HomeMy WebLinkAboutCommunity Care Health Centers (Assignor) - AltaMed Health Services Corporation (Assignee) - 2008-07-09CONSENT TO ASSIGNMENT AGREEMENT
This CONSENT TO ASSIGNMENT AGREEMENT made this y day of
&f . ` CC) , by and between Community Care Health Centers, hereinafter
` ssi r," and A1taMed Health Services Corporation, hereinafter "Assignee," and the
City of Huntington Beach, hereinafter "City."
RECITALS
WHEREAS, on November 5, 2007, Assignor entered into a Community
Development Block Grant (CDBG) Funds Agreement, hereinafter the Agreement, with
City; and
Assignor wishes to assign all of its rights and obligations under the Agreement to
Assignee; and
The Agreement requires the prior written consent of City for the assignment
thereof,
NOW, THEREFORE, in consideration of the mutual covenants herein contained
and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, Assignor and Assignee agree as follows:
l . Assignor hereby assigns all of its right, title and interest, and delegates all
its obligations, responsibilities and duties, in and to, the Agreement, to Assignee.
2. Assignee hereby accepts the assignment of all of Assignor's obligations,
responsibilities and duties under the Agreement and all of Assignor's right, title and
interest in and to the Agreement.
3. City hereby consents to the assignment from Assignor to Assignee.
4. Notwithstanding the foregoing, Assignor agrees to protect, defend,
indemnify and hold harmless City from any and all claims, actions, judgments, liabilities,
proceedings and costs, including reasonable attorneys' fees and other costs of defense
and damages, resulting from Assignor's performance prior to the assignment of the
Agreement and resulting from Assignee's performance after the assignment of the
Agreement, provided however, that after the assignment of the Agreement, City shall first
look to Assignee to satisfy all claims, actions, judgments, liabilities, proceedings and
costs, including reasonable attorneys' fees and other costs of defense and damages
resulting from Assignee's performance.
5. Assignee agrees to protect, defend, indemnify and hold harmless City
from any and all claims, actions, judgments, liabilities, proceedings and costs, including
reasonable attorneys' fees and other costs of defense and damages resulting from
Assignee's performance after the assignment of the Franchise Agreement.
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08-1613/22579
6. City, in executing its consent to this Assignment, does not release
Assignor from any claims or remedies it may have against Assignor under the
Agreement.
7. Parties acknowledge and agree that the Agreement will continue in full
force and effect until the assignment has been completed as evidenced by execution by all
parties to this Consent to Assignment.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by and through their authorized officers the day, month and year first above written.
ASSIGNOR:
COMMUNITY CARE HEALTH CENTERS
By:
i K l f UA.c.e
Print na
Its: (circle one Chairmanfresiden ice President
Member/Manager
AND INITIATED AND APPROVED:
By: _
Director of Fcofionmk Development
Lam
Its: (circle on Secretary hief Financial Officer/
Assist. Secretary- surer/Member/Manager REVIEW : ' D APPROVED:
ASSIGNEE:
12
ALTAM-ED
p inr
CORPIO,RA'
HEALTH SERVICES
rrmt name
Its: (circle one) Chairma residen ice President
Member/Manager
AND
Jose Es arz Ir-
Print Name
Its: ircle one) Secretary C ief Financial
Asst.Secretary-Treasurer ember anag
City
APPROVED AS TO FORM:
SNP PCity Attorney DY-0 i�kl llb
l� L4. 64s 'J �gX Oq
2
08-1613/22579
CITY OF HUNT'INGT'ON BEACH
2000 Main Street
Huntington Beach, CA 92648
Date: July 14, 2008
To: City Clerk
® We are sending you:
❑ By Mail ❑ By Fax (gages inc. this sheet):
❑ We are hand delivering:
❑ Prints ❑ Plans ❑ Copy of letter ❑
® Other: Consent to Assignment Agreement
Change Order
Item #
Original
Pages
"Descripti6n
1
1
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Consent to Assignment Agreement between Community Care Health Centers
and AltaMl9ed Health Services Corporation and the City of Huntington Beach
for the receipt of CDBG funds for 2007-2008.
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These are transmitted as checked below:
❑ For approval ® Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review/comment ❑ Other:
fi
c: File By:
Kath' Nelson — Econ mic Development — ext. 5542
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