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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 ("Agreement"), <br /> respecting the sale of the Property. <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 />