HomeMy WebLinkAboutC21-083 Daly Property ServicesASSIGNMENT OF AGREEMENT This Assignment of Agreement (this “Assignment”) is made and entered into this ______________, by and between Daly Property Services, Inc. (“Assignor”) and Gunsight Holdings, LLC d/b/a Daly Property Services (“Assignee”). WHEREAS, Assignor is a party to that certain General Services Agreement dated February 19, 2020 and the First Amendment dated March 8, 2021 between Assignor and Eagle County (the “Agreement”); and WHEREAS, Assignor desires to assign to Assignee all of Assignor’s rights and obligations under the Agreement and Assignee agrees to the assignment of such rights and the assumption of such obligations. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1.Assignor hereby assigns and conveys to Assignee all of its rights and obligations under the Agreement and represents to assignee that Assignor has not previously assigned such rights and obligations. Assignee hereby accepts such assignment and specifically assumes and agrees to perform timely Assignor’s obligations pursuant to the Agreement as of the date of this Assignment. 2.This Assignment shall be governed under the laws of the State of Colorado, and the parties agree that the venue is proper in the District Court of Eagle County, Colorado. 3.The parties consent to the use of facsimile and electronic signatures and hereby agree that such signatures shall have the full force and effect of original written signatures. 4.This Assignment may be executed in counterparts, which when taken together, shall constitute the entire agreement of the parties. 5.This Assignment is binding upon and inures to the benefit of the respective successors and assigns of all parties hereto. ///REMAINDER OF PAGE INTENTIONALLY LEFT BLANK/// DocuSign Envelope ID: A68A2196-AB2F-4567-9218-597EA95B63E8 3/17/2021 C21-083 EXECUTED, by the parties hereto on the day and the date first above written. ASSIGNOR: Daly Property Services, Inc. By: Its: ______________________________________ ASSIGNEE: Gunsight Holdings, LLC d/b/a Daly Property Services By: Its: ______________________________________ ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT Eagle County, Colorado hereby acknowledges and consents to the assignment of that certain General Services Agreement dated February 19, 2020 and the First Amendment dated March 8, 2021 from Daly Property Services, Inc. to Gunsight Holdings, LLC d/b/a Daly Property Services. EAGLE COUNTY, COLORADO By and through its COUNTY MANAGER By:_________________________________ Jeff Shroll, County Manager DocuSign Envelope ID: A68A2196-AB2F-4567-9218-597EA95B63E8 President Owner ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/11/2021 (970) 945-9111 (970) 945-2350 21415 Gunsight Holdings, LLC dba Daly Property Services PO Box 2419 Basalt, CO 81621 41190 1 A 1,000,000 X 6X29623 2/1/2021 2/1/2022 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A X 6X29623 2/1/2021 2/1/2022 1,000,000A 6X29623 2/1/2021 2/1/2022 1,000,000 10,000 B 4228462 2/1/2021 2/1/2022 1,000,000Y1,000,000 1,000,000 Certificate holder, and others as required by written contract, are named as additional insured with respect to general liability, including ongoing and completed operations coverage, if required by written contract. Certificate holder, and others as required by written contract, are named as additional insured with respect to auto liability, if required by written contract. Eagle County PO Box 850 Eagle, CO 81631-0850 GUNSHOL-01 CATHYS Mountain West Insurance - Glenwood 201 Centennial St 4th Floor Glenwood Springs, CO 81601 Cathy Stewart Employer's Mutual Casualty Company Pinnacol Assurance 1 XX X X X X X X X DocuSign Envelope ID: A68A2196-AB2F-4567-9218-597EA95B63E8 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ± OWNERS, LESSEES OR CONTRACTORS ± AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS ± PRIMARY AND NONCONTRIBUTORY CG7174.3(10-13) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II ± Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for ³bodily injury´, ³property damage´ or ³personal and advertising injury´ caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of: a. your ongoing operations for the additional insured; or b. ³Your work´ for the additional insured and included in the ³products ± completed operations hazard´. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to ³bodily injury,´ ³property damage´ and ³personal and advertising injury´ arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by the insured, if the ³occurrence´ which caused the ³bodily injury´ or ³property damage´, or the offense which caused the ³personal and advertising injury´, involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III ± Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. E. All other terms and conditions of this policy remain unchanged. DocuSign Envelope ID: A68A2196-AB2F-4567-9218-597EA95B63E8 DocuSign Envelope ID: A68A2196-AB2F-4567-9218-597EA95B63E8 DocuSign Envelope ID: A68A2196-AB2F-4567-9218-597EA95B63E8 DocuSign Envelope ID: A68A2196-AB2F-4567-9218-597EA95B63E8 DocuSign Envelope ID: A68A2196-AB2F-4567-9218-597EA95B63E8 DocuSign Envelope ID: A68A2196-AB2F-4567-9218-597EA95B63E8