IGA.PDF

Maricopa County — Formal (2023-11-01)

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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

Cc, 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: 628D9F 1D-A236-45DC-A4F3-263ABA7FOF5E

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¢)@) 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, (6) 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: 628D9F 1D-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

A. f) : /0-20-22

Attorney for the Distriet Date

ARIZONA SPORTS AND TOURISM

AUTHORITY
DocuSigned by:
[thames Sadlur 8/10/2023
186536FE684D42F...
President/CEO Date
ATIES| fiyied by:
Sarale Strut. 8/10/2023
a Date

APPROVED AS TO FORM AND IN
ACCORDANCE WITH A.R.S. § 11-952
DocuSigned by:

Saval. Strunk 8/10/2023

DB410F8A443B437...

Attorney for the Authority Date