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File #: 21-1501   
Status: Agenda Ready
File created: 10/6/2021 In control: Clark County Board of Commissioners
On agenda: 10/19/2021 Final action:
Title: Approve and authorize the Chair to sign the Assignment of the Revocable License and Maintenance Agreement among Clark County, Century Communities of Nevada, LLC (Robert M. Beville, Vice President / Assignor), and Rhodes Ranch Association, Inc. (Johnny Underwood, President / Assignee), assigning and transferring all terms, duties, rights, obligations, restrictions, and interests from Century Communities of Nevada, LLC to Rhodes Ranch Association, Inc., under a certain revocable license and maintenance agreement between the County and Century Communities of Nevada, LLC, dated October 22, 2014, for non-standard improvements within the County's right-of-way (Assessor's Parcel Numbers 176-08-715-064 and 176-08-695-001). (For possible action)
Attachments: 1. Staff Report, 2. Assignment RevL&MAgreement Century&Rhodes APNs 176-08-715-064 et al
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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 the Revocable License and Maintenance Agreement among Clark County, Century Communities of Nevada, LLC (Robert M. Beville, Vice President / Assignor), and Rhodes Ranch Association, Inc. (Johnny Underwood, President / Assignee), assigning and transferring all terms, duties, rights, obligations, restrictions, and interests from Century Communities of Nevada, LLC to Rhodes Ranch Association, Inc., under a certain revocable license and maintenance agreement between the County and Century Communities of Nevada, LLC, dated October 22, 2014, for non-standard improvements within the County's right-of-way (Assessor's Parcel Numbers 176-08-715-064 and 176-08-695-001).  (For possible action)

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FISCAL IMPACT:

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BACKGROUND: 

In October 2014, a revocable license and maintenance agreement between Clark County and Century Communities of Nevada, LLC for construction and maintenance of non-standard improvements, consisting of landscaping within right-of-way owned by the County, was recorded as Book 20141023/Instrument No. 0001670.  This 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 Century Communities of Nevada, LLC (the "Assignor") to Rhodes Ranch Association, Inc. (the "Assignee"), as of June 11, 2021 (the "Effective Date"), and chronicled in the attached "Assignment of the Revocable License and Maintenance Agreement."

As of the Effective Date of the Assignment of the Revocable License and Maintenance Agreement, Assignor hereby assigns and transfers to Assignee, and Assignee hereby assumes and accepts all of Assignors' terms, duties, rights, obligations, restrictions, and interests under the original revocable license and maintenance agreement, arising from and after the Effective Date.

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