HomeMy WebLinkAboutAssignment and Assumption of Development Agreement - Venice Phase 5A%
RECORDING 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
986-0074-021 THROUGH 986-0074-029(LOTS 17-25)
and 986 0068-089 (LOT 88) and 986-0068-022 (PARCEL
T) and 986-0074-011 (PARCEL X) and 986-0074-005
(PARCEL GG)
2023066893- 06/12/2023 02:28 PM 20 PGS
OFFICIAL RECORDS OF ALAMEDACOUNTY
MELISSAWILK, CLERK -RECORDER
RECORDING FEES: $91 M
Lots 17-25, 88 & Parcels T, X, GG, Tract 8370, NB 19 Dublin, CA 94583
Above This Line for Recorder's Use Only
File No.: 013.1-624376-005
r
ASSIGNMENT AN TION OF DE -AN
D A5SQMP ....ELOPMEN.T . _QREEMENT ... D CQNSENT OF CIJY
(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 2" 388.1(a)(2) due to being recorded in connection with a transfer of real property
that Is a residential dwelling to an owner -occupier, or "I
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
O Exempt from fee under GC27,388A n . due to the maximum fees having beepaidon 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
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").
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. I 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. 2019030149, and as further amended by that certain Amendment No. I to the
Assignment of Development Agent. for
Phase 5 of Venice (NB 19).SFFW.v1
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 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 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 5 .pursuant to that certain Agreement for Purchase
and Sale of Real Property and Joint Escrow .Instructions dated as of December 10, 2020, 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. Assi nment. 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 5 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 (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 of Development Agmt. for
Phase 5 of Venice (NB 19).SFFW.vi
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:
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 (6) 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 Venice (NB 19).SFFW.vl
IN, -WITNESS WHEREOF, the parties have entered into this Assignment as of the
Effective Date.
ASSIGNOR:
DUBLIN CROSSING, LLC,
a Delaware limited liability company
In
Its:
BrookCal Dublin LLC;
a Delav
Membe
By:
Name:
Its:
By:
Name:
Its:
By: SPIC Dublin LLC,.
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
By: T
Name:
Its:
Signature Page to Assignment and Assumption of
[development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Venice (NB 19).SFFW.vI
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: SIGNED IN COUNTERPART
Name:
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:
45'
Si nature Page to Assignment and Assumption o
)evelopment Agreement and Consent df City f
Assignment of Development Agmt. for
Phase 5 of Venice (1413 19).SFFW.v1
ASSIGNEE:
LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company
By:
Name:.
Its:
C In LaA
, iature Page to Assignment and Assumption o
Development Agreement and'Consent (if City
Assignment of Development Agmt. for
Phase S of Venice (NB 19).SFFWvl
ACKNOWLEDGMENT
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 June 8, 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) 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 seal..
Signatur (Seal)
LAURA MORENO SMITH
«` w Notary Publk - California
m Contra Costa County
Commission # 2428082
`'" My Comm. Expires Nov 24, 202b
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 jIyn -- D i ' , before me, �� �Cti - C. Ck £ , l l�D ul 740
Date add
/�/,Here Insert Na And Title of the Officer
personally appeared /\. i 1`IyamZ'
a
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence
to be the persons) Whose name(q is/are-subscribed to
the within instrument and acknowledged to me that
he/s4eAhey executed the same in his/heW#ai*
authorized capacity{-}es�, and that by his/herhtrevir
PuAicc Cal si natur on the instrument the ersoibmy
Natary Public •California g � p n(sj, Or the
Contra costa county entity upon behalf of which the person(-� acted,
Commission # 2362216 executed the instrument.
Comm, Expires Jun 22, 2025
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS in hand and official seal.
Place Notary Seal Above Signature of Notary Public
Acknowledgment Page to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Venice (NB 19).SFFW.vI
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 h.
Y OF. , O
�.J
On U4M-C--• `t t .� , before me, / S t"/ 4if , 11l 9 kwo T6L.blt e--�
Date 41 Here Insert Name And tie Of the Officer
personally appeared
Name(s) of Sivter(s) ,
LI5A MCRAE
Notary public » California
Contra Costa County
+e Commission # 2362216
My Comm Expires Jun 22, 2025
n
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence
to be the persoi� whose namo(sy is/airs-subscribed to
the within instrument and acknowledged to me that
he/slw they executed the same in his/h r/NlTeir
authorized capacity`), and that by his/bafAhei
ignatllrt;44--en the instrument the person, or the
entity upon behalf" of which the persoa(s)- acted,
executed the instrument. '
I certify under PENALTY OF PERJURY under the
laws o" the State of California that the foregoing
paragraph is true and correct.
wITMESS my hand and official.sea;l.
Signature of Notary Public
Acknowledgment Page- to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 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. 3396 ages 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 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 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:
Beginning at a point on the north line of the said 180,126 acre parcel, same point being
the northwest corner of Lot 2 as created by Parcel Map 10686 recorded on December 8,
2016 in Rook 334 of parcel maps, at page 59 Official Records of said County; Thence
along the west line of Parcel Map 10586, South 01 ° 36' 61" West - 461.61 feet; Thence
crossing through the said USA parcel for the following four (4) courses: (1) North 88° 24'
09" West - 310.34 feet for the beginning of a curve to the left, (2) in a southwesterly
direction 585.05 feet along the arc of said curve to the left, having a radius of 682.00 feet
and through a central angle of 490 13' 36", (3) South 42" 22' 15" 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 a deed 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 5 of Venice (NB 19).SFFW.v1
2017 under document no, 2017-064517 Official Records of said County at an are distance
of 82.33 feet, in all for a total arc distance of 219.22 feet along 'the arc of said curve to the
right, having a radius of 418.'00 feet and through a. central angle of 3V 02' 57"; Thence
along said north line of Parcel 28 for the following eight (8) courses: (1) South 170 341
48" East- 70.00 feet to the beginning of a curve to the right, from which point the center
bears North 17' 34'48" West, (2) in a westerly direction 97.92feet along the,arc of said
curve to the right, having a radius of 488.00 feet and through a central angle of 11 291
5011, (3) South 01 0 351 51"West - 69.85 feet, (4) North 88? 24" Ob" West - 77,,00 feet, (6)
South 01 a 35' 51 " West - 60.00 feet, (6) North 88* 24' 09"'West - 162.60 feet, (7) South
590 41' 33" West - 108.23 feet, and (8) South 010 35" 52" West - 42.4.80 feet; Thence
crossing through the USA parcel for the following five (5) courses, (1) North 8W' 24' 09"
West-480.26 feet, (2) South 22'5658"West-402.95feet, (3) North 88'24' . 09"West
- 6.82 feet, (4) North 01 *,351 51 " East - 77.24 feet, and (5) North 550 551 01" West - 81.89
feet to the, southeast comer of Parcel 2A described in the above mentioned dded to Dublin
Crossing, LLC; Thence along the east line of Parcel 2A, North 28' 27' 35" East - 309.93
feet to the east common comer of said Parcel 2A and Parcel I described in a deed to
Dublin Crossing, LLQ recorded on August 28, 2015, under document no. 2015-239931
Official Records of said County; Thence along the east line of said Parcel 1, North Oi"
35' 20" East - 315.58 feet to the northeast comer 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 following six (q) courses.: (1) in a.
northeasterly direction 397.82 feet along the arc of said curve to the left, having a radius
Exhibit to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Venice (NB 19).SFFW.v I
of 639;00 feet and through a central angle of 350 40' IT, (2) North 550 53' 25" East -
188.66 feet for the beginning of,a curve to the right, (3) in a northeasterly direction 962.71
feet along the arc of said curve toIhe right, having a radius of,582.00 feet and through a
central angle of 35° 42' 26", (4) South 88° 24' 09" East 170.00 feet for the beginning of
a curve to the. right, (5) in an easterly direction 48.42 feet along the are of said curve to
the right, having a radius of 418,0!0 feet and through a- central angle of 06° 381 14", and
(6) North 380 42' 03," East = 407.75 feet to a point on the north' line of the 180:126 acre
parcel; Thence along said north line for the following three (3) courses: (1) South 88"
24" 09" East - 72:35 feet, (2) North 38° 42' 03" East - 720.96 feet, and (3) South 88° 24,
09" East - 393.35 feet to the Point of Beginning.
Containing 740,660 Square Feet of land area, more or less.
Description continues on next page.
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Venice (NB 19).SFFW.vl
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 Judgrb6nt ran the
Declaration of Taking, Amendment to Declaration offaking, 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. 22362-B,
Judgment effective 27Augqst 1945, Civil No. 22352-R. the Final Judgment of Record filed
an July 21, 1947 and recorded in' Book 6132 at Page 1, Official Records of Alameda
County, same parcel being a portion of that 180.126 acre parcel shown on thatcettain
map entitled "Record of Survey No. 2031 ",filed on May 8, 20,06 in Book 31 at Page 28 of
Maps, Official Records of said Coubty and being more particularly described as follows:
Commencing at the northwest corner of Parrel 1 described in a deed to Dublin Crossing,
LLC recorded on August 28, 2015, under docurbent no, 20157239931 Official Records of
said County; Thence along the north line of Parcel I., South 88' 26' 33" East " 731.53
feet; The across thy; 180.126 acre parcel, North 01' 35' 61" East � 183.83 feet for the
Point of Beginning hereof; Thence continuing across the 180.126 acre -parcel, North
01 0 35, 51 " East — 484.02 feet; Thence along the north line of the 180.126 acre parcel,
South'80' 24' 09" East - 460.00 feet; Thence continuing across the USA parcel for the
following four (4) courses: (1) South 010 35' .51 " West - 649.19 feet for the beginning of
a curve to the right, from which 'point the center bears North 12,0 12123", West, (2) in a
northeasterly direction 79.32 feet along the are of said curve to the tight, having a radius
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 of Venice (NB 19).SFFW.vl
of 6391.00 feet and through a contra[ angle cat' 070 0614311, (3) North 010 35' 5111 East -
179,52feet, and (4) North 88'26'2.3"Wesit,-�82.00 feet to the Point of Beginning.
Containing 236,100 Square Foetof land area, more or less,.
Exhibit A to Assignment and Assumption 9f*
Development Agreement and Consent of Ch , y
Assignment of Development Agmt. for
Phase 5 of Venice (NB 19).SrFW.vl
Exhibit "B"
Legal Description of Property
Real property in the City of Dublin, County of Alameda, State of California, described as
follows:
LOTS 17 THROUGH 25, INCLUSIVE, LOT 88, AND PARCELS T, X AND GG, AS SHOWN
ON THE MAP ENTITLED "TRACT 8370", FILED IN THE OFFICE OF THE RECORDER
ON JUKE 23, 2021, IN BOOK 365 OF MAPS, AT PAGES 60 THROUGH 67, ALAMEDA
COUNTY RECORDS.
APNs: 986-0074-021 (Lot 17)
986-0074-022 (Lot 18)
986-0074-023 (Lot 19)
986-0074-024 (Lot 20)
986-0074-025 (Lot 21)
986-0074-026 (Lot 22)
986-0074-027 (Lot 23)
986-0074-028 (Lot 24)
986-0074-029 (Lot 25)
986-0074-089 (Lot 88)
986-0068-022 (Parcel T)
986-0068-011 (Parcel X)
986-0068-005 (Parcel GG)
Exhibit B to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt. for
Phase 5 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:
XNW1109909n. -fta
By: V
Name: !1696-q A
Title: Acting City Manager
ATTEST:
By: bVAM A
WA
v-v Name: Me,"VA& Koom
Title: City Clerk -
APPROVED AS TO FORM
SIGNED IN COUNTERPART
By:
Name:
Title: City Attorney
0
City Consent to Assignment and Assumption of
Development Agreement and Consent of City
I
Assignment of Development Agmt. for
Phase 5 of Venice (NB 19).SFFW.vl
e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
.....................................................................................................................................................................................
I A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
1 document to which this certificate is attached, and not the
1
truthfulness, accuracy, or validity of that document.
................... I ............. I ..................... : .......... I .............. I .................
................... 7 .............................................................
State of California
-County of Alameda
On June 9. 2023 before me, Marsha Louise Moore, Notary Public personally appeared
Colleen TrLbby, who proved to me on the basis of satisfactory evidence to be the perscinks)
whose name(o is/:a-re subscribed to the within instrument and acknowledged to me that
"-he/she/they executed ' the same in *s/her/*& authorized capacity{ieO, and that by
*s/her/th& signature{-} on the instrument the person{}, or the entity upon behalf of which
the persons) 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.
Imp
MARSHA LOUISE MOORE
Notary Public - California
(Seal) Alameda County
Commission # 2339618
*my Comm. Expires Dec 8, .2024
0
I
DocuSlgn Envelope ID: 840C6rF4-7607-4A39-Al6B-4986IFFB4E14
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: SIGNED IN COUNTERPART
Name:
Title: City Manager
ATTEST:
By:
SIGNED IN COUNTERPART
Name:
Title: City Clerk
APPROVED AS TO FORM
By: RZUSlgned by;
& W/tl
Name: Cam, a etf
Title: City Attorney
City Consent to Assignment and Assumption of
.Development Agreement and Consent of Cio
Assignment of Development Agmt. for
Phase 5 of Venice (NB 19).SFFW.vl