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1998-1001_KI/FKLA RANCHO REALTY_ Assignment and Assumption of Improvemnt Agreement C 0 py RECORDING REQUESTED BY AND x WHEN RECORDED MAIL TO: x City of San Juan Capistrano Recorded in the County of Orange, California Office of the City Clerk Gary L. Granville, Clerk/Recorder 32400 Paseo Adelanto !IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 18.0e San Juan Capistrano 1998@664746 11 :46am 10/01/98 005 29008823 29 57 A30 5 6.00 12.00 0.00 0.00 0.00 0.00 X /- r ' l ASSIGNMENT AND ASSUMPTION OF IMPROVEMENT AGREEMENT /; • The undersigned, KI/FKLA Rancho Realty, LLC., a Delaware limited liability company ("KI/FKLA")hereby assigns to Weseloh Family Limited Partnership ("Assignee") all of the obligations of KI/FKLA under that certain Subdivision Improvement Agreement, dated July 7, 1987, with the City of San Juan Capistrano (the "City"), which was recorded on July 13, 1987 in the Official Records of Orange County, California as Instrument 87-397561, as amended by that certain Amendment to Subdivision Improvement Agreement dated May 2, 1989, and recorded in said Official Records on May 4, 1989, as Instrument No. 89-237888, as further amended by that certain Amendment to Subdivision Improvement Agreement dated April 16, 1996 and recorded in said Official Records on May 28, 1996 as Instrument No. 96-264701,and as further amended by that certain Partial Assignment of Improvement Agreement recorded on May 28, 1996 as Instrument No. 96-264702 in said Official Records (said agreement, as amended thereby, collectively shall be referred to as the"Improvement Agreement"). The portion of the Improvement Agreement being assigned to Assignee relates to that certain real property being sold to Assignee by KI/FKLA, as further described in Exhibit A attached hereto (the"Property"). As part of the obligations being assumed by Assignee under the Improvement Agreement,Assignee hereby agrees to provide to the City concurrentl3 herewith the security acceptable to the City insuring the performance by Assignee of certain obligations under the Improvement Agreement relating to the Property.. At such time as such security is provided to the City,the City hereby agrees to release the bonds previously posted by KI/FKLA with the City that relate to the Property. This assignment is hereby accepted by Assignee and Assignee hereby assumes for the benefit of the City and KI/FKLA that the obligations of KI/FKLA under the Improvement Agreement that relate to the Property. The City hereby consents to the assignment by KI/FKLA to Assignee as set forth herein, and agrees that following the full execution hereof,the City shall release KI/FKLA from any obligation under the Improvement Agreement with respect to the Property. 1 Kemper\SJG\Subdivision Assn-1 This Assignment may be executed in one or more counterparts, each of which shall be deemed an original,but all of which when taken together shall constitute one agreement. IN WITNESS WHEREOF,this Assignment has been executed as of Sept 1 , 1998. KI/FKLA: KI/FKLA RANCHO REALTY,LLC a Delaware limited liability corporation, By: ZKS Real Estate Partners,LLC, a Delaware limited liability company Its Attorney-in-Fact By: Detf- --tP Name: K-412,/ Title: J.a Prs- e-7. ASSIGNEE: WESELOH FAMILY LIMITED PARTERSHIP By: 4,%; ?/Llek7 Name: C. B. Weseloh Title: General Partner CITY:CITY OF SAN '11 CAPIS ' L 0, Approved a to form only a municipal -. .ora • By:/ •By: Attorney 'nes, Mayor A .t: L City Clerk 2 Kemper\SJG\Subdivision Assn-1 • . .a.. Q -- C,,) ) • STATE OF 0(1JUOTN io ss. COUNTY OF 6111,411, CO Sk CL On Q U, U.5'f 3 , 1998, before me,I4 li SDrYI C'1 Wrap AjkLs Notary Public in and for said County andState,personally appeared-Dc.vmt A. k.in QX , known to me or proved to me on the basis of satisfactory evidence to be the person whbise nhie isubscribed to the within instrument and acknowledged to me that( / e executed the same i r authorized capacity, and that br signature on this instrument the person, or the entity on behalf of which the person acte , executed the instrument. TNESS my hand and official seal _ auevAo moos I ) tat + • %! Y i _ CAlmmtsioA!1181415_ Notary Public \::,...-4:::/,..4a.My{� � X02 • STATE OF CR Ll FO JJ H • ) ss. COUNTY OF SPN Di o On tritvii Sr 3 , 1998, before meinPfRJAVue RA?8.u.t,Mt, a Notary Public in and for said County and State,personally appeared C.d. 1.1iCSEL04+ ,known to me or 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/she executed the same in his/her authorized capacity, and that by his/her signature on this instrument the person, or the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal U R.Mcculrahg �• fL QJLQ4L) ® 111037767 n :3LIC CALIFORNIA 7G0 COUNTY n � ?_,�,. ...,res Sept 5,199E c No Public rvv,�. ..,.,res "' Marianne R..McCullah k U {, �+���^�^��"�,�? Comm.#1037767 e ,i.r'„*.--*,41,7 a.�±i OTARY PUBLIC CALIFORNIA'A 2 I SAN DIEGO COUNTY Comm Expires Sept 5,1998 i v vvvv v.r�ry Kemper\SJG\Subdivision Assn-1 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On September 1, 1998 , before me, Cheryl Johnson , City Clerk,personally appeared ---Gil Jones - -- ,personally known to me 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. (SEAL) WITNESS my hand and official seal. tit • .. go.44.7) City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Mayor Assignment & Assumption of Improvement Title Agreement Title or Type of Document Signer is Representing City of San Juan Capistrano Two Number of Pages September 1, 1998 Date of Document Ki/FKLA Rancho Realty & Weseloh Family Ltd Partnership Signer(s)Other Than Named Above LEGAL DESCRIPTIONOF THE PROPERTY All that certain Land situated in the State of California, County of Orange, City of San Juan Capistrano, described as follows: PARCELS 1 AND 2,AS SHOWN ON A MAP FILED IN BOOK 223,PAGES 10, 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA PARCEL 1 AS SHOWN ON EXHIBIT B ATTACHED TO THAT CERTAIN LOT LINE ADJUSTMENT LLA 94-PM85-306-07 RECORDED NOVEMBER 2, 1994 AS INSTRUMENT NO. 94-0645156 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXHIBIT A