HomeMy WebLinkAboutCarl Walker-Consent to Assignment of Contract (2017)CONSENT TO ASSIGNMENT OF CONTRACT
This Consent Agreement is entered into by and between the City of Oshkosh, a
Wisconsin Municipal Corporation, 215 Church Avenue, Oshkosh, Wisconsin, and Carl
Walker, Inc., a Michigan For Profit Corporation, 5136 Lovers Lane, Ste. 200, Kalamazoo,
Michigan 49002, and Wantman Group, Inc., a Florida For Profit Corporation, 2285 S.
Michigan Rd., Eaton Rapids, Michigan 48827.
1. The parties enter into this agreement for one dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of is acknowledged by all
parties.
2. On December 22, 2016, the City and Carl Walker, Inc., formerly located at 1920 S.
Highland Avenue, Suite 210, Lombard, IL 60148, entered into a Professional
Services Agreement related to repairs and other work to be performed on a City
parking garage facility.
3. The aforementioned Professional Services Agreement is not attached, but each
party agrees that they have a complete copy of that Agreement, and they are
familiar with it and with its terms.
4. After the aforementioned Professional Services Agreement was fully executed,
Carl Walker, Inc. and Wantman Group, Inc. have requested that the City consent
to an Assignment of the Professional Services Agreement from Carl Walker, Inc.
to the Wantman Group, Inc.
5. The Professional Services Agreement includes provisions that require the City's
Consent to any Assignment of that Agreement.
The City Consents to the Assignment of all rights, interests, and obligations of
the December 22, 2016, Professional Services Agreement, to the Wantman Group,
Inc., provided:
a. Wantman Group, Inc., fully accepts all rights, interests, and obligations of
the December 22, 2016, Professional Services Agreement that are retained
by Carl Walker, Inc.; and
July 26, 2017
b. Wantman Group, Inc. fully stands in the place of Carl Walker, Inc,, for all
matters related the December 22, 2016, Professional Services Agreement,
and
c. The City is not bound by any terms or agreements between Carl Walker,
Inc. Wantman Group, Inc., nor any of their affiliates, subsidiaries, or
assumed names, regarding, without limitation, any sale or purchase of
any interests or limitations of liabilities.
d. This Consent shall not limit, waive, or affect any of the City's rights as
identified in the Professional Services Agreement.
e. This Consent Agreement retains the same choice of law and dispute
resolution venue as the underlying Professional Services Agreement,
which is Wisconsin law and a dispute resolution venue of Winnebago
County, Wisconsin,
7. Wantman Group, Inc. and Carl Walker, Inc. explicitly accept the terms of the
City's Consent.
Dated: 08/10/17
CALL WALKER, INC.
By:
Vary C ney, Preside
Dated:
CITY OF OSHKOSH
By:
Nfa�k A. Rohloff,Ci"Jnager
By:
Pamela R. Ubrig, City Clerk
2
July 26, 2017
Dated: 08/10/17
WAN'!MAN GROUP, INC.
By:
Vary Cj4ze3r, Sr. Vice resident