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2013_0422_packet
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4/24/2013 1:53:20 PM
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4/18/2013 4:02:23 PM
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Attachment A <br />CONSENT TO ASSIGNMENT <br />1 <br />2 <br />3 This Agreement is made as of the _____ day of _________________, 2013 between the <br />4City of Roseville, a Minnesota municipal corporation (“City”), BKB Corporation, a Minnesota <br />5corporation, formerly known as Bossardt Corporation (“Bossardt”), and Wenck Construction and <br />6Remediation, Inc., a Minnesota corporation (“Wenck”). <br />7 <br />RECITALS <br />8 <br />9 <br />101.The City and Bossardt entered into a Standard Form of Agreement Between <br />11Owner and Construction Manager as Advisor, dated January 2, 2012, and a <br />12Contract Amendment No. 1, to provide construction management services in <br />13connection with the construction of the City of Roseville New Fire Station Project <br />14located at 2701 Lexington Avenue in Roseville, Minnesota (which agreement and <br />15amendment are collectively referred to herein as the “Contract”). <br />16 <br />172.Section 10.3 of the Contract provides that neither the City nor Bossardt shall <br />18assign the Contract without the written consent of the other, except that the City <br />19may assign the Contract to a lender providing financing for the project if the <br />20lender agrees to assume the City’s rights and obligations under the Contract. <br />21 <br />223.Bossardt has assigned all of its rights and obligations accruing from and after <br />23April 1, 2013 under the Contract to Wenck pursuant to that certain Assignment <br />24and Assumption Agreement, dated April 1, 2013, between Bossardt and Wenck <br />25(“Assignment and Assumption Agreement”). <br />26 <br />274.Wenck has taken assignment of all rights and assumed all obligations of Bossardt <br />28under the Contract accruing from and after April 1, 2013. <br />29 <br />305.Bossardt and Wenck have requested the City consent to the assignment. <br />31 <br />32 In consideration of the mutual covenants contained herein, the parties agree as follows: <br />33 <br />1 <br /> <br />
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