ASSIGNMENT AND ASSUMPTION OF RIGHTS UNDER SHOPPING CENTER PURCHASE AGREEMENT
ASSIGNMENT
AND ASSUMPTION OF RIGHTS UNDER
SHOPPING CENTER PURCHASE AGREEMENT
For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, XXXXXXXX XXXXXX GROUP LLC, an Ohio limited liability company (“Assignor”), hereby assigns, transfers and sets over to XXXXXX CREEK STATION LLC, a Delaware limited liability company (“Assignee”), all of Assignor’s right, title, and interest as Purchaser to acquire the land and improvements known as Xxxxxx Creek Shopping Center located in Acworth, Georgia (the “Center’) from Equity One (Southeast Portfolio) Inc. pursuant to a certain Shopping Centers Purchase and Sale Agreement dated as of November 30, 2012, as amended (the “Agreement”) with Equity One (Southeast Portfolio) Inc., a Georgia corporation, Equity One (Florida Portfolio), Inc., a Florida corporation and Equity One, Inc., a Maryland corporation (individually and collectively referred to as “Seller”), as Seller, with respect to, among other properties, the Center, such assignment to include a prorated portion of the Deposit (as defined in the Agreement) made by Assignor (such prorata portion to be determined based upon the percentage of the allocable portion of the purchase price in the Agreement relating to the Center as against the aggregate purchase price thereunder).
Dated: January 15, 2013 |
XXXXXXXX XXXXXX GROUP, LLC, an Ohio limited liability company
|
|
By: XXXXXXXX XXXXXX LIMITED PARTNERSHIP, a Delaware limited partnership, Managing Member |
|
By: XXXXXXXX XXXXXX & COMPANY, INC., a Maryland corporation, General Partner
|
|
By:__ /s/ Xxxxxx X. Myers_____________________ Xxxxxx X. Xxxxx, Chief Operating Officer |
The undersigned, Assignee, hereby accepts the foregoing assignment and hereby assumes and agrees to perform all of Assignor’s obligations under the Agreement and hereby releases, indemnifies and holds Assignor harmless from any loss, cost, liability or expense which may be suffered by Assignor in connection with such Agreement, except for any such loss, cost, liability or expense resulting from the acts of Assignor in connection with the Agreement taken prior to the date of this Assignment without the applicable authorization or consent of the undersigned.
Dated: January 15, 2013
|
XXXXXX CREEK STATION LLC, A Delaware limited liability company |
|
By: /s/ Xxxx X. Bessey___________________ Xxxx X. Xxxxxx, Vice President |
1
Schedule to Exhibit 10.30
Substantially Similar Assignment and Assumption of Rights under Shopping Center
Purchase Agreements Omitted
Property |
|
Assignee |
|
|
|
The Shops at Westridge |
|
Westridge Station LLC |
|
|
|
Mableton Crossing |
|
Mableton Crossing Station LLC |
|
|
|
Xxxxxxxx Ridge |
|
Xxxxxxxx Ridge Station LLC |
|
|
|
Grassland Crossing |
|
Grassland Crossing Station LLC |
|
|
|
Fairview Oaks |
|
Fairview Oaks Station LLC |
|
|
|
Macland Pointe |
|
Macland Pointe Station LLC |
|
|
|
2