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Certificate of Completion 1996-0105342 -= "'...= ,- ..!.P"'i..;r.;.:; r\ <5 .~\II"'"'""" .' F! l"'~! ,. n - < ,~~ - f - f {.~ " - ,'i " \'1'1, {;".", 'I'll,' iL-i 1 ,J.;;- 'lour \j J.. \i,,,,J,>"; 1 il= C. "-10"""'- .........'O~ ("'.{"Io",," f ^f' -Jf~.'-'! lr:'~K-'-.r.. '7 .? d 1..1 / .. .1. CJ ~-I 1 939 OFFICIAL RECORDS ~Jl;H DIEGO COUHTY RECOr:DE~:! OFF LE GREGDRY SMITH, CDUNTY RE OROE FEES~ fl nn \,,',1'1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ) ) )0 ) \\~) ) ) ", !1 \I , )\1 '~ j\ ) !\~ ~ \~ ) [Space above for recorder.] poway Redevelopment Agency 13325 civic Center Drive Poway, California 92064 Attn: Executive Director CERTIFICATE OF COMPLETION WHEREAS, by an Owner Participation Agreement (the "Agreement") dated November 27, 1990, entered into by and between the POWAY REDEVELOPMENT AGENCY, a public body, corporate and politic, (hereinafter referred to as the "Agency") and WAL-MART STORES, INC., a Delaware corporation (the "Participant"), the Participant has developed the real property (the "Property"), legally described on Exhibit "A" and has completed the construction of the improvements thereon according to the terms and conditions of the Agreement; and WHEREAS, pursuant to Section 306 of the Agreement, after completion of all work of construction to be completed by the Participant upon the Property, the Agency shall furnish the participant with this certificate, evidencing satisfaction by the participant of all construction and other obligations pursuant to the Agreement (this "Certificate of Completion") upon written request therefore by the participant; and WHEREAS, the issuance by the Agency of the Certificate of Completion shall be conclusive evidence that the Participant has completed construction of the Participant Improvements in accordance with the Agreement; and WHEREAS, the Participant has requested that the Agency furnish the Participant with the Certificate of Completion; and WHEREAS, the Agency has conclusively determined that the construction of the participant Improvements required by the Agreement has been satisfactorily completed. NOW, THEREFORE, THE AGENCY AND THE PARTICIPANT AGREE AS FOLLOWS: Page 1 of 2 '\ , 940 1. The Agency hereby acknowledges that the Participant has Constructed the Participant Improvements on the Property and has otherwise constructed improvements on the property in accordance with the Redevelopment Plan and pursuant to the terms and provisions of the Agreement. 2. The Participant, on behalf of itself and its successors, assigns, and each successor in interest to the Property or any part thereof, hereby covenants and agrees that those "Participant Covenants" recorded on September 16, 1992 at Book 1992, Page 0586314 of the official land records of the County of San Diego shall remain in full force and effect. 3. This certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Participant to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the work of rehabilitation, construction, and development of the Participant Improvements on the Property, or any part thereof. This certificate of Completion is not a notice of completion as referred to in section 3093 of the California civil Code. IN WITNESS WHEREOF, the Agency and the Participant have executed this Certificate of Completion. Date: '1~ ~ b , 1996 POWAY REDEVELOPMENT AGENCY BY'~IJ;)1~A~ Ex cut~ve Direct ATTEST: 1'r1~1L:v K AJ~ 1:... secr,tary to the Poway Rede~~pment Agency ACCEPTED: By: Page 2 of 2 , ) . CALIFORNIA ALL~PURPOS': ACKNOWLEDGMENT J 941 State of _.f:+r..J:.~<,C.L S. County of ~Q~ On --<LI-01l-1o~,~ . personally appeared ~.~ ~C\ t...Lol'--Q C,...)hmo(s}otSlgnor(s) ~erSOnallY known to me - 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/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. before me, ~ U\ -.S, Wa. \, Name and Title 01 OlflcQr(og No blS:-.- .. NOTARY SEAL" Karen S, Wall, Notary Public Benton County, State of Arkansas My Commission Expires 9/21/2005,. -""J WITNESS my hand and official seal. ~kY,[~""Ii' OPT/ONAL TflOlIg/l tfle information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual o Gorporate Officer Title(s): [] Partner - 0 Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator o Other: Top 01 thumb here D Individual o Corporate Officer Title(s): [I Partner - [] Limited 0 General [] Attorney-in.Fact ]J Trustee IJ Guardian or Conservator o Other: lop of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: @ 1994 N<ltional Notnry Association. 8236 RemrnetAve., P.O_ Box "1184' Canoga Pmk, CA 91309.7164 Prod, No, 5907 Reorder: Cilll Toll.Frcc 1.800,876-6827 ".,J' ., :.." ,.r-. ,,.- . ~~2~ 94.2 EXHIBIT "A" "Legal Description of the Affected Property" A portion of the southwest quarter of the northeast quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, State of California. EXHIBIT "An -,