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2000-474168a 1 E u J`0 a I$ R ' r 9A RECORDED REQUEST OF t Q First American Title 10993 SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY: AND WHEN RECORDED RETURN TO: City of Encinitas Att'n: City Manager 505 South Vulcan Avenue Encinitas, CA 92024 17 17-, 0 1! t !Jiuf. P, 1- III 11111I11I1111I11!I1I11il1111lll 2000-0474168 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, P.E. III PROPERTIES LLC, a California limited liability company ("Assignor"), hereby assigns to IKAIKA, LLC, a California limited liability company ("Assignee"), all of Assignor's 00 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 San Diego 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. Gray Cary\SD\1384206.3 102431-900100 10894 ~ Effectiveness of this Assignment is conditioned upon the conveyance of the Real Property. This Assignment has been executed at California, as of August 2000. P.E. III PROPERTIES LLC, a California limited liability company By: ! f Paul EctE, II, ruste'-of Paul Ecke III Revocable Trust dad September 22, 1989, Managing Member STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO On August 2000, before me, the undersigned Notary Public, personally app ared PAUL ECKE, III CZ-personally known to me, or O proved to me on the basis of satisfactory evidence to be the person('sj whose name(g4,is/ate, subscribed to the within instrument, and acknowledged to me that he/*l /they executed the same in his/her[thv4 authorized capacity(imi), and that by his/hm4theiT.signature(3~.on the instrument the person('~or the entity upon behalf oPwhich the person(O acted, executed the instrument. WITNESS my hand and official seal. JOYCE MIZOCK F.. ; COMM. #1259613 A U NOTARY PUBLIC-CAUFOMMA -4 M SAN DIEGO COUNTY 0 My Comm. Expket Msy 1. 2W Gray Cary\S D\ 13 84206.3 102431-900100 Signature of Notary Public 5 2 0 10895 0 GOVERNMENT CODE 27361.7 1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Commission Number: /25 ~-l 3 cE Ma6ac Date Commission Expires: Z County Where Bond is Filed: Manufacturer or Vendor Number: (Located on both sides of the notary seal border) Signature: Firm Name (if applicable) sa")Dje<~?o Date: 0 O Place of Execution: -71 Rec. form CR101Rcv. 7/961 • ioass t ACCEPTANCE IKAIKA, LLC, a California limited liability company ("Assignee"), hereby (a) accepts the foregoing Assignment and (b) assumes the duties, obligations and liabilities arising from the Development Agreement as described thereunder, 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. This Acceptance has been executed as of August,?,? , 2000. ASSIGNEE: to IKAIKA, LLC, a California limited liability company L By: 1__4 [Print Name and Office of Person Signing] By: [Print Name and Office of Person Signing] Gray Cary\SD\1384206.3 102431-900100 3 0 10897 Notarial Acknowledgment attached to Assignment of City Development Agreement between P.E. III Properties LLC, as Assignor, and Ikaika, LL C, as Assignee. STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO On August ~3, 2000, before me, A J lo-a t 5 the undersigned Notary Public, personally appeared e\Xt 2,V-) u3ast' O personally known to me, or X proved to me on the basis of satisfactory evidence to be the person* whose name*) is/ire subscribed to the within instrument, and acknowledged to me that he/44e/may executed the same in his/hWtkeir authorized capacity(*~, and that by his/lfr/411eir signature(tton the instrument the person, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. (S E A L) DAR1A J. DAViS Commission # 1224937 Notary Public - Ca rfomio Son Diego County Z Q-&MyComm.EVkMj un 18, 2f~3 Signature of Notary P 1 STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO On August 0, 2000, before me, ~0.~ ~0.✓~ S the undersigned Notary Public, personally appeared }~V-t r'-A 7 , ~74,,rM ~ --Tr O personally known to me, or )M proved to me on the basis of satisfactory e ence to be the person( whose name(o' is/*c subscribed to the within instrument, and acknowledged to me that he/sue/try executed the same in his/her/lioir authorized capacity(isa), and that by his/hter/heir signature(* on the instrument the person(}, or the entity upon behalf of which the person(s,r~acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Signature of Notary P is DARIA J. DAMS Commission # 1224937 Z .s Notary Public - Colifomia Son Diego County Li!twmy Comm. Dcpires Jun 18, 2i Gray Cary\SD\1384206.3 102431-900100 4 0 10898 CONSENT The City of Encinitas hereby consents to the foregoing Assignment. The City hereby acknowledges that this Assignment complies with Section 3.1.6 of the Development Agreement. The City 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 attC S -7 2000. THE CITY OF ENCINITAS, a municipal corporatioryi By: City Manager 5 iosss • ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego ss. On August 22, 2000, before me, Patricia Drew, Notary Public, appeared Kerry L. Miller, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Patricia Drew, Notary Public My Commission Expires June 22, 2001 PATRICIA DREW Comm. # 1143097 0 X o NOTARY PUBLIC-CALIFORNIA U) ,I . SAN DIEGO COUNTY ? My Comm. Exp. June 22, 2001 SEAL pd\misc\ack. LW ~ iosoo SCHEDULEI TO ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT y Legal Description of Propert The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: Lot 3 of City of Encinitas Tract No. 96-170, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 13481, filed in the Office of the County Recorder of San Diego County, October 9, 1997. Gray Cary\SD\1384206.3 102431-900100 AIM!~ WELLS FAR,GO Real Estate Group - San Diego 401 B Street, Suite 304 San Diego, CA 92101 (619) 699-3088 Fax (619) 699-3105 January 10, 2000 The City of Encinitas 505 South Vulcan Avenue Encinitas. CA 92024 Re: Development Agreement by and between the City of Encinitas and Carltas Company et al. Dated September 28, 1994 recorded December 14, 1994 as Document No. 1994-0713677, Official Records of San Diego County (the "Development Agreement") Request for Notice of Default Wells Fargo Bank, National Association is making a loan to Encinitas Town Center Associates Il, LLC, a Delaware limited liability company ("Borrower") in connection with the development of certain real property known as Lot 35, of Amended Map of Encinitas Map No. 13258, City of Encinitas Tract 94-066, as shown on Map No. 13333 filed in the Office of the County Recorder of San Diego County, June 3, 1996 ("Property"). Pursuant to Section 3.6 of the above referenced Development Agreement, this letter is intended to be a request for notification from the City of Encinitas of any default by the Owner in the performance of its obligations under the Development Agreement. Please send all such notices to the address set forth below: Wells Fargo Bank, National Association Attn: Loan Administration Loan No.: 2563SD 401 "B" Street, Suite 304 San Diego, CA 92101 Thank you for your cooperation in this regard. x CITY 11JI MAGER'S OFFICE WELLS FARGO BANK, NATIONAL ASSOCIATION By: I Jeffrey R ed, Sr. ice Pres ent