HomeMy WebLinkAbout19- Agreement - Crow River Management, LLC and Silver Creek Ventures, LLC - Infrastructure Improvements to North 25th Avenue from Oak Street to Tschache LaneASSIGNMENT AND ASSUMPTION OF PROJECT APPLICATIONS
THIS ASSIGNMENT AND ASSUMPTION OF PROJECT APPLICATIONS,
(this “Assignment”), is made as of August 28, 2019, by and between TRIDENT
DEVELOPMENT, LLC, a Minnesota limited liability company (“Assignor”), in favor of
SILVER CREEK VENTURES, LLC, a Minnesota limited liability company and CROW
RIVER MANAGEMENT, LLC, a Minnesota limited liability company (collectively
“Assignee”).
RECITALS
WHEREAS, Assignor as the applicant, submitted certain Project Applications to
the City of Bozeman for the approval request to construct Silver Creek Apartments, a
market rate apartment project in Bozeman, Montana (the “Applications”); and
WHEREAS, Assignor desires to assign to Assignee, subject to the terms and
conditions of this Assignment, the attached Application;
NOW, THEREFORE, in consideration of the premises and the mutual covenants
herein contained, the parties hereto hereby agree as follows:
1.Assignor hereby grants, assigns, transfers and sets over unto Assignee all
of Assignor’s right, title and interest in and to the Applications and any
and all approvals and permits resulting therefrom, and Assignee herby
accepts such assignment and assumes all obligations thereunder arising on
or after the date hereof.
2.This Assignment and the obligations of the parties hereunder shall be
binding upon and inure to the benefit of the parties hereto, their respective
legal representatives, successors and assigns and may not be modified or
amended in any manner other than by a written agreement signed by the
party to be charged therewith.
3.If any term or provision of this Assignment or the application thereof to
any persons or circumstances shall, to any extent, be invalid or
unenforceable, the remainder of this Assignment or the application of such
term or provision to persons or circumstances other than those as to which
it is held invalid or unenforceable shall not be affected thereby, and each
term and provision of this Assignment shall be valid and enforced to the
fullest extent permitted by law.
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4.This Assignment shall be binding upon, enforceable by and shall inure to
the benefit of the parties hereto and their respective successors and
assigns.
[Signatures and Consent Contained on Following Pages]