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2000-50162 ., (~ 0f l \ 1 0 ~ ~<() - l' 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 :ijo .; 9958 . .. 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 mrb\mesares\1ot45assign.doc 2 . 9959 . . 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: mrb\mesares\lot45assign.doc 3 . 9960 . 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 mrb\mesares\lot45 assign. doc 4 . . 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~~~ mrb\mesares\1ot45assign.doc 5 , . . 9962 . . 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. mrb\mesares\lot45assign.doc 6