HomeMy WebLinkAboutC-8480-2A - Assignment Agreement for (On-Call M/RSA for Building Maitenance and Repair Services)11QO
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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