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Assignment, Delegation, and Assumption of the Development Agreement as Amended 1994-0636665RECORDING REQUEST l� City of Poway • WHEN RECORDED, MAIL TO: City Clerk City of Poway P.O. Box 789 Poway, California 92064 n LJ is No Transfer Tax Due 530 6C # 1994 - 0636665 01 -NOV -1994 08 =13 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 13.00 FEES. 23.00 AF: 8.00 MF: 2.00 (Space above this line for Recorder's Use) ASSIGNMENT, DELEGATION, AND ASSUMPTION OF THE DEVELOPMENT AGREEMENT AS AMENDED BY AND BETWEEN THE CITY OF POWAY, AND McMILLIN EQUITY PARTNERS II CITY, PARTICIPANT. THIS ASSIGNMENT, DELEGATION AND ASSUMPTION OF THE DEVELOPMENT AGREEMENT AS AMENDED BY AND BETWEEN THE CITY OF POWAY, A MUNICIPAL CORPORATION, CITY, AND McMILLIN EQUITY PARTNERS II, DEVELOPER, ( "Assignment, Delegation and Assumption "), is made as ofalr/i/ /9, 1994, by and between McMillin Equity Partners II, a California limited partnership, Trident Homes of California, and the City of Poway who agree as follows: I . RECITALS: This Assignment is made with reference to and in contemplation of the following facts and circumstances: a. McMillin Equity Partners II and the City of Poway ( "City ") are parties to the Development Agreement by and between the City of Poway, City, and McMillin Equity Partners II , Developer, as amended on October 12, 1993, ( "Development Agreement "), and recorded with the San Diego County Recorder on October 26, 1993 as Document No. 1993 - 0714757. b. Trident Homes of California holds all legal interest in the property governed by the Development Agreement as of July 29, 1994. 2. ASSIGNMENT AND DELEGATION: For valuable consideration, receipt of which is hereby acknowledged, McMillin Equity Partners II hereby assigns all its rights and delegates all its obligations under the Development Agreement to Trident Homes of California. 3, ASSUMPTION: For valuable consideration, receipt of which is hereby acknowledged, Trident Homes of California hereby accepts all rights and assumes all obligations of McMillin Equity Partners II under the Development Agreement. i 531 4. RELEASE OF OBLIGATION: The City of Poway hereby releases McMillin Equity Partners II from any and all obligations of the Development Agreement. • IN WITNESS WHEREOF, McMillin Equity Partners II, Trident Homes of California and the City of Poway have executed and delivered this Assignment, Delegation and Assumption as of the date written above. CITY OF OWAY By: Don Higginson, Mayor Marjo 'e ahlsten, City Clerk McMILLIN E UITY PARTNERS II a California limited partnership By: McMILLIN DEVELOPMENT, INC., General Partner By: Awz )4w.,_ Its: .dt, Y1 • By. Z- (. Its: f 4.P , • C: S P- DATA\JO \DE V ADA. DOC TRIDENT HOMES OF CALIFORNIA By: Its: CALIFORNIA ALL- PURPOStACKNOWLEDGMENT `� z 4 No. 5907 State of County of °J On /f If before me, A. Q. DATE NAME. TITLE OF OFFICER - E.G., "JA E, TARY PUBLIC" personally appeared NAME(S) OF SIGN ❑ personally known to me - OR - X proved to me on the basis of satisfactory evidence to be the person(s4 whose name( .&) is /a--e- subscribed to the within instrument and ac- knowledged to me that he /s#� executed the same in his /"^ "'�T authorized capacity(fes), and that by his /he-rttt r signature(&) on the instrument the person( &), JOYCE A. BROCK or the entity upon behalf of which the tj co%4;,i.�K09471 person( -s) acted, executed the instrument. Noai er PU=- cAUF0M1 ► s sm onto COWN ►++CO7TM^°' "'''31t�" WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL I� CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA �R ENTIY E DESCRIPTION OF ATTACHED DOCUMENT T �E O TYPE OF DOC ENT NUMBER OF PAGES 4-e� / 9, / 9 9"Z DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of o� On ��� /9. /9f'`� bef]:?t? DATE E, TITLE personally appeared _AA4 Z OFFICER - E.G., "JANE DQ%NOTARY PUBLIC' No. 5907 // NAME(S) OF SIGNER(S) // ® personally known to me - OR - ❑(/proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i-&/are subscribed to the within instrument and ac- knowledged to me that hefb�/they executed the same in h+s�r /their authorized capacity(ies), and that by his/her /their �Y JC','CEA.L ;; uuC; signature(s) on the instrument the person(s), _:. cc�'v�r'9•�� va» � or the entity upon behalf of which the "Nmcocowr person(s) acted, executed the instrument. gtrc°"I'M E*5% Ma" at, "" WITNESS my hand and official seal. �f SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: AE OF PE ON(S) OR ENTITY(IE DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF&CydENT _.Z — NUMBER OF PAGES /m�/?/9 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184