2006 Centex Homes - Amendment to Assignment & Assumption Agrmt - Legacy VillasRECORDING REQUESTED BY: of Document Recorded
WHEN RECORDED MAIL, TO: o as No.
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Centex Destination Properties it�EC017NCYREC4
41-865Boardwalk, Suite 10I
Palm Desert, CA 92211
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AMEND TO
ASSIGNMENT AND ASS ON AGREEMENT
THIS AMENDMENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT
(this "Amendment") is made and entered into as of _MaLa, t l ? 2406, by and between
CENTEX HOMES, a Nevada general partnership, dba CENTEX DESTINATION
PROPERTIES (the "Assignor") and LEGACY VILLAS AT LA QUINTA HOMEOWNERS'
ASSOCIATION, a California nonprofit mutual benefit corporation (the "Assignee"), with
reference to the following Recitals:
Recitals
A. Assignor is the master developer of 44.61 acres of real property located in the
City of La Quinta, County of Riverside, State of California (the "Site"), which is legally
described in Exhibit "A" attached here.
B. Assignor and Assignee entered into that certain Assignment and Assumption
Agreement dated November 9, 2005, which was recorded on November 14, 2005, as Instrument
No. 2005-0943064, in the Official Records of Riverside County, California (the "Assignment
Agreement").
C. The Assignment Agreement inadvertently included the assignment from Assignor
to Assignee of all of Assignor's right, title, interest and obligations under Section 3.3.7 of the
Development Agreement dated as of November 20, 2003, and recorded in the Official Records
of Riverside County, California, on January 1, 2004, as Instrument No. 2004-OW%85 (the
"Development Agreement").
D. Assignee and Assignor by this Amendment desire to amend the Assignment
Agreement in order to rescind and delete the prior unintended assignment of Assignor's tight,
tide, interest and obligations with respect to Section 3.3.7 of the Development Agreement.
NOW, THEREFORE, for good and valuable consideration; the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
Agreement
I. Paragraph I of the Assignment Agreement is hereby amended to delete any
reference to Section 3.3.7 of the Development Agreement, it being the understanding and
agreement of the Assignor and Assignee that reference to such Section in Paragraph I of the
Assignment Agreement was an inadvertent clerical error, and that it was never the intention or
agreement of the patties to assign and transfer the rights and obligations of Section 3.3.7 of the
Development Agreement to Assignee pursuant to the Assignment Agreement. It is the
understanding and agreement of Assignor and Assignee that the rights and obligations of Section
3.3.7 of the Development Agreement shall remain with Assignor as if such assignment never
occurred.
2. Acknowledggment of Right to Future Assignment. Assignor and Assignee hereby
acknowledge and agree that although the assignment and assumption of Assignor's right, title,
interim and obligations with respect to Section 3.3.7 of the Development Agreement has been
rescinded and cancelled by this Amendment,. Assignor retains the right in the future to assign its
right, title, interest and obligations under Section 3.3.7 of the Development Agreement to
Assignee by executing a new assignment and assumption agreement with respect to only Section
3.3.7 between Assignor and Assignee as contemplated by Section 3.3.8 of the Development
Agreement.
3. Successors and Assigns, This Amendment shall be binding uponand shall inure
to the benefit of the successors and assigns of the respective parties hereto.
4. CroverniI Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of California,
5. Counterparts. This Amendment maybe executed in any number of counterparts,
each: of which when so executed and delivered shall be deemed to be an original and all of which
counterparts taken together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, this Amendment has been executed by the parties as of the
date set forth above.
DEVELOPER:
CENTEX HOMES,
a Nevada general partnership
dba Centex Destination Properties
By: Centex Real
a Nevadaec
Division President
ASSOCIATION:
LEGACY VILLAS AT LA QUiNTA
HOMEOWNERS ASSOCIATION
a California non-profit mutual
benefit corpondiori
By
Michael F. DaleyPresident
P.{F.ur.�/...''
STATE OF (.rrL IlRA,&0 )
as
COUNTY OF btlivept, ) .
- On &1'6k / I 2006, before me, a Notary Public in and for said State, pertly
appeared Paul Stashick, personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose namc(s) is/are subscribed.tottte within instrument and acknowledged to me that
hetshehttey executed the same in hislherlthelr audtarized capacity(ics), and that by histheritheir
signature(s) on the instrument, the person (s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Ltii
_, BEECHER
Note Public Y PUBLIC
COLORADO
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STATE OF CALIFORNIA )
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On bAjLq- 13 2006, before me, a Notary Public in and for said State, personally
appeared Mchael F. Daley, (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(( . subscribed to the within instrument and acknowledged
tome that�heAhey executed the same ' their authorized capacity(ies), and that li)(ti rethheir
signaturc(s) on the instrument, the person(§), or the entity upon behalf of which the person(s) acted,
executed the instrument.
W7TN'ESS my hand and official seal,
SM
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Notary Public-yP—Lr-C rd." �
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(EPTEmWR s, 2006
STATE OF CALIFORNIA
ri
COUNTY OF RIVERSIDE
On 14A&A X2, 2006, before me, a Notary Public in and for said State, personality
appeared Jayne E. Carib. r proved to me on the basis of
evidence) to be a persons) whose names i subscribed to the within instrument and acknowledged
to me that h. cy executed the same in hi it authorized capacity(ies), and that by hi
signatures) on tho instrument, the person(s), as the entity upon behalf of which the persono sued
executed the instrument.
WITNESS my harm and official seal.
� y Public
OFFlW SKAt
Notary Public Hw 13692 3
COMMCxutstsssresa 0
8S "tor cotr
Exhibit - "A
Description)
That certain real Property located is the City of La Quinta, County of Riverside, Sense of
California, described as follows:
Parcel 1 of Lot Lim Adjustment No. 2001361, recorded on October 23, 2001, as
Document No. 2001-515074.
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