HomeMy WebLinkAbout05 HOUSING ASSIGNMENTS 07-05-05
AGENDA REPORT
Agenda Item
Reviewed:
City Manager
--5--
~
Finance Director ~
MEETING DATE:
JULY 5, 2005
TO:
FROM:
WilLIAM HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
COLUMBUS SQUARE AND GROVE HOUSING ASSIGNMEMENT
AGREEMENTS (CONVENYANCE MAPS 16857 AND 16792)
SUMMARY
On June 20, 2005, the City Council approved Tentative Tract Map 16792 and 16857 for
convenyance purposes. Tentative Tract Map 16857 approved the subdivision of the
105.5-acre Columbus Square project site into fifteen (15) numbered parcels and five (5)
lettered parcels for conveyance purposes located in Planning Areas 4 and 5 of the
MCAS-Tustin Specific Plan (Reuse Disposal Parcel 23 and Parcel 24); and Tentative
Tract Map 16792 approved a subdivision of the 86.26-acre Columbus Grove project site
into twelve (12) parcels for conveyance purposes located in Planning Area 21 of the
MCAS-Tustin Specific Plan (Reuse Disposal Parcel 35 and Parcel 36). As a condition
of these Maps, the applicant is required to enter into Housing Assignment Agreements
to insure implementation of the Affordable Housing requirements of the Specific Plan,
the City's Density Bonus Ordinance, and the City approved "Affordable Housing Plan,
Density Bonus Application." The Assignment Agreements prepared by the City Attorney
and executed by Moffett Meadows Partners and the respective assignees fulfills these
conditions of approval.
ApplicanV
Owner:
Moffett Meadows Partners, llC
RECOMMENDATION:
That the City Council authorize the City Manager to execute the attached and any future
Assignment Agreements on behalf of the City of Tustin.
FISCAL IMPACT:
There are no associated fiscal impacts associated with the execution of this agreement.
BACKGROUND/DISCUSSION:
On June 20, 2005, the City Council approved Tentative Tract Map 16792 and 16857 for
conveyance purposes. Tentative Tract Map 16857 approved the subdivision of the
City Council Report
Assignment Agreements
Columbus Square and Grove
Page 2 of 3
1 05.5-acre Columbus Square project site into fifteen (15) numbered parcels and five (5)
lettered parcels for conveyance purposes located in Planning Areas 4 and 5 of the
MCAS-Tustin Specific Plan (Reuse Disposal Parcel 23 and Parcel 24); and Tentative
Tract Map 16792 approved a subdivision of the 86.26-acre Columbus Grove project site
into twelve (12) parcels for conveyance purposes located in Planning Area 21 of the
MCAS-Tustin Specific Plan (Reuse Disposal Parcel 35 and Parcel 36). As a condition
of these Maps, the applicant is required to enter into Housing Assignment Agreements
to insure implementation of the Affordable Housing requirements of the Specific Plan,
the City's Density Bonus Ordinance, and the City approved "Affordable Housing Plan,
Density Bonus Application." Specifically, Conditions 1.8 ofTTM 16792 and 1.10 ofTTM
16857 require:
1.8
As noted in Condition 2.3 of Resolution No. 05-37, prior to recordation of the first
final map including a conveyance map, or issuance of first building permit,
whichever occurs first, the applicant (Moffett Meadows Partners, LLC) shall enter
into a Housing Agreement with the City to insure implementation of the
Affordable Housing requirements of the Specific Plan, the City's Density Bonus
Ordinance, the City approved Affordable Housing Plan, Density Bonus
Application, and the City's Affordable Housing Policy and compliance with
California Health and Safety Code Section 33413(b)(2). A minimum of thirty (30)
units shall be sold to moderate income households and no fewer than twelve (12)
transitional units within the very low income category shall be conveyed to
homeless providers for transitional housing for assistance to the homeless
(Human Options and Orange County Interfaith Shelter). Eight (8) very low
income units and seventeen (17) low income units are approved for transfer to
Planning Area 5. As part of the Housing Agreement, affordable covenants and
other agreements shall be required to be recorded against each unit and will be
binding on properties upon sale of transfer of units for a minimum of 45 years. In
addition, prior to City approval of the first final conveyance map, Moffett
Meadows Partners, LLC (applicant) shall enter into a City-approved Assignment
Agreement with each builder/purchaser, which Assignment Agreement shall be
recorded immediately after the final map is recorded and effective upon transfer
of title to each builder/purchaser.
1.10 As noted in Condition 2.4 of Resolution No. 05-40, prior to recordation of the first
final map including a conveyance map, or first building permit, whichever occurs
first, the applicant (Moffett Meadows Partners, LLC) shall enter into a Housing
Agreement with the City to ensure implementation of the Affordable Housing
requirements of the Specific Plan, the City's Density Bonus Ordinance, the City
approved "Affordable Housing Plan, Density Bonus Application," and the City's
affordable Housing Policy and compliance with California Health and Safety
Code Section 33413(b)(2). The development shall include 266 affordable units in
Planning Areas 4 and 5 including twenty-five (25) affordable units transferred
from Planning Area 21 to Planning Area 5. In addition, prior to City approval of
the first final conveyance map, Moffett Meadows Partners, LLC (applicant) shall
City Council Report
Assignment Agreements
Columbus Square and Grove
Page 3 of 3
enter into a City-approved Assignment Agreement with each
builder/purchaser, which Assignment Agreement shall be recorded immediately
after the final map is recorded and effective upon transfer of title to each
builder/purchaser.
The Assignment Agreements prepared by the City Attorney and executed by Moffett
Meadows Partners and respective assignees fulfills this and various related conditions
of approval.
£2~ß./I~~
Elizabeth A. Binsack
Community Development Director
Attachment: Assignment Agreements
S: IC ddlCC R EPORTlCol u mbus Sq uareG roveAssig nme ntAg reements. doc
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
City ofTustin )
300 Centennial Way )
Tustin, California 92780 )
Attn: Director of Community Development)
Exempt From Recording Fee Pursuant to Government Code section 27383
ASSIGNMENT AGREEMENT
(COLUMBUS GROVE)
)
THIS ASSIGNMENT AGREEMENT (the "Agreement") is made and entered into by
and between Moffett Meadows Partners, LLC ("Assignor"), a Delaware Limited Liabiffy
Company and William Lyon Homes, Inc., a California corporation ("Assignee"). .
RECITALS
A. Assignor owns certain real property in Tustin, California, that it intends to
develop as "COLUMBUS GROVE" (the "Project").
B. As a condition of City of Tustin ("City") approval of the Project, Assignor
entered into a Housing Agreement for Columbus Grove (the "Housing Agreement") with the
City, dated June 20, 2005, that requires Assignor to develop a certain number of for-sale
affordable housing units in specific locations at Columbus Grove, in accordance with State
regulations on price, qualifying households, and a forty-five (45) year period of affordability.
C. The Housing Agreement pennits Assignor to assign its obligations under the
Housing Agreement to a BuilderlPurchaser through a City-Approved Assignment Agreement
that is recorded in the Official Records of the County of Orange against the BuilderlPurchaser's
portion of the property at Columbus Grove that is acquired from Assignor.
D. A portion of Columbus Grove, as described in Exhibit "A" attached hereto and
incorporated herein by this reference, will be acquired by Assignee ("Lyon Acquisition").
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
AGREEMENT
I. Assil!nment. Effective upon close of escrow of the Lyon Acquisition, or transfer
of title to Lennar, whichever comes first, all rights, interests and obligations of Assignor in the
Housing Agreement affecting the real property described in Exhibit "A", are hereby assigned to
Assignee, and Assignor shall be released from the obligations of the Housing Agreement
affecting the real property described in Exhibit "A". A copy of the Housing Agreement is on file
with the Director of Community Development at the City.
2. Acceptance of Assil!nment. Assignee accepts this assignment and agrees to
assume and perfonn all duties and obligations that Assignor has under the Housing Agreement as
74S164.0J/DC
88888-118/6-27-0S/nnj/pal
204224.1
they affect the real property described in Exhibit "A", as if Assignee has been an original party to
the Housing Agreement.
3. City's Conditions of Approval. Assignee understands and acknowledges that all
of City's land use conditions of approval for the Project (including Tract Map conditions) remain
in effect until satisfied, and are not modified or superseded by this Agreement.
4.
Time of Essence. Time is of the essence in this Agreement.
5. Effect on Heirs and Successors. This Agreement and each of its provisions shall
be binding on and shall inure to benefit of the respective heirs, designees, legalese, executors,
administrators, trustees, successors and assigns of the parties to this Agreement.
6. No Third Party Beneficiaries. This Agreement has been made and entered into
solely for the benefit of the Parties to this Agreement and their respective successors and
pennitted assigns. Nothing in this Agreement is intended to confer any rights or remedies under
or by reason of this Agreement on any persons other than the parties to it and their respective
successors and pennitted assigns. Nothing in this Agreement is intended to relieve or discharge
the obligation or liability of any third persons to any parties to this Agreement.
7. Entire Al!reement. This Agreement and Exhibit "A" constitute the entire
agreement and understanding between the parties hereto with respect of the subject matter of this
Agreement and supersedes all prior or contemporaneous agreements and understandings with
respect to such subject matter, whether oral or written.
8. Governinl! Law. This Agreement shall be govemed by and construed in
accordance with the laws of the State of California.
9. Severability. If any part of this Agreement is declared by a final decision of a
court of competent jurisdiction to be invalid for any reason, such shall not affect the validity of
the rest of the Agreement. The other parts of this Agreement shall remain in effect as if this
Agreement had been executed without the invalid part. The parties declare that they intend and
desire that the remaining parts of this Agreement continue to be effective without any part or
parts that have been declared invalid.
10. Counterparts. This Agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same instrument.
11. Authority of Sil!natories to Al!reement. Each person executing this Agreement
represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Agreement on behalf of the Parties for which execution is made. Each Party
represents and warrants to the other that the execution of this Agreement and the perfonnance of
such Party's obligations hereunder have been duly authorized and that the agreement is a valid
and legal agreement binding on such party and enforceable in accordance with its tenns.
745164.0IlOC
88888-118/6-27-05/=;/..1
204224.1
IN WITNESS WHEREOF, the parties have executed this Agreement on the date when
the last party signs.
ASSIGNOR:
MOFFETT MEADOWS PARTNERS, LLC, a
Delaware limited liability company
By:
Marble Mountain Partners, LLC, its sole
member
By:
Tustin Villas Partners, LLC, a
Delaware limited liability company,
its administrative member
By:
Dated:
i.t1l1 2 r 21M S-
O I
JUJU Z 1/ ZO05
By:
By:
B~~~
IS t Secretar;
Dated:
Dated:
ASSIGNEE:
Dated:
WILLIAM LYON HOMES, INC., a
c,¡; fŒi~l"iOO
By:
L
Name:
. Richard S. Robinson
Senior Vice President
Title:
APPROVED AS TO FORM:
BY:~~
By:
Name:
Michael D (',rnhhg
Senior Vice President
Dated:
Title:
745164.01/0C
88888.118/6.27-0'/=j!p,'
204224.1
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~
-~~
~
State of California
County of D~
ð1J\l it-I 2JJos ,
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personally
appeared
On
.. lOll A. Wl.COX
~#1567927
--, PIèIc - ~
~ c:oon,
..,c-."""'-"lo.-
~erSOnallY known to me
0 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
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
P'", No"", S", Abo",
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reaUachment of this form to another document.
Des ription of Attached Document
Title or e of Document:
Capacity(ies) Claimed by gig
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Number of Pages:
Topofthembh",
Signer's Name:
D Individual
D Corporate Officer - Tttle(s):
Partner - D Limited D General
D rney in Fact
D Trus
D Guardian
D Other:
.
Topofthembh",
Signer Is Representing:
Signer Is Representing:
@2004N,lio", Nota", A"""',lio"' 9350 De Solo Me, PO. Bo> 2402' Ch,lsworth. CA 91313-2402
lI,m No. 5907
Reo",ef Call TolI-F,.. t.800.
827
)
)
COUNTY OF ORANGE)
On lRJ ~ 'I ( O~ , before me, the undersigned, a Notary
Public in and for said State, personally appeared RICHARD S. ROBINSON:
STATE OF CALIFORNIA
X personally known to me . OR -
J OFFICIAL SEAL !
€I. KATHY SAMPSON
- ". -" NOTARY PUBLIC-CALIFORNIA "
¡¡ ... COMMISSION;; 1397488 =
,," ORANGE COUNTY
. . My Commission Exp. FEBRUARY 9,2007
0 proved to me on tbe basis of satisfactory
evidence, to be tbe person whoae 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, xecuted the instr nt.
)
)
COUNTY OF ORANGE)
On LP r J. '7/ 0<;' , before me, the undersigned, a Notary
Public in and for said State, personally appeared MICHAEL D. GRUBBS:
STATE OF CALIrORNIA
X personally known to me - OR
OFFICIAL SEAL ¡
NOTAR~~~~L~Ë~:;Ã~~ORNIA ;
COMMISSION ;; 1397488 "
,," ORANGE COUNTY ,
. My Commission Exp. FEBRUARY 9, 2007 .
- 0 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, ecuted the instrument.
ficial seal.
CAPACITY CLAIMED BY SIGNER:
0 Individual(s)
X Corporate
Officer(s) Senior Vice President
Title(s)
0 Partner(s)
0 Attomey-in-Fact
0 Trus1ee(s)
0 Subscribing Witness
0 Guardian/Conservator
0 Other:
SIGNER IS REPRESENTING:
Name ofperson(s) or entity(ies)
William Lvon Homes Inc.
CAPACITY CLAIMED BY SIGNER:
0 Individual(s)
X Corporate
Ot1icer(s) Senior Vice President
Title(s)
0 Partner(s)
0 AttorneY-in-Fact
0 Trustee(s)
0 Subscribing Witness
0 Guardian/Conserva10r
0 Other:
SIGNER IS REPRESENTING:
Name ofperson(s) or entity(ies)
William Lvon Homes Inc.
CONSENT TO ASSIGNMENT
The City of Tustin hereby consents to the assignment to Assignee of the duties of perfonnance
under the Housing Agreement between the City and Moffett Meadows Partners, LLC with
respect to the real property described in Exhibit "A".
By:
William A. Huston, City Manager
APPROVED AS TO FORM:
Lois E. Jeffrey, City Attorney
745164.01/OC
88888.118/6-27-O5!=j/p.1
204224.1
EXHIBIT "A"
Legal Description
Lot 4 of Finance and Conveyance Map Tract No. 16792, located in
the City of Tustin, County of Orange, State of California, recorded
on , 2005, in Book -' Page -' Official
Records, of Orange County, California.
745164.0IlOC
88888.118/6-27-05/=;/p,1
204224.1
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
City of Tustin )
300 Centennial Way )
Tustin, California 92780 )
Attn: Director of Community Development)
Exempt From Recording Fee Pursuant to Government Code section 27383
ASSIGNMENT AGREEMENT
(COLUMBUS SQUARE)
THIS ASSIGNMENT AGREEMENT (the "Agreement") is made and entered into by
and between Moffett Meadows Partners, LLC ("Assignor"), a Delaware Limited Liability
Company and William Lyon Homes, Inc., a California corporation ("Assignee").
RECITALS
A. Assignor owns certain real property in Tustin, California, that it intends to
develop as "COLUMBUS SQUARE" (the "Project").
B. As a condition of City of Tustin ("City") approval of the Project, Assignor
entered into a Housing Agreement for Columbus Square (the "Housing Agreement") with the
City, dated June 20, 2005, that requires Assignor to develop a certain number of for-sale
affordable housing units in specific locations at Columbus Square, in accordance with State
regulations on price, qualifying households, and a forty-five (45) year period of affordability.
C. The Housing Agreement pennits Assignor to assign its obligations under the
Housing Agreement to a BuilderlPurchaser through a City-Approved Assignment Agreement
that is recorded in the Official Records of the County of Orange against the BuilderlPurchaser's
portion of the property at Columbus Square that is acquired from Assignor.
D. A portion of Columbus Square, as described in Exhibit "A" attached hereto and
incorporated herein by this reference, will be acquired by Assignee ("Lyon Acquisition").
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
AGREEMENT
I. Assil!nment. Effective upon close of escrow of the Lyon Acquisition, or transfer
of title to Lennar, whichever comes first, all rights, interests and obligations of Assignor in the
Housing Agreement affecting the real property described in Exhibit "A", are hereby assigned to
Assignee, and Assignor shall be released from the obligations of the Housing Agreement
affecting the real property described in Exhibit "A". A copy ofthe Housing Agreement is on file
with the Director of Community Development at the City.
2. Acceptance of Assil!nment. Assignee accepts this assignment and agrees to
assume and perfonn all duties and obligations that Assignor has under the Housing Agreement as
745166.0l/OC
88SS8-118/6-27-0S/=;/pol
204224.1
they affect the real property described in Exhibit "A", as if Assignee has been an original party to
the Housing Agreement.
3. City's Conditions of Approval. Assignee understands and acknowledges that all
of City's land use conditions of approval for the Project (including Tract Map conditions) remain
in effect until satisfied, and are not modified or superseded by this Agreement.
4.
Time of Essence. Time is ofthe essence in this Agreement.
5. Effect on Heirs and Successors. This Agreement and each of its provisions shall
be binding on and shall inure to benefit of the respective heirs, designees, legalese, executors,
administrators, trustees, successors and assigns ofthe parties to this Agreement.
6. No Third Party Beneficiaries. This Agreement has been made and entered into
solely for the benefit of the Parties to this Agreement and their respective successors and
pennitted assigns. Nothing in this Agreement is intended to confer any rights or remedies under
or by reason of this Agreement on any persons other than the parties to it and their respective
successors and pennitted assigns. Nothing in this Agreement is intended to relieve or discharge
the obligation or liability of any third persons to any parties to this Agreement.
7. Entire Al!reement. This Agreement and Exhibit "A" constitute the entire
agreement and understanding between the parties hereto with respect of the subject matter of this
Agreement and supersedes all prior or contemporaneous agreements and understandings with
respect to such subject matter, whether oral or written.
8. Governinl! Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
9. Severability. If any part of this Agreement is declared by a final decision of a
court of competent jurisdiction to be invalid for any reason, such shall not affect the validity of
the rest of the Agreement. The other parts of this Agreement shall remain in effect as if this
Agreement had been executed without the invalid part. The parties declare that they intend and
desire that the remaining parts of this Agreement continue to be effective without any part or
parts that have been declared invalid.
10. Counterparts. This Agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same instrument.
II. Authority of Sil!natories to Al!reement. Each person executing this Agreement
represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Agreement on behalf of the Parties for which execution is made. Each Party
represents and warrants to the other that the execution of this Agreement and the perfonnance of
such Party's obligations hereunder have been duly authorized and that the agreement is a valid
and legal agreement binding on such party and enforceable in accordance with its terms.
745166.01/OC
88888-118/6-27-05/=;/po1
204224.1
IN WITNESS WHEREOF, the parties have executed this Agreement on the date when
the last party signs.
ASSIGNOR:
MOFFETT MEADOWS PARTNERS, LLC, a
Delaware limited liability company
By:
Marble Mountain Partners, LLC, its sole
member
By:
Tustin Villas Partners, LLC, a
Delaware limited liability company,
its administrative member
By:
Lennar Homes of California,
Inc., a California corporation,
its managing member
Dated:-!IIAll [1-,. bOJ
By:
Dated: ~ 11-, "ZOO)
By:
APPR°'JD ~S!O F~RM:
BY:/~
Michael Joyce, Le
Dated:
t-:l-7-o{'
ASSIGNEE:
Dated:
WILLIAM LYON HOMES, INC., a
California co~~n
::, C:aro s. Robi",Dn
Senior Vice Presidt:lIl
APPROVED AS TO FORM:
Title:
BY:~~
By:
Name:
Michael D. Grubbs
Geniol Vi\;t:: Pres/cent
Dated:
Title:
745166.01lOC
88888-118/6-27-05I=j/pal
204224 ]
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
-
State of califoOrnia } ss,
County of ...~ '
On -Jwu... t1, ZØS. before me, ¿~< Á. Wi/eo/(
personally ::peared ~"~ð.
C IrJ~----=-lht\~~
~ersonallY known to me
.bile..- ,
.. lOIII A. Wl.COX
~tlll67927
Haay NIle - CaIIaIMI
0Ian e ~
.,~ .10.
D 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
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
PI,," Nota", 0." Abo,"
Capacity(ies) Claimed by Signe
Signer's Name:
0 individual
0 Corporate Officer - Tttle(s):
0 Partner - D Limited D General
D Attorney In Fact
D Trustee
D Guardian or Conservator
D Other:
Though the information betow is not required by law, it may prove vatuabte to persons retying on the document
and could prevent fraudutent removal and reattachment of this form to another document,
Number of Pages:
.
Top of Ihemb he,e
Signer's Name:
D Individual
D Corporate Officer - Title(s):
Partner - D Limited D General
D ney In Fact
D Truste
0 Guardian or
D Other:
.
Top of 1hemb he'e
Signer Is Representing:
Signer Is Representing:
"2004 Na1;0",' Nota",A""",;,'oo '9350 D' Solo,",. P.o. eo, 2402' Ch,loworth, CA 91313-2402
'I,m No. 5907
Reo"',. Call TolI-F"" 1.800-876-682
EXHIBIT "A"
Legal Description
Lot 7 of Finance and Conveyance Map Tract No. 16857, located in
the City of Tustin, County of Orange, State of California, recorded
on , 2005, in Book -' Page -' Official
Records, of Orange County, California.
745166.01/QC
88888-118/6-27-05/=j!p,1
204224.1
)
)
COUNTY OF ORANGE)
On ~ ~ 7/ 0 ~ , before me, the undersigned, a Notary
Public III and for said State, personally appeared RICHARD S. ROBINSOn
STATE OF CALIFORNIA
K personally known to me - OR - 0 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
acte ,executed the instrument.
J OFFICiAl SEAl '(
KATHY SAMPSON
- e. NOTARY. PUBLIC. CAUFORNIA 1!
11 COMMISSION # 1397488 ~
... "- ORANGE COUNTY
. . My Commiss'on Exp, FEBRUARY 9. 2007
)
)
COUNTY OF ORANGE )
onM ),1/ () \" ,before me, the undersigned, a Notary
Public in and for said State, personally appeared MICHAEL D. GRUBBS,
STATE OF CALIFORNIA
K personally known to me . OR
OFFICIAL SEAL 'f
KATHY SAMPSON
NOTARY PUBLIC. CALIFORNIA "
COMMISSION #1397488 =
."- ORANGE COUNTY
My Commiss,on Exp, FEBRUARY 9, 2007
- 0 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 hy his signature on
the instrument the person. or the
entity upon behalf of which the person
acte executed the ins ment.
CAPACITY CLAIMED BY SIGNER
0 Individual(s)
K Corporate
Officer(s) Senior Vice President
Title(s)
0 P"tner(s)
0 Attomey-m.Facl
0 Trustee(s)
0 Subscribing Witness
0 Guacdian/Conservator
0 Other:
SIGNER IS REPRESENTING,
Name ofperson(s) or entity(ies)
William Lvon Homes Inc.
CAPACITY CLAIMED BV SIGNER
0 Individua1(s)
K Corporate
Officer(s) Senior Vice Presiden1
Title(s)
0 Partner(s)
0 Attomey-in-Fact
0 Trustee(s)
0 Subscribing Witness
0 Gu"di,n/Conservator
0 Other:
SIGNER IS REPRESENTING,
Name ofperson(s) or entity(ies)
William Lvon Homes Inc.
CONSENT TO ASSIGNMENT
The City of Tustin hereby consents to the assignment to Assignee of the duties ofperfonnance
under the Housing Agreement between the City and Moffett Meadows Partners, LLC with
respect to the real property described in Exhibit "A".
By:
William A. Huston, City Manager
APPROVED AS TO FORM:
Lois E. Jeffrey, City Attorney
745166.01l0C
88888-118/6-27-05/=j!p"
204224.1