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HomeMy WebLinkAboutC-7660-1C - Assignment Agreement (for PSA for Balboa Island and VE Flood Zone)r ASSIGNMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ANCHOR QEA, INC. FOR BALBOA ISLAND AND VE FLOOD ZONE THIS ASSIGNMENT AGREEMENT ("Assignment") is made and entered into as of this 21 st day of February, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), ANCHOR, QEA, LLC, a Washington limited liability company ("Assignor"), whose address is 1201 3rd Avenue, Suite 2600, Seattle, Washington 98101, and ANCHOR QEA, INC., a Washington corporation ("Assignee"), whose address is 1201 3rd Avenue, Suite 2600, Seattle, Washington 98101, and is made with reference to the following: RECITALS A. On April 30, 2024, City and Assignor entered into a Professional Services Agreement ("Agreement") to engage Consultant for services on the Balboa Island and VE Flood Zone ("Project"). B. As of January 1, 2024, Assignor converted into Assignee. C. The parties desire to enter into this Assignment to assign the rights under the Agreement from Assignor to Assignee, to update insurance as required by the Agreement, and to update 25.3 of the Notices section. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. ASSIGNMENT Assignee hereby accepts such assignment and hereby assumes, agrees and undertakes to perform all obligations of Assignor pursuant to the Agreement. Any reference to ANCHOR QEA, LLC and/or Consultant in the Agreement shall be deemed to be a reference to ANCHOR QEA, INC. Assignee shall have no further rights of any kind whatsoever under the Agreement. 2. CITY CONSENT TO ASSIGNMENT Pursuant to Section 15 of the Agreement, City approves of this Assignment. 3. INSURANCE Assignee shall deliver, concurrently with execution of this Assignment, proof of insurance in accordance with Section 14 of the Agreement. 4. NOTICES Section 25.3 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: Adam Gale Anchor QEA, Inc. 9700 Research Drive Irvine, CA 92618 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] ANCHOR QEA, INC. 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 Califor is municipal corporation Date: C2 / 7=5 Date: By: By Aar n C. Harp a�1S Gra e . Leung City Attorney ��o/a5 City Manager ATTEST: Date: 3. ak. aoo'g- BrownBy:_10 ti%—Jy'� ASSIGNOR: ANCHOR, QEA, LLC, a Washington limited liability company Date: Signed in Counterpart By: Adam Gale Business Signatory, Principal Planner Date: Signed in Counterpart Bv: Katie Chamberlin Business Signatory ASSIGNEE: ANCHOR QEA, INC., a Washington corporation Date: Signed in Counterpart By: Adam Gale Business Signatory, Principal Planner Date: Signed in Counterpart By: Katie Chamberlin Business Signatory [END OF SIGNATURES] Southland Industries 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: ? 4 C/7 S By: Aar n C. Harp �?S City Attorney ATTEST: Date: la Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager ASSIGNOR: ANCHOR, QEA, LLC, a Washington Iy'�n ited liability company Date: v6/Z _a By: Adam Gale Business Signatory, Principal Planner Date: 3 By: Katie Chamberlin Business Signatory ASSIGNEE: ANCHOR QEA, INC., a Washin on co��PPoration Date: C� l E z�)v B Y� Adam Gale Business Signatory, Principal Planner Date: / &�7 3 B y: La i --� ( ��� Katie Chamberlin Business Signatory [END OF SIGNATURES] Southland Industries Assignment Agreement Page 3