HomeMy WebLinkAbout1 - Original Submission_ City of Bremerton Consent to Transfer 8.29.22
1
CONSENT TO TRANSFER
This Consent to Transfer (“Consent”), dated as of August 29, 2022 (the “Effective Date”), is entered
into by, between, and among City of Bremerton (“Customer”); Michels Corporation (“Transferor”); and Michels
Trenchless, Inc. (“Transferee”) (collectively, the “parties”).
WHEREAS, Customer and Transferor previously entered into City of Bremerton Contract – 2022 Sewer
Rehabilitation, dated March 11, 2022 (collectively the “Agreement”); and
WHEREAS, Transferor now seeks to transfer the Agreement to Transferee by operation of law via a
merger and Customer wishes to acknowledge and approve the same;
NOW, THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the following:
1. As of the Effective Date, Transferor hereby agrees to transfer and convey all rights, duties, and
obligations contained in the Agreement, to Transferee by operation of law.
2. As of the Effective Date, Transferee agrees to accept the transfer and conveyance of all of
Transferor’s rights, duties, liabilities and obligations contained in or arising from the Agreement as
if it were an original party to the Agreement. Transferee is responsible for all actions or omissions
under the Agreement, including liability for any breach or default thereof.
3. Nothing in this Consent is intended as or shall be construed as a waiver or release by Customer of
Transferor from any Claim or liability arising under the Agreement.
4. Customer hereby consents to the transfer and conveyance of the Agreement, including all rights,
duties, and obligations contained therein, from Transferor to Transferee.
This Consent shall not constitute or be construed as an amendment to the Agreement, but merely as a
memorialization of the transaction between Transferee and Transferor described herein and of Customer’s consent
to the same.
This Consent to Transfer may be executed in one or more counterparts, each of which when so executed
and delivered shall be deemed an original, but all of which together shall constitute one instrument.
[Remainder of the page is intentionally left blank; signature page follows]
DocuSign Envelope ID: C39577D4-98E2-4276-BADE-63862D065AB3
2
IN WITNESS WHEREOF, Customer, Transferor, and Transferee have caused this Consent to Transfer to be
executed by their duly authorized representatives as of the Effective Date.
Customer: City of Bremerton
By:
Name:
Title:
Transferor: Michels Corporation
By:
Name: A. David Stegeman
Title: Chief Legal Officer
Transferee: Michels Trenchless, Inc.
By:
Name: Jill La Ronge
Title: Assistant Secretary
DocuSign Envelope ID: C39577D4-98E2-4276-BADE-63862D065AB3
Greg Wheeler
Mayor