File #: 23-162   
Status: Agenda Ready
File created: 1/24/2023 In control: Clark County Board of Commissioners
On agenda: 2/7/2023 Final action:
Title: Approve and authorize the Chair to sign the Assignment of Revocable License and Maintenance Agreement between Clark County and Wigwam-Parvin Limited Partnership (Assignor) and Amalfi Acquisition LLC (Assignee), assigning all rights and obligations of Wigwam-Parvin Limited Partnership to Amalfi Acquisition LLC under a revocable license and maintenance agreement between the County and Wigwam-Parvin Limited Partnership dated October 10, 2008, for non-standard improvements within the County's right-of-way (Assessor's Parcel Number 177-17-601-341). (For possible action)
Attachments: 1. Staff Report, 2. Assignment of Revocable L&M 177-17-601-341

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

 

Petitioner:

Denis Cederburg, Director of Public Works

Recommendation: 

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Approve and authorize the Chair to sign the Assignment of Revocable License and Maintenance Agreement between Clark County and Wigwam-Parvin Limited Partnership (Assignor) and Amalfi Acquisition LLC (Assignee), assigning all rights and obligations of Wigwam-Parvin Limited Partnership to Amalfi Acquisition LLC under a revocable license and maintenance agreement between the County and Wigwam-Parvin Limited Partnership dated October 10, 2008, for non-standard improvements within the County's right-of-way (Assessor's Parcel Number 177-17-601-341).  (For possible action)

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FISCAL IMPACT:

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BACKGROUND: 

On October 10, 2008, Clark County and Wigwam-Parvin Limited Partnership, entered into a revocable license and maintenance agreement, recorded as Book 20081020 / Instrument 0002505 and re-recorded as Book 20081124 / Instrument 004270 for construction and maintenance of non-standard improvements within right-of-way owned by the County adjacent to 2750 West Wigwam Avenue.  This revocable license and maintenance agreement does not allow for an assignment without written consent of the County.

Since the recording of the aforementioned original revocable license and maintenance agreement, the property was transferred from Wigwam-Parvin Limited-Partnership (the "Assignor") to Amalfi Acquisition LLC (the "Assignee") as of June 2, 2022 (the "Effective Date"), and chronicled in the attached "Assignment of Revocable License and Maintenance Agreement."

As of the Effective Date of the Assignment of Revocable License and Maintenance Agreement, Assignor assigned to Assignee, and Assignee assumed and accepted all of Assignors' rights and obligations under the original revocable license and maintenance agreement arising from and after the Effective Date, and liabilities that pre-date the Effective Date.

The District Attorney's Office has reviewed and approved the Assignment of Revocable License and Maintenance Agreement as to form.