HomeMy WebLinkAboutC-8507-6A - Assignment and Assumption Agreement (for PSA for Fire and Life Safety Plan Review Services)Q
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BETWEEN THE CITY OF NEWPORT BEACH, CALIFORNIA, PACIFIC FIRE
ENGINEERING, INC. AND FNS PREVENTION GROUP, LLC
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THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment") is made
and entered into as of this 25th day of September, 2017 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), PACIFIC FIRE ENGINEERING INC., a California corporation
("Assignor"), whose address is 4214 Floyd Drive, Corona, California 92833, and FNS
PREVENTION GROUP, LLC, a California limited liability company ("Assignee"), whose
address is 25100 Vista Murrieta Road, Apartment 1224, Murrieta, California 92562, and
is made with reference to the following:
RECITALS
A. On September 1, 2017, Assignor, entered into a Professional Services
Agreement ("Agreement") with City to provide City with fire and life safety plan
review services.
B. On September 8, 2017, Assignor requested City assign Assignor's rights and
obligations under the Agreement to Assignee.
C. The parties desire to enter into this Assignment to assign all of Assignor's rights,
title and interest in and obligations under the Agreement to Assignee.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. ASSIGNMENT
As of the Effective Date, Assignor hereby assigns to Assignee all of Assignor's
rights, title and interest in and obligations under the Agreement. Assignee hereby
accepts such assignment and hereby assumes, agrees and undertakes to perform all
obligations of Assignor pursuant to the Agreement, as of the Effective Date. Any
reference to Assignor in the Agreement shall be deemed to be a reference to Assignee.
As of the Effective Date, Assignor shall have no further rights of any kind
whatsoever under the Agreement.
2. CITY CONSENT TO ASSIGNMENT
Pursuant to Section 15 of the Agreement, City hereby consents to and approves
of this Assignment.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Assignment to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California m nicipaI corporation
Date: Date: % L S 2,-2(7-
By:
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By: L By: o
Aaron C. Ha Seimone Jurjis
City Attorney Community Development Director
ATTEST: qZ /7
Date: 6
By: A& � &43!.�, -
Leilani I. Brown
City Clerk
ASSIGNOR: PACIFIC FIRE ENGINEERING
INC., a California corporation
Date: 9 � Z G -/7
Bm( w�
Steven P. Biship
President / Secretary
ASSIGNEE: FNS PREVENTION GROUP,
LLC, a alifornia limitability company
Date: ,
By:
To-dd Daniel Letterman
Sole Member
[END OF SIGNATURES]
ASSIGNMENT AND ASSUMPTION AGREEMENT Page 2