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HomeMy WebLinkAboutContracts & Agreements_196-2024RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Beazer Homes Holdings, LLC 310 Commerce, Suite 150 Irvine, California 92602 Attention: Jed Solomon 11/05/2024 03:32 PM SAN 14311 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2024-0265841 Titles: 2 Pages: 9 Fees Taxes CA SB2 Fee Total $0.00 $0.00 $0.00 $0.00 APNs: 0174-711-01-0-000 through 0174-711-29-0-000 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 ASSIGNMENT AND ASSUMPTION OF STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessors Parcel Numbers 0174-711-01-0-000 through 0174-711-29-0-000 (formerly APN 0174-161-25) THIS ASSIGNMENT AND ASSUMPTION OF STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT (this "Assignment"), dated for reference purposes IJbvI1@l.. S , 2024, is made and entered into by and between GS REDLANDS LLC, a California limited liability company ("Assignor"), BEAZER HOMES HOLDINGS, LLC, a Delaware limited liability company ("Assignee"), and the CITY OF REDLANDS, a municipal corporation (the "City"), but does not become effective until the Effective Date (as defined below). Assignor, as Seller, and Assignee, as Buyer, have entered into a contract (the "Purchase Contract") for the purchase and sale of that certain real property described on Schedule 1 attached hereto (the "Property"). The Property is subject to that that certain Stormwater Treatment Device and Control Measure Access and Maintenance Agreement dated as of May 18, 2022, by and between the City and Assignor, and recorded in the Official Records of San Bernardino County, California on May 18, 2022 as Document No. 2022-0184930, as amended, restated, supplemented or otherwise modified from time to time (the "Stormwater Agreement"). This Assignment applies to the Property, which is subject to the Stormwater Agreement. The Purchase Contract contemplates that, at the close of escrow under the Purchase Contract, Assignor shall assign to Assignee all of its rights and obligations, and Assignee shall assume all of Assignor's rights and obligations, under the Stormwater Agreement, and in connection therewith, the date of the close of escrow under the Purchase Contract shall be date upon which such assignment and assumption of the Stormwater Agreement under this Assignment becomes effective (the "Effective Date"). Assignment and Assumption of Stormwater Agreement 5428568v1 / 100026.0121 -1- SPACE ABOVE THIS LINE FOR RECORDER'S USE DOC #2024-0265841 Page 2 of 9 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Assignment of Stormwater Agreement. As of the Effective Date, Assignor hereby assigns, conveys and transfers to Assignee all of Assignor's right, title and interest pursuant to the Stormwater Agreement. 2. Assumption. As of the Effective Date, Assignee hereby assumes and agrees to perform all of the obligations of Assignor under the Stormwater Agreement to the extent arising on or after the date of this Assignment and relating to the Property, and from and after the Effective Date, Assignee shall be deemed the "Owner" (as defined in the Stormwater Agreement) with respect to the Property for all purposes set forth in the Stormwater Agreement. 3. Acknowledgement; Release. The City , for itself hereby acknowledges and agrees that this Assignment satisfies all of the requirements set forth in Section 6 of the Stormwater Agreement and hereby consents to and accepts this Assignment. In addition, as of the Effective Date, City hereby expressly releases Assignor from any and all obligations under the Stormwater Agreement. 4. Applicable Law. This Assignment shall be construed under and enforced in accordance with the laws of the State of California. 5. Binding. This Assignment and all of its terms and provisions shall be binding upon and inure to the benefit of each of the parties hereto and its respective successors and assigns. 6. Counterparts. This Assignment may be executed in any number of counterparts, each to be an original, but all of which shall constitute one instrument, and it shall be sufficient if any party hereto signs any such counterpart, so long as each of the parties hereto executes at least one such counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGE] Assignment and Assumption of Stormwater Agreement 5428568v1/100026.0121 DOC #2024-0265841 Page 3 of 9 IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. "ASSIGNOR" GS REDLANDS LLC, a California limited liability company By: / z t LG.- 44 Name: xyv12Hee flvH Title: Fist is-ta Nt TKAWYpr Assignment and Assumption of StormwaterAgreement 5428568v1/100026.0121 DOC #2024-0265841 Page 4 of 9 CALIFORNIA ALL-PURPOSE 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 OFSN fial`Y/10) On /VoVP(br" Date personally appeared , 20Zy before me, Ko b GI V /I/0 /' y 7°CJ 1 1C (Here Insert Name and Title of the Officer) Name(s) 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), arid 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. Davis COMM. #2487361 NOTARY PUBLIC -CAUFORNIA RIVERSIDE COUNTY My Comm. Expires April 19.2028 Assignment and Assumption of Stormwater Agreement 5428568v1 / 100026.0121 WITNESS my hand and official seal. Signature -4- Signature of Notary Public DOC #2024-0265841 Page 5 of 9 "ASSIGNEE" BEAZER HOMES HOLDINGS, LLC, a Delawpe limit 'ability company By: / Name ,led Solomon Title: VP Land tinuiSiliovl Assignment and Assumption of Stormwater Agreement 5428568v1/100026.0121 -5- DOC #2024-0265841 Page 6 of 9 personally appeared CALIFORNIA ALL-PURPOSE 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 0 fmn9C ao2.1- On O e,}-obey 7,9 , Nit before me, b p An a Miele Ji'af 11, /1411Pvbh c_, Date (Here Insert Name and Title of the Oer) ,Jed Sc /o►-► ? o ri Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowle • : ed to me th ir-authorized capacity(.ies), and that ,4to.• on(-s) whose name( is are - executed the same in ignature(s) on the instrument the person,), or the entity upon behalf of which the person(s)-acted, executed the instrument. Diana Adele Jivan COMM# 2459379 NOTARY PUBLIC—CALIFORNIA Orange County MY COW EXPIRES 8/15/2027 Assignment and Assumption of Stormwater Agreement 5428568v1/100026.0121 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 -6- Sig gjure of Notary Public DOC #2024-0265841 Page 7 of 9 "CITY" CITY OF REDLANDS By: Name: Charles M.Agarl, Jr. Title: City Manager ATTEST By. 1Q()4446 Jeanne Donaldson Title: City Clerk Assignment one Assumption of Sloan enterAgreement 5428568v1/100026.0121 -7- DOC #2024-0265841 Page 8 of 9 CALIFORNIA ACKNOWLEDGEMENT 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 San Bernardino On Monday, November 4, 2024 before me, Jennifer Macias, Notary Public, personally appeared Charles M. Duggan, Jr. and Jeanne Donaldson, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. Signature f No ary Public JENNIFER MACIAS Notary public - California San Bernardino County Commission S 2388813My Comm, Expires Dec 31, 2025 (Seal) Copyright ©2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2024-0265841 Page 9 of 9 SCHEDULE 1 LEGAL DESCRIPTION Real property in the City of Redlands, County of San Bernadino, State of California, described as follows: LOTS 1 THROUGH 29 OF TRACT NO. 20065, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 363, PAGES 4, 5 AND 6 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN 0174-711-01-0-000 THROUGH APN 0174-711-29-0-000 085677\12601546v2