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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