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HomeMy WebLinkAboutC-5271(A) - Assignment Agreement regarding Independent Contractor Recreation Instructor AgreementC-1 ASSIGNMENT AGREEMENT REGARDING THE INDEPENDENT CONTRACTOR RECREATION INSTRUCTOR AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND CORAL BAY HOME LOANS THIS ASSIGNMENT AGREEMENT ("Assignment") is made and entered into as of this 23'd day of March, 2016, ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") and CORAL BAY HOME LOANS, a California corporation doing business as ("DBA") SKATEDOGS ("Contractor"), whose address is 276 Ximeno Avenue, Long Beach, CA 90803, and is made with reference to the following: RECITALS A. On January 1, 2015, City and Adam Cohen, sole proprietor, entered into that certain Independent Contractor Recreation Instructor Agreement ("Agreement"), for Adam Cohen, sole proprietor to provide the classes or programs in Extreme Sports ("Class" or "Program"). B. On March 8, 2016, Adam Cohen, sole proprietor, requested that the City assign Adam Cohen's rights and obligations under the Agreement to Contractor. C. The parties desire to enter into this Assignment to assign the rights under the Agreement from Adam Cohen, sole proprietor, to Contractor. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. ASSIGNMENT As of the Effective Date, Adam Cohen, sole proprietor, hereby assigns to Contractor, all of the rights, title and interest in and obligations of Adam Cohen, sole proprietor under the Agreement. Contractor, hereby accepts such assignment and hereby assumes, agrees and undertakes to perform all obligations of Adam Cohen, sole proprietor, pursuant to the Agreement as of the Effective Date. Any reference to Adam Cohen, sole proprietor, in the Agreement, shall be deemed to be a reference to Contractor. As of the Effective Date, Adam Cohen, sole proprietor shall have no further rights of any kind whatsoever under the Agreement. 2. CITY CONSENT TO ASSIGNMENT Pursuant to Section 4.3 of the Agreement, City approves of this Assignment. CORAL BAY HOME LOANS Page 1 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] CORAL BAY HOME LOANS Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: '5 I 16 Date: 145 • LU By: By. Aaron C. Harp L ur Detweiler City Attorney �,'��� R ation & Senior Services Director ATTEST:/� Date: (� By: eilani I. Brown City Clerk , �� CORAL BAY HOME LOANS CONTRACTOR: CORAL BAY HOME LOANS, a California Corporation DBA Skatedog� Date: 3 (1 I -z - J/. Adam Cohen Chief Executive Officer/ Secretary/ Chief Financial Officer AGREED: ADAM COHEN, sole proprietor Date: � Z 3 / / 6 By: , Z_— Adam Cohen Sole Proprietor [END OF SIGNATURES]