Ord. 1557 2018-04-23 1 ORDINANCE NO. 1557
An Ordinance of the City Council of the City of Pearland, Texas (the "City"),
ratifying the terms of Ordinance No. 1541 dated August 14, 2017 (the
"Consent Ordinance"), which ordinance approved Consent Conditions and
consented to the creation of Brazoria County Municipal Utility District No.
69 (the "District")within the City's corporate boundaries.
WHEREAS, the Texas Legislature, during its 85th Legislative Regular Session, passed
House Bill No. 1962, codified as Chapter 7970 of the Special District Local Laws Code (the
"Act"), creating the District on 370.652 acres of land, more or less, located within the City's
corporate boundaries; and
WHEREAS, Section 54.016 of the Texas Water Code provides, in part, that land within a
city's corporate boundaries may not be included within a district without the city's written
consent; and
WHEREAS, pursuant to the terms of that certain Development Agreement by and
between the City and First Capital Partners, LLC, dated effective as of July 20, 2017 (the
"Development Agreement"), the City delivered its consent to the creation of the District and the
terms thereof in its adoption of the Consent Ordinance, attached hereto as Exhibit "A" and
incorporated herein for all purposes; and
WHEREAS, the Development Agreement was assigned to Massey Oaks Development
LP, pursuant to that certain Assignment and Assumption Agreement dated effective October 16,
2017, attached hereto as Exhibit "B"; and
WHEREAS, Massey Oaks Development LP, acquired title to a majority in value of the
land within the District by virtue of that certain Special Warranty Deed dated October 13, 2017,
recorded in the Official Public Records of Brazoria County, Texas, under Clerk's File No.
2017051889, and that certain Special Warranty Deed dated October 13, 2017, recorded in the
Official Public Records of Brazoria County, Texas, under Clerk's File No. 2017051881;
ORDINANCE NO. 1557
WHEREAS, Massey Oaks Development, LP, holder of title to a majority in value of the
land within the District has submitted that certain Petition for Consent to Creation of a Municipal
Utility District dated March 14, 2018 ("Consent Petition"), requesting the City's formal consent to
the creation of the District; and
WHEREAS, the Consent Petition was submitted in order to strictly comply with the terms
of Section 54.016, Texas Water Code, which requires that a petition for consent to creation by a
city be submitted by the holders of title to a majority in value of the land to be included within the
District; now, therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
That the City Council of the City of Pearland, Texas, hereby ratifies for all purposes the
terms of the Consent Ordinance previously adopted by the City Council, granting consent to the
creation of the District within the corporate limits of the City.
PASSED and APPROVED ON FIRST READING this the 9th day of April, A. D. 2018.
' :Q>-2/ i Cid
TOM REID
MAYOR
ATTEST: ,.,,,0_,!1::,:,:!.,/,,,,,,
id&Z)f-/ Aa/ / 1 ►Oe Off'G LW G, C =�• j-
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ORDINANCE NO. 1557
PASSED and APPROVED ON SECOND AND FINAL READING this t .e 3rd day of
April, A. D., 2018.
TOM REID
MAYOR
ATTEST:
NG •FI /\ `C
Y S CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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tz Ordinance No. 1557
Exhibit "A"
ORDINANCE NO. 1541,
An Ordinance of the City Council of the City of Pearland, Texas, approving
Consent Conditions and consenting to the creation of Brazoria County
Municipal Utility District No. 69 (the "District") within the City's corporate
boundaries.
WHEREAS, the Texas Legislature, during its 85t Legislative Regular Session, passed
House Bili No. 1962 ("H.B. 1962"), codified as Chapter 7970 of the Special District Local Laws
Code (the "Act"), creating the District on 370.652 acres of land, more or less, located within the
City's corporate boundaries (the"Property"); and
WHEREAS,Section 54.016 of the Texas Water Code provides, in part,that land within a
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city's corporate boundaries may not be included within a district without the city's written
consent; now, therefore,
BE ft'ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council of the City of Pearland, Texas, subject to the
conditions attached hereto as Exhibit "A" (the "Consent Conditions"), gives its written consent
to the creation of the District on the Property, described in Exhibit"B"attached hereto.
Section 2. This Ordinance when properly executed is the City's written consent to
the creation of the District to serve the Property. This consent is given and made expressly
subject to the Consent Conditions. No further action shall be required on the part of the City to
indicate such consent. Notwithstanding the foregoing, the City Manager, or his designee, is
hereby authorized to execute and deliver any additional documentation evidencing such •
consent as may be reasonably requested by the District or required by any regulatory authority
having jurisdiction over the District.
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ORDINANCE NO. 1541
Section 3. The District is authorized to exercise all powers granted to municipal
utility districts which may be hereinafter granted under the Constitution and laws of the State of
Texas, including, but not limited to, the power to provide water, wastewater and drainage
facilities, parks and recreational facilities, and roads, and to issued bonds for such purposes,
provided however, the exercise of such powers shall be subject to the terms and conditions set
forth in the Consent Conditions, that certain Development Agreement by and between the City
of Pearland and First Capital Partners, LLC, dated effective as of July 20, 2017, as the same
may be modified or otherwise amended, and the Act.
Section 4. That the City Council of the City of Pearland, Texas authorizes the City
Manager to execute that certain Utility Services Agreement, passed and approved by the City
Council on May 22, 2017 as part of Resolution 82017-86.
PASSED and APPROVED ON FIRST READING this the 24th day of July,A. D., 2017.
TOM REID
• MAYOR
ATTEST:
dNGd.
,iN .SETARY
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ORDINANCE NO.1841
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PASSED and APPROVED ON SECOND AND FINAL READING this the 14th day of
August, A. D., 2017.
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TOM REID
MAYOR
ATTEST:
...........
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at-'0`lig-711,c3eRMC St.,1 1k
TY SECRETARY
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APPROVED AS TO FORM:
hi •
DARRIN M. COKER
CITY ATTORNEY
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Ordinance No. 1557 ,1
Exhibit "A"
. EXHIBIT
1 $4 9 .
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CONSENT CONDI'T'IONS
1. The City of Pear/and, Texas (the "City'% through its City Manager, and the
developer on behalf of the District shall enter into and execute a utility services agreement in
substantially the form attached hereto as Exhibit ",f--i," to speoify the terms and conditions for
providing water and sewage treatment services to the District (the 'Utility Agreement"). Upon
the District's creation and continuation, the District shall assume all the rights, obligations, and
Interests of the developers under the Utility Agreement, as set forth therein.
2. Following final approval by the City of the first preliminary plat In the.District, all
meetings of the District conducted in accordance with the Texas Open Meetings Act shall he held
within the City's incospczrated limits..
3, The District may issue bowie, including refiutding bands, for any purposes - •
authorized by law, including but not limited to, purchasing, refinancing, designing and
constructing, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer
systems, and drainage facilities, ro ad a and re c r e at i o n a 1 fa e i l i t l e s or parts of such
systems or facilities,and to make any and all necessary purchases, constructions, improvements,
extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-
way, easements, sites, equipment, buildings, plants, structures, and facilities therefb e, and to •
operate and maintain the same, and to sell water,sanitary sewer, and other services within the •
boundaries of the District.All bonds issued by the District shall comply with the following terms;
1.
a) Provide that the District reserves the right to redeem said bonds
on any date subsequent to the fifteenth (15th) anniversary of the
• date of issuance (or any earlier date at the discretion of the
• District) without premium, and none of such bonds, other than
refunding bonds,will be sold for loss than 95% of par; provided
that the net effective interest rate on bonds so sold, taking into
• • account any discount or premium as well as the interest rate
borne by such bonds, will not exceed two percent(2%) above
the highest average interest rate reported by the Daily Bond :t'
Buyer in lb weekly "20 Bond Index" during the one-month r
period next preceding the dab of We sale of such bonds. •
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• b) The District shall not fluid more than 24 months capitalized interest . .
in a single bond issue..
c) Bond issuances shall provide for payment of no less than 40%of ! .N
the principal within the first half of the bond maturity schedule.
d) The District's initial bond debt maturity date shall not exceed 35 •
years.Subsequent bond issuances that excised the maturity date for ;it
the initial bonds shall require City Council consent by adoption of a
resolution,which such consent shall not be unreasonably withheld,
conditioned or delayed. .
e) No additional land may be annexed into the District unless the City =f
Council adopts a resolution granting its consent to the annexation,
1) Each year the District shall provide a copy of the order establishing
Its ad valoiem tax rate to the City Director of Finance within 30
days after the District's adoption of the rate.
g) Each year the District shall provide.a copy of its annual audit to the
City Finance Director within 30 days of the District's acceptance of :
the audit. :!
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ii) Tho resolution authorizing the issuance of the District's boards
shall contain a provision that tinele
the operationP � of any revenues from
of the District's water and sewer and/or *ainage
system to the payment of the District's bonds wilt terminate
when and if the City annexes the District, takes ovea• the assets
of the District,and assumes all of the obligations of the District, - 33
4. Before the commencement of any oonstruotlon within the District, its directors
officers, or developers and iandowuers will submit to the City, or to its designated representative,
all plans and specifications for the construction of water; sanitary sewer and drainage fbcrlities to..
• serve the District and obtain the approval of such plans and specifications therefrom. All water.
- wills, water meters, flushing valves, valves, pipes,and appurtenanees thereto, installed or used
within the District, will conform to the specifications of the City, AU water service lines and
sewer service lines, lift stations, and appurtenances thereto, installed or used within the District
will comply with the City's standard plans and'specifications as amended from, time to time.
Prior to the construction of such facilities within or by the District, the District or its engineer '
will give written notice by registered or certified mail to the City, stating the date that such
construction will be coiumenced. The consttxrction of the District's water, sanitary sewer, and i.
drainage facilities will be in accordance with the approved plans and specifications and with
applicable standards and specifications of the City; and during the ;
tY, g progress of the construction •
and installation of such facilities, the City may make periodic on-the-ground inspections.
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Ordinance No. 1557 i
Exhibit "B"
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...... H.B. No. 1962 ,Ia.. :1Bh .iiii.lT
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TRACT ONR
Being a tract of land containing 158.478 ,acres (6,903,334
square feet), located within the C.W. Groot; Surveys Abstract-525 in. s
Brazoria County, Texas; Said 158.478 acre tract being a portion of a
called 160.,acre"tract recorded in the name of Richard Rogers in x'
Volume 103, Page 371 of the Brbzoria County Deed Records (B.C.D.R.) h'
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and all of a called 13.655 acre tract recorded in the name of H.L,& j
P. Co. in Volume 1149, Page 240 of the B.C.D.R.; Said 158.478 acre
tract being more particularly described by metes and bounds as
follows (Bearings are based on the Texa's Coordinate System of 1983,
South Central none per GPS observations): r`
Beginning at a 5/8-inch iron .rod found at the southwest r
corner of a called 40.0000 acre tract of land recorded in the name
F._
of Prebhaker Rao nraksharem in Brazoria County Clerk's Pile Number
(B.C.C.I. No.) 2007030107, same being on the north line of a called h
151.44 acre tract recorded in the name of C.W. Way in Volume 272,
Page 103 of the B.C'.D.R., for the southeaet corner of said 160 acre .,•
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• N.B. Aro. 1962
• tract and the herein described tract, said iron rod being on the
Right-of-WayAR.O.W.) line of County Road 128 (30 foot easement •
reserved along the, north line in Volume 124, Page 477 of the
B.C.D.R. , no easement reserved along the south line of said 160 acre
tract found); •
Thence, with the north line of said 151.44 acre tract and the
• south line of said 160 acre tract and said 13.655 acre tract, South
87 degrees 19 minutes 22 seconds West, a distance of 2634.42.feet to
a 5/8-inch iron rod with a Biller Survey Group (MSG) cap set at an
angle point in said 151:44 acre tract, for the southwest corner of
said 160 acre tract and the herein descziled tract;
• Thence, with the upper east line of said 151.44 acre tract; -
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the east line of a called 138.83 acre tract of land recorded in the
name of Kargurite Massey Smith Charitable Remainder Trust, U.A. in •
B.C.C.F. No. 2010023347, same being the west line of said 160 acre
tract, North 02 degrees 36minutes 15 seconds West, at a distance of
• • 1389.29 feet pass a 5/8-inch iron rod found at the southeast corner A
of said 138.83 acre tract, same being the upper northeast corner of . •
said 151.44 acre tract, and continue in all a total distance of
2634.99 feet to a 5/8-inch iron rod with a MSG cap set for the
. northwest corner of said 160 acre tract and the herein described •
tract;
Thence, with the north line of said 160 acre tract, said
13.655 acre tract and the south line of a called BO acre tract -
recorded in the name of Georgeanne and William Reevesin B.C.CF.
No. 99026030, the south Use of a called 247.93: acre tract recorded
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, in the name of RMJ Miller Real Estate Holdings, Ltd. in B.C.C.P.
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H.B. No. 1962
No. 2002020349, and the south lines of a called 0.8902 acre tract of
land recorded in the •name of the City of Pearland in B,C.C.F.
No. 2009045975,the following three (3) courses; ••
1. North 87 degrees 17 minutes 52 seconds East, at a
distance of 12,2 feet pass a railroad rail in concrete found at the •
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called southwest corner of said S0 acre tract, from which a found' •
1-inch.iron pipe bears South 76 degrees 10 minutes East, a distance }
of 30.8 feet, and at a distance of 1320.06 feet passe 3/4-inch iron •
pipe found at the southeast_ corner of said 80 acre tract and
• continue in all a total distance of 2227.43 feet to a 5/8-inch iron
rod with a MSG cap set at the northwest corner of said 0.8902 acre
tract, for the weeteily northeast corner of the herein described :
• tract;
'2. South 51 degrees 39 minutes 45 seconds East, a
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distance of 165.85 feet to a 5/8-inch-iron rod with a CL Davis cap
found at the southwest earner of said 0.8902 acre tract, for an
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angle point in the north line of the herein described tract; •
. 3. North 87 degrees 18 minutes 49 seconds East, a
• distance of 279.87 feet to a 5/8-inch iron rod with a CL Davis cap
found the southeast corner of said 0.8902 acre tract, same being on
the lower west line of said 247.91 acre tract, and being on the east
line of said 160 acre tract, for the easterly northeast corner of
the herein described tract; -
Thence, with the lower west line of said 247.91 acre tract,
the west line of said 40.0000 acre tract and the east line of said
160 acre tract; South 02 degrees 39 minutes 46 seconds East, at a
distance' of 1207.41 feet pass a concrete monument found at a i
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H.B. No. 1'962
southwest corner of said 247.91 acre tract, same being the
northwest corner of said 40.0000 acre tract, and continue in all a
total distance of 2527.16 feet to the Point of Beginning and
t. containing 158.478 acres of land.
TRACT TWO
Being a tract of land containing 212.174 acres (9,242,293
square feet), located within the H. Stevens Survey, Abstract-593 in
Brazoria County, Texas; Said 212.174 acre tract being a portion of a
called 138.83 acre tract recorded in the .name of Nargurite Massey
Smith Charitable Remainder TrustU.A. in Brazoria County Clerk's
rile Number (B.C.C.B.. No_) 2010033347, all of a called 5.00 acre
tract of land recorded in the name of William Stephen Summers and
wife, Lois Winifrede Smith Summers in Volume (V.) 1318, Page 9 (P,)
700 of the Brezoxia County Deed Records (B.C.MR.), a].]. of a called
5-00 acre tract of land recorded in the name of Loie Winifrede
Summers in V. 1775, P. 250 of the B.C.D.R., a portion of a called
5.00 acre tract of land recorded in the name of Lois Wiaifxede.
Summers in V. 1775, P. 248 of the B,C.D,R., all of a called 10.55
acre tract of land recorded in the name of Loin Smith Summers in
•B.C.C.B_ No. 2013052681, a portion of a called 4-45 acre tract of
land recorded in the name of Lois Smith Summers in 8-C.Q.P.
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No. 2013052602, and all of a called 45.00 acre tract of land
recorded in the name. of Lois Smith Summers in B.C.C.P.
, No. 2013052682; Said 212.174 acre tract being more particularly
described by metes and bounds as follows (Bearings are based on the
Texas Coordinate s'atem of 1983, South Central Zone per GPS
observations);
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A.B. No. 1962
Beginning at a. 1-inch ion pipe found at'the northwest corner
of a called 151.44 acre tract recorded in the name of C.W. Way in
f Volume 272, Page 103 of the Brazaxia County Deed Records, sante'being
on the east line of a Lot 44 of the Allison-Richey Gulf Coast Home
Co. Part of Suburban Gardens, a subdivision plat of xecord in Volume
2, Page 89 of the brazozia County Pial Records (B.C.P.R.), said Lot
44, recorded in the name of Plains Exploration & Production
Company, L.P. in B.C.C.P. No. 02-033907, for the southwest corner
of said 136.83 acre tract and the hexet3tt described trent, r
. Thence, with the east line of Lots 44 thru 42 all recorded in
- • said B.C.C.P. No. 02-03307, the east line of Lots 41 and 40 being I -i
recorded in the name of Jisamy Brown in B.C.C.P. No. 1998020191, the J
east line of Lot 39 recorded in said B.C.C.P. No. 02-033007, the ?
east line of Lot 38 recorded in the name of Danny O. Waldon in e
R:C.C.P. No. 96-0254867, the east line of Lot 37 recorded in the i
name of International Victory Christian Church in B.C.C.P.
No. 2015007219, same being the west line of said 138.83 acre tract, ,
North 02 degrees 36 minutes 15 seconds West, at a distance of
2905.73 feet pass a found railroad spike at the northeast corner of ``
I said Lot 39, and at a distenee of 3862.37 feet pass a 5/8-inch iron •
rod with a Miller Survey Group (MSG) cap set on the occupied south
Right-Of-Way (R.O.w,) line of McKeever Road (county Road 100 width
varies, monumented,at 62.7 feet, north 20 feat per Volume 2, Page
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89, B.C.P.R.J, and continue'in all a total distance of 3897.23 feet
to a "P-K" nail set in.asphalt pavement for the northwest corner of
said 138.83 acre tract and the herein described tract'.
• Thence, with the north line of said 138.83 acre tract, said J
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if.B. No. 1%2
10.55 acre tract, said 5.00 acre tract (V. 1775, P. 2481 and said
4.45 acre tract, North 87 degrees 21 minutes 45 seconds Eaet, a
distance of 2384-30 feet to a "P•-IC" nail set in asphalt Pavement at .
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• the northeast coiner of said 4.45 acre tract, for the northeast
corner of the herein described tract;
Thence, with the east line of said 4.45 acre tract, South•02
degrees 36 minutes 15 seconds East, at a distance of 32.55 feet pass •
a 5/B- .nch iron rod with a Miller Survey Group (MEG) cap set on the
occupied south R.O.W. line of said McKeever Road, at a distance of
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41.87 feet pass a 5/8-inch iron rod found, 'and continue in all a '
total distance of 246.27 feet to a 5/8-inch iron rod with a cap
found'on the northeast line of a called 1.195$ acre tract of land
recorded in the name of the City of Peaxland, Texas in B.C.C.E.
No. 2011044376, from which a 5/8-inch iron rad with a CL Davis cap
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found bears South 51 degrees 41 minutes 48 seconds East, a distance '
of 12.55 feet, t
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Thence, with the lines of -said 1.1852 acre tract, the ,
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following four (4) courses:
1. North 5I degrees 41 minutes 98 seconds West, a •
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distance of 262.16 feet to a 5j8-inch iron rod with a cap found at an
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angle point; ,
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2. South 87 degrees 3.8 minutes 40 seconds West, a
distance of 49.92 feet to a. 5/8-inch iron rod with a cap found at an
angle point;
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3. South 38 degrees 18 minutes 12 seconds West, a -
distance of 107.26 feet to a 5/8-inch iron rod with a cap found at an
angle point; ,
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H.P. No. 1962
4. South 51 degrees 41 minutes 48 seconds East, a
• distance of 421.14 feet to a S/8-inch iron rod with a cap found on
the east line of said 4.45 acre tract, from which a 5/8-inch lion ••
rod with a Cl, Davis cap found bears South 51 degrees 41 minutes 48
seconds Bast, a distance of 12.84 feet;
Thence, with the east Zine of said 9.45 acre tract and the
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east line of said 138.83 acre tract, South 02 degrees 36 minutes 15
seconds East, a distance of 3465.72 feet to a 5/8-inch iron rod e=
found at the northeast corner of said 151.44 acre tract, for the ?;
southeast corner of said 138.83 acre tract and the herein described
tract;
Thence, with the line north line of said 151.44 acre tract and
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the south line of said 138.83 acre tract and said 45,00 acre tract,
South.87 degrees 21 minutes 45 seconds West, a distance of 2384.30
feet to the Point of Beginning and containing 212.174 acre of land. ..
Save and except the following 0.1697 acre tract:
Being a tract of land containing 0.1697 acres (7,394 square
feet), located in the U. Stevens Survey, Abstract-593 in Brazaria
County, Texas; Said 0.1597 acre treat being.all of a called 0,131E 1 :4';:':::-'-_'.':;:l.:'..-kli.:
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acre tract of land recorded in the name of the City of Pearland, I
Texas in B.C.C.P. No. 2012044376 and all of a called 0.0378 acre
tract of land recorded in the name of the City of Pearland, Texas in
E.C.C.F. No. 2011044379; Said 0,1697 acre tract being more
particularly described by metes and bounds as follows (Bearings axe
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based on the Texas Coordinate System of 1983, South Central Zone per
GPS observations);
Commencing at a 5/8-inch iron rod found at the northeasterly
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FI.B. No, 1962
corner of a called 1.1852 acre tract recorded.in the name of the
City of Pear.land, Texas in B.C.C.P. No. 2011044376,
hence, through and across a called 4.45 acre tract recorded
in the name of',Gip Smith Summers in B.C.C.P. No. 2013052682, North -
51 degrees 41 minutes 48 seconds West, a distance of 18.29 feet to a
• 5/8-inch iron rod with a MSG cap set at the southeast corner of said
0..1319.acre tract for the southeast corner of and Point of Beginning *:.
of the herein described tract/
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`hence, with the south line of said 0.1319 acre tract and
0.0378 acre tract, South 87 degrees 1.8 minutes 47 seconds West, a
distance of 263.76 feet to a r'
5/8-inch iron rod found at the C L
southwest corner of said 0.0978 acre tract, fox the southwest
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corner of the herein described tract;
Thence, with the west line of said 0.0378 acre tract, North 02
degrees 41 minutes 13 seconds West, a distance of 30.00 feet to a
5/8-inch iron rod with a MSG cap set at the northwest corner of said
0-0378 acre tract, for the northwest corner of the herein described
txaot j
Thence, with the north line of said 0.0379 acre tract and
0.1319 acre tract:, North,87 degrees 18 minutes 47 seconds East, a 1
"distance of 229.23 feet to a 5/8-.inch.iron rod with a HSG cap set at + '
the.northeast corner of said 0.1319 acre tract, fox the northeast
corner of the herein described tract/ -%^• :
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Thence, with the easterly line of said 0.1319 acre tract, �;:ti;
South 51 degrees 42 minutes 48 seconds Meet, a distance of 45.74
feet to the Point of Beginning and containing 0.1697 acres of land.
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Ordinance No. 1557
Exhibit "B"
ASSIGNMENT AND ASSUMPTION
AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment
and Assumption")is dated effective October 16,2017,and is entered into by and between
First Capital Partners, LLC, a Nevada limited liability company ("Assignor"), and
Massey Oaks Development,LP,a Texas limited partnership("Assignee"):
RECITALS
A. Reference is hereby made to the Development Agreement by and between
Assignor and the City of Pearland (the"Contract"), attached hereto as Exhibit"A". All
initially capitalized terms not otherwise defined herein shall have the meanings set forth
in the Contract unless the context clearly indicated otherwise.
B. Assignee is the owner of the Property, and intends to be the Developer of
the Project,as contemplated by the Contract.
C. Assignor desires to assign to Assignee, all of Assignor's right, title and
interest,to and under the Contract,and Assignee desires to accept the assignment thereof
and assume Assignor's obligations thereunder.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto hereby agree as
follows:
AGREEMENT
1, Assignment and Assumption.
1.1 Assignment. Assignor hereby transfers, assigns and conveys all of
Assignor's rights,interest,liabilities and obligations in and to the Contract to Assignee.
1.2 Assumption. Assignee hereby assumes all of the terms and provisions
under the Contract, and all of Assignor's obligations under the Contract.and agrees fully
and faithfully to pay, perform and discharge, as and when payment, performance and
discharge are due,all of Assignor's obligations under the Contract.
1.3 Binding Nature. This Assignment and Assumption shall be binding on
and inure to the benefit of Assignor and Assignee and their respective heirs, executors,
administrators,successors in interest and permitted assigns.
1.4 City P A proval/Current status of the Contact. This Assignment and
Assumption is contingent upon its approval by the City of Pearland, The City
acknowledges by its execution below that i)the Contract is valid and effective,ii)to the
knowledge of the City,there are no defaults under the Contract,and iii)assignment of the
Contract as security for any loan to Assignee is permitted under the Contract.
• 1.5 Release. Assignor is released from any obligations under the Contract.
2. Counterparts. This Assignment and Assumption may be executed in any number
of counterparts, each of which shall be deemed an original,but all of which when taken
together shall constitute one and the same instnnment. Each counterpart may be delivered
by facsimile transmission. The signature page of any counterpart may be detached
therefrom without impairing the legal effect of the signature(s) thereon provided such
signature page is attached to any other counterpart identical thereto,
IN WITNESS WHEREOF, Assignor and Assignee have executed this
Assignment and Assumption as of the day and year first above written.
"ASSIGNOR"
FIRST CAPITAL PARTNERS,LLC,
a Nevada limited liability company
By: (AAA,
Name:Ronald R. Cobb
Title:Manager
"ASSIGNEE"
MASSEY OAKS DEVELOPMENT LP,
a Texas limited partnership
By: Massey Oaks GP LLC, a Texas
limited liability company, its general
partner
By:
17
Ronald R.Cobb, anager •
•
Peter K.Gihishan,Manager
•
APPROVED:
City of Pearl.id
- i
By: /
rdar.,
I
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