ADSPO19-213156_-_Contract_Amendment_No_3_-_Contract_Language_change.pdf

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Attached to
Master Agreement AZ|ADSPO19-213156
Contract number
ADSPO19-213156
Issued by
Arizona

About this file

This document is a Contract Amendment (#3) issued by the Arizona Department of Administration's State Procurement Office for Arizona State Parks & Trails, involving Havasu Riviera Marina, LLC (previously known as Komick Enterprises Inc.). The amendment pertains to Project Development & Concession Services for Havasu Riviera State Park (formerly Contact Point State Park) located in Lake Havasu City, with the original contract initially signed on August 1, 2016, and effective August 22, 2016.

The amendment modifies Section 5.2 of the contract's Scope of Work to add "Watercraft Sales" as a new required service/facility under subsection 5.2.9. The contract number was updated from ADSPO17-143266 to ADSPO19-213156 to reflect the company name change. Concession Fees and/or Franchise Fees will continue to apply in accordance with Attachment 4 of the original contract. Previous amendments (Amendment #1 on August 13, 2019, and Amendment #2 on September 17, 2019) addressed various administrative modifications including consent to collateral assignment, notice of defaults, and adding a fully executed consent form.

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Contract Amendment

Arizona Department of

Administration State Procurement Office 100 N. 15th Avenue, Suite

Phoenix, AZ 85007

Arizona State Parks & Trails, Project Development & Concession Services for Havasu Riviera State Park (formerly

Contact Point) Contract # ADSPO19-213156 Amendment # 3

This amendment shall be fully executed upon the electronic approval in the State e-Procurement system by an authorized representative of the Contractor and applied to the contract in the State e-Procurement system by the Procurement

Officer or delegate.

Available online at app.az.gov Page | 1

Arizona State Parks & Trails, Project Development & Concession Services for Havasu Riviera State Park (formerly Contact Point)

Havasu Riviera Marina, LLC

This Contract Amendment Number 3, in accordance with the Uniform Terms and Conditions, Section 5.1 Amendments, is hereby amended to modify the following Sections and subsection:

The Contract # ADSPO19-213156 replaced ADSPO17-143266 to account for the name change from Komick Enterprises Inc. to Havasu Riviera Marina, LLC.

Section 5. Services, Sub-section 5.2 Required Services/Facilities of the Scope of Work, is hereby modified to add the following:

5.2.9 Watercraft Sales

Section 9. Fees – The Concession Fees and/or Franchise Fees will still apply in accordance with Attachment 4 of the contract.

Contract Amendment

Arizona Department of

Administration State Procurement Office 100 N. 15th Avenue, Suite

Phoenix, AZ 85007

Arizona State Parks & Trails, Project Development & Concession Services for Havasu Riviera State Park (formerly

Contact Point) Contract # ADSPO19-213156 Amendment # 3

This amendment shall be fully executed upon the electronic approval in the State e-Procurement system by an authorized representative of the Contractor and applied to the contract in the State e-Procurement system by the Procurement

Officer or delegate.

Available online at app.az.gov Page | 2

RECITALS

The State and Supplier entered into that certain agreement titled Project Development & Concession Services for Contact Point State Park (CPSP) signed on August 1, 2016, having an effective date of August 22, 2016, with Supplier to develop and operate an expanded marina and concession operation at CPSP in Lake Havasu City under the oversight of Arizona State Parks & Trails (the “Contract”).

Thereafter, Amendment Number 1 was executed on August 13, 2019 to modify the following:

1. Consent to Collateral Assignment.

2. Notice of Defaults.

3. Lender Cure Rights and Continuing Performance

4. No Default

5. Updated Business Plan

6. Applicable Laws

7. Notice

8. Cancellation Pursuant to A.R.S. § 38-511

9. Authority

10. Full Force and Effect

Thereafter, Amendment Number 2 was executed on September 17, 2019 to modify the following:

1. The State is added the fully executed copy of the consent form.

ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN

UNCHANGED

File details come from the government source that posted it. Updated .