Loading...
Assignment, Delegation and Assumption of the Owner Participation Agreement as Amended 1994-0636666AND McM -ILLIN EQUITY PARTNERS 1:1 PARTICI :PANT. This ASSIGNMENT, DELEGATION AND ASSUMPTION OF THE OWNER PARTICIPATION AGREEMENT AS AMENDED BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY, AGENCY, AND McMILLIN EQUITY PARTNERS II, PARTICIPANT, ( "Assignment, Delegation and Assumption "), is made as of 1994, ® by and between McMillin Equity Partners II, a California limited partnership, Trident Homes of California, a California Corporation, and the Poway Redevelopment Agency who agree as follows: 1. RECITALS: This Assignment is made with reference to and in contemplation of the following facts and circumstances: a. McMillin Equity Partners 11 and The Poway Redevelopment Agency ( "Agency ") are parties to the Owner Participation Agreement by and between the Poway Redevelopment Agency, Agency, and McMillin Equity Partners I1, Participant, as amended on May 16, 1991, ( "Owner Participation Agreement "), and recorded with the San Diego County Recorder on May 30, 1991 as Document No. 1991- 0252919. b. Trident Homes of California holds all legal interest in the property governed by the Owner Participation Agreement as of July 29, 1994. 2. ASSIGNMENT AND DELEGATION: For valuable consideration, receipt of which is hereby acknowledged, McMillin Equity Partners 1:1 hereby assigns all its rights and delegates all its obligations under the Owner Participation 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, 11 under the Owner Participation Agreement. C:SP- DATAU010WN RADA.DUC 534 �C #_1994 - 0636666 wRECORDNGREQUEST 01 NOV -1994 08 :13 AM City of Poway ) OFFICIAL RECORDS WHEN RECORDED, MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER City Clerk ) }� ' RF: 13.00 FEES: 23.00 AF. 0.00 City of Poway P.O. Box 789 MP 2.00 Poway, Califomia 92064 ) . No Transfer Tax Due (Space above this line for Recorder's Use) ASSIGNMENT, DELEGATION, AND ASSUMPTION OF THE OWNER PARTICIPATION AGREEMENT AS AMENDED BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY, AGENCY, AND McM -ILLIN EQUITY PARTNERS 1:1 PARTICI :PANT. This ASSIGNMENT, DELEGATION AND ASSUMPTION OF THE OWNER PARTICIPATION AGREEMENT AS AMENDED BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY, AGENCY, AND McMILLIN EQUITY PARTNERS II, PARTICIPANT, ( "Assignment, Delegation and Assumption "), is made as of 1994, ® by and between McMillin Equity Partners II, a California limited partnership, Trident Homes of California, a California Corporation, and the Poway Redevelopment Agency who agree as follows: 1. RECITALS: This Assignment is made with reference to and in contemplation of the following facts and circumstances: a. McMillin Equity Partners 11 and The Poway Redevelopment Agency ( "Agency ") are parties to the Owner Participation Agreement by and between the Poway Redevelopment Agency, Agency, and McMillin Equity Partners I1, Participant, as amended on May 16, 1991, ( "Owner Participation Agreement "), and recorded with the San Diego County Recorder on May 30, 1991 as Document No. 1991- 0252919. b. Trident Homes of California holds all legal interest in the property governed by the Owner Participation Agreement as of July 29, 1994. 2. ASSIGNMENT AND DELEGATION: For valuable consideration, receipt of which is hereby acknowledged, McMillin Equity Partners 1:1 hereby assigns all its rights and delegates all its obligations under the Owner Participation 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, 11 under the Owner Participation Agreement. C:SP- DATAU010WN RADA.DUC C7 1�1 • a 535 4. RELEASE OF OBLIGATION: The Poway Redevelopment Agency hereby releases McMillin Equity Partners Il from any and all obligations of the Owner Participation Agreement. IN WITNESS WHEREOF, McMillin Equity Partners 1I, Trident Homes of California and the Poway Redevelopment Agency have executed and delivered this Assignment, Delegation and Assumption as of the date written above. POWAY REDEVELOPMENT AGENCY By: 4 Don Higginson, Chai By: 0a' - Marjori hlsten, Secretary MCMILLIN E ITY PARTNERS II a California limited partnership By: McMILLMT DEVELOPMENT, INC., General Partner By: Its. By: L� L' Its: C: S P- DATAU010%%'N R:1DA. DOC TRIDENT HOMES OF CALTFORNIA By: Its: 1:q,-- %CALIFORNIA ALL-PURPOS P ACKNOWLEDGMENT 536 State of "J County of of On [1��6Z4k -' - 9, �9� before me, Q. , DATE NAME, TITLE OF OFFICER - E.G., -J AWE-DO gAOTARY PUBLIC - personally appeared (/ (/ (/ NAME(S) OF WNER(S) ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the persons) whose name(&) is /ar-e subscribed to the within instrument and ac- knowledged to me that he /she/t ey executed the same in his / 4eT2;r authorized capacity(iees), and that by his /hef their JOYCE A.BROCK signature(&) on the instrument the person(*, COW.N8W7f � or the entity upon behalf of which the =MY AND"�'`�,TY erson acted, executed the instrument. sAr, oa�o ca�Rr p (�" W Cowen. BVVM W=ch 31. t9w WITNESS my hand and official seal. er1— SIGNATURE OF NOTARY OPTIONAL No. 5907 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 OFFICPP U�PJ TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAM) OR ENrITY(IES) DESCRIPTION OF ATTACHED DOCUMENT / (O. TYPE CUMENT NUMBER OF PAGES Q &4z'2. /9 /9"?/ 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 %cALLFoRN1A ALL- PURPOS ACKNOWLEDGMENT State of County of - &L" od On A &6VLz'i' /q before me, � DATE _ �/ personally appeared f 7 i1' / NAME, TITLE OFFICER . E.G., 537 ✓ _A'.1'- NOTARY PUBLIC- No. 5907 (/ NAME(S) OF S+G`ER(S) U personally known to me - OR - ❑ 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 ac- knowledged to me that heisMe /they executed the same in hisfher /their authorized JOYCE A•EROCK capacity(ies), and that by hh�/their COMM. PM471 =,WPIJWC-.8� signature(s) on the instrument the person(s), �� or the entity upon behalf of which the My person(s) acted, executed the instrument. 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 !ZRATE OFFICER 3 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: E F P RSON(S) ORE (IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT —2 — NUMBER OF PAGES /o —le— !� 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