Release of Construction Covenants 2004-0305753 •
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IP DOC 12004-0305753
APR 09 , 2004 3 : 09 PM
OFFICIAL RECORDS
RECORDED REQUEST"OF SAN DIETiO CONY RECORDER'S OFFICE
First American Title 1 GREGORY J. SMITH, MINTY RECORDER
1SUBDIVISION MAPPING DEPT. • �/ O FEES: 17.00
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: 11111111111111111M111111111111111111111
MC MILLIN COMPANIES 2004-0305753
2727 HOOVER AVENUE
NATIONAL CITY, CA. 91950
Si
\iC`�' Atm: JOY ROOKS
IV6294458'62 This document is exempt from the
payment of a recording fee pursuant
to Government Code Section 6103.
RELEASE OF CONSTRUCTION COVENANTS
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This RELEASE OF CONSTRUCITON COVENANTS(the"Release")is made by the
POWAY REDEVELOPMENT AGENCY,.a public body corporate and politic(the"Agency"), in •
favor of PARKWAY DEVELOPMENT III, a Delaware Limited Liability Company(the
"Participant"),as of the date set forth below.
RECITALS Racet&i
A The Agency and a Participant have entered into that certainj)waer Participation
Agreement(the"OPA")dated / 4if ER& , 1999 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 309 of the BPA, the Agency is required to furnish the
Participant or its successors with a Release of Construction Covenants upon completion of construction
of the Improvements(as defined in Section 101 of the OPA),which Release is required to be in such
form as to permit it to be recorded in the Recorder's Office of San DiegoCounty. This Release is
conclusive determination of satisfactory completion of the construction and development required by
the OPA and said construction covenants are hereby released.
C. The Agency has conclusively determined that such construction and development has
been satisfactorily completed.
NOW,THEREFORE,the Agency hereby certifies as follows:
(Page 1 of 2).
• • 19074
I. The Improvements to be constructed by the Participant have beat fully and
satisfactorily completed in conformance with the OPA. Any operating requirements and all use,
maintenance or nondiscrimination covenants contained in the OPA shall remain in effect and
enforceable according to their terms.
2. Nothing contained in this instrument shall modify in any other way any other provisions
of the OPA.
3. This Release shall not constitute evidence of compliance with or satisfaction of any
obligation of the Participant to any holder of any mortgage,or any insurer of a mortgage loaned to
• finance the Improvements, or any part thereof
4. This Release is not a notice of completion as referred to in California Civil Code
Section 3093. •
IN WITNESS WHEREOF, the Agency has executed this Release this Pith day of
Afrf l ,
POWAY REDEVELOPMENT AGENCY, a public
body, corporate and politic . .
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Dated CO . By. ,i iii..4 T\ �u
4• „Etonn°F .D/,Pcr»1e
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ATTEST:
`v// 1_
AGENCY SECRETARY - ' .IS+M1r
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(Page 2 of 2)
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® . 19075
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
Lots 1, 8 and 9 of City of Poway Tentative Map 98-05, as
approved by Poway City Council Resolution No. P99-16, dated
February 23, 1999.
• • 19076
STATE OF CALIFORNIA
) ss.
COUNTY OF &n Neva°
On Afri i 9, cXt'-I , before me, Shee.R1e b. hop,.Rel I , Notary Public,
(Print Name of Notary Putt)
personally appeared r11es L , aCvuersrDX
•
t) personally known to me
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-or-
0 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 that he/she/they
• executed the same in his/her/thelr authorized capacity(ies), and that by his/her/their
slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the Instrument.
De". woa216 WITNESS my hand and official seal.
_ ,, !�1 Commhtbn♦ 1421698
y tY Public.Californiar . / ton Diego County
JJ(L _ /� n
�YOnnlm.f3�teaAnJQ � jJ 491/1-112
OPTIONAL
Though the data below Is not required by law, ft 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
iRefa&°. o'( 0191)61(14C1-: Citelanf-S
Ti
Ms(a) a Or Type Of ooaarrw tle
❑ Partner(s) ❑ Limited
O General
❑
Attorney-In-Fact 3
❑ Trustee(s)
Number Of Payee
❑ Guardlan/Conservator
0 Other •
Apai I '7, aco4
Signer Is representing: Data Of Darer*
Nana Of Panora)Or EnteyQn)
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Signer(' a)Other Than Warned Above