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Covenant Regarding Real Property 2012-0273228APN: 320 - 220 -03 COVENANT REGARDING REAL PROPERTY Sorrento Properties Inc., PROPERTY OWNER ( "OWNER" hereinafter), is the owner of real property located at 11906 Tech Center Court and commonly known as Assessors' Parcel Number 320 - 220 -03 ( "PROPERTY" hereinafter). In consideration of the approval of Development Review (DR) 11 -07 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to remove the 6,000- square -foot, 45 -foot- tall, temporary building established pursuant to DR 11 -07 and restore the site in the vicinity of the temporary building to the condition that existed before construction of the temporary building by December 31, 2019. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. If either party incurs costs as a result of filing a civil actionto enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. OWNER: Sorrento West Properties Inc. Dated: �"� ��11 �1- By; r A Joseph Maskkaaleenko (Notarize) y Its: r CITY OF POWAY Dated: �A// By: Robert J. Marfis ""! Director of Development rvices m: \planning \jason\covenants \ga covenant.docx %?f D O C ## 2012-0273228 IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII 1111111111111111111 IN RECORDING REQUEST BY: ) �n t__ MAY 09, 2012 8:15 AM CITY OF POWAY t OFFICIAL RECORDS WHEN RECORDED MAIL TO: j :,) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 19.00 CITY CLERK ) PAGES: 2 CITY OF POWAY ) P 0 BOX 789 I IIIIIIIIIIIIIIIIIIIII IIIII IIII IIIII IIIII IIIII IIII 1111111111111111111111111 IIIIIIII P WAY CA 92074 -0789 ) (This space for Recorder's Use) APN: 320 - 220 -03 COVENANT REGARDING REAL PROPERTY Sorrento Properties Inc., PROPERTY OWNER ( "OWNER" hereinafter), is the owner of real property located at 11906 Tech Center Court and commonly known as Assessors' Parcel Number 320 - 220 -03 ( "PROPERTY" hereinafter). In consideration of the approval of Development Review (DR) 11 -07 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to remove the 6,000- square -foot, 45 -foot- tall, temporary building established pursuant to DR 11 -07 and restore the site in the vicinity of the temporary building to the condition that existed before construction of the temporary building by December 31, 2019. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. If either party incurs costs as a result of filing a civil actionto enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. OWNER: Sorrento West Properties Inc. Dated: �"� ��11 �1- By; r A Joseph Maskkaaleenko (Notarize) y Its: r CITY OF POWAY Dated: �A// By: Robert J. Marfis ""! Director of Development rvices m: \planning \jason\covenants \ga covenant.docx %?f CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of S0.n �(Q4� coj On E9 �l Z before me, A.e —f Yl4r� e Ulf cn, > ry P1 (r Date Here Insert Name a d Title of the Officer personally appeared ToSe.pk tnaM Ka_[e-r.kO Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person4d) whose name(d) dafa. subscribed to the within instrument and acknowledged to me that &shel� executed the same in his authorized capacity(ies), and that by i herftheir signature(,s.} on the instrument the LYNNE-MARIE VETTERS person(a), or the entity upon behalf of which the Commission #F 1919792 Z person(g),acted, executed the instrument. Notary Public - CsUfortlis SO Diego CourIty I certify under PENALTY OF PERJURY under the my Comas Extires Jon 1 2015 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Signature: Place Notary Seal Above Signature of Notary 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 Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): • Individual • Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee M. ❑ General Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association - NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907