HomeMy WebLinkAboutCT 85-35; Aviara Land Associates/Barratt American Inc; 1994-0485187; Unity of Control Assumption Agreementa4!tdE&IC..$w TITLEi
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AND WHEN RECORDED RETURN TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Drive .'. Carlsbad, California 92008
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--------SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY--------
ASSUMPTION AGREEMENT (FOR UNITY OF CONTROL AGREEMENT)
THIS ASSUMPTION AGREEMENT (the llAgreementll) is made as of August 9, 1994, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ('lAviarall), and BARRATT AMERICAN JNCORPOEUTED, a Delaware corporation ("Purchaserl@), with reference to the following facts:
A. Aviara is the master developer of the Aviara master- planned community located in the City of Carlsbad, State of California.
B. Aviara and certain purchasers of real property located within the Aviara master-planned community have executed and recorded that certain Unity of Control Agreement recorded April 16, 1990 as File No. 1990-204778 of Official Records* (the "Unity of Control Agreement").
c. Purchaser has purchased from WNH AVIARA PARTNERS, LTD., a California Limited Partnership, a portion ("Lots 92 and 93") of the real property located in the Aviara master-planned community, which portion is described in the attached Exhibit "A 1V . For purposes of this Agreement, the l'Propertyl@ shall mean Lots 92 and 93.
D. By executing this Agreement, Purchaser is assuming and agreeing to be bound by the terms and conditions of the Unity of Control Agreement with reference to Purchaser's use and development of the Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Acknowledoment and Assumntion. Purchaser acknowledges that Purchaser has received and reviewed the Unity of Control Agreement, and Purchaser hereby assumes and agrees
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L to be bound by its terms and conditions with reference to Purchaser's use and development of the Property.
2. Exhibits. All exhibits to which reference is made in this Agreement are deemed to be incorporated herein by each reference as if fully set forth.
3. Counternarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
Company, a Delaware General Partner
D.L. Clemens, Vice President
[Printed Name and Title]
By: Republic Development Company, a ~~-AaJyp~=k~o~, General
D.L. Clemens, Vice President
[Printed Name and Title]
-2- [AVIARA/AREA 71
072694
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BARRATT AMERICAN INCORPORATED, a Delaware corporation
II 3&O. /CL I [Printed Name and Tikle]
BY
[Printed Name and Title]
izLzLG&- City Attkney
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072694
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LEGAL DESCRIPTION
Lots 92 and 93 of City of Carlsbad Tract No. 83-35, Aviara Phase 1, Unit C, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12411, filed in the office of the County Recorder for San Diego County, June 29, 1989.
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- CALlFORNlkALL-PURPOSE ACKNOWLEDGEMENT I .
STATE OF CALIFORNIA ) .
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NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
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personally appeared, cf! L. &&/H&T
personally known to me (ccc) to be the person(e) whose name(s) isfare subscribed to the within instrument and acknowledged to me that heHre+ttvey executed the same in his#ver%eir authorized
capacity@%), and that by his/h&their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
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(SEAL)
- OPTIONAL INFORMATION -
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT -
STATE OF CALIFORNIA
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154 before me, A??M h?&H
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
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personally appeared, ~A$!/- d/&?X?X’&Vb
personally known to me ((I.e) to be the person@ whose name@) isfare
subscribed to the within instrument and acknowledged to me that he/&&they executed the same in his/her&heir authorized
capacity+), and that by his/herftheir signature@) on the instrument the person(e), or the entity upon behalf of which the
person@) acted, executed the instrument.
(SEAL)
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- OPTIONAL INFORMATION -
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE