HomeMy Public PortalAboutAssignment of Contract from EPC to Goodwyn Mills and Cawood 10-25-18CONSENT TO ASSIGNMENT OF CONTRACT
City of Tybee Island ("Client") and Ecological Planning Group, LLC, a Georgia
limited liability company ("EPG"), have entered into that certain NPDES Phase I MS4
Stormwater Management Plan (SWMP) Revision 2017 dated 05/10/17_, (as amended, the
"Contract"). Client has been informed that EPG and Goodwyn, Mills & Cawood, Inc., an
Alabama corporation ("GMC") have entered into an Asset Purchase Agreement (the "Purchase
Agreement"), pursuant to which EPG has agreed to sell and assign certain of its assets, including
the Contract, to GMC. The closing of the sale of assets by EPG to GMC (the "Closing"),
including the assignment of the Contract to GMC, was effective as of September 30, 2018. Client
hereby consents to EPG's assignment, in accordance with the terms of the Purchase Agreement,
of EPG's rights and obligations under the Contract to GMC, all effective as of and subject to the
Closing; provided that GMC shall as of the Closing assume all of EPG's obligations under the
Contract other than any liabilities or obligations of EPG arising out of or relating to a breach by
EPG that occurred prior to the Closing (the "Assumed Obligations"), in accordance with the
terms of the Purchase Agreement. Effective as of the Closing and subject to GMC's assumption
of the Assumed Obligations, EPG is released from the Assumed Obligations.
DATED: e2.5— & Ct , 2018
CLIENT NAME:
City of Tybee Island
CONSENT TO ASSIGNMENT OF CONTRACT
City of Tybee Island ("Client") and Ecological Planning Group, LLC, a Georgia
limited liability company ("EPG"), have entered into that certain CIG Grant: Carrying
Capacity Study Implementation dated _1/18/2018 , (as amended, the "Contract"). Client has
been informed that EPG and Goodwyn, Mills & Cawood, Inc., an Alabama corporation
("GMC") have entered into an Asset Purchase Agreement (the "Purchase Agreement"), pursuant
to which EPG has agreed to sell and assign certain of its assets, including the Contract, to GMC.
The closing of the sale of assets by EPG to GMC (the "Closing"), including the assignment of
the Contract to GMC, was effective as of September 30, 2018. Client hereby consents to EPG's
assignment, in accordance with the terms of the Purchase Agreement, of EPG's rights and
obligations under the Contract to GMC, all effective as of and subject to the Closing; provided
that GMC shall as of the Closing assume all of EPG's obligations under the Contract other than
any liabilities or obligations of EPG arising out of or relating to a breach by EPG that occurred
prior to the Closing (the "Assumed Obligations"), in accordance with the terms of the Purchase
Agreement. Effective as of the Closing and subject to GMC's assumption of the Assumed
Obligations, EPG is released from the Assumed Obligations.
DATED?s &2C1c , 2018
CLIENT NAME:
City of Tybee Island
By:
Name:
Title:
- 7 %,i /3't 0._-,--“4,14
CONSENT TO ASSIGNMENT OF CONTRACT
City of Tybee Island ("Client") and Ecological Planning Group, LLC, a Georgia
limited liability company ("EPG"), have entered into an agreement for NPDES Phase
I MS4 Permit compliance , dated 09/05/18 and approved on 09/27/18, (as amended, the
"Contract"). Client has been informed that EPG and Goodwyn, Mills & Cawood, Inc., an
Alabama corporation ("GMC") have entered into an Asset Purchase Agreement (the
"Purchase Agreement"), pursuant to which EPG has agreed to sell and assign certain of its
assets, including the Contract, to GMC. The closing of the sale of assets by EPG to GMC
(the "Closing"), including the assignment of the Contract to GMC, was effective as of
September 30, 2018. Client hereby consents to EPG's assignment, in accordance with the
terms of the Purchase Agreement, of EPG's rights and obligations under the Contract to
GMC, all effective as of and subject to the Closing; provided that GMC shall as of the
Closing assume all of EPG's obligations under the Contract other than any liabilities or
obligations of EPG arising out of or relating to a breach by EPG that occurred prior to the
Closing (the "Assumed Obligations"), in accordance with the terms of the Purchase
Agreement. Effective as of the Closing and subject to GMC's assumption of the Assumed
Obligations, EPG is released from the Assumed Obligations.
DATED:.2t ® C6. , 2018
CLIENT NAME:
City of Tybee Island
By:
Name: -if-60r( /3K£,1 -2x424 -,3y
Title: