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
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