HomeMy WebLinkAboutDAVID R MCCLEAVE - CONTRACT - RFP - P911 CITY PARK NINE GOLF COURSE GOLF PROFESSIONAL (2)ASSIGNMENT OF AGREEMENT AND CONSENT TO ASSIGNMENT
This Assignment of Agreement and Consent to Assignment is entered into by the City
of Fort Collins Colorado ("City") and David R. McCleave ("Contractor") and dated December
30, 2003.
WHEREAS, the City and Contractor are parties to that certain Golf Services and
Concession Agreement ("Agreement") dated November 29, 2003; and
WHEREAS, Contractor desires to operate as a Limited Liability Corporation ("LLC")
rather than a sole proprietorship and assign his interest in the Agreement to that LLC; and
WHEREAS, pursuant to Article 15 of the Agreement, the Contractor may not assign his
interest in the Agreement without the prior written consent of the City; and
WHEREAS, the City has no objection to the Contractor conducting his operations under
the Agreement as an LLC.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
expressed herein, and other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the parties agree as follows:
1. David R. McCleave as Contractor hereby assigns his rights, duties and obligations
under the Agreement to DMAC Golf, a properly created Colorado Limited Liability Company in
good standing with the State of Colorado, and the City hereby consents and agrees to such
assignment.
2. Contractor understands and agrees that, pursuant to Section 18.20 of the
Agreement, the Agreement is based on the special abilities of David R. McCleave, PGA, and that
the personal services of David R. McCleave as an employee of DMAC Golf, LLC, as Golf
Professional/Concessionaire shall be required throughout the term of this Agreement and any
renewal terms unless otherwise agreed in writing by the City.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment of
Agreement and Consent to Assignment on the day and year written above.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: PB-
OrN 11IPO, FNIGP
rector of Purchasing and Risk Management
ATTEST:
City 41er
APPROVED AS TO FORM:
Ass2j;Attorney
Contractor:
L e. /<<0
David R. McCleave
STATE OF COLORADO )
` COUNTY OF ass.
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before me this day of�� 200g,
by
Witness my hand and official seal.
My commission expires:
STATE
DEPARTMENT OF
STATE
CERTIFICATE
I, DONETTA DAVIDSON, Secretary of State of the State of Colorado,
hereby certify that, according to the records of this office,
DMAC GOLF LLC
(Colorado LIMITED LIABILITY COMPANY )
File # 20031397762
was filed in this office on December 16, 2003 and has complied with the applicable provisions
of the laws of the State of Colorado and on this date is in good standing and authorized and
competent to. transact business or to conduct its affairs within this state.
Dated: December 16, 2003
For Validation:
Certificate 1D: 741&W
To validate this certificate, visit the following
web site, enter this certificate ID, then follow the
instructions displayed.
www.sos stlats:trc.u$iVattd4t9Cettificate