HomeMy WebLinkAboutLennar Assign & Assump Gramercy PH50 RECORDING REQUESTED BY'"
First American Title Company
WHEN RECORDED MAIL TO:
Lennar Homes of California, LLC
2603 Camino Raman, Suite 525
San Ramon, CA 9458
Attention, Brian Olin
•MM A�•AI • 11 r M mom
Lots 11 & 12 Tract 8367 Dublin, CA 94583
2023143270 12/07/2023 11:01 AM
OFFICIAL RECORDS OF ALAMEDACOUNTY
MELISSAWILK,CLERK-RECORDER
*� RECORDING FEES: $96.00
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411x1111:N011NOgIVA:1*9101 VIN
File No.: 0131-623153-005
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND C N ENT OF CITY
(Please fill in document title(s) on this line)
() Exempt from fee under GC 27388.1(a)(2) due to being recorded in connection with a concurrent transfer that
is subject to the imposition of documentary transfer tax, or
() Exempt from fee under GC 27388.1(a)(1) due to the maximum fees ($225) being paid on documents In this
transaction, or
() Exempt from fee under GC 27388.1(a)(2) due to being recorded in connection with a transfer of real property
that is a residential dwelling to an owner -occupier, or
() Exempt from fee under GC 27388.1(a) (1); Not related to real property, or,
() Document is executed or recorded by the state or any county, municipality, or other political subdivision of the
state - GC 2788.1(a)(2)
() Exempt from fee under GC 27388.1(a) (1) for the following reasons:
NOTE: The following exemptions may not be acceptable for use in all counties:
() Exempt from fee under GC 27388.1 due to being recorded In connection with a transaction that was subject to
documentary transfer tax which was paid on document recorded as Document No, of Official Records, or
() Exempt from fee under GC 27388.1 due to the maximum fees having been paid on document(s) recorded a
Document No.. of Official Records, or
() Exempt from fee under GC 27388.1 due to it being recorded In connection with a transfer of real property that
is a residential dwelling to an owner -occupier. The recorded document transferring the dwelling to the owner -
occupier was recorded as Document No. of Official records.
THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE
(SB- ; AFFORDABLE MOUSING FEE)
(Additional recording fee applies)
SIGNED IN COUNTERPART
19 PGS
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Lennar Homes of California, LLC
2603 Camino Ramon, Suite 525
San Ramon, CA 94583
Attention: Brian Olin
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND
CONSENT OF CITY
THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND
CONSENT OF CITY (this "Assignment") is made effective as of the date of the conveyance of
the Property (defined below) to Assignee (defined below) (the "Effective Date"), by and between.
DUBLIN CROSSING, LLC, a Delaware limited liability company ("Assignor"), and LENNAR
HOMES OF CALIFORNIA, LLC, a California limited liability company ("Assignee").
1 -19 X01 V W41
A. Assignor has acquired certain real property, or the rights to acquire certain real
property, located in the City of Dublin (the "City"), County of Alameda, State of California (the
"Overall Property), pursuant to the terms of that certain Purchase and Sale and Assignment
Agreement and Escrow Instructions entered into as of June 2, 20 15, by and 'between Assignor and
Dublin Crossing Venture LLC, a Delaware limited liability company ("DCVLLC')-
B. DCV LLC and the City entered into that certain Development Agreement approved
by the City on December 19, 2013 pursuant to Ordinance No. 08-13 and recorded in the Official
Records of Alameda County, California (the "Official Records") on June 4, 2014 as Document
No. 2014134795, which was amended by that certain Amendment No. I to Development
Agreement approved by the City on June 2, 2015 pursuant to Ordinance No. 10 1 - 15 and recorded
in the Official Records on July 22, 2015 as Document No. 2015202606, as further amended by
that certain Amendment No. 2 to Development Agreement approved by the City on February 2,
2016 pursuant to Ordinance No, 2-16 and recorded in the Official Records on March 8, 2016 as
Document No. 201605682 1, as further amended by that certain Amendment No. 3 to Development
Agreement approved by the City on June 15, 2017 pursuant to Ordinance No. 5-17 and recorded
in the Official Records on June 26, 2017 as Document No. 2017138465, as further amended and
restated by that certain Amended and Restated Development Agreement dated November 20,2018
and recorded in the Official Records on February 15, 2019 as Document No. 2019030149, and as
further amended by that certain Amendment No. I to the Amended and Restated Development
Assignment of Development Agmt, for
Phase 5 of Grainefey (NB 14),SFW.vl
Agreement effective as of May 21, 2019, as evidenced by that certain .Memorandum of'Amended
and Restated Development Agreement Between the City of Dublin and Dublin Crossing, LLC
Relating to the Dublin Crossing Project and Amendment No. I to the Amended and Restated
Development Agreement Between the City of Dublin and Dublin Crossing, LLC Relating to the
Dublin Crossing Project dated as of May 1, 2019 and recorded in the Official Records on
November 1, 2019 as Document No. 2019223993 (as amended and restated, the "Development
Agreement"). The Development Agreement relates to and affects the Property.
C. DCV LLC assigned all of its rights, interests and obligations under the
Development Agreement to Assignor, pursuant to that certain assignment and Assumption of
Development Agreement recorded in the Official Records on August 28, 2015 as Document
No. 2015239932.
D. Assignor is developing a master -planned community on the Overall Property and
has subdivided a portion of the Overall Property into five (5) neighborhoods that will be developed
in one phase known as "Phase 3," which is described more particularly on Exhibit "A" attached
hereto and incorporated herein by this reference.
E. Assignee has acquired the real property described on Exhibit "B" attached hereto
(the "Property"), which is a portion of Phase 3 pursuant to that certain Agreement for Purchase
and Sale of Real Property and Joint Escrow Instructions dated as of September 7, 2021, as
amended from time to time (as amended, the "Purchase Agreement").
F. Assignor desires to assign, and Assignee desires to assume, all of Assignor's rights,
interests and obligations under the Development Agreement solely to the extent such rights,
interests and obligations relate to the Property.
G. Section 22 of the Development Agreement states the City Manager's (as defined in
the Development Agreement) approval is required for any assignment of the rights, interests, and
obligations under the Development Agreement, and Assignor and Assignee desire to secure the
City Manager's approval for the assignment set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, Assignor and Assignee agree as follows:
1. Incorporation of Recitals. The recitals of fact set forth above are true and correct
and incorporated into this Assignment in their entirety by this reference.
2. Assignment. Subject to the consent of the City Manager, Assignor hereby transfers
and assigns to Assignee all of Assignor's rights, interests and obligations under the Development
Agreement solely to the extent such rights, interests and obligations relate to the Property.
3. Acceptance and Assumption. Subject to the consent of the City Manager, Assignee
hereby accepts the transfer and assignment set forth in Section 2 of this Assignment and assumes
and agrees to perform all of Assignor's obligations under the Development Agreement solely to
the extent such obligations relate to the Property, including, but not limited to, the obligation to
pay all impact and other fees required to be paid when a building permit is obtained from the City
2
Assignment of Development Agmt. for
Phase 5 of Gramercy (NB 14),SPW.vi
(collectively, the "Assumed Obligations"). Notwithstanding anything to the contrary in the
vesting tentative map approval, Assignee acknowledges and agrees that the City can apply the
requirements in Sections 9.2 and 9.5.6 of the Development Agreement to require assignee to
provide security for, respectively, fees in lieu of parkland dedication and Public Facilities Fee
payments. Assignee hereby agrees to indemnify, protect, defend (with legal counsel reasonably
acceptable to Assignor) and hold Assignor harmless from and against any and all claims arising
from or related to any Assumed Obligations.
4. Further Assurances. Assignor hereby covenants that it shall, at any time and from
time to time upon written request therefor, execute and deliver to Assignee, including its nominees,
successors and/or assigns, any reasonable new or confirmatory instruments and perform any other
reasonable acts which Assignee or its nominees, successors and/or assigns may request in order to
fully transfer possession and control of, and protect the rights of Assignee and its successors and/or
assigns in, all of the rights, interests and obligations intended to be transferred and assigned to
Assignee by this Assignment. Assignee hereby covenants that it shall, at any time and from time
to time upon written request therefor, execute and deliver to Assignor, including its nominees,
successors and/or assigns, any reasonable new or confirmatory instruments and perform any other
reasonable acts which Assignor or its nominees, successors and/or assigns may request in order to
fully transfer possession and control of all of the rights, interests and obligations intended to be
transferred and assigned to Assignee by this Assignment.
5. Approval of Assignment. Pursuant to Section 22.3 of the Development Agreement,
Assignor shall be released from any assigned obligations under the Development Agreement, so
long as (a) such assignment has been approved by the City Manager in accordance with
Section 22.2 of the Development Agreement and (b) such obligations are expressly assumed by
the assignee in a written assignment agreement executed by the parties. By executing the Consent
By City attached to this Assignment, the City Manager, on behalf of the City, hereby approves the
assignment and assumption set forth in this Assignment, pursuant to Section 22.2 of the
Development Agreement, and releases Assignor from its obligations relating to the Property,
pursuant to Section 22.3 of the Development Agreement.
6. Successors. This Assignment shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
7. Counterparts. This Assignment may be executed in counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute one and the same
instrument.
8. Amendment. This Assignment may only be amended or modified by a written
instrument executed by all of the parties hereto.
9. Governing Law. The validity, interpretation and performance of this Assignment
shall be controlled by and construed under the laws of the State of California.
10. Attorneys' Fees. Should any dispute arise between the parties hereto or their legal
representatives, successors or assigns concerning any provision of this Assignment or the rights
and duties of any person in relation thereto, the party prevailing in such dispute shall be entitled,
3
Assignment of Development Agmt, for
Phase 5 of Gramercy (NB 14),S1'WA
in addition to such other relief that may be granted, to receive from the other party all costs and
expenses, including reasonable attorneys' fees, incurred by the prevailing party in connection with
such dispute.
11. Entire A reement. This Assignment, together with the Purchase Agreement,
constitutes the entire agreement among the parties hereto with respect to the subject matter hereof,
and supersedes all prior understandings or agreements. In the event of any conflict between this
Assignment and the Purchase Agreement, the terms of the Purchase Agreement shall govern and
control.
11 Severabilfty. If any term, covenant, condition or provision of this Assignment, or
the application thereof to any person or circumstance, shall to any extent be held by a court of
competent jurisdiction or otherwise by law rendered invalid, void or unenforceable, the remainder
of the terms, covenants, conditions or provisions of this Assignment, or the application thereof to
any person or circumstance, shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby,
13, Notices. All notices shall be in writing, and shall be given in the manner prescribed
by Section 27 of the Development Agreement. Pursuant to Section 27 of the Development
Agreement, the address for Assignee is:
Lennar Homes of California, LLC
2603 Camino Ramon, Suite 525
San, Ramon, CA 94583
Attention: Brian Olin
14. Authority. Each individual executing this Assignment on behalf of a corporation
or other legal entity represents and warrants that: (a) he or she is duly authorized to execute and
deliver this Assignment on behalf of said corporation or other legal entity in accordance with and
without violating the provisions of its governing documents, and (b) this Assignment is binding
upon and enforceable against said corporation or other legal entity in accordance with its terms.
Any entity signing this Assignment on behalf of a corporation or other legal entity hereby
represents and warrants in its own capacity that it has full authority to do so on behalf of the
corporation or other legal entity.
[Signature Page Follows]
4
Assignment of Development Agmt. for
Phase 5 of Gramercy (NB 14)S1'W.v1
Date.
IN WITNESS WHEREOF, the parties have entered into this Assignment as of the Effective
DUBLIN CROSSING, LLC,
a Delaware limited liability company
By:
Its:
BrookCal Dublin LLC,
a Delaware limited liability company
,kx U �
By:
Name:
Its:
By:
Name:
Its:
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By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
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F,04e, n
By: SIGNED IN COUNTERPART
Name:
Its:
Si nature Page to Assignment and Assumption q
f
evelopment Agreement and ConsentdfCity
Assignment of Development Agmt. -for
Phase 5 of Grvierey (N1.3 14).5FW.v 1
,Date.
IN WITNESS WHEREOF, the parties have entered into this Assignment as of the Effective
ASSIGNOR:
DUBLIN CROSSING, LLC,
a Delaware limited liability company
By: BrookCal Dublin LLC,
a Delaware limited liability company
Its: Member
By: SIGNED IN COUNTERPART
Name:
Its:
By: SIGNED IN COUNTERPART
Name:
Its:
By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
By:
Name:
Its:
444.
NCI Oft
� development
Page to Assignment and Assumption of
Agreement and Consent of City
Assignment of Development Agmt, fbr
Phase 5 of Gramercy (NB 14),SFWA
LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company
By:
Name: AA IK
Its:
S%nature Page to Assignment and Assumption of
evelopment Agreement and Consent of City
Assipment of Development Agmt. for
Phase 5 of Gramercy (NB 14).SFW.v 1
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate Is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of a Contra Costa
On December 5, 2023 before me, Laura Moreno Smith, Notary Public
(insert name and title of the officer)
personally appeared Josh Roden and Michele Joy -------------------------- ........_.........._....
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
LAURA MORENO SMITH
WITNESS m hand and official seal.
Y
Notary public - Catifornia
Contra Costa County
*my
Commission # 2428082
Signature '"�(Seal)
Comm. Expires Nov 24, 20'E6
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On �er&,C4 ZOn'5, before me. ,
Vale /Here Insert Name A&Mde Of the Officer
personally appeared CE
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence
to be the person() whose name(s) is/a% subscribed to
the within instrument and acknowledged to me that
he/*hG4hey- executed the same in his/hogthok
authorized capacity(), and that by his/hefAheir
signature(} on the instrument the person(-s)-, or the
entity upon behalf of which the person(4 acted,
executed the instrument.
ci M a I certify under PENALTY OF PERJURY under the
E LIZA N
LIZABETH NEAP laws of the State of California that the foregoing
Notary Public - California paragraph is true and correct.
Contra Costa County
Commission # 2359448 WITNESS my hand and official seal,
*my Comm. Expires May 29, 2025
Place Notary Sea] Above Signature of Notary Public
Acknowledgment Page to Assignment and Assumption of
DeveTopmentAgreement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Gramercy (NB 14).SFW.v1
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
On -r-s&-,,L0A before me, k4� AA , 41 6will
Date Here tuert N-*And Tide ortho officer
personally appeared— 0--nclhfi!�a
—gL— ft ELIZABETH N
NoCtary,,Pu,b,11,c,, 2.luif.ctrynia
Com;�%slort # 2359448
'0 '----"-Nmy Comm. Expires May 29, 2025
Place Notary Heal Move
who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/asubscribed to
the within instrument and acknowledged to me that
he/AwAhey executed the same in his/hed+het
authorized capacity(, and that by his/hsd4wir
signaturc� on the instrument the person(4 or the
entity upon behalf of which the person* acted,
executed the instrument.
I certify under PENALTY OF PERJURY tinder the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Acknowle meat Pa e to Assignment and`Assu�n of ption
DevAeopment Pa
and Consent oj'City
Assignment of Development Aguit for
Phase 5 of Gramercy (NB 14).SFW,vl
Exhibit "X'
Legal Description of Phase 3
Real property in the City of Dublin, County of Alameda, State of California, described as
follows:
PARCEL 1:
PHASE 3A, BEING A PORTION OF THE, LANDS DESCRIBED IN THE FINAL
,JUDGEMENT ON THE DECLARATION OF TAKING, AND SECOND AMENDMENT TO
DECLARATION OF TAKING ENTITLED UNITED STATES OF AMERICA V. 3396
ACRES OF LAND, ALAMEDA AND CONTRA COSTA COUNTIES, CALIFORNIA, ADA
CLEMENT, ET AL, FILED IN DISTIUCT COURT OF THE UNITED STATES FOR THE
NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION, CIVIL NO. 22352-B,
JUDGEMENT EFFECTIVE 27 AUGUST 1945, CIVIL NO. 22352-R THE FINAL
JUDGEMENT OF RECORD FILED ON JULY 21,1947 AND RECORDED IN BOOK 5132
AT PAGE 1, OFFICIAL RECORDS OF ALAMEDA COUNTY, SAME PARCEL BEING A
PORTION OF THAT 180.126 ACRE, PARCEL OF LAND SHOWN ON THE RECORD OF
SURVEY, FILED IN BOOK 31 AT PAGE 28 OF MAPS, OFFICIAL RECORDS OF SAID
ALAMEDA COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 AS SAID PARCEL IS
DESCRIBED BY GRANT DEED TO DUBLIN CROSSING, LLC RECORDED ON AUGUST
28, 2015 AS DOCUMENT NO. 2015-023 9931 OF OFFICIAL RECORDS OF ALAMEDA
COUNTY, SAME CORNER BEING ON THE NORTH LINE OF THE 160 FEET WIDE
STRIP OF LAND KNOWN AS DUBLIN BOULEVARD AS CONVEYED TO THE CITY OF
DUBLIN BY QUITCLAIM DEED RECORDED ON SEPTEMBER 22,1994 AS DOCUMENT
NO. 1994-312570 OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG LAST SAID LINE NORTH 880463 1 " WEST 388.28 FEET TO A POINT
ON THE EASTERLY LINE OF THE PARCEL OF LAND DESCRIBED AS PARCEL 3 IN A
QUITCLAIM DEED TO THE COUNTY OF ALAMEDA RE, CORDED ON JANUARY 3 1,
1986 AS DOCUMENT NO. 1986-026014 OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG LAST SAID LINE NORTH 46028'46" WEST 819.40 FEET;
THENCE NORTH 45053'03 " EAST 195.38 FEET;
THENCE SOUTH 88039'37" EAST 356.85 FEET;
THENCE SOUTH 0101976"WEST 24.60 FEET;
THENCE SOUTH 55055'0 1 " EAST 157.70 FEET;
Exhibit A to Assignment and Assumption 91
Development Agreement and Consent of City
Assignment of Development Agint. for
Phase 5 of Grwiercy (NB 14),S1;W.vt
THENCE SOUTH 0 1 03 5'51 " WEST 77.24 FEET;
THENCE SOUTH 88"24'09" EAST 373.31 FEET;
THENCE NORTH 0 1 03 5'51 " EAST 325.34 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 50.00
FEET, A CENTRAL ANGLE OF 90000'00" AND AN ARC LENGTH OF 78.54 FEET;
THENCE SOUTH 88024'09" EAST 251.59 FEET;
THENCE SOUTH 01035'51 " WEST 56.00 FEET TO THE MOST NORTHERLY
NORTHWEST CORNER OF SAID PARCEL 3, DOCUMENT NO. 2015-023 993 1;
THENCE ALONG THE GENERALLY WESTERLY LINE OF SAID PARCEL 3 THE
FOLLOWING FOUR (4)
COURSES:
1. SOUTH 0 1 `3 5'5 1 " WEST 527.66 FEET,
2. NORTH 88024'09" WEST 301.59 FEET,
3. SOUTH 01 035'51 " WEST 281.39 FEET AND
4. ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET, A
CENTRAL ANGLE OF
19047'26" AND AN ARC LENGTH OF 10.36 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
PHASE 313, BEING A PORTION OF THE LANDS DESCRIBED IN THE FINAL
JUDGMENT ON THE DECLARATION OF TAKING, AMENDMENT TO DECLARATION
OF TAKING, AND SECOND AMENDMENT TO DECLARATION OF TAKING ENTITLED
UNITED STATES OF AMERICA V. 3396 ACRES OF LAND, ALAMEDA AND CONTRA
COSTA COUNTIES, CALIFORNIA, ADA CLEMENT, ET AL,, FILED IN THE DISTRICT
COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION, CIVIL NO, 22352-B, JUDGMENT EFFECTIVE 27 AUGUST 1945,
CIVIL NO. 22352-R THE FINAL JUDGMENT OF RECORD FILED ON DULY 21,1947 AND
RECORDED IN BOOK 5132 AT PAGE 1, OFFICIAL RECORDS OF ALAMEDA COUNTY,
SAME PARCEL BEING A PORTION OF THAT 180.126 ACRE PARCEL SHOWN ON
THAT CERTAIN MAP ENTITLED "RECORD OF SURVEY NO. 2031 ", FILED ON MAY 8,
2006 IN BOOK 31 AT PAGE 28 OF MAPS, OFFICIAL RECORDS OF SAID COUNTY AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Exhibit A to Assignment and Assumption 9f
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Gramercy (NB 14).SPW,vl
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 3 DESCRIBED IN A GRANT
DEED TO DUBLIN CROSSING, LLC RECORDED ON AUGUST 28,2015 UNDER
DOCUMENT NUMBER 2015-0239931 OFFICIAL RECORDS OF SAID COUNTY; THENCE
CROSSING THROUGH THE USA PARCEL FOR THE FOLLOWING TWENTY SEVEN
(27) COURSES: (1) NORTH 0 1'3 5'5 1 " EAST 407.01 FEET, (2) SOUTH 8 8'3 3,28 " FAST
61.00 FEET, (3) NORTH 0 1 03 5'51 " EAST 268.59 FEET, (4) NORTH 8 8-24'09 " WEST 5 1.00
FEET, (5) NORTH 0 1 035'51 " EAST 214.71 FEET, (6) NORTH 88024'09" WEST 168.34 FEET,
(7) NORTH 01 035'51 " EAST 97.94 FEET, (8) NORTH 88024'09" WEST 325.08 FEET, (9)
NORTH 0 103 5'51 " EAST 112.96 FEET, (10) NORTH 8 8 024"09 " WEST 68.50 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, FROM WHICH POINT THE
CENTER BEARS SOUTH. 41042'37" EAST, (I I) IN A SOUTHWESTERLY DIRECTION
64.05 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
620.00 FEET AND THROUGH THE CENTRAL ANGLE OF 05055'08", (12) SOUTH
42022'15" WEST 78.93 FEET, TO THE BEGINNING OF A TANGENT CURVE TO THE
RIGHT, (13) IN A SOUTHWEST DIRECTION 95.11 FEET ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 480.00 FEET AND THROUG11 THE
CENTRAL ANGLE OF 11'02 1'09% (14) NORTH 35049'19" WEST 62.00 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE TO THE LEFT FROM WHICH POINT THE
CENTER BEARS NORTH 3602099" WEST, (15) IN A NORTHEAST DIRECTION 82.33
FEET ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 418.00
FEET AND THROUGH THE CENTRAL ANGLE OF 11017106", (16) NORTH 4202T15"
EAST 78.93 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, (17) IN
A NORTHEAST DIRECTION 585.95 FEET ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 682.00 FEET AND THROUGH THE CENTRAL ANGLE
OF 49013'36", (18) SOUTH 88024'09" EAST 310.34 FEET, (1g) SOUTH 010355 V WEST
67.00 FEET, (20) SOUTH 88024'09" EAST 518.19 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT, (2 1) IN A SOUTHERLY DIRECTION 47.12 FEET
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET
AND THROUGH THE CENTRAL ANGLE OF 90000'00", (22) SOUTH 0103551" WEST
406.17 FEET, (23) SOUTH 88024'09" EAST 213.65 FEET, (24) SOUTH 0 1 -3 5'51 " WEST
87.94 FEET, (25) SOUTH 88024'09" EAST 58,99 FEET, (26) NORTH 01035'51" EAST 206.06
FEET AND (27) SOUTH 8824'09" EAST 141.97 FEET TO A POINT ON THE WEST LINE
OF ARNOLD ROAD; THENCE ALONG SAID WEST LINE FOR THE FOLLOWING TWO
(2) COURSES: (1) SOUTH 01'23'35" WEST 633.42 FEET AND (2) SOUTH 52-40'34" WEST
520.00 FEET; THENCE. CROSSING THROUGH THE USA PARCEL FOR THE
FOLLOWING THREE (3) COURSES: (1) NORTH 8 8'33'53 " WEST 341.76 FEET, (2)
NORTH 01035'51" EAST 15.01 FEET AND (3) NORTH
88033'27" WEST 402.43 FEET TO THE POINT OF BEGINNING.
A NON-EXCLUSIVE EASEMENT FOR STREET AND UTILITY PURPOSES WITHIN
AMARAL STREET AND ELLINGTON STREET AND FOR RAILROAD PURPOSES
ADJOINING SAID RAILROAD SPUR TRACK, APPURTENANT TO PARCEL I
Exhibit A to Assignment and Assumption 91
Development Agreement and Consefit qf0ty
Assignment of Development Agmt, for
Phase 5 of Gramercy (NB 14),SFW.vl
14EREINABOVE DESCRIBED, TO BE USED IN COMMON WITFI ADJACENT
PROPERTIES, AS RESERVED IN THE DEED TO DUBLIN CROSSING VENTURE LLC, A
DELAWARE LIMITED LIABILITY COMPANY, RECORDED MARCH 7,2014,
INSTRUMENT NO, 2014064105, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERN TERMINUS OF THE COURSE AND DISTANCE
DESCRIBED AS "NORTH 47012'21. " WEST 525.556 FEET" IN PARCEL I HEREINABOVE
DESCRIBED; RUNNING THENCE NORTH 89*07'23 " WEST 44.906 FEET TO THE
NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT
OF WAY LINE;'I'TIENCE ALONG SAID NORTHEASTERN LINE NORTH 47112'21 " WEST
547.952 FEET TO A LINE DRAWN PARALLEL WITH SAID CENTERLINE OF SAID
RAILROAD DRILL TRACK AND DISTANT 15 FEET NORTHERLY THEREOF,
MEASURED AT RIGHT ANGLES THERE TO;THENCE ALONG THE LAST SAID
PARALLEL LINE SOUTH 89Q09'3 V, EAST 13 37.937 FEET TO THE EASTERN LINE OF
SAID ELLINGTON STREET; THENCE ALONGTI-M LAST" NAMED LINE SOUTH
005210" WEST 341.699 FEET AND SOUTH 41 02926" "WEST 33.188 FEET; THENCE
NORTH 89007'23 " WEST 3 9.520 FEET TO SAID CENTERLINE OF SAID ELLINGTON
STREET; THENCE ALONG SAID LINE NORTH 4112926" EAST 47.810 FEET AND
NORTH 0052'10" EAST 315.581 FEET TO SAID CENTERLINE OF SAID RAILROAD
DRILL TRACK; THENCE ALONG THE LAST NAMED LINE NORTH 89009'3 1 " WEST
1246.368 FEET TO SAID LINE IN AMARAL STREET; THENCE SOUTH 47'12'21 " EAST
525.556 FEET TO THE POINT OF BEGINNING.
PARCEL
LOTS 5 AND 6, AS SHOWN ON THE MAP ENTITLED "TRACT 8364", RECORDED MAY
30,2018 IN BOOK 353 OF MAPS, AT PAGE(S) 86 THROUGH 87, OFFICIAL RECORDS
OF ALAMEDA.
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agent. for
Phase 5 of Gramercy (NB 14),S1~W,v I
Exhibit "B"
Legal Description of Property
Real property in the City of Dublin, County of Alameda, State of California, described as follows:
I 0-i'01 i I I U11" 6 WO O."a
1 0,16101 .14 WMIX61 0 My V.&I 9 M.." I - - - W W
A-PN(s): 986-0066-026 (Affects Lot 11), and
986-0066-027 (Affects Lot 12)
Exhibit B to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agent. for
Phase 5 of Gramercy (NB 14).SFW.vl
CONSENT BY CITY
The City of Dublin, a municipal corporation, by and through its City Manager, hereby consents to
the foregoing Assignment and Assumption of Development Agreement and ftirther acknowledges
and agrees that Assignor is hereby released of any and all obligations under the Development
Agreement relating to the Property.
CITY OF DUBLIN
7Lfrw*'Itt" AM
Title: City Manager
ATTEST:
Name: Marsha Moore
Title: City Clerk
By:
Name:
Title:
10 0 0 V - W
L
&jM=1jF'
City Consent to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Gramercy (NB 14).SFW.vl
DocuSign Envelope ID: F778565B-CA2F-4AA4-863E-ODDFFOEC727A
The City of Dublin, a municipal corporation, by and through its City Manager, hereby consents to
the foregoing Assignment and Assumption of Development Agreement and further acknowledges
and agrees that Assignor is hereby released of any and all obligations under the Development
Agreement relating to the Property.
CITY OF DU13LIN
SIGNED IN COUNTERPART
By:
Name:
Title: City Manager
ATTEST:
SIGNED IN COUNTERPART
By:
Name:
Title: City Clerk
Docuftned by:
By:
Name:
Title: City Attorney
City Consent to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Gramercy (N13 14).SFW.vl
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
-truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On 1)1q61M23 , before me., Cierra Fabrigas, Notary Public I %�' I Date Here Insert Name And Tile Of the Offim
personally appeared Linda Smith
N—e(s) offtaer(s)
— — — — — — — — — — — —
r.
CIERRA LYNN FABRIW
Notary Publlc - California
Alameda County
Commission 9 2346295
my Comm. Expires Feb 10, 2025
Place Notary SW Above
who 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 acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand an ,Oo?fficial seal.
Acknowledgment Page to Assignment and Assumption of
Development Areement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Gramercy (NB 14),SFW.vl