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HomeMy WebLinkAboutContract 38053ly Cf�NTR CARY nro. 3 OS CONSENT TO ASSIGNMENT AND ATTORNMENT This Consent to Assignment and Attornment is entered into by and between the City of Fort Worth, acting by and through Tom Higgins, its duly authorized Assistant City Manager ("Assignor"), Fort Worth Medtech Center, Inc., a Texas non-profit corporation doing business as TECH Fort Worth ("Assignee"), and Mobi-Med Technologies, LLC ("Tenant"). Assignor, Assignee and Tenant are sometimes hereinafter referred to collectively as the "parties". RECITALS: A. Assignor and Tenant entered into that certain lease ("Lease Agreement") dated effective January 1, 2008 for Suites 207 and 208 in the building known as the "TECH Fort Worth Building" located at 1120 S. Freeway, Fort Worth, Texas ("Leased Premises"). B. Assignor desires to assign its interest as landlord in the Lease Agreement to Assignee, and Tenant consents to the assignment and agrees to attorn to Assignee as its landlord. AGREEMENT: NOW THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Consent to Assi ent. Tenant hereby consents to the assignment of the Lease Agreement by Assignor to Assignee. 2. Attornment. Tenant agrees to attorn to and recognize Assignee as Tenant's landlord under the Lease Agreement. The parties agree that the Lease Agreement shall continue in full force and effect as, or as if it were, a direct lease between the Assignee and the Tenant upon all of the terms, conditions, and covenants as are set forth in the Lease Agreement and shall be applicable after this attornment. 3. Authority. Tenant has the full right, power and authority to enter into this Consent to Assignment and Attornment Agreement, to make the representations set forth herein, and to carry out Tenant's obligations hereunder. 4. Effective Date. The effective date of this Consent to Assignment and Attornment Agreement shall be the date of its execution ("Effective Date"). 5. Counterparts. This Assignment may be executed by facsimile or otherwise in multiple counterparts, each of which shall be deemed an original to the same A LiAL K�CCRD CITY SECRETARX 1 FT. WORTH, T ' effect as if all parties hereto had executed the same instrument and all of which shall together constitute one and the same instrument. 6. Entire Agreement. This Assignment is the entire agreement between the parties regarding the subject matter hereof. 7. Governin Law. This Assignment shall be governed by and construed in accordance with the laws of the State of Texas. [SIGNATURES APPEAR ON FOLLOWING PAGE] ATTEST: City S APPROVED AS TO FORM AND LEGALITY: Assistant pity Attorney ASSIGNOR: CITY OF FORT WORTH Tom Higgins, Assistant City Manager ASSIGNEE: FORT WORTH MEDTECH CENTER, INC., a Texas non-profit corporation doing business as TECH FORT WORTH By: Printed Name:®Gi�'�P�e �Vl. �C� 1 ��`'I/lS�v� G'oor TENANT: MOBI-MED TECHNOLOGIES, LLC Name: FK ® lei'rn b l e. Title: CC Gt�FrCIAL RECi�RD CITY SECRETARY FT. WORTH, TX 3