ASSIGNMENT OF USE MANAGEMENT AGREEMENT WITH TRES RIOS GOLF LLC.PDF
Extracted text (via pymupdf)
6886 characters
1
I:\Agreements_Partners\Agreements\Tres Rios Golf Estrella\Agreement, Amendment, Assignments\Amendments\Assignment\2020 Assignment\Assignment of Use Management Agreement
(ALF 9‐9‐20).docx
Assignment of Use Management Agreement
This Assignment of Use Management Agreement (Assignment) made on
September ___, 2020, by and among
TRES RIOS GOLF, LLC, an Arizona limited liability company, whose principal place of
business and post office address is 1245 E. Warner Road, Suite 202, Gilbert, Arizona
85296, hereinafter referred to as Assignor;
AND
_________________________________________________, hereinafter referred to
as the Assignee.
WITNESSETH
Whereas, Maricopa County, a political subdivision of the State of Arizona
(County), entered into Amendment Three to Estrella Mountain Park Golf Course Use and
Management Agreement (Agreement) for the Management, Operation, Maintenance and
Improvement of the Golf Course Concession – Tres Rios Golf Course at Estrella Mountain
Park Formerly Known as Estrella Mountain Park Golf Course dated March 16, 2011 (C-
30-04-027-1-01), which amended and restated the Use Management Agreement dated
March 12, 1997, Amendment One dated January 6, 1999 and Amendment Two dated
June 16, 2004, which Agreement is attached hereto as Exhibit A and made a part hereof;
and
Whereas, on April 25, 2012, the County approved the assignment of the
Agreement to Assignor, and on August 17, 2016, the County and Assignor entered into
Amendment Four to the UMA (Amendment Four and the Agreement collectively referred
to as the “UMA”); and
Whereas, Assignor is interested in assigning to Assignee all of its rights,
obligations, responsibilities and interest in said UMA; and
Whereas, Assignee is interested in obtaining all of Assignor’s rights, obligations,
responsibilities and interest in said UMA; and
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:
2
I:\Agreements_Partners\Agreements\Tres Rios Golf Estrella\Agreement, Amendment, Assignments\Amendments\Assignment\2020 Assignment\Assignment of Use Management Agreement
(ALF 9‐9‐20).docx
1.
Assignor hereby transfers and assigns unto Assignee all of its rights, obligations,
responsibilities and interest pursuant to the UMA attached hereto and made a part
hereof.
2.
Assignor represents and covenants that it has not previously assigned its interest
in said UMA and that, to Assignor’s actual Knowledge, said UMA remains valid
and in full force and effect as of the date hereof. Assignor shall not take any
intentional action to invalidate said UMA.
3.
Assignee does hereby accept this Assignment and does agree to be bound by all
terms and conditions of the UMA. Assignee does hereby agree to indemnify,
defend and hold Assignor harmless from any and all duties, claims, causes of
action, liabilities, obligations and commitments arising under the UMA after the
date hereof.
4.
In consideration for this Assignment, Assignee shall pay to Assignor the sum of
$1.00.
5.
This Assignment is binding upon the parties and their respective successors and
assigns.
6.
Maricopa County consents to the terms of this Assignment pursuant to Paragraph
6.5 of the UMA. This consent shall not be deemed or construed to be a waiver of
any term, covenant, condition or provision of the UMA or consent to any other
assignment or sub-concession thereof. This consent does release forever
Assignor from any and all liability or responsibility to Maricopa County pursuant to
the UMA or the operation of the Tres Rios Golf Course.
7.
For purposes of notice to the Assignee, the address above written shall be used.
The County and Assignee acknowledge the obligation to apprise each other of any
address changes.
[Remainder of Page Intentionally Blank]
3
I:\Agreements_Partners\Agreements\Tres Rios Golf Estrella\Agreement, Amendment, Assignments\Amendments\Assignment\2020 Assignment\Assignment of Use Management Agreement
(ALF 9‐9‐20).docx
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed
by its duly authorized representatives on the respective dates entered below.
ASSIGNOR:
TRES RIOS GOLF, LLC
____________________________________
Principal
Date
State of __________________ )
)SS:
County of _________________ )
On this, the ______ day of _____________, 2020, 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: ___________________________
4
I:\Agreements_Partners\Agreements\Tres Rios Golf Estrella\Agreement, Amendment, Assignments\Amendments\Assignment\2020 Assignment\Assignment of Use Management Agreement
(ALF 9‐9‐20).docx
ASSIGNEE:
__________________________________________
Name
___________________________________
Principal
Date
State of __________________ )
)SS:
County of _________________ )
On this, the ______ day of _____________, 2020, 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: ___________________________
5
I:\Agreements_Partners\Agreements\Tres Rios Golf Estrella\Agreement, Amendment, Assignments\Amendments\Assignment\2020 Assignment\Assignment of Use Management Agreement
(ALF 9‐9‐20).docx
Maricopa County consents to this Assignment.
MARICOPA COUNTY
____________________________________
Chairman
Date
Maricopa County Board of Supervisors
ATTEST
____________________________________
Clerk of the Board
Date
Approved as to Form:
____________________________________
Attorney for Maricopa County
Date