HomeMy WebLinkAboutNEXUS/GRAND PLAN 2/SKYLINE 1 - 2006
A-2006-I39
ASSIGNMENT OF SANDPOINTE AGREEMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT OF SANDPOINTE AGREEMENT AND ASSUMPTION
AGREEMENT ("Assimment") is made as of the ))..J.t. day of .T u..ne. ,2006, by
and between NEXUS DEVELOPMENT CORPORATION/CENTRAL DIVISION, INC., a
California corporation, and THE GRAND PLAN 2, LLC, a DeIaware Iimited liability company,
formerly a California limited liability company (colIectiveIy "Nexus") ("Assimors"), and NDC
SKYLINE ASSOCIATES LLC, a DeIaware limited liability company ("Assie:nee").
WHN~~~~IH:
1. AssiP11ment of Sandoointe Ae:reement. Assignors hereby grant, assign, transfer,
convey and deliver to Assignee all of their respective rights, title and interest in and to that
certain Cooperative Agreement for Off Site Improvements dated as of August 4, 2005 (the
"Sandpointe Agreement") by and between Assignors, Coastal Rim Properties, Inc., a California
Corporation, the Sandpointe Neighborhood Association, Inc., a California non-profit public
benefit and federal 501(c)(3) corporation, The Community Redevelopment Agency of The City
of Santa Ana, a public body corporate and politic and the City of Santa Ana, a charter city and
municipal corporation.
2. . Assumotion of Obligations. By acceptance of this Assignment, Assignee hereby
assumes and agrees to perform and to be bound by all of the terms, covenants, conditions and
obligations imposed upon or assumed by Assignors under the Sandpointe Agreement. Said
assumption shall have application only to those obligations under the Sandpointe Agreement first
accruing or arising on or after the delivery of this Assignment and shall have no application to
obligations accruing or arising prior to said date.
3. Successors and Assie:ns. This Assignment shall be binding upon and inure to the
benefit of the successors, assigns, personal representatives, heirs' and legatees of the respective
parties hereto.
4. Attornevs' Fees. In the event of the bringing of any action or suit by a party
hereto against another party hereunder by reason of any breach of any of the covenants,
conditions, agreements or provisions on the part of the other party arising out of this Assignment,
then in that event the prevailing party shall be entitled to have and recover of and from the other
party all costs and expenses of the action or suit, including reasonable attorneys' fees.
5. Goveruing Law. This Assignment shall be governed by, interpreted under, and
construed and enforceable with, the laws of the State of California.
6. Counteroarts. This Assignment may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and the same
instrument.
780484.01l0C
N6003/6-8-06lsij/wjw
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IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
first written above.
"Assignor"
NEXUS DEVELOPMENT CORPORATION/
\....nl~ 1.l\.f:\..L J..I1 V .1':)lV.l'~, ll"'''-'"
a CalifOrniaz::n
By: . ~1 <l ..;;--. ~
Name: ((,If'5 f::(,. C/o>o,-,
Its: ( f ()
THE GRAND PLAN 2, LLC,
a Delaware limited liability company
By: . -Lc-. (,1...D J-......-
Curtis R. Olson
Its: Managing Partuer
"Assignee"
NDC SKYLINE ASSOCIATES LLC,
a Delaware ~ted liability company
By: ~IW h.
Name: {l (,:, ,~ t, s 1< (' f r~,y)
Its: Prf Cd d l ,j l
780484.0t/0C
N6003/6-8-06l5jj/~W
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CONSENT
The City of Santa Ana, a charter city and municipal corporation duly authorized under
the Constitution and the laws of the State of California, referred to in the above Assignment and
Assumption of Sandpointe Agreement hereby consents to the assignment and assumption
described therein.
Name:
Its:
780484.0ll0C
N6003/6-8-06Isijlwjw
By:
Name: o.\",!> ~ tow,
Its: C,---*" \-AUf'-Uc/",----
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