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HomeMy WebLinkAbout2000-14740 40 V AMENDMENT NO. I TO CONTRACT FOR INDIAN RIVER COUNTY ` UNDERGROUND FACILITIES LOCATING % AND MARKING SERVICES THIS AMENDMENT NO. 1 TO CONTRACT FOR UNDERGROUND FACILITIES LOCATING AND MARKING SERVICES is made and entered into (his -,? day of MAY, 2000, by and between ALL CLEAR LOCATING SERVICES, INC. (Hereinalicr referred to as Contractor) and INDIAN RIVER COUNTY (hereinafter referred to as Customer).. WHEREAS, Contractor and Customer (hercinaftcr collcctivcly refcrrcd to as the Parties) previously en(ered into a Contract for Underground facilities Locating and Marking Services on January 7, 1997, (herein aftcr referred to as the Agreement); and WHEREAS, the Parties desire, to arnend the Agreement;. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree to amend the Agreement as follows; Either party upon thirty (3 0) days %Tiiten not icc to the other party "ray terminate this contract. Unless so terminated, this contract shall continue in effect through: Scptcmbcr 30, 2000. 7ltis contract maybe renewed, by mutual agreement, for additional ONE (1) YEAR periods tip to a cumulative total of Tl TREE (3,) YEARS at the same prices, terms and conditions. Any change in price, terns or conditions shall be accomplished by +bitten amendment to this contract with Imal approval requiring Indian Riv r County Board of county Commissioners (IRCBCC) action. Except as herein amended„ all other terms and conditions of the Agreement shall remain unchanged and in foil force and effect, IN WITNESS WHEREOF, the Parties hereto have caused duplicate originals of [his Amendment No. I to the Contract for Underground Facilities Locating and Marking Services to be, executed by their duly authorized representatives as of the day and year first above written. ALL CLEAR LOCATING SERVICES, INC. By: .4.1 ' S(cVC Schlithing, President Winn sed by: County Attorney Approved as to Form and Legal Sufficiency J tcs E. Chandler aunty Administrator INDIAN RIVER COUNTY Fran Q, Adams, Clnainnan Approved by BC �-4s2 Attest: Jcffrey B. Barton, Clerk of Circui( Court B, � — . Deputy Clerk Indexn Hi's ca Allor ved Qa e A drn1 n, CSO Q. HudgC1 / l: ;k iWSyr CONSENT Reference is hereby made to that certain Agreement identified on Exhibit A attached hereto (together with any and all amendtments or attachments fhcreto, the "Agreement"), We wtdcrstarul that Nocaits, Inc. C Nocuts") plans to assign its rights and obligations under the Agreement to All Clear Locating Services, Inc. ("All Clear"). And that All Clear plans to assume the Nocuts' rights and obligations under the Agreement, pursuant to an Assignment and Asswnplion of Agreement the fora of which has been presented to us. As the Customer wider the Agrecmeni, we consent to such assignment effcetive as of the execution and delivery of the Assignment and Assumption of Agreement. INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman Approved by BCCX f&gyp Attest:" Jeffrey B. Barton, Clerk a�1� Circuit Court By: u Deputy Clerk In M. Rive cn Approved Pole Admlri t elA—, '00 p} pS 0c) I1-1 rt U :+ SS1(;NMENT AND ASSUMPTION OF AGREEMENT (Customer Contract) 7!11.5 ASSICiltit EN— AND ASSI''ifPTION Or AGRE[jvil y'r (this "Assignment") is made and entered into this '_ day of 2000 (the "Effective Date"'), by and Nuveen Nucuts, Inc " a Pennsyl.�ania corporation ("Assignor") and All Clear I.oeaiing Services, ;nc., it Pennsylvimi;a corpo,atiou ("Assignee" and together with Assignor the "Particss"). WHYRl AS. 1110 Assignor is a party to that certn:a agreement between Assignor anti its cu,tomer (the "Customer");dcntified on Exhibit A auuched hereto Regethr: with any and all antend.writs ur attachments thereto, tic "Agrceaicnf'), :131;1 WHERLAS, pursuant to in Asset Purchase Agreei .ent, dated as of Februaty 25, 2+.110 (the "Purchase Agreement"), Assignor ha, agreed to irnnsfer and assign certain assets to Assigner, including Assignor's rightK in and to the Agreement, and ,Assignee has agreed to assume and perform certain liabilities of Assignor, inctudmi; Assignor`s obligations under the Agreement; and AA'1 WRI AS, the Parties now wish to evidence Further said assignment aatd -asstamption with respect to the Agreement by the execution nnc deliveq of tins Assignmcnt. NO"', THERE l ORI in a onside oucin of the mutual promises and covenants contained herein and in the Ti aehase Agreement ;anal in consideration of other gued anti valuable consideration. the receipt and sufficiency of v:hich are hereby acknowledged, the Parties Ilerchv a.=rce as follows: tssignmert of Rights. Effective as of the l ffeet.vc [ante, Assignor hereby assigns to Assignee al; "if its righ-1, 1 -We and interest in and to the Agreement. 2. Assum tion; No Change in Ternrs i;ffcc:ivc its nF the Nfeati,e Inti• Assinnec hereby accept; :.c tareboing assig ,mcnt and assumes and agree., to be bound ny and per u.m all of the terms, conditions, covenants, duties and obligations to be perfomrec, by Assigator under the Ag:eemen; on and after the Effective Date to tate same extent as if Assignee had original:y been named as a party ;hercurtder. The terms of the Agreement shall retrain unchangcd and Assignee shall adhere to all the terms of the Agreement as fully as though it were tltc original party thcretnider. j. t-onsent It is agreed and acknowledged by the Parties that if pursuant to the Agreement this A.;,agnment requires file consent of the Customer, then this Assignment is contingent upon ilio consent of the Customer. Upon execution and delivery of this Assignment, the Part:es shall promptly furnish n fully executed counterpart of this Assignment to the Customer. w IN WITNESS \VH1;RF()F. t' -e Parties havc hereunto Set I`Xil- SiglLmAres Of XEC (toy unci veu first .th )vc W'Itten NOCUTS, INC Name: Title: "Assignor" All. CLEAR LOCA,riw SERVICES, INC. Hy. Name: Step -,en V. Scheibing Tit'c: President "Assignee" C-1 • EXHIBIT A - Agreement: Agreement doled: 1-7-97 Vendor. North Carolina WMYServices Customer: Md ion River County 1te: 950602RO.27