Certificate of Completion of Construction and Development 2004-0415152 • 7232 DOCH7 2004-0415152
MAY 07 , 2004 8 . 41 Aid
RECORDING REQUESTED BY ) ::-OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO: ) SAH DIED COUNTY RECORDER'S OFFICE
GREGORY J. S'NITH, CUIBY RECORDER
City of Poway ) FEES: 21.00
City Clerk's Office )
P.O. Box 789 )
Poway, CA 92074 ) I Ill 11(1�L�11101IIIIIIII1111llllB111111111lollitiIIIII!!11111111
1c6 ) \�IIG t''F �. . _: ti 200.1e115152 ..11 :.i.•i.L:.i.Il.''�t_
(Space above for Recorder's Use)
$2):1V CERTIFICATE OF COMPLETION
OF CONSTRUCTION AND DEVELOPMENT
THIS CERTIFICATE OF COMPLETIONAV CONSTRUCTION AND \,4%-*
DEVELOPMENT (the "Certificate") is made as of dt+neY11 , 2003, by the POWAY It
REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), in favor of
AZ POWAY, LLC, a California limited liability company(the "Participant").
RECITALS
A. ' The Agency and the Participant have entered into that certain Owner Participation
Agreement (the "OPA") dated March 12, 2002, concerning the redevelopment of certain real
property situated in the City of Poway, California as more fully described in Exhibit "A" attached
hereto and made a part hereof.
B. As referenced in Section 310 of the OPA, the Agency is required to furnish the
Participant or its successors with a Certificate of Completion upon completion of construction of the
Facility(as defined in Section 100 of the OPA), which Certificate is required to be in such form as to
permit it to be recorded in the Recorder's office of San Diego County. This Certificate is conclusive
determination of satisfactory completion of the construction and development of the Facility required
by the OPA.
C. The Agency has conclusively determined that such construction and development has .•
been satisfactorily completed.
NOW THEREFORE:
As provided in the OPA, the Agency does hereby certify that the construction of the
Facility has been satisfactorily performed and completed, and that such development and
construction work complies with the OPA.
2. This Certificate of Completion does not constitute evidence of compliance with or
satisfaction of any obligation of the Participant to any holder of a mortgage or any insurer of a •
mortgage security money loaned to finance the work of construction of improvements and
development of the Site, or any part thereof. This Certificate of Completion is not a notice of
completion as referred to in Section 3093 of the California Civil Code.
•
1
DOCSOCA.975775v1\22345.0085 Ma-1
0 r2
/14J -O(o.�'
. 723!
IN WITNESS WHEREOF, the Agency has executed this Certificate as of the date set forth
above.
POWAY REDEVELOPMENT AGENCY
By: , i \\ `I '
xecut ve Director, James L. Bowehsox
ATTEST:
Du_ a AvLSO.013-QV? •
Agency Secretary
Lori Anne Peoples
AP'ROVED AS TO FORM:
l1
a \ iii
Strad ing Yocc Carlson & Rauth
Agen y Special Counsel •
APPROVED BY PARTICIPANT:
AZ POWAY, LL / —
By:
/1/ ' / .
7
By: Phil p E. Mossy
owner
2
DOCSOC1975775v I\22345.0085
•
411
EXHIBIT A 7234
,
LEGAL DESCRIPTION
E,AlicEts 1 AND 2 oF.ishadEL,:i4AE :5-782 IN THE COUNTY OF SAN DIEGO, STATE (3F
CALIFORNIA, FILED TIV7Ti-lEi 'OFFICE -0/: THE COUNTY RECORDER OF SAN, DIEGO: COUNTY'
APRIL -7, 1977. •
pi*e,er.,
PARCEL 2 'OE 'PARCEL( 14.4P No-. '10811, ItITHE, CITY OF. POWAY,- COUNTY 0? SAN' DIEGO,
„STATE OF CALIFORNIA, ACCORDING'TO:',MAP THEREOF FILED IN THE OFFICE OF THE
COUNTY RECORDER i0? SAN I:STEW':dEINNtSn :NOVEMBER 2, 1972.
PARCEL CAW:: .322-I9E1-50
THE.SOUTI3ER.PY. 209 THE WESTERLY 110 FEET OF THAT PORTION OF THE.
WESTERLY .'260 FEET:OF THE 'SOUTHEAST QUARTER 'OE THE ;SOUTHEAST QUARTER. OF'
NORTHWEST. QUARTER4OF SECTION 1:8, TOWNSHIP '14 SOUTH, RANGE 1 WEST; SAN
BERNARDINO BASE AND :MERIDIAN,s IN:THE 'CITY. OF POWAY, COUNTY OF SAN DIEGO,
"STATE:OF CALIFORNIA; ACCORDING'. To:'THE, OFELO.A.L. PLAT THEREOF, LYING NORTHERLY
OF.THE CENTER ..C,INE 'or '01ECCOUNTY, ROAD AS DESCRIBED- IN THE DEED TO. THE COUNTY
OF rsRiki 'toted() RECORDED JUNE 21 1944 AS FILE:NO. 45592 IN BOOK 1686, PAGE' 43:5
6F ,OFFICI:AL 'RECORDS, AND ;SHOWN- ON‘MAP;OF ROAD SURVEY NO. -944 ON. FILE' IN THE:
'OFFICE OR ,THE COUNTY SURVEYOR 0F: SAID- COUNTY.
•
® 7A5
•
STATE OF CALIFORNIA ) .
) ss. .
COUNTY OF SAN DIEGO )
On mAi , pZLYW'1 , before me, Shea) D. VJok-e.PI I , Notary Public,
D (Print Name of Notary Public)
personally appeared S(ime s L. • ac oersoy
,
1$1 personally known to me
-Or-
-
— ; .
or-
: . _- . • . • • • . .. . : •. :_ : - : : .- .. to be the person whose namez')Ghre
subscribed to the within instrument and acknowledged to me that Jshe4they-xecuted the same in
Otter/their authorized capacity(ies), and that by gi$/herftheir signature(e) on the instrument the
person(a); or the entity upon behalf of which the persons) acted, executed the instrument.
DIEM D.W'ORREU. WITNESS m hand and official seal.
`r6,s, C.ammbgon x 1421698 y
".::
Wary Putec-California
• San Diopo CountyI I
�i \,111,0,/4 cgQ
� My Corr E7tp6e7,M SQ Signature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on theldocument and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual '
❑ Corporate Officer /J}j/
othiceith
Title(s) itlpS3r Typc OfgN-
❑ Partner(s) 0 Limited
0 General I
❑ Attorney-In-Fact /
Number Of Pages
El Trustee(s)
❑ Guardian/Conservator
❑ Other:
211,1
J
UUU lb 400 3
Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies) ^
Tl/ rn
Signer(s)OtherThan d Above
DOCSOC1975775v 1122345.0085
41)
•
7286
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On St rt.0t,.ac \c\� 2a,00-3 , before me, a \oma S.i l , Notary Public,
(Print Name of Notary Public)
personally appeared �h N,? �O SS4
•
personally known to me
-or-
proved
or-
proved to me on the basis of satisfactory evidence to be the person(. whose name Cite
subscribed to the within instrument and acknowle._-d to me th ? - - execute. the same in
disti• = •: authorized capacity(•ics), and that b-D' signature(s).on the instrument the
person(sjr or the entity upon behalf of which the person(s) acted, executed the instrument.
BWITNESS my hand and official seal.
1 PAMEA mU S.i)issfon 1OSTON 270.556 ��
i Notary Publt-California \sr� 7:SA!"
Stm 05390 Carty Signa rc of[vo
My Carrs.Blit s Jul 13
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s) Title Or Type Of Document
❑ Partner(s) 0 Limited
0 General
❑ Attorney-In-Fact
❑ Trustee(s) Number Of Pages
❑ Guardian/Conservator
❑ Other:
Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
DOCSOCt975775v1\22345.0085