ASSIGNMENT AND ASSUMPTION AGREEMENTASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assurnption Agreement (this "Assignment'� is dated January �,
2013, by and among Florida Gas & Electric Corporation, a Florida corporation ("Assignor'�,
and Florida Gas Contractors, Inc. a Florida corporation ("Assignee'�. Assignor and Assignee
agree as follows:
1. Assigmnent and Assumption. Assignor hereby assigns to Assignee all of
Assignor's right, title, and interest in that certain contract for the Ir�.stallation of Gas Mains,
Service Lines and House Piping at Various Locations, dated February 1, 201 l, between Assignor
and the City of Clearwater, Florida, ("City") and that certain contract for the Replacement of
Antiquated Gas Mains, Gas Meters and Piping Connections to Customer House Piping and
Reestablishment of Gas Service at Various Locations, dated April 1, 2012, between Assignor
and the City of Clearwater, Florida, copies of which are attached to this Assignment as Eachibit
uA" (together, the "Agreements'�, and Assignee hereby assumes and agrees to satisfy and
discharge, as the same become due, all of the obligations under the Agreements arising on or
after the effective date of this Assignment.
2. Further Assurances. Assignor and Assignee agree to execute such further and
other assurances and to do such other acts as each party, and the City may reasonably reqnire to
implement the intentions of this Assignment. Assignor and Assignee confirm to the City of
Clearwater, Florida, that each of the shareholders and Officers of Assignor as of January l, 2013,
became shareholders and Officers of Assignee as of January 1, 2013, with the intention, among
others, that Assignee would perform and fulfill Assignor's obligations under the Ageements.
3. Benefits; Bindin� Effect. This Assignment shall inure to the benefit of, and shall
be binding upon, Assignor and Assignee and their respective successors and assigns. T'his
Assignment will become effective upon the execution by the City af Clea.rwater, Florida, of the
Consent to Assignment that is attached to this Assignment.
4. Counterparts. This Assignment may be executed in two or more counterparts,
each of which shall be deemed an original and all of which together shall constitute but one and
the same instrument. The signatures to this Assignment need not all be on a single copy of this
Assignment, and may be facsimiles rather than originals, and shall be fully as effective as though
all signatures were originals on the same copy.
ASSIGNOR:
FLORIDA G & ELEC C CORPORATION
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Name: Kevin P. Bohne
Title: President
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ASSIGNEEr
FLORID S CTORS, INC.
By:
Name: Kevin P. Bohne
Title: President
CON5ENT TO ASSIGNMENT
The City of Clearwater, �torida, consents to the foregoing assignment and assumption by,
Florida Gas & Electric Corporation, a Florida corporation, to, Florida Gas Contractors, Inc.
a Florida corporalion.
Countersigned:
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George N. Cretekos
Mayor
Approved as to form:
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Lipowski Mahony
Assistant City Attomey
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CITY OF CLEARWATER, FLORIDA
By: � � , �'
Wi liam B. Horne, II
City Manager
Attest:
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Rosemarie Call
City Clerk
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