FORM OF ESCROW AGREEMENTEscrow Agreement • March 29th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • New York
FORM OF DEALER MANAGER AGREEMENTBehringer Harvard Opportunity REIT I, Inc. • November 30th, 2004 • Texas
ARTICLE I DEFINITIONSManagement and Leasing Agreement • March 29th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
FOURTH AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENTAdvisory Management Agreement • May 31st, 2016 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This FOURTH AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENT (this “Agreement”) is entered into on May 31, 2016, and is effective as of May 15, 2016 (the “Effective Date”), by and between BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (the “Company”), and BEHRINGER HARVARD OPPORTUNITY ADVISORS I, LLC, a Texas limited liability company (the “Advisor”).
ARTICLE ONE DEFINITIONSForm of Advisory Agreement • March 29th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
FORM OF ADVISORY AGREEMENTForm of Advisory Agreement • September 12th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This ADVISORY AGREEMENT (this “Agreement”) is entered into on this the ____ day of _____________, 2005, by and between BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (the “Company”), and BEHRINGER HARVARD OPPORTUNITY ADVISORS I LP, a Texas limited partnership (the “Advisor”).
THIRD AMENDED AND RESTATED PROPERTY MANAGEMENT AND LEASING AGREEMENTManagement and Leasing Agreement • May 31st, 2016 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This THIRD AMENDED AND RESTATED PROPERTY MANAGEMENT AND LEASING AGREEMENT (this “Management Agreement”) is made and entered into as of the 31st day of May, 2016, by and among BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“BH OPPORTUNITY REIT”), BEHRINGER HARVARD OPPORTUNITY OP I, LP, a Texas limited partnership (“BH OP”), BEHRINGER HARVARD OPPORTUNITY MANAGEMENT SERVICES, LLC, a Texas limited liability company (“BHOMS” or “Manager”), BEHRINGER HARVARD REAL ESTATE SERVICES, LLC, a Texas limited liability company (“BHRES”), and BEHRINGER HARVARD CORDILLERA, LLC, a Delaware limited liability company, BEHRINGER HARVARD NORTHPOINT LP, a Delaware limited partnership, BEHRINGER HARVARD FRISCO SQUARE LP, a Delaware limited partnership, CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company, and WCW MULTIFAMILY HOLDINGS, LLC, a Delaware limited liability company (each, individually, an “SPE” and, collectively, the “SPEs”). BH OPPORTUNITY REIT, BH OP, BHOMS, and
FORM OF AGREEMENT OF LIMITED PARTNERSHIP OF BEHRINGER HARVARD OPPORTUNITY OP I, LPBehringer Harvard Opportunity REIT I, Inc. • September 12th, 2005 • Real estate investment trusts • Texas
This Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the __ day of ______, 2005 by and among Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “General Partner”), BHO Partners, LLC, a Delaware limited liability company (the “Original Limited Partner”), and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time, with respect to Behringer Harvard Opportunity OP I, LP (the “Partnership”), a limited partnership formed under the laws of the State of Texas, pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Texas effective as of __________, 200__.
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF BEHRINGER HARVARD OPPORTUNITY OP I, LP January 1, 2007Behringer Harvard Opportunity REIT I, Inc. • January 5th, 2007 • Real estate investment trusts • Texas
This Amended and Restated Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the 1st day of January, 2007 by and among BHO, Inc., a Delaware corporation (the “General Partner”), BHO Business Trust, a Maryland business trust (the “Original Limited Partner”), Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “Company”) and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time, with respect to Behringer Harvard Opportunity OP I, LP (the “Partnership”), a limited partnership formed under the laws of the State of Texas, pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Texas effective as of November 24, 2004.
BEHRINGER HARVARD OPPORTUNITY REIT I, INC. Up to 48,000,000 Shares of Common Stock/$476,000,000 AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • January 5th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “Company”), has registered for public sale a maximum of 48,000,000 shares of its common stock, $0.0001 par value per share, (the “Shares” or the “Stock”) to be issued and sold for an aggregate purchase price of $476,000,000 (40,000,000 Shares to be offered to the public for $10.00 per share and 8,000,000 Shares to be offered pursuant to the Company’s distribution reinvestment plan for a maximum of $9.50 per share). There shall be a minimum purchase by any one person of 200 Shares (except as otherwise indicated in the Prospectus (defined below) or in any letter or memorandum from the Company to Behringer Securities LP (the “Dealer Manager”)). Terms not defined herein shall have the same meaning as in the Prospectus. In connection therewith, this letter amends and restates in its entirety the Company’s prior Dealer Manager Agreement of September 20, 2005 with you, the Dealer Manager, as follows:
FORM OFBehringer Harvard Opportunity REIT I, Inc. • November 30th, 2004 • Texas
GUARANTY AGREEMENTGuaranty Agreement • February 19th, 2008 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
This GUARANTY AGREEMENT (this “Guaranty”) is made as of the 13th day of February, 2008, by BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (singly or collectively, “Guarantor”), in favor of BANK OF AMERICA, N.A., a national banking association (together with its successors and assigns, “Administrative Agent”), as Administrative Agent on behalf of itself and each lender from time to time made a party to the Credit Agreement (collectively, the “Lenders”).
ASSIGNMENT OF LEASES AND RENTSAssignment of Leases and Rents • February 19th, 2008 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
THIS ASSIGNMENT OF LEASES AND RENTS (this “Assignment”) is made this 13th day of February, 2008, by BEHRINGER HARVARD AUGUSTA LP, a Delaware limited partnership (“Grantor”), whose address is 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 Attention: Gerald J. Reihsen, III, and BANK OF AMERICA, N.A., a national banking association, as Administrative Agent (in such capacity, together with any successor Administrative Agent hereafter appointed by the Lenders, “Administrative Agent”), for and on behalf of the Loan Parties (defined below), whose address is 901 Main Street, 20th Floor, Dallas, Texas 75202 Attn: Real Estate Loan Administration.
DEVELOPMENT AGREEMENT (Main Hotel Building Renovation Project)Development Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Missouri
This Development Agreement (“Agreement”) is made to be effective as of the 1st day of December 2006 (the “Effective Date”), by and between CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company (“Owner”), and IFC, INC., a Missouri corporation (“Developer”), as follows:
BEHRINGER HARVARD OPPORTUNITY REIT I, INC. Up to 48,000,000 Shares of Common Stock/$476,000,000 FORM OF DEALER MANAGER AGREEMENTSelected Dealer Agreement • September 12th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “Company”), is registering for public sale a maximum of 48,000,000 shares of its common stock, $0.0001 par value per share, (the “Shares” or the “Stock”) to be issued and sold for an aggregate purchase price of $476,000,000 (40,000,000 Shares to be offered to the public for $10.00 per share and 8,000,000 Shares to be offered pursuant to the Company’s distribution reinvestment plan for a maximum of $9.50 per share). There shall be a minimum purchase by any one person of 200 Shares (except as otherwise indicated in the Prospectus (defined below) or in any letter or memorandum from the Company to Behringer Securities LP (the “Dealer Manager”)). Terms not defined herein shall have the same meaning as in the Prospectus. In connection therewith, the Company hereby agrees with you, the Dealer Manager, as follows:
JUNIOR MEZZANINE LOAN AGREEMENTJunior Mezzanine Loan Agreement • October 5th, 2006 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Nevada
JUNIOR MEZZANINE COMPLETION GUARANTYJunior Mezzanine Completion Guaranty • October 5th, 2006 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Nevada
This Junior Mezzanine Completion Guaranty (“Guaranty”) is entered into as of September 29, 2006, jointly and severally by CFP Residential L.P., a Texas limited partnership, Kenneth Valach, an individual, J. Ronald Terwilliger, an individual and Bruce Hart, an individual (collectively, the “Guarantor”) for the benefit of Behringer Harvard Alexan Nevada, LLC, a Delaware limited liability company, and/or any subsequent holder of the Note (the “Lender”).
CONTRIBUTION AGREEMENT by and among BREOF TCU GP LLC and BREOF TCU LLC and PHOENIX BERRY STREET LIMITED PARTNERSHIP and PHOENIX G.P. XVIII, INC. and BEHRINGER HARVARD TCU, LLC February 1, 2007Contribution Agreement • February 7th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This CONTRIBUTION AGREEMENT (this “Agreement”) is entered into as of February 1, 2007, by and among (i) BREOF TCU GP LLC, a Delaware limited liability company, (ii) BREOF TCU LLC, a Delaware limited liability company, (iii) PHOENIX BERRY STREET LIMITED PARTNERSHIP, a Texas limited partnership, and (iv) PHOENIX G.P. XVIII, INC., a Texas corporation (each a “Transferor” and collectively the “Transferors”)and BEHRINGER HARVARD TCU, LLC, a Delaware limited liability company (the “BH Investor”).
BACKGROUNDAssignment of Sale, Purchase and Escrow Agreement • March 7th, 2006 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
SENIOR MEZZANINE COMPLETION GUARANTYSenior Mezzanine Completion Guaranty • October 5th, 2006 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Nevada
This Senior Mezzanine Completion Guaranty (“Guaranty”) is entered into as of September 29, 2006, jointly and severally by CFP Residential L.P., a Texas limited partnership, Kenneth Valach, an individual, J. Ronald Terwilliger, an individual and Bruce Hart, an individual (collectively, the “Guarantor”) for the benefit of Behringer Harvard Alexan Nevada, LLC, a Delaware limited liability company, and/or any subsequent holder of the Note (the “Lender”).
MEZZANINE PROMISSORY NOTEBehringer Harvard Opportunity REIT I, Inc. • February 7th, 2007 • Real estate investment trusts • Virginia
BREOF UVA GP LLC, a Delaware limited liability company, BREOF UVA LLC, a Delaware limited liability company, PPC-UVA 15th Street Limited Partnership, a Texas limited partnership and PPC Charlottesville GP, Inc., a Texas corporation (“Borrowers”), FOR VALUE RECEIVED, promise to pay to the order of Behringer Harvard UVA, LLC, a Delaware limited liability company or its assigns (“Lender”), at such place as Lender may from time to time designate in writing, the principal sum of Six Million Forty Thousand Dollars ($6,040,000.00) or so much thereof as may from time to time have been advanced to Borrowers under this Note with Interest (as defined below) on the outstanding principal amount at the rates set forth herein.
LIMITED LIABILITY COMPANY AGREEMENT OF BEHRINGER HARVARD CORDILLERA, LLCLimited Liability Company Agreement • June 12th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT (“Agreement”) is made and entered into effective as of the 10th day of May 2007, by and between BEHRINGER HARVARD CORDILLERA INVESTOR, LLC, a Delaware limited liability company (“BH Investor”), and CORDILLERA PARTNERS, LLC, a Delaware limited liability company (“CP Investor”). The BH Investor and the CP Investor, together with any such additional parties as and when admitted to the Company (as defined below) as members shall be individually a “Member” and, collectively, the “Members”.
ASSIGNMENT OF LEASES AND RENTSBehringer Harvard Opportunity REIT I, Inc. • February 19th, 2008 • Real estate investment trusts • Texas
THIS ASSIGNMENT OF LEASES AND RENTS (this “Assignment”) is made this 13th day of February, 2008, by BEHRINGER HARVARD BOWEN ROAD LP, a Delaware limited partnership (“Grantor”), whose address is 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 Attention: Gerald J. Reihsen, III, and BANK OF AMERICA, N.A., a national banking association, as Administrative Agent (in such capacity, together with any successor Administrative Agent hereafter appointed by the Lenders, “Administrative Agent”), for and on behalf of the Loan Parties (defined below), whose address is 901 Main Street, 20th Floor, Dallas, Texas 75202 Attn: Real Estate Loan Administration.
APARTMENT MANAGEMENT AGREEMENTApartment Management Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Missouri
THIS APARTMENT MANAGEMENT AGREEMENT (this “Agreement”) is made effective for all purposes effective as of the 1st day of December, 2006, between THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company (“Owner”) and CWE HOSPITALITY SERVICES, LLC, a Missouri limited liability company (“Manager”).
JUNIOR MEZZANINE PLEDGE AND SECURITY AGREEMENTJunior Mezzanine Pledge and Security Agreement • October 5th, 2006 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Nevada
THIS JUNIOR MEZZANINE PLEDGE AND SECURITY AGREEMENT (this “Agreement”), dated as of September 29, 2006, made by SW 108 Wagon Wheel JM LLC, a Delaware limited liability company (“Pledgor”), and Behringer Harvard Alexan Nevada, LLC, a Delaware limited liability company (together with its successors and assigns, “Lender”).
LIMITED LIABILITY COMPANY AGREEMENT OF CHASE PARK PLAZA HOTEL, LLCLimited Liability Company Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT (“Agreement”) is made and entered into effective as of the 1st day of December 2006, by and between BEHRINGER HARVARD OPPORTUNITY OP I LP, a Texas limited partnership (“BH Investor”), and KINGSDELL L.P.,a Delaware limited partnership (“Smith Investor”). The BH Investor and the Smith Investor, together with any such additional parties as and when admitted to the Company (as defined below) as members shall be individually a “Member” and, collectively, the “Members”.
Construction Loan Agreement among THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company, as Borrower and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer and NATIONAL CITY BANK, as Syndication Agent and The Other Financial...Construction Loan Agreement • November 21st, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
THIS CONSTRUCTION LOAN AGREEMENT (“Agreement”) is made by and among each lender from time to time a party hereto (individually, a “Lender” and collectively, the “Lenders”), and BANK OF AMERICA, N.A., a national banking association as Administrative Agent and L/C Issuer, NATIONAL CITY BANK, a national banking association, as Syndication Agent (“Syndication Agent”)(Administrative Agent and Syndication Agent are sometimes referred to herein, together, as “Agents”), and THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company (“Borrower”), who agree as follows:
SENIOR MEZZANINE PLEDGE AND SECURITY AGREEMENTSenior Mezzanine Pledge and Security Agreement • October 5th, 2006 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Nevada
THIS SENIOR MEZZANINE PLEDGE AND SECURITY AGREEMENT (this “Agreement”), dated as of September 29, 2006, made by SW 109 Wagon Wheel SM LLC, a Delaware limited liability company (“Pledgor”), and Behringer Harvard Alexan Nevada, LLC, a Delaware limited liability company (together with its successors and assigns, “Lender”).
MEZZANINE PLEDGE AND SECURITY AGREEMENTMezzanine Pledge and Security Agreement • February 7th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
THIS MEZZANINE PLEDGE AND SECURITY AGREEMENT (this “Agreement”), dated as of February 1, 2007, made by BREOF TCU GP LLC, a Delaware limited liability company, BREOF TCU LLC, a Delaware limited liability company, Phoenix Berry Street Limited Partnership, a Texas limited partnership, and Phoenix G.P. XVIII, Inc., a Texas corporation (each a “Pledgor” and collectively, the “Pledgors”), and Behringer Harvard TCU, LLC, a Delaware limited liability company (together with its successors and assigns, “Lender”).
Exhibit 99.2 SALE, PURCHASE AND ESCROW AGREEMENTSale, Purchase and Escrow Agreement • March 7th, 2006 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
MEZZANINE LOAN AGREEMENT BY AND AMONG BREOF TCU GP LLCMezzanine Loan Agreement • February 7th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This MEZZANINE LOAN AGREEMENT (this “Agreement”) is made and entered into as of this 1st day of February 2007, by and between BREOF TCU GP LLC, a Delaware limited liability company (“BREOF GP”), BREOF TCU LLC, a Delaware limited liability company (“BREOF”), PHOENIX BERRY STREET LIMITED PARTNERSHIP, a Texas limited partnership (“Phoenix”) and PHOENIX G.P. XVIII, INC. a Texas corporation (“Phoenix GP”) , each of whose address is c/o Phoenix Property Company, 2626 Howell St., Suite 800, Dallas, Texas 75204 (each of BREOF GP, BREOF, Phoenix and Phoenix GP is a “Borrower” and collectively are “Borrowers”), and BEHRINGER HARVARD TCU, LLC, a Delaware limited liability company, whose address is 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Lender”).
AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENTAdvisory Management Agreement • January 5th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENT (this “Agreement”) is entered into on this the 29th day of December 2006, by and between BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (the “Company”), and BEHRINGER HARVARD OPPORTUNITY ADVISORS I LP, a Texas limited partnership (the “Advisor”).
FOURTH LOAN MODIFICATION AND EXTENSION AGREEMENTFourth Loan Modification and Extension Agreement • May 16th, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
THIS FOURTH LOAN MODIFICATION AND EXTENSION AGREEMENT (this “Agreement”) is made and entered into effective as of November 15, 2010, by and among THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), BANK OF AMERICA, N.A., a national banking association, as Administrative Agent (“Administrative Agent”) on behalf of itself and certain other Lenders (herein so called) made a party to the Loan Agreement described below, having an address of 901 Main Street, 20th Floor, Dallas, Texas 75202 Attention: Real Estate Loan Administration, and BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Payment Guarantor”), and KINGSDELL L.P., a Delaware limited partnership (“Kingsdell Guarantor”, together with payment Guarantor, referred to herein as “Guarantor”).
LOAN AGREEMENT Dated as of June 8, 2007 by and between BEHRINGER HARVARD SANTA CLARA LP as Borrower and CITIGROUP GLOBAL MARKETS REALTY CORP. as LenderLoan Agreement • June 14th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • New York
LOAN AGREEMENT dated as of June 8, 2007 (as the same may be modified, supplemented, amended or otherwise changed, this “Agreement”) by and between BEHRINGER HARVARD SANTA CLARA LP, a Delaware limited partnership (“Borrower”) and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation (together with its successors and assigns, “Lender”).
SUPPLEMENT TO CONTRIBUTION AGREEMENT BETWEEN FRISCO SQUARE B1-6, F1-11, LTD., a Texas limited partnership, AS TRANSFEROR AND BEHRINGER HARVARD FRISCO SQUARE LP, a Delaware limited partnership AS TRANSFEREE As of August 3, 2007Supplement to Contribution Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THIS SUPPLEMENT TO CONTRIBUTION AGREEMENT (this “Supplement”) is made to be effective as of this 3rd day of August 2007, by and between FRISCO SQUARE B1-6, F1-11, LTD., a Texas limited partnership (“Transferor”), and BEHRINGER HARVARD FRISCO SQUARE LP, a Delaware limited partnership (“Transferee”).
