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