CONGRESSIONAL DISTRICT PROGRAMS f/n/a NATIONAL HERITAGE FOUNDATION for ACADEMY OF INTERNATIONAL DANCE (MUSKULIN, SONIA) 1e

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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: O'. P rz s 2 '44 blanc, 1tiMar W z FIFTH AMENDMENT TO AGREEMENT ASSIGNMENT AGREEMENT N-2009-118 THIS FIFTH AMENDMENT TO CONSULTANT AGREEMENT is made and entered into this _L day of September, 2009 by and among the Congressional District Programs, a Non -Profit Foundation ("Assigning Consultant"), The Academy of International Dance, a California Non-profit Corporation ("Assuming Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. City and Assigning Consultant entered into Agreement A-2005-146 dated June 20, 2005, as amended by Agreement A-2006-143, Agreement A-2005-146-01, Agreement A-2005- 146-02 and Agreement A-200 *-01ated June 0 2009 (hereinafter, collectively, the "Agreement") by which Consultant has provided dance instruction for City's leisure class program through the Assuming Consultant. B. Assuming Consultant has obtained full 5010 charitable status from the Internal Revenue Service permitting Assuming Consultant to contract directly with the City. C. Section 11 of the Agreement permits Assigning Consultant to assign the Agreement with the consent of the City. The City is willing to consent to an assignment of the Agreement from the Assigning Consultant to the Assuming Consultant. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: 1. Assigning Consultant hereby assigns all its rights and duties under the Agreement to the Assuming Consultant. 2. Assuming Consultant hereby assumes all of the duties and liabilities under the Agreement from the Assigning Consultant. 3. The City hereby consents to the assignment by the Assigning Consultant and assumption by the Assuming Consultant. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect.