HomeMy WebLinkAbout1998-009 Contract - S KoskellaCITY OF ASHLAND
Office of the City Attorney
20 East Main, Ashland, OR 97520
February 17, 1998
(541) 488-5350
(541) 488-5311 - Fax
Paul Nolte, City Atb)mey
8hailerie P. Stephens, Legal A~l~tant
Garrison F.~rner
Attorney/at Law
108 N~;~th Second Street, Suite A
P.O./Box 1299
A~filand, OR 97520
RE:
Contract Between Steve Koskella, dba K & C Environmental Services, and
the City of Ashland dated February 20, 1997 (Roca Creek)
Enclosed is the original, fully-executed Consent to Assignment of Contract. A copy is
on file in our office.
CITY ATTORNEY'S OFFICE
Sharlene P. Stephens, ALS
Legal Assistant
Enclosure
c/w enclosure:
Public Works
A/P
City Recorder
{p:daily\turner6.1tr)
E-Mail Addrea.ea: paul@aahland.or.ue ~ aharlene~ Mhland.or.u.
CONSENT TO ASSIGNMENT OF CONTRACT
Reference is made to that certain contract between Stephen R.
Koskella, on the one hand, and the City of Ashland, Oregon,
(hereinafter "City") on the other hand, dated February 20, 1997,
concerning the Roca Creek Channel Improvements Project. Reference
is also made to those certain escrow instructions given to
Amerititle, Escrow No. AS722875EZ dated April 17, 1997 which
concern a Fifty Thousand Dollar ($50,000.00) deposit in escrow by
Stephen R. Koskella, as a cash bond required by the contract.
The contract between the parties provides, among other things,
that "contractor shall not assign or sub-contract Contractor's
rights or obligations under this contract without prior written
consent of City." Stephen R. Koskella hereby requests City to
consent to his assignment of all of the rights and responsibilities
he has under the contract (as conditioned below) to the Oregon
corporation known as K & C Environmental Services, Inc. Upon the
conditions set forth below, City, by the signature of its
authorized representative(s) below, does hereby consent to the
requested assignment.
Stephen R. Koskella, in consideration for City's consent to
the requested assignment of his contract rights and
responsibilities, does hereby agree to guarantee, without
limitation, the assignee corporation's performance for the City of
all responsibilities, duties, and conditions set forth in the
contract. This guarantee is not intended to enlarge or otherwise
effect the rights of any third parties. Stephen R. Koskella also
understands and agrees that the cash bond on deposit in the above-
referenced escrow shall remain on deposit under the same terms and
conditions as previously agreed.
By the signature of its authorized representative below, and
in consideration of City's consent to the assignment, K & C
Environmental Services, Inc. does hereby agree to perform all of
the terms and conditions remaining to be performed under the
contract. K & C Environmental Services, Inc. agrees that the cash
bond will be released to Stephen R. Koskella upon the completion of
the contract, and that the corporation has no claim upon said cash
bond, and further agrees to hold the City of Ashland harmless for
th~ r~lease of the cash bond to Stephen R. K0skella.
Both parties acknowledge that the referenced contract is in
the course of being performed by the parties, with Stephen R.
Koskella having performed substantial services to date pursuant to
the contract, and the City having remitted some payments to Stephen
R. Koskella for services provided. City agrees to accept future
billing statements and all other written communications from K & C
Environmental Services, Inc., and to remit payment on all future
1 - CONSENT TO ASSIGNMENT OF CONTRACT
nvoices payable to K & C Environmental Services, Inc.
CONTRACTOR:
Federal I.D. No. 518701568
CITY:
BY:I ized Representative
ASSIGNEE:
K & C Environmental Services, Inc.
..~~~. -~_ 7~ent~~ati~ve
By: ~
Authorized Repres '
REVIEWED AS TO CONTENT:
C't~De~partment Head
Date: /~;~ !~
REVIEWED AS TO FORM:
City Legal Counsel
Date: ~['~{~
2 - CONSENT TO ASSIGNMENT OF CONTRACT