Contract - BCRUA - Assignment of CDM Contract - 9/22/2016COPY
ASSIGNMENT OF CONTRACT FOR ENGINEERING SERVICES
This Assignment of Contract for Engineering Services ("Assignment") is entered
into by and between the City of Round Rock, the City of Cedar Park, and the City of
Leander, (collectively referred to as "Assignors") and the Brushy Creek Regional Utility
Authority, Inc., a Local Government Corporation ("BCRUA"). The above entities may
be referred to herein as "Party" or "Parties" as the context may require.
RECITALS
WHEREAS, Assignors and Camp Dresser & McKee, Inc. ("CDM") entered into
that certain Contract for Engineering Services ("Contract") effective December 21, 2006,
whereby CDM was to provide engineering services related to a regional water treatment
and transmission system for Assignors; and
WHEREAS, Article 28 of said Contract specifically provides that the Assignors
may assign the Contract to a Local Government Corporation created by the Assignors
and Assignors intended for such Local Government Corporation to benefit from and be
an assignee of Assignor's rights, remedies, benefits, duties and obligations under the
Contract; and
WHEREAS, on the 26`" day of July, 2007, Assignors did create the BCRUA., a
Local Government Corporation pursuant to the provisions of Subchapter D of Chapter
431, Texas Transportation Code; and
WHEREAS, Assignors desire to memorialize the assignment of rights, remedies,
benefits, duties and obligations under the Contract and applicable law to the BCRUA,
and the BCRUA desires to assume and accept such assignment;
NOW, THEREFORE, it is hereby agreed between the Parties as follows:
I.
ASSIGNMENT AND ACCEPTANCE
1.1 Subject to the conditions and reservations of the assignment set forth in Section II
below, Assignors hereby assign Assignors' rights, remedies, benefits, duties and
obligations under the Contract and under applicable law to the BCRUA.
1.2 Subject to the conditions and reservations of the assignment set forth in Section II
below, BCRUA hereby accepts the assignment of the Assignors' rights, remedies and
benefits under the Contract and applicable law and accepts Assignors' duties and
obligations under the Contract and under applicable law.
Assignment of CDM contract to BCRUA (DWH Revisions -Clean Copy)
tZ -Zvi �'�(�-
COPY
II.
CONDITIONS AND RESERVATIONS OF ASSIGMENT
2.1 In executing this Assignment, in addition to assigning to Assignee the rights,
remedies, benefits, duties and obligations of Assignor under the Contract and under
applicable law and as a condition to such assignment, Assignors also reserve and retain
unto themselves, the right, if they so choose, to exercise the rights and remedies of the
Owners under the Contract and under applicable law and the right, if they so choose, to
perform any of the duties and obligations of the Owners under the Contract and under
applicable law.
2.2 In accepting this Assignment, the BCRUA acknowledges and accepts the
assignment set forth herein subject to the conditions and reservations set forth in
paragraph 2.1 above.
2.3 In executing this Assignment, the Assignors are intending to assign and are
assigning to the BCRUA any benefits applicable to the Assignors under applicable law,
including but not limited to any codes or statutes that pertain to the rights, remedies,
benefits, duties and obligations of the Assignors under the Contract.
IN WITNESS WHEREOF, the above named parties have caused this document to be
executed on the dates provided below by their duly authorized agents to be retroactively
effective as of the 26`h day of July, 2007.
ASSIGNORS
The Cit f Round Rock
By:
Alan McGraw, Mayor
Date:
The City of Cedar Park
By. _
Date:
Thf
By:
Date
Matt Powell, Mayor
Assignment of CDM contract to BCRUA (DWH Revisions -Clean Copy)
Z
M
1
M�
Q P Y
BRUSHY >CR7EEK NAL UTI IT
AUTHORIT
By:
President
Date:
Assignment of CDM contract to BCRUA (DWH Revisions -Clean Copy)