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:
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”).
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”.
OWNER AGREEMENTOwner Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Missouri
THIS OWNER AGREEMENT (“Agreement”) is being entered into effective as of the 1st day of December, 2006 by and among CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company (“Lessor”); KINGSDELL L.P., a Delaware limited partnership (“Lessee”); and CWE HOSPITALITY SERVICES, LLC, a Missouri limited liability company (“Manager”).
RECOURSE GUARANTY AGREEMENTRecourse Guaranty Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THIS RECOURSE GUARANTY AGREEMENT (“Agreement”) is made as of December 1, 2006, by BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Guarantor”) to and for the benefit of MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation (“Lender”).
CROSS REIMBURSEMENT AND INDEMNITY AGREEMENTCross Reimbursement and Indemnity Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Missouri
THIS CROSS REIMBURSEMENT AND INDEMNITY AGREEMENT (this “Agreement”) is made as of December 1 , 2006 (the “Effective Date”) between CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company (“Hotel Owner”) and THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company (“Residences Owner”).
Title: Assignment, Assumption and Modification AgreementAssignment, Assumption and Modification Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Missouri
DEED OF TRUST AND SECURITY AGREEMENT AND FIXTURE FILING Cover SheetDeed of Trust and Security Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Missouri
THIS DEED OF TRUST AND SECURITY AGREEMENT AND FIXTURE FILING (this “Deed of Trust”) is made as of July 28, 2005, by and between KINGSDELL L.P., a Delaware limited partnership having an office at c/o IFC, Inc., 212 North Kingshighway Blvd., Suite 1023, St. Louis, Missouri 63108, Attention: James L. Smith, President (“Trustor” and “Borrower” and “Grantor”), in favor of Michael A. Chivell, having an office at Armstrong Teasdale LLP, One Metropolitan Square, St. Louis, Missouri 63102-2740 (“Trustee”), for the use and benefit of MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation having an address c/o Babson Capital Management LLC, 1500 Main Street, Suite 2100, Springfield, Massachusetts 01115, Attention: Managing Director, Real Estate Finance Group (“Beneficiary” and “Lender” and “Grantee”).
CONTRIBUTION AGREEMENT BETWEEN KINGSDELL L.P., a Delaware limited partnership AS TRANSFEROR AND THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company AS TRANSFEREE As of December 1, 2006Contribution Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
CONTRIBUTION AGREEMENT BETWEEN KINGSDELL L.P., a Delaware limited partnership AS TRANSFEROR AND CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company AS TRANSFEREE As of December 1, 2006Contribution Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THIS CONTRIBUTION AGREEMENT (the “Agreement”) is made to be effective as of the Effective Date (as hereinafter defined) by and between KINGSDELL L.P., a Delaware limited partnership (“Transferor”), and CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company (“Transferee”).
HOTEL OPERATING AGREEMENT BETWEEN CWE HOSPITALITY SERVICES, LLC AND KINGSDELL L.P. FOR CHASE PARK PLAZA ST. LOUIS, MO December 1, 2006Hotel Operating Agreement • January 25th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Missouri
THIS HOTEL OPERATING AGREEMENT (“Agreement”) is entered into as of December 1, 2006, between and among CWE HOSPITALITY SERVICES, LLC, a Missouri limited liability company (“Operator”), and KINGSDELL L.P., a Delaware limited partnership (“Owner”).
