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ASSIGNMENT OF THOMAS PLACE COMMUNITY CENTER CID
This Assignment is entered into by and between the City of Fort Worth, a home -
rule municipal corporation of the State of Texas acting by and through Fernando Costa,
its duly authorized Assistant City Manager (the "City"), and Thomas Place Community
Center Public Art Committee ("Assignor"), and Arlington Heights Neighborhood
Association, acting by and through its designated president Dana King ("Assignee").
RECITALS
A. Assignor and the City entered into that Memorandum of Understanding
regarding the Thomas Place Community Center CID dated effective March 10, 2010, The
City Secretary Contract No. 39998 (the "Contract");
B. Assignee had applied and was awarded a Community ID Project in 2009
by the Fort Worth Art Commission;
C. Assignee was not incorporated by the State of Texas at the time of
execution of City Secretary Contract No. 39998; therefore, the Assignor was formed as a
party to the agreement;
D. Assignee is now incorporated by the State of Texas; and
E. Assignor now seeks to assign all of its rights under the Contract to
Assignee.
NOW THEREFORE, in consideration of the mutual terms and conditions herein
contained and other good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree as follows:
1. Assignment. Assignor hereby ASSIGNS, TRANSFERS, AND
CONVEYS all rights, duties, obligations, title, and interest under the Agreement to
Assignee.
2. Assumption. Assignee hereby accepts the Assignment granted herein,
and assumes all of Assignor's rights, duties, and obligations arising under the Contract
from and after the Effective Date (as defined below).
3. Authority. Assignor has full right, power, and authority to enter into this
Assignment, to make the representations set forth herein, and to carry out Assignor's
obligations hereunder. Assignee has the full right, power, and authority to enter into this
Assignment, to make the representations set forth herein, and to carry out Assignee's
obligations hereunder.
4. Effective Date. The effective date of this Assignment shall be the date of
its execution ("Effective Date"). All rights, duties, and obligations under the Contract �"��"_T
OFFICIAL REC®RD
CITY SECRETARY
1 U `l' -'? =' -1 0 P F'T WORTH, TX
arising, accruing, or relating to the period before the Effective Date are allocated to
Assignor and all rights, duties, and obligations arising, accruing, or relating to the period
thereafter shall be allocated to Assignee.
5 Release and Surrender of Assignor. Except as otherwise expressly set
forth in this Assignment, Assignor will be discharged from any and all further obligations
under the Contract as of the Effective Date,
6. Survival. The provisions of this Assignment shall survive the delivery
hereof and shall operate as a continuing agreement between Assignor, Assignee, and the
City. The provisions of this Assignment shall survive the termination of the Contract.
7. Counterparts. This Assignment may be executed by facsimile or
otherwise in multiple counterparts, each of which shall be deemed an original to the same
effect as if all parties hereto had executed the same instrument and all of which shall
together constitute one and the same instrument.
S. Entire Agreement. This Assignment is the entire agreement between the
parties regarding the subject matter hereof.
9. City of Fort Worth's Consent. The City hereby consents to this
Assignment upon the terms and conditions set forth herein. Unless and until the City has
executed this Assignment, this Assignment is of no effect. The consent granted herein
should not be construed as consent to any further assignment except as provided in the
Agreement. The failure or delay of the City in seeking to enforce any provisions of the
Agreement or this Assignment should not be deemed a waiver of rights or remedies that
the City may have, or a waiver of any subsequent breach of the terms and provisions
therein or herein contained.
10. Successors. Except as herein otherwise provided, this Assignment will be
binding upon and inure to the benefit of the parties, and their respective heirs, executors,
administrators, successors, and assigns.
11. Notices. Any notice given by any party to another party hereto must be
given in the manner required under the Agreement. The addresses set forth below
supersede any addresses for notices set forth in the Agreement.
CITY OF FOR WORTH:
Fernando Costa, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
ASSIGNEE:
Thomas Place Community Center Public Art Committee
Dana King, Committee Liaison
3816 El Campo
Fort Worth, Texas 76107
ASSIGNOR:
Arlington Heights Neighborhood Association
Dana King, President
3816 El Campo
Fort Worth, Texas 76107
12. Governin Law. This Assignment shall be governed by and construed in
accordance with the laws of the State of Texas.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first
above written,
ASSIGNOR:
Thomas Place Community Center Public Art Committee
AM
By: ovG�-
Name: Dana King
Title: Committee Liaison
ASSIGNEE:
Arlington Heights Neighborhood Association
By:
Name: Dana King
Title: President
CITY OF FORT WORTH
Gib ,
Fernando Costa
Assistant City Manager
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Tyler Wallach
Assistant City Attorney
F
CITY SECRETARY
4
W®RTH, TX i
k
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
Fernando Costa, Assistant City Manager of the CITY OF FORT WORTH, a home -rule
municipal corporation, known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of the said CITY OF FORT WORTH, TEXAS, that he executed the same as the act of
the said City for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Aday
The State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
�f
EVONIA DANIELS
" MY COMMISSION EXPIRES
July 10, 2013
fW I "I j
of
BEFORE ME, the undersigned authority, on this day personally appeared Dana King, the
Committee Liaison of Thomas Place Community Center Public Art Committee, known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes and consideration
therein expressed, in the capacity therein stated and as the act and deed of Thomas Place
Community Center Public Art Committee.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � 3 day of
L4 . Lulu.
Notary Public in and
The State of Texas
dANNA DURENE SPRINGER
Notary PuE!!�.
STATE OF 'TEXAS
M.
Cxp, 0811912090
E
of
BEFORE ME, the undersigned authority, on this day personally appeared Dana King, the
Committee Liaison of Thomas Place Community Center Public Art Committee, known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes and consideration
therein expressed, in the capacity therein stated and as the act and deed of Thomas Place
Community Center Public Art Committee.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � 3 day of
L4 . Lulu.
Notary Public in and
The State of Texas
dANNA DURENE SPRINGER
Notary PuE!!�.
STATE OF 'TEXAS
M.
Cxp, 0811912090
E
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Dana King,
President of the Arlington Heights Neighborhood Association, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of Arlington Heights Neighborhood
Association.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
���U ,2010.
Notary Public in and for
The State of Texas
JIJREhiG S�RIP�GEFt
ry Punfor
OF TEXAS
ram, �x0.tl�ejlq�92010