Participant Covenants 1990-0681092RECORDING REQUESTED BY AND
WHEN RECORDED MAIL, TO:
POWAY.REDEVELOPMENT AGENCY,
CITY HALL
13325 Civic Center Drive
Poway, California 92064
P1LF .°'
1990-0681092i
�2116 -CEC
-1990 0807 AN
663
SAt,, DIE_ %O
COUNTY RECEIROEF "S OEFKLE
U_RA L.
LYLE, COUNTY ;RECORDER
`'F:
9.00 FEES: 17.00
AF;
7.00.
MF:
1.00
- - - -( Space - above -this line-for- Recorder-'s use)
PARTICIPANT COVENANTS
(TECH BUSINESS CENTER)
WHEREAS,, TECH BUSINESS,CENTER,.a California , general
partnership, (the "Covenantor ".), and the POWAY REDEVELOPMENT
AGENCY (the "Agency have entered into that certain OWNER
PARTICIPATION AGREEMENT dated November 27 , 1990 (the
"'Agreement "), a copy of which is on file with the.Agency at its
offices and which is incorporated herein by reference, pursuant
to which the Covenantor has agreed to.subject certain real
property belonging to the Covenantor (which °property is referred
to as the "Affected Property" and is described in Exhibit "A"
attached hereto and incorporated herein) 'to certain covenants; and
WHEREAS, the enforcement of said covenants will ensure
proper implementation of the Redevelopment Plan for the Agency
approved by Ordinance No. 117 of the City Council of the City of
Poway (the "Redevelopment Plan "), and will, therefore, benefit
the Covenantor, the City of Poway (the "Covenantee "), and the
Agency; and
WHEREAS, the Community Redevelopment Law (California
Health & Safety Code Section 33000 et sea.) provides that a
redevelopment agency shall establish covenant's running with the
land in furtherance of the relevant redevelopment plan.
NOW', THEREFORE, the Covenantor agrees and covenants as
follows:
i. Covenantor agrees for itself, its successors.. and
assigns, and every successor -in- interest to the Affected
Proper.ty,, of any part thereof, that the Covenantor and' such
successors and assigns shall:
('a) devote the Affected Property to those use
permitted by the Redevelopment Plan (which covenant shall run
with, the land);
176/2RHJ/T8356- 002/11 -15 -90 /jet
• • 6 s. 4
(b) In deeds: "The grantee herein covenants by and
for himself or herself, his or her heirs, executors,
administrators and assigns, and all persons claiming under or
,through "the m, that there shall be no discrimination against
or segregation of, any person or group;of persons on account .
of race, color, creed, religion, sex, marital status, age,
handicap,.national origin or ancestry iri°the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment..,o'f—
the land- herein- conveyed; -nor shall- "the grantee himself or
herself or any person claiming under or through him or her,
establish or permit any such practice;or practices of
discrimination or segregation with 'reference to the
selection, location, number, use or occuupancy of tenants,
lessees, subtenants, sublessees or vendees in the land herein
conveyed. The foregoing covenants shall run with the land."
(c) In leases: "The.lessee herein covenants by
and for _himself, his heirs, executors, administrators and
assigns, and all persons claiming under or through him, and
this Pease is made and accepted upon and subject to the
following conditions:
That there:shall be no discrimination against or
segregation of any person or group of persons on account
of sex, race, color, religion, rnarital'.status, national
origin or- .Iancest_ny in the leasing, subleasing,
transferring, use or enjoyment of the land herein
leased; nor shall the lessee himself, or any person
claiming under or through him, establish or permit any
such practice or practices of discrimination or
segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees,
sublessees, subtenants or vendees in the land herein
leased."
2. The.agr,eements and covenants contained herein shall
be covenants running with the land and shall, in any event., and
without regard to technical classification or designation, legal
or otherwise, except only as otherwise.specifi,ca'lly provided in
the Agreement, be binding, to the fullest extent permitted by iaw
and in equity with the,benefit and in favor of and enforceable by
the Agency, its successors and assigns,, and the Covenantee and
its successors and assigns, against the Covenantor,, its
successors and assigns and every successor -.in- interest to the
Affected Property or any past thereof or any interest therein•.
The agreements and covenants contained herein pertaining
to the Affected Property shall remain in effect from the date
hereof until the expiration date; of the .Redevelopment Plan, as
said expiration date may be extended by proper- amendment to the
-2-
1M /2RMJ /TK56- 002/11 -15 -90 /jet
i
Redevelopment Plan. Covenants regarding discrimination shall
remain in effect in perpetuity.
176/2RMJ/TB356- 002%11= 15' =90 /jet
665
TECH BUSINES& CENTER, a. California,
general partnership
By: Techbil':t+ Construction Co -rp," a �'-
California co or,ation,_Genera'1 --
Partner
Paul K ang, Pres,ideh&-
By: Bothwell International, Ltd., a
California limited partnership,
General Partner
Neville Bothwell, General
Partner
-3-
0 0
sTATE'OF CALIFORNIA )
San Diego SS.
COUNTY '.OF g )
On . November -2;7 19,90, before me, the
undersigned, a Notary Public in,and for said State, personally
appeared NEVILLE BOTHWELL, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person who
executed the within instrument as general partner on behalf of
BOTHWELL INTERNATIONAL, LTD., a Califo- rnia.limited partnership,
the partnership.therein- named, said partnership being known to me
to be a general partner of TECH BUSINESS' CENTER, a California
general partnership, 'the partnership that executed the within
instrument, and acknowledged to me that such partnership executed
the same as such partner and that such partnership executed the
Same.
WITNESS my hand and official seal.
OFFICIAL SEAL
ELIZABETH J. BOVERICE
SIG T RE OF NOTA/PV1 PUBLIC °m NOTARY PUBLIC.- CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My0.Commission. Expires January 18, 1991
*6 •4.
STATE OF CALIFORNIA )
) ss.
COUNTY OF San Diego_ )
666
On November, 27 , 19,90, before me:, the
undersigned, _a Notary Putil c in and_for- said - State, — personally— —
appeared PAUL K.'TCHANG, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person who
executed the within instrument as President on behalf of TECHBILT
CONSTRUCTION CORP., a, California corporation, the corporation
therein named, and acknowledged to me that said corporation
executed the within instrument pursuant to its Bylaws or a
Resolution of its Board of Directors, said corporation being
known to me to be.one of the general partners of .TECH BUSINESS
CENTER, a.Calif'ornia general partnership, the partnership that
executed the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that such
Partnership executed the same.
WITNESS my hand and official seal.
IGNATURE OF NOTARY P BLIC
OFFICIAL SEAL
JEANETTE M. SCHWARTZ
.'m NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires Oclober 21, 1094.
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1:
vmoo
THE SOUTHEAST QUARTER OF THE SOUTHEAST. QUARTER OF SECTION 24,
TOWNSHIP 14 SOUTH, RANGE 2_ WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF.
PARCEL 2:
'LOT 4 IN SECTION 19,, TOWNSHIP 14 SOUTH, RANGE'l WEST, SAN 'BERNARDINO
MERIDIAN, IN THE. CITY OF POWAY, COUNTY OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. SAN DIEGO, STATE OF
PARCEL 3:
LOTS 1 AND 2 OF SECTION. 30, TOWNSHIP 14
BERNARDINO MERIDIA SOUTH, RANGE 1 WEST, SAN
N; IN THE CITY OF POWAY, COUNTY
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THERE OF SAN DIEGO, STATE
OF.
EXCEPTING THEREFROM THE EASTERLY 300.00 FEET.
ALSO EXCEPTING THEREFROM THOSE PORTIONS CONDEMNED IN AN ACTION IN THE
DISTRICT COURT OF THE UNITED STATES IN AND FOR THE SOUTHERN DISTRICT
OF CALIFORNIA, SOUTHERN DIVISION, CASE 'NO. 1621 CIVIL,
"UNITED STATES70F AMERICA, VS. JOSEPHINE SCRIPPS ENTITLED
, ET AL," A CERTIFIED
COPY OF THE DECREE OF "DECLARATION OF TAXING 'HAVING BEEN RECORDED
APRIL 16, 1942 IN BOOK 1342, PAGE 14 OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY.
1/24/89
J. K.
TECH BUSINESS CENTER
EXUIBIT "A
(2 Pages)-
LEGAL DESCRIPTION
,t>
669
THE LAND REFERRED TO HEREIN IS SITUATED IN THE 'STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND.IS DESCRIBED AS -- FOLLOWS;
PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 5750, FILED IN THE OFFICE OF
THE COUNTY RECORDER; MARCH 3'1, 1977 AS FILE NO. 1,7- 118268 OF OFFICIAL
RECORDS, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION' 19 AND THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 30, TOWNSHIP 14 9OUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF -POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
TECH BUSINESS CENTER
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