1999-0216921 - Owner Participation Agreement LEASE COMPLETE THIS INFORMATI�® 'DOC 1999-0216921
RECORDING REQUESTED BY:• t
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APR 01 . 1999 8 : 37 AM
OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO: SAN DIEGO COUNTY REDDER'S OFFICE
133 z s G��c Ce .7 ,ve 3931. GREGORY J. SMITH, COUNTY RECORDER
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording Ice applies)
Rcc.Form#R25(7/3/97)
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MEMORANDUM OF OWNER PARTICIPATION AGREEMENT
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
POWAY REDEVELOPMENT AGENCY
13325 Civic Center Drive
Poway, California 92064
Attention: Executive Director
For 44-bc b¢ntRI- oL-f-4 L A9enr,4 This document is exempt from the
payment of a recording fee pursuant
to Government Code Section 6103.
This MEMORANDUM OF OWNER PARTICIPATION AGREEMENT
("Memorandum"), dated for identification purposes as of Ma r r h 2A , 1999, is
entered into by and between the POWAY REDEVELOPMENT AGENCY, a public body,
corporate and politic ("Agency"), and PARKWAY DEVELOPMENT III, a Delaware Limited
Liability Company("Participant").
1. Owner Participation Agreement. Agency and Participant have executed an Owner
Participation Agreement dated for identification purposes as of Ma r r h 2a , 1999, which provides
• for the development, operation and maintenance of that certain real property located in the City of
Poway, County of San Diego, State of California, more fully described in Exhibit "A" attached hereto
and incorporated herein by this reference. The Owner Participation Agreement is available for public
inspection and copying at the office of the City Clerk, Poway City Hall, 13325 Civic Center Drive,
Poway, California 92064. All of the terms, conditions, provisions and covenants of the Owner
Participation Agreement are incorporated in this Memorandum by reference as though written out at
length herein, and the Owner Participation Agreement and this Memorandum shall be deemed to
constitute a single instrument or document.
2. Purpose of Memorandum. This Memorandum is prepared for recordation purposes
only, and in no way modifies the terms, conditions, provisions and covenants of the Owner
Participation Agreement. In the event of any inconsistency between the terms, conditions, provisions
and covenants of this Memorandum and the Owner Participation Agreement, the terms, conditions,
provisions and covenants of the Owner Participation Agreement shall prevail.
643866.022345.0070
03/09/99 (Page 1 of 3)
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The parties have executed this Memorandum on the dates specified immediately adjacent to
their respective signatures.
AGENCY:
POWAY REDEVELOPMENT AGENCY, a public
body, corporate and politic
Dated: .))Z( 1999 By: r /\MQ/) .UQ
Its: !I OE D I2EC;77)/2
ATTEST:
Agency Secretary
APPROVED AS TO FORM: •
a .
S radling, Yocca, Carlson': . : 8 i
Agency Special Counsel
PARTICIPANT:
PARKWAY DEVELOPMENT III, LLC, a
Delaware Limited Liability Company
Dated: NCH ZS 1999 By: McMILLIN COMPANIES, LLC,
a Delaware Limited Liability Company,
Its Managing Member
si
By: et
Name: i9 rll4e. • -ne
• Its: Ala 'L N.
643866.IU.2345.0070
03/09/99 (Page 2 of 3)
® 3934 S
ei
Dated: I d 1999 By:
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Nam G/Lt7C 5`2"//f Pa"
Its: S .U la
Dated: AM per{ , , 1999 By: LHLLWOOD WEST, L.P.,
a Texas Limited Partnership
By: Hiliwood Operating L.P.,
a Texas Limited Partnership
Its General Partner
By: Hillwood Development
Corporation, a Texas
Corporation
Its General Partner
By: O�
Name: 4 .l�•�'�dm +',.
Its: l/P
(Page 3 of 3)
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STATE OF CALIFORNIA )
) ss.
COUNTY OF San Diego )
On March 25, 1999 , before me, Sherrie D. Worrel 1 ,Notary Public,
(Print Name of Notary Public)
personally appeared Elton Rex Brown III , Michael Kevin Binkle, Lawrence Mason Cummings
❑ p.rst,nall) kitotrtrtu me
-or-
® proved to me on the basis of satisfactory evidence to be the person®whose narn is/subscribed
to the within instrument and acknowledged to me that he/she 1 j executed the same in-his/glee
authorized capacity, and that by hisIhcr/ 1e signatures on the instrument the person(, or the
entity upon behalf of which the person() acted, executed the instrument.
SHERRIE D WO— f WITNESS my hand and official seal.
COMM.i 1652173
z •tri, No,PubOe—outfl nW �� I
SAN DIEGO COUNTY L
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My Comm.tx esee JUN30-1999_[
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Signature OI'Notary
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
Number Of Pages
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing: Date Of Document
Name Of Person(s)Or Entity(ies)
. Signer(s)Other Than Named Above
643866.t\22345.0070
03/09)99
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EXHIBIT "A"
LEGAL DESCRIPTION
This site consists of Lots 1, 8 and 9 of City of Poway Tentative Map 98-05, as approved
by Poway City Council Resolution No. P 99-16, dated February 23, 1999.
EXHIBIT "A"