220166-ASSIGNMENT AND ASSUMPTION-ACACIA HEIGHTS II & HOUSING FOR HOPE FINAL-SIGNED.PDF
Extracted text (via pymupdf)
4540 characters
SERIAL 220166-RFP -1- CONSENT TO ASSIGNMENT AND ASSUMPTION of CONTRACT SERIAL 220166-RFP AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITIES From Acacia Heights II, LLC To Housing for Hope, Inc. & Maricopa County, Arizona This CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Agreement”) is entered into on June 22, 2022 by and between Maricopa County (“County”), Acacia Heights II, LLC (“Acacia Heights II”) and Housing for Hope, Inc.(“Housing for Hope”). WHEREAS, County and Acacia Heights II entered into a Contract for Affordable Housing Development Opportunities dated May 18, 2022, County Contract No.220166-RFP (“Contract”). WHEREAS, Acacia Heights II desires to assign and delegate to Housing for Hope all of its rights and obligations, and Housing for Hope desires to assume all of Acacia Heights II’ rights and obligations, under the Contract. WHEREAS, County desires to consent to the assignment and assumption of the Contract, subject to the following terms and conditions and in accordance with applicable state and local procurement laws, rules, regulations and Contract provisions, including Section MC1-311 (Assignment of the Rights and Duties) of the Maricopa County Procurement Code and Section 7.7 of the Contract. WHEREAS, COUNTY and Housing for Hope desire to amend the Contract. NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignment. With effect as of July 27, 2022 (“Effective Date”) Acacia Heights II hereby assigns, delegates, transfers, delivers and conveys to Housing for Hope all of Acacia Heights II’ rights, title, interests, duties, performances and obligations under the Contract. In granting its consent to the assignment and assumption as set forth in this Agreement, the County, Acacia Heights II and Housing for Hope agree that upon the Effective Date Acacia Heights II shall remain and Housing for Hope and Acacia Heights II shall be jointly responsible for the performance of Contract. The parties agree that a release of Acacia Heights II from responsibility for the performance of the Contract is contingent upon approval by the County and Housing for Hope of an amendment to the Contract. The parties further agree that when the anticipated SERIAL 220166-RFP -2- amendment is so approved, the County will release Acacia Heights II from responsibility for the performance of the Contract as amended and Housing for Hope will be solely responsible for the performance of the Contract as amended. 2. Assumption. Housing for Hope hereby accepts the assignment and delegation by Acacia Heights II contained herein and assumes all of Acacia Heights II’ rights, title, interests, duties, performances and obligations under the Contract subject to the terms and conditions in this Agreement. 3. Entire Agreement. This Agreement, including all exhibits and attachments hereto, all of which are incorporated herein and constitute a material part of this Agreement, contains the entire agreement of the parties with respect to the subject matter of this Agreement. 4. No Amendment. No amendment, modification, or addition to this Agreement shall be effective or binding on any party unless set forth in writing and executed by the duly-authorized representatives of each of the parties. 5. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and assigns. 6. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arizona, as applied to residents of that jurisdiction entering into contracts wholly to be performed in that jurisdiction. 7. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, and all of which when taken together shall constitute this Agreement. 8. Acknowledgement and Authority. The County hereby consents to the assignment and assumption of the Contract in accordance with Section MC1-311 (Assignment of the Rights and Duties) of the Maricopa County Procurement Code and Section 7.7 of the Contract. Moreover, the representative of the County executing this Agreement has the authority in accordance with applicable law, including but not limited to Section MC1-311, and the Contract, to execute this Agreement.