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RecDoc 2026-002924 Development Agreement 901 El Camino Real
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RecDoc 2026-002924 Development Agreement 901 El Camino Real
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Last modified
3/17/2026 4:33:37 PM
Creation date
3/17/2026 4:29:08 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Development Agreement - El Camino Real Holdings JV
Doc Num
2026-002924
Rec Date
1/20/2026
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Restrictive Covenant Agreement to a single purpose entity in which Assignor is a general partner, <br />provided that such assignee shall assume in writing all of Assignor's obligations under the <br />Restrictive Covenant Agreement. <br />NOW, THEREFORE, in consideration of the foregoing, and in consideration of the mutual <br />promises of the parties hereto and for other good and valuable consideration, the receipt and <br />sufficiency of which are hereby acknowledged, the parties agree as follows: <br />1. Effective Date. As used in this Agreement, the "Effective Date" shall be the date <br />this Agreement is entered into by the Assignor and Assignee as first written above, which is the <br />date Assignee acquired fee title to the Project from Assignor. <br />2. Assi mg Hent. As of the Effective Date, Assignor transfers and assigns to Assignee <br />all of Assignor's rights, interests, benefits, privileges, and duties and obligations under the <br />Restrictive Covenant Agreement ("collectively the "Assigned Obligations"). <br />3. Assumption. As of the Effective Date, Assignor is assigning to Assignee and <br />Assignee is assuming the foregoing assignment of the Assigned Obligations and agrees to perform <br />and be bound by all of the terms, covenants, obligations and conditions imposed upon the Assignor <br />under the Restrictive Covenant Agreement for the benefit of the City, as if the Assignee were the <br />original signatory thereto, requiring performance subsequent to the Effective Date. The Assignee <br />agrees to be bound in every way by all of the grants, terms, conditions, and covenants in respect <br />of the Assignor contained in the Assigned Obligations occurring subsequent to the Effective Date. <br />All references in the Restrictive Covenant Agreement to the Assignor shall hereafter be deemed <br />to be references to the Assignee. <br />4. Representation and Warranty of Assignor. Assignor represents and warrants to the <br />City and Assignee that: <br />a. That Assignee is a limited partnership in which Assignor is the general <br />partner and that through this Agreement the Assignee shall assume in writing all of Assignor's <br />obligations under the Restrictive Covenant Agreement; and <br />b. To the best of the Assignor's Imowledge, as of the date hereof, there exists <br />no event of default under the Restrictive Covenant Agreement and that there is no event that, with <br />the giving of notice, the passage of time, or both, would constitute an event of default. <br />5. Acknowledgement by City. The City acknowledges the assignment to, and <br />assumption of, the Assigned Obligations by the Assignee as consistent with Section 6.26 of the <br />Restrictive Covenant Agreement. The City further agrees pursuant to Section 6.15 of the <br />Restrictive Covenant Agreement that the Restrictive Covenant Agreement is hereby amended by <br />this written instrument which has been executed and acknowledged by each of the parties hereto <br />and duly recorded in the Official Records. <br />6, Notices. All correspondence and notices given or required to be given to Assignor <br />under the Restrictive Covenant Agreement, from and after the Effective Date, shall be provided to <br />e Assignee and shall be addressed as follows: <br />ATTY/AGR/2025.084/920 SHASTA AFFORDABLE HOUSING LAND DONATION AGREEMENT <br />REV: 10-16-25 VR <br />Exhibit G - 34 <br />
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