Reciprocal Easement Agreement 2007-0625814
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.~\ . RECORDING REQUESTED BY
0<' . FIRST AMERICAN TITLE
National Commercial Services'
r{.' SEP 25, 2007 434 PM
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. RECORDING RE9pESTEDBY AND "r~ ['Icy'.' 'Ciur~T, FI~':CiII['E:"~Ci~FII_~
\9, WHEN REeORDEDMAIL TO: '.,H,.bU,', , '.MI; H , UUI!T, hE'.uF,['EF,
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60~f\ P()~ayRedeveIopl1lentAgency /dO"c; ,',,: II" PAGES: 21
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~ I ,tttn: RedcvcIopment Services Dircctor 2007 -06258.14
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Ov~\} Free recording requested pursuant to Government Code Section
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RECIPR0CAL EASEMENT AGREEMENT'
~, THIS RECIPROCAL. EASEMENT AGREEMENT ,(the "REA") is entered into as of
r /0 ,2007, by and bctween the POWAY.REDEVELOPMENT AGENCY, a
public ooy, corporate and politic (the "Agency" or "Restaurant ParceIO\"ncr"),and OCEAN
PARK HOTELS- PWY, LLC, a California limited liability company (thc "HotcI Parcel Owner")
RECITALS
A. The Agency ancl the Hotel Parcel Owncr have entered into a Disposition and
DeveIopmcnt Agrcement, dated as of Fcbruary 7, 2006, asamcnded bya First Amend,ment to
Disposition .and Developmcnt Agreement dated as of March 13, 2007 (as amendcd, the "DDA1'),
whichpro'(ides for the Agency to convey a 'ccrtain parcel, of rea.lproperty located at the northcast
corner of Scripps Poway Parkway'and Stowe Drive in the City of Poway(the "Hotel Parcel") to the
Hotel Parcel Owner, and for the Hotel ParceI.Owner to purchase the Hotel Parcel and to..construct,
complete, and opcrate a hotel thereon in accordance with the DDA (the "Hotel Facility"). The Hotel
Parcel is legally described in Exhibit "A" attachcd hereto Pursuant to the DDA,the Agency has
conveyed the Hotel Parcel to the'Hotel ParceLOwnerconcurrently with the recordation of this REA.
B. Thc Agency is currently thcowncr of that certairi real property located adjacent to thc
, Hotel Parcel, legally describcd on Exhibit "8" attached hereto and refcrcnced as the Restaurant
'Parcel in'the 'OOA (the "Restaurant Parcel"). The Agency intcnds to convey the Restaurant Parcel-to
. ' a developer who will developandopcr~te a rcstaurant,or other improvements thereon.
C Section 404 of the DDA requires the Agency an,j the Hotel Parcel Owner to grant
each othcr reciprocal ea'sements over certain portions of the Property on thc tcrrns and conditions' set
forth in this REA.
.0. The Hotel Parcel and the Restaurant Parcel are depicted on the, Site Map attached
hercto as Exhibit "c" (the "Site Map"). The Hotel Parcel and the Restaurant Parccl shall be
sometiines.coIlectiveIy'referred to herein as the "Property," and individually referred to herein as a
"Parcel." the Hoiel p'arcel Owner and the Restaurant Parcel.owner shall bc soinetimes collectively
referred to hcrein as the "Owners" or individually as the "Owner" -
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N0,W, THElU]F0RE, forgood',and valuable consideration, the rcceipt..and sufficiency of
which are hereby acknowledged, the partics hereto hereby agrceas follows:
I Grant and Description of Easements.
(a) Ingress and Egress. The Restaurant Parcel Own<:.r, as to all of.the drive
aisles, walk 'ways, driveways and roadways located on the Restaurant Parcel as depicted in the Site
Map (the "Restaurant Parcel Easement Area"), and the Hotel Parcel Owner, as to all of the drive
aisles, walkways, driveways and roadways located on the Hotel.ParceI as depicted in the Sitc Map
(the "Hotel Parcel Easemcnt.Area"),hereby each establishes'ahd.grants to and for thc, benefit of the
other, and its respectivc tenants, customers; employees, suppliers; licensees, permittees, successors,
and assigns (collectively "Grantees"), a. perpetual, nonexclusivc easement, for the ingrcss and egress
of motor vehicles and pcdestrians to permit the free flow of vehiCular and pedestrian ingress and
egress to, from, over, and across those portions of the Properly defined in this Section I(a) as the
Restaurant Parcel Easement Area and the Hotel ParccI Easement Arca and collectiveIyrefeiTed
herein as the "Easement Areas." Grantees shall not park in the Ease'ment Areas except as
specifically set forth in Section I (h).
(b) Shared Use,of Parking Spaces. Each OWner hereby grants to the Grantees;
a pcrpetuaI, non'exclusive easemcnt over the parking spaces I.ocated on such Owncr's Parcel for
vehicular parking"as specificallydesignated in Exhibit "D"attached hereto (the "Parking Diagram").
:Such parking spaces (thc "Parking, SPaces") shall bc shared by the Owners and their Graniees as
.indicated in the Parking Diagram, or restricted for exclusivc use by one Owner and that Owncr's
Grantees, as indicated in the Parking Diagram. Notwithstanding thc foregoing or anything to the
'contrary herein, no employee, contractor or supplier of an OWner shall have rights to use the Parking
'Spaces designatcd in the Parking Diagram for the parking..of employee, supplier and/or contractor
vehicles, or any other reason. ~urthermore, all Parking Spaces shall be used for the parking of
passenger automobiles only and shall not be used for the parking of motorhomes, trailcrs, trucks
(other than sports utility and or pick-up type trucks) or other types of vehicles (other than
motorcydes). Vehicles, shall be parkcd within the boundaries of any Parking'Spaces stiipedfrom
time to time. Each Owner :shall designate employee-parking arcas on its own Parcel. No Owncr
shall permit its employees or th,e employees of such Owner's tenants to park on the other Owner's
Parcel or in any of the Parking Spaces designated as shared pursuant io this Section I(b).
(c) Exclusive Use Parking Spaces. Each Owncrshall be entitled to the
exclusive use, at all times, of the Parking Spaces in the parking lot on its Parcel which'are dcplcted
on the Parking Diagram as the "Exclusive Use Parking Spaccs," In order to designate"any such
Parking Spaces as Exclusive Use Parking Spaces, an Owner shall install sig~age reasonably
acceptable to the :other Owner adjacent to such Parking Spac,"s:that designates such parking spaces
as. for the exclusive use of that particular Owncr. All .other Parking Spaces' !lot designated as
Exclusivc Use Par!<.illg Spaces as provided in this Section lCc) shall be subject to thc rcquirements
fOf,shared use.as provided iil Section I(b) hereof. Notwithstanding. anything to the contrary herein,
there are no Exclusive Use. Parking Spaces located on the Restaurant Parcel in the Parking Diagram
attachcd to this REA:, In the,event that thc parties agree to add Exclusive Use Parking Spaces to and
'for the benefit of the Restaurant Parcel, .the parties shall execute and record a supplement or
amendment to this REA Which depicts the Exclusive Use Parking Spaces to be added.
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(d) Hours of Op.eration; Rules. The Easeme!1t:Areas (as defined in Section
I(a)) aJ.ld the Parking Sp~ces shaJl r~main open at all hours. The Owners may jointly establish
.reaso.nabIe m\es and reguIationsregarding the use ofthe Easement Areas and the Parking Spaces'in
order to ensure that"the Parking Spaces. are used in accordahce with:this REA, including without
limitation, rules and regulations regarding security and traffic~ontrol during special events. There
shall be no fees or charges for themse.o(any Parking Spaces.
(e) Temporary CI~sure of Parking Spaces. The parties may mutuallyagrec'in
writing to temporarily c10sc all or a portion of thc Parking Spaces in order to allow the parties to
Undertake any necessary maintenancc or repair of the parking lot or close ce.rtain portions of the
parking lot as may be required, in the mutual judgment qfthep~rtics for security and public safety
and'to the ext~nt that all of the parking lot is not necessary to fulfill the obligations set forth. herein.
After the initial creation of at tlie 'Parcels, each Owner shall ,be required to maintain at least the
number of parking spaces in its Parcel as are requircd under the Poway City Code and any City
'permits and land ,use entitIemcnts for the us~s located on its own Parcel. The approval of the City
Development Services Director and. the Agency,Executive Director (or their designees) shall be
required 'for the elimination of allY parking spaces on eithcr Parcel; both beforc and after the Agency
conveys the Restaurant Parce1.to.another party The Agency's approval to a rcqucst for elimination
of parKing' spaces shall not unreasonably be withheld (provided,that standards for City approval shall
not be governed hythis REA).
(f) No Build,Area. In accordance' with Conditional Use:Permit, Rcsolution No.
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P-06c03 dated January fS, 200(j,.'SectionG, the Restaurant Parccl Owner hereby grants.to,the Hotel
Parcel'Ow1).er a "no'build" easement;in, over, through and across the Restaurant Parcel as'setforth,jn
Exhibit "E" attached hereto (the "No Build Area") such that no buildings (including but not limited
to habitable [oonis) shall be builtin the No Build Area. Nothing in this Section I(f) shallpreventthe
Restaurant Parcel Owner from adding curbing, sidewalks, paving, landscaping and driveways over
such No:Build Area.
(g) Maintenance. The RcstaurantParceI Owner hereby grants to the Hotel
Parcel Owner a nonexclusive easement in, over, through,' to al1d aqQ~S'lhe Restaur~nt Parcel for the
purposcof the performance of the maintenance obligations as seHoith in Section 3 hereinbelow
(h) Construction. During the construction 'of the improvements on the
Restaurant Parcel, the Restaurant Owner may close any parking spaces and drive aisles on thc
Restaurant'parceI to'use in ordertoprovide for construction!stagil1g ~:m th.e Restaurant Parcel; except
that.at all .timesone o~ morc drive aisles shall remain open to .allow for unobstructedirigress and
egress to:and .from the Hotel Parcel to:public strcets. The Restaurant Parcel Ownerhereby:grantsto
thc HotelPa,rceI,Owner a none,xclusive easement.iri, over, through and'to the Rcstaurant:ParceI for
the performance of. the Hotel Parccl Owner's construction obligations as set forth in Section 2
hereof,.including without limitation construction staging and storage of dirt.
(i) 'Utilities Easement. The Restaur~J.lt Parcel Owner h,ereby,gra.nts to the Hotel
parcel Owner a nonexclusive easement in, over, through; to and across the Restaurant Parcel, for the
pprposeof installing" maintaining or accessing the .utility connections, utility lines and/or utility
facilities, or any portion thereof, to the full extent necessary for the full use,;and enjoyment of the
Hotel Parcel. All easements j;TIlnted in this Section I(i) shall be spbject to the Restaurant Parcel
Owner's reasonable rights to relocate such connections, lines and/or facilities at its own cost and
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expense, provii:Ied that in no eycnt shall" thcre be a relocation that will cause an unreasonable
interrupti9nof utilities, The:easel1leuts granted in this Section. shall not be located on any portion of
,theResta~r51nt Parcel underlying buildings .or othcr structures, and if thc Restaurant Parcel is
damaged I5:Y"'reason'ofthe,use ofsuch.easemcnt, then the Hotel Parcel Owner shall be responsible for
the cost ofthe p~ompt repair of sll~h damage. ThcRestaurant Parccl Owner shall clect whether to
make the repair and bill the Hotel Parcel Owner or have the.'HoteI Parcel Owner make the repair. If
the Restaurant PareeJ Owner elects 'to make the repair, the amounts reasonably expended 'by the
Restaurant Parcel 'Owncr shall immediately become due and payable by the Hotel Parcel Owner
together with interest thereon at tlje.rateoften percent (10%) per annum, commencing uponthc date
the Restaurant ParcerOwnersendsnotice ofthe amount duc to the Hotel Parcel Owner.
(j) Character,. The easements granted by tlie Restaurant Parcel Owner'over the
Restaurant Parcel shall be appunenimt to the Hotel Parcel, and' may not be held; transferred,
assiJPled, orencimibered except.as an,appurtenance to the HotelYarseI. The easements f,'fanted by
thc HoieJ Pa~ceI Ownerovcr the Hotel Parcel shall be appurtenant to:the,Restaurant Parcel, and may
not bcheId, transferred, assigneo~,or ehcumberedexcept as an appurtenance to the RestaurantParceI.
The easements grantedpursuarttto this REA shall be nonexclusive and for thc use and benefit of
each Grantee in common with the granting Owner and its customers"empIoyecs, suppliers, licensees,
. permittees, successors, and assigns. Subject to the provisions or-Sections 1(1) and J~ each Owner
hereby reserves to itself and its successors and assigns, together wjtl1 the right to grart and transfer
all or a portion of the same to effectuate such reservation, the right to install, repair, maintain,
service, alter,rec.onsrruct, relocate orrcplace any facilities for water,sewer, storm drains, telephone,
gas,~Iectricityor similar utilities orservices:or related sidewalks, and landscaping on, over, under or
.across any portion of such Owner:s, Parcel including within the easements located on such Owner's.
.ParceI, together with rights ofingress.:alld egrcss thereoverfor any,ofthe foregoing purposcs. During
:any rca~onable construction period'"in conncction therewith, suckOwner may temporarily disturb and
interrupt the easement rights to' usc the easements granted herein; but shall furnish reasonably
adequate temporary parkirtg facilities and acccss for the other Owner and its Grantees. This REA is
not intended tograni:a fee interest'iil''-the Restaurant Parcel or Hotel Parcel, nor is it intended to be,a
lease or. a license:
(k) Duration, The easements grahted in this REA are granted to commence
upon recordation of this REA and. sh,~ll continue in perpetuity However, rights to park in the
parking areas designated at the Hotel 'ParceI shall not commence until after the opening of the Hotel
Facility:
(I) No Impediments to Use. N() wall, barricr, building, fence, plant,.structure,
imp~ovement,-or oth,e1:;'obstacle or impediment shall be constructed upon the Property which would
materially and adverseJyaffect.the use oftlie easements granted herein.
(m) Not.a.Public-Dedication. Nothing contained in this REA'shaII:be deemed to
be a,;gift,or dedication of any po.rtion of the Ease11le.nt -Areas or the Parking Spaces to,the general
public or forthe'generaI pllblic or for any public purpose'whatsoever, and this REA shall bc strictly
limited.to and for the'pu!'P.oses expressed herein. NOlhdivlC111al shall be deemed to have acquired a
prescriptive easement: easemehLby implication, or any other right, title, or interest as a .result ofthe
use of the EasementAreas or the Parking Spaces.
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2. Construction oI!Parc~J.. Each Owner shall cause its Parcel to be improved in
accordance with the DBA. SpecificallY, as:,set forth in Section'A08.ofthe DDA, the Agency shall
complete the construction of the following improvemcntsprior to the opening for business of the
Hotel Facility- (i) extension of all uii!ities.to.the Restaurant Parcel and stub out of those utilities to a
point within the utility easement located on the restaurant site set\forth in,the. Site Map in accordance
with utility plans approved.~by both the Agency and the Hotel Parcel Owner; (ii) grading of the
Restaurant Parcel in accordance' with the grading plans which coordinate the dcveIopment of the
Restaurant Parcel and the Hotel Parcel and which have been approved by the Agency and the Hotel
Parcel Owner; and (iii) installation of thc common area improvements, including walkways,
driveways, parking, irrigation, landscaping and other like common area improvements on the
Restimrant Parcel.
3 Mliintenance Requirements. Thc Hotel Parcel Owner shall maintain, or cause, to be
maintaincd; all common area improvements on the Hotel Parcel and the Restaurant ParccI, including
but not limited to all walkways, curbs, driveways, drive aisles, roadways, parking.'areas, irrigation,
landscaping and other related iniprovements on the Property (the "Maintaincd Area") ',in a sighlly,
safe condition.'and first-class state of repair. The Maintained Area shall not includc anyrcstaurant
building or other building built on the Restaurant ParccL The Hotel Parcel Owner's obligation to
provide such maintenance of the Restaurant Parcel shall commence upon the completion of the
improvements to thc Restaurant Parcel as set forth in Section 2,'hereof. The minimum standard of
maintenance for the Maintained' Area shall be comparablc to the standard of maintenance followed
in other first,c1ass hotel and restaurant developments of comparable size in thc San BiegoGounty
'area. Thc Maintained .Area shall be operated and maintaines) in compliance with all applicable
<govemmenta:I laws, rules, regulatiolls, orders and ordinances, and the provisions of this REA. So
long as the"Restaurant Parcel is owned by the Poway Redevelopment Agency, thc City of Po way or
;any other affiliated public agency, prevailing wage rates shall be paid' by the Hotel Parcel Owner in
.accordance \vith Labor Code Section 1720, et seq., and its implementing .regulations. The
Maintained Area improvements shall be repaired or replaced with materials at least .eqiJal to the
quality ofthe materials being repaired or repIaccd so as to maintain the architectural and aesthetic
harmony of the Property as a whole. The Hotel Parcel Owner's maintenance and repair obligations
shall include, but not be limited to, the following:
(a) Drive and Parking Areas. Maintaining all paved surfaces and curbs. in a
smooth'and evenly covered condition, including, without limitation, replacement of base, skin patch,
rcscaling and.resurfacing.
(b) Debris and Refuse. Following construction, the periodic removal (but. in
, any event, 'at least five (5) days per week) of all papers, debris, filth, and refuse, including daily
vacuumil1g andbrooin or'bIower:sweeping, to the extent necessary to keep the Maintained Area ina
first, class; .c1eanand orderly.cQndition. All sweeping shall be at, appropriate intcrvals during such
times as shall not interfere with the conduct of business or use of the Maintained Area by thc
Grantees.
(c) Non-Party Signs and Markers. Maintaining, cleaning, and replacing 'any
appropriate directional; stop or 'handicapped parking signs; restripc parking lots and drive lanes as
necessary to majntain parking space designation and traffic direction; and keep clearly marked fire
lanes, Ioading"zones, no parking areas and pedestrian crosswalks,
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(d) Lighting; Maintaining, cleaning and rep]~cil1g Maintamed Area lighting
facilities, inclu3ing light, standards, wires, conduits, lamps, ballasts and Icnses; time clocks and
circuit breakers.
(e) Landscaping; Maintaining and replacing of all landscape pIantings, trees
and shrubs man attractivc and thriVing condition, trimmed and weed free. Maintaining and
replacing landscape pIimters, including those adjacent to exterior walls of buildings. Modifying
irrigation systems to satisfy govcrnmenlaI water allocation or cmergency requirements.
If) Common Utility Lines. Maintaining, cleaning, replacing, and repairing any
and all commo.n utility.Iincs.
(g) Obstrnctions. Kceping the Maintained Area free from any obstructions
including those caused by the saie or display of merchandise, unless such obstruction is permitted
.under the provisions ofthis REA.
(h) Sidewalks. Maintaining, cleaning and repI!,cing of all sidewalks, including
those adjacent and contiguous to, buildings located on the Property Sidewalks shall be steam
cleaned at Icast monthly and. shall bc swept at appropriate'intervaIs during such time as shall not
intcrfere with the conduct of business or usc of the Maintained Nea.
4 Failure to Maintain; Fees .and Costs of Maintenance.
(a) Allocation of Maintenance Costs. The Hotel Parcel Owner shall annually
,deliver to the Restaurant Parcel Owner a detailed maintenance budget showing the maintenance
services to be proviCled and the estimated costs of such serviccsfor- the upcoming one year period.
Such annual budget shall be subjccUothe approval of the RcstaurantParceI 'Owner, which approval
shall not be unreasonably withheld or.deIaycd. Upon the completion of the improvements to the
Restaurant Parcel as sct forth 'in Section 2 hereof, the Restaurant Parcel Owner shall be responsible
for forty percent (40%) of all maintenancc costs ofthc Hotel Parcel Owner incurrcd in maintaining
the Maintained Area in accorClance with the approved budgct(the "Maintained Area Costs"} The
Restaurant Parcel Owner shall pay thiscshare of the Maintained Area Costs on a monthly basis. The
spccific'amount payable shall be bascd on the Hotel Parcel Owner's estimate of annual Maintained
Area Costs pursuant to thc approved budget. The Hotel Parcel 0'wner shall annually deliver to the
Restaurant Parcel Owner a reasonably detailed statement showing the Restaurant Parcel Owncr's
share of the Maintained Area Costs incurrcd during the preceding year If the 'Restaurant Parcel
Owner's paymcnts during stich year excccd the Rcstaurant Parcel Owner's share ot.Maintained Area
Costs, the Hotel Parcel Owncr shall credifthe amount of suchover-payrnent against the Restaurant
Parcel Owner's future payments. lIthe Restaurant Parcel Owncr's payments during such year werc
less than the Rcstaurant ParccI Owner's sharc of Maintained Area Costs, the Restaurant Parcel
Owner shall pay to the HotcI Parcel Owner the amount of the deficiency within ten (10) days after
delivery of the statement by the Hotel Parcel Owncr
The HotelParcel Owner shall pay all costs and expense of providing all utilities used on both
Parcels in the Maintained Area, including the costand expense of all irrigation water and parking lot
and driveway lighting, The Restaurant Parcel Owner shall pay its share of such costs as set forth in
the percentage set forth in the preceding paragraph.
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(b) Failure to MaiQtain. In the event ofa:failure by the Hotel Parcel Owner or
its successors or assigns'to mainW!l.,the Maintained Area asrequir~d by ,this REA, after thirty (30)
days' written notice from the Restaurant Parcel Owner to cure such, default, the Restaurant Parcel
Owner, at its' option, shall be permitted to cure the default, or bring legal action to Jorce the Hotel
ParceL'Owner to perform. The 'amounts reasonably expended by the Restaurant Parcel Owner in
curing the default on the Hotel Parcel, or in bringing a specific performance action, shall
immediately become due.andvayable'bytheHotel Parcel Owner together with interest thereon at the
rate often percent (10%) per annum, commencing upon the date,' the Restaurant Parcel Owner sends
notice of the amount due to the Hotel Parcel Owner Notwithstanding the foregoing, the cost of
maintenance or repair work thahis otherwise. the responsibility of the Restaurant Parcel Owner shall
not be charged to the Hotel ParceI:Owner.iulder any circumstance.
5 Use Restrictions.
(a) Uses. No part of the Property may be used for other than hotel, restaurant,
retail and commercial uses as permitted by the South Poway Specific Plan and any othercapplicable
City requirements. Without limitation upon the foregoing, .rio use or operation will be made,
conducted or permitted on or with respect to all or any part of the Prqperty,'which use or operation is
obnoxious to, or. out of harmony with, the development or, operation of hotel, restaurant, retail 'or
commercial uses and facilities, incll!ding but not limited to, the following:
(i) any public or private nuisance;
(ii) any noise or sound that is objectionable due to .intermittence, beat,
.frequency, shrillness or loudness;
(iii) any obnoxious odor;
(iv) any excessive quantity of dust, dirt, or fly ash; provided, however,
this' prohibition shall not preClude the sale of soils, fertilizers, or.other garden materials or building,
materials .in containers if.incident.'to the operation of a home improvement or general merchandise
store;
(y) any fire, explosion or other damaging or dangerous hazard, including
the storage, display or sale of explosives or fireworks;
(vi) any disti1lation (except for a inicrobrewery assoCiated with' a
restaurant use, or similar operation), refining, smelting,. agriculture or mining operations;
(vii) any mobilehome or trailer court, labor camp, junk yard, stock yard or
animahaising;
(VIii) any drilling for and/or removal of subsurface substances; provided,
'however,. tharslannirilliilg' is permitted so long as no drilling equipment is located upon the surface
of the Property;
(ix) any dumping of garbage or refuse, other than in enClosed receptacles
intended' for such purpose;
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DOCSOC1I170530v1O!022345-0101
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(x) any cemetery; mortuary or similarservice' establishment;
(xi) any car washing establishment;
(xii) any automobile body and fender repair work;
(xiii) any skating rink, bowling alley, teenage discotheque, discotheque,
dance hall, pool room, massage parlor, off-track betting facility, casino, card club, bingo parlor or
facility containing gaming equipment;
(xiv) any fire sale, flea market, bankmptcy sale (unless pursuant to a court
order)-or auction operation;
(xv) anY'automobile, truck, trailer or recreational vehicle sales, leasing or
,display which is not entirely conducted inside of a building;
(xvi) any bar, tavern, restaurant or other'establishment whose al).nual gross
.revenuesfroin the sale of alcoholic beverages for on-premises consumption exceeds fifty percent
(50%) of the gross revenues of such business, except for a microoreweryor wine bar associated with
a restaurant use or similar operation;
(xvii) any'. school, training, educational. or day care facility, including bllt
not limited to: beauty schools, barber colleges, nursery schools, diet centers, reading rooms, places of
instmction or other operations catering primarily to students or trainees rather than to customers;
(xviii) any church, synagogue, mosque or other place of worship;
(xix) 'any apartment, home or other residential use; and
(xx) any industrial use.
(b) Nuisances. No noxious or offensive trade or activity shall be carried on
within the Property, nor shall anYthing be done thereon which, in the reasonable determination of
any Owner, may be, or may become, an annoyance or nuisance to the neighborhood, or which shall
in any way interfere with the quiet~njoyment by each of the Owners of its respective Parcel, or
which shal1'in any way increase the .rate of'insurance for any other Parcel. No uses shall violate the
nuisance provisionsofthe Poway Municipal Code.
(c) Signs. AIl.signs on the Property, including, but not limited ,to, advertising,
building identification and directional signs, shall be-in conformance with the standards set forth in
the Poway Municipal Code.
(d) Unsightly Items. .All weeds, mbbish, debris or unsightly material or objects
of any kind shall be regularly removed from the 'Property, at the sole expense of the Owners of the
respective.Parcels, and shall nor be allowed to accumulate thereon'. -All refuse containers, trash cans,
Wood piles, storage, areas, machinery and e9uipment shall be prohibited upon the Property except in
accordance with mles adopted by the parties to this REA.
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(e) Mineral Exploratioll. No oil' development, oil refining, coring or mining
operations of'any kind shall be permitted upon or in the Property,; nor shall oil wells, tariks, tunnels
otmineraJ e)'cayations or.shafts be permitted upon the surface of the Property or within five hundred
(500) feet,below the surface of the Property No derrick or other,stmcture designed for use in boring
.for water, oil, fiatura1.gas or other minerals hall be erected, mainiained or permitted on the Property
(I) Compliance with Governmental Regulations. Nothing herein 'col}tained
shall be deemed or constitute approval of any use which is inconsistent with City ordinances or the
other provisions of this REA.
6. Reservation of Rights. Each Owner reserves the right to eject or cause the ejection
from the Ease'iliefit..Areas or "the 'Parking Spaces on its portion ohhe Property of any. person or
persons not authorized, empowered, 'or privileged to use thesa'!pe,pursuant to the termsof:this REA,
'and to close Off portion,s of the Ea.sement Areas or the Parking Spa'ces on its portion of the Property
forsuch reasonable period or periods of time as may be legally necessary to prevent the acquisition
of prescriptive rights by anyone. Each Owner retains any and all rights not specifically granted
hereil1, in~luding witl10ut limitation (i) any and all rights which are not directly incompatible ~lth
the easements granted herein, and (ii)"the right to grant easements to other third parties over, under,
and through the Easement Areas or Parking Spaces affecting its portion of the Property for any
purpose,jncluding without limitation, rights of way for similar. uses and utility easements, provided
the use ofthe easements as provided herein is not hindered or impaired.
7 Insurance. Each Owner at its sole cost and expense, shall obtain and keep in force
,at.alnimes the.following poiicies of insurance:
(i) A policy or policies (which may' bea combination of pril11ary
coverage,and umbrella policies) of commercial general liability insllf,\lnce, with Two Million Dollars
($2,000,000) combined single limit and Two Million Dollars ($2,000,000) generiil aggregate,
providing' coverage for, among other things, blanket contractual liability, premIses,
products/completed operati~ris and, personal injury coverage and naming the Owner of the other
Parcel as an additional insl!red;
(i,i) A policy of "all-risk" coverage insurance against loss or damage to
the improvements in.the' Maintairied Area from fire; windstonn., and hail and damage by such other
further and additional risks as may now or hereafter be em"raced"by'the standard '''all-risk'' form of
insurance policy; with,c1aims to be settled on a full replacernent,cost basis; and
(iii) Workers' compensation insurance in form and amounts'requitedby
law
Each;Owner ofa.Parcel agrees to use proceeds from insurance covering the' Maintained Area
to repair prbfuptl:;"any damage.to the Maintained Area improvements, following any casualty; Ilnless
otherwise required by a lender.that holds a Secnrity Instrument (defined below) encumbering such
Parcel.
Eacl1:0wnerof'~.Parce],shall provide.theOwner ofthe other Parcel with a copy or certificate
of the .insurancepolicy or policies required to be carii1,d hereunder within ten (1 0) days !Jf the
9 .
DOCSO.CIII70530v J 01022345'U I 0 I
. .
10078 '.
recording; of this Agreement and within ,thirty (30) days fQIlowin,g any change in the form or
suhstance'of such po1,cyjncluding'any change in the insurer the[efor
8.. Estoppel Certificates. Each Owner agrees tj'lat within thirty (30) days following
receipt of a written request (which shall not be more frequerit than three (3) times during any
calendar year) of the other OWner, it will issue to such Owner, or its prospective mortgagee or
sUccessor, an estoppel certificate,stating to the best of the issuer's knowledge that as of such date:
(a) whether it knows of any default under this REA by the requesting party, and
if there are known defaults,specityin,gthe nature thereof;
(b) whether tliis'~f\.has been assigned, modified or amended in any way by it
and if so, then stating the nature thereof;aiid
(c) whether this REA is in full force and effect.
Such statement shall acCas,a waiver of any claim by theparty furnishing it to the extent such
claim.,is.bilsed upon facts contrary'to those asserted in the statement-and to the extent the claim is
asserted against a bona fide encumbrancer or purchaser for value .without knowledge of facts to the
contrary of those contained in, the ,statement, and who has acted in reasonable. reliance upon the
statement. The issuance of an,estoppd certificate shall in no eV,ent subject the party furnishing it to
any liability for the negligent or inad'vertentJailure of snch party to disclose correct and/or relevant
informi!tion, nor sha]]..such issuance be construed to waive any rights of the issuer to challenge acts
.committed by'the other party for which approval by the other party'was required but not,soughtor
obtained.
9 Indemnification,' The Owner of each Parcel :(the "Indemnifying Owner") hereby
agrees to, indemnifY, defend; ~aveand hold harmless the other Owner and.,its respective officers,
directors,partners, shareholders,ag~nts,and employees (collectively; the "Indemnified Parties") from
any and all iiability, damage, injUry, death, loss, penalty; expense, cause of action, suit; claim,
proceeding, 'fine' or judgmeni'(includingreasonable attorneys' fees and costs) arisingfromor,relating
to the use of the Easement AreasorParking'Spaces by the Inderimifying Owner and/or its Grantees,
except to the extent caused by the interitional act or gross' negligence of the Indemnified. Parties.
Notwithstanding the foregoing, each Owner hereby releases and relieves the other; and waives its
entire right of recovery,againshhe other, for direct or consequential loss or damage arising out of or
.incidentto'the perilscovered',by property insurance carriedcbysuch Owner (or required to be carried
by such 0wner llnder this Agreel11ent), whether due to the, negligence of such Owner or ,such
Owner's agents, employee's, contractors, tenants and/or invitees. Any claim for which
indemnification .is available shall be defended with legal counsel reasonably satisfactory to tlie
il1demnifieg'party or selected.by its insurance carrier.
10, Bin.dingCovenants. The Owners intend that the covenants, conditions, and
restrictions contained herein shall be enforceable as equitable servitudes and shall constitute
covenants, the bUrdens. and benefits of which shall 'run' with the land and bind successive owners all
- .. -. .-
within the: c,ontemplation and for the purposes of Section 1468 of the Civil Code of the ,State of
CalifoITlia a~d ,therefore declare'that the covenants ofthe Owners herein to do or to refrain from
doing something; on the Property (a) are for the benefit ofthe other Owner's Parcel, (b) mn with the
Restaurant Parcel and the Hotel Parcel, and (c) shall, except as proyided in Section 1466 ofthe Civil
10
.DOCSOC/I 170530v10/022345.0101
. . .
10079
Code:of the State Of California, or as specifically provide9herein'.and;notwithstanding the provisions
of Section 1465 of the Civil .Cod" ,of the State of California, benefit or be binding upon each
successive o:wner, dllring'itsiownership,of any portion of the' Property' and .upon each person having
any interestJthereiu derived from any Owner thereof. the Owners expressly intend the Easement
Areas and Parkirig Spaces to be separate and apart from .the Owners' fee interest in the Parcels and
such Easement Areas and Parking Spaces shall not be merged with the Owners' fee interest in the
Parcels under Section 811 of the California Civil Code.
11 Attomeys' Fees. In the event of any dispute between the parties hereto involving the
performance or interpretation of the covenants or conditions contained in this REA or arising out of
the subject rnattef'of.this REA, the prevailing party shall be entitled to recover reasonable attorneys'
fees, expert witness fees, expenses, and costs, including costs on appeal.
12. Sale of Fee Title. In the event any Owner shall convey its fee interest in all or any
portion of the Property, the conveying Owrier shall be automatically freed and released from and
after the date of such transfer Of conveyance of all liabilities, respecting the performance of the
restrictions, covenants; or conditions contained in this REA ,.thereafter to be performed with respect
to that portion of th" Property which is conveyed, and the new Owner shall be liable from and after
the date of such transfer or conveyance, it being intended that the restrictions, covenants, or
conditions contained in this REAshallbe'binding upon the Owners ofthe Property affected hereby
only during such time as they own. the same, provided that the conveying Owner shall remain liable
for any 'actions taken prior to the date ,of the conveyance. The Hotel Parcel Owner shall reasonably
.considerany amendments to this REA which are requested by the proposed initial purchaser of the
Restaurant Parcel, including, without limitation, the addition of Exclusive Parking Spaces on the
Restaurant Parcel. The following, amendments shall not be considered reasonable requests, and the
,Hotel Parcel Owner may withhold consent in the Hotel Parcel OWller's sole discretion to (a) any
change~to.the Site Map of the Restaurant Parcel that will (i) reduce the number of parking spaces
available' to the Hotel Parcel Owner, (ii) move the Parking Spaces set fOlth in the Restaurant Parcel
to make them significantly less accessible to the Grantees (as determined in the Hotel Parcel.
Owner's reasonable discretion), (iii) significantly increase the size or materially change the shape of
the building footprint set forth ih theSite Map for the Restaurant Parcel, or (iv) the addition of
Exclusive Parking Spaces for the benefit ofthe Restaurant FacilitY on any of those parking spaces on
the Restaurant Parcel located immediately adjacent to the Hotel Facility; or (b) significantly modifY
the requirements set 'forth in Section 3 or the use restrictions set forth in Section 5
13 Mortgagee Protection. No breach or'violation of the provisions of this Agreement
shall defeat or renderiirivalid the'!ien of any mortgage, deed oftrustor similar instrument securing'a
loan made in,good faith and for value by a mortgagee or lender (each a "Security Instrument") and
secured by anyportionof a Parcel; and no provision ofthis Agreement shall supersede. or any in any
way reduce'the,security or effect or validity of any such Security Instmment; provided, however, that
if any portion oQhe applicalile Parcel is sold under a foreclosure of any such Security Instrument (or
byd.eed in lieu' thereof), any purchaser at such sale (or any purchaser pursuant to any such deed in
lieu), and ,the successors ,and assigns of such purchaser, shall hold any portion of the applicable
Parcel so purchased subject to all of the provisions of this Agreement, except that such purchaser
shall acquire fee .title free and clear of any unpaid amounts or any defaults or violations' by its
predecess.or oftne .terms, of tliis Agreement occurring prior to such transfer of title but shall liable for
curing any continuing non-monetary'defaults.
II
DOCSOCIlI 70530vl 0/022345.0101
. .
.,
10080
14 Nondiscrimination. There shall be no discrim}nation against any person, or group
of persons ,or account ofrace, color, creed, religion, sex, maritaJt. status, age, handicap, ancestry or
nati()nal origin, in tl1e sale, lease, snblease, transfer, use" oc'cujiaricy, tenure or enjoyment of the
Property, nOFShall eitherparty itself or any person claiming under or through such party, establish or
permit any such practice or'practices of discrimination or segregation with the reference to the
:selection, location, number, use or occupancy of tenants, lessees,:subtenants, sublessees or vendees
of the Property and/or the improvements thereon.
15 Recordation of REA. This REA shall be recorded in the Official Records of San
Diego County, California, arid shall serve as notice to all parties succeeding to the interest of the
parties hereto that their use of the Property shall be benefited and/or restricted in the manner herein
described.
16, Entire Agree~ent; Amendments. Except as, otherwise set forth herein, this REA
contains the entire agreement of the parties hereto relatirig to the rights herein granted and the
obligatiorishefeifi assumed. Any oraL representations or modifications concerning this REA shall be
of no force and effect, excepting a subsequent modification in writing, signed by all parties to this
REA and recorded in the Official Records of San Diego Couhty, California.
17 Enforcement. Except as specifically limited by the terms of this REA, any party to
this REA ,shall have the right' to. enf()rce, by proceedings 'at law or in equity, all restrictions,
conditions, covenants, easements,and reservations now or hereafter imposed or created by the,
,provisions of this REA, or any.amendment thereto, including.the:right to prevent the violation ofany
.such -restrictions, conditions, covenants, easements, or reservations and the right to recover damages
'for such violation.
18. Cumulative Remedies. All rights, options, and remedies of the parties under this
REA are cumulative, and no one of them shall be exclusive of any other, and the parties hereto shall
'have the righUopursue any' one or all of such rights, options, and remedies, or any other remedy or
reliefwhich may be provided by law, whether or not stated in this REA.
19 Applicable Law. The laws of the State of California shall govern the interpretation
and enforcement of this REA.
20 No Waiver. Failure by any party hereto to enforce any covenant, condition or.
restriction herein,'contained, shal1. not' be deemed a waiver of such right on any such future,breach of
the saine.or'any other covenant, condition, or restriction contained herein.
21 Severability. If any clause, sentence, or other portion of the terms, conditions,
covenants and restrictions of this REA shall become illegal,. null, or void for any reason, ,or, be'held
by a court of competent jurisdiction to be so, the remaining portion will remain in full force and
effect
22. No Partnership. The Owners shall in no event be deemed to be partners of one
another by reason ,of the terms of this REA.
23 Notices, Any notice which any Owner may desire to give to the other Owner must
be in writing and may be given by personal delivery, by overnight cqurier delivery or by mailing the
12
DOCSOCII170530v I 0/022345.0 1 0 I
.' .
10081
-same by registered or certified maii, -return receipt request~d, to the<party to whom the notice is
directecl at the address of..suchpaJiy'li~reinafter set forth, or absuch other addresses as the parties
may hereinafter desigmte in,writihg., Upon the initial sale of.the,Restaurant Parcel, the Agency shall
provide to the Hotel Parcel the name and address of ,the new Restaurant Parcel Owner, and all
notices to the Restaurant Parcel Owner shall'thereafter be directed to such address. Any'notice given
by mail shall be deemed given forty-eight (48) hours after such notice is deposited in the United
States Mail, addressed as provided, with postage fully prepaid; notice by overnight courier service
(e.g. Federal Express):shalLbe'deemecl given the next business day after deposited with the courier
servIce.
To the Agency' Poway Redevelopment Agency
13325 Civic Center Drive
Poway, California 92064
Attention: Redevelopment Services Director
To the Hotel Parcel Owner Ocean Park Hotels - PWY, LLC
27441 Tourney Road, Suite 220
Valencia, California 91355
Attention: James M. Flagg, President
24 Warranty of Authority. The Agency hereby represents and warrants to the Hotel
Parcel Owner that (iJ, it is the legal owner of the RestauranLParcel and (ii) it has full power and
.' authority to place the lien of this REA on the Restaurant Parcel. The Hotel Parcel0wner hereby
:representsand warrarits to the Agency that (i) it is the sole legal O\~l1er of the Hotel Parcel and (ii) it
has full power and authority to place,:thelien of this REA on the Hotel Parcel.
25 Counterparts. This REA ,maybe executed inany number of counterparts, each of
which shall be deemed to be an original, but all of which together. shall constitute one and the same
instrument.
13
:DOCSOC1I170530vl 0/022345.010 I
. .
10082
IN WITNESS WHERE0F, the parties hereto have execllted,this REA as of the date and
yearfirst.above written.
AGENCY:
POWAY REDEVELOPMENT AGENCY, a public
body, corporate and politic
BY'~~
Rod Gould, Executive Director
ATTEST:
)g;.~
/ L.'~, lane 'Shea, Agency Secretary
.::"":' ~
:'''':oo..~
--
:.- -""'
;,~'A PROVED AS TO :
~.... - --
.... -'. ..
------
!
'S adling Yocca C1r on
Agency Special Couris
HOTEL PARCEL OWNER:
OCEAN PARK HOTELS - PWY, LLC, a
California limited liability company
BY' ~X~
James M. Flagg, Manag~
14
DOGSOC1I170530v10/022345.0 10 1
. .
10083
EXHIBIT A
PARCELl (RESTAURANT)
BA 01Hl3
A.P.N.323481-t7
PARCEL 1 OF PARCEL MAP,N0.II 99S4, IN THECITYOFPOWAY, COUNTYOr: SAN
DIEGO, STATE OFCA,LIF9~& A~ORD!N() TOP~CEI,MAPTHEREOF FILED IN
THE 0FF1CE OF THE COUNTY"RECORDER OF SAN DIEGO COUNTY, l'YlARCH'2t, 2006,
AS FILENO, 2006'{)192773'Op'OrnClAL RECORDS.
EXCEI',TL."iG 11ffiREFROM THA TPORTION OF SAID PARCEL1DESCRIBED'A.S
FOLLOWS,
BEGINNING AT THE,NOIfrHE'ASTCClRNEROF SAID PARCEL 1. THENCE ALONGTI!E
EASTERLYBOtJNbARY,OFSAlllPARCEL 1 SOUTHOI~35;56" WEST, 61.08 fEET,
THENCE,NORTH 8So:M'04'.' W~ST',17.00 fEET; TIIENC,E ~OUTHOl035'56" WEST, 102.92
FEET; THENCE NORTII,88024'Q4" WEST, 45.09 FEET; ,THENCE TO NORTHERNl. Y
BOUND,ARYOFSArOPARCITh I,NORll1 01"35'56" EAST, 164.00 FEET; THENCE
SOUTH 88"24'04" EAST, 62.09 FEET TO pOINT OF BEGINNING.
TOGll:~R WITH APOR,1)o.N OF PARCEL 2 OF SAIDP ARCEL MAP NO 19954.
DESCRIBED AS FOLLOWS,
BEGlNNlNG,AT SOUTHWEST CORN.I~ROF SAlDPARCEL 2. THENCE ALONG
~~Y BOUNDARY;:OFSAIDPAAem.. I, NORTI! 0lG4i ;3Q"EAST, 109 79 FEET;
THENCE NaRTI! 8801S'30" WEST, 6.00 FBET; THENCE NORTH 01041'30" EAST, 72.09
FEET;THENCE:NORTH~8024;04"WBST, 41.16 FEET; TIU:;!'iCE NORTH 01"35'56" EAST
38.92 FEET. THENCESOUTII88024'04" EAST, 62.83 FEET;,THENCE INTO A
NONTANGENT i:::uRYEOFJ~APIl,JS 6150 FEET WITH J\.CENfER AT A BEARING
SOUTH21~52'41"WEST,'DISTANCE61.50, WHHADELTAOF 0059'12"; THENCE
SOUTIlOl03S'56" WEST, 2IS':17FEIIT; THENCE NORTH S80 19'OO" WEST. 27,48 FEET TO
POINT OF BEGINNING.
TOTAL AREA IS 1.23 ACREs, MORE OR LESS.
PREPARED BY
~~//-.M':~(.?jr
WILl.,lAM ,-N, RCE33730
-
Exhibit A
DOCSOCJl.170530vlII022345'0101
.' .
10084
EXHIBIT B
PARCEL 2 (HOTEL)
BA (l6.QJ
A.P.N.323--4llJ.lS
PARCEL 2 OF PARCEL MAP NO; 1!I954,1N '\'HE CITYOFPOWAY, COllh'TY OESAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP 11lEREOFFILF.D IN
THfOI'FlCE OF '\'HE coiwrY RECORDER OF SANDIBGb ciJYNfY,'MAROf ZI, 2006,
AS I'lLE NO. 2006-0192773 OFOFFlClAL RECORDS.
EXCEl'TING THEREFROM THAT PORTION OF SAID PARCEL 2 DESCRIBED AS
FOLLOWS:
'I:IEGINNlNG'AT.SOUTHWEST CORNER-OF SAID PARCELi; tHENCE ALONG
\VES'ffiRLy BOuNDARYOJ.' SAn) PARCEL I, NORTH i:ll 64 1 <,0" EAST. 109.79 Fb'ET,
THENCE NORTH 88"1 S'30" wEsT "6.00 FEET; THENCE NORTH 0\"41 '3{)~ EAST 72.0!>
_ " . _, ,,' .",,,' _ ,,,~_'"'' ..- ,.- . _ ~ ,.-""" . "', ", ' . .'"
1'E1IT;.1'HENCENORTH811"24'04" WEST, 41.16 FEET'; 'ffiENCENOR11f 01"35'5<)' EAST
38.!>2l'EE"r; THENCE soUTH 8g~'04" EAST, 6~83FEET; THENCIHNTO A
NOh'TANGEI'.'T CURVEOFRADlUS 61.50 FEET WITH A CllNTER AT A llEARlNG
sbu'rn 21"S2'41" WEST, DISTANCE 61.50. Wrrn A DF.,I-TA 'OF 11'59'12"; THENCE
SOUTH () 1"35'56" WEST, 2 t5:ffF/ffiT; .'fHE!IICE NORTH 88019'OO~ WFST, 27 48 FEET TO
POINT OF BEGINNJNO.
TOGETHEIlWYllfA p()RTION OF PARCEL 1 OF SAID PARCEL MAP NO. 19954,
DESCRlBEDAS FOLLOWS,
ll~lNNXNG Al'THE N!?it"I'l-!WT CORNER OF SAID PARCEL \1;' TItliNCB ALONG THIl
flASTl::RLYiBOUNDARY 9~.SIUD PARCEL I sourn Oe3S'56',' \'Il!;,QT,6UI8 FEET;
TIffiNCE NORTII S$"24'Q4" WEST FOR 17.00PEET' 'n!ENCE SOUTH 01035'56" WEST
102.92 l'ffiIT; TIIENCE NORTH8ll"24'Q4~WEsT, 4S~09 Fllh'T;,1'HENCE TO '
NORTiiERNLY BOUNDARY OFSAIJ) PARCEL l. h'ORTII 01.3S~56~ EAST, 164,0(1 FEET;
TIIENCE SOlITH 88"'24'04~ EAST, 62,1)9 FEET To POINT OFBEGlh'NING.
TOTAL ARE.....IS 2.96 ACRE. MORE OR LESS.
PREPAREJ) BY:
Exhibit B
DOCSOCII170530v 11/022345-0 1 0 1
I II PARCEL 'A'
: \! i~ ..t
" I
I \ 100 .. dfampfmv
~ III" <ff1UV&.OuiUtJ"
00 1
c;p '1' I I HOTEL ADDRESS
o ,I .t- I 14068 STOWE DRIVE
...Ii . 1 POWAY, CA 92064
, ,
<=>' i ! RESTAURANT PARCEL.
/1 II : PARCEL 1 (A)
II : I 0 PM 19954
. 1 ~ II I I APN 323-481-19
',,'1 0::: 1'1 I HOTEL PARCEL.
;;. . 0 I! PARCEL 2 (8)
';8 Iii PM 19954
I I W 'I,; APN 323-481-20
OJ " . ,.,
-l-l II, > ,I[ ..
.r-\ ,> Hi
(j) II 0 [Ii '"
u ji I- I' L~' .....r- I
I' ClJi! I' 1= I
E 1:\ ' I I Ii: I
~ II \ ! I RESTUARANTI
~ I' \ I PAD 1\1
li\ I I I I
eil \ I L_~ I I
[) I, I I
J ",,- " PARCEL 'A' TPARCEL 'B'
I -\ '-,
i ":=::~>'?'-'=:~:~;;;;,=~- .."----:.;~-..;;::~-~-~~~-=~~=-=~--=-~.=--~~--- --~-:=~~--=--~-~~-=- "'''''.- ~~~~~~~~- - -t:
0'
,
I SCRIPPS POWAY PARKWAY
,
<E---. -- - <E--
1333 Wesl B~dway Road, Suite #101
Tem'~. Arizona 85282
~hone: (602) 283-1~2Q
Fax: (602) 283-1621
I PARCEL 'A' PARCEL'S'
- -- -- -- -- -t
o. UfamptlJfu
.. .
, . <51UV&.0ui/etJ .
CO I .. .
I .
00 . I HOTEL ADDRESS.
0 .
I,... . I 14068 STOWE DRIVE
0 . POWAY. CA. 92064
...-I .
GJ 0 RESTAURANT PARCEL
. PARCEL 1 (A)
.
. PM 19954
W . I APN 323-481-19
. > .
I . J HOTEL PARCEL
0:: . PARCEL 2 (8)
0 .
I . PM 19954
W . APN 323-481-20
8 I
.. S I .
Q .. il .
... 0 ..
C .S . I
=Q l- I . SYMBOL LEGEND: '"
I~I . I -
.... ... I Cf) I I :;s
~~ I . . INDICATES DEDICATED :E
I I . HOTEL PARKING ><
, I "'
~ .. I
.. .
~ I RESTUARANTI ., ijI .
.
PAD .' . N
I ijI .
I I I ',.-.' J
I I .
- . I
. I L_~ 0 .
I I 0
~
"- '^
PARCEL 'A' PARCEL'S' "
..,
I N
0 N
%"
t ;;:
0
..,
SCRIPPS POWAY PARKWAY '^
0
~
I - U
l[- It. 0
'"
I I' 1333 West BroadWay Road, SUIte'101 U
Teriipe, ArimI\a 85282 0
_: (602) 2""820 '"
Fax: (602) 283-1621
. · 10087
EXHIBIT E
No Build Area
I I Z Z
, . 0 0
I \ ..
j . Ol Ol
;' "-""-.,, .....'...".... .r..;, ;.....,e,............. ........_.... .... .",
r::J r::J
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,_. n <':.::~=~~=:~;:'^":'~~.:~~~'_;:~-;.:;c...-::-:'7.-"_,.. '--;"'"'~:Af:;---=-'" -- - - ._-, .-- -. n_....
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u . . . . ...._.. '.~,_"" 'u'-_ ^~,
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, ,
1 fi
I ,Ii
Exhibit E
DOCSOC/1170530vii/022345..0 1 01
,
. .
10088
CALIfORNIA ALL.PURPOSE ACKNOWLEDGMENT
f$rh~~M=^'=~ ~-.... ....",.,.~r:s&~~~~ -'^~_._-~--:~
State of California ~
County of ~
On ~/o,..:J ~O7, before tf!t. .
Date
personally appeared
Name(s)'of Signer{s)
~allY known to me
D 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
I L. DIANE SHEA J he/she/they executed the same in his/her/their
_~. Commls5lon# 1529437 authorized capacity(ies), and that by his/her/their
i Notary PubIlc . Call1omIa ~ signature(s) on the instrument the person(s), or the
i . Mvec:.:.=.=,~ entity upon behalf of which the person(s) acted,
_ _ _ _ _ _ _ _ _ _ _ executed the Instrument.
Place Notary Seal Above
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'to.rm to another document.
Description of Attached DocumenJ1 ~ _ _ _ /l
Title or Type of Document: ~~ L4<z.e~ u...r "e l'-."..::::f=
Document Date: ~ /;0 /0 7 Number of Pages: /1
, /
Signer(s) Olher Than Named Above: -
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual 0 Individual
o Corporale Officer -Tille(s): 0 Corporate Officer - Title(s):
o Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney in Fact TiOP~f thumb here 0 Attorney' in Fact
Top of thumb here
o Trustee 0 Trustee
o Guardian- or Conservator 0 Guardian or Conservator
o Other' 0 Other'
Signer Is Representing: Signer Is Representing:
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@2004 National Notary Association. 9350 De Solo Ave PO. Box 2402. Chatsworth, CA 91313-2402 Ilem No. 5907 Reorder: Cal! Toll-Free 1-800-876-6827
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. 10089
STATE OF CALIFORNIA
COUNTY OF C}) (\ 'Dl"-9D
On -3ef>\- Cl\ , ()OD7 , before me, Sherr~t' b. \),)rJrrpt/ , Notary Public,
(Print Name of Notary Public)
personally appeared '"00. m ".." M. ~la.jj
0 personally known to me
-or-
Ell-- proved to me on the basis of satisfactory evidence to be the person(p:j whose name0') @are
subscribed to the within instrument and acknowledged to me that @shefthey executed the same
i~/herfthe.ir authorized capacity(ies); and that bydi)l.;/1j~,itfl8i,. signature(s:l on the instmment the
person'ts},-or the entity upon behalf of which the personW acted, executed the instrument.
.8 SHERRIE D. WORRELL I WITNESS my hand and official seal.
. Commlulon fI 1763711 LQv~
I Notary Public ' Call1omla I ~
J_~~~_~~~.Ij
Signature Of NOlary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattaclunent of this form.
CAP ACHY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
~ Individual
0 Corporate Officer
Title(s) J e.(l. ~ prOc.a j Eo. '=,.e fr')(.!()i- Agm+
Title Or Type Of Document
0 Partner(s) 0 Limited
0 General
0 Attorney-In-Fact 62\
0 Trustee(s)
0 Guardian/Conservator Number Of Pages
0 Other:
Signer is representing:
Name OfPerson(s) Or Entity(ies) ,4~9 ID. ao07
Date Of Documents
JOe!. GOuld
Signer(s) Other Than Named Above
DOCSOC/1214660v3/022345.0 1 0 1