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:
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