Loading...
HomeMy WebLinkAboutC-8480-2A - Assignment Agreement for (On-Call M/RSA for Building Maitenance and Repair Services)11QO V ASSIGNMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND GRAVES CONSTRUCTION GROUP SERVICES, INC. THIS ASSIGNMENT AGREEMENT ("Assignment') is made and entered into as of this 11th day of March 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") and GRAVES CONSTRUCTION GROUP SERVICES, INC. a California corporation ("Graves Construction"), whose address is 3629 W. MacArthur Blvd., Suite 202, Santa Ana, California 92704, and is made with reference to the following: RECITALS A. On May 9, 2017, City and Anthony Graves, a sole proprietor doing business as ("DBA") Graves Construction ("Anthony Graves"), entered into an On -Call Maintenance/Repair Services Agreement ("Agreement') for the performance of on-call maintenance and/or repair services for City ("Project'). B. Pursuant to the Agreement, the term commenced on May 9, 2017 and shall terminate on April 30, 2020, unless terminated earlier as set forth in the Agreement. F. The parties desire to enter into this Assignment to assign the rights under the Agreement from Anthony Graves to Graves Construction. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: ASSIGNMENT As of the Effective Date of this Assignment, Graves Construction hereby accepts such assignment and hereby assumes, agrees and undertakes to perform all obligations of Anthony Graves pursuant to the Agreement as of the Effective Date. Any reference to Anthony Graves in the Agreement, shall be deemed to be a reference to Graves Construction. As of the Effective Date of this Assignment, Anthony Graves shall have no further rights of any kind whatsoever under the Agreement. 2. CITY CONSENT TO ASSIGNMENT Pursuant to Section 17 of the Agreement, City 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. 4. COUNTERPARTS This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Grave Construction Assignment Agreement Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement on the date first above written. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3y" ( % By: ron C. Harp KW.) S•3•1ry City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Gr c K. Leung CityManager GRAVES CONSTRUCTION GROUP SERVICES, INC., a California corporation Date: d4� ;signed in Counterpart By: By: Leilani I. BrovM Anthony Graves City Clerk Chief Executive Officer Date: 0 Signed in Counterpart Jasmine I. Graves Chief Financial Officer ANTHONY GRAVES, a sole proprietor doing business as ("DBA") Graves Construction Date: I hereby consent to the above Assignment. By: Signed in Counterpart Anthony Graves Sole Proprietor [END OF SIGNATURES] Graves Construction Assignment Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement on the date first above written. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: A./ ( 9 By: It,- ron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation M Grace K. Leung City Manager GRAVES CONSTRUCTION GROUP SERVICES, INC., a California corporation Date: 03/13/2019 By: By:ata4,ae, Leilani I. Brown Anthony (36\(4s City Clerk Chief Executive Officer Date:_ 03/13/2019 By: nn� Ly2(Lu- J#mine I. Gra es Chief Financial Officer ANTHONY GRAVES, a sole proprietor doing business as ("DBA") Graves Construction Date: 03/12/2019 I hereby consent to the above Assignment. By:_.Ar>� Anthony Wai6s Sole Proprietor [END OF SIGNATURES] Graves Construction Assignment Agreement Page 3