EXHIBIT 10.17
MERIDEN SQUARE
MERIDEN, CONNECTICUT
AMENDED AND RESTATED
ASSIGNMENT OF MANAGEMENT AGREEMENT
THIS AMENDED AND RESTATED ASSIGNMENT OF MANAGEMENT AGREEMENT is made
as of the 1st day of July, 1996, between CENTERMARK PROPERTIES, INC., a Missouri
corporation ("Assignor"), and CENTERMARK MANAGEMENT COMPANY, a Delaware general
partnership ("Assignee").
W I T N E S S E T H T H A T:
WHEREAS, Assignor is the manager of that certain regional shopping
center known as Meriden Square, located in Meriden, Connecticut (the "Premises")
pursuant to that certain Management Agreement, dated as of June 1, 1989, between
Meriden Square Partnership, a Connecticut general partnership ("Owner"), and
Assignor, as amended by that certain First Amendment to Management Agreement,
dated as of February 4, 1994, between Owner and Assignor (as amended, the
"Meriden Management Agreement");
WHEREAS, Assignor performs certain leasing and tenant coordination
services with respect to the Premises pursuant to that certain Leasing and
Tenant Coordination Agreement, dated as of June 1, 1989, between Owner and
Assignor, as amended by that certain First Amendment to Leasing and Tenant
Coordination Agreement, dated as of February 4, 1994, between Owner and Assignor
(as amended, the "Leasing and Tenant Coordination Agreement"; the Meriden
Management Agreement and the Leasing and Tenant Coordination Agreement are
hereinafter referred to collectively as the "Assigned Agreements");
WHEREAS, Assignor assigned its interest under the Assigned Agreements
to Assignee pursuant to an Assignment of Management Agreement, dated February
11, 1994, between Assignor and Assignee (the "Original Assignment"); and
WHEREAS, Assignor and Assignee desire to amend and restate the
Original Assignment in its entirety.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree to amend
and
restate the Original Assignment in its entirety to read as follows:
1. Assignor hereby assigns, transfers and sets over to Assignee all
of Assignor's right, title and interest in, to and under the Assigned
Agreements, and Assignee hereby accepts such assignment and assumes all
obligations arising thereunder from and after January 1, 1995.
IN WITNESS WHEREOF, the parties have executed this Assignment as of
the date first above written.
ASSIGNOR
CENTERMARK PROPERTIES, INC.
By: /s/ Xxxxxxx Xxxxx
-----------------------------
Name: Xxxxxxx Xxxxx
Title: President
ASSIGNEE
CENTERMARK MANAGEMENT COMPANY
By: WESTFIELD SERVICES, INC.,
managing general partner
By: /s/ Xxxxx Xxxx
-----------------------
Name: Xxxxx Xxxx
Title: Vice President
0
XXXXXXX XXXXXX XXXXXX
XXX XXXXX, XXXXXXXXXX
AMENDED AND RESTATED
ASSIGNMENT OF MANAGEMENT AGREEMENT
THIS AMENDED AND RESTATED ASSIGNMENT OF MANAGEMENT AGREEMENT is made
as of the 1st day of July, 1996, between CENTERMARK PROPERTIES, INC., a Missouri
corporation ("Assignor"), and CENTERMARK MANAGEMENT COMPANY, a Delaware general
partnership ("Assignee").
W I T N E S S E T H T H A T:
WHEREAS, Assignor is the manager of that certain regional shopping
center known as Mission Valley Center (including Mission Valley East and Mission
Valley West), located in San Diego, California (the "Premises") pursuant to that
certain Management Agreement, dated as of April 8, 1986, between Assignor and
Mission Valley Partnership, a California limited partnership ("Owner"), as
amended by that certain First Amendment to Management Agreement, dated as of
February 1, 1994, between Assignor and Owner (as amended, the "Assigned
Agreement");
WHEREAS, Assignor assigned its interest under the Assigned Agreement
to Assignee pursuant to an Assignment of Management Agreement, dated February
11, 1994, between Assignor and Assignee (the "Original Assignment"); and
WHEREAS, Assignor and Assignee desire to amend and restate the
Original Assignment in its entirety.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree to amend
and restate the Original Assignment in its entirety to read as follows:
1. Assignor hereby assigns, transfers and sets over to Assignee all
of Assignor's right, title and interest in, to and under the Assigned
Agreement, and Assignee hereby accepts such assignment and assumes all
obligations arising thereunder from and after January 1, 1995.
IN WITNESS WHEREOF, the parties have executed this Assignment as of
the date first above written.
ASSIGNOR
CENTERMARK PROPERTIES, INC.
By: /s/ Xxxxxxx Xxxxx
---------------------------
Name: Xxxxxxx Xxxxx
Title: President
ASSIGNEE
CENTERMARK MANAGEMENT COMPANY
By: WESTFIELD SERVICES, INC.,
managing general partner
By: /s/ Xxxxx Xxxx
----------------------
Name: Xxxxx Xxxx
Title: Vice President
0
XXXXX XXXXXX XXXX
XXXXXXXX, XXXXXXXXXX
AMENDED AND RESTATED
ASSIGNMENT OF MANAGEMENT AGREEMENT
THIS AMENDED AND RESTATED ASSIGNMENT OF MANAGEMENT AGREEMENT is made
as of the 1st day of July, 1996, between CENTERMARK PROPERTIES, INC., a Missouri
corporation ("Assignor"), and CENTERMARK MANAGEMENT COMPANY, a Delaware general
partnership ("Assignee").
W I T N E S S E T H T H A T:
WHEREAS, Assignor is the manager of that certain regional shopping
center known as Plaza Camino Real Mall, located in Carlsbad, California (the
"Premises") pursuant to that certain Management Agreement, dated as of February
11, 0000, xxxxxxx Xxxxx Xxxxxx Xxxx, a California limited partnership, and
Assignor (the "Assigned Agreement");
WHEREAS, Assignor assigned its interest under the Assigned Agreement
to Assignee pursuant to an Assignment of Management Agreement, dated February
11, 1994, between Assignor and Assignee (the "Original Assignment"); and
WHEREAS, Assignor and Assignee desire to amend and restate the
Original Assignment in its entirety.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree to amend
and restate the Original Assignment in its entirety to read as follows:
1. Assignor hereby assigns, transfers and sets over to Assignee all
of Assignor's right, title and interest in, to and under the Assigned
Agreement, and Assignee hereby accepts such assignment and assumes all
obligations arising thereunder from and after January 1, 1995.
IN WITNESS WHEREOF, the parties have executed this Assignment as of
the date first above written.
ASSIGNOR
CENTERMARK PROPERTIES, INC.
By: /s/ Xxxxxxx Xxxxx
Name: Xxxxxxx Xxxxx
Title: President
ASSIGNEE
CENTERMARK MANAGEMENT COMPANY
By: WESTFIELD SERVICES, INC.,
managing general partner
By: /s/ Xxxxx Xxxx
Name: Xxxxx Xxxx
Title: Vice President
0
XXXXXXX XXXXX
XXXXXX XXXX, XXXXXXXXXX
AMENDED AND RESTATED
ASSIGNMENT OF MANAGEMENT AGREEMENT
THIS AMENDED AND RESTATED ASSIGNMENT OF MANAGEMENT AGREEMENT is made
as of the 1st day of July, 1996, between CENTERMARK PROPERTIES, INC., a Missouri
corporation ("Assignor"), and CENTERMARK MANAGEMENT COMPANY, a Delaware general
partnership ("Assignee").
W I T N E S S E T H T H A T:
WHEREAS, Assignor is the manager of that certain regional shopping
center known as Topanga Plaza, located in Canoga Park, California (the
"Premises") pursuant to that certain Management Agreement, dated as of December
1, 1985, between Assignor and Topanga Plaza Partnership, a California general
partnership ("Owner"), as amended by that certain First Amendment to Management
Agreement, dated as of February 1, 1994, between Assignor and Owner (as amended,
the "Assigned Agreement");
WHEREAS, Assignor assigned its interest under the Assigned Agreement
to Assignee pursuant to an Assignment of Management Agreement, dated February
11, 1994, between Assignor and Assignee (the "Original Assignment"); and
WHEREAS, Assignor and Assignee desire to amend and restate the
Original Assignment in its entirety.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree to amend
and restate the Original Assignment in its entirety to read as follows:
1. Assignor hereby assigns, transfers and sets over to Assignee all
of Assignor's right, title and interest in, to and under the Assigned
Agreement, and Assignee hereby accepts such assignment and assumes all
obligations arising thereunder from and after January 1, 1995.
IN WITNESS WHEREOF, the parties have executed this Assignment as of
the date first above written.
ASSIGNOR
CENTERMARK PROPERTIES, INC.
By: /s/ Xxxxxxx Xxxxx
---------------------------
Name: Xxxxxxx Xxxxx
Title: President
ASSIGNEE
CENTERMARK MANAGEMENT COMPANY
By: WESTFIELD SERVICES, INC.,
managing general partner
By: /s/ Xxxxx Xxxx
----------------------
Name: Xxxxx Xxxx
Title: Vice President
2