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Amendment to Reciprocal Easement Agreement 2009-0402560(RECORDING REQUESTED BY: d Poway Redevelopment AgencyV AND WHEN RECORDED MAIL TO`VP Poway Redevelopment Agency " Pow a 1 �3 , CA 92074 -0789 2$ Attn: Redevelopment Services Director 32348:1 -19 323 - 48.1 =20 DOC # 2009 - 0402560 11111 it 1EI 1111111111111111111111111111111111111111111111111 JUL 21, 2009 3:55 PM OFFICIAL RECORDS N DIEGO COUNTY RELURDERc OFFICE DA:vib L E'IITLER. COCTr REEORDER FEE 1400 PAGES: 4 (Space above for Recorder's Use) AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT Exempt from recording fees'pursuard to Gov't' Code sections 6103 and 27383 WHEREAS, a Reciprocal. Easement Agreement ( "REA ") was entered. into on August 10, 2007, between the, Poway Redevelopment) Agency, ( "Agency ") and Ocean Park Hotels - Pwy, LLC ( "Hotel Parcel Owner'); which was recorded as Document No. 2007 - 0625814 in the Official Records of °the Office of the San Diego County Recorder on September 25, 2007; and WHEREAS, the Agency and Hotel Parcel owner have entered into a. Disposition and Development Agreement ("DDA ") in which. the Agency agreed to convey a. certain parcel of real property to the Hotel Parcel Owner for construction of a hotel, and the Agency retained ownership of an adjacent parcel of property referenced in the DDA as the Restaurant Parcel; and WHEREAS, section 404 of the DDA required the Agency and Hotel Parcel', Owner to grant -each other reciprocal easements over certain portions,of'the.propertyIon. the terms and conditions. set forth in the REA,; including the 'respective maintenance; obligations of "the parties forthe common area improvements; and WHEREAS, the parties have, determined that-there is a need:to amend the REA to clarify certain common area maintenance obligations. NOW THEREFORE', for good and valuable consideration, the receipt and sufficiency of'which are' hereby -acknowledged; the patties hereto agree as follows: 1. Section 3(b) of: `the REA, entitled "Debris and Refuse" is 'amended to eliminate the obligation for daily sweeping, as follows: "`Debris and Refuse. Following construction; the periodic removal of all papers, debris, filth, and refuse; to. the extent necessary to keep the Maintained. Area in a first- class, clean and orderly condition. All debris and refuse removal activity shall be: at appropriate intervals during such times as shall not interfere with the conduct of business or use of the Maintained Area by the Grantees." Page 1 of2 09-()59 1.4329 2. All other terms and conditions of the REA shall remain in full force and effect. APPROVED AS TO FORM: By: (�kc-- az� Lisa A. Foster Agency General Counsel POWAY REDEVELOPMENT AGENCY Rod Gould, Executive Directo (Signature must be notarized) HOTEL PARCEL OWNER: OCEAN PARK HOTELS, PWY -LLC, a California limited liability company By: (� 'k \ James M. Flagg, Manager (Signature must be notarized) Page 2 of 2 14`330 ACKNOWLEDGMENT State of California County of 30.11 Ljd 6 ofoiopo ) On 0 W' 0 before me, TPXVI h L • lrl&3 �`�� ��r��,�' (ins rt name and title of the officer) & personally appeared d - 1t) t "� , = Fj who proved to me on thO) basis of satisfactory eviden(5e to be the personal whose name(# is /are- subscribed to the within instrument and acknowledged tome that he /sheAl4eyexecuted the same in his /her¢tbeir authorized capacity(f), and that by his /he4heirsignatureW on the,instrumentthe personK or the entity upon behalf of which the person$ acted; executed thetihstrument. I certify under-PENALTY OF PERJURY under the laws of' the !State of California that the paragraph is true and correct. WITNESS my hand and official seal. TEaRy L'WESTaOPE LQ CL SIon a 1724760 Noubllc- Calitoinlq so Obispo County B pkWFeb1l,2011 Signature D 4 tQb�� (Seat) 14331 State of California County of $an nieen On before me, -Sb gpay_( O)linsI tai�r Pf thliC Dal. - ere laaan Nam. as —dliH. of Me ofri�r personally appeared ILUM _ who, proved tome on the basis of satisfactory evidence to _ be the person(s) -whose name(.%&We subscribed to the within instrument and acknowledged to me that OsheEt4iey executed the same in edWeir- authorized capacity(iee), and that by IQis7h 46aiusignature(Wbn the instrument the person(e), or the entity upon behalf of which the person(sf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and and offici Teal. Signature Place Nafary Seal mme SI iw of No c OPTIONAL Though the information below Is rat required bylaw, it may prove valuable to persons relying on Me document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document Date Signer(s) Other Capacity(ies) Claimed bySigner(s) ❑ Individual Ij Corporate Officer - .Title(s): ❑ Partner — ❑Limited p'General • Attorney in Fact • Trustee. • Guardian or Conservator ❑ Other: Signer Is Representing: Signer's; Name: ❑ Individual ❑ Corporate Officer — TAIe(s): - ❑ Partner —❑ Limited ❑ General. ❑ Attorneyin Fact ❑ Trustee fop or mvne Here ❑ Guardian or Conservator ❑ Other: Signer is Representing: YK?SG�4` YGGY4�Y ,4`.JGL!GC:/G�Si ✓ \VS�J_GL G�✓ KG\ JG`% G�JS\' G�✓ G\ 4G\' ✓S�✓SCYSL./.:�G<YG'YG \YS'.'/S "✓ .' • ..... i