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#08-5100 Assumption Agreement (PK Group/Allegra) ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of _Ja." u...., r <1 (2... , 20] 0, by and between The PK Group, Inc. d/b/a Allegra ("Allegra") and Collier County, a political subdivision ofthe State of Florida ("County"). WHEREAS, on November] 8,2008, the Collier County Board of County Commissioners entered into an Agreement with Naples Printing, Inc. ("Naples Printing"), for an annual contract for all Collier County printing and copying services (attached hereto as Exhibit A, and hereinafter referred to as the" Agreement"); and WHEREAS, Allegra hereby represents to Collier County that by virtue of an asset purchase agreement Allegra is the successor in interest to Naples Printing, in relation to the Agreement; and WHEREAS, the parties wish to formalize Allegra's assumption ofrights and obligations under the Agreement effective as of the date first above written NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Allegra accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Allegra will promptly deliver to County evidence of insurance consistent with Section IX of the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Contractor shall be directed to: CONTRACTOR: The PK Group, Inc. d/b/a Allegra Attention: Paul J. Kessen 3930 Domestic Avenue Naples, FL 34104 5. The County hereby consents to Allegra assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Allegra as the Contractor for all purposes under the Agreement. 1 IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. COLLIER COUNTY: A~~~ ~/?\~ii;~'c~:OCK' Clerk. ( :.~~~ ': . AU.tst~~~G!fiill".. . 41!1"a~~~)lIlIl' . ~ ; < , :~~77'.k~ Paul 1. Kessen ;; <II 7.- 1J 10 / / Date: d legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1ft did Donna Fiala' CHAIRMAN Attest:~~ ~ k~~ Corporate Secretary Date: / / '1/.;2 6f 0 I / 2 Item# I (PRD ~~:,da ho eputyClerk ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID KR I DAlE (MMIDDIYYYY) ALLEG-3 oJ./n/J.o PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oswa~d Trippe and company, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR F. O. Box 60J.39 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Myers FL 33906-6J.39 Fhone:239-433-4535 Fax:239-433-4J.48 INSURERS AFFORDING COVERAGE NAlC # INSURED INSURER A Bankers Insurance Company 33J.62 INSURER B Hartford Insurance Company J.9628 Alle~ra Print & Imaging INSURER C US Liability Insurance The K Group Ine -. 3930 Domest~c Avenue INSURER D NapJ.es FL 34J.04 INSURER E COVERAGES TIlE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIlE INSUR2D NAMED ABOVE FOR TIlE PJlICY PERIOD INDICATED. NOTWITIlSTANDING ANY REQUIREME~rr. TERM OR CONDITION OF ANY CONTRACT JR 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, AGGREGATE LIMITS SHOWN w..y HAVE BEEN REDUCED BY PAID CLAIMS Ilr,; lN~~~ lYPE OF INSURANCE POLICY NUMBER -DATE (MM/DD1YY) DATE (MMIODIYY) LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ J.,OOO ,000 A X 090004979337600 09/J.5/09 09/J.5/J.0 '0 $J.OO,OOO X COMMERCIJ\L GENERJ\L LIABILITY PREMISES (Ea occurence) I CLAIV1S Mt\OE ~ OCCUR MED EXP (Anyone person) $ 5,000 I- PERSONAL & ADV INJURY $1,000,000 GENERJ\L AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG . J.,OOO,OOO I ,nPRO. n POLICY JEer LOC AllTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ J.,OOO,OOO B ~ ANY AUTO 2J.UECJBJ.094 09/J.5/09 09/J.5/J.0 (Ea acc,dent) f-. ALL OWNED AuTOS BODILY INJURY - $ SCHEDULED ,4)jTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AU~OS (Per accident) I- PROPEWY DAMAGE . (Per accident) RRAGE '''''1L1lY AUTO ONL Y - EA ACCIDENT $ A"JY AlJTO OTHER THAN EAACC . AUTO ONL Y AGG $ OESS/UMBRELLA LlABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE ~~GR::GATE $ I $ R DEDUCTIBLE . RETENTION $ $ WORKERS COMPENSATION AND l-~h~R'y LIMITS livER EMPLOYERS' LIABILITY 09/J.5/09 09/J.5/J.0 B ANY PROPRIETORlPN<TNER/EXECUTIVE 2J.WECZH4349 E L EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? EL DISEASE- EA EMPLOYEE '500,000 IfY9s,descriMundor $500,000 SPECIAL PROVISIONS below EL DISEASE- POLICY LIMIT OTHER C Printers E&O SPJ.0J.84J.J. 09/J.5/09 09/J.5/J.0 Per Claim $J.,OOO,OOO Aggreqate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS Collier County Board of County Commissioners is an additional insured for Commercial General Liability only as their interest may appear. CERTIFICATE HOLDER CANCELLATION COL3301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of County Commissioners 3301 East Tamiami Trail NapJ.es lIT. 34J.J.2 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHOR EPRESENTAT ACORD 25 (2001/08) @ACORDCORPORATlON1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)