HomeMy WebLinkAboutWILDCAT SERVICES NOW REYNOLDS INLINER LLC - CONTRACT - RFP - 7106 CURED-IN-PLACE SANITARY SEWER STORMWATER MAINASSIGNMENT OF AGREEMENT
THIS ASSIGNEMNT is made and entered into this 28th day of February, 2011, by and
between Wildcat Civil Services, a division of Wildcat Construction Co., Inc. ("Assignor") and
Reynolds Inliner, LLC ("Assignee") and the City of Ft. Collins, Colorado ("City").
WHEREAS, Assignor and the City are parties to a certain Services Agreement (Work
Order Type), No. P-7106, dated June 1, 2010 (the "Agreement"); and
WHEREAS, a copy of said Agreement is attached hereto as Exhibit "A" which is
incorporated herein by this reference; and
WHEREAS, Assignor desires to assign all of Assignor's rights, obligations and duties
under said Agreement to Assignee; and
WHEREAS, Assignee is willing to assume all performance obligations of Assignor under
said Agreement owed to the City; and
WHEERAS, the City is willing to consent to the assignment of the rights, obligations and
duties of said Agreement from Assignor to Assignee subject to the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
1. Assignment of Rights. Assignor hereby assigns, transfers, and conveys to
Assignee, its successors and assigns, all of Assignor's right, title and interest in the Agreement
between the City and Assignor, attached hereto as Exhibit "A," including the full benefit of all
rights, covenants and provisos contained therein.
2. Assumption of Duties. Assignee hereby assumes and agrees to perform each and
all of Assignor's obligations and duties under the Agreement between the City and Assignor,
attached hereto as Exhibit "A," to the extent such obligations have not been performed by
Assignor prior to the date of this Assignment but Assignee shall have no liability with respect to
any act or omission of Assignor.
3. BindingEffect. ffect. This Assignment shall be binding upon and inure to the benefit of
the parties hereby and their respective successors and assigns; provided, however, no subsequent
assignment of the rights, duties and obligations contained in the Agreement, attached hereto as
Exhibit "A," shall be of any force or effect without the further written consent of the City.
4. Governing Law. This Assignment shall be construed in accordance with the laws
of the State of Colorado.
IN WITNESS WHEREOF, the parties hereto have caused their names and seals to be
affix the date first above written.
ATTEST:
By (i' -�—
ATTES
By
AND APPROVAL:
ATTES
City Clerk
Title
ASSIGNOR:
WILDCAT CIVIL SERVICES, a division of
Wildcat Construction Co., Inc.
By
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ASSIGNEE:
REYNOLDS INLINER, LLC
By
Title
CITY OF FT. COLLINS, COLOR -ADO