HomeMy WebLinkAboutCHASE BANK @ RIGDEN FARM - FDP - 26-09/A - LEGAL DOCS -of the Assignor.
4. Third Party Beneficiary — Assignor and Assignee intend the City to be a
an express third party beneficiary of this Assignment, but only to the
extent Assignee disclaims the validity of this Assignment or any of its
obligations under the Agreements or the release of Assignor of its or
obligations under the Agreements. In the event of such disclaimer, the
City may enforce its rights and obligations under the Agreements directly
against Assignee, but not against Assignor, whose rights and obligations
under the Agreements are discharged and released as of the effective date
hereof.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed individually or by the respective duly authorized represented officers on the
date first shown above.
ASSIGNOR:
ARMSTRONG DEVELOPMENT
PROPERTIES, INC. a Pennsylvania
corporation
Title:
ASSIGNEE:
ARMSTRONG CUSTER TMOERLINE,
LLC, a Colorado limited liability company
By: Armstrong Development Investments,
LLC, a Delaware limited liability
company, member
By: Armstrong Development Holdings,
Inc., a Delaware corporation, sole member
By: -��_
Title:
•
STATE OF PENNSYLVANIA )
) ss.
COUNTY OF ALLEGHENY )
ON THIS 24th day of March, 2010, before me, the unrsigned, a No ry Public
in and for said County and State, personally appeared j��D c
to me personally known to be the person described in and who cecuted the foregoing
instrument, who, being by me first duly sworn, stated that he/she is authorized to sign on
behalf of Armstrong Custer Timberline, LLC, a Colorado limited liability co parry.
0 IMO F PENNSYLVA
Notarial sew
STATE OF PENNSYLVANIA ��' '^1O� iv
Cily OFPitlsb
ss. �77 2011
COUNTY OF ALLEGHENY ) Member, Pennsylvania Association of Nota
ON THIS 24th day of March, 2010, before me, the iWersigned,,QZtr Public
in and for said County and State, personally appeared Al. 9044*
to me personally known to be the person described in and wh cecuted the foregoing
ins
�ilent,- //whop�^ being by me first duly sworn, stated that he/she is the
�oc cC of Armstrong Development Properties, Inc., a Pennsylvania
corporation.
COMMONWEALTH OF PENNSYLVANIA
LCdy�P J. �, No1aryP�
� E�6es��June 7e
ber, Pennsylvania Assoeleflon pf jNotaries
•
ASSIGNMENT AND ASSUMPTION OF AGREEMENTS
THIS ASSIGNMENT AND ASSUMPTION OF AGREEMENTS (this
"Assignment") is entered into as of this 24th day of March, 2010, by and between
ARMSTRONG DEVELOPMENT PROPERTIES, INC., a Pennsylvania corporation,
("Assignor") with offices located at 2100 Wharton St., Ste. 700, Pittsburgh, PA 15203
and ARMSTRONG CUSTER TIMBERLINE, LLC, a Colorado limited liability
company, ("Assignee"), having an address of 2100 Wharton St., Ste. 700, Pittsburgh, PA
15203.
WHEREAS, Assignor processed and the City of Fort Collins, Colorado (the
"City") approved that certain final plat known as Rigden Farms, Filing 15 (the "Plat'),
which was recorded in the real property records of the Clerk and Recorder of Larimer
County, Colorado, on March _, 2010, at Reception No. ;
WHEREAS, in connection with approving the Plat, the City required Assignor to
enter into a number of agreements (collectively, the "Agreements") by and between
Assignor and the City relating to the development and entitlement of the property subject
to the Plat (the "Property");
WHEREAS, Assignee is now acquiring the Property, and Assignor desires to
assign, transfer and convey to Assignee all of Assignor's right, title and interest, if any,
into any and all Agreements; and
WHEREAS, Assignee desires to accept said assignment to assume Assignor's
rights and obligations under the Agreements, upon the terms and conditions hereinafter
set forth.
ASSIGNMENT:
NOW THEREFORE, for and in consideration of the sum $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Assignor and Assignee agree as follows:
Assignment — Assignor hereby transfers, assigns and conveys to Assignee
all of Assignor's right, title and interest into the Agreements.
2. Binding Effect — This instrument shall be binding upon and shall inure to
the benefit of the parties hereto and their respective successors and
assignees.
3. Assumption — Assignee hereby accepts the foregoing Assignment,
effective as of the date hereof, and assumes all the rights and obligations