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HomeMy WebLinkAboutASSIGNMENT AND ASSUMPTION OF THAT CERTAIN PARKING DECK AGREEMENT BY AND BETWEEN URBAN REDEVELOPMENT AGENCY OF AUGUSTA AND AUGUSTA, GEORGIA Assignment and Assumption of that certain Parking Deck Agreement (this "Assignment and Assumption") By and Between Urban Redevelopment Agency of Augusta ("Assignor") and Augusta, Georgia ("Assignee") WHEREAS, the Georgia Technology Authority ("GTA") and Assignor are parties to that certain Parking Deck Agreement, dated as of July ?.P, 2017 (the "Agreement"), concerning the construction, management and operation of an approximate 575-space parking deck to be constructed on land owned by GTA; and WHEREAS GTA and Assignor have agreed in the Agreement that the Assignor is permitted to assign the Agreement to the Assignee; and NOW, THEREFORE, the parties do agree as follows: 1. Each of the recitals set forth above are incorporated herein by reference and are made a part of this Assignment and Assumption. 2. Assignor does hereby assign all of its rights and interest in the Agreement to Assignee. This assignment shall operate to relieve the Assignor of responsibility for the performance of Assignor's duties and obligations under the Agreement through termination of the Agreement. 3. Assignee hereby assumes the Assignor's obligations to GTA, and all rights and interests pursuant to the Agreement. 4. GTA hereby consents to the assignment of the Agreement from Assignor to Assignee and releases the Assignor from all obligations under the Agreement. 5. This Assignment and Assumption may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all of which together shall constitute one and the same instrument. 6. Unless otherwise defined herein, any term used herein, the initial letters of which are capitalized, shall have the same meaning and definition given to such term in the Agreement. 7. This Assignment and Assumption shall be binding upon and inure to the benefit of the parties hereto and their heirs, legal representatives, successors and permitted assigns. IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment and Assumption as of the 20th day of July, 2017. ASSIGNOR: URBAN REDEVELOPMENT AGENCY OF AUGUSTA By: Chairman 55-K ASSIGNEE: AUGUSTA, GEORGIA By: Mayor 1-0, 7 (Assignment and Assumption of Parking Deck Agreement) Acknowledged and Consented to by: GEORGIA TECHNOLOGY AUTHORITY By: Name: Calvin Rhodes Title: Executive Director (Assignment and Assumption of Parking Deck Agreement)