Implementation Agreement Re-Amendment to Owner Participation Agreement 2007-0094608It1iCOIZIJGD LQUI ?s:: Ul�
First -1 nreriCnn Title
SU6D1A'ISIUN MAiTING DLPI
RECORDING_ REQUESTED BY
AND WHEN RECORDED RETURN: TO•
Poway Redevelopment Agency
13325 Civic Center Drive
Poway, California 92064
Attn: Executive Director 1.619 3
C # 2007 - 0094608
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FEB 09, 2007 4,35 PM
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IMPLEMENTATION AGREEMENT RE AMENDMENT TO
OWNER PARTICIPATION AGREEMENT
2007A094608
This IMPLEMENTATION. AGREEMENT RE AMENDMENT TO OWNER
PARTICIPATION AGREEMENT ( "Agreement "), dated as of the 6th . day of
February , 2007, is entered into by and ,between POWAY REDEVELOPMENT
AGENCY, a, public body corporate and politic ( "Agency "), and PARKWAY
DEVELOPMENT 111, LLC; a Delaware limited liability company ( "Participant ") with
reference to the!following Recitals which are deemed to be'a +substantive part hereof:
RECITALS
A. Agency and Participant entered into that certain "Owner Participation
Agreement' which was recorded April 1, 1999 as Instrument No 1999 - 0216921, Official
Records; San Diego County Recorder's Office ( "OPA ") concerning the development, use and
operation of improvements upon the real property which is described in Exhibit A attached
hereto and made a part hereof (the "Property ").
B. The Agency and Participant entered into that certain Amendment to Owner
Participation Agreement and to ,Agreement to be Recorded. Affecting Real Property on August
1 -5, 2006, and recorded on October 30, 2006 as Instrument No 2006- 0768980, Official .Records,
San Diego Recorder's Office (the . "Amendment "), amending the OPA. The OPA and
Amendment are hereinafter referred tows the "OPA, as amended."
C. - -A s evidenced by,the Staff Report dated. August .15, 2006 the parties intended to
extend the deadline for 'Participantto request that the Agency issue the Project Bond, but due to
administrative error that provision °was inadvertently deleted from the Amendment.
D The parties now desire to correct that error pursuant to this Implementation
Agreement.
DOCSOC/120506lv4/022345 -0070 - /�i•1i02.�
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0 0
AGREEMENT 16194
NOW, THEREFORE, Agency and Participant hereby agree as follows:
1. All references to December 31, 2007 in Section 205 1 of the OPA are
hereby changed December 31, 2017
2. Except as hereby amended, the OPA, as amended, shall remain in full
force and effect in accordance with its terms.
3 This 'Implementation Agreement may be executed in any number of
counterparts', each'of which 'shall'be deemed`an original and all, ofwhich together will constitute
one instrument.
REMAINDER OF PAGE, .INTENTIONALLY LEFT BLANK
2
DOCSOC/ l 205061 v4/022345 -0070
• •
16195
IN WITNESS' WHEREOF, the parties hereto have caused this Implementation
Agreement.to be executed'by'their duly authorized representatives as of the day and year first
above written.
AGENCY:
POWAY_ REDEVELOPMENT AGENCY,
a public body corporate aril politic
By'
Name:
Title:
ATTEST:
L. i e.Shea Secretary
Poway Redevelopment Agency
APPROVED AS TO FORM:
Stradling, Yocca Earlson & Rauth
Agency,Specia C nsel
DOCSOC /i 205061 v4/022345 -0070
PARTICIPANT:
PARKWAY DEVELOPMENT III, LLC,
a Delaware'limited liability company
By- MCMILLIN COMPANIES, LLC,
&Delaware limited liability
company, its Managing Member
i
0
Exhibit A
Legal Description of Property
• 16196
This site consists of Lots 1, 8 and 9 of City of Poway Tentative Map 98 -05, as approved
b) Poway City Council Resolution No. P 99 -16, dated'February 23, 1999
L
STATE OF CALIFORNIA
K01 li IM
On
before-me,
I
nally appeared
personally known to me
-or-
)
ss.
0 16197
y Public)
Notary Public,
Fj. — 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(tes), and ihat 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.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑. Individual
❑. Corporate Officer
Title(s)
• Partner(s) ❑ Limited
❑ General
• Attorney -In -Fact
❑ Trustee(s)
❑, GuLdian/Coriservator
❑ Other-
Signer is representing:
Name Of Person(s)Or Hntity(ies)
DOCSOC /1205061 v4/022345 -0070
DESCRIPTION OF ATTACHED DOCUMENT
PLm en b&h6A i�05mj'
Re" &'e(1&O,n - -E-0 Alq
Title Or Type Of Document
Number Of Pages
Of Documents
PAS alq Signers) O[her ThamNamed Above
4",
SHELLEY COLLINS
Commission #' 1446353
_
Q .F
Notdry'PUbllc - California
ewe
San Diego County
My Comm: Expires Oct 21, 2007
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑. Individual
❑. Corporate Officer
Title(s)
• Partner(s) ❑ Limited
❑ General
• Attorney -In -Fact
❑ Trustee(s)
❑, GuLdian/Coriservator
❑ Other-
Signer is representing:
Name Of Person(s)Or Hntity(ies)
DOCSOC /1205061 v4/022345 -0070
DESCRIPTION OF ATTACHED DOCUMENT
PLm en b&h6A i�05mj'
Re" &'e(1&O,n - -E-0 Alq
Title Or Type Of Document
Number Of Pages
Of Documents
PAS alq Signers) O[her ThamNamed Above
0 0
16198
STATE OF CALIFORNIA }
ss.
COUNT), OF SAN DIEGO }
On this 6th day of February 2007, before me, Joyce Rooks, a Notary Public in and for
said State, personally appeared VINCENT G. FERRER, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument, the person, or the
entity upon behalf of which the person acted, - executed the instrument.
ESS my hand and official
JOYCE ROOKS ;
COMM. # 1487657
• NOTARY PUBLIGCALIFORNVI�
SAN DIEGO COUNT/ n
COMM. EXP MAY 14,2008
Notary Acknowledgement
0 !
16199
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN DIEGO }
On this 6th day of February, 2007, before me, Joyce Rooks, a Notary Public in and for
said State, personally appeared RANDY A. LEVINSON, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity(ies), and that by his signature(s) on the instrument, the person, or
the entity-upon behalf of which the person acted, executed the instrument.
ESS my hand and official
JOYCE ROOKS
Q COMM. # 1487651
8COMM.E)(P NOTARY PUBU CA GUFORNIAW
SAN DIEGO COUNTY 0
MAY 14.22U
Notary Acknowledgement