Perry Ford of Poway, LLCLEASE AGREEMENT
This LEASE AGREEMENT ("Lease") is entered into as of February 15, 2019 (the "Effective
Date"), by and between the POWAY HOUSING AUTHORITY, a public body, corporate and politic
(the "Landlord"), and PERRY FORD OF POWAY, LLC, a California limited liability company
("Tenant"). The Landlord and the Tenant are at time referred to herein as the "Parties".
RECITALS
WHEREAS, by this lease, the Landlord desires to lease the property located at 12674 Monte
Vista Road, Poway, California, consisting of Assessor's Parcel Number ("APN") 275-460-610,
("Leased Premises"), to the Tenant, and the Tenant desires to lease the Leased Premises from the
Landlord, upon the terms and conditions set forth herein. The legal description of the Landlord
Property is attached hereto as Exhibit A.
WHEREAS, the parties understand and agree that this Lease is what is commonly known as a
"triple net" or "net -net -net" lease, except as otherwise provided herein, and Tenant acknowledges
and agrees that the Landlord shall not be obligated by the terms of this Lease or otherwise to perform
any maintenance or construct or repair any improvements at the Leased Premises. Additionally,
Tenant acknowledges and agrees that (i)the Landlord has made no representation or warranty
regarding the fitness of the Leased Premises for Tenant's intended use thereof, and (ii) Tenant is
familiar with the condition of the Leased Premises and the appropriateness of the Leased Premises
for Tenant's operation of the Business thereon.
NOW, THEREFORE, the Landlord and Tenant hereby agree as follows:
I. Lease Term. The Landlord hereby leases to Tenant the Leased Premises, and Tenant
hereby leases the same from the Landlord, for a one-year term commencing on February 15, 2019
("Commencement Date"). This lease can be terminated by either party with 30 -days' prior written
notice. Beginning February 16, 2020, the Lease may continue on a month-to-month basis upon
agreement of both parties.
2. Relocation Assistance. Tenant hereby acknowledges and agrees that Tenant shall not
incur any right, interest, or claim in or to any benefits or assistance arising under Government Code
Section 7260, et seq. or any other federal, state or local law, rule, or regulation relating to or arising
from Tenant's relocation from the Leased Premises or the termination of this Lease. To the extent
Tenant is eligible for such benefits Tenant hereby voluntarily and expressly waives each and every
right, title or interest in and to such benefits.
3. Rent.
(a) Net Lease. It is the intent of the parties that the rent provided herein shall be
absolutely net to the Landlord and that Tenant shall pay all costs, taxes, assessments, charges, and
expenses of every kind and nature imposed on or against the Leased Premises which may arise or
become due during the Lease Term, and which, except for execution hereof, would or could have
been payable by the Landlord. Tenant recognizes and acknowledges that this Lease may create a
"possessory interest" in the Leased Premises as defined in California Revenue and Taxation Code
section 107, and that Tenant's property interest may be subject to property taxation levied on the
Tenant's property interest. Tenant further acknowledges, and agrees, that this subdivision (a) meets
the requirements set forth in Revenue and Taxation Code section 107.6(a).
(b) Rent and Deposit. Tenant shall pay to the Landlord during the Lease Term
the amount of Two -Thousand, Four -Hundred and Seventy -Six Dollars ($2,476.12) per month
("Rent"). Tenant shall pay rent in advance, on the 26°i day of each calendar month "Rent Due
Date"), without offset, deduction, prior notice or demand, beginning on the Commencement Date.
Notwithstanding the foregoing, Tenant previously leased other property owned by Landlord (located
at 12341 Oak Knoll Road) for the same purposes Tenant desires to lease the Premises, and
accordingly, previously deposited $2,200 with Landlord as the security deposit for that other
property. By executing this Lease, the parties hereby agree that Landlord shall retain the $2,200
previously deposited by Tenant and shall credit it against the $2,476 deposit required by this Lease,
making the reaming amount payable $276. Tenant expressly waives all rights to the refund of the
previous deposit pursuant to Civil Code section 1950.7 or any other applicable provision of law.
Tenant's deposit shall be refunded to Tenant within thirty (30) days of the date that Tenant vacates
the Leased Premises, minus any appropriate deductions. Tenant shall not use the security deposit in
lieu of payment of the last month's rent.
If this Lease is extended beyond the initial term, the Rent shall be increased annually,
beginning on February 16, 2020, by three percent (3%) of the Rent for the previous tern.
Accordingly, the monthly Rent for each month beginning on March 1, 2020, and for the following 12
months, would be $2,550.40.
(c) Additional Charge for NSF Checks. Tenant shall pay to the Landlord the sum
of $50 as a late payment charge for any check returned for non -sufficient funds.
(d) Failure to Pay Base Monthly Rent. If Tenant fails to pay Rent due hereunder
at the time it is due and payable, such unpaid amounts shall bear interest at the rate of ten percent
(10%) per year from the Rent Due Date to the date of payment, computed on a monthly
compounding basis with actual days elapsed compared to 360 -day year. Should Tenant fail to pay all
outstanding Rent and interest within thirty (30) days of Rent Due Date, the Landlord may
immediately terminate the Lease and issue Tenant notice to vacate the Leased Premises within five
(5) days of receipt of said Notice.
(e) Delivery of Rent Payments. All rent due under this Lease shall be made
payable to the Landlord, and shall be considered paid when delivered to:
City of Poway
Attn: Customer Services
P.O. Box 789
Poway, CA 92074
The Landlord, at any time, by written notice to Tenant, may designate a different address to which
Tenant shall deliver rent payments. The Landlord may. but is not obligated to, send monthly rent
invoices to Tenant.
4. Use of Leased Premises.
(a) Use. Tenant shall use the Leased Premises solely for the purpose of storing
vehicles, and security therefor, and for no other purposes without the prior approval of Landlord,
which may be given or withheld in Landlord's sole discretion. Storage of vehicles is approved by the
City under this lease.
(b) Tenant Improvements. Tenant shall, at its sole cost and expense, clear the
site of all landscaping, repair the fence currently located on the Premises to the reasonable
satisfaction of Landlord, and add a gate at the north side of the Premises. Tenant shall allow the
installation of Landlord -owned and controlled lock on the gate in addition to Tenant's lock.
(c) Compliance with Law. All uses of the Leased Premises and Landlord Parking
Lot hereunder shall be made in accordance with all ordinances, resolutions, statutes, rules,
regulations and laws of the City of Poway, and any federal, state or local governmental agency of
competent jurisdiction.
(d) Title to Improvements; Personal Property of Tenant; Removal of Property
Upon Termination of Lease. Title in and to all fixtures and improvements to the Leased Premises
(`Improvements"), excepting any trade fixtures, equipment or other property installed by Tenant,
shall be vested in the Landlord. Upon the expiration of the Term or any earlier termination of this
Lease, Tenant shall surrender to the Landlord possession of the Leased Premises and the
Improvements then located thereon. Upon termination of the Lease, Tenant shall remove all of
Tenant's personal property, trade fixtures, equipment, and any rubbish or debris on the premises.
Sixty days following the expiration of the Tenn, or following any earlier termination thereof, the
Landlord may remove from the Leased Premises all personal property, fixtures and equipment
remaining on the Leased Premises that belongs to Tenant or any person or entity claiming by,
through, or under Tenant, including, without limitation, all trade fixtures; provided, however, that
upon the request of the Landlord, Tenant shall repair damage to the Leased Premises caused by such
removal. Should Tenant fail to make such repairs following reasonable notice, the Landlord may
perform same and the cost thereof shall be immediately due from Tenant to the Landlord with
interest thereon at the maximum rate permitted by law.
(e) Hazardous Materials. Tenant shall not use, handle, store or dispose of any
hazardous, toxic, or radioactive matter at the Leased Premises or Landlord Parking Lot, including,
without limitation, those materials identified in Chapter 11, Division 4.5 of Title 22 of the California
Code of Regulations ("Title 22"), as amended from time to time (collectively, "Hazardous
Materials"). Notwithstanding the foregoing, Landlord acknowledges and agrees that the two (2)
temporary generators that Tenant is permitted to use and store on the Leased Premises are diesel
generators and the use and storage of such generators is not a violation of this Hazardous Materials
provision.
Tenant shall be solely responsible for, shall pay for, defend (with an attorney
approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed),
indemnify and hold the Landlord, its officials, officers, employees and agents, harmless against and
from all claims, judgments, liabilities, losses, liens, costs and expenses, arising out of or involving
any Hazardous Materials brought onto the Leased Premises by or for Tenant or by any of Tenant's
employees, agents, contractors, visitors or invitees during the term of this Lease. Tenant's
obligations hereunder shall include, but not be limited to, the investigation, removal, clean-up and/or
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restoration work as required by applicable law or ordered by any regulatory agency, including but not
limited to the San Diego Regional Water Quality Control Board, the California Department of Toxic
Substances Control, or the United States Environmental Protection Agency.
5. Sublease and Assignment, Tenant shall not sublease all or any part of the Leased
Premises, or assign this Lease in whole or in part without the Landlord's consent.
6. Alterations and Improvements.
(a) Maintenance and Repairs. During and upon termination of the Lease Tenn,
Tenant shall make all necessary repairs and maintenance to the Leased Premises, in so that the
Leased Premises is returned to the Landlord in the manner of which it was leased, at Tenant's own
expense. Tenant shall also make any and all repairs relating to the Tenant's specific use of the
Leased Premises at Tenant's expense. Tenant shall maintain all portions of the Leased Premises that
are visible to the public in good condition, including the fencing, ground maintenance, and
landscaping. Tenant shall exercise due diligence to ensure any airborne dirt/gravel/dust is mitigated
for surrounding private properties. Graffiti on the Leased Premises shall be removed by Tenant
within seventy-two (72) hours. In no event shall this Lease be interpreted to require the Landlord to
expend funds for the purpose of conducting repairs or maintenance of the Leased Premises. Tenant
acknowledges and agrees that Tenant is familiar with the condition of the Leased Premises and is
aware of the adequacy and fitness of the Leased Premises for Tenant's intended use thereof for the
operation of the Business. THE LANDLORD EXPRESSLY DISCLAIMS ANY WARRANTY OF
HABITABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY
COVENANT OF QUIET ENJOYMENT WITH RESPECT TO THE LEASED PREMISES
AND/OR TENANT'S USE THEREOF PURSUANT TO THIS LEASE.
(b) Alterations and Improvements. Tenant, at Tenant's expense, shall have the
right, following the City's reasonable consent, to make improvements to all or any part of the Leased
Premises from time to time as Tenant may deem desirable, provided the same are made in a
workmanlike manner, utilizing good quality materials, and in compliance with all applicable federal.
state, and local statutes, rules, and regulations. Tenant shall have the right to place and install
personal property, trade fixtures, equipment and other temporary installations in and upon the Leased
Premises, and fasten the same to the Leased Premises. All personal property, equipment, machinery,
trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the
Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's
property free and clear of any claim by the Landlord. Tenant shall have the right to remove the same
at any time during the tern of this Lease; provided that Tenant shall be responsible for the repair of
any damage caused by such removal.
7. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by it
or caused to be done by it on the Leased Premises of a character which will or may result in liens on
the Landlord's reversionary estate therein, and Tenant shall keep the Leased Premises free and clear
of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under
it. If any such lien shall at any time be filed against the Leased Premises, Tenant shall either cause
the same to be discharged within thirty (30) days after the recording thereof, or if Tenant, in Tenant's
discretion and in good faith, determines that such lien should be contested, shall furnish such security
as may be reasonably required by the Landlord. If Tenant shall fail to furnish such security, then, in
addition to any other right or remedy of the Landlord resulting from Tenant's said default, the
Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed
to be due or by procuring the discharge of such lien by giving security or in such other manner as is..
or may be, prescribed by law. Tenant shall repay to the Landlord, as "Additional Rent," on demand,
all sums disbursed or deposited by the Landlord pursuant to the provisions of this Paragraph 7,
including all costs, expenses and attorneys' fees incurred by the Landlord in connection therewith.
Nothing contained herein shall imply any consent or agreement on the part of the Landlord to assume
any liability under any mechanics' lien or other lien law.
Should any claims of lien be filed against the Leased Premises or any action affecting
the title to the Leased Premises be commenced, the party receiving notice of such lien or action shall
forthwith use its commercially reasonable efforts to give the other party written notice thereof within
five (5) days after receipt. The Landlord or its representative(s) shall have the right to post and keep
posted upon the Leased Premises notices of non -responsibility or such other notices that the Landlord
may deem to be proper for the protection of the Landlord's interest in the Leased Premises. Tenant
shall, before the commencement of any work that might result in any such lien, give to the Landlord
written notice of its intention to do so in sufficient time to enable the posting of such notices.
8. Insurance.
(a) Property Insurance Coverage. Tenant shall, at its own cost and expense,
maintain in full force and effect property insurance, including fire and extended coverage insurance,
covering Tenant's personal property, including removable trade fixtures, located in the Leased
Premises, in such amounts as the Landlord shall deem appropriate.
(b) General Liability Insurance. Tenant shall, at its own cost and expense,
maintain a policy or policies of comprehensive general liability insurance with respect to the Leased
Premises with the premiums thereon fully paid on or before the due date, which insurance shall
afford minimum protection in the aggregate of not less than Two Million Dollars ($2,000,000)
combined single limit coverage of bodily injury, property damage or combination thereof.
(c) Workers' Compensation Insurance, Tenant shall provide workers'
compensation insurance as required by law.
(d) Additional Insurance Requirements. All liability insurance shall include, but
not be limited to, personal injury, cross liability, and severability of interest clauses,
products/completed operations, broad form property damage, independent contractors, and owned,
non -owned and hired vehicles. All insurance policies shall name the Landlord as an additional
insured, shall provide for notice to the Landlord no later than thirty (30) days prior to any
cancellation or modification of such policies, and shall be provided by Class A -VII rated insurance
carriers reasonably acceptable to the Landlord. Tenant shall provide the Landlord with current
Certificates of Insurance evidencing Tenant's compliance with this Paragraph no later than the
Commencement Date and upon any subsequent request by the Landlord.
9. Indemnification. Tenant shall defend, indemnify and hold the Landlord, its elected
and appointed officers, employees and agents, harmless from all liability whatsoever on account of
any damage, injury or liability of any kind or for any injury to or death of persons or damage to
property of Tenant or any other person occurring during the term of this Lease arising from any of
the following (i) the use, occupancy or enjoyment of the Leased Premises or the Landlord Parking
Lot, or Tenant's operations thereon, by Tenant or Tenant's customers, employees, contractors,
subcontractors, invitees, permittees, and assignees, or (ii) Tenant's negligence or intentional
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misconduct, including any breach of this Lease beyond any applicable notice and cure period, or (iii)
liens, claims and demands related to Tenant's use of the Leased Premises or Landlord Parking Lot.
Except to the extent arising due to Landlord's negligence or intentional misconduct. Tenant shall in
all cases accept any tender of the defense of any action or proceeding arising out of the foregoing in
which Landlord is named or made party and shall defend the Landlord as provided herein with
counsel reasonably selected by Tenant. Tenant shall not be liable for such damage or injury to the
extent and in the proportion that the same is ultimately determined to be attributable to the
negligence or inisconduct of the Landlord or its officers, employees, agents or representatives, or the
Landlord's failure to perform its obligations pursuant to this Lease. Tenant's obligation to indemnify
shall include reasonable attorneys' fees and investigation costs and all other reasonable costs,
expenses and liabilities incurred by Landlord. This indemnity provision shall apply to all claims that
accrued, or injuries that occurred, prior to Tenant vacating the Leased Premises and Landlord
Parking Lot, regardless of when such claims or injuries were discovered.
10. Assumption of Risk. Except for injuries to persons caused by the willful misconduct
of Landlord, and not covered by insurance maintained, or required by this Lease to be maintained, by
Tenant: (a) Tenant hereby assumes the risk of any and all injury and damage to the personnel
(including death) and property of Tenant, including its employees, contractors and subcontractors, in
or about the Landlord Property; and (b) the Parties hereby agree that the Landlord is not to be liable
for any injury or damage which may be sustained by the person, goods or property of Tenant or its
employees, contractors, subcontractors in or about the Property, whether said damage or injury
results from conditions arising within the Landlord Property or from other sources.
11. Utilities. To the extent applicable, Tenant shall pay any and all charges for water,
sewer, gas, electricity, telephone, and/or any other services and utilities used by Tenant on the Leased
Premises during the term of this Lease unless otherwise expressly agreed in writing by the Landlord.
Tenant shall indemnify and hold the Landlord harmless from and against any liability or damages
resulting from, arising out of, or connected with, the provision of, or failure to provide or pay any
charges assessed against the Leased Premises for such utility services; provided, however that Tenant
shall not indemnify the Landlord for damages resulting from the loss of any utility service which
results from the Landlord's conduct or the conduct of any contractors, engineers or third parties
acting on behalf of the Landlord that are in the Landlord's control.
12. Inspection. The City shall have the right to enter upon the Leased Premises at all
reasonable hours to inspect the same upon twenty-four (24) hours' notice to the Tenant, provided the
City shall not thereby unreasonably interfere with Tenant's business on the Leased Premises.
13. Damage and Destruction. If the Leased Premises or any part thereof or any
appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be
used for Tenant's purposes, or if the Leased Premises cannot be used for Tenant's purposes for any
other reason, then Tenant shall have the right within ninety (90) days following such damage to elect
to terminate this Lease as of the date of such damage by providing written notice to the City. In the
event of minor damage to any part of the Leased Premises, and if such damage does not render the
Leased Premises unusable for Tenant's purposes and subject to Paragraph 6(a) above. Tenant shall
promptly repair such damage at Tenant's sole cost and expense. In making the repairs called for in
this paragraph, Tenant shall not be liable for any delays resulting from strikes, governmental
restrictions, inability to obtain necessary materials or labor or other matters which are beyond the
reasonable control of Tenant.
M
14. Quiet Possession. The Landlord covenants and warrants that upon performance by
Tenant of its obligations hereunder, the Landlord will keep and maintain Tenant in exclusive, quiet,
peaceable, undisturbed and uninterrupted possession of the Leased Premises during the term of this
Lease; provided that the Landlord shall have no obligation to expend funds to repair or maintain the
Leased Premises to maintain compliance with applicable laws or to maintain the Leased Premises in
the condition required for Tenant's intended use and quiet enjoyment thereof.
15. Consent. The Landlord shall not unreasonably withhold or delay its consent with
respect to any matter for which the Landlord's consent is required or desirable under this Lease.
16. Material Breach. In addition to any other remedies available at law or in equity, any
party not in default hereunder may immediately terminate this Lease upon the breach of a material
obligation under this Lease by the other party that is not cured within thirty (30) days after written
notice of the breach, by providing written notice of intent to terminate to all other parties hereto.
17. Compliance with Law. Tenant shall comply with all federal, state, and local laws,
orders, ordinances and other public requirements now or hereafter pertaining to Tenant's operation of
the Business and its use of the Leased Premises, The Landlord shall comply with all federal, state,
and local laws, orders, ordinances and other public requirements now or hereafter affecting the
Leased Premises.
18. Mutual Representations. Each party hereby represents and warrants (i) he or she is an
individual or it is a duly organized entity, validly existing and in good standing under the laws of
California; (ii) that the party has the legal right and authority to enter into and perform its obligations
under this Lease; and (iii) that the execution and performance of this Lease will not conflict with or
violate any provision of any law having applicability to such party; and (iv) that this Lease, when
executed and delivered, will constitute a valid and binding obligation of such party and will be
enforceable against such party in accordance with its terns.
19. Waiver. No express waiver shall affect any default other than the default specified in
the express waiver and any waiver shall be effective only for the time and to the extent therein stated.
No waiver by the Landlord or Tenant shall be construed as a waiver of a subsequent breach of the
same covenant, term or condition.
20. Assignment and Delegation. Except as expressly permitted by the terms and
provisions herein, no party shall assign any of its rights or delegate any of its duties hereunder
without the prior written consent of the other parties, provided that, notwithstanding the foregoing,
each party may assign this Lease pursuant to a merger or a sale of all or substantially all of its assets
or capital stock. Except as permitted by the foregoing, any attempted assignment or delegation shall
be null, void and of no effect.
21. Notices. All notices required by or relating to this Lease shall be in writing and shall
be sent via certified mail, postage prepaid, return receipt requested, to each and every party to this
Lease and addressed as follows:
To Tenant: Perry Ford of Poway, LLC
Perry Falk, President
12740 Poway Road
Poway, CA 92064
To Landlord: City of Poway
Attn: Executive Director
13325 Civic Center Drive
Poway, CA 92064
22. Counterparts. This Lease may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
23. Headings. The article, section, and paragraph titles and headings contained in this
Lease are inserted as a matter of convenience and for ease of reference only and shall be disregarded
for all other purposes, including the construction or enforcement of this Lease or any of its
provisions.
24. Definitions. Capitalized terms not defined herein shall have the meaning set forth in
the Purchase Agreement.
25. Pronouns. Whenever used in this Lease, the singular shall include the plural, the
plural shall include the singular, and the neuter gender shall include the male and female as well as a
trust, firm, company, or corporation, all as the context and meaning of this Lease may require.
26. Amendments. This Lease may be altered, amended, or repealed only by a writing
signed by all of the parties.
27. Additional Documents and Acts. The parties to this Lease shall promptly execute
and deliver any and all additional documents, instruments, notices, and other assurances, and shall do
any and all other acts and things, reasonably necessary in connection with the performance of their
respective obligations under this Lease and to carry out the intent of the parties.
28. Severabilitv. If any provision of this Lease is determined by any court of competent
jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if
possible, be construed as though more narrowly drawn, if a narrower construction would avoid such
invalidity, illegality, or unenforceability, or, if that is not possible, such provision shall, to the extent
of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this
Lease shall remain in effect.
29. Successors and Assigns. This Lease shall be binding on and inure to the benefit of
the parties and their heirs, personal representatives, and permitted successors and assigns.
30. Governing Law and Forum Selection. This Lease shall be governed by, and
construed in accordance with, the laws of the State of California. The federal or state courts located
in San Diego County, California shall have exclusive jurisdiction to hear any dispute arising under
this Lease. Each party hereto consents to personal jurisdiction in San Diego County, California, and
hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class;
mail, registered or certified, postage prepaid, to its address for giving notice as set forth herein.
Tenant hereby waives any right to remove any action from San Diego County as is otherwise
permitted by California Code of Civil Procedure section 394.
31. Attorneys' Fees. In the event Landlord or Tenant commences any action or
proceeding, including but not limited to the filing of a lawsuit, in connection with the enforcement of
this Lease, then as between Landlord and Tenant, the prevailing party shall be entitled to recover
from the losing party all of its costs and expenses, including court costs, arbitration costs, expert
witness fees, and reasonable attorneys' fees incurred in connection with such action, and all fees,
costs and expenses incurred on any appeal or in collection of anyjudgment.
32. Fntire Agreement. This Lease constitutes the whole and entire agreement of the
parties with respect to the subject matter of this Lease, and it shall not be modified or amended in any
respect except by a written instrument executed by all the parties. This Lease replaces and supersedes
all prior written and oral agreements by and among the parties or any of them.
(Signantres on Following Pagel
E
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above written.
APPROVED AS TO FORM:
7010M PC -11
Alan B. Fenstermacher, City Attorney
ATTEST:
AAd\s Y1
A. Kay Vin on, [nt rim City Clerk
POWAY HOUSING AUTHORITY, a public body,
corporate and politic
A
Tina M. White, Executive Director
PERRY FORD OF POWAY, LLC, a California
Limited Liability Corporation
By:/'
er, <, Presid nt
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Exhibit A
Legal Description of Landlord Property
(APN 275-460-610)
ALL, THAT PORTION OF THE. NEST HALF OF THE SOUTHEAST 0UAR7. FR OF SRcT"ON 35,
TOWNSHIP 13 'SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, State' of. Ca:ifornia, ACCORDING TO THE OFFICIAL PLAT THEREOF
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO)4NEN(-'1NO AT THE SOUTHEAST CORNER OF SAID WEST HALF' OF THF SOOTHEAST QUARTER OF
SECTION 35; THENCE NORTMMLY ALONG THE EASTF,RLY LINE OF SAID WEST HALE' OF THF
SOUTHEAST QUARTER, NORTH 000 35' 03" FAST, A OTSTANCE OF 495.10 FEST; THENCE
WRBTRRLY ALONG.A EINE ''kL T. IS PARALLEL WITH THE SOUTHERLY. LINE OF SAID WEST HALF
OF THE SOUTHEAST QUARTER, NORTH 880 11' 35" WEST, A DISTANCE OF 358.31 FEET TO A
POINT THAT IS 80U'PH 880 ii, 350' EAST, A DISTANCE OF •526.78 FEET FROM THE
SOUTHEAST CORNER OF LOT 1 OF POWAY MEDICAL UNTT NO, 1 RECORDED JULY 2, 1975, .AS
YAP NO. 913B IN THE OFFICE CF THE COUNTY RECORDER'OF SAN DIEGO COUNTY, THENCE
NORTH 020 06' 35" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE AS
DESCRIBED WITHIN AN OFFER 1`J DEDICATE (PUBLIC HIGHWAY) RECORDED AFRI:, 10, 1975
AS FILE NO, 15-083154 OF OFFICIAL .RECORDS, SAID DESCRIBED LINE BEING THE:
CENTRRL24E OF SAID PROPOSED PUBLIC HIGHWAY AND T'HE POINT BEING THE TRUE POINT OE'
BECINN-.NG; THENCE FOLLOWING SAID CENTF.RI,TNR NORTH 880 •11' 35° WEST, A DIS'T'ANCE OF
17.99 FEET TO THE BFIGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 200.00 FEET; THRNC_.WESTSRLY AND NORTHWESTERLY. ALONG THE ARC OF SAID
CURVE THROUGH A CHNTTRAL'ANGLE OF 550 02' 35", A'DTSTANCE OF 192.14 FEET; THENCE
TANGENT TO SAID CURV1i,NORTH 330 09' 00 WEST, A DISTANCE OF 1'57.47 FEET '1'O THE
BRGI.MING OF A 'TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00
PERT; THENCE ALONG THE ARC 60 SAID CURVE. THROUGH A CENTRAL ANGLE OF 170 56' 40",
A DISTANCE OF 62.64 FEB'T; THENCE LEAVING SAID CENTERLTNE NORTH 36° 54' 20" PAST,
A DISTANCE: OF 30.00 FEET TO A POINT BEING THE SOUTHEASTORL. CORNER OF GOT 5 OF
COUNTY OF' SAN DIEGO TRACT 359'.-2 RECORDYD AS MAP NO. 9071 ON NOVEMBER 4, 1980,
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIRCO COUNTY; THENCE ALONG THE
SOTiTHRAATFRT,Y 1.TNE OF SAM I.OT S NORTH 4R0 55' 27" RAST (NORTH 480 53' 38" EAST;
PER MAP NO, 98.71'), A DISTANCE OF 134.65 F88T (134.77 FEET PCR MAP NO. 9871');
THENCE NORTH 000 39' 42^ EAST (NORTH 00' 34' 35' EAST PER ,MAP NO. 9871), A
DISTANCE OF 90,07 FEET (90:00 FEET PER MAP NO. 9871) TO A POINT BEING THE
NORTHEAST CORNER OF SAID -MAP NO. 9871, SAID NORTHEAST CORNER ALSO BEING NORTH 880
11' 35" WEST, A DISTANCE OF 548.05 FEET (548-2U FEET PER MAP NO. 9871) FROM A
POINT ON THE EASTERLY LINE. OF SAID WF,57 HALF OF THE SOUTHEAST QUARTER OF SECTION
35; THENCE SOUTH 880 11' 35" EAST, A DISTANCE OF 202.92 FEET; THENCE SOUTH 02-
06' 35� WEST, A DISTANCE OF 165.14 FEET TO A POINT "BEING ON THE NORTHWEST CORNER
OF PARCEL 1 AS SHOWN ON RECORD OF SURVEY MAP N0, 5601, RECORDED NOVEMBER 26,
1'9UU, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO. COUNTY THENCE, ALONG THE•
WESTERLY. LINE OF SAID "PARCEL 1 SOUTH 02° 06' 35° WEST, A DISTANCE OF 299.88 FEET
TO. THE TRUE POINT OF BEGIHN=NO.
EXCRPTINO'THEREFROM THAT PORTION DESCRIBED IN IRREVOCABLE OFFER TO DEDICATE REAL
PROPERTY RECORDED APRIL 10, 1975 AS F_ -LE NO. 75-083152 AND 75-083154, BOTH OF
OFFICIAL RECORDS, .AND ACCEPTFD BY RESOLUTION NO. 83-075, RECORDED OCTOBER .25,
1983 AS FILE NO. 83-384442 OF OFFICIAL RECCRDS.