Engineer Agreement - Clark Enersen PartnersAssignment of Engineering Agreement
The Blair Public Library Foundation, A Nebraska Non-profit Corporation, intends to
construct a Library, on the premises of Lot 86, Deerfield Addition, City of Blair, Washington°County,
Nebraska, The City of Blair has an engineering agreement for the design of new facility that was
approved by the Blair City Council on the 24" clay of June, 2014 with'Tlie Clark Enersen Partners for
engineering services.
The City of Blair elects to assign the City's rights and obligations under the engineering
agreement to the Blair Public Library Foundation.
This assignment is made as of July 15"', 2015 by The City of Blair, hereinafter called Assignor,
the Blair Public Library Foundation, whose President and Authorized Representative is JoEllen
Maras hereinafter called Assignee(s).;
For and in consideration of the mutual covenants contained in this Agweinent, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Pursuant to Assignor assigns and transfers to Assignee all rights and obligations pursuant to the
following documents which are attached hereto;
L Engineering Agreement dated June 23, 2014 (Exhibit A) and supplemental
agreement dated October 10"i, 2014 (Exhibit B). Except that the Assignor shall
be responsible for payment of costs for design, bidding, acid Construction
Management for the paving of Civic Dr as outlined on Exhibit C,
2, Assignee shall reimburse Assignor for all costs accrued for invoices I through 10
in the sum of $3',03,444.43, (Design pees of $299,366.26 and reimbursable
expenses of $4,078.17.)
3. Assignee shall then be billed directly by Clark Enersen Partners for any additional
invoices for the balance of fees to be eat -tied.
4, Upon closeout of Civic Drive paving contract by Assignor, Assignor shall
reimburse Assignee the sum of $9,800 per Exhibit C for all design and
construction management related to Civic Drive parsing.
Assignees shall be subject to all the conditions and terms contained in the documents attached
hereto until the term of each agreement expires.
Assignor covenants that it is'the lawful and sole owner of the interest assigned hereunder;
Assignees agree to pay all payments due after the effective date of this Assignment, and to
assume and perform all duties and obligations required by the terms of the agreements.
This Agreement shall be governed by, construed, and enforcedin accordance with the laws of
the State of Nebraska.
U, nless provided herein to the contrary, any notice provided for or concerning this Agreement
shall be in writing and shall be, deemed sufficiently given when seat by certified or registered
mail if sent to the following address of each party;
Blair Public Library Foundation
210 South 17`1' Street
Blair, NE 68008
City of Blair
c/o City Administrator'
218 South 16th Street
The Clark Enersen Partners
1010 Lincoln Mall, Suite 200
Lincoln, NE 68508
IN WITNESS WHEREOF, the parties have executed this AAssigainent as of the day and
year first above written.
DATED this "4-5 day of _ - , 2015.
01IMaras, President Date
Ja s Realph, Mayor of Blair Date
STATE OF NEBRASKA )
} ss.
COUNTY OF WASHINGTON )
On this 2 6 day ofy s`, 2015, before rite appeared JoEllen Maras, -
President of the Blair Public Library ` oundation, to me personally known, who, being duty
sworn, did say that she is authorized to execute the foregoing instruillent on behalf of said entity
and acknowledged to me that she executed the same for the purposes therein stated.
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IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written:
My commission expires
STATE OF NEBRASKA
COUNTY OF WASHINGTON
t
Notary Public
BRENDA R WHERE
On this Z5 day of _ (�4 A"2015, before me appeared James
Realph; Mayor of the City of Blair, ,Nebras a, to me personally known, who, being duly sworn
did say that he is authorized to execute the foregoing instrument on behalf of said entity an
acknowledged to me that he executed the same for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
922C Notary
Public
Consent of The Clark Enersen Partners
The Clark Enersen Partners consents to the above Assignment of rights and obligations of
the Engineering Agreement executed on ,,-)uv)e 2 31 io1 i� (date). The Clark Enersen
Partners understands that Assignees shall perform all duties and obligations as set forth herein or
otherwise required in Exhibit A.
Witness my signature this the 2�S day of NU C1�� 29 J
k EnersenPartners
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