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HomeMy WebLinkAboutContract 32440 ASSIGNMENT OF COMMUNITY FACILITIES AGREEMENT THIS ASSIGNMENT OF COMMUNITY FACILITIES AGREEMENT (the "Assignment") is made as of (�(140bof to 2005, by and between Beechwood Business Park, L.P., a Texas limited partnership ("Assignor"), and Fossilwood Investments LP, a Texas limited partnership ("Assignee"). RECITALS A. City of Fort Worth, Texas (the "City") and The Beechwood Business Park, J.V., a Texas joint venture (the "Joint Venture"), entered into that certain Community Facilities Agreement approved by the City Council of the City (the "City Council") on July 29, 2003, as City Council Policy No. 232. B. By Assignment of Community Facilities Agreement dated December 20, 2004, with the approval of the City, the Joint Venture assigned all of its right, title and interest in the Agreement to Assignor. C. Assignor now desires to assign all of Assignor's right, title and interest in and to the Agreement to Assignee. NOW, THEREFORE, in consideration of the foregoing premises, the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENTS 1. Assignor hereby assigns to Assignee all of Assignor's right, title and interest in and to the Agreement. 2. Assignee hereby accepts such transfer of Assignor's rights in and to the Agreement and hereby irrevocably and unconditionally assumes all duties and obligations of Assignor under the Agreement accruing on or after the date hereof, upon the same terms and conditions as set out in the Agreement, including the obligation to comply with the Policy. 3. Unless otherwise defined herein, all capitalized terms shall have the meanings ascribed to them in the Agreement. 4. This Assignment may be executed in multiple counterparts which when taken together shall be considered one and the same document. .;J 11�ti� ' ;' L !;11 ! EXECUTED as of the date first above mentioned. ASSIGNOR: BEECHWOOD BUSINESS PARK,L.P., a Texas limited partnership By: Beechwood Park LLC, a Texas limited liability company, general p er By: John M. D i inski Vice Presi nt ASSIGNEE: FOSSILWOOD INVESTMENTS LP, a Texas limited partnership By: Beechwood/Roanoke, Inc., a Texas corporation, general partner By: A � —� Frank W. Harrison, III President ACCEPTED: CITY OF FORT WORTH, a Texas nywikcipal corporat' By. , 44�101VTO D LEC . Y Name: Ma Att Title: Assis'L4. ' er t o aFp Attested By: Marty Hendrik— NO M&C REQUIRED City Secretary 2 G:\LEGAL\WORD\10000\10010\17250\17256.doc