Loading...
1996-637024 47 4- i 0`2 4 M, ORDED,RMUEST OF FIRST WMICAN Tina uu4 J . L 1)0-DEC-1996 01 : 46 PM RECORDING REQUESTED BY SAH �J;z t -'teTTQ 10� �Y 7 rl,D, ' '�:I�' -DEF jH! i AND WHEN RECORDED RETURN TO: j City of Encinitas 460 Att'n: City Manager 505 South Vulcan Avenue FREE RECORDING Encinitas, California 92024 GOVT CODE 16103 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNMENT OF CITY DEVELOPMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, CARLTAS COMPANY, a California limited partnership ("Assignor"), hereby assigns to GREEN VALLEY ASSOCIATES 11 LLC, a California 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 land 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 permirsand arfl ofher-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 lo The Z*ua4oqau)nt Agreement retained by Assignor. Effectiveness of this Assignment is conditioppd upon the conveyance of the Real Property. This Assignment has been executed at California, as of November /,S-, 1996. CARLTAS COMPANY, a California limited partnership By: CARLTAS MANAGEMENT,a California corporation Its: General.Partner By: C"hK istophe Calkins, President SD\1029864.2 461 ACCEPTANCE LLC GREEN VALLEY ASSOCIATES ll/a California 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 November I-5, 1996. Assignee: LLC GREEN VALLEY ASSOCIATES II/la California limited liability company By: California Traditions, Inc., a California corporation Its: Managing Member By: �N,47n, J ff E. J nson, Senior Vice President SD\1029864-2 2 4G2 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 November , 1996. THE CITY OF ENCINITAS, a municipal corporation By: ' City Manager SD\7029864-2 3 463 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO On November /5, 1996, before me, the undersigned Notary Public, personally appeared _ O w I TZWHI=k (1 , OAI-e o V� , personally known to me or n u to be the personal whose name(s) Cs/am subscribed to the within instrument, and acknowledged to me that K�efis executed the same in (!�[i/hertthEir authorized capacity(ies), and that by "s�het✓their signature(&). on the instrument the person(&), or the entity upon behalf of which the person(s}-acted, executed the instrument. WITNESS my h nd and fic' eal. No tar P lic in an for-said Cou y and State (SEAL) Karen A. Phelps 00MM.#101=5 IM Dew COUWY My Caem.E*Jan.3,1998 SD\1029864-2 4 64 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO On November , 1996, before me, the undersigned Notary Public, personally appeared _ personally known to me or proved to me on the basis of satisfactory evidence to be the person(a) whose name(sf is/afe subscribed to the within instrument, and acknowledged to me that he/sho/"y executed the same in his/hefAheir authorized capacity(44, and that by his/herAheir signatures+ on the instrument the person(si, or the entity upon behalf of which the person(s) acted, executed the instrument. y. WITNESS my hand and official seal. Notary Public i an for said County and State (SEAL) SD\1029884-2 5 Y �5 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO On November , 1996, before me, the undersigned Notary Public, personally appeared _ LA0KE-Ij N1 _ i,N/A5SF_j;QMF}/L/ , 0 personally known to me or Iii V ro o ie on'the._baers-ofi sa isfactory evidence to be the person(5whose named is/ax6 subscribed to the within instrument, and acknowledged to me that he/sheAhtb:r executed the same in his/herftheir authorized capacity(", and that by hisfherfth-& signatureWon the instrument the personj.8'f, or the entity upon behalf of which the person( acted, executed the instrument. Patricia Drew b COMM.* 995730 WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA a SAN OIEGO COUNTY h1. Comm.Exp.May 29,1997 Notary Public in and for said County and State (SEAL) SDN 029884-2 6 SCHEDULE 1 466 to ASSIGNMENT OF CITY 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: Lots 40 and 41 of Amended Map of City of Encinitas Map No. 13258, City of Encinitas Tract No. 94-066, Units I, If 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. SD\1029884-2 7