Release of Construction Covenants 2007-0308788
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RECORDING REQUESTED BY ) t~! .. LU -~k)O,-, i 00
. CITY OF POW A Y l i illiiiillll 111!1II111 111111111111111 11111 11111 1111111111 11111 1111 1111 ;
fi> AND WHEN' RECORDED MAIL TO' l "'lAY 07. 2007 8'02 AM
c1P ) OFFWio,l. RECOIir,'-
clil CITY OF POWAY ) "eN lqEI,u U-,Uill'iF:E'_'OFrr'EF,', OfF'CE
.. POBOX 789 ) hI-:UilIF:',.1 "I,IITH U'U'lr1' F;E,'OFDEH
POWAY CA 92074 ) F~E: 21:"":'
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RELEASE OF CONSTRUCTION COVENANTS
This RELEASE OF GONSTFjUCTION COVENANTS (the."Release") is made by the
PO WAY REDEVELOPMENT AGENCY, a public body; corporate and politic (the "Agency"), in
favor'of TECH BUSINESS CENJER, LLC, a California limited liability company'(the
"Participant"), as of the date set forth below
RECITALS
A. The Agency andJhe Participant have entered. into thatcertain Amended and
Restated Owner Participation Agreement (the "OPA") dated June 22, 1999, evidenced by a
Memorandum of OiNner Participation Agreement recorded August '16, 1999 as document #1999~
0564054 oflhe official records of San Diego County Recorder's office, 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 DDA, the Agency is required to furnish the
Participant or its successorswith,a Release of Construction Covenants upon completion of
construction'of the Improvements:(as defined in Section' 1 01 of the OPAl or an appioved phase
thereof, which release is required to b-e in such form as to permit it to be recorded in the
Recorder's Office of San Diego County This Release is conclusive determination of satisfactory
cOmpletion of the construction and development of that phase oflhe Improvements described in
Exhibit "6" attached hereto and incorporated herein by reference, as required by the OPA.
C The Agency has conClusively.determined the construction and development
described in Exhibit "B" has been satisfactorily completed.
NOW, THEREFORE, the Agency hereby certifies as follows.
1 The Improvements described in Exhibit."B" have been 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 provisions of
the OPA.
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3. This Release'shall not constitute eviden_ce of comRl,iance with or satisfaction of
ar)Y obligation of the PartiCipant to any holder of any mortgage, or any insurer of a mortgage
loaned to financeHhe Improvements, or any part therof
4. This Rele.ase 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 1ST day
of rY\f'I'Vl ,2007
POWAY REDEVELOPMENT AGENCY, a public
body, corporate and politic
By
Dated: ~!(/o') ,2007 Its Executive Director
APPROVED AS TO FORM:
~C( C~
~isa Foster,
Agency General Counsel
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
fU>.=^~....Jv~~~~~~~ffiKr~~~~:iNIY~CfO'~~~~~~~~~~~ti..~
State of California } ss.
County Of-y!hdJ ~
On ~D:'~ ~ before me, ~~ 'p,fiJoJ!U11, ~ 4bkc
~ d bouNi:i.ndTi1l6010fliCer(e.g.. Jane DO€, Notary Public")
personally appeared
Name(s)oISigner(s)
~ersonally known to me
.
. lIIlBIIlIE D. WORRB.L o proved to me on the basis of satisfactory evidence
. c....., I 1')-.# 1421698 to be the person(s) whose name(s) is/are subscribed
- NDIlIIY NIle: . CCIIIoInID' . to the within instrument and acknowledged to me that
__IIIlIFCo\df,
-. ....-. he/she/they executed the same in his/her/their
. .,c;w . 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.
Place Notary Seal Above 0)::; :y hZJ:J:;e~
If. Signature of Notary Public
OPTIONAL
Though the 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 D~ ~, ~h"';t;,
Title or Type of Document: " ....".<1 -!t 1
Document Date: "--lYiCJL..r / J Cl-OO Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Si9ner(s)
Signer's Name: Signer's Name:
D individual D Individual
D Corporate Officer - Title(s): D Corporate Officer - Tille(s):
D Partner ~D Limited D General D Partner- D Limited D General RIGHT THUMBPRINT
D Attorney in Fact D Attorney in Fact OF SIGNER
Top althumb here Top of thumb here
D Trustee D Trustee
D Guardian or Conservator D Guardian or Conservator
D Other. D Other.
Signer Is Representing: Signer Is Representing:
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@2004 National Notary Association' 9350 De Solo Ave.. P.O. Box 2402 . Chatsworth. CA 91313-2402 lIem No. 5907 Reorder: Call Toll-Free 1 800-876-6827
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EXHIBIT "A"
SITE DESCRIP"fION
1 All that land contained within Tract Map No. 12853, in the City of Poway, County of San
Diego, State of Cali fomi a, filed in the Office of the'County Recorder of San Diego County
on August 19,1991, as File No 1991-0423951 of official records.
2. All that land contained within Tract Map No. 13944, 'in the City of Poway, County of San
Diego, State of California, filed in the Office of the County Recorder of San Diego County
on March 13, 2000, as File No. 2000-0126910 of official records.
3. Parcel 1 of Parcel Map No. 17607, in the City of Poway, County of San Diego, State of
California, filed in the Off,ice of the County Recorder of San Diego County on October 20,
1995, as File No 1995c0473968 of official records.
4 All that land contained within Parcel Map No 19453; in the City of Poway, County of San
Diego, State of California,filed in the Office oftheCounty Recorder of San Diego County
on April 1 , 2004, as File No. 2004-0271337 of official records.
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EXHIBIT "B"
IMPROVEMENTS
The public and private improvements including gra,ding, sanitary sewer, water, storm drainage,
curbs, '.gutters, and sidewalks,. paved roadways, landscaping, utilities, design and construction
slaking and ,supervision; City of poway plan checks and inspection, fees payable to the City of
P6way; Redevelopment Agency, and other public agen,cies., all as required under the approval
cPrndiJL~D~o.f Tentative Map 86-02(R) (2) as approved by'the Poway City Council on February
27, 1990, Tentative Map '97-01 as approved by the poway City Council on November 10, 1998;
and Tentative Parcel Map 95-03 as approved by the Poway'Gity Council on October 3, 1995.
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