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HomeMy WebLinkAboutBrookfield Assign & Assump Vine PH1RECORDING REQUESTED BY: First American Title Company WHEN RECORDED MAIL TO: Brookfield Bay Area Holdings LLC c/o Brookefield Residential 12657 Alcosta Boulevard, Suite 250 San Ramon, CA 94583 Atten: Josh Roden, President 986-0077-028 and 986-0076-024 and 986-0076-025 and 986-0077-029 and 986-0077-008 and 986-0076-010 and 986-0076-006 2023147947 12/19/2023 01:32 PM OFFICIAL RECORDS OF ALAMEDACOUNTY MELISSAWILK,CLERK-RECORDER *� RECORDING FEES: $62.00 �s f'hFDA CW�Gv 411x4411I:N011NOgIVA:1*9101 VIN File No.: 0131-625608-001 Assignment and Assumption of Development Agreement and Consent of City (Please fill in document title(s) on this line) (X) 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 Q 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 27388.1(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 as 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-2; AFFORDABLE HOUSING FEE) (Additional recording fee applies) SIGNED IN COUNTERPART 17 PGS RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Brookfield Bay Area Holdings LLC c/o Brookfield Residential 12657 Alcosta Boulevard, Suite 250 San Ramon, CA 94583 Attention: Josh Roden, President 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 BROOKFIELD BAY AREA HOLDINGS LLC, a Delaware limited liability company ("Assignee"). 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, 2015, by and between Assignor and Dublin Crossing Venture LLC, a Delaware limited liability company ("DCV LLC"). 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, as amended by that certain Amendment No. 1 to Development Agreement approved by the City on June 2, 2015 pursuant to Ordinance No. 101-15 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. 2016056821, 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 Assignment and Assumption of Development Agreement and Consent of City for Phase 1 of Vine (NB 22).SFW.v2 in the Official Records on June 26, 2017 as Document No. 2017138465, as Ru-ther amended by that certain Amended and Restated Development Agreement recorded in the Official Records on February 15, 2019 as Document No. 20190301349, and as further amended 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. 1 to the Amended and Restated Development Agreement between the City of Dublin and Dublin Crossing, LLC Relating to the Dublin Crossing Project recorded in the Official Records on February 15, 2019, as such document may be amended from time to time (collectively, 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 two (2) neighborhoods that will be developed in one phase known as "Phase 5," 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 5 pursuant to that certain Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions dated as of December 13, 2023, as amended from time to time (collectively, 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 2 Assignment and Assumption of Development Agreement and Consent of City for Phase 1 of Vine (NB 22).SFW.v2 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 (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. Assignment and Assumption of Development Agreement and Consent of City for Phase 1 of Vine (NB 22).SFW.v2 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, 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 Agreement. 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. 12. Severability. 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: Brookfield Bay Area Holdings LLC c/o Brookfield Residential 12657 Alcosta Boulevard, Suite 250 San Ramon, CA 94583 Attention: Josh Roden, President 14. AIWLority. 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 and Assumption of Development Agreement and Consent of City for Phase I of Vine (NB 22).SFW.v2 Date. IN WITNESS WHEREOF, the parties have entered into this Assignment as of the Effective DUBLIN CROSSING, LLC, a Delaware limited liability company IN Its: BrookCai Dublin LLC, a Delaware limited liability company Membe By: Name: Its: By: Name: Its: �:u�uts�rt�t�•�•'tr•uc- By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member SIGNED IN COUNTERPART By: Name: Its: Signature Page to Assignment and Assumption of Development Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase 1 of Vine (NB 22).SFW.v2 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: Name: Its: SIGNED IN COUNTERPART 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 IN Name: r4 ',( g , 4 Its: 14 //?z ��" x shad k; 1 +7- Signature Page to Assignment and Assumption ofDevelopment Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase I of Vine (NB 22).SFW.v2 ASSIGNEE: BROOKFIELD BAY AREA HOLDINGS LLC, a Delaware limited liabil' company By: Name: Josh Roden Its: Authorized Representative By: Name: nnw.,�tlt + �h� 1 a J o J Its: Authorizer-1f� -+tiLt*hbr'. ZP6{ SIgYIl�" Signature Page to Assignment and Assumption of Development Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase I of Vine (NB 22).SFW.v2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Contra Costa ) On December 18, 2023 before me, Marcie L. Martinez, Notary Public , Date Name and Title of Officer personally appeared Josh Roden and Michele Joy , Name of Signer 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. 16MARCIE L. MARTINEZ Notary Public - California Contra Costa County 9 Commission # 2424636 my Comm. Expires Nov f, 2026 Place Notary Seal Above 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 and official seal. Signature: p ignature of 96tary Publi 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 U07`' C"_� e015 1`-- On 191,2023 , before me, Z,Cr�� Date Here Insert Name And Title Of the Officer personally appearedz- Name(s) of Siper(s) *my C. LEON Notary Public • CaliforniaContra Costa County Commission # 2404735 Comm. EXPires Jun 15, 2026 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(&--) whose name(&) is/ar--- subscribed to the within instrument and acknowledged to me that he/shQA4@y executed the same in his/4erAheir authorized capacity(ies), and that by his/4efi signature(s) on the instrument the person(&), or the entity upon behalf of which the person(&} 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. Signature Page to Assignment and Assumption of Development Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase i of Vine (NB 22).SFW.v2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Contra Costa On December 18, 2023 before me, Marcie L. Martinez, Notary Public , Date Name and Title of Officer personally appeared Josh Roden and Michele Joy , Name of Signer 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. 4 ♦ { 'MAR Notary Publk - California " Contra Costa County Commission # 2424636 My Comm. Expires Nov 1, 2026 r Place Notary Seal Above 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 and official seal. Signature: Signature a otary P t lic Exhibit "A" Legal Description of Phase 5 Real property in the City of Dublin, County of Alameda, State of California, described as follows: BEING PORTIONS 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: _' lip_ Id i BEGINNING AT THE NORTHWEST CORNER OF THE SAID 180.126 ACRE PARCEL, THENCE ALONG THE NORTH LINE OF THE 180.126 ACRE PARCEL, SOUTH 88° 24' 09" EAST - 1397.51 FEET; THENCE CROSSING THROUGH THE SAID USA PARCEL, SOUTH 010 35' 51" WEST - 667.84 FEET TO A POINT ON THE NORTH LINE OF PARCEL 1 DESCRIBED IN A DEED TO DUBLIN CROSSING, LLC RECORDED ON AUGUST 28, 2015, UNDER DOCUMENT NO. 2015-23 9931 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE, NORTH 88° 26' 26" WEST - 731.53 FEET TO THE NORTHWEST CORNER OF PARCEL 1, SAME BEING THE NORTHEAST CORNER OF SAID PARCEL 2A DESCRIBED IN A DEED TO DUBLIN CROSSING, LLC RECORDED ON MARCH 17, 2017 UNDER DOCUMENT NO.2017-064517 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF PARCEL 2A, NORTH 88' 26' 23" WEST - 45.04 FEET TO THE NORTHWEST CORNER OF PARCEL 2A, SAME CORNER BEING ON THE WEST LINE OF THE 180.126 ACRE PARCEL; THENCE ALONG SAID WEST LINE FOR THE FOLLOWING THREE (3) COURSES: (1) NORTH 460 28' 47" WEST - 532.33 FEET, (2) NORTH 45° 42' 26" WEST — 304.99 FEET, AND (3) NORTH 010 13' 02" EAST - 105.88 FEET TO THE POINT OF BEGINNING. PHASE 5-2: COMMENCING AT THE NORTHWEST CORNER OF THE SAID 180.126 ACRE PARCEL, THENCE ALONG THE NORTH LINE OF THE 180.126 ACRE PARCEL, SOUTH 88° 24' 09" EAST—1857.51 FEET FOR THE POINT OF BEGINNING HEREOF; THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 88° 24' 09" EAST - 1177.65 FEET; Exhibit A to Assignment and Assumption of Development Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase I of Vine (NB 22).SFW.v2 THENCE CROSSING THROUGH THE USA PARCEL FOR THE FOLLOWING SEVEN (7) COURSES: (1) SOUTH 38' 42' 03" WEST - 407.75 FEET FOR THE BEGINNING OF A CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER BEARS NORTH 05° 02' 23" WEST, (2) IN A WESTERLY DIRECTION 48.42 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 418.00 FEET AND THROUGH A CENTRAL ANGLE OF 060 38' 14", (3) NORTH 88° 24' 09" WEST - 170.00 FEET FOR THE BEGINNING OF A CURVE TO THE LEFT, (4) IN A SOUTHWESTERLY DIRECTION 362.71 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 582.00 FEET AND THROUGH A CENTRAL ANGLE OF 350 42' 26", (5) SOUTH 55° 53' 25" WEST : 188.66 FEET FOR THE BEGINNING OF A CURVE TO THE RIGHT, (6) IN A SOUTHWESTERLY DIRECTION 244.28 FEET ALONG THE ARC RIGHT OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 639.00 FEET AND THROUGH A CENTRAL ANGLE OF 210 54' 12", AND (7) NORTH 01 ° 35' 51" EAST - 649.19 FEET TO THE POINT OF BEGINNING. APN: 986-0001-001-33 (Affects this and other property) Exhibit A to assignment and Assumption of Development Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase I of Vine (NB 22).SFW.v2 Exhibit "B") Legal Description of Property Real property in the City of Dublin, County of Alameda, State of California, described as follows: Real property in the City of Dublin , County of Alameda, State of California, described as follows: LOTS 66 THROUGH 69, INCLUSIVE, AND PARCELS S, T AND AI, AS SHOWN ON THE MAP ENTITLED "TRACT 8372 IVY, VINE & AVALON AT BOULEVARD- FILED ON NOVEMBER 29, 2021, IN BOOK 367 OF MAPS, AT PAGES 26 THROUGH 35, ALAMEDA COUNTY RECORDS. APN: 986-0077-028(LOT 66), 986-0076-024(LOT 67), 986-0076-025(LOT 68), 986-0077-029(LOT 69), 986-0077-008(PARCEL S), 986-0076-010(PARCEL 1),AND 986-0076-006(PARCEL AI). Exhibit B to Assignment and Assumption of Development Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase 1 of Vine (NB 22).SFW.v2 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 further acknowledges and agrees that Assignor is hereby released of any and all obligations under the Development Agreement relating to the Property. CITY: CITY OF DUBLIN By: N L da Smith Title: City Manager ATTEST: By: 141atd vv-'-� Name: Marsha Moore Title: City Clerk . ��•r � � r r• By: Name: Title: SIGNED IN COUNTERPART City Attorney Signature Page to Assignment and Assumption of Development Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase 1 of Vine (NB 22).SFW.v2 DocuSign Envelope ID: E13FD1F7-8EE3-4D41-9E7F-5586C3AC5E24 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 further acknowledges and agrees that Assignor is hereby released of any and all obligations under the Development Agreement relating to the Property. CITY: CITY OF DUBLIN SIGNED IN COUNTERPART By: Name: Title: City Manager ATTEST: By: Name: Title: City Clerk APPROVED AS TO FORM By: Name: Title: DocuSig�ne/d by: Jo City Attorney Signature Page to Assignment and Assumption of Development Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase I of Vine (NB 22).SFW.v2 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 ALAM DA } On 1416/2 023 before me, Cierra Lynn Fabrigas, Notary Public , Date Here Insert Name And Title Of the Officer personally appeared Linda Smith Names) of Signer(s) +�•,. u r4. CIERRA LYNN FABRi6A5 Notary Public - California Alameda County Commission X 2346245 My Comm. EV ires Feb 10, 2025 Place Notary Seal 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 a;�d official seal. Signature Page to Assignment and Assumption of Development Agreement and Consent of City Assignment and Assumption of Development Agreement and Consent of City for Phase I of Vine (NB 22).SFW.v2