HomeMy WebLinkAboutC-9463-2 - Assignment Agreement (for PSA for Ocean Boulevard Bluff Park Conceptual Designs)LIM
']— ASSIGNMENT AGREEMENT
G- BETWEEN THE CITY OF NEWPORT BEACH AND PSOMAS
i
THIS ASSIGNMENT AGREEMENT ("Assignment") is made and entered into as of
this 26th day of November, 2024 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"),
RABBEN/HERMAN DESIGN OFFICE LTD, a California corporation ("Assignor" or
"Rabben/Herman"), whose address is 833 Dover Drive, Suite 9, Newport Beach, CA
92663, and PSOMAS, a California corporation ("Assignee" or "Psomas"), whose address
is 865 South Figueroa Street, Suite 3200, Los Angeles, CA 90017, and is made with
reference to the following:
RECITALS
A. On November 20, 2023, City and Rabben/Herman entered into a Professional
Services Agreement No. C-9163-1 ("Agreement") for consulting services for the
concept development and final Plans, Specifications and Estimates for landscape
and park improvements for the public areas along Ocean Boulevard in Corona del
Mar between Poppy Avenue and Carnation Avenue ("Project").
B. The parties desire to enter into this Assignment to assign the rights under the
Agreement from Rabben/Herman to Psomas, and amend the Notices section of
the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
ASSIGNMENT
As of the Effective Date, Psomas hereby accepts such assignment and hereby
assumes, agrees and undertakes to perform all obligations of Rabben/Herman pursuant
to the Agreement as of the Effective Date. Any reference to Rabben/Herman and/or
Consultant in the Agreement, shall be deemed to be a reference to Psomas.
As of the Effective Date, Rabben/Herman shall have no further rights of any kind
whatsoever under the Agreement.
2. NOTICES
Section 26.3 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: David Luzuriaga
PSOMAS
865 S. Figueroa St., Suite 3200
Los Angeles, CA 90017
PSOMAS - Assignment Agreement Page 1
3. CITY CONSENT TO ASSIGNMENT
Pursuant to Section 15 of the Agreement, City approves of this Assignment.
4. INSURANCE
Assignee shall deliver, concurrently with execution of this Assignment, proof of
insurance in accordance with Section 14 of the Agreement.
5. 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]
PSOMAS - 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: 1117, 61 Z
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 12112l70Y!'
By: , By:
AarcA C. Harp , '��GlKqeK Leung Lj
City Attorney ����y Manager
ATTEST:
Date: 12.1� ZEi2
By:
Leilani I. Brown
City Clerk
ASSIGNOR: RABBEN/HERMAN
DESIGN OFFICE LTD, a California
corporation
Date:
Signed in Counterpart
Bv:
Daniel Herman
Chief Financial Officer/Secretary
ASSIGNEE: PSOMAS, a California
corporation
Date:
Signed in Counterpart
Bv:
Nicholas Tarditti
Chief Financial Officer
Date:
Signed in Counterpart
Bv:
David Luzuriago
Vice President
[END OF SIGNATURES]
PSOMAS - 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: 11.2 6
By: --(o.
Aaron VHarp
City Attorney
4/z y
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Grace K. Leung
City Manager
ASSIGNOR: RABBEN/HERMAN
DESIGN OFFICE LTD,a California
corporation
Date:
By:
Daniel Herman
Chief Financial Officer/Secretary
ASSIGNEE: PSOMAS, a California
corporation ���/�-
Date: 1
By:
Nicholas arditti
Chief Financial Officer
Date:
Bv:
David Luzuriago
Vice President
[END OF SIGNATURES]
PSOMAS - 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 OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: 114 2= b l ; o 2 �-( Date:
By: By:
Aaron Harp Grace K. Leung
City Attorney '�/ZCity Manager
Y
ATTEST: ASSIGNOR: RABBEN/HERMAN
Date: DESIGN OFFICE LTD, a California
corporation
Date:
By: By:
Leilani I. Brown D n' Herman
City Clerk Chief Financial Officer/Secretary
ASSIGNEE: PSOMAS, a California
corporation
Date:
By:
Nicholas Tarditti
Chief Financial Officer
Date: /(
BUviduzur�ag6
Vice President
[END OF SIGNATURES]
PSOMAS - Assignment Agreement Page 3