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Assignment, Delegation, and Assumption of the Owner Participation Agreement 1991-0202942n RECORDING REQUEST BY: ) City of Poway ) WHEN RECORDED, MAIL TO: ) City Clerk ) City of Poway ) P. 0. Box 789 ) Poway, California 92064 ) No Transfer Tax Due 1991-0202942 1248 02 —MAY -1991 12:15 PM SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EUANS , COUNTY RECORDER FEES: 0.00 Space above this line for Recorder's Use) ASSIGNMENT, DELEGATION, AND ASSUMPTION OF THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY, AND MCMILLIN COMMUNITIES, INC., r. a PARTICIPANT. This ASSIGNMENT, DELEGATION AND ASSUMPTION OF THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY, AGENCY, AND MCMILLIN COMMUNITIES, INC., PARTICIPANT, ( "Assignment, Delegation and Assumption ") , is made as of May 1 , 1991, by and between McMillin Communities, Inc., a California corporation, and McMillin Equity Partners II, a California limited partnership, who agree as follows: 1. RECITALS: This Assignment is.made with reference to and in contemplation of the following facts and circumstances: a. McMillin Communities, Inc. and The Poway Redevelopment Agency ( "Agency ") are parties to the Owner Participation Agreement by and between the Poway Redevelopment Agency, Agency, and McMillin Communities, Inc., Participant, ( "Owner Participation Agreement "), executed on June 18, 1990 and recorded with the San Diego County Recorder on July 26, 1990 as File /Page No. 90- 408019. b. McMillin Equity Partners II holds all legal interest in the property governed by the Owner Participation Agreement as of the date of this Assignment, Delegation and Assumption. 2. ASSIGNMENT AND DELEGATION: For valuable consideration, receipt of which is hereby acknowledged, McMillin Communities, Inc. hereby assigns all its rights and delegates all its obligations under the Owner Participation Agreement to McMillin Equity Partners II. 1 ® 12 4 9® 3. ASSUMPTION: For valuable consideration, receipt of which is hereby acknowledged, McMillin Equity Partners II hereby accepts all rights and assumes all obligations of McMillin Communities, Inc. under the Owner Participation Agreement. IN WITNESS WHEREOF, McMillin Communities, Inc. and McMillin Equity Partners II have executed and delivered this Assignment, Delegation and Assumption as of the date written above. McMILLIN COMMUNITIES, INC a California corporation B Y UJ ts: ,Executive Vice President By: is-: Vice President MCMILLIN EQUITY PARTNERS II, a California limited partnership By:McMILLIN DEVELOPMENT, INC., General Partner By:_ ..t.c_ fts: V ce Pre ident By: I✓ s: Seni rice President o: \5 \5546 \41858 \ASRIGHT.953 2 4/29/91 1:OOpm CLE:sh • � izso STATE OF CALIFORNIA ss. COUNTY OF San Diego On May 1, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Virgil E. Elliott and James H.Ondler personally known to me (or proved to nte�on the basis -ef _ tisf- a-e-le -er -dene ) to be the persons who executed the within instrument as Executive Vice President , and Vice President on behalf of McMillin Communities, Inc. , the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ss. COUNTY OF San Diego oi.'p OFFICAL SEALJOYCE A BROCK Notary PublloCdfonia SAN DIEGO COUNTY y Comm. EXP. Mar. 31, 1993 (This area for official notarial seal) On May 1, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Jones and Jim J. JOrdan , personally known to me ( he- ba94:9 of satis fa ter1 evidene ) to be the persons who executed the within instrument as Senior Vice President and Vice President on behalf of McMillin Development, Inc. , the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal Signature 16. OFFlCIAL SEAL JOYCE A BROCK Notary Pubflo-Callfomia SAN DIEGO COUNTY y Comm. Exp. War. 31. 1993 (This area for official notarial seal) o: \5 \5546 \41858 \ASRIGHT.953 3 4/29/91 1:00pm CLE:sh