HomeMy WebLinkAboutC-3399(A) - Assignment of Service Agreement for Janitorial Services at Public Restrooms at City Beaches and ParksI .I
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ASSIGNMENT OF SERVICE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
AND A -1 SPINELLI ENTERPRISES
FOR JANITORIAL SERVICES AT PUBLIC RESTROOMS
AT CITY BEACHES AND PARKS
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THIS ASSIGNMENT AGREEMENT is entered into this 1194h day of Jimf4wly
2007, ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation and Charter City ( "CITY"), A -1 Spinelli Enterprises, located at 370 So. Lilac
Court, Anaheim Hills, California 92808 ( "SPINELLI "), and Brisance Enterprises, a sole
proprietorship, located at 11532 Purcell Street, Garden Grove, California 92840
( "BRISANCE "), and is made with reference to the following:
RECITALS
A. On November 14, 2006, CITY and SPINELLI entered into a Janitorial
Services Agreement, hereinafter referred to as "Agreement ", for janitorial
services at public restrooms at CITY beaches and parks. A copy of the
Agreement is attached hereto as Exhibit 1 and incorporated herein by this
reference.
B. On May 18, 2007, SPINELLI requested that the CITY consent to the
assignment of SPINELLI's rights, obligations and liabilities under the
Agreement to BRISANCE.
C. The CITY has reviewed SPINELLI'S request and has determined that it is
in the CITY's interest to consent to the request subject to the terms and
conditions set forth herein.
NOW, THEREFORE, the parties hereto agree as follows:
SPINELLI hereby assigns all of its rights, obligations, and liabilities under
the Agreement to BRISANCE, and BRISANCE hereby accepts such
assignment ( "Assignment ") as of the Effective Date. Insofar as rights and
obligations under the Agreement from and after the Effective Date are
concerned, references to SPINELLI therein shall be deemed replaced with
references to BRISANCE.
2. As of the Effective Date, SPINELLI shall have no further rights, obligations,
and liabilities of any kind whatsoever under the Agrqement, and the
Agreement, including the terms, conditions, covenants, agreements, and
exhibits contained therein, shall be binding only on BRISANCE.
3. CITY hereby grants its consent to the Assignment.
4. 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.
5. This Assignment Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties and all preliminary
negotiations and agreements of whatsoever kind or nature are merged in this
Assignment Agreement. No verbal agreement or implied covenant shall be
held to vary the provisions hereon.
6. This Assignment Agreement may be modified or amended only by a written
document executed by all parties hereto and approved as to form by the City
Attorney.
7. If any term or portion of this Assignment Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions of this Assignment Agreement shall continue in full force
and effect.
8. The laws of the State of California shall govern this Assignment Agreement
and all matters relating to it and any action brought relating to this Assignment
Agreement shall be adjudicated in a court of competent jurisdiction in the
County of Orange.
9. The terms of this Assignment Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Assignment Agreement
or any other rule of construction which might otherwise apply.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement
on the date first above written.
APPROVED AS TO FORM:
By: C-
Aaron'C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
nwh—
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Ne o Beach
A-1 SP
BRI
RISES
ENTERPRISES
Samuel Fo ey, Owne