Loading...
HomeMy WebLinkAboutC-7132-2A - Assignment Agreement (for PSA for Consulting/Planning Services)ASSIGNMENT AGREEMENT r, BETWEEN THE CITY OF NEWPORT BEACH AND SAGECREST PLANNING AND ENVIRONMENTAL U THIS ASSIGNMENT AGREEMENT ("Assignment') is made and entered into as of this 5th day of March, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") and SAGECREST PLANNING AND ENVIRONMENTAL, a California corporation ("Corporation"), whose address is 2400 E. Katella Avenue, Suite 800, Anaheim, California 92806, and is made with reference to the following: RECITALS A. On April 1, 2019, City and Sagecrest Planning and Environmental, LLC, a California limited liability company ("LLC') entered into a Professional Services Agreement for consulting and planning services for the processing of various entitlement applications, commencing on April 1, 2019, and terminating on June 20, 2020 ("Agreement'). B. Pursuant to the Agreement, City agreed to compensate LLC for services on a time and expense basis, not to exceed Seventy Five Thousand Dollars and 00/100 ($75,000.00). C. On October 22, 2019, City and LLC entered into Amendment No. One to the Agreement, increasing the total compensation to Two Hundred Seventy Five Thousand Dollars and 00/100 ($275,000.00), and extending the term of the Agreement to June 30, 2021. C. The parties desire to enter into this Assignment to assign the rights under the Agreement from LLC to Corporation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. ASSIGNMENT As of the Effective Date, Corporation hereby accepts such assignment and hereby assumes, agrees and undertakes to perform all obligations of LLC pursuant to the Agreement as of the Effective Date. Any reference to LLC and/or Consultant in the Agreement, shall be deemed to be a reference to Corporation. As of the Effective Date, LLC 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 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] Sagecrest Planning and Environmental 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: By: toC. Harprney ATTEST: Date: 3, 10 202.0 CITY OF NEWPORT BEACH, a California municipal corporation Date: 3-&`20 By: Gra e . Leung Ci anager SAGECREST PLANNING AND ENVIRONMENTAL, LLC, a California limited liability company Date: By: a4to By: Signed in Counterpart Leilani I. Brown Amy Vazquez City Clerk Member Date: Signed in Counterpart Greg McCafferty Member SAGECREST ENVIRONMENTAL, corporation In PLANNING AND a California Signed in Counterpart Amy Vazquez Chief Executive Officer Signed in Counterpart By: Greg McCafferty Secretary [END OF SIGNATURES] Sagecrest Planning and Environmental 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: S /S' j 2re—.) By: AaronHarp 3 s•� City At. rney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager SAGECREST PLANNING AND ENVIRONMENTAL, LLC, a California limited liabilityco n Date: 3 �! By: v Amy Va4e Member Date: Member SAGECREST PLANNING AND ENVIRONMENTAL, a California corporatio 6 Date: By: Da -01 Amy V"Z ue Chief Executi ff er [END OF SIGNATURES] Sagecrest Planning and Environmental Assignment Agreement Page 3