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HomeMy WebLinkAboutAssignment and Assumption Agreement and Consent to Assignment and Assumption AgreementDocwign Envelope ID: F5690IDB-B262-890C8 D2-088852669E18 ASSIGNMENT AND ASSUMPTION AGREEMENT AND CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment"), is entered into on this day of 2026, with a retroactive effective date of October 3, 2025 ("Effective Date") by and betwee ttoli ra mg Corp., a Florida corporation, d/b/a Bettoli Vending ("Operator/Assignor"), whose principal corporate address is 6095 N.W. 16r Street, Suite D, Miami, Florida 33015, and Compass Group Use, Inc., a Delaware corporation, d/b/a Canteen Vending Services ("Operator/Assignee'), whose principal corporate address is 2400 Yorkmont Road, Charlotte, NC 28217. WITNESSETH, that for valuable consideration in hand paid by Operator/Assignee to Operator/Assignor, receipt of which is hereby acknowledged, Operator/Assignor and Operator/Assignee hereby agree, as follows: 1. Operator/Assignor hereby assigns to OperatodAssignee all rights, interest and obligations in and to that certain Agreement by and between Operator/Assignor and the City of Miami Beach (the "City") dated June 13, 2022, for the operation of snack vending machines at various City -owned properties (the "Agreement"), incorporated herein by reference and attached hereto as Exhibit "A". 2. Operator/Assignee hereby accepts the assignment of the Agreement, assumes and agrees to perform all of the duties and obligations of Operator/Assignor under the Agreement, and further agrees to be personally liable and subject to all conditions and restrictions to which Operator/Assignor is subject to under said Agreement. 3. Notwithstanding the assignment to and assumption by Operator/Assignee of the Agreement, Operator/Assignor shall remain personally liable for the full and faithful performance of the obligation, duties, and liabilities of the Operator (as referenced in the Agreement) under the Agreement, and further waives notice of any default or events of default under the Agreement. 4. Operator/Assignor and Operator/Assignee further agree to remain jointly and severally liable with respect to the Agreement for the entire tens of the Agreement inclusive of the second and final renewal term, expiring on April 30, 2027. 5. Upon execution of this Assignment and the below Consent to Assignment and Assumption of Agreement (the "Consent"), and for purposes of interpreting the Agreement, all references to "Bettoli Trading Corp.", "Bettoli Vending" or "Operator under the Agreement shall hereinafter be deemed to refer to Operator/Assignee. 6. Any future required notices by the City to the Operator under Section 19 of the Agreement shall be deemed duly served upon receipt if mailed to: Compass Group USA, Inc., a Delaware corporation, d/b/a Canteen Vending Services 2400 Yorkmont Road Charlotte, NC 28217 7. The undersigned parties agree that no warranties of any kind whatsoever are made incident to this Assignment. Docusgn Envelope ID: F54997DB-B262-89D"3D2-D88852N9E18 IN WITNESS WHEREOF, the Operator/Assignor and Operator/Assignee have executed this Assignment on the day and year first above written. (Operator/Assignor) BETTOLI TRADING CORP., A FLORIDA CORPORATION, D/B!A BETTOLI VENDING By Print Name: v" 1i , President Attest: -15 PrintN Date: 5A 9lz 6 (OperatorlAssignee) COMPASS GROUP USA, INC., A DELAWARE CORPORATION, DIB/A CANTEEN VENDING SERVICES n Print Name:N t ,President Attest: Print Na e: < Date: (o t 2b CONSENT BY CITY TO ASSIGNMENT AND ASSUMPTION AGREEMENT The undersigned hereby consents to the above Assignment, as authorized pursuant to City Commission Resolution No. , without warranties of any kind whatsoever being made incident to this Consent or the Assignment. Attest: tea. 6ra a a r nado, City Clerk Date: 7/1/2026 14:40 PM EDT CITY OF MIAMI BEACH, FLORIDA Eric T. Carpenter, CityEric T. er, City manager APPROVED AS TO FORM &LANGUAGE & FOR EXECUTION �) CM An T. K 3e