COMPLETE_WITH_DOCUSIGN_STADIUM_DISTRICT_AZST.PDF

Maricopa County — Formal (2023-11-15)

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AMENDMENT NO. 1 TO  
 
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN  
 
THE MARICOPA COUNTY STADIUM DISTRICT  
 
AND  
 
THE ARIZONA SPORTS AND TOURISM AUTHORITY 
 
 
RECITALS 
 
A. 
WHEREAS, the Maricopa County Stadium District, a tax-levying public improvement 
district and political subdivision of the State of Arizona (the “District”) and the Arizona 
Sports and Tourism Authority, a corporate and political body of the State of Arizona (the 
“Authority”) (collectively, the “Parties”) entered into an intergovernmental agreement, 
dated and effective as of October 22, 2003 (the “IGA”); 
 
B. 
WHEREAS, the District presently holds District Car Rental Surcharge Revenues received 
(i) before the effective date of the IGA and (ii) after all amounts contemplated by the 
District Bond Indenture were paid, that it now intends to transfer to the Authority to be 
used for District Cactus League Purposes (the “District Held Revenues”); and 
 
C. 
WHEREAS, the Parties wish to make certain amendments to the IGA to enhance the 
Authority’s reporting requirements and re-allocate the responsibility for payment of fees 
and costs of the annual audit and of the District’s Cactus League activities and other actions 
required by the Stadium District Act related to its Cactus League Activities. 
 
 
AGREEMENT 
 
NOW THEREFORE, in consideration of the foregoing and other good and valuable 
consideration, receipt and sufficiency of which is hereby acknowledged, the District and 
the Authority agree to amend the IGA as follows: 
 
1. 
The Recitals, by this reference, are hereby incorporated into this Amendment. 
 
2. 
Capitalized terms used in this Amendment without definition shall have the meanings 
assigned to such terms in the IGA, unless the context expressly requires otherwise. 
 
3. 
The IGA, as amended, is subject to termination pursuant to A.R.S. § 38-511, the provisions 
of which are incorporated herein by this reference. 
 
DocuSign Envelope ID: 628D9F1D-A236-45DC-A4F3-263ABA7F0F5E

4. 
Within thirty (30) days of the execution of this Amendment, the District shall transfer to 
the Authority the District Held Revenues to be used in the same manner as District Car 
Rental Surcharge Revenues as provided in Section 3.3 of the IGA, as amended. 
 
5. 
Paragraph 3.3(d) of the IGA is amended by deleting it in its entirety and replacing it with 
the following:   
 
3.3(d)(i) 
Within thirty (30) days of the execution of this Amendment, the Authority 
shall provide to the District reports showing the current balance of any funds 
and accounts containing District Car Rental Surcharge Revenues and any 
obligations or liabilities on such funds.  Not less frequently than quarterly 
thereafter, the Authority shall provide to the District reports detailing at a 
minimum: (a) District Car Rental Surcharge Revenues received and 
beginning and ending balances in any funds and accounts containing 
District Car Rental Surcharge Revenues, (b) investments acquired with such 
monies and investment earnings thereon, (c) detailed expenditures of 
District Car Rental Surcharge Revenues, and (d) amounts and identities of 
recipients of District Car Rental Surcharge Revenues. 
 
3.3(d)(ii) 
Reports shall be sent to: 
 
 
 
Bridget Harper 
 
Maricopa County Deputy Director Finance 
 
301 West Jefferson Street, 9th Floor 
 
Phoenix, Arizona 85003 
 
Bridget.Harper@Maricopa.Gov 
 
6. 
Paragraph 3.3(e) of the IGA is amended by deleting it in its entirety and replacing it with 
the following:  The District shall retain $20,000 each year to pay the fees and costs of the 
annual audit of the District’s Cactus League activities required by A.R.S. § 48-4231(D) 
and all fees and costs of other actions required under the District Act related to its Cactus 
League activities.  The District shall send to the Authority any portion of the amount 
described in this Paragraph 3.3(e) not used for the fees and costs described herein to be 
used as otherwise provided in section 3.3 of the IGA. 
 
7. 
The Parties agree not invoke the procedures set forth in Article 4 of the IGA with respect 
to (i) the District’s obligations in Paragraph 3.2(b) before the effective date of this 
Amendment and (ii) the Authority’s obligations under Paragraph 3.3(d) before the effective 
date of this Amendment. 
 
SIGNATURES ON FOLLOWING PAGE 
 
 
 
DocuSign Envelope ID: 628D9F1D-A236-45DC-A4F3-263ABA7F0F5E

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the date 
indicated below. 
 
MARICOPA COUNTY STADIUM DISTRICT 
 
 
_______________________________________ 
Chairman, Board of Directors 
           Date 
 
ATTEST: 
 
__________________________________ 
Clerk of the Board 
 
 
Date 
 
 
APPROVED AS TO FORM AND IN 
ACCORDANCE WITH A.R.S. § 11-952 
 
 
__________________________________ 
Attorney for the District 
 
Date 
 
 
ARIZONA SPORTS AND TOURISM 
AUTHORITY 
 
 
_______________________________________ 
President/CEO 
 
 
           Date 
 
ATTEST: 
 
__________________________________ 
Secretary  
 
 
 
Date 
 
 
APPROVED AS TO FORM AND IN 
ACCORDANCE WITH A.R.S. § 11-952 
 
 
__________________________________ 
Attorney for the Authority 
 
Date 
 
 
 
8/10/2023
8/10/2023
DocuSign Envelope ID: 628D9F1D-A236-45DC-A4F3-263ABA7F0F5E
8/10/2023