HomeMy WebLinkAboutC-7215-2 - Assignment Agreement (for Independent Contractor Agreement Recreation Instructor)N
ASSIGNMENT AGREEMENT
N BETWEEN THE CITY OF NEWPORT BEACH AND
r PACIFIC SURF, LLC
V THIS ASSIGNMENT AGREEMENT ("Assignment') is made and entered into as of
this 14th day of June, 2019 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City") and PACIFIC SURF,
LLC, a California limited liability company ("Contractor'), whose address is 278 Jasmine
Street, Suite 6, Laguna Beach, California, 92651 and is made with reference to the
following:
RECITALS
A. On January 1, 2018, City and Ocean Adventure Programs, Inc., a California
domestic nonprofit corporation, entered into an Independent Contractor
Recreation Instructor Agreement ("Agreement'), to provide the classes or
programs in Surf and Science.
B. On June 12, 2019, Ocean Adventure Programs, Inc., a California domestic
nonprofit corporation requested that the City assign its rights and obligations under
the Agreement to Pacific Surf, LLC, a California limited liability company
("Contractor").
C. The parties desire to enter into this Assignment to assign the rights under the
Agreement from Ocean Adventure Programs, Inc., to Contractor.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
ASSIGNMENT
As of the Effective Date, Ocean Adventure Programs, Inc., hereby assigns to
Contractor, all of the rights, title and interest in and obligations under the Agreement.
Contractor, hereby accepts such assignment and hereby assumes, agrees and
undertakes to perform all obligations of Ocean Adventure Programs, Inc., pursuant to the
Agreement as of the Effective Date. Any reference to Ocean Adventure Programs, Inc.,
in the Agreement, shall be deemed to be a reference to Contractor.
As of the Effective Date, Ocean Adventure Programs, Inc., shall have no further
rights of any kind whatsoever under the Agreement.
2. CITY CONSENT TO ASSIGNMENT
Pursuant to Section 4.3 in 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment
Agreement on the date first above written.
APPROVED AS TO FORM:
CITY ATTQ N Y'��ICE
Date: b
By 1 24
Fbf:Aaron C. Harp ty
City Attorney
ATTEST:
Date:
R MITI
OM 'jW
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: C, - I-) • 19
By: '
orua Detweilereation & Senior Services Director
CONTRACTOR: Pacific Surf, LLC, a California
limited liability company
By: 0, Aj�
Erik Nelsen
Managing Member
AGREED: Ocean Adventure Programs, Inc.,
California domestic nonprofit corporation
Date:
By:
Erik Nelse
Chief Executive Officer
Date:
By:
Jeff n
Secr tary
[END OF SIGNATURES]
Pacific Surf, LLC Page 2