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Termination of Regulatory Agreement & Declaration of Restrictive Covenenats 1989-015306*4; 0 1877 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK 'CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 8.9 0 1 5`3 6 r ,. OF 89 AN I I FM 1 1: 34 L VERA L. LYLE SCUHTY E:f CCIP.DER TERMINATION OF REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS if This TERMINATION OF REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (the "Termination ") is made and entered into as of January lo, 1989, by and among the Poway.Redevelopment Agency ( the "Agency "), Seattle -First National Bank, as Trustee'(the "Trustee ") and Poway Congregate Care Joint Venture (the "Developer "). _ WHEREAS, on December 30, 1985, the Agency cy issued $10,000,000 Poway Redevelopment Agency Multifamily Housing Revenue Bonds (Sycamore,Springs Project), 1985 Series A (the "Bonds ") pursuant tot he. provisions of a certain Trust Indenture dated as of December 15, 1985 between the Agency and the Trustee (the "Indenture ") to provide permanent financing for a 130 -unit multifamily ren- tal housing development known as Sycamore Springs (the "Development "); and WHEREAS, on December 30, 1985, the Agency, the Trustee, and the Developer entered into that certain Regulatory Agreement and Declaration of Restrictive Covenants dated as of December 15, 1985, which agreement was recorded on January 6, 1986 in the Official Records of the County of San Diego as Instrument No. 86- 004360 (the ` "Regulatory Agreement "),nand W.HEREAS, the Developer has been unable to obtain construction financing for tKe.Development and has abandoned the development of the Development; and WHEREAS, on December 15, 1988, the Bonds were redeemed in accordance with the provisions of the Indenture; and NOW, THEREFORE, pursuant to Section 11 of the ,Regulatory Agreement,'the Agency, the Trustee and the Developer hereby agree as follows: The;Regulatory Agreement is hereby terminated and all the terms and conditions and covenants, reservations and restrictions set forth therein shall have no further force and effect. 2. This Termination shall be recorded in the Official Records of the County of San Diego, it being the intent of the parties hereto that the Regulatory Agreement no longer appear in said public records in rela- tion to the Development Site as defined in said Regulatory Agreement, the legal description of which is attached hereto as Exhibit A. The cost of such recordation shall be borne by the Developer. 1878 �. -z- 3. This Termination -may be simultaneously executed in multiple counter- parts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. 4. Nothing herein shall amend, alter or diminish the obligation of the Developer to indemnify the Agency and the Trustee as set forth in Section 7 of the Regulatory Agreement which.obligation shall survive the termination of the Regulatory Agreement.and, in addition, such indemnification provisions shall apply to any claim, demand, action or proceeding arising out of the subject matter of this Termination. However, the provisions set forth in Section 7 of the Regulatory Agreement shall no longer run with the Development Site, and shall have no effect on the real property described in Exhibit A to the Regulatory Agreement. IN WITNESS WHEREOF, the Agency, the Trustee, and the Developer have executed this Termination by duly authorized representatives, all as of the date first written hereinabove. POWAY REDEVELOPMENT AGENCY N, POWAY CONGREGATE CARE JOINT VENTURE By: Garth L. Chambers By: Phillip S. Norfleet S EATTLE -FIRST NATIONAL BANK CORPORATE ACKNOWLEDGMENT —" t � q /eemort N0.202 .P,Qmrn4'tOOr1 .o� 1` LL " FStateof L.I �oQ ri On this the day of C 19g 9 , before me, SS. r�� � } CA 7)4 J�Roki W the undersigned Notary Public, personally appeared , 7 1 - ImES L. V&LoLz So;c personally known tome -ff proved -to- meen- the-basrs-ef satisfactory evidence to be the persor" who executed the within instrument as Z YECte � /UC of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012 Venture BNd. - P.O. Box 4625 • Woodland Hills. CA 91364 9 ro 1879 0 TERMINATION OF REGULATORY' AGREEMENT AND DECLARATION OF 'RESTRICTIVE COVENANTS THIS TERMINATION OF REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (the "Termination ") is made and entered into as of January /o, 1989, by and among the Poway Redevelopment Agency (the "Agency "), Seattle -First National Bank, as Trustee (the "Trustee ") and Poway Congregate Care Joint Venture (the "Developer "). WHEREAS, on December 30, 1985, the Agency issued $10,000,000 Poway Redevelopment Agency Multifamily Housing Revenue Bonds (Sycamore Springs Project), 1985 Series A (the "Bonds ") pursuant to the provisions of a certain Trust Indenture dated as of December 15, 1985 between the Agency and the Trustee (the "Indenture ") to provide permanent financing for a 130 -unit multifamily rental housing development known as Sycamore Springs (the "Development "); and WHEREAS, on December 30, 1985, the Agency, the Trustee and the Developer entered into that certain Regulatory Agreement and Declaration of Restrictive Covenants dated as of December 15, 1985, which agreement was recorded on January 6, 1986 in the Official Records of the County of San Diego as Instrument No. 86- 004360 (the "Regulatory Agreement "); and WHEREAS, the Developer has been unable to obtain construction financing for the Development and has abandoned the development of the Development; and WHEREAS, on December 15, 1988, the Bonds were redeemed in accordance with the provisions of the Indenture; and NOW, THEREFORE, pursuant to Section 11 of the Regulatory Agreement, the Agency, the Trustee and the Developer hereby agree as follows: 0 � 1880 0. 1. The Regulatory Agreement is hereby terminated and all the terms and conditions and covenants, reservations and restrictions set forth therein shall have no further force and effect. 2. This Termination shall be recorded in the Official Records of th6 County of San 'Diego, it being the intent of the parties hereto that the Regulatory Agreement no longer appear in said public records in relation to the Development Site as defined in said Regulatory Agreement, the legal description of which is attached hereto as Exhibit A, The cost of such recordation shall be borne by the Developer. 3. This Termination may be simultaneously executed in multiple counterparts, all of which shall constitute one.and.the same instrument, and each of which shall be deemed to be an original. Nothing herein shall amend, alter or diminish the obligation of the Developer to indemnify the Agency and the Trustee as set forth in Section 7.of the Regulatory Agreement which obligation shall survive the termination of the Regulatory Agreement and, in addition; such indemnification provisions shall apply to any claim, demand, action or proceeding arising out of the subject matter of this Termination. However, the provisions set forth in .Section 7 of the Regulatory Agreement shall no longer run with the Development Site, and shall have no effect on the real property described in Exhibit A to the Regulatory Agreement. IN WITNESS WHEREOF, the Agency, the Trustee and the Developer have executed this Termination by duly authorized representatives, all as of the date first written hereinabove. POWAY REDEVELOPMENT AGENCY By; Executive Director 2724/2345/06 -2- 10 89 12: 32 PM mSNrC Newp o r t Do h CA 1-06 0 1881 POWAY CONG TS CARE NTURE BY: "r L. Chambers B; ph,l Norfleet�_ SEATTLE-FIRST NATIONAL BANK By: 2714/2345/06 -3- O 1 -, 1 0. 89 1 2: 3 PI'Z STATE OF CALIFORNIA COUNTY OF SAN DIEGO° *S Crca.,P. Newport :Bch CA P06 n 1882. 0 ) ) 68. On this day of , 19 , before me, the undersigned, a Notary :Pub'lic n an for said, State, personally appeared known to me. or. proved to me on the basis . of satisfactory - evidence to be the person whose.name is subscribed to the foregoing instrument as the Executive Director of the Poway.Redevelopment? Agency, - a legal subdivision and'body corporate and politic;organi'ied and existing under the constitut'i'on and Taws of' the .State of California that executed the foregoing, instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of the Poway Redevelopment Agency. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ss.. COUNTY OF SAN DIEGO ) n On this ,� da ' o y ,`before me, the undersigned,.a Notary. Pub l'' in an for 19 sa d state, personally .appeared dar,th L. : Chamber person ly known to me or proved to meson the basis of satisfactory evidence to'be the person whose name is subscribed to the foregoing insirument. am a partner of Poway Congregate Care Joint Venture a California corporation, the j oint" venturer that; executed tha.foregoing instrument, and acknowledged .to me,-that he executed the same both individually and as joint venturer of isaid joint .venture for the: purposes and consideration therein °expressed;, and as' 'thee act -and deed of said joint.ventur;a. WITNESS, my hand ,and ......................................... OFFICIAL SEAL BETTE A. ESSLEY g NOTARY - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES�COUNTY My comm. expires DEC 21,1989 � ................... ....•......: ..... 2724/2345/06 -4- 01: 1'0. 69 1 2 : 32 PM .k SYCS R I eT t: c h CA P07 n 1883 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss, } On this_ day o 19Z, before me, the Undersigned, a Notary Publ n an for said State, personally appeared' Philip L.'NorfJoe , personally known, to. me. or proved to me on the basisof satisfactory evidence to be the person whose name is subscribed to the foregoing i_ristrument as a partner of Poway Congregate Care Joint Venture, d California corpor.atidn executed the foregoing instrument, and acknowledged to me that he executed the same both individually and as joint venturer of said joint 'venture for the purposes and consideration therein expressed and as the act and deed of said joint venture. WITNESS my hand and official seal. ■ ............................:. .......... e OFFICIAC.SEAL BETTE A. ESSLEY • t NOTARY PUBLIC - CALIFORNIA': PRINCIPAL OFFICE IN Not ry P, ub -1 LOS, ANGELES:COUNTY - My comm. expirss, DEC, 21, 1989 ............................. u .... Y.Sut STATE OF WASHINGTON ) ss. COUNTY OF ). On this day of 19 before me, the undersigned,, a Notary Public in and, for said State, personally appeared Nancy Stahl, personally . known to me or proved to me on the basia'of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument as the Trust Officer Of SEATTLE-FIRST NATIONAL BANK, a national banking association that executed the foregoing instrument, and acknowledged to me that she executed 'the same for the " " purposes and consideration therein expressed,, in the capacity therein stated', and as the act and deed of said national banking association. WITNESS my hand and'officiai seal. Notary Public 2724/2345/05 -5- P I A Y C R N t D F 1884 POWAY CONGREGATE CARE JOINT VENTURE BY: — - — Garth L. Chambers By: Fhjlip S, °Nprf1o@t SEATT.LE –FIRS7 NATIONAL BANK By: FE&4A 2-- — Jol' STATE, OF CALIFORNIA COUNTY OF' SAN DIEGO On this day pf 19 before me, the undersigned, - ' a Notary Public 1 -and f6 said State, persdn'a'l ly appea,red Philip L,. No:rfleet, personally known to ne or . proved to me. an the basis of satisfactory evi�dence to be the person whose, name is subscribed to the foregoing instrument as a partner of Poway Congreg:a,te, Care Joint Ventu a, California corpora. '-pn that executed the foregoing instruffent-, and, acknowl to me tha't he•executed the same both, in'dividual,ly and a's, joint venturer o,f said joint venture, for the purposes, and cons , ideratign therein exp- ressed and as the act and deed of said joint venEure-i WITNESS my hand,and.officia,l seal* Notary Public STATE OF WASHINGTON COUNTY OF R On th's V� I . day of. ..(76M).AA 19LT b4fo]re me, the undersigned a Notaty PU61 in and fo'r' said State;, perschal.17 a p p e ems' e d. peis6na1ly known to me or proved to me on, the basis of satisfa6t6ry evidence to, be the person whose name__ i,s, subscribed to the foregoing iiistr.urnent as the Tr Of' SEATTLE-FIR NATIONAL' BANK, a national banking asscciation that executed the foregoing instxument and acknowledged to me tha she executed the same for the purposes and considerat-ion the -o exnzessed, in the capad - i - ty therein staked- and as the act and' deed of said national banking ass'oc'iation" WITNF,p�5�,q vied and of ici N OTA R Y 0 1 . 4�' otar P ublic (Z) 272'4/ -4-