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