Addendum to Covenants, Conditions & Restrictions 2002-0922664
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RECORDING REQUESTED BY ) tbC'T '22., 2002 2: 04 PM I
· Af>jDWHEN RECORDED RETURN TO' ) II ,IFFICIJlREiIJRDs. , i
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POWAY REDEVELOPMENT AGENCY) ""rmoRV'J.SIIITH,CllIfTVRIDmR ,
13325iCivic Center Drive ) FEES: 0.00 !
. r powaY:CA 92064 ~.~ 1I11~1~1I11111~II~MIIIIIII .0._
fbl~ \::fYCjfi,llf.,.(, ) .._._ _ " ...:IOQ2.,09226.64..c.,,,. ..~c;
JJ\f. This document is exempt from arecording!ee pursuant to Gov!. Code 96103
~ ADDENDUM TO COVENANTS. CONDITIONS AND RESTRICTIONS
\ 1 This Addendum to Covenants" Conditions and Restrietionsshall hereinafter be
referred to as Estoppel Certific.at~and shall have the legal effect of an estoppel
J:;ertificate The undersigned Poway RedevelopmenfAgency, a public body, corporate
and politic ("Agency") is the.owr:ler oheal property located at the Northeast-corner of
..Scripps Poway Parkway and, Stowe Drive in the City of Poway and legally described as
Lot 22 of the City of Po way Tract87 "13, Uriit2, Parkway Business Centre, in the
City of Po way, County of San'~Dlego, State of California, according toMap thereof
No. 13410r filed in theOffice.ofthe San Diego County Recorder on April 8,1997.
The foregoing legally described real property is hereinafter referred to as the "Site"
2. Agency is a party'to that certain Memorandum,orOwner Participation Agreement
and that Agreement Affecting Real Property as defined in Paragraph 5 hereinbelow
(collectively, the "Agreements;'), by and between Agency and McMillin 4S Business
Park Inc. ("Participant") concerning the development, use, and operations of
improvements upon the Site.
3. The covenants and requirements set forth in the herein referenced Agreements were
to ensure implementation of-tlie Paguay Redevelopment Plan, were for the benefit of
the Poway Redevelopment Agency and the City of Poway; apply to, and are or were
personal obligations of, Participant and its assignees accepting the assignment of said
covenants and requirements; said covenants and requirements do not run with the land
4 Agency, as fee owner of the Site, entered into a.Disposition and Development
Agreement ("DDA':rwith Waterford DevelopmentC:ompany, LLC, dated January 29,
2002, which DDA establishes certain covenants and reguirements that supercede those
set forth in the Agreements and by which Agency plans:tb convey title to the Site
5 Waterford Development Company, LLC is not bound.to those obligations set forth
In.
a. Memorandum of Owner Participation Agreement recorded April 8, 1997 as
FileNo 1997.0161588 of Official Records, executed by and between the Poway
Redevelcjpment Agency, a public body, corporate and politic, and McMillin 48
Business Park, Inc., a California Corporation; and
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b Agreement Affecting ReafPropertyrecCltdedAprilB, 1997 as File No. 1997-
0161589 of OffiCial Recordsiexecuted l:iy and betweenpoway Redevelopment
AgencYi apublic body, c9rporate and poli~ic".and McMillin 4S Busir:less Park,
ltJc., a California Corporation, and a Document(s) declaring modifications
thereof recorded March 4, 1998 as File No. 199BcO,116037 of Official Records.
6. 'Notwithstanding any legal authorities to the contrary concerning the doctrines of
waivepandestoppel as appllEi!d to public entities and the actions or inactions of public --
'agencie.s or p!.lblic agency officers and officials, Agency acknowledges and agrees that
.Wcitefford Development Company, LLC and its successors and assigns to all or any
interest in the Site is relying upon the contents of this Estoppel Certificate and the
Agency's execution h~reof and the recordation hereof, and that in consideration of such
material reliance AgencyshaU riow'and forever be estopped from denying the validitY of
this Estoppel Certificate and Agency knowingly and expressly waives any such claim or
defense.
7 The person executing Ibis Estoppel Certificate on, behalf of the Agency represents
and warrants for the benefit ofWaterford Development Company, LLC and its successors
and assigns to'all or anyinterestin the Site that'(i) Agency is duly organized and existing,
(ii) the person executing this Estoppel Certificate is duly authorized to execute,and deliver
this Estoppel Certificate on behalf-of Agency, (iii) the Agency has taken such formal action
of its governing board as may be required by law to bind the Agency and that the Agency
. is formally bound to the provisions of.this Estoppel Certificate, and (iv) entering into this
Estoppel Certificate does not violate any provision of any other agreement to which
Agency bound.
Dated: /D/~ ,2002 OWNER
/ POWAY REDEVELOPMENT AGENCY, a
public body, corporate and politic
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[Notarial acknowledgment attached]
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STATE. OF CALIFORNIA )
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COUNTY OF SAN DIEGO )
On ..QQ;mbQ.f" 'is ,d,{)O,;;;l, , before me, 61 :~be~ E bea IV J n Oi-Cli<.~"i pu.'oh"
personally appeared "',}a VY\ e.S L. ';OLU Q.('SQ)L
personally known to me (orp",vPrl In mp OI'J. tI:lljleagig Qf ooliofoPlnry evide~ to be the
person(~ whose name(sj is/are-subscribed to the within instrument and acknowledged to me that
he/sh,jtl,,,! executed the same in hisl!:lerlt!:lgir authorized capacity(i~, and that by hislhlJr.4:hcir
signature( 50) on the instrument the person( ~ or the entity upon behalf of which the personEs-)
acted, executed the instrument.
Witness my hand and official seal.
~~
Notary bile
[SEAL] liij- -~;';';.I
Commls.lon II 1,256219 z
. Notary Public - Califomla ~
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@ ElIZABETH F DEAN
Commission' 1256219
j' Notary Public - Cal/fomia ~
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