Participant Covenants 1992-0586314
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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:
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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);
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(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:
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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.
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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