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Notice of Completion 2004-0094743RECORDED' THE REQUEST OF ,HICAGO AT TITLE .C C DOG } ('� (� �} }' nc l[1N 6 5 DOG 9 2200.4 - 00947 %POIWAY'REDEVELOPMENT ) b AGENCY' FEB 05, 2004 3:53 OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) SAN DIEGO COUMT.Y RECORDER'S OFFICE GREGORY J., SMITH, Ctt1MTY RECORDER CITY CLERK ) FEB: 0 00 CITY OF POWAY ) P.O BOX 789 ) POWAY CA 92074 1 ` &G .k. ..._2004.0094743 N r NoTransferTax Due ) (This space for Recorder's Use Only) PM NOTICE IS HEREBY GIVEN: 1. That this Notice of Completion is. made by the Poway Redevelopment;Agency, a public body corporate and politic, in favor of Poway=Nierman Lim lted'Partnership, a California Limifed ,Partnership, owner of the: real. property 'herein described_ and addressed as 12222- 12224 Poway 'Road. 2. That the full name and address of'the owner of said `interest or estate ;is set forth in the. preceding paragraph, 3. That:the nature of the title.of the stated owner is in fee. 4. That on the 16th day of January, 2004, a work of improvement on the real property herein' described was completed. The work of improvement is more fully described in Exhibit,B of Attachment 1, attached hereto and incorporated herein by reference. 5. The ,property on which the Work of improvement was completed is within the City of Poway, County of San Diego, 'State of California, and is described in Exhibit A of Attachment 1, attached hereto incorporated herein by reference. By: `�d��✓wh 4jFa es L. Bowersox utive Director VERIFICATION. 1, the undersigned, say: I,am the person who signed,the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge. declare under penalty of that the foregoing;isitrue and correct. Executedat Poway, California; this, day of January, 2004. L. l • ATTA'CMIENT'1 :16766 WHEN RECORDED MAIL TO:' Poway Redevelopment Agency 13325 Civic Center Drive Poway, California 92064 Attention: Executive Director Order #33051208-U52 Unrecorded loan a,greernent CERTIFICATE OF COMPLETION THIS CERTIFICATE OF COMPLETION "(the'`• °Certificate'') +is made by the POWAY REDEVELOPMENT AGENCY, , a public body. corporate and,politic (ifie' "Agency" ), in favor ofPOWAY- NIERMAN LIMITED. PARTNERSHIP a'Califorma Limited Partnership ;(the' "Participant"), as of the date'set forth below. RECITALS A. The Agency and the Participant have entered into that certain Agreement re Operating'Covenant and Restrictive Covenants dated May 30, 2003 (the "Agreement "), concerning the rehabilitation 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 the Agreement, the Agency is required to furnish the Participant.or its successors with a Certificate of Completion upon completionof.the Rehabilitation of the Improvements (as defined in the.Agreernem), which certificate, shall be in such form as to permit it to be recorded in the Recorder's' office of San Diego County, California. Such Certificate of Completion shall,be�conclusivc determination of satisfactory:oompl'etion.of the Rehabilitation of the Improvements required by the,Agreement. C. The Agency has conclusively dete'iinined that such Rehabilitation has been satisfactorily completed. NOW, THEREFORE, the Agency hereby certifies as follows: as shown on Exhibit B .1. The Rehabilitation of Improvements"to be,performed by Participant has been fully and satisfactorily completed in conformanceAyviih the Agreement. 2. Nothing contained in this instrument shall modify in any other way any other provisions of the Agreement. DOCS00 1012715v2 \22345.0000 s 6 IN: WITNESS WHEREOF, the Agency has executed this Certificate of Completion as ofJaiivar-y46, 2004. AGENCY: POWAY REDEVELOPMENT AGENCY, a public body, corporate and'politic ATTEST: 4 Ae Secretary PARTICIPANT: POWAY - NIERMAN LIMITED PARTNERSHIP, a California Limited Partnership By: Nierman Pomerado G.P„ LLC a California Limited Liability Company, (Its General Partner) S. Trustee: of the James S. Nierman Trust dated May 9, 1990, (Its Manager) DOCSOCV 012715v2\22345.0000 o \tea v� yaw ATTEST: 4 Ae Secretary PARTICIPANT: POWAY - NIERMAN LIMITED PARTNERSHIP, a California Limited Partnership By: Nierman Pomerado G.P„ LLC a California Limited Liability Company, (Its General Partner) S. Trustee: of the James S. Nierman Trust dated May 9, 1990, (Its Manager) DOCSOCV 012715v2\22345.0000 0 16766 • CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of Califor Ia County of On Dat personally appeared MICHaIE PAW NE HEtT132GOTT Commission # 1298219 Notary Public - Califomia San Diego County My Comm. 6q�irzs tv1ar23, 200.5 I ss. to be the person(s) whose name(s) (tPre subscribed to the with instrument and acknowledged to me at e/ he /they executed the same in Is er /their uthorized capacity(ies), and that by F er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my hand apd official seal. Place Notary Seal Above 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 Document Title or Type of Document: Document Date: Signer(s) Other Than Named'Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER` - 1 ®1999 National NolPy Association-9350 De Soto Ave, P.O. BOx 2402 • ChatvwollR CA 91313 - 2402 • evw natlonalnotary .oM Prod. No, 5907 Reorder, Call Toll Free 1 800-876 6827 C--;:�—ersonally known to me ❑ proved to me on the basis of satisfactory evidence • . 0769 • E ACKNOWLEDGMENT State of California ss. County of %o L) Ie8 (� On , 5 26. 2004 , before me S'h£we D. V1902f� Ua a Doe. Notary 12 A�t?4o�. D,bll , Data Name and Title of Officer le.q.,' More ") personally appeared 3(lMi Le WITNESS my hand and official seal. Place Notary seal Above l'Apersonally known to me ence to be the personla'j whose name(£) Oare subscribed to the within instrument and acknowledged to me that (9s4eA4ey executed the same in 6)he4their authorized capacity(ie s), and that by I<tefRlTeir signatures& on the instrument the person(s},.or the entity upon behalf of which the persori acted, executed the instrument. l a i 0 C- ;e -F�oSLa/ Signature of of N o ta ry 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 Title or Type of Document: Document Date: .'7Qn • Q10 • acc(4 Number of Pages: Signer(s) Other Than Named'Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — ❑ Partner❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT.THUMI IPR11NT - Oe$IGNER 019N National Notary Association • 9350 De Solo Ave., P0. 9ox 2402 • Ctatswodh. CA 91313 -2402 • e w.nationalnotary.org Prod No. 5907 Raeder'. Call N11 Free 1- 800 -896 Ur27 16770 EXHIBIT A,TO CERTIFICATE' OF COMPLETION LEGAL DESCRIPTION OF PROPERTY THAT CERTAIN PROPERTY, SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO DESCRIBED AS FOLLOWS: PARCEL A: PARCELS 1, OF PARCEL MAP N0:..13714, IN THE CITY OF POWAY, COUNTY OF °SAN DIEGO,,STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY-RECORDER.OF. SAN DIEGO COUNTY; MARCH 12, 1985 ASTILE 85- 080780 OF OFFICIAL RECORDS. PARCEL B: NON - EXCLUSIVE; EASEMENTS FOR INGRESS AND EGRESS:AND FOR THE PASSAGE OF MOTOR VEHICLES INTO, OUT OF„ ON,.OVER AND.ACROSS THOSE CERTAIN EASEMENTS DESCRIBED IN ARTICLE I OF THAT CERTAIN DOCUMENT` ENTITLED "RECIPROCAL MUTUAL ACCESS EASEMENT AGREEMENT" RECORDED JULY,2, 1985 AS FILED NO. 85- 238010 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APN: 317`- 153 -24 Exhibit A -1 DOCSOCU 012715v2\22345.0000 0 16771 EXHIBIT "B" SCOPE OF WORK Project Name: Poway- Nierman- Limited Partnership Project_ Address: 12222-12224 Poway Road, Poway 0 General Description Facade upgrade and improvement/rehabilitation to Pomerado Plaza. 1. Demolition/Preparatory Work 1.1 Work Summary: To be included within.all individual trade packages or performed by others to include demolition of existing: Signage Frames,, Asphalt Concrete, Proposed Hand Painted Mexican Style Tile, and Painting. 2. Painting: 2.1 Work Summary: Painting of entire exterior (including4acade) of all buildings, to include tower structure and street- front-signage. 2.2 Application: 3, -coat system (prime plus two coats) 2:3 Approximate Square Footage: 40,000sf 2.4 Location of Work: Entire exterior of building, tower structure and street signs. 3. Asphalt Concrete/Re- Strip 3.1 Work Summary: Demolition,•removal, preparation „sealing, patching, filling, re- striping and installation of new A.C. and base materials(as required) at various selected damaged areas as shown on drawings. 3.2 Application: Two -coat paint re- striping system at entire parking areas. 3.3 Approximate Square Footage: 84.144sf 3.4 Location of Work: Various selected areas shown on drawings. 4. Tile (Proposed Hand Painted Mexican`Style) 4.1 Work Summary: Tile,replacement directly over prepared existing ceramic tile.located Mow existing windows. 4,2 Application: Thin -set, directlyapplied•over existing, prepared ceramic tiles. 4.3 Approximate Square Footage: 500sf 4.4 Location of Work: Under all windows at walkway level atop existing tile panels. 5. Wood Framing/Sign Band 5.1 Work Summary: "Wood framing of existing sign band at selected areas. 5.2 Application: Structurally fastened wood -frame system-plaster skin by others. 5.3 Approximate Lineal ' Feet - :, 6001f 5.4 Location of Work: Entir length of.facadeispanning canopy columns & tower; structure all at main building. 16772 6. Structural Steel Reinforcement/Sign Band 6.f Work Summary: Structural steel channel reinforcement at underside of sign band for composite.(wood /steel) support. 6.2 Application: Screw- fastened to underside of wood framing system 6.3 Approximate Lineal,Feet: 6001f 6.4 Location of Work: Entire length of facade spanning canopy columns & tower structure all at main building. T. Lath &.Plaster 7.1 Work Summary: New lath &plaster /stucco at all sign.bands (front•side), prep and. patching of removed wing walls5and water,damage,repairs at affected,eanopy,,columns. 7.2 Application: Hand applied lathing and hand/machine applied plaster. 7.3 Approximate Square Footage: 2300sf 7.4 Location of Work: Entire new Sign B and spanning canopy columns & tower structure. Also, prep., patch and repair as noted above under: Work Summary: 8. Signage: 8.1 Work Summary: Re- facing monument signs and frame 'replacements, as required, to include installation of new letter signage along with new logo boxes and address numbers. 8.2 Application: Fastened to sign band. 8:3 Approximate Quantities: 270 -15" high letters, 15ea. logo boxes, 18" high tower address numbers. 8:4 Location of Work: Sign Band, Tower, and 2 -site monuments, signs. 9. Sheet Metal 9.1 Work Summary: Sheet metal cap /coping atop sign band for waterproofing and other miscellaneous areas. 9.2 Application: Clip, screw and seal to top of sign band along entire length. 9.3 Approximate Length: 6001f 9.4 Location of Work: Installed atop entire length of sign band at exposed locations. 10. Landscaping 10.1 Work Summary: Redwood vertical trellises'with attached Bougainvillea. 10:2 Application: Trellises supported within planters. 10.3 Approximate Quantities: Four each. 10'.4 Location of'Work: Within four existing irrigated sidewalk planters at columns. 11. Other 11.1 Work Summary: Architectural and Engineering Design and Calculations, Temporary'Signage, Permit Fees,, Legal and Lender Fees. Construction Management Fees.