HomeMy WebLinkAboutResolution - 2007-R0115 - Ratify Assignment Agreeement Of Contract - Bobby Mcqueen - 03/22/2007Resolution No.2007-R0115
March 22,2007
Item No.5.9
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock,a Ratification of an
Assignment Agreement of Commercial Contract between the City of Lubbock and Bobby
McQueen,and all related documents.Said Ratification is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 22nd day of March 2007.
ATTEST:
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Rebecca Garza,City Secretary
APPROVED AS TO CONTENT:
Rob Allison
AssistantCity ManageFDevelopment Services
APPROVED AS TO FORM:
Richard K.Casner,First Assistant City Attorney
ml/ccdocs/Ratification -McQueen
March 13,2007
DAVID A.MILLER,MAYOR
Resolution No.2007-R0115
RATIFICATION
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS,on the 22nd day of March,2007,the City of Lubbock,by and
through its City Manager,executed and delivered that certain Assignment Agreement of
Commercial Contract,attached hereto as Exhibit "A"(the "Assignment"),between
Bobby McQueen and City of Lubbock,Texas;
WHEREAS,the City of Lubbock now desires to ratify the Assignment.
NOW,THEREFORE,the City of Lubbock does hereby ratify,adopt and confirm
the Assignment Agreement of Commercial Contract, and all of its terms and provisions,
as fully and completely as if the City of Lubbock had originally executed and delivered
same,and acknowledges the validity,effect,and enforceability of the Assignment
Agreement of Commercial Contract effective as of the date first above written.
Passed by the City Council this 22nd day of March ,2007.
CITY OF LUBBOCK
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DAVID A.MILLER,MAYOR
ATTEST:
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Rebecca Garza,City Secrctar
Ratification-McQueen Page 1of 2
APPROVED AS TO CONTENT:
Rob Allisoj
Assistant City Manager Development Services
APPROVED AS TO FORM:
Richard K.Casner
First Assistant City Attorney
Richard/Ratification-McQueen
March 8.2007
Ratification-McQueen Page 2 of 2
Exhibit "A"Resolution No.2007-R0115
ASSIGNMENT AGREEMENT
OF COMMERCIAL CONTRACT
This Assignment Agreement of Commercial Contract (the "Agreement"),is made
as of the |^j ^day of March,2007,by and between BOBBY McQUEEN (referred to
herein as "Assignor")and the CITY OF LUBBOCK,TEXAS,a Home Rule Municipal
Corporation of Lubbock County,Texas (referred to herein as "Buyer").
WITNESSETH
For valuable consideration,the receipt and sufficiency of which is hereby
acknowledged, Assignor and Buyer hereby agree as follows:
1.Assignment and Assumption.Assignor hereby assigns and transfers to Buyer allof
its right,title and interest in,to and under that certain Commercial Contract -
Unimproved Property,dated on or about December 19,2006,by and between Chayn
Mousa, as seller, and Assignor, as buyer, and covering Lots 13 thru 24, Block 231,
Original Town,to the City of Lubbock,according to the map,plat or dedication deed
recordedin Volume5, Page386, Deed Records,LubbockCounty,Texas.
2.Further Assurances.Assignor and Buyer agree to execute such other documents and
perform suchotheractsas maybe reasonably necessary or properand usual to affectthis
Assignment.
3.Compliance with Laws.This Assignment is governed by and shall be construed m
accordance withthe lawsof the Stateof Texas.This Assignment is performable,at least
in part,in Lubbock County,Texas.Sole and exclusive venue for any action arising from
or related to this Assignment shall lie solely in the courts of competent jurisdiction in
Lubbock County,Texas.
4. Successors and Assigns.This Assignmentshall be binding upon and shall inure the
benefit of Buyerand its respectivesuccessorsand assigns.
IN WITNESS WHEREOF,Assignor and Buyer have executed this Assignment as of the
date first above written.
ASSIGNOR:
THE STATE OF TEXAS §
COUNTY LUBBOCK 8
dhThisinstrumentwasacknowledgedbeforemeonthe2__day of March,2007,by
Bobby McQueen.
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DAVYM.BOOHER
Notary Public,State of Texas
My Commission Expires
12-16-2010
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Notary Public,State of Texas
My commission expires:/2 -/6>~2&10
BUYER:
CITYOF LUBBOCK,a Home RuleMunicipal
Corporation of Lubbock County, Texas
ATTEST:
Rebecca Garza,City Secretary
APPROVED AS TO CONTENT:
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Dave Booher
Right-of-Way Agent
BY:
LEE ANN DUMBAULD,CFPY
Rob Allison
Assistant City Manager Development Services
APPROVED AS TO FORM:
Richard Casner ^^
First Assistant City Attorney
MANAGER
THE STATE OF TEXAS §
COUNTY LUBBOCK §
This instrument was acknowledged before me on the Jxfday ofMarch,2007,by
Lee Ann Dumbauld, City Manager of the City of Lubbock, Texas, a home rule municipal
corporation.
REBECCA L.VEACH
MY COMMISSION EXPIRES
FEBRUARY 7,2010
ml/Richard/Assignment Agreement-CVB
March 7,2007
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Notary Public,State of Texas
My commission expires:ggj '21 ^°j ^