HomeMy WebLinkAboutAssignment and Assumption of Development Agreement - VeniceRECORDING REQUESTED BY:
First American Title Company
WHEN RECORDED MAIL DOCUMENT TO:
Lennar Homes of California, LLC
2603 Camino Ramon, Suite 525
San Ramon, CA 94583
Attention: Brian Olin
986-0074-017 thru 986-0074-020 and 986-0074-030
thru 986-0074-035 and 986-0074-001(Parcel E) and
986-0074-002 (Parcel EE) and 986-0074-004 (Parcel FF)
and 986-0074-006 (Parcel 0) and 986-0074-007 (Parcel
P) and 986-0074-009 (Parcel V)
i ...: is •
OFFICIAL RECORDS OF ALAMEDACOUNTY
MELISSAWILK,CLERK-RECORDER
*� RECORDING FEES: $104.00
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f'hFDA CW�Gv
411x4411I:N011NOgWA:1*9101 VIN��
Space Above This Line for Recorder's Use Only
Lots 13-16, 26-31 & Parcels E, 0, P, V, EE, FF Tract 83,70, NB 19 Dublin, CA 94583
File No.: 0131-624376-004"
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
Q Exempt from fee under GC 27388.1(a)(1) due to the maximum fees ($225) being paid on documents in this
transaction, or
Q 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,
Q Document is executed or recorded by the state or any county, municipality, or other political subdivision of the
state - GC 27388.1(a)(2)
Q 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
J
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Lennar Homes of California, LLC 1
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 Pate"), by and between,
DUBLIN CROSSING, LLC, a Delaware limited liability company ("Assignor"), and LENNAR
HOMES OF CALIFORNIA, LLC, a California limited liability company ("Assignee").
RECITALS
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, which was 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 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. 20190130149, and -as further amended by that certain Amendment No. 1 to the
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.vl
Amended and Restated Development 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 Rel�oting 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 two (2) neighborhoods that will be
developed in one phase known as "Phase 4," 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 4 pursuant to that certain Agreement for Purchase
and Sale qf Real Property and Joint Escrow Instructions dated as of December 10, 2020, as
amended from time to time (as amended, the "Purch ase Agreement").
F. Assignor desires to assign, and Assignee desires to as§ume, 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. .1 1
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. fpcorporation 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
2
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.vl
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 (colfectively, 'the "Assum6d 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.
3
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.vl
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.
1
12. 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. I
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,11C
2603 Camino Ramon, Suite 525
San Ramon, CA 9458�
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 docum6nts, 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 4 of Venice (N13 19).SFFW.v1
IN WITNESS WBEREOF, the parties have entered into this Assignment as of the
Effective Date. I
ASSIGNOR:
DUBLIN CROSSING, I.
a Delaware limited liability company
By: BrookCal Dublin LLC,
a Delaware limited 'Jility company
Its: Member
Name: Man
Its: AutWrzed ReDros'6ntative
By:
Name:, Gonzalo -Rodriguez
Its: VIce President, an and Planning
By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
By:
Name?"ORED 1N COUN I EKPART
Its:
Signature Page to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development AgmL for
Phase 4 of Venice (NB 19).SFFW.v1
IN WITNESS WHEREOF, the parties have entered into this Assignment as of the
Effective Date.
ASSIGNOR:
DUBLIN CROSSING, LLC,
a Delaware limited liability company
By: BrookCal Dublin LLC,
a Delaware limited liability company
Its: Member
By: IT'r- rM n A
Name: !N COUN
Its:
By:
Name: SIGNED IN COUNTERPART
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:,
Signature Page to Assignment and Assumption o
%df evelopment Agreement and Consent .City f Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.v I
ASSIGNEE:
LENNAWHOMES OF CALIFORNTA, LLC,
a California limited liability company
By:
Name:
Its:
U
Sigature Page -to Assignment and Assumption of
evelopment Agreement and Consent df City
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.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 MyW CA C1DSt(-1
On AA (A ab 1, 210 23 Jbefore me, A( I's c) n " vitz , Nota N P LA01 I o'
Date Here Insert Name Analitle Of the Officer
personally appeared 150YIZZAID VDdY-t!aUCL CAYId ZYD-41 tOCIC411
Name(s) of Signer(s),
OF r y ALISON RAN 7 2
Notary Public - Cailfornia
Contra Costa County
Commission # 2352113
My Comm, Expires Mar 18, 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 and official seat.
iAAAAAAAM
Signature oDu- -T Public
Acknowledgment Page to Assignment and Assymof ption
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFWvl
u `
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, �✓01r*Va ) -
On l,(,t,Y'� ` I �-'�% , before me, Y 00
Date r ' ' Here Insert Name And Title dre Officer
personally appeared1'
a
Name(�of Signer(�1J
r-
who proved to me 'on the basis of satisfactory evidence
to be the person) whose name(A is/a+re•subscribed to
the within instrument and acknowledged to me that
he/skeA4e5- executed the same in his/heMheir
authorized capacity(ip.,&), and that by ,his/ham
signature(s) on the instrument the personol, or the
ERIN . TATE entity upon behalf of which the person(A acted,
COMM. SM761 � executed the instrument.
NOTARY PU6UC • CALIFORNIA
CONTRA COSTA COUNTY I certify under PENALTY OF PERJURY under the
if MY COMM. EXP. JULY 20. 2025 laws of the State of California that the foregoing
paragraph is true and correct.
07 5WI y hand and official seal.
Place Notary Seal Above
Acknowledg�minent Pagge to Assignment and Assumption of
Development ftgreement and Consent of City
Assignment of Development Agmt. for r
Phase 4 of Venice (NB 19).SFFW.vl
Acknawiedgment
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 COMiYA O%S 1a )
On NW/�(VY 1 1, Ly�� , before me, e- r 1 n
Date Here Insert Name Anaqia Of the Officer
personally appeared
Name(si dSigner(OT
i
who proved to me on the basis of satisfactory evidence
to be the person(A whose name( is/afe-subscribed to
the within instrument and acknowledged to me that
he/sheMwy executed the same in his/kk4teir
authorized capacity(ieft), .and that- by his/herAheir
signatureA on the instrument the person(g),, or the..,
ERIN b. TA-rE entity upon behalf of which the person(A acted,
a ;s COMM, #2366751
9 NOTARYPUUIC ; CAUFQgN1A executed the instrument.
CONTRA COSTA COUNTY
MYCOMM.FJfP.VULY20.2025 I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is.true and correct.
1 WITNESS my hand and official seal. .
Place Notary sea[ Above ' nature of Notary Public
l
Acknowledgment Page to Assignment and Assumption of
Development Agreement and Consent of City,
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.vl
Exhibit "A"
Legal Description of Phase 4
Real property in the City of Dublin, County of Alameda, State of California, described as
follows:
Land Description of real property situate in the City of Dublin, County of Alameda, State
of California, and 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. : $390 acres of land, Alameda
and Contra Costa Counties, California, Ada Clement, et; al, filed in the District Court of the
United States for the Northern District of California, Southern Division, Civil No. 22352-13,
Judgment effective 27 August 1945, Civil No. 22352-R the Final Judgment of Record filed
on July 21,1947 and recorded in Book 6132 at Page'l, Official Records of Alameda
County, same parcel being a portion of that 180.126 acre parcel shown on that certain
map entitled "Record Of Survey No. 2031 ", filed on May 8, 2006 in Book 316t Page 28 of
Maps, Official Records of said County and being more particularly described as follows:
Beginning at a point on the north line of the said 180.126acto parcel, same point being
the northwest corner of Lot 2 as created by Parcel Map'l 05.86 recorded on December 8,
2016 in Book 334 of parcel maps, at page 59 Official Records of said County; Thence
along the west line of Parcel Mao 10586, South 010 351 511"West � 461.61 feet; Thence
crossing through the said USA parcel for the fbilowitig four (4) courses: (1) North 880 24,
W' West - 310.34 feet for the beginning of a curve, to -the left,
eft, (2) In a southwesterly
direction 585.95 feet along the arc of said curve to the left, having radius of 682.00 feet
and through a central angle of 4911 13'36", (3) South 42° 22' 16' West - 78.93 feet for the
beginning of a curve to the right, and (4) in a southwesterly direction, passing a north
corner of Parcel 2B described in a4eed to Dublin Crossing, LLC recorded on March 17,
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.vl
20.17 under document no. 12017-064517 Official, Records of said County at an arc distance
of 82.33 feet, in ail for a total arc dl$tance of 219.22 feet along the arc of said curve to the
right, having a radius of418.00 feet and through a ceritrel angle of 300 02' S7"; Thence
along said north lin`e-of Parcel 28 for the following eight (8) courses. (1) South- 17° 34'
48" East - 70.00 feet to the beginning -of a curve to the right, from which point the center
bears'North I 34' 48 West, (2) in a westerly direction 97492,feet along .the'arp of said
curve to the right, having a radius of 488.00 feet and through a. central angle of 116 29,
50", (3) South 01 ° 35' 151" West - 69,85 feet (4) North 88' 2409" West „ 77 00 Ot, (5)
South 010 35' 51"West - 60,00 feet; (6) North 88° 24' 091,West - 16250 feet, (7) South
596 41' '33" West - 108.23 feet, and (8) 'South 01 ° 35 52" West w 4241.8C1 feet; Thence
crossing through the USA parcel for the, following five (5) courses: (1) North 880 24' 00"
West-48.0.25feet; (2) South 220 55' 53" West-402.95feet, (3) North 88 ° 24'.09" West
-6.82 feet, (4) North 010'35' 511" East - 77.24 feet, and .(5) North 56° 55" 01" West - 81.89
.feet to the southeast corner of {Parcel 2A described in the above mentioned deed to .Roblin
Crossing, LLC; Thence, along the east line of .Parcel 2A, North 280 27" 35" East;- 3a9.93
feet to the east common corner of said Parcel 2A and. Parcel 1-described in a deed to
Dublin Crossing, LLC rec6tded on August 28, 2015, under document no. 2015-239931
Official. Records of ,said County; Thence along the east Line of said Parcel 1, North 01
35' 20" East - 315.6..8 feet to the: northeast corner of Parcel 1; Thence along the north line
of Parcel 1,, North 880 26' 23" West -- 206:51 feet for the beginning of 'a curve to the left,
Thence crossing through the USA parcel for, the fallowing six (0) courses (1) in a
northeasterly direction ,$97.82 felt along the arc of said curve to the Ieft, having a radius
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.vI
of 630.00 feet and pan
gle a through ' ral 'le of 350 40' 12",-(2) North '55*53' 2V' East
g . ent .,
188.66feet "for the -beginning of a curve to the right, (3) in a hortheas;terlv�directioh 362.711
feet along the are.of said curve to the right, having a radius of 582.00 feet and through a
central angle of 35' 42! 2611, (4) South 880* 24f O!W' East - 170..O`0 feet"for"the b6gihtying of
a, qu rve to the right, 0) in aneasterlydirection 40.42 feet along the arc of said curve, to
the, right; having O,r4dius of 418.00 foot and through tingle pf,06* 38!.14'!, and
9 -
(6) North 38* 42' OW, East - 407.76 feet too point on the north line of the 180.12eac.re
parcel; Thence along said north, lind for thelfollowing three (3) courses: (1) South 88
2410911 East - 72.35 Met, (2) North 38* 421 0311 East - 7.20.06,feef, and (3) South,8'80 24'
09" East,- 393.36 feet to the Point of Begllnolln%
conta I Iiiing 740 r less,
� 660 Square Feet of land girpp, more o
Description continues on next page.
Exhibit A to Assignment and Assumption ?f-
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.vl
Land Description of real"prope . rty situate in the City of Dublin, County of Alameda-, -State
of California, and 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. 31396' acres -of land, Alameda
and Contra "Costa Counties, California, Ada Clement, eta), , filed in the District Court of the
United States for the Northern District of California, Southe"mDivision, Civil No. 22352-B,
Judgment effective, 27 August 1945, Civil No. 22362-R'th6 Final Judgment,of Record filed
on July 21, 1947 and recorded in' Book' 6132 at Page 4, 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 ofsaid County and being more particularly described as follows:
Commencing at the northwest corner of Parcel 1 described in a deed to Dublin Crossing,
LLC recorded on August 28, 2015, under document no. '201 5r239931 Official Records of
said County; Thence along the north line of Parcel 1, South 880 261 33", East — 7311.53
feet; The across the 180.126 acre parcel, North 011'. 35' 61" East —183;83 feet for the.
Point of Beginning hereof, Thence continuing across the '180.126,acre parcelNorth
01 * 351 51 11 East — 484.02 feet; Thence along the north line of the 180.126 acre patdel,
South 880 .241 09" East 460.00 feet;, Thence continuing, across the USA parcel for the
following four (4) courses: (1) South Old 351 5111 West - 649.19 ft.tforlhe beginn . Inig of
a curve to the right, from which point the center bears North 120 1212&'West, (2) In a
northeasterly direction 79.32 feet -along the arc of said curve Wthe right, having a radius
I
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.vl
of 639.00 feet and through a central angle of 070 0614311, (3) North 01* 361 611"East - -
179.52fept, and (4) North 88026' 23" West -382.00 feet to the Point of Beginning,
Containing 236, 100 Square Feet of land area, more or less.
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 4 of Venice (MB 19).SFFW.vl
Exhibit "B"
Legal Description of Property
Real property in the City of Dublin, County of Alameda, State of California, described as
follows:
LOTS.13 THROUGH :16, INCLUSIVE, LOTS 26 THROUGH 31, ..INCLUSIVE, AND
PARCELS E, O, P, V, EE AND FF, AS SHOWN ON THE MAP ENTITLED "TRACT' 8370,
FILED IN THE OFFICE OF THE RECORDER ON ,RTNE 23, 2021, Il",�T BOOK 30 OF MAPS,
AT WAGES 60 THROUGH 67, ALAMEDA COUNTY RECORDS.
APNs; 986-0074-0I 7. (Lot 13), .
.986-0074; 018 (Lot 14)
986-0074-019 (Lot 15)
986-0074µ020 (Lot 16)
986-0074-030 ,(Lot 2)
986-0074031 (Lot 27)
986-0074-032, (Lot 8)
986-0074 ,033.'(Lot 29)
986-0074-034 (Lot 30)
986-0074-03 5 (Lot 31)
986�0074-001' (Parcel E)
986.0074-006 (Parcel O)
986-0074-007 (Parcel P)
986-0074-009 (Parcel V),^
`986-0074-00 (Parcel EE)
986-0074-004 (Parcel FF)
^ r '
l
J
Exhibit .B to Assignment and Assumpfion 9f
Development Agreemen acid Consent,of City
Assignmeni,of Development Agmt, for
Phase 4 of Venice (NB 19).SFFW.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 fin-ther
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:
Name:
a I y
Title: City,Manager
ATTEST:
ail j ilM t
By: 1, V I-W"/v
Name:
Title: City Clerk
APPROVED AS TO FORM
By: 1ft#
RPART
Name: STIMNIMI& I# I -
Title: City Attorney
I
City Consent to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19),SFFW.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 further
acknowledges and agrees that Assignor is hereby released of any and all obligations under the
Development Agreement relating to the Property.
CITY:
MWEITSIXIMM
BY:
Name:
Title:
MT '!dN1;pbL0W
City Manager
WWW6
By: '--TGNED IN COUNTERPART
Name:
Title: City Clerk
APPROVED AS TO FORM
By:
Namet.
Title. ity Attorney
City Consent to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 4 of Venice (NB 19).SFFW.vl
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE §1189 ,
.......... . I 1__.._ . ..... ..................... I ......................................
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
Countyof Alameda
C
On Februajy 28, 2023 before me, Marsha Louise Moore Notary Public, personally,
appeared Linda Smith who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(o is/tee subscribed to the, within instrument and acknowledged to
me that 4e/she/they executed the same in �/her/tl:v& authorized capacity",,and that by,
41s/her/#P_* signature(s) on the instrument the person, or the entity upon behalf of which
the personks) 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 and official seal.
--- -------
MARSHA LOUISE MOORE
Notary Public - California
Signature (Seal) Alameda County ,
Commission # 2339618
*my Comm. Expires Dee 8, 2024