CTR068900_Contract_Amendment_Summary_Two__2_.pdf

ARIZONA DEPARTMENT OF TRANSPORTATION

1739 W. Jackson Street, MD 100P

Phoenix, AZ 85007 602.712.7211

Contract Amendment Summary CONTRACTOR: Effem Corp CTR062309 AMENDMENT NO.: Two (2)

DESCRIPTION: Landscape and Utility Vehicles, Trailers and Equipment

Rev. 04/2020

Procurement

Pursuant to the Uniform Terms and Conditions, Section 5, Contract Changes, the above referenced contract is amended. Summary of changes is as follows:

1. In accordance with Uniform Terms and Conditions, Section 5.3, Assignment and Delegation, effective January 8, 2024, the Department hereby assigns the above referenced contract to Sunbelt Rentals, Inc. Attn: Russell Krietemeyer, 930 E. Fort Lowell, Tucson, AZ 85719

2. The assigned contract number is changed to: CTR068900.

3. All other terms, conditions and provisions of this contract remain unchanged.

javascript:void('0') javascript:void('0')

1799 Innovation Pt. Fort Mill, SC 29715 Phone: 866-786-2358 Fax: 803-578-6850

January 4, 2024

Patrick Breazeale Senior Procurement Specialist Arizona DOT 1655 W Jackson St Phoenix, AZ 85007

Re: Assignment of Agreements CTR062309 and CTR066394

Mr. Breazeale:

As discussed, Sunbelt Rentals, Inc. has recently acquired the assets of A to Z Equipment Rentals. The closing of that purchase of assets occurred on November 3, 2023. Included in that acquisition were the two contracts that A to Z had in place with the State of Arizona and more specifically with the AZDOT:

- Contract # CTR062309 for Landscape & Utility Vehicles, Trailers & Equipment

- Contract # CTR066394 for Heave Equipment Rentals Non Operated

The Consent of Assignment for each of those contracts were finalized on December 18, 2023.

Copies of the Notice of Closing and the Consent to Assignment are attached hereto for reference. Please feels free to reach out if there are any questions or concerns.

Respectfully, Stephanie L. Ransone, Senior Contract Manager Sunbelt Rentals, Inc.

Contract Department

Attachments: Notice of Closing Consent to Assignment of CTR062309 Consent to Assignment of CTR066394

PPAB 9873359v2

NOTICE OF CLOSING

THIS NOTICE OF CLOSING (this “Notice of Closing”) is made as of the 3rd day of November, 2023 between Sunbelt Rentals, Inc., a North Carolina corporation (“Buyer”), and EFFEM Corporation, an Arizona corporation d/b/a A to Z Equipment Rentals & Sales (“Seller”).

W I T N E S S E T H:

Reference is made to that certain Asset Purchase Agreement dated as of the date hereof (the “Purchase Agreement”), among Buyer, Seller, and the shareholders of Seller pursuant to which Buyer acquired substantially all of the assets of Seller related to Seller’s equipment rental and sales business.

As of the date of this Notice of Closing, the parties to the Purchase Agreement hereby acknowledge that the transactions contemplated by the Purchase Agreement have been consummated and closed and the Acquired Assets, as defined in the Purchase Agreement, of Seller have been transferred to Buyer.

This Notice of Closing may be executed in any number of counterparts, by original, facsimile, electronic or .pdf file signatures, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument.

[Remainder of Page Intentionally Left Blank; Signature Page Follows]

Our True North: Safely Home

Consent to Assignment

ARIZONA DEPARTMENT OF TRANSPORTATION

1739 W. Jackson St. | Suite A, MD 100P | Phoenix, AZ 85007 | azdot.gov

Rev. 04/2020

Katie Hobbs, Governor Jennifer Toth, Director

Procurement

CTR062309

Landscape & Utility Vehicles, Trailers & Equipment

Effem Corp - Dba A To Z Equipment Rentals & Sales, hereinafter referred to as the "ASSIGNOR," hereby represents and warrants that the ASSIGNOR desires to assign CTR062309 for Landscape & Utility Vehicles, Trailers & Equipment , hereinafter the “CONTRACT” to Sunbelt Rentals Inc, hereinafter referred to as the "ASSIGNEE

ASSIGNOR warrants and represents ASSIGNOR has full right and authority to transfer the CONTRACT and the contract rights upon execution of this document.

THEREFORE, essential to the DEPARTMENT consenting to the assignment of the Contract from ASSIGNOR to ASSIGNEE, ASSIGNOR and ASSIGNEE represent, warrant, and agree with the DEPARTMENT to the following statements:

1. ASSIGNEE represents and warrants that:

(a) it has read and understands the terms and conditions of the Contract;

(b) it has thorough knowledge of all work performed by ASSIGNOR under the Contract; and

(c) any remaining work under the Contract can and shall be performed in a timely and satisfactory manner for the remaining Term of the Contract.

2. ASSIGNOR warrants and represents that the CONTRACT is in full force and effect and is fully assignable.

3. ASSIGNOR and ASSIGNEE hereby acknowledge and agree with the DEPARTMENT that upon the date of signatures that neither ASSIGNOR nor ASSIGNEE have basis for filing any claim against the DEPARTMENT in connection with the CONTRACT; and that no event has occurred which itself constitutes or would in the future constitute a default under the terms of the CONTRACT.

4. ASSIGNEE understands and agrees that it shall assume and be responsible for all obligations of ASSIGNOR under the CONTRACT, including but not limited to those pertaining to the quality and workmanship of all work performed by ASSIGNOR, and shall fully warrant such work in accordance with the requirements of the CONTRACT.

5. ASSIGNOR hereby releases and discharges the DEPARTMENT from any and all claims and liabilities relating to or arising out of the CONTRACT. Further, ASSIGNOR understands and agrees that this consent shall not relieve ASSIGNOR of any of the obligations to be observed and performed by ASSIGNOR under the CONTRACT and that this consent shall not be construed as a waiver or limitation of any right the DEPARTMENT has or may have against ASSIGNOR, and all rights of the DEPARTMENT under the CONTRACT and/or under the law are expressly reserved.

As witnessed below the ASSIGNOR and ASSIGNEE have executed this Agreement.

ASSIGNOR: Effem Corp - Dba A To Z Equipment Rentals & Sales

By:

Authorized Representative Signature Date

Printed Name / Title

ASSIGNEE: Sunbelt Rentals Inc

Authorized Representative Signature Date

Printed Name / Title

The DEPARTMENT hereby consents to this Assignment, effective as of this Day of , 20 .

DocuSign Envelope ID: DDFD08D4-26B7-482D-ADA2-3AAEF9FF87EA

Doug Dickerson

12/18/2023

Sales Manager

Stephanie L.

Ransone

Senior Contract Manager

12/18/2023

2318th December

THE DEPARTMENT OF TRANSPORTATION,

Pamela Veal, Procurement Manager

DocuSign Envelope ID: DDFD08D4-26B7-482D-ADA2-3AAEF9FF87EA