AMENDMENT ONE SCORPION BAY HOLDINGS RE DOCK.PDF

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AMENDMENT ONE 
 
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-30-18-014-M-01 
 
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-30-18-014-M-00) 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, the COUNTY and the CONCESSIONAIRE now desire to enter into 
Amendment One to amend the Agreement to provide for an increase 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 
 
The Recitals, as set forth above, by this reference, are hereby incorporated into this AGREEMENT. 
 
II.  
SCOPE OF WORK CHANGE 
   
A. The COUNTY changed the scope of the work (as originally described in Exhibit B - Design 
Project Excerpt of the AGREEMENT) by adding eight (8) feet of length to two (2) 
boathouses to accommodate the COUNTY’s two (2) new navigational-aid boats. In order 
to demonstrate this changed scope of work, Page 2 of Exhibit B – Design Project Excerpt 
to the AGREEMENT is hereby deleted in its entirety and replaced with  Exhibit B – Design 
Project Excerpt, attached hereto and incorporated herein.   
 
B. The change in the scope of work described herein resulted in an increase in Construction 
Costs in the amount of nineteen thousand four hundred eighty dollars and seven cents 
($19,480.07), as described in Appendix #1 – Change Order One, attached hereto and 
made a part hereof.  
 
C. As a result of the increase in Construction Costs, the definition of Construction Costs in the 
AGREEMENT is hereby revised and the first sentence of Section IV.8. of the AGREEMENT 
is hereby deleted and replaced with the following: 
 
The anticipated construction costs for the Project, itemized in Exhibit C – Not 
to Exceed Construction Costs (“Construction Costs”) attached hereto and 
made a part hereof, shall not exceed nine hundred eighteen thousand one 
hundred eighty dollars and seven cents ($918.180.07).

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D. Exhibit C – Not to Exceed Construction Costs of the AGREEMENT is hereby deleted 
in its entirety and replaced with Exhibit C – Not to Exceed Construction Costs, attached 
hereto and incorporated herein, which shows the additional costs due to the change order. 
 
E. In order to reflect the additional cost due to the change order, Exhibit D – Payment 
Schedule to the AGREEMENT is hereby deleted in its entirety and replaced with Exhibit 
D – Payment Schedule, attached hereto and incoroporated herein. 
 
III. 
GENERAL 
 
A, The foregoing paragraphs contains all of the changes made by this Amendment One.  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 
 
 
SCORPION BAY HOLDINGS, LLC

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APPENDIX #1 – CHANGE ORDER ONE

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