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HomeMy WebLinkAboutContinental Ranch Inc; 1998-10-30; (3)ASSIGNMENT AND ASSUMPTION AGREEMENT Pursuant to an Agrement for Filing of Final Maps Within Assessment District No- 96-1 (Rancho Carillo) dated October 5, 1998 (the "Agreement") between the CITY OF CARLsBm ("City") and CONTINENTAL RANCH, XNC., a Delaware corporation ("Assignor"), which Agreement is hereby incorporated herein by this reference, and for good and vaIuable consideration, receipt of which is hereby acknowledged, tfie undersi,pxl agree as follows: 1, The assignment and assumption provided for under this Assignment and Assumption Agreement ("Assignment") is made tozether with the sale, transfer or assignment of all or a part of Lhe property subject to the Ageement. Tfie property sold, transferred or assigned together with is Assi,gmeent is described in Exhibit "A" attached herem and incorporated herein by this reference (the "Subject Property"). 2. Assignor bereby grants, sells, transfers. conveys assi,cps and delegates to Monarch Communities of California, a California corporation ("Assignee"). dl of Assignor's rights, title, interest, benefits, privileges, duties and obligations arising under or from the Agreement with respect to the Subject Prom. 3. Assignee hereby accqts the foregoing assignment and unconditionally assum and agrees to perform all of the duties and obliations of Assignor arising under or from the Agrement as owner of the Subject Property arid Assignor is hereby released from all such duties aai obligations. 4. The saIe, transfer or assignment of the Subject Property and the assignment and assumption provided for under this Assignment are the subject of additional agreements between Assig-or and Assignnee. Notwithstanding any rem, condition or provision of such additional agreements, the righls of the City &ing under or from the Agrement and this Assignment sMl not be affected, diminished or defeated in any way, except upon the express written agreement of the City. 5, Assignor and Assignee execute this Assignment pursuant to S,ection 4 of ~e Ageement, and the City evidences its onsent to this Assi,onment by signing below. 10-20-98 s: \i~\mi oooia- AS^ SBWOH ?WLNSNILN03'W02IJ eS:tt 86-Z.0-AON N ms WHEREOF, the parties have executed this Assignment on ASSIGNOR; CO"ENTAL RANCH, INC., a Delaware CQrpoI2ltion a The City hereby c0-6 to this Assignment. CITY: CITY OF CARLSBAD APPROVED AS TO FORM: 1rs-9 Manager 2 8/b H3Wd SL.SZE~L.GIS=~I SBWOH ?WLNBNILN03:WO2iJ 6S:II 86-L.O-AON _- 10-20-98 S': \172\98100018.AS2 e/s 33Wd