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HomeMy WebLinkAboutRecorded Doc 2019-034 • 0l� l61 -- o2A RECORDING REQUESTED BY: DOC # 2019-0152112 RecordingRequested By 05/02/2019 12:55 PM Fees: $115.00 Page 1 of 5 First American Title HSD Recorded in Official Records CITY OF CATHEDRAL CITY IN ITS CAPACITY Pof Riverside Peeteerr Aldana AS HOUSING SUCCESSOR AGENCY Assessor-County Clerk-Recorder WHEN RECORDED MAIL TO: "This document was electronically submitted to* o the County of Riverside for recording" City of Cathedral City Receipted by:MARIA VICTORIA#411 Attn: City Clerk 68-700 Avenida Lalo Guerrero Cathedral City,California 92234 ;•?5-6 (Space above for Recorder's Use) ASSIGNMENT AND ASSUMPTION AGREEMENT BY AND BETWEEN URBAN COMMUNITIES, LLC, a CALIFORNIA LIMITED LIABILITY COMPANY AND A0685 CATHEDRAL CITY, L.P., a CALIFORNIA LIMITED PARTNERSHIP TRA: DT: RECORDING REQUESTED BY: Recording Requested By First American Title HSD CITY OF CATHEDRAL CITY IN ITS CAPACITY AS HOUSING SUCCESSOR AGENCY WHEN RECORDED MAIL TO: City of Cathedral City Attn: City Clerk 68-700 Avenida Lalo Guerrero Cathedral City, California 92234 S"/37",r6 (Space above for Recorder's Use) ASSIGNMENT AND ASSUMPTION AGREEMENT BY AND BETWEEN URBAN COMMUNITIES, LLC, a CALIFORNIA LIMITED LIABILITY COMPANY AND A0685 CATHEDRAL CITY, L.P., a CALIFORNIA LIMITED PARTNERSHIP TRA: DT: ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement") is entered into effective as of Apt►c 2' , 2019 ("Effective Date"), by and between Urban Housing Communities, LLC, a California limited liability company ("Assignor") and A0685 Cathedral City, L.P., a California limited partnership ("Assignee"). RECITALS A. Assignor, Ikaika Ohana, a Hawaii nonprofit corporation, and the City of Cathedral City, a municipal corporation, acting in its capacity as the Housing Successor Agency to the former Redevelopment Agency of the City of Cathedral City (in such capacity, referred to herein as the "Agency") entered into that certain Disposition, Development and Grant Agreement dated as of December 4, 2018 (the "DDA") addressing the disposition and development of the real property consisting of ten (10) vacant parcels located on Landau Avenue between Vega Road and Elizabeth Road, in the City of Cathedral City, California, known as Riverside County Assessor's Parcel Nos. 678-060-001, -002, -003, -004, -005, -0049, -050, -051, -052, and -053 (the "Property"). B. Assignor desires to assign all of its right, title and interest in and to, and obligations under, the DDA to the Assignee, and the Assignee desires to assume all of Assignor's right, title and interest in and to, and obligations under, the DDA, subject to the Agency's consent. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignment by Assignor. Assignor hereby assigns to Assignee all of Assignor's right, title, and interest in and to, and obligations under, the DDA. 2. Acceptance of Assignment and Assumption by Assignee. Assignee hereby accepts the above assignment of Assignor's right, title and interest in and to, and assumes all of Assignor's obligations under, the DDA, and agrees to perform all of Assignor's obligations and covenants under the DDA as if Assignee were the original signatory thereto. 3. Representations. Assignor and Assignee each represents and warrants that each is duly formed, validly existing, and in good standing under the laws of the State of California, and has the power and authority to execute this Agreement and perform its respective obligations hereunder. 4. Binding on Successors. The terms of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. OAK#4816-0284-9672 v2 5. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, Assignor and Assignee have entered into this Assignment and Assumption Agreement effective as of the date first written above. ASSIGNOR: Urban Housing Communities, LLC, a California limited liability company By: Print ame: ;SDI n/ LS'lC LLY Title: e--ao ASSIGNEE: A0685 Cathedral City, L.P., a California limited partnership By: A0685 Cathedral City Holdings LLC, a California limited liability company Its: General Partner By: Urban Housing Communities, LLC, a California limited liability company Its: Sole Member By: ,114 / r Print /me: 3771-1A/ 1114/.4.-:/ Title: /2W4- 17 AGENCY'S ACKNOWLEDGEMENT AND CONSENT The City of Cathedral City, a municipal corporation, acting in its capacity as the Housing Successor Agency to the former Redevelopment Agency of the City of Cathedral City hereby consents to the above-described assignment and assumption of Assignor's rights and obligations under the DDA to the Assignee. AGENCY: City of Cathedral City, a municipal corporation, acting in its capacity as the Housing Successor Agency to the former '-i •velopment Agency of the City of Cathedral City By: �' �L. Charles P. McClendon, City Manager Approved as to form: 2 OAK#4816-0284-9672 v2 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 ORANGE} ss. On March 4, 2019 before me, Arturo Rosiles, Notary Public, personally appeared John F. Bigley, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person 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. id .4-ta ARTURO ROSILES _ % Notary Public-California Signature a' Z s Orange County Commission:2188563 My Comm.Expires Apr 23,2021 (seal) 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. ALL-PURPOSE ACKNOWLEDGEMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On "Y' 2-C1 , 2019, before me, Tracey R. Martinez, Notary Public, personally appeared ( Y 4 V1tg p. ►-ACCle Mon Name of Signer(s) 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 TRACEY R.MAR7iNE� ' "( signature(s) on the instrument the person(s), or the Notary Public•California Riverside County £ entity upon behalf of which the person(s) acted, M Commission x 2282778 - executed the instrument. My Comm.Expires Apr 21,2023 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. .L1 . `ignature of Nota wublic