Loading...
HomeMy WebLinkAboutASSIGNMENT BETWEEN AUGUSTA, GEORGIA AND INMAN SOLAR INCORPORATED FOR SOLAR POWER FACILITY AT 1941 PHINIZY ROAD STATE OF GEORGIA ) COUNTY OF RICHMOND ) ASSIGNMENT THIS ASSIGNMENT (this "Assignment') is made as of this 3/4) day of Aj,, 2016, by and between Augusta, Georgia, a political subdivision of the state of Georgia ("Augusta")and Inman Solar Incorporated ("Inman"), a Georgia corporation. RECITALS WHEREAS, Augusta has entered into Georgia Power Company's Advanced Solar Initiative-Prime Distributed Generation Solar Agreement (GPC-22010) (the "Agreement"), as executed on April 21, 2016 and Interconnect Agreement ("IA"), for the development, construction, and operation of a solar power facility for power generation located at 1941 Phinizy Road,Augusta, Georgia; WHEREAS, Section 9 of the Agreement provides that Augusta may assign its rights, obligations, and responsibilities under the Agreement and IA with Georgia Power's written consent; WHEREAS, Augusta has received said written consent to its assignment, and desires to assign the Agreement and IA to Inman; NOW, THEREFORE, and in consideration of the foregoing recitals, which are incorporated herein, the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Augusta hereby assigns, transfers, and delivers to Inman all of Augusta's rights, responsibilities, and obligations as provided in the Agreement and IA. 2. Inman hereby agrees to assume all of Augusta's obligations set forth in the Agreement and IA, and hereby agrees that this shall constitute: (a)an acceptance and assumption of the obligations set forth in the Agreement; and (b) a release and discharge by Georgia Power of Augusta, with respect to such obligations from and after the effective date of assignment. 3. Inman further agrees that if Inman decides to further assign this Agreement and IA, Inman shall be responsible for all costs, expenses, and fees associated with the assignment; however, there shall be no further assignment of the Agreement and IA without prior written consent of Augusta. 4. Except as provided herein, the Agreement shall remain in full force and effect. 5. This agreement shall be binding upon and inure to the benefit of the parties, their successor, assigns and personal representatives. IN WITNESS WHEREOF,the parties hereto have entered into this Consent as of the date first above written, intending to be legally bound hereby. AUGUSTA, GEORGIA INMAN Sb • R I/C i 'PORATED Name: .011107 )11: By. AA Aciii i9 Y 4ee .Dq Wf/�(/ (�.�• Name: vir ......-.../..__41,..,_1//t//f� Title: C9/e1.)- -- Title: _ _. _. 4: _ t.' i ti A jest: / /%f�-����' `<, � s �� / m Sworn to .nd subscribe before me this 3 ® — Le,. *'j o ® .. r. `P % � � day of !.c ,2016. Idg s 5^ .`f s.k YI ff i i'_ ® • ' Notary Public p` r A,ii" +�Alttrf� s .000i P /8)::.; x '1';'." Imo ••.., '/411oI111&,`