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Participant Covenants 1992-0586314 17 48 /::-.:;,.;(<... /!v/:;.t SEP t 5 1992 c' ...-,....'J' (. ATTACHMENT NO. 6 DOC U 1992-0586314 16-SEP-1992 11=30 AM PARTICIPANT COVENANTS OFFICIAL RECORDS SAN DIEGO COUHTY RECORDER'S OFFICE AHHETTE EVANS, COUHTY RECORDER CF: 3. :,0 FEES: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ) ) ) ) ) ) ) ) [Space above fOL LecoLdeL.] Poway Redevelopment Agency 13325 Civic CenteL OLive Poway, California 92064 Attn: Executive Director WHEREAS, WAL-MART STORES, INC., a Delaware corporation (the "Covenantor"), and the POWAY REDEVELOPMENT AGENCY (the "Agency") have entered into a certain OwneL Participation Agreement dated 4- Z-J ,199j1l (the "Agreement"), a copy of which is on file with the Agency at its offices and which is incoLpoLated herein by Leference), pursuant to which the Covenantor has agreed to subject certain Leal property belonging to the Covenantor (which propeLty is Leferred to as the "Affected PLoperty", and'.is descLibed in the "Legal Description of the Affected'Property" .:~h1Ch.is attached hereto as Exhibit A and incorpoLated, herein) . ,t.9: c'eLt'ain covenants; and WHEREAS, the enforcement of said covenants will ensure proper implementation of the Redevelopment Plan fOL the Agency approved by OLdinance No. 117 of the City of Poway (the "Redevelopment Plan"), and will, theLefore, benefit the Covenantor, the City of Poway (the "City"), and the propeLty owners located within the Redevelopment Project Area affected by the Redevelopment Plan; and WHEREAS, the Community Redevelopment Law (California Health & Safety Code 933000 et ~.) provides that a Ledevelopment agency shall establish coveriants running with the land in furtherance of the Lelevant Ledevelopment plan; NOW, THEREFORE, the Covenantor agrees and covenants as follows: 1. Covenantor agrees fOL itself, and its successors and assigns, and every succeSSOL in interest to the Affected PLoperty, OL any part thereof that the CovenantoL, and such succeSSOLS and ass~gns shall: . (a) Devote the Affected Property to those.uses peLmitted by the Redevelopment Plan (which covenant shall run with the land); .01/lB/91 2150u/2345/3l ATTACHMENT NO. 6 Page 1 of 2 3. 50 , ,/''C.t (~ /jO ';) c~ (_:~ l)r"- '" 1749 ~J (b) Not unlawfully discriminate against or segregate any peLson or group of peLsons on account of Lace, color, origin, sex, marital status, national origin, religion or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the pLemises heLein conveyed, nOL shall the Covenantor itself or any person claiming under or through the grantee, establish or permit any such unlawful practice or practices of discrimination or segregation with reference to the selection, location, numbeL, use OL occupancy of tenants, lessee, subtenants, sublessees, or vendees in the pLemises herein conveyed. All deeds, leases, or contracts for the sale, lease, sublease or other transfer of the Affected Property shall contain such non-discLimination pLovisions as are specified in the Agreement. The foregoing covenant shall run with the land. These Covenants regarding discrimination shall remain in effect in perpetuity. 2. Agreements and covenants contained herein shall be covenants Lunning with the land and shall, in any event, and without regard to technical classification or designation, legal or otherwise, except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and in equity with the benefit and in favor of, and enfoLceable by, the Agency, its successors and assigns and the City and its succeSSOLS and assigns against the Covenantor, its successors and assigns and every successor in interest to the Affected Property, or any part thereof or any interest therein. 3. Except as provided in Section l(b) above, the agreements and covenants contained herein pertaining to the uses of the Affected Property shall remain in effect from the date hereto until the expiration date of the Redevelopment Plan, as said expiration date may be extended bi proper amendment to the Redevelopment Plan. WAL-MART STORES, INC., a Delaware corporation By: ~/FZiI1)<:FA/"'" r 01/18/91 2150u/2345/31 ATTACHMENT NO..6 Page 20f 2 , r " 17;)0 ( STATE OF ARKANSAS COUNTY OF ~~~ ss. On Oue1 cZ ~ {qqv . . . before me, the undersigned, a ~otUry Public in and for said State, personally appeared ..,j/&,,c,,,. f' ,k,.a.-<1- ,personally known to me or proved to me on the basis of ~atisfactory evide~s~ to be the. person who executed the within instrument as ~ice President of WAL-MART STORES, INC., a Delaware corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. ,~edL I/~~ 'lrJ " ( . . "'')/:\,,''':.'' .",- "- -';'>:,'XS,EAL f ": . .::! ;:, :::: (;".r;"~~.\ ~I, . f" .:. t \X\.:;?~{>.:~ .' "',,' A:! i', ./,. '_. 01/18/91 2150u/2345/31 (- 1'751 ( EXHIBIT "A" "Legal Description of the Affected Property" A portion of the southwest quarter of the northeast quarter of Section l3, Township l4 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, state of California, EXHIBIT' "A" ATTACHMENT NO. 6