HomeMy WebLinkAboutAssignment and Assumption of Development Agreement - Abbey PH3RECORDING REQUESTED BY: I
First American Title Company 2023070078 06/20/2023 01:39 PM 19 PGS
WHEN RECORDED MAIL DOCUMENT TO:
Brookfield Abbey LLC
c/o Brookfield Bay Area Holdings LLC
12657 Alcosta Boulevard, Suite 250
San Ramon, CA 94583
Atten: Josh Roden
OFFICIAL RECORDS OF ALAMEDACOUNTY
MELISSAWILK,CLERK-RECORDER
*� RECORDING FEES: $116.00
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Space Above This Line for Recorder's Use Only
File No.: 0131-623154-003
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
{} 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
Q 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)
Brookfield Abbey 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 ABBEY LLC, a Delaware 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
Assignment of Development Agmt for
Phase 3 of Abbey (NB 15).sFFW.vl
Document No. 2019030149, and as further amended by that certain Amendment No. I to the
Amended and Restated Development Agreement effective as of May 21, 2019, as evidenced by
that certain Memorandum ofAmended 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 November 18, 2021, as
amended from time to time (as amended, the "Purchase Agreement").
P. 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
2
Assignment of Development Agmt for
Phase 3 of Abbey (N13 15).sFFW.v1
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 (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.
3
Assignment of Development Agmt for
Phase 3 of Abbey (NB 15).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.
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 Abbey LLC
c/o Brookfield Residential
12657 Alcosta Boulevard, Suite 250
San Ramon, CA 94583
Attention: Josh Roden, President
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 3 of Abbey (NB I5).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
By: BrookCal Dublin LLC,
a Delaware limited lia ` it company
Its: Member t
By:
Name:
Its:
By:
Name: Gonzalo
Its: Auftrb
By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
By: SIGNED IN COUNTERPART
Name:
Its:
Si nature Page to Assignment and Assumption of
development Agreement and Consent of City
Assignment of Development Agmt for
Phase 3 of Abbey (NB 15).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
By: BrookCal Dublin LLC,
a Delaware limited liability company
Its: Member
By:
SIGNED IN COUNTERPART
Name:
Its:
By: SIGNED IN COUNTERPART
NTERPA
Name:
Its:
By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
Name: - /j m 1-
6
Its. d ,w
Signature Page to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt for
Phase 3 of Abbey (NB 15).SFFW.vl
ASSIGNEE:
BROOKFIELD ABBEY LLC,
a Delaware limited liability company
Brookfield Bay Area Moldings LLC,
a Delaware limited liability company,
its Member
By:
Name:
Its:
By:
Name:
Its:
eMMM7177-M- .
Authorized Signer
Signature Page to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt for
Phase 3 of Abbey (NB I5).SFFW.vl
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 June 19, 2023 before me, Tiffany Grubbs, Notary Public ,
Date Nanze and Title of Officer
personally appeared Gonzalo Rodriguez and Josh Roden ,
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.
�.. ----
it x TIFFANY GRUBBS
' " u Notary Public - California
m Contra Costa County
r ° Commission # 2415110
+�� o*"'* My Comm. Expires Sep 5, 202b
Place Notary Seat 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.
r
Signature:
i!Signa'tu—re ofNota ziblic
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 , before me,
Data t ere Insert Name And Ti Of the Officer
personally appeared ' { "
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence
to be the person(4whose name(s) Ware- subscribed to
the within instrument and acknowledged to me that
he/she/the)- executed the same in his/h4r4heir
authorized capacity(i,@s-), and that by his/hen(their
signature.4 on the instrument the person((), or the
entity upon behalf of which the personts) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the
EllZn6EtH "L laws of the State of California that the foregoing
Notary Public • California
Contra Costa County paragraph is true and correct.
Commission # 2359448
Comm. Expires may 29, 2025 WITNESS my hand and official seal.
Place Notary seat Above Signature ofNotary Public
Acknowledgment Page to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt for
Phase 3 of Abbey (NB 15).SFFW.vI
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 June 19, 2023 before me, Tiffany Grubbs, Notary Public ,
Date Name and Title of Officer
personally appeared Gonzalo Rodriguez and Josh Roden ,
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.
*my
TIFFANY GRUBBS
Notary Public - California
Contra Costa County
Commission # 2415110
Comm. Expires Sep b, 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:
atur of Notary Public
Exhibit "A"
Legal Description of Phase 3
Real property in the City of Dublin, County of Alameda, State of California, described as
follows:
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 DISTRICT 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. 2015-0239931 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 88046'31" 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 RECORDED ON JANUARY 31,
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 8803937" EAST 356.85 FEET;
THENCE SOUTH 01°1926" WEST 24.60 FEET;
THENCE SOUTH 55055'01" EAST 157.70 FEET;
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt for
Phase 3 of Abbey (NB I5)_SFFW.vI
THENCE SOUTH 01035'51" WEST 77.24 FEET;
THENCE SOUTH 88024'09" EAST 373.31 FEET;
THENCE NORTH 0103551" EAST 325.34 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 50.00
FEET, A CENTRAL ANGLE OF 90°00'00" AND AN ARC LENGTH OF 78.54 FEET;
THENCE SOUTH 88"24'09" EAST 251.59 FEET;
THENCE SOUTH 01035'51" WEST 56.00 FEET TO THE MOST NORTHERLY
NORTHWEST CORNER OF SAID PARCEL 3, DOCUMENT NO. 2015-0239931;
THENCE ALONG THE GENERALLY WESTERLY LINE OF SAID PARCEL 3 THE
FOLLOWING FOUR (4)
COURSES:
1. SOUTH 01°35'51" WEST 527.66 FEET,
2. NORTH 88024'09" WEST 301.59 FEET,
3. SOUTH 01035'51" 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. 22352-13, 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:
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt for
Phase 3 of Abbey (NB 15).SFFW.vi
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 01°35'51" EAST 407.01 FEET, (2) SOUTH 88°33'28" EAST
61.00 FEET, (3) NORTH 01°35'51" EAST 268.59 FEET, (4) NORTH 88°24'09" WEST 51.00
FEET, (5) NORTH 01°3551" EAST 214.71 FEET, (6) NORTH 88°24'09" WEST 168.34 FEET,
(7) NORTH 01°3551" EAST 97.94 FEET, (8) NORTH 88°24'09" WEST 325.08 FEET, (9)
NORTH 01035'51" EAST 112.96 FEET, (10) NORTH 88°24'09" WEST 68.50 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, FROM WHICH POINT THE
CENTER BEARS SOUTH 41°42'37" EAST, (11) 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 THROUGH THE
CENTRAL ANGLE OF 11"21'09", (14) NORTH 35°49'19" WEST 62.00 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE TO THE LEFT FROM WHICH POINT THE
CENTER BEARS NORTH 36020'39" 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 11- I T06", (16) NORTH 42-22,15"
EAST 7893 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 R1IDIUS OF 682.00 FEET AND THROUGH THE CENTRAL ANGLE
OF 49013'36", (18) SOUTH 88°24'09" EAST 310.34 FEET, (19) SOUTH 01035'51'" WEST
67.00 FEET, (20) SOUTH 88°24'09" EAST 518.19 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT, (21) 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 90°00'00", (22) SOUTH 01-35'51" WEST
406.17 FEET, (23) SOUTH 88-24-09" EAST 213.65 FEET, (24) SOUTH 01°35'51" WEST
87.94 FEET, (25) SOUTH 88°24'09" EAST 58.99 FEET, (26) NORTH 01035,51" EAST 206.06
FEET AND (27) SOUTH 88°24'09" 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 88°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.
PARCEL 3:
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
HEREINABOVE DESCRIBED, TO BE USED IN COMMON WITH ADJACENT
Exhibit A to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt for
Phase 3 of Abbey (NB 15).SFFW.vl
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 1 HEREINABOVE
DESCRIBED; RUNNING THENCE NORTH 89°07'23" WEST 44906 FEET TO THE
NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT
OF WAY LINE; THENCE ALONG SAID NORTHEASTERN LINE NORTH 4712'21" 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 THERETO; THENCE ALONG THE LAST SAID
PARALLEL LINE SOUTH 89009'31 ", EAST 1337.937 FEET TO THE EASTERN LINE OF
SAID ELLINGTON STREET; THENCE ALONG THE LAST NAMED LINE SOUTH
0052'10" WEST 341.699 FEET AND SOUTH 41 029'26" WEST 33.188 FEET; THENCE
NORTH 89007'23" WEST 39.520 FEET TO SAID CENTERLINE OF SAID ELLINGTON
STREET; THENCE ALONG SAID LINE NORTH 41 °29'26" 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 89°09'31" WEST
1246.368 FEET TO SAID LINE IN AMARAL STREET; THENCE SOUTH 4712'21" EAST
525.556 FEET TO THE POINT OF BEGINNING.
PARCEL 4
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 Agmt for
Phase 3 of Abbey (NB I5).SFFW.vl
Exhibit "B"
Legal Description of Property
Real property in the City of Dublin, County of Alameda, State of California, described as
follows:
LOT 18 AND LOTS 26 THROUGH 28, INCLUSIVE, AND PARCELS G, H AND L, AS
SHOWN ON THE MAP ENTITLED "TRACT 8367 GRAMERCY AT BOULEVARD ABBEY
AT BOULEVARD", FILED FOR RECORD DECEMBER 18, 2018 IN BOOK 359 OF MAPS
AT PAGE(S) 20 THROUGH 27, OFFICIAL RECORDS OF ALAMEDA COUNTY.
APN: 986-0066-033 (LOT 18)
986-0066-041 (LOT 26)
986-0066-042 (LOT 27)
986-0066-043 (LOT 28)
986-0066-008 (PARCEL G)
986-0066-009 (PARCEL H) AND
986-0066-013 (PARCEL L)
Exhibit B to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt for
Please 3 of Abbey (NB 15).SFFW.vl
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.
My
CITY OF DUBLIN
By:
Name: Linda Smith
Title: City Manager
rvw=w
By: A.
Name: Marsha Moore
Title: City Clerk
F-A t a T I J") X��#i a V
By:
Name:
Title:
City Attorney
Consent y City to Assignment and Assumption of
Development Agreement and Consent of City
Assignment of Development Agmt for
Phase 3 of Abbey (NB 15).SFFW,vl
DocuSign Envelope ID: 30F26CCE-6lE7-4314-ACD1-79EO7B49DODE
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
Title: City Manager
ATTEST:
By:
Name:
Title:
City Clerk
APPROVED AS TO FORM
By: FDocuSigned by:
�ciuA Al�?
Name: cama a Getz
Title: City Attorney
Consent y City to Assignment and Assumption o, f
Development Agreement and Consent of City
Assignment of Development Agmt for
Phase 3 of Abbey (NB 15),SFFW.vI
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 Alameda
On June 19, 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 names} is/a-re subscribed to the within instrument and acknowledged to me that
4e/she/they executed the same in 4+s/her/ authorized capacitykies), and that by
#its/her/#+& signatures) on the instrument the personks4, or the entity upon behalf of which
the person{&} acted, executed the instrument.
I certify under PENALTY OF PERJURY
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
under the laws of the State of California that the
Signature g (Seal)
r MArRSi4A LOUSE MOORE
4 > Notary %b,ic - California
ka1" sCi COUAW
Commission # 2339619
My ',or-.,—. Expires Dec 9, 2024