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EXHIBIT D <br />RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO: <br />ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT <br />THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT <br />( "Assignment') is made this _ day of ( "Assignment Date ") by and between Irby <br />Ranch, LLC, a California limited liability corporation ( "Assignor "), and <br />( "Assignee "). <br />RECITALS <br />A. Irby Ranch, LLC is currently the owner of certain real property located in the <br />City of Pleasanton, County of Alameda, State of California, as described in Exhibit A <br />attached hereto (the "Property"). <br />B. Pursuant to California Government Code Section 65864, et seq. Assignor and <br />the City entered into that certain Development Agreement dated and <br />recorded as Instrument No. in the- Official Records of <br />Alameda County ( "Official Records ") (the "Development Agreement "). <br />C. Assignor and Assignee entered into that certain Agreement of Purchase and Sale <br />and Joint Escrow Instructions, dated as of <br />respecting the sale of the Property. <br />( "Agreement "), <br />D. Under the Agreement, Assignor is obligated to assign to. Assignee all of Assignor's <br />right,. title and interest in and to the Development Agreement pursuant to this <br />Assignment. <br />NOW, THEREFORE, in reliance on the foregoing and in consideration of the mutual <br />covenants, agreements and conditions contained herein, and other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, <br />1 of 3 <br />