Development Agreement 1986-008613 �.. t � - .
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Allen, Matkins, Leck Gamble i9S5 JAId -8 P�1 3� 53
' & Mallory RF �VEf2A L. LYLE�
3 Civic Plaza, Suite 250 aR COUNTY RELORDER
Newpor-t Beach, California 92660 TLR
Attention: R. Michael Joyce, Esq. MG �
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(Above Space for Reco,raer's use unly)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Development Agreement") is
made and entered into this 30th day of December, 1985, by and
between the CITY OF POWAY, a municipal corporation organized and
existing under the laws of the State o£ California ("City"), and
CF POWAY LTD., a California limited partnership ("Developer").
R E C I T A L S:
A. Government Code Section 65864, et se ., provides
that the legislative body of a city may enter into a development
agreement for the development of real property in order to vest
certain rights :in the developer and to meet certain public
purposes of the local government. The City Council for the City,
has previously adopted Ordinance No. '177 establishing procedures
and zequirements for the approval of development agreements.
Such ocdinance has been made a part of the Poway Municipal Code
as Chapter 17.53. Developer has applied to City pursuant to
Government Code Sections 65864-65869.5, and City's Ordinance No.
177 for approval of a development agreement providing for the
agreements of the parties set forth herein.
B.. The City desires to enter into this Development
Agreement with the Deve'loper in order to facilitate the
development of and in ant'icipation of Developer's acquistion of
certain properby (the "Property") known as the Pomerado Business
Park (the "Development") and more fully described in Exhibit "A" ,
and shown on the map seE forth on Exhibit "B", both attached
hereto. Such development sh'all be in accordanca with the
Development Plan, the Development Standards and Final -
Environmental Impact Report (the "Planned Community Documents")
for the South Poway Planned Community (the "Planned Community"),
approved by the City pursuant to resolution on July 30, 1985 and
on file with t'he Gity Clerk and incorporated herein by reference,
and the Resolution of Approval (P85-69) for Tentative Map 85-04
(POmerado Business Fark). City has given notice of intention to
adopt the proposed development agreement, has conducted public
hearings thereon pursuant to Government Code Section 65867, and
City's Ordinance No. 177 and has found that the provisions of
this Development Ag,teement and its purposes are consistent with
the objectives, policies, general land uses and programs
specified in the City"s general plan and the Pl,anned Community.
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. On December 30,, 1985, the City adopted its Ordinance q183,.
approving the Deve'lopment, A,greement, and sa;i_d ord_inance.became
effect:i�ve on - January 29;,, 3986. In connection wi,th its approval
of the Planned Comrtiuni`ty, an EnvYronment'al Impact:Report ("EIR'-")
was p;tepared and certified by City pursuant'to a resolution on
July 30, 198'b:. A tentative map No. 85-04,(the."Map") wi
respect to the Property was approved by the City on No�ember 19,
1985.
C. Development of the Property, which is a largely
vacant area almost totally lacking in required infrastructure
improvements, requires the construction of substantial regional
public improvements ear,ly in the development and construction
process. Certairl development risks and uncertainties associated
with the long term nature of the Development, including the cost
of the portion of these regional public improvements required to
be insta3led at the inception of the Deve intended, could
discouxage and dete� Developer from making the long term
commitments necessa�y to fully develop the P.roperty; therefore,
the parties desire to enter into this DeSe-lopment Agreement in
order to reduce or el-iminate uncertainties to such developmerit
over which the City has confrol.
D. As permitted'by law, the City and the Developer
desire to establish as 'the skandards in effect thi,oughouE the
term of Development"contemplated herein the applicable zoning
regulations, desiqn guide'Lines and building, standards relati-ve to
the Developmenf` as the same exist as of t`he date of approval of
this Deye3opment Agreement..
E. City r.eeognizes that Dev,eloper might be subject to
substantial liabiLity if the City weie to default in its
obligations herein undertaken.
F. The City acknowledges that by electing to enter
into cont-ractual agreement's such as triis one, the obligations of
which shall surv•ive beyond the term or terms of the present City,
Council members, that such action will serve,to bind the City and
future Councils to_the obligations thereby undertaken, and this
Development Agreement sha11 limit the'f uture exercise of certain
governmental and proprietary powers of• Ehe.City. By obligating
the City pursuant to this Development Agreement, the City Council
has elected fo exercise certain governmental and proprietary
powers at the time of entering into this Development Agreement
rather than deferxing its actions to some undetermined future
date. The and condi.tions of thi"s D"evelopment Agreement
have'undergone extensive review by the Ci.ty and its Council and
have been found to; be fair, just and reasona6le, and the City has
concluded that the economic interests of 'its citizens and the
publie healfh, safety and welfare will be'best served by entering
into this obl;igation.
G. This,Development Agreement will, promote and
encourage the deveiopment of the Pr.operty by providing the
Developer and its credi°tors with a gr:eatez degree of certainty of
the Developer's abi'lity to expeditiously anc] economically
complete the development: effvr;t, and the parties agree that the
cons,ider'ation to be:reeeived by the C_i!ty pursuant to this
Development AgjreemeriE and the rights secured to the Developer
hereunder const-itute 'suf-ficient consideration to support the
coyena:�ts and. aa,reements. o_f _ the_ Ci:t._v_ an� tfie��ne�eloner..�� —
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NOW, THEREFORE, in consideration of the mutual covenants
and agceements contained herein, and other good and valuable
consideiation, the receipt of which is herebp acknowledged, the
parties do hereby agree as follows:
1. Bindinq Effect of Development Agreement. The
Development Agreement pertains to the Property as described in
Exhibit "A" The burdens of the Development Agreement are
binding upon, and the benefits of the Development Agreement inure
to all successors in interest of the parties to the Development
Agreement, and constitute covenants which run with the Property,
and in order to pcovide continued notice thereof, this
Development Agreement will be recorded by the parties.
2. Relationship of the Parties. It is hereby
specifically understood and acknowledged that the Development is
a private project and that neither City nor Developer will be
deemed to be the agent oE the other for any purpose whatsoever.
3. Reservations and Dedications It is hereby further
understood and agreed that except in connection with the
conditions imposed in connection with the approval of the Map, no
reservations or dedications of land within the Development shall
be required by the City, nor shall the City require Developer to
install and/or pay for any on-site or off-site improvements or
facilities except as part of the conditions imposed in connection
wit`h the approval of the Map, any extension of the Map, or as
otherwise agreed to in writing by the City and Developer.
4. Term The original term ("Term") of the
Development Agreement is ten (10) years from the date of
execution; provided, however, this Development Agreement shall be
deemed cancelled and of no further force or effect with respect
to any legal lot within the Development upon the completion of
all building and related improvements within all phases of
development with respect to any such lot. Upon any such
completion either party may request the other to execute
documentation confirming such cancellation, the approval of which
shall not be withheld or delayed. It has been, and continues to
be understood and agreed that, if, at the end of the Term,
Developer is in the process of developing the Property and the
construction of at least fifty percent (SOo) of the Development
has been completed, the Term shall be extended until such
construction is completed, not to exceed an additional five (5)
years after expiration of the Term. Pursuant to Government Code
Section 6452.6(a) the Map shall also be extended so that the Map
shall remain valid for a period equal to the Term, as may be
extended by this Agreement. If Developer has proceeded in good
faith, but has been prevented from developing the Property within
the time frames set fosth in this Paragraph by circumstances
beyond its control, including but not limited to judicial
injunctions, Acts of God, or delays caused by City, or other
local, State or Federal agencies in accordance with Paragraph 20
with respect to EnEorced Delays, the Term shall be extended for
an additional period equal to the per-iod of such delay or delays.
5. Deve'lopment Approval. Nothing set forth in this
Development Agreement shall be deemed to r,equire Developer to___._.-_ _.-_
cc_:p`12�e-t�he-uedeiop�u`eii'c',a'i'any portion thereof;: prov:ided,
h'owevec the fol`lowing elements o'f the Development are hereby
approved:
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' (a) Permitted Uses of,the Property, THe part'ies
ag"ree`that the permibted, conditional and prohibited uses of
the Property shall be as set forth in the Planned Community
Documents.
(b) Density or Intensitv of Use. The parties
agree that the maximum density.or intensity of use of the
Pioperty will be as set forth in the P'lanned Community
Documents.
(c) Maximum Heiqht and Size of Proposed
Buildings, The parties agree that the maximum height and
size of the°pioposed.buildings shall be as set for,th in the
Planned Community Documents. It is hereby agreed that with
respect to any proposed building(s) to be constructed as part
of fhe Development which would result in a, density or
intensity which is less than as set forth in the Planned
Community Documents andfor for which the proposed size,
and/or height is less than set forth in the Planned Community
Documents, no consent or approval of City or any department
thereof shall be required; provided, however, development
rediew sha11 be conducted pursuant to Chapter 17.52 of the
Poway Municipal Code. Gity hereby agrees tfrat no change(sj
to the Planned Community Documents shall be effective, and
fhat City shall not seek to effect any such change(s),
without the prior w,ritten consent of Developer.
[, Processinq of Applications and Permits. The City
will accept the processing and review of a11 development
applicat'ions and permits oz ottiez enEitlements with iespect to
the development and the use of the Property in accordance with
this A'greemenf. It is understood by the parties to this
Agreement that, pursuant to existing law, conditional use permits
and development review approvals shall not remain valid for the
term'of this Agreement, but only for the term of such conditional
use permits and development review apQrovals. Accordingly, the
Developer shall have the right to file new conditional use
permits or development review applications on portions of the
Development where such previously app,roved use permits or
development revi^ew approvals have expired. Any new conditional
use permits or de,velopment review applications filed for the
Development shall be reviewed in accoidance with the Planned
Community Documerits.
7, Development Review. Nothing set forth herein shall
impair or interfece with the right of 'City to require the
processing of building permits as requi.red by law and to conduct
its development review of any speci•fie improvements proposed for
the Development pursuant to Chapter 17.,52 of the Poway Municipal
Code; provided, however, no such review shall authorize or permit
City to impose any condition and/or withhold approval to any
proposed building the result of which would be inconsistent with
any term or provision of this Ag7eement and it is hereby further
agreed that the basis for City"s de�elopment review shall, to the
degree possible, be limited to architectural desiqn and
compatibility With the remainder of the Development. It is
further agreed tha City shall in all events provide reasonable
al:ternatives to the_des.i.qn_,and layout_of_anv_bui.l�l�nq�r=.+:her
"`�� o �disapprove any proposed bui.ld.i-ng,
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� 8. Utility Capacity. It is'hereby agreed'th'af Cify
will nof underta,ke any act or neglect- to perform any act or duty
which would impair or inhibit Developer"s receipt of any and all
public utility seivice, the fees for which Developer has paid or
will pay to City for such service. City Hereby represents that
it currently has sufficient water and sanitary sewage capacity
for the entire development of the Property.
9. Assignment. Developer has had and continues to
have the right to se'11, assign, or transfer all of its interest
in the Property along with all its right, title and interest in
and to this Deve3opmenG Agreement to any person, firm or
corporation at any time during the term of this Development
Agteement without the consent of City.
10. Per:iodic Review of Compliance. In accordance with
Government Code Section 65'865.1, the City Council shall review
this Agreement at least once each calendar year hereafter. At
such periodic reviews, Developer must demonstrate its good faith
compliance with the terms of this Agreement. Developec's duty to
demonstrate may be satisfied by the presentation to the City
Council of (1), a wri report identifyin,g peveloper's
performance or the reasons for its excused performance, of the
requirements of this Agreement or (2) oral or written evidence
presented at the time of reyiew. The parties recognize that this
Agreement and the documents incorporated herein could be deemed
to contain thousands of requirements (i.e., construction
standards, landscape standards, et al.) and that evidence of each
and every requirement would be a wasteEul exercise of the
parties' resources. Addit:ionally, the parties recognize and
acknowledge that this Agreement is not intended to impose on
Developer any specific schedule for the development, but rather
is intended fo enable Developer to develop the Property
consistent with the Planned Community. Aceordingly, Developer
shall be deemed to have satisfied its duty of demonstration when
it presents evidence of its good faith effort to avoid the
violation of any term of the Planned Community Documents and
evidence that Developer made a good faith effort to develop.the
Property. In this regard, it is hereby agreed and acknowledged
that Developer shall be deemed to be in compliance with this
Agreement notwith'standing the fact that subsequent to the most
recent periodic review, De�eloper has not undertaken any
development on the Property or has undertaken development which
is slower than that set forEh in any "proforma" schedule, so long
as market, financing, building or other conditions and factors
then prevailing suggest that the scheduLe actually followed by
Developer is reasonably prudent under the circumstances.
Generalized staEements of evidence shall be accepted in the
absence of evidence that such evidenee is untrue. Eit'her party
may address any requirements of this Agreement; provided,
however, that the City shall Qrovide ten (1�) days notice of any
requirement that it desires to be addressed by Developer prior to
taking action on the annual review. At the conclusion of such
periodic annual review, the City Council's finding of good faith
compliance by Developer shall conclusively determine said issue
up to the date of such findings for the purposes of future
peiiodic xeviews�or legal action between the parties. City
further agr. to ;permit Dev.elooer _a reasona�le- nA.rr�� cf- * me-== "'
y-^" to ef.fect the� cur-e of any' failu're on Developer's
pa`rt fo comply in good faith terins of this Agreement.
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11. Amendment or Cancellation The Development
Agreement may be amended or cancelled in whole or in part only by
mutual consent of the parties and in the manner provided in
Government Code Sections 65868, 65867 and 65867.5.
(a) Any amendment to the Development Agreement
which does not relate to the term, permitted uses, density or
intensity of use, height or size of buildings, provisions for
reservatio❑ of land, conditions, terms, restrictions and
' requirements relating to subsequent, discretionary actions,
or any conditions or covenants relating to the use of the
Development shall not require a public hearing before the
parties execute an amendment hereto;
(b) Any nonsubstantial deviations from the terms
of this Agreement do not reguire an amendment`to this
Agreement. Before any such non-substantial deviation is
implemented, the other party must be given notice of such
contemplated deviation_ Such deviations which are not
consented to will require submission to the amendment
process; and
(c) Except as herein provided, before the
expiration of the Term of this Agreement, the parties may
agree to cancel the Agreement, by executing an agreement to
be recorded in the oEficial records of San Diego County,
California.
12. Vestinq of Development Rights.
(a) General Statement. As a material inducement
to the Developer and its lenders to continue with diligent
efforts to promote the development of the Property, the City
desires to cause all development rights which may be required
to develop to completion the Property with buildings and
related improvements consistent with the Planned Community,
to be deemed vested in Developer, as oE the date of this
Development Agreement, to the greatest extent permitted by
law, and to be free of all discretionary ri,ghts of the City
or any body or agency thereoE, except as herein provided, to
impose any subsequent restrictions or building moratoriums.
(b) Existing Rules to Govern. In accordance with
the terms of Government Code Section 65866, the City and the
Developer agree that except as provided.in this Agreement,
the ordinances, rules, regulations and official policies of
the City and its special districts and agencies, including
the Planned Community Documents (collectively, the "Existing
Development Policies") in effect as of the date of this
Agreement governing the design, density, permitted land uses,
improvement and construction standards applicable to the
Development sha-11 govern during the Term of this Agreement.
No amendment to any of the Existing Development Policies of
the City adopted by the City Council or other body or agency
authorized to make such determination on behalf of the City
shall be eEfective or enforceable by the City with respect to
the Development, its design, grading, construction,
remodeling, use or_ occupancy.,, schedule ,of_dev.elnnme.^.*_-_ox_-w.�th--
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(c) Permitted Condit'ions and Fees. The City
agrees that at the time of granting subsequent subdivision or
other discretionary approvals, or issuing any�permits, in
connection with the Development or any part thereof, it shall
not impose assessments, fees, taxes or exactions, other than
the assessments, fees, taxes or exactions specifically
included in t 6ity's ordinances, resolutions and written
policies in effect on the effective date hereof, or as set
forth in the Planned Community Documents, as may be adjusted
annually by the City in proportion to annual, cumulative
increases in the Consumer Price Index £or All Urban Consume:rs
- San Diego County Area, as publistied by the United States
Department of Labor, Bureau of Labor Statistics.
13. Environmental Compliance.
(a) Processinq Completed. The City certifies that
all required environmental processing for the Development
contemplated by the Planned Community has been completed by
virtue of the EIR. It is the agreement of the City (and the
City so certiEies) that no mitigation measures, whether
arising out oE the EIR or any other area of law, that are not
expressly identified in the Planned Community Documents, EIR
and Resolution for approval of the Map or this Development
Agreement shall be imposed on the Property, or as an
obligation of the Developer or its successor-owners.
(b) Subsequent Environmental Review. In
exercising its legislative discretion to enter into this
Development Agreement and to commit the City to the
completion of the Development, the City has reviewed and
considered the potential adverse environmental impacts
related to all aspects of the contemplated project,
including, without limitation, the potential demands the
Development will make on local and regional streets,
highways, parks and recreation areas, water capacity and
water lines, sewer capacity and sewer lines, flood and storm '
drain systems, and energy conservation, and the effect on
school capacity, traffic, pedestrian saftey, noise and air
quality impacts. The City has further reviewed and
considered from a variety of perspectives, and has analyzed
pursuant to a variety of assumptions, the projected future
regional and cumulative environmental demands that will
compete with the Development for available capacities and
cumulative'ly add to potential adverse impacts. In so doing,
the City has considered among other things, the possibilities
that:
(i) Federal, local, regional and state plans,
if any, for provision of new infrastructure systems or
expansion of existing infrastructure systems may be
delayed, modified or abandoned;
(ii) The types, intensities, and amount of
future regional development may exceed or otherwise be
differ-ent from that cur-iently being planned by the City
and other local agencies; and
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(iii) Regional and Development generated
demands on infrastructure and utility improvements to be
constructed as a part of the project may exceed in
either the short run or the long run the allocated
capacities for such demands.
After assessing these and other potential
adverse environmental impacts associated with the
development of the Property, the City has imposed
mitigation measures through the Planned Community
process, the subdivision review process, and this
Development Agreement to the fullest extent the City
considers feasible and necessary. The City has
determined that phased completion of the Development in
the manner contemplated will itself provide the
mitigation measures needed to contribute to alleviate
short run and long run potential adverse environmental
impacts, and that the public benefits of the project
override any potential adverse environmental impacts
which may arise during the development period;
therefore, the City agrees, consistent with California
Public Resources Code Section 21166, that no subsequent
or supplemental environmental impact report shall be
required by the City for the subsequent discretionary
approvals implementing the projects unless:
(A) Substantial changes are proposed by
Developer which will require major revisions of the
EIR; or
(B) New inEormation, which was not known
and could not have been known at the time the EIR
was cert'ified as complete, becomes available;
provided, however, that re-analysis of data already
examined and reported in the EZR shall not be
considered new information. The term "new
information" does not mean discovery that
probabil.ities of adverse (or beneficial) results
considered in the approval of this Development
Agreement, the Planned Community or the EIR may
prove incorrect, or that such probabilities are or
are not becoming, or have or have nof become
realities, but instead requires that the actual
quantitative and qualitative extent of the
underlying issues was not considered in the
environmental analysis associated with the approval
of this Development Agreement and the EIR.
14. Restriction on Special Districts. The City and the
. Developer do hereby covenant and agree that during the term of
this Development A'greement, no special tax or assessment
district, which includes property owned by the Developer in the
Development will be created by the Cit.y or any agency or
instrumentality of the City, unless Developer expressly then
grants such authority and concurs in the creation of said
district and the terms and conditions of assessments or special
taxes to be levied thereunder.
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street wideni_ng, the installation of utilities and any other
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on-sife'or off-site facilities to be'performed by.Developer in
fulfilLment of any and all conditions imposed in connection with
the approval of the Map and/o'r any other tentative map with
respect to the Property, City shall promptly hold a hearing and
exercise its discretion in accordance with the terms of
California Code of Civil Procedure Section 1295.220, with a view
towards acquiring any and all required property for such widening
or installation and/or for purposes of acquiring temporary
easements to accomplish such purposes; provided, however, that
Developer, or its successor-in-interest with respect to the
Property shall be solely responsible for any and all costs
incurred by fhe City in connection with the acquisition of any
and all such property and/or easements.
16. Landscape and Recreation Maintenance Area.
Developer hereby agrees to join in the formation of a private
maintenance district for. pur-poses of maintaining landscaping and
recreat.ional facilities located on and appurtenant to the
Propezty so long as Developer's obligations thereunder shall be
consistent with and in proportion to the obligations of any other
private land ownei who shall be a member of said district and
provided that City agrees to maintain those portions of the
applicable d'istrict consisting of publicly dedicated
equestrian/pedestrian trails, public street rights-of-way, and
the fifty (50) foot scenic highway landscape strip to be
installed adjacent to the South Poway Parkway.
17.: Aliqnment of Pomerado Road. City hereby agrees
that in connection with the installation of Pomerado Road in
fulfillment of Condition Nos. 1.B. and_II.e. of Resolution P85-69
with respect to the Map, in the event City requires a realignment
of said Road, Developer shall not be required to pay all costs
for the completion of said Road in excess of the sum of Six
Hundred Fifty Thousand Dollars ($650,000.00).
18. Enforcement Unless amended or cancelled as
provided in Paragraph 11, this Development Agreement shall
continue to be enforceable by any party to it, notwithstandinq a
change in general or speeific plans, zoning,, subdivision,
building or other regulations adopted by City which al*_er or
amend the rules, regulations or policies applicable to the
Development.
19. Supercession of Aqreement bv Chanqes in State or
Federal Law In Ehe edent that State o:r Federal laws or
regulations enacted after this Development Agreement have been
enterecl into or the action or inaction of any other affected
governmental jurisdiction prevents or precludes compliance with
one or more provisions of this Development Agreement that
requires changes in plans, maps or pe,rmits approved by the City,
the parties shall:
(1) Provide the other party with written notice of
such State or Federal restriction, provide a copy of such
regulation or policy as a statement- of conflict for the
provisions o€ this Development Agreement; and
(;2) Promptly meet and con£er w"ith the�ot_her �p�;rty __,.
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this Development Agr.eement to comply with;such Federal o;r�
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Strate law'or regulation. Thereaf•ter, regardless of whether
the,part•ies reach agreement on Ehe effect of such Federal or
State;law regulation upon this Deve•lopment.Agreement, the
matte"r shall be scheduled for a fiearing before the City
Council, upon thirty (30) days notice, for the purposes of
determi.aing fFie exact modification or suspension which is
required by such Federal or State law o:r regulation.
Developer, at the hearing, shall have' the right to offer
testimony in evidence. Any modificat-'i"on or suspension shall
be taken by tkie affirmative vote of not less than a majority
of the City Council.
20. Enforced Delay and Extension of Times of
Performance In addition to specific provisions of this
Development Agreemeat, performance by eiEher party hereunder
shall not be deemed.to be in default where delays or defaults are
demonstrated to be due to acts of God, war, aefs or omissions of
the City, aets or omis'sions of third parties.which are not a
party to this,Deve_lopment Agneement, including but not limited
to, other go�ernmental agencies, or other causes beyond the
reasonable control o'f Developer. An extension of time in writing
for any such cause shall be granted for the period of the
enforced delay, or longer as mutually agseed upon, which period
shall commence to'run from the time of commencment of cause.
21_ Nobices Any notice or instrument required to be
given or de.livered to either party to the Development AgYeement
may be given or deliver,ed by depositing the same in the United
States mai1, certif'ied mail, postage prepaid, addressed to:
City: City of Poway
Post Office Box 789
Poway, California 92064
Attn: James L. Bowersox, City Manager
Developer: c/o Cadillac Fairview/Galifornia, Inc.
1'80Q Avenue o:f the Stars
Suite 730
Los Angeles; Galifornia 9.0067
Attn: Douglas Miller _
Notice of a change of address shall be deliverad in the same
manner as any other notice provided hereim,.and sha11 be
effective three days after:mailing by fhe above-described
procedure_
22. Remed-ies. In `the event a breach of this
Development Agreement occurs, irrepar:able harm is likely to occur
to the non-breaching party and damages may be an inadequate
remedy. To the extedt permitted by law, therefore, it is
expressly recognized that specific enfo:rcement of this
Development.Agreemenb is a proper and desirable remedy.
23. Ent'ire Aqreement. This Development Agxeement and
the exhibits herein contain the entire a,greement between the
par;ties, and is i-ntended by the part�ies to completelg state the
De�elopment Agreemept in fu11. Any agreement or re�resentation
respecting the matter,s dealt with herei=n or the duties of any
party in relation fhereto, not expressly set forth in this
Development Agreement; is null and void _' � _ __
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: � . 373 �
24. Severabi:lity. If�any term, pr,ovision, condition,
or covenant of this Deve'lopment Ag,ieement, or the applicat-ion
thereo£ to any party or circumstances, shall to any extent be
held invalid or unenforceable, the remaimder of the instrument,,
or the agplication o£ such term, provision, condition or covenant
to persons or c'ircumstances other than those as' to whom or which
it is held invalid or unenforceable, sha11 not be affected
thereby and each term and provision of this Development Agreement
shall be valid and enforceable to the fullest extent permitted by
law.
25. Counter,parts. This Development Agreement has been
executed in one or more counterparts, each of which has been
deemed an original, buf all of which constitute one and the same
instrument.
IN WITNESS WHEREOF, the undersigned have executed this
Development Agreement as of the day and year first above written.
"City" CITY F OWAY
By.:
Cr:
Its:
ATTEST:
�� - C��j
ajorie K. WaKlste /
City Clerk
APPROVED AS TO FORM:
� - l.��G�u .
Ste en M.. Eckis,
Ci• Attorney
"Developer" CF POWAY, LTD., a California
limited partnership
By: CADILLAC FAIRVIEW/
CALIFORNIA, INC., a
California corporation,
general partner
By. -
" Its: •V � •
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' I.�GAI.I�SCCgIIPTION
ORDER 1i0. 870974-6
?0t'i8 �0 • 1
EXHIBIT "A"
Yt�� South 8alf, oi thm:Nostheaoe Quart�r; ond: tho So�iths'a�t Qwrpar o! Baetion
23 aad ttie.Hist Half ,oi Ssctloa 2� apd thooe pore'lons of tha lioeth 8nlf o! the
-
6ort�eaoL QuarL�s �nd of tne Ysst galt oi �aid Seeiioo 23 and ths Boueheeat
Q�yrtar .of ttie 6outtrosst Quarter aad tha Bouthvsot Quprter of tha Boucheut
Quart�r'of 5aeti"on 14� nll So Tovn�hip 14 South, �nge'2 fdoaE, Son Sernardino
S�se and kari'di`an, in tha Ctty of Pons7,, Count� ai San -Dia�o, S[ata ot
Califoraia, aaeorQis� [o Ccifid Ststeo 'C�o�aiamnt' Susvey tpp;ovea SeptemDer
11, 1979, •oid poetiom b�iae daoesilied ae Lollov�:
Deginning •c a polnt on th� �aeterlr lia� of MSoeion.toaL 1-A, •ccording ta
}�p of eald t4laeioa !Rogd 1-s, Sl►a�t 15, 8•n Diago .Counc� 8lghva7 Co�is�ion,
filed' in she Affice oi the Cwnty Sur�eyot o! San Diego Couat7, vhtah �aid
Point of beginning bg�ro South �'14'S2" Sasc, ,289.06 feet irom the
intenection ot t6e Rorth liae ef Seciioa 13, ■t a, potat 17otth S8'S7' Hesc,
3955.5 feat.fY� tha Rortbesot eornos e! �aid Seecion.aitb the eentsY lina of
aaid toad �t. Etecion 778+�0.9 te@reol; eh�ac� 8ouih 78'49'07" $��t. 197.25
i��t; thenee North 0 Last,.s0.6 fset;:.sora or laoo. to thr Southreet
torner of tha land daoeribed in De�d to R• C•�Dor�r and Caroline BoYer,
huebnad and .rl Tocorded Pebruar.y 10, 1941 ia �ook 13]6', po�e 176 oi
.
Offieial� Raeord�; shepce.,_Souih 89'17' East� IeO.loaC; thanea Diosth.70'OB`45".
Fapt. 28B'.39 faet; �chenn�`'Noifh' 63'29'1S' Bnet, 224:94 iese,; . thenco: Horth.
58•05'25" E■ot, 236.33 t�e; .to the Soutr�aar eorner of sM laad de�eribad in
Dend to Ldvard C. Hcl►leee et wc,, rocorded Au;u�t :18, 1427 in �ook 1D61, page
�78 of, Dm6ds; thenes ltortih 0°43' E��t olorg,xh`s Eaet lino of l�nd describ�d !n
said Ased to McAle�a et wc, 11.2 i�et Lo tA� Sau;hvo�i tornmr of laad
deecriDnd !n Doed to� Caci,l E. Yood, r�eorded AuQu�t 20, 1927 in Sook 1361,
poge YBS, �of Deeds; th�ncr 1DOreh 83'20' Seot, along th• South line of laod
descrip�d in ,ssid Deed sa,iiood, 242.01 fset to tha'Southeaet tornar therQOl:
ehence Rosth 0'6'3' Esst •long.sh� Le�t liar of load describ�d Sn tRe.�aid Dead
to �7ooda. 217•80 foet to th�'� Norpheast eorner er�raol; theace liorth B9'ZO'
Baet •loag a;lina tRnt ie psra11a1 vith ead- 30 Sa�q dl�eaet et tight angle�
Southarl� tfom �he ceneai line of eha b0 foot Caiaty �ad so .Povay, 242,D1
l�et to tAa Borthwst' eoraer oP Lnd dooqtibed in D�ed to Oa1a Sans1
Sarringtoa, •od_ 8acila �llsaleth 8azriagton. hu�Land and rifa, r�eoldad Marel�
2, 1918 in Hook 745', pegs 4b9 oi OificYSl .8eeordo; cAence 8outh D'43' vut
,1ong th0 Veet 11na ot ,laod dnderlDed ia emid D�ed to 6orsingtoo. 417.SO 4set :
to the Southvasti corcaz,thstsof; tA�nno Roeth 83'20' Ea�t, 658•12 faet; th�aca
BortA 49 Ea�L 89.22 fea`t; Chancs 17oreb 70'k7'S9' Euq. 964.45 teat;
lhenee 6ouLh 99'2.1' Easi, 1S;fs�t, oose or le�a, to intora�eiion vith the ide0t
11nm o! Che 5outheeot Qphtter of tha Southa�et Quertms o! amld 600tlon 14;
thanea 8oatfi alon8 �ai'd Vut 11ae to lnt�z��;etioa. vitr CAs liorih 11na ni
S�etion 27; theace Li�t alon� th� Forth lias et sa!'d B��t1on 23� 602.96 teee.
soso or -1�sq eo ths Northeart:¢osaer oi'thn pareal 04 l�nd meeond QaserlbeQ !a
Deed to H. M. Barringtoa et aa, seaosded June 23, 1926 in 800k �179. page 410
of Deede;; thenea Soyth A']9' Veot, 332.65 feat; theaee North 83 30 Leut, 760
tset. eoi• or lsu, to. the �aat li� ot omid Sactton ZE; ,tl+naaa Bweh alon�
said 8aet line to 'the Soi�thosst coraer a! th• l�ostheamt Qwtter of tho
WortEeaot Quatter of 'utd Baetion 23; t6snee ii�st along th� But sad Haet
� eanier lias of' ihe Northeost Quasta! o! seid S�ction 23 to th� Soathveot
eorner of tro Nortlwa�r Qunrtas ot Wertbesot Quaster ei sa1L �eetion 29;
thenea BwtR aloag 'the Rorsh �nd Swtl+ eenter liae of �sld Beetion 23 to tha
". South Quortsr corner of oaid S�Ctioa; theaee Hast along the South 2ine of satQ
EXHIBIT 'A"
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oaa�a xo:, e�o9ia-e' U�. 375
racE �o, z
Seetion, South i9'`2' Nest, f73•77 fset; tAenca �Iorth 0'41" 8aot� 1b6.l7 fase
to �_po1nL on; a CYTPD tOLC6V! �=tAlaR�lS� tAa eantar of vhich baen Noreh
0'41'. Eaae, 30:i�st trom �aid la�t mzsciooed :peiat;: thencm Horthvmaterl� and
Aoreherly aloag'ert,sre o! oii'd eurve 9S•99 feet;,t6sac6 South 8] Yaat,
1R6.66 lees; tRenca Soutt� �8°S�3' i�set, 1�0 feaG to a poiat id the Bastsrl�
line of �aid Fitsoton Road 1•A; theae� North il'35'` i�ist aion� be�d Eaecarly
lioo, 125 fset; thencd: North 4S'S7'S7" 8ast 190.1'4 fe�t; thanco touth 71'14`
Laot, 191.57 faec; theaee 9ouCh 89'19' Eaat. �0 laet; thsnea Dtozsh -0'41' East,
216.47 [emt; theaca Nort6 68'19' Wqt, 1t3..3i f�ot; thance Ilorth S4•46'SO'
Reos, 185.6'3 t6ee to_ a�oiat in o eurw eenoavf Rorthvsscssly the e�ntas of
dhich beare liorth .69'18"17" Veit, 65.82 fast lrom, raid lut aontionad Doint;
lhenca Northeaatarly slong the arc of �sid cur.ve 70.01 feet; tAenee tengent to
•mid e+arv�, liorch 25'03'13" 6ia�E, 199.79 feeE; thsnoe Rorth 24 Hoet,
177.31 f��t; 19or.th 13'2S'OS" Va�t, 610al9 taet; tfienee Porth 0°52'16"
Weat, 74�.61 fe�t co tho boglaniae of a tanaent eurv� qo the right huving m
rodiva of 78,27 feee; thance Ls�ti�rly alon� thq ot'e of �mid �urva. 120.�8
l�et; thene• tangeaC Eo uid nus�e. 1lorth 87'1S' �aot, 227.BS taet to the
begianing ot a tangent eiuve t000a�e �ost�eetetl� lh�ln8 m t�dius of 127•64
faet; eheae• 1Perthep�tqrl� ;and Porthnrl� dlon� tho �re ot paid eusve, 305
Sttt, �oore or le�o,; to the l�orth liao oi the Portheaat Qusrtar of thp
Sauthvaat Qwst�r oi �aSE Sqction 23; tAan�c VaaL �lond ■sid �osth ;line snd
r she Notth lin� .oi th�'North Hali of the S�thxa�t ot' �mid Beetion to�
taterosctioo vi'ih the'Northeasterly lina of lead daecsibed ae Pereel I Sa O��d
to Ivp Alias Ara�eroag, seeord�d Deeember 16;.1901 !n Sook 1Z81, poge.391 0!
Otfieial Reeord�; thmnem Aotthvaotosly ■lon� sald Northea�ierly 1Sns aad the
Siosthsa�tasly and ltortharly lfne of Pasecl l, daoerlOad: in �aid Desd to Poinr
ot Intaeeection vith. ths' Buteriy lino ei uid Mi��ion load A-1 oeid point
peing in a, curve conc�ve SontheasEesl� hs�ing • r�diu�'of 9a0 feet ehe coater
o! rAieh Es6ra South 74'23'-02" Saet lrom �aid poiat; tA�aee Rorthea�tsrly
along the Easterly lina oi eaid roed �nd elong the are of moid enrve Y79.07
Ysot; theneo 'tanEsat to sa!'d wcva, Notth 71'S6' East, 1464,58 leet ta the
DegSaaing of i tengent eurva eoneava Bo=threstsrly RavinR • radlua of 720
t�mt; eF�neo Noztha�st�rly and Northarly �lon; tha sre ot oaid eurva, 99Z•28
feet; Chence liorLh 0'63' LaoL, 200.15 faat to the'Polnt of E:giaaiag.
Hseepeing iRerefrom all shnt pottloa l�ia` poctherly o! tha eantee line of the
50..�00 loot Councy Rosd, knoqn ae Netate Lone, accosding te the llap of lload.
Survey Ao. 867, filed, ia the Of,ficq of tba Couat� Hoeorder of eaid Count� and '
t7e�tarly oi ths �oaE Laoterly 'boundary ot Tuatia E111s Unit lto. l, aecording '
to Map thsreoi No. .6642, filed So th� Oiflg• o! Lhe Coun;y a�corper of S�o
Diego County. :ianusty 12, 196Q. together rith all that Fostion lTiog mitAin
caid tlnp A��2.
Aleo sxceptln� therefrom ttut portioa daoeiibad ao lollovt:
Co�mencin� at the Nostkaaot torner. oi PomeraGa Gtdena, �ccordiag io tha NsD
thezaoi No. i282, filod in the Office of L�a'County A�cordet ei uid 8an DioQn
Cotimt7, Julr 29, 1959;;ihep¢• South 06'�7'00' Laot, along ehe ►oundas� of said
iom�redo G�rdaap. l°b:00 lest to the T� POIpT OF bECINHINC; tbaace concinuing
• a2ong thm 6ouadas7 olr�aid Pomerado Cardene �o #ollovo:
' Sovth 06'�3'00' EE6t; 199.00 faet to the be6taniag o! s tang�nt 770.00 foot
sadius eutae, conead'e Northeaatsrl7; Souther:lr along a�ld curvo 229.42 faee
thrwah • caneral magla of 3S'31'38" Soath, 47 Yape. 41.00 f�ee, Soueh
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• .�cet. D�scugrzoe� `� . 3 7 Pi
Og�g.p0. 830974-6
YeG3 tao. 9
65'19.'00" Vaet, ,749.76 lmer, .nd $outh_Dl°56'00;1 9867� peet� t ca l South
Leving oald boundas'9 SoutE, S8°04''00' iast,_
04'41'00' Bast. 294 95 leet; th�ne� HIorth 85=19'00" Ease, 11A7'.9S loet; thenee
South 66'S6'00'; gast 693;.54 fmst; thance South B]'10'00" Ee�e,. 420.00 fost;
tbanee Bortt+ OS°04'00' Ye�c. S7S:00 ff�t; thaaee North L6'28'00" Eaot. 504.18
foec to the. intasoeetioe vith ths Southerly prolongstlon of the 8moterl� 3ine
of land deaetibed 1n 'Deed to 'luotin D'ave2opmene 'Corporation� a California
corposat!'on raeorded J�i17 �0,. 1959 !a 800k 7799,, yagey �2 of Offielml Aeeozdo;
shonem Worth 00'62'20" S��L ■long said Soucherl� prolong¢eioa 93Y•00 feet t4
tha Southaaet eornet o! lmad eo deoe;il+od in aeid De�d to 'l��tin Davslogsent
Corpo=�tion; thenes Souf6 BS'27'00" N�at,, Bioni t�e Boutherl� line ot lsnd o0
4eoeribed; 13Z1.20 loot to eha later�ectioa vith the South�rly prolongation of
tha S�otsrly line of �na a�.c:sb.a in D�ad' to Yhodp�oa-Brova Coppany of
Colidornio, et sl, r�eordad Oetobor 16, 1959 ia Dook 79�6, pegs 194 of
Offieisl` Rocordp; ehsnee:North G6'�3'00' We�t along oaid'proloagation ps►d anid
p,dsc ilne oi soid lanE,6.1.0,0 t��t;' tReneo South B3'27'00" Voat, ►arsiTel vith
tl►o Bouth liae oi elid 'lhoap�oa-Hra+o lqad aod the Ye�tsely Prolongation
t6araof, �99.4� f��t; 'tl+enca 8outh 06 Es�t; ♦1.00 i��t to tbs
latar+eetion vith tAa Southerl�,,llne oi omid Tuatln Deoelopm�nt Corpotacion
Lnd; thenee!6outh 83'-27'00' Va�s ¢long oaid 6outhszl� line, 19.00 fea� to che
't1E1JE POSNS OP DlGI�QING•
Also eaceptiag thetstt�'that pottion ae.ersbre:ar'toiiova
fe`inning at the: intcrsaetion ot thm eoneer linc oi the Counqy Ao�d,, •0.00
foet vide, l�+ovn sa Ktmsion 8o�d 1-A, aceozding eo qap in tho Ol�le� ef tha
Cotimty Survapor, sei'd 'Couat�, vith CAa e�nter ot the 50.00, toot Couuty
Road, kno�rn �e Mecats Lana, �ecosding to l4ap oi KoRd, Sur:vmy 110. Bt7� tiLd in
the Otiie� of £ho Courit�. lteeotdsr of s�id County, b�ing Eagin�er'm Station
O�OO on eaid cene�r lia� oi"Hoad Survey Dio• a87:� theoee along �sid esntar lina
of '�ad .8urvay tio. d89, liottl+.85'19' 8a�t. 1Q43.7 feet to en �agls point in
o�id Aosd Survey; th�nea liossh B3'27' Esat sioag oai'd emat�r .lipa (rmcord
aorth '89'20'' Eaos;) S�S,.00 feee; thanco Sasth, 6'33'00' Emst, 210.0,0 f��t co
the ba;inning oi a tanaeat 370.00 toot sadiup euryo coeeavo North�amtsrly;
thenee 8outherly slona aaid eusvs, 129.42 feot througr pn aag2e o! !S'31'36';
trenea rRdial3y ,to_ esid curvo, South A7'SS'22." 4e�t, 41..,00 feet; thenea $outh
8S Vest, 799.X6 Yost `to a lina utsieh im pa;�13s1 �sich oad distaae
9II.00 feet Southasotari�. ot ligRt �n�,lse,, trom ;[he eoetnr lis►e of ��id ;
DLi�eion Road 1 A vfiere �sid a�eterliaa tiaf thnt eouraa sad dietaee4 a6e+ro ae
]forth �1'36'00' 8est, 1464.58; taot: t�saeo, paral�lei vith oaid eoar�• South
�1'S6'00' Eaot, 939•30 te�c;.,:th�nee �outh 11'16'DO" tdeo,t, 60.00 laac; Ch�nco
Soacl+ �l'S6'00' i►oot 1'.10.00 l��t; th�net BoutA 67 IIhot. 99.01 faae;
thanee ioush 6 150.00 tut; ;Aonea Boafth 23'12'30" Es�t, 69.38
feet; ehaneo 'South 6'37^1_0' E�et, 300•00 feet to th� South�Yly liaa of said
llorth 9a�f o! Sactioa ,t],; thpnee 1lorth 69'32'17' tlaa! mloa� 'taid 8wthmclp
lino. D43•�6 feat to ,the,Nottherlr line oi tAat esrtnin Pareml 2, dueYlDad in
tl+a Dead, to N_o,ra Merohall, r�aorded July 6, 1955 io �ook 5705, page 215 oi
0lflcial Amoord�; Eheneo I�orth 76'S]'S8' 9eat'. (roeord loerth 76 Ne�c)
alona aoid No;trer,ly 3ino, lil.b8 feet to, ths Ye�t�s17 ead tberaof; thanee
Souch T�°06'02" �ls�r (sacprd Bouth 1D Na�t) 25t00 !wt to said
, Southasly line of the,;lJor,cA A�lf of Bsctioa Z3. bsing, ALSO =1ia; �at 8aeterlT
eornas oi that Pareoi Y, ,a�seribse in eka D�od to Iv9 A1le+'esooerena+
seeoided Deeombsr 16., 1941 in 800k 1211� pa�_ ]91 0! otiieial Roeorde; thenae
1lorth 76•53'S.8' Yeet (r�cord iorth 76'S6'Sl' �s�e) siong the Rorthasstarly
F r
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LBCAL . DLSCSIP2ION • •
08D£8 Dio: 83097M6 i! 3?'l
pAGE b0. 4
11ne of said laseel 8� a di�tmpco of'178,.99 taet to saal. in taid loundar�;
• th�ae� ,eonti'm�i�� �tth 71'20'07' Yast (=ecord Borth 71 �set) olong
��id liorehee�eorl� linm aad the AoYtEemotarly llna of lascel l. deocribed la
�aid Dssd. 72Q.S1 tamt to a tangent poias, oi wr�a on the Worchacly line oi
oaid YE;epl, l. eaid eyrvo 3eing C06C0YA BoucA�aoeorly aod l�+vint a r�dlpa of
25.00 l�mt; thene� Hesterl�: aiong �ai"d Aoreh�rly line and mlon� eeid eur.�,
40•58 teat �tiroiiiA • emntrnl ea�le ot 93'00'00' to • loiot of IntmtaQCiion
vith the Eaeissl9 uo� ei'esid Hleoien Road 1-A, osiQ bain� in n eus�o
�`n2 v07w8� Q°� sadi lly es d eu f st�to • CAa eeater line s of p eaid
Mis�ion Aoad 1rA; thenes NoptDe�oterly along sh� 1000.00 foot radiu� curw Sn
oaid oant�s lino. 293.9a fset,Ehrough mn arg1R of 16'16'OY; th�n¢o tangant co
said curva 1�o;S�+,31°56'00' ��c. along aoid e�nt�r lins� • distanca of 1�62.69
f��t (roeord 1�64.3s imQt} to efio b9g1ASiSAa Of `� taa�snt curvs eoacsw
llorclm+srearly nnd hnviag a sadiu� o! 700.00 teet; thence liortherly olong thr
are of the lasT eaid curoe, tbroagh �n aagle oi 7'S8'30' s distanee o! 97.13
tamt to tAe Potat e! Begianiag.
lak/eo . .
3/11/81 _ _ < . -
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CAT. NO. NN00636
- � _ . - T01954.CA.(7-82) ��TI7LEINSURANCE
(Corporacion as�.a Parmer.ofa °artnership) �ANOTRUST
S'I'ATE:OF� CAI.JF9RNI ��mm�<oMn�xr
COU�T�' OF �o �� E � ,} �...
� Oq . 3d C{$S 6efore me�, che a Notary Public in and.for
said-State, personally:appcared l.LJ2i.
W personally known [o me or proved to me on the basis of�sa[isfactory evidence to be the person who ezecured�
a.
_� [he wichin instiument as:the �R�. �1, ��' President, axd�
� .... .. . . c-on-t6e-�ssis ef ca � f m[v evidens
. � �r��- pers�n e-exe ��y� �+e -�v�� rn$cr ras �Seceztar�of�
� � ��l'nclllca.,,—Fci��i , ..)/(�a9 , i��=,,��_c+, 1�.,0,�
'` � the corporation d t e�witliin instrument.on
behalf of __� I'ov)AU �T'�
[h partners}iip thar�executed� '"�� "�''��"`' °"�'r^^`.r
OFFICIAL SEAL
the�within ins[rument, and acknowledged"ro me ifiaz�such � " BERNICE SAMBERG �
cqrporation execuced: the same as such� parmer and that tsE.,, . NOiARY PUBLIC •CA�IFUknIA ,�
such partnership execu[ed the same LOS �ANGELES COUNTY +;
. WITNL•SS my hand and official seal. MyCommission Ezpvee'Mer.�2, 1988 �
U
Signa[urc _. . (This arca for official no�arial seaU
� �. i • .
� ' u.. 379
STATE OF CALIFORNIA )
) 55.
COUNTY OF )
On this � � day of �e� e�v,b�� 1985, before me, a
Notary Public in and for said State, personally appeared
Gc��L 2- /�ra:S �., .�known to me (or pro�ed to me on the
basis of satisfactory evidence) to be tfie person who executed the
within instrument as the M`G� ,r of the CITY OF POWAY, a
general law municipal corpora ion, and acknowledged to me that
sueh general law muricipal c�r�oratiaa sxecuted the same.
WITNESS:my hand and official seal.
"" " � npr;.a:1!. >FA1.
`" i0 SEIBERT
( � NOTqRY PUBLIC � CAUFOqNIA
— i'C/'� " � �� Y SANOIEGOGOUNTY
MyComm E.pire�0a� IB,I988
Nota y Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of , 1985, before me, a
Notary Public in and fot said State, personally appeared
, knocan to me �or proved to me on the basis of
satisfactory evidence) to be the person who'executed the within
?nstrument �5 th2 �'ity CleLk Of bhe, CITY ^vF FCSV�'iY� p geIIeiei ia'v+
murricipal corporation, and acknowledged to me that such general
law municipal corponation executed the same.
WITNESS my hand and official seal.
n
No£ary Public
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_ ; � �
y ��� �
STATE OF CALIFORNIA )
COUNTY OF SHn1 �rtyJ � ss.
On. fhi•s 3� day of L�cC . ; 1985,; before me, a
Notary Publ-ic in a`nd fo,r, State, peisonal'iy appeared
f,. _� E�,e,-, , known to me (or prbved to me on the
basis f ,satisfact ev'idence) to be,'the person who executed the
within instrument as 'the C;7� lTa^Ne of the CITY OF POWAY, a
general law municipal c.o,rporation, and acknowledged to me that
', such general law municipal corporation executed the same.
WITNESS my ha.nd and off;icial seaI'.
�:•.�•�,.. � OFfIC1AL.5EpL
� IQ SEIBERT�
/,_p '��. o� • � NOTARO oUBUC GFLIPORNIA
- i . .�(�✓C/' Sql. p�EGO COUNTY
�NOLCaI,y Pub�Ii�C "'r�°'^m��q��asot�ie,ivse '.
. ,i
STATE OF'CALIFORN:IA ) • . �
� SS. ,
COUNTY OF ), �
On thi's ' d_ay zof ; 1985, before me, a
Notary Public in and for sai_d personally appeared
, known to:me (or proved to'me on'the basis of
satisfactory evidence) to be t-he person who exe¢uted the within
instrument as the City Clerk of tHe GITY OF POWAY, a general law
municipal corporat'ion, and acknowledged to me that sucn general
law municipal corp"oiation executed the same..
WITNESS my hand a"nd officia'1 seal.
Notarg Public
��
`
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