1995-559945 KIII�G,D, ED 77,07777' OV FIRST' 1i1✓MIM TITZ ' ! .}}
RICORDING REQUESTED BY AND 08- DEC-199 5 02? 17 I"N
WHEN RECORDED RETURN TO: UFFCIF��_ RECORD'S
?flN IE=_i� COUNT''' �;ECORGLR.sS OFF L
City of Encinitas 1379 GREGORY Sl"ITH, COUNTY "C0R['�F'`
505 South Vulcan Avenue 'F� 11.'?ry FEES 00
Encinitas, California 92024 AF. 13.70
Attn: City Manager iIF: 1-00 FREE RECORDING
130VT colic 16102
-` SPACE AEgKi T"is Lwe FOR RECORnER'e 116E
ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged, CARLTAS
COMPANY,a California limited partnership("Assignor"), hereby assigns to ENCINfTASTOWN
CENTER ASSOCIATES, LLC, a Delaware limited liability company ("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 San Diego
County, December 14, 1994, as Document No. 1994-0713677 (the "Development
Agreement"),but as to only the Taind more particularly described'in Schedule 1 attached hereto
and made a part hereof (the "Real Property"). Said 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.
This Assignment has been executed at &WA/"-k , California, as of
5- , 1995.
CARLTAS COMPANY,
a California limited partnership
By: CARLTAS MANAGEMENT,
a California cor oration,
Its General P rt er
y
By:
Chri t h r . Calkins, President
SD1\69232 1 oCANNED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
1380
County of San Diego
On December 5, 1995 before me, Karen A. Phelps, Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Christopher C. Calkins-------------
Name(s)of Signer(s)
IN personally known to me–phi,yf�,�f��/ 'c1' r�`��,fa(ytyij�/df/ ,#i� zq�r�'i. ( �to be the person(/
whose nameM is/ApWsubscribed to the within instrument
and acknowledged to me that he/q/Vjb*/executed the
same in his/,h)er/" authorized capacityopp ), and that by
his/rpyl"r/signature(e)on the instrument the persono),
� - or the entity upon behalf of which the personN acted,
Y Karen A. Ptw*x executed the instrument.
COMMPM3=
WTMY WITNESS y hand and"officiat eal.
Mfr Comm.E*�3,1st ��
� // Sign Fe of Notary P lic
0T i;OONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee - ❑ Trustee _
�`:"
El Guardian or Conservator El Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association•6236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
ACCEPTANCE 1381
ENCINITAS TOWN CENTER ASSOCIATES, LLC, a Delaware limited liability company
("Assignee"), hereby (i) accepts the foregoing Assignment and (ii) 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, including without limitation the joint
and several obligation to reimburse the City of Encinitas for specified processing costs and the
cost of acquiring Indian Head Canyon Parcel regardless of whether any portion of the Project
described in the Development Agreement is actually developed.
This Acceptance has been executed as of bey. L,e,-- 5, / . 1995.
Assignee:
ENCINITAS TOWN CENTER ASSOCIATES, LLC,
a Delaware limited liability company
By: ZRP Encinitas, LLC;, a Delaware
limited liability company , Operating Member
By: Zelman Retail Partners, Inc. , a
California corporation
Its: Man Membe
Y:
Ben lRea 11—ng
Its: President
SD1\692327.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
1382
County of San Diego
On December 5, 1995 before me Karen A. Phelps, Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Ben Reiling--------
Name(s)of Signer(s)
X personally known to me–�F�,�/( ¢S�fe�d k�dd�k/pf�tfik s�df/safi�yah,(dr� XCt9f>Ek/to be the person(o)
whose name(s) is/Ade'subscribed to the within instrument
and acknowledged to me that he/*(Y/#ter executed the
same in his/AU/NeiVauthorized capacity(WY,and that by
his/M//#Mr/signature(,)on the instrument the personN,
or the entity upon behalf of which the person(sr) acted,
----- -------------am A. Phe executed the instrument.
.w �OMM WITNESS my han¢and official seal.
kbCWa1* 3. ( f
. Sighliure of No1'ary ublic
r
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
E] Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CONSENT 1383
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 ,
1995.
THE CITY OF ENCINITAS,
a municipal corporation
By:
City Manager
1384
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
On g ' , 1995,before me,the undersigned Notary Public,personally
appeared Jqt-IGS rr 6elocod 45: 7,
personally known to-me or
u proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument, and
acknowledged to me that. he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Patricia Drew
• comm. 995730 ��(l,
z NOT ARY PUBLIC•CAUFORNIA SAN OIEGOCOUNTY My Comm.Exp.May 29,1997: Notary Public in and for said County and State
(S E A
SDI\692327.1
SCHEDULE 1
to
ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT
1385
LEGAL DESCRIPTION OF THE REAL PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 13 AND 16 THROUGH 38 OF CITY OF ENCINITAS 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.
13258, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 7, 1995.
SUBJECT TO AN UNRECORDED CONDITIONAL IRREVOCABLE OFFER TO
DEDICATE REAL PROPERTY FOR PERFORMING ARTS THEATER OF LOT 16
OF SAID MAP NO. 13258.
EXHIBIT "A" TO ASSIGNMENT OF DEVELOPMENT AGREEMENT
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