Declaration of Conditions, Covenants and Restrictions 1996-0592229-6 9
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
POWAY REDEVELOPMENT AGENCY
13325 Civic Center Drive
Poway, California 92064
Attn: City Clerk ,_,7r7 11 a - c-1
This document is exempt from the payment of a
recording fee pursuant to Government Code
Section 6103.
DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
("Covenant") is entered into this II day of November , 1996 by and between the POWAY
REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency") on the one
hand and F.T. VON DER AHE COMPANY, a Sole Proprietorship (the "Participant") and
MURRIETA SPRINGS PLAZA, a California limited partnership (the "Developer") on the other
hand with reference to the following facts:
A. The Agency, the Developer and the Participant have entered into that certain
Amended and Restated Disposition, Development and Owner Participation Agreement dated
Nnvpmhpr 12, 1996 (the "Agreement") a copy of which is on file with the Agency and available
for public review at the address set forth above. Capitalized terms used herein and not otherwise
defined shall have the same meaning as set forth in the Agreement.
B. The Agreement provides for the Agency's disposition of the Agency Site which is
legally described in Exhibit "A" which is attached hereto and incorporated herein to the
Participant and the development and operation of a video rental store or such other commercial
use as may be approved by the Agency on the Agency Site by the Developer.
C. The Participant is the fee owner of the Poway Plaza Site which is legally
described in Exhibit "B." The Agreement further provides for the development and operation of a
restaurant or such other use as may be approved by the Agency on the Poway Plaza Site by the
Participant. The Agency Site and the Poway Plaza Site shall be referred to collectively herein as
the "Site."
D. The Site is within the Paguay Redevelopment Project in the City of Poway and is
subject to the provisions of the Redevelopment Plan for the Paguay Redevelopment Project which
was approved and adopted by the City Council of the City of Poway on December 13, 1983, by
Ordinance No. 117 and amended by Ordinance No. 415 adopted on June 15, 1993 and Ordinance
No. 439 on December 13, 1994.
F. The Agency has found that it is of benefit to the Agency and the citizens of the
City of Poway for the Site to be developed and utilized for the purposes set forth in the
PUBL:4522711424122345.0064
692 0
Agreement and as provided herein, that the imposition of certain covenants upon the Site for such
uses constitutes a valid public purpose, and therefore the Agency desires to obtain such covenants
on the Site and, subject to the terms hereof, the Developer and the Participant are willing to enter
into and be bound by such use and operating covenants.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto, and for other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Developer, on behalf of itself and its successors, assigns and each successor
in interest to the Agency Site or any part thereof, and the Participant on behalf of itself and its
successors, assigns and each successor in interest to the Poway Plaza Site, or any part thereof,
hereby covenant and agree as follows:
1. Use Covenants. Developer agrees that Developer will operate a video store or
such other commercial use as may be approved by the Agency on the Agency Site for a period of
ten (10) years from the date of the issuance of the Certificate of Completion - Agency Site
Improvements by the Agency as set forth in Section 313.1 of the Agreement and Participant
agrees to operate a restaurant or such other use approved by the Agency on the Poway Plaza Site
for a period of ten (10) years from the date of the issuance of the Certificate of Completion -
Poway Plaza Site Improvements as set forth in Section 313.2 of the Agreement.
2. Indemnification. To indemnify and save the Agency harmless from and against
any penalties, damages, or charges imposed for any violation of any and all laws, ordinances,
and regulations applicable to the use and occupancy of the Site, whether occasioned by neglect,
omission, or willful act of the Developer and/ or the Participant of any person upon the Site by
license or invitation of the Developer and/or the Participant or holding or occupying the same or
any part thereof under or by right of the Developer and/or the Participant.
3. Maintenance Covenant. Developer with respect to the Agency Site and
Participant with respect to the Poway Plaza Site shall maintain their respective portion of the Site
and all improvements thereon in compliance with the terms of the Redevelopment Plan and with
all applicable provisions of the City of Poway Municipal Code. Developer' and Participant's
obligations pursuant to this Section 3 shall remain in effect for the term of the Redevelopment
Plan, that is, until June 1, 2030.
4. Rights of Access Covenant. Provided that Agency has notified Developer with
respect to the Agency Site and Participant with respect to the Poway Plaza Site at least twenty-
four (24) hours in advance, representatives of Agency shall have the right of access to the Site,
without charges or fees, at normal construction hours during the period of construction for the
purposes of this Agreement, including but not limited to, the inspection of the work being
performed in constructing the Improvements, so long as Agency representatives comply with all
safety rules. Agency may not interfere with the construction work being performed or give any
direction or instructions to persons carrying out such work.
PUBL:45227_11424122345.0064 2
693
5. Nondiscrimination Covenant. Developer with respect to the Agency Site and
Participant with respect to the Poway Plaza Site covenant by and for themselves and any
successors in interest that there shall be no discrimination against or segregation of any person or
group of persons on account of race, color, creed, religion, sex, marital status, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site,
nor shall Developer with respect to the Agency Site and Participant with respect to the Poway
Plaza Site themselves or any person claiming under or through their establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The
foregoing covenants shall run with the land.
Developer with respect to the Agency Site and Participant with respect to the
Poway Plaza Site shall refrain from restricting the rental, sale or lease of the Site on the basis of
race, color, religion, sex, marital status, ancestry or national origin of any person. All such
deeds, leases or contracts with respect to the Agency Site shall contain or be subject to
substantially the following nondiscrimination or nonsegregation clauses:
a. In deeds: "The grantee herein covenants by and for himself or herself,
his or her heirs, executors, administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry
in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein
conveyed, nor shall the grantee or any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees in the land herein conveyed. The foregoing covenants shall run with the land."
b. In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or through
him or her, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person or group of
persons, on account of race, color, creed, religion, sex, marital status, national origin, or
ancestry in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of
the premises herein leased nor shall the lessee himself or herself, or any person claiming
under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use, or
occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein
leased."
C. In contracts: "There shall be no discrimination against or segregation of,
any person, or group of persons on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the premises, nor shall the transferee himself or herself or any person claiming
under or through him or her, establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the premises."
PvsL:45227_11424122345.0064 3
694
The non-discrimination covenant set forth in this Section 5 shall remain in effect for
perpetuity.
6. Assessed Valuation. Developer with respect to the Agency Site and Participant
with respect to the Poway Plaza Site nor any person or entity acting on behalf of Developer or
Participant shall take any action to lower the assessed valuation of the respective portion the Site,
including real property secured and unsecured for a period of ten (10) years, commencing upon
the Date of the Agreement.
7. Taxes and Assessments. Developer with respect to the Agency Site and
Participant with respect to the Poway Plaza Site shall pay prior to delinquency all ad valorem real
estate taxes and assessments their respective portion of the Site, subject to Developer's/
Participant's right to contest in good faith any such taxes. Developer with respect to the Agency
Site and Participant with respect to the Poway Plaza Site shall remove or have removed any levy
or attachment made on any of its respective portion of the Site or any part thereof, or assure the
satisfaction thereof within a reasonable time.
8. Covenants Run with the Land. The covenants and agreements established in this
Covenant shall, without regard to technical classification or designation, be binding on the
Developer and Participant, their successors and assigns and any successor in interest to the Site,
or any part thereof, for the benefit of and in favor of the Agency, its successors and assigns, and
the City.
9. Merger. As required by Section 301.1 of the Agreement, within the time set
forth in the Schedule of Performance the Developer shall take all steps necessary and submit all
the documentation required under the Subdivision Map Act, California Government Code
Sections 66410, et seq., the City's Subdivision Ordinance, and any and all other applicable laws
or regulations to merge the two parcels making up the Agency Site into one legal parcel.
10. Integration of Agency Site. Developer and Participant covenant and agree for
themselves, their successors and assigns and every successor in interest to the Site, or any part
thereof, that Developer and Participant shall include the Agency Site as a wholly integrated parts
of the overall development and operation of the Poway Plaza Site and the commercial center
thereon and to such end shall execute and record any and all necessary documents including
without limitation, reciprocal ingress and egress agreement(s) and parking easement(s).
11. Remedies. The Agency in an event of any breach of any of the covenants
contained herein shall have the right to exercise all the rights and remedies and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of the breach.
12. Severability. If any term, provision, condition or covenant of this Covenant or
its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Covenant, or the application of the term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is held
invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest
extent permitted by law.
PUBL:45227_11424122345.0064 4
695
13. Titles and Captions. Titles and captions are for convenience of reference only
and do not define, describe or limit the scope or the intent of this Covenant.
14. Modification. The Agency, its successors and assigns, and the Developer and
Participant and their successors and assigns in and to all or any part of the fee title to the Site
shall have the right with the mutual consent of the Agency to consent and agree to changes in, or
to eliminate in whole or in part, any of the covenants herein without the consent of any tenant,
lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any
other person or entity having any interest less than a fee in the Site. However, the Agency and
the Developer and the Participant are obligated to give written notice to and obtain the consent of
any first mortgagee prior to consent or agreement between the parties concerning such changes to
this Covenant.
The covenants contained in this Covenant, without regard to technical classification, shall
not benefit or be enforceable by any owner of any other real property within or outside the
Redevelopment Project, or any person or entity having any interest in any other such realty.
PUBL:45227_11424122345.0064 5
ME
0
IN WITNESS WHEREOF, the parties have executed this Covenant as of the date and
year first written above.
ATTEST:
Secretary
APPROVED AS TO FORM:
Agency Special Counsel
AGENCY:
POWAY REDEVELOPMENT AGENCY,
a public body
By:
�. Execut ve Director
& RAUTH
PARTICIPANT:
F.T. VON DER AHE, a Sole Proprietorship
n
Bv:
Its.: pwN&k_
DEVELOPER:
MURRIETA SPRINGS PLAZA, a California
limited partnership
By
Its.: �-, �-'v G R✓� �'
PUBL:45227_11424122345.0064 6
CALIFORNIA ALL-PURPOSPACKNOWLEDGMENT 6970
State of
County of
On h oyem bene, 1 3 )qq6 before me, F- i be4\ F Dean NyTQ2N 6-b4-(
Date Name and Title of Officer (e.g., "Jane Doe, l4otary Public")
personally appeared F. -r. \Inyn Dem Apts, FRQD ucy. Van Dec 40"
Namesof Signer(s)
❑ personally known to me - OR -proved to me on the basis of satisfactory evidence to be the personJfs')
whose nameA Is/efe-subscribed to the within instrument
and acknowledged to me that hefsheffim • executed the
same in hiss& authorized capacitypesg), and that by
his/'-eW4he:;-signatureM on the instrument the person(•s�,-
or the entity upon behalf of which the persorjK acted,
executed the instrument.
ELVABM F. MEAN
Commission #1093980 WITNESS my hand and official seal.
_
b Notary PubNc — Caffomk3
San Diego County
My Comm. Expires Apr 72000
Signature of Notary Pu lic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
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Description of Attached Document
Title or Type of Document: DUAaEZc'i-�•fls-. of COnb;4,bhS CAVQVIa-%+-5 CLK10 �AStR�GfiohS
Document Date: 11 -13 -4 Co Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: F fi• Non De(L ANre._
❑ Individual
❑ Corporate Officer
Title(s):
L�i- Partner — ❑ Limited 2"General
❑ Attorney -in -Fact
❑ Trustee _
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
Signer's Name:
t
i
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
0 1994 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Heoraer: c:au ion-rree i-auv-oio-ooet
i 698 0 ACKNOWLEDGMENT
State of California
SS.
County of (I -eq v
On II ov% '?(� before me, 1 b� d `r ��� (here insert name)
Notary Public, personally appeared-/-, 7
personally known to me (or 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 all that he/she/they executed the
some in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the per-
son(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WIT(`
Sign
TONI MITCHELL
Comm. #1004830
Yes o NOTA;'( PUBLIC - CALIFORNI O
SAN DIEGO COUNTY `/
a woa Comm. Ex (res ept. 12. 1997'
ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to
another document.
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document`! S
TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Dtoccument� �g
Signer(s) Other Than Named Above
CLT
Continental Lawyers Title Company
Subsidiaryof
lu)yersideInsurance Corporation
Tr -1100 (Rev. 4/94) 0
OFFICES IN:
LOS ANGELES
ORANGE
INLAND EMPIRE
SAN DIEGO
SANTA BARBARA
VENTURA
COUNTY
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COUNTY
800 E. Colorado Blvd.
1015 N. Main St.
Suite 200
4542 Ruffner St.
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Pasadena, CA 91101
Santa Ana; CA 92701
San Bernardino
San Diego, CA 921 11
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Tr -1100 (Rev. 4/94) 0
. •~ • EXHIBIT A
9
LEGAL DESCRIPTION OF AGENCY SITE
PARCEL 1:
THE EAST 150 FEET OF THE NORTH 267 FEET OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP
14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
PARCEL 2 :
A NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS FOR VEHICULAR AND
FOOT TRAFFIC FROM PROPERTY OWNED BY SECTRAS CORPORATION TO POWAY
PLAZA SHOPPING CENTER OVER AND ACROSS THE SOUTHERLY 25 FEET OF THE
NORTHERLY 225 FEET OF THE EASTERLY HALF OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDINGLY TO OFFICIAL PLAT THEREOF.
RESERVING FROM PARCELS 1 DESCRIBED ABOVE AN EASEMENT FOR STREET,
HIGHWAY AND PUBLIC UTILITY PURPOSES MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 13; THENCE ALONG THE
NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 13 NORTH 88042137" WEST 150.02 FEET TO THE WESTERLY LINE
OF SAID EAST 150 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13; THENCE ALONG SAID WESTERLY LINE SOUTH
2019132" WEST 50.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH
75021155" EAST 26.02 FEET TO A LINE PARALLEL WITH AND LYING 56.00
FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES FROM, THE NORTHERLY
LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
13; THENCE ALONG SAID PARALLEL LINE SOUTH 88042137" EAST 48.13 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 25.00 FEET; THENCE LEAVING SAID PARALLEL LINE,
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91002109"
AN ARC LENGTH OF 39.72 FEET TO A LINE PARALLEL WITH AND LYING 51.00
FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES FROM, THE, EASTERLY
LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
13; THENCE ALONG SAID PARALLEL LINE SOUTH 2019132" WEST 185.58 FEET
TO THE SOUTHERLY LINE OF SAID NORTHERLY 267 FEET OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID
SOUTHERLY LINE SOUTH 88042137" EAST 51.01 FEET TO THE EASTERLY LINE
OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13
THENCE ALONG SAID EASTERLY LINE NORTH 2019132" EAST 267.04' TO THE
POINT OF BEGINNING.
EXHIBIT "A"
TO ATTACHMENT NO. 9
700
EXHIBIT "B"
LEGAL DESCRIPTION OF POWAY PLAZA SITE
The land referred to herein is situated in the State of California, County of San Diego and is
described as follows:
PARCEL 1:
THE WESTERLY 375.00 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, EXCEPTING
THEREFROM THE SOUTHERLY 683.94 FEET THEREOF.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER THE NORTHERLY
30.00 FEET OF THE SOUTHERLY 683.94 FEET OF THE EASTERLY 400.00 FEET OF
THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF.
PARCEL 3:
THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THE SOUTHERLY 683.94 FEET THEREOF.
ALSO EXCEPTING THE WEST 375 FEET THEREOF.
ALSO EXCEPTING THE NORTH 267 FEET OF THE EAST 150 FEET THEREOF.
ALSO EXCEPTING THE NORTH 200 FEET OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 13.
PARCEL 4:
THE RIGHT TO DRAIN, FLOW AND CHANNEL NATURAL SURFACE WATER FROM
THE EAST 150.17 FEET OF THE WEST 525.17 FEET OF THE NORTH 225 FEET OF THE
EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 13 OVER, UNDER AND UPON THE WESTERLY 375 FEET OF THE EAST
HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, EXCEPTING THEREFROM THE SOUTHERLY
683.94 FEET THEREOF.
EXHIBIT "B"
TO ATTACHMENT NO. 9
PUBL:45227_11424122345.0064