ASSIGN CMCA WITH ARIZONA OUTDOOR FUN.PDF

Assignment of Commercial Management Concession Agreement Rights
This Assignment (Assignment) made on October 5, 2016 by and among
MARICOPA COUNTY, a political subdivision of the State of Arizona, whose mailing address is
c/o of Maricopa County Parks and Recreation Department, 41835 N. Castle Hot Springs Road,
Morristown, AZ 85342, Attention: Contract Administrator, by its Board of Supervisors, hereinafter
referred to as the “County”;
AND
Arizona Outdoor Fun Rentals, an Arizona limited liability company, whose mailing address is
4840 E. McDowell Road, Phoenix, Arizona 85008, hereinafter referred to as “Assignor”;
AND
Pleasant Water Sports, an Arizona limited liability company whose address is 3405 E. Covina
Circle, Mesa, Arizona 85213, hereinafter referred to as the “Assignee”.
WITNESSETH
Whereas, Assignor is the Concessionaire under a Commercial Management Concessions
Agreement (CMCA) between it and County dated March 16, 2011 (C-30-11-037-3-00) as
amended (C-30-11-037-3-01, C-30-11-037-3-02), which CMCA is attached hereto and made a
part hereof; and
Whereas, Assignor is interested in assigning to Assignee all of its right, title and interest in
said CMCA; and
Whereas, Assignee is interested in obtaining all of Assignor’s right, title and interest in said
CMCA.
NOW THEREFORE, in consideration of the mutual premises herein set forth, and other
good and valuable consideration, the adequacy and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Effective as of the Date of Assignment set forth in paragraph 8 below, Assignor
hereby transfers and assigns unto Assignee all of its right, title and interest pursuant
to the CMCA attached hereto and made a part hereof.
2. Assignor represents and covenants that it is the only owner of said CMCA right and
that said CMCA remains valid and in full force and effect as of the date hereof.
Assignor shall do nothing to invalidate said CMCA.
3. Assignee does hereby accept this Assignment, and does agree to be bound by all
terms and conditions of the CMCA.
assignment of contractual rights cmca.doc

4. In consideration for this Assignment, Assignee shall pay to Assignor the sum of
$1.00.
5. This Assignment is binding upon the parties hereto and their respective successors
and assigns.
6. County consents to the terms of this Assignment pursuant to Paragraph 2.5 of the
CMCA. This Consent shall not be deemed or construed to be a waiver of any term,
covenant, condition or provision of the CMCA or consent to any other assignment or
sub-concession thereof. All rights of the “County” under the CMCA are hereby
reserved.
7. For purposes of notice to the Assignee, the address above written shall be used.
The County and Assignee acknowledge the obligation to apprise the other party of
any address changes.
8. Date of Assignment shall be the date on which the closing occurs under the
Purchase Agreement dated as of October 15, 2016 among Assignee and Assignor.
Effective as of the date the County receives written notice of the Assignment,
County releases Assignor from any further liability of obligations under the CMCA.
As of the Date of Assignment, Assignee agrees to be, and shall be, responsible for
all duties and obligations under the CMCA.
9. As of the effective date, scope of work is hereby amended to include the following
additional recreational services:
9.1 Offsite rental of pontoons, boats and kayaks to include deliveries and
launching for patron usage. Rentals are off site only. No rental or sales
contracts directly at Lake Pleasant facility.
9.2 Pontoon, boat tours and fishing expeditions/tours. The Concessionaire shall
be required, at Concessionaire expense, to obtain all required permits and
licenses necessary for any planned operations. Captaining of boats will
require Merchant Mariner Credentials issued by United States Coast Guard
must be in compliance with U.S. Coast Guard standards; and will operate
only in areas authorized by the Park Supervisor or as otherwise directed by
representatives in authority, i.e. Maricopa County Sheriff’s Office, Arizona
Fish and Game Department. Vehicle and trailer parking will be in a location
authorized by the Park Supervisor.
.
.
.
.
.
.
assignment of contractual rights cmca.doc

IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed
by its duly authorized representatives on the respective dates entered below.
MARICOPA COUNTY
BOARD OF SUPERVISORS
____________________________________
Chairman Date
ATTEST
____________________________________
Clerk of the Board Date
Approved as to Form:
____________________________________
Attorney for Maricopa County Date
.
.
.
.
.
.
.
.
.
.
.
.
.
assignment of contractual rights cmca.doc

ASSIGNEE
____________________________________
Principal Date
State of ___________________
)SS:
County of _________________ )
On this, the ______ day of _________________, before me a notary public, personally appeared
___________________________, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed the same for
the purposes therein contained.
In witness hereof, I hereunto set my hand and official seal.
___________________________
Notary Public
My commission expires: ___________________________
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
assignment of contractual rights cmca.doc

.
.
ASSIGNOR:
___________________________________
Principal Date
State of ___________________
)SS:
County of _________________ )
On this, the _______ day of ______________, 2016, before me a notary public, personally
appeared ______________________________, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that he executed
the same for the purposes therein contained.
In witness hereof, I hereunto set my hand and official seal.
___________________________
Notary Public
My commission expires: ___________________________
.
.
.
.
.
.
.
.
.
.
.
.
<end>
assignment of contractual rights cmca.doc