AMENDMENT SEVEN ADOBE MT GOLF 500 CLUB.PDF
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Amendment 7 Sun State Sports, dba The 500 Club
Page 1
AMENDMENT SEVEN
TO
ADOBE MOUNTAIN GOLF COURSE LEASE AGREEMENT
C-30-14-028-M-02
This Amendment Seven is entered into between Maricopa County, a political subdivision of the
State of Arizona (the “County”), and Sun State Sports, Inc. an Arizona corporation, dba the 500
Club Golf Course (“The 500 Club” or “Concessionaire”). The County and The 500 Club are
sometimes collectively hereinafter referred to as the “Parties” and individually as a “Party”.
RECITALS
WHEREAS, the County and The 500 Club entered into the Adobe Mt. Golf Course Lease
Agreement (CS896024) dated November 21, 1988 as amended as follows: Amendment One
(CS896024-1) dated May 2, 1989; Amendment Two (CS 896024-2) dated January 5, 1994;
Amendment Three (CS 896024-3) dated September 10, 1995; Amendment Four (C-30-98-022-
0-04) dated September 20, 1998; Amendment Five (C-30-14-028-M-00) dated April 23, 2014; and
Amendment Six (C-30-14-028-M-00 dated June 9, 2021 (collectively, the “Golf Course
Agreement”); and
WHEREAS, The 500 Club has been operating and managing the Adobe Mt. Golf Course;
and
WHEREAS, Amendment Six to the Golf Course Agreement (“Amendment Six”) allowed
The 500 Club to offer additional recreational services to the public by development of an Event
Center, to extend the term of the Golf Course Agreement upon obtaining a certificate of occupancy
upon final completion of the Event Center and provide for the fees during the extended term,
provided, however, that if The 500 Club does not commence construction of the Event Center
within three (3) years of the effective date of the Amendment Six, Amendment Six will be null and
void; and
WHEREAS, Amendment Six provided that the County may, in its sole discretion, extend
the time period for The 500 Club to commence construction of the Event Center; and
WHEREAS, The 500 Club has notified the County that it is unable to commence
construction of the Event Center during the time required in Amendment Six due to development
impediments and the County and The 500 Club desire to enter into this Amendment Seven to the
Golf Course Agreement (“Amendment Seven”) to extend the time for The 500 Club to commence
construction of the Event Center; and
WHEREAS, the County and The 500 Club desire to enter into this Amendment Seven
with the understanding that, unless revised herein, all other provisions of the Golf Course
Agreement 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 The 500
Club hereby agree as follows:
Amendment 7 Sun State Sports, dba The 500 Club
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I.
INCORPORATION OF RECITALS
The Recitals, by this reference, are hereby incorporated into this Amendment Seven.
II.
GENERAL TERMS
1.
Effective Date. The effective date of this Amendment Seven shall be the date
executed by Maricopa County (“Effective Date”).
2.
Concessionaire has notified County that it is not able to timely commence
construction of the Event Center as required in Amendment Six due to
development impediments. The County hereby grants an extension of one (1) year
for Concessionaire to commence construction of the Event Center and Section III
of Amendment Six is hereby deleted in its entirety and replaced with the following:
III. TERM.
If The 500 Club does not commence construction of the Event Center within
one (1) year of when Amendment Seven becomes effective, then, as of the
end of such one (1) year, this Amendment Seven will become null and void
and the Golf Course Agreement shall expire on December 31, 2039 as per
Amendment Five to the Golf Course Agreement and, upon request of the
County, Concessionaire agrees to execute an amendment to the Golf Course
Agreement describing this deletion and/or termination of this Amendment
Seven. County may, in its sole discretion, extend the time period for The 500
Club to commence construction of the Event Center.
Upon the date that The 500 Club obtains the certificate of occupancy issued
by jurisdictional authorities for the Event Center, the term of the Golf Course
Agreement shall be extended for ten (10) years or until December 31, 2053,
whichever is later.
3. Section V, Fee Payment – Event Center Only, of Amendment Six shall be Deleted
in its entirety and replaced with the following:
V. FEE PAYMENT _ EVENT CENTER ONLY
In addition to the fees paid to the County in accordance with the Golf Course
Agreement, The 500 Club will pay the County a fee in the amount of five percent
(5%) of the Event Center’s gross income starting on January 1st following the date
The 500 Club obtains the certificate of occupancy for the Event Center and will
continue at the five percent (5%) rate for the following four (4) calendar years
(January 1 through December 31 of each respective year). Beginning on January
1st of the sixth (6th) calendar year, all fees, including fees for the Event Center, will
be calculated, and paid in accordance with the Golf Course Agreement.
4.
Certification Pursuant to A.R.S. § 35-394. Concessionaire warrants and certifies
that it does not currently, and agrees for the duration of the Golf Course Agreement
that it will not, use:
A.
the forced labor of ethnic Uyghurs in the People's Republic of China.
Amendment 7 Sun State Sports, dba The 500 Club
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B.
any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
C.
any contractors, subcontractors or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
If Concessionaire becomes aware during the term of the Golf Course Agreement
that the Concessionaire is not in compliance with this paragraph, the
Concessionaire shall notify the County within five (5) business days after becoming
aware of the noncompliance. Failure of Concessionaire to provide a written
certification that the Concessionaire has remedied the noncompliance within one
hundred eighty (180) days after notifying County of its noncompliance, this Golf
Course Agreement shall terminate unless the term of this Golf Course Agreement
shall end prior to said one hundred eighty (180) day period.
5.
Capitalized terms used in this Amendment Seven without definition shall have the
meanings assigned to such terms in the Golf Course Agreement unless the context
expressly requires otherwise.
6.
The Golf Course Agreement, as amended, is subject to the provisions of A.R.S.
38-511.
7.
This Amendment Seven may be executed in any number of counterparts, all such
counterparts shall be deemed to constitute one and the same instrument, and each
of said counterparts shall be deemed an original hereof. Electronic signatures shall
have the same force and effect as original signatures.
8.
The foregoing paragraphs contain all the changes made by this Amendment
Seven. All other terms and conditions of the Golf Course Agreement shall remain
unchanged and in full force and effect.
[SIGNATURE PAGE FOLLOWS]
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Amendment 7 Sun State Sports, dba The 500 Club
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment Seven to be executed
by their duly authorized representatives.
COUNTY:
MARICOPA COUNTY, a political subdivision of the
State of Arizona
____________________________________
Chairman, Board of Supervisors Date
ATTEST
____________________________________
Clerk of the Board of Supervisors Date
Approved as to Form:
____________________________________
Deputy County Attorney
Date
THE 500 CLUB:
SUN STATE SPORTS, INC.
___________________________
__
Brian Whitcomb
Date
President