTY 
AND  
SCORPION BAY HOLDINGS, LLC 
 
C-30-19-014-M-02 
 
RECITALS 
 
 
WHEREAS, a contract for Design, Construction, Use And Maintenance Of a Dock and 
Boathouses to be Used Exclusively by Governmental Entities (“AGREEMENT”) was entered into 
between Maricopa County (“COUNTY”) and Scorpion Bay Holdings, LLC (“CONCESSIONAIRE”) 
on March 13, 2019 (C-30-19-014-M-00), as subsequently amended by Amendment One (C-30-19-
014-M-01) on January 9, 2020 (collectively, “AGREEMENT”), for construction of a dock and 
boathouses for the exclusive use of County and its governmental invitees within the Scorpion Bay 
Marina so that County may serve the needs of the general public in the management of Lake 
Pleasant Regional Park; and 
 
 
WHEREAS, Amendment One provided for an increase in the Construction Costs in the 
amount of nineteen thousand four hundred eighty dollars and seven cents ($19,480.07); and 
 
 
WHEREAS, the COUNTY and the CONCESSIONAIRE now desire to enter into 
Amendment Two to amend the Agreement to provide for a decrease in the Construction Costs.  
 
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 to amend the AGREEMENT as follows: 
 
I. 
INCORPORATION OF RECITALS; TERMINATION 
 
The Recitals, as set forth above, by this reference, are hereby incorporated into this AGREEMENT. 
This AGREEMENT, as amended, may be terminated pursuant to A.R.S. Section 38-511. 
 
II.  
SCOPE OF WORK CHANGE 
   
A. The CONCESSIONAIRE has requested a deduction in the permit fees and contingency 
funds as final costs were less than originally budgeted. 
 
B. This deduction is a change in the scope of work described herein and resulted in an 
decrease in Construction Costs in the amount of three thousand three hundred sixty seven 
dollars and fifty one cents ($3,367.51), as described in Appendix #1 – Change Order Two, 
attached hereto and made a part hereof.  
 
C. As a result of the decrease in Construction Costs, the definition of Construction Costs in 
the AGREEMENT, as amended by Amendment One, is hereby revised and the first 
sentence of Section IV.8. of the AGREEMENT, as amended by Amendment One, is hereby 
deleted and replaced with the following: 
 
The anticipated construction costs for the Project, itemized in Exhibit C – Not

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to Exceed Construction Costs (“Construction Costs”) attached hereto and 
made a part hereof, shall not exceed nine hundred fourteen thousand eight 
hundred twelve dollars and fifty six cents ($914,812.56). 
 
D. Exhibit C – Not to Exceed Construction Costs of the AGREEMENT, as amended by 
Amendment One, is hereby deleted in its entirety and replaced with Exhibit C – Not to 
Exceed Construction Costs, attached hereto and incorporated herein, which shows the 
revised costs due to the change orders. 
 
E. In order to reflect the revised costs due to the change orders, Exhibit D – Payment 
Schedule to the AGREEMENT, as amended by Amendment One, is hereby deleted in its 
entirety and replaced with Exhibit D – Payment Schedule, attached hereto and 
incorporated herein. 
 
III. 
GENERAL 
 
A, The foregoing paragraphs contains all of the changes made by this Amendment Two.  All 
other terms and conditions of the AGREEMENT shall remain unchanged and in full force 
and effect. 
 
B 
Any terms capitalized herein but not defined shall have the definitions as provided in the 
AGREEMENT. 
 
Dated this ____ day of __________________________, 2020. 
 
MARICOPA COUNTY  
 
 
 
 
 
 
 
 
 
 
____________________________________ 
Chairman, Board of Supervisors         
Date 
 
 
ATTEST 
 
____________________________________ 
Clerk of the Board of Supervisors       
Date 
 
 
Approved as to Form: 
 
____________________________________ 
Maricopa County Deputy Attorney 
Date

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APPENDIX #1 – CHANGE ORDER TWO

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EXHIBIT C – NOT TO EXCEED CONSTRUCTION COSTS – REVISED  
AMENDMENT TWO

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