Resolution No. 5530

City of Chandler — Regular Meeting (2021-11-04)

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RESOLUTION NO. 5530 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, 
ARIZONA, AUTHORIZING AN AMENDMENT TO THE AGREEMENT 
BETWEEN 
THE 
CITY 
OF 
CHANDLER 
AND 
CHANDLER 
AMUSEMENTS, LLC, FOR THE OPERATION OF TRAIN RIDES AND 
CONCESSIONS AT DESERT BREEZE PARK; EXTENDING THE 
DURATION OF THE AGREEMENT FOR AN ADDITIONAL SEVEN 
YEARS; 
AND 
INCREASING 
THE 
CONTRACTOR’S 
LICENSE 
PAYMENTS TO THE CITY BEGINNING IN 2024. 
WHEREAS, since 2004, the City of Chandler has offered train rides and related concessions to 
patrons visiting Desert Breeze Park through a third-party agreement with Chandler Amusements, 
LLC (the “Contractor”), under which the Contractor makes payments to the City in exchange for 
the rights to operate on park property; and 
WHEREAS, the City and Contractor’s predecessor, Encanto Amusements LTD, entered into a 
Memorandum of Agreement (“Agreement”) dated May 12, 2004, whereby Encanto Amusements 
would provide services for amusement ride and concession services at City’s Desert Breeze Park; 
and 
WHEREAS, in a first amendment to the Agreement dated September 3, 2004, the City agreed to 
the transfer and assignment of all interest and obligations of the Agreement to the Contractor; and 
WHEREAS, in a second amendment to the Agreement dated July 25, 2014, City and Contractor 
agreed to extend the term of the Agreement until August 15, 2024; and 
WHEREAS, in order to ensure continuity of amusement and concession services at Desert Breeze 
Park into the future, the parties wish to execute a third amendment to extend the Agreement for an 
additional seven years until August 31, 2031, as well as increase the license payments to the City 
beginning in 2024, and amend other terms of the Agreement as described in the third amendment. 
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chandler, Arizona, 
as follows: 
Section 1. 
Approving the Third Amendment to Memorandum of Agreement between the City 
of Chandler and Chandler Amusements, LLC, in substantially the form attached 
hereto as Exhibit A and incorporated herein by reference. 
  
Section 2. 
Authorizing the Mayor or his designee to execute the Third Amendment.

Resolution 5530 
Page 2  
 
 
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this ___ day of 
November, 2021. 
ATTEST: 
________________________________ 
CITY CLERK 
 
 
________________________________ 
  MAYOR 
 
CERTIFICATION 
 
I HEREBY CERTIFY that the above and foregoing Resolution No. 5530 was duly passed and 
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the ____ 
day of November, 2021, and that a quorum was present thereat. 
 
_______________________________ 
CITY CLERK 
 
APPROVED AS TO FORM: 
 
 
____________________________ 
CITY ATTORNEY