2000-50162
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QlOO:RDED REOOIS'J OlP PIRS'lt DERIcrAN TITLE
8II.BDIJI-aIOJ IlAPmBG ~
RECORDING REQUESTED BY:
DOYlf 2000-0050162
JAN 31, 2000 4:34
PM
of?J)1
OFFICIAl REllRDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COlJffi' RECORDER
FEES: 22.00
II11IIIII1III1
2000-0050162
AND WHEN RECORDED RETURN TO:
City ofEncinitas
Att'n: City Manager
505 South Vulcan Avenue
Encinitas, California 92024
FREE RECORDING GOVT CODE ~6103
SPACE ABOVE THIs LINE FOR REcORDER'S USE
ASSIGNMENT OF DEVELOPMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged, CARLTAS
COMPANY, a California limited partnership, ("Assignor"), hereby assigns to
EXCHANGE RESOURCES, INC., a California corporation ("Assignee"), all of
Assignor's rights and benefits in that certain Development Agreement by and between City
of Encinitas and Carltas Company, a California limited partnership; Paul Ecke Ranch, a
California corporation; P.E. III Properties, LLC, a California limited liability company;
Paul Ecke, Jr. and Elisabeth K. Ecke, both individually and as Co-Trustees under Trust
Agreement dated March 7, 1983; North Mesa LLC, a California limited liability company;
R.E.L.S., Inc., a California corporation; Charles S. Carter and Ruth Draper Carter, both as
Co-Trustees under the Declaration of Trust dated June 2, 1982; Raymond A. Whitwer, an
individual; David N. Whitwer, an individual; Craig P. Whitwer, an individual; and
Geneen L. Whitwer, an individual, dated September 28, 1994, as recorded in the Office of
the County Recorder of SanDiego County, December 14, 1994, as Document
No. 1994-0713677 (the "Development Agreement"), but as to only the land more
particularly described in Schedule 1 attached hereto and made a part hereof (the "Real
Property"). Such assignment includes, without limitation, the right to obtain building
permits and all other benefits under the Development Agreement, subject to the entitlement
and limitations set forth in the Development Agreement.
Nothing contained herein or in the "Acceptance" or "Consent" set forth below shall
be construed to relieve Assignor of its obligations under the Development Agreement with
respect to any real property subject to the Development Agreement retained by Assignor.
Effectiveness of this Assignment is conditioned upon the conveyance of the Real
Property.
mrb\mesares\lot45assign.doc
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This Assignment has been executed at Carlsbad, California, as of January 14,2000.
CARLTAS COMPANY, a California
limited partnership
By:
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On January If , 2000, before me, the undersigned Notary Public, personally appeared
CHRISTOPHER C. CALKINS personally known to me or proved to me on the basis of
satisfactory evidence to be the personts) whose name(sj islafe subscribed to the within
instrument, and acknowledged to me that hel-sfteltkey executed the same in hislher/tkeir
authorized capacity~, and that by hisIRer/tkeir signature(sj on the instrument the
personts), or the entity upon behalf of which the personts) acted, executed the instrument.
WITNESS my hand and official seal.
}nn...;.. ,e. ~
(SEAL)
e MONICA R. BROWNING
i . CcmmJssIon. 122901.
2 Notary PubIfc - CaIb...
.. San DIego County
MyComn.&pqsJull6.21J3
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ACCEPTANCE
EXCHANGE RESOURCES, INC., a California corporation ("Assignee"), hereby
(i) accepts the foregoing Assignment and (ii) assumes the duties, obligations and liabilities
arising from the Development Agreement as described thereunder related to the Real
Property, it being understood that such assumption shall include unperformed obligations,
if any, of Assignor which were to have been performed prior to the effective date of the '
Assignment but have not been so performed.
Assignee acknowledges and agrees that Assignee has read and understands the
Development Agreement and all of the provisions thereof, including without limitation the
joint and several obligation to reimburse the City ofEncinitas for specified processing costs
and the cost of acquiring Indianhead Canyon Parcel regardless of whether any portion of
the Project described in the Development Agreement is actually developed.
This Acceptance has been executed as ofJanuary~, 2000.
Assignee:
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9960
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STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On I-~ , 2000, before me, the undersigned Notary Public, personally
appeare4.) . ~~ ~,~""e.l~erSOnallY known to me or proved to
me on the basis of satis tory evidence to be the person~ whose nam~ i~
subscribed to the within instrument, and acknowledged to me that helske/tftey executed the
same in hisfher/their authorized capacity~, and that by hisJRer/tfteir signatur~ on the
instrument the person~, or the entity upon behalf of which the personfsj acted, executed
the instrument.
WITNESS my hand and official seal.
.i-.' , - , 'BRENDA A-,' ROSAS - -~
... Comm. , 1243833 1ft
II) NOTARYPUIUC.cAUFOllNIA !!
aM DIItO C..liy ..
1..... ..~y.c~:~~...~..:~O:~J
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9961
CONSENT
The City of Encinitas hereby consents to the foregoing Assignment. The City of
Encinitas hereby acknowledges that this Assignment complies with Section 3.1.6 of the
Development Agreement. The City of Encinitas further agrees that Assignor is hereby
released from any and all obligations related to the Development Agreement as they relate
only to the Real Property described on Schedule 1.
This Consent has been executed at Encinitas, California, as of January~ 2000.
THE CITY OF ENCINIT AS, a municipal
corporation
By: ~ -MCityManager
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On b J..4- ,2000, before me, the undersigned Notary Public, personally
app ed :s-: F. ~fAVso N personally known to me or
proved to me on the basis of satisfactory evidence to be the person(,g) whose name(.() is.4H:e-
subscribed to the within instrument, and acknowledged to me that helshe/they executed the
same in his/lwf/tllm authorized capacity(ies1, and that by hislher/thcit signaturets1 on the
instrument the person(81, or the entity upon behalf of which the personM acted, executed
the instrument.
WITNESS my hand and official seal.
f.,... ........ .~~~~.~I~.~~~~..l
CI)~ Comm."'<43097 :0
a::~ NOTARYPl.J8UC.CALIFORNIA en
(S E A L) L...........~~.~.:;:~..~~i
Gt~~~
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SCHEDULE 1
to
ASSIGNMENT OF DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF THE REAl, PROPERTY
That certain real property in the City of Encinitas, County of San Diego, State of
California, described as follows:
LOT 45 OF AMENDED MAP OF CITY OF ENCINITAS MAP NO. 13258, CITY OF
ENCINIT AS TRACT NO. 94-066, UNITS I, II AND III, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 13333, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1996.
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