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HomeMy WebLinkAboutEx. 5 Declaration of RestrictionsRECORDING .REQUESTED BY: f. Patterson Willsey At::corney Ai. Lcsw 1254 Irvine Boulevard suite 130 TUstin, California 92680 WREN RECORDED !!AIL TO: F. Patterson Willsey Attorney At Lav 1254 Irvine Bou1evard suite l.30 Tustin, California 92680 l 86-062599 ) • > IIECOftDED IN OffiCIAl RECORDS l MAR 11 1986 AT am,a l wi IIIWRIIINo coum. ~- > ) ) ) ) l K,,,_,. USA S'i) m ,..(;.3 rE.P E teF co (Space above for Recorder's use} DECLJIIRATION OF RESTRICTIONS AND RECIPROCAL GRAFl' Of EASEMENTS THIS DECLA.RATION OF RESTRICTIONS AND RECIPROCAL GRANT OF EASEMENTS ("Declaration") is made as of --"''-'-'"'--"----------' 1986, by an4 between HIGHLAND A•v ½¥""•ft f-,'t,fNfJ t......., ·q,-- PLAZA PARTNERS, a California Joi11t o•ent.ui-e ("Pl.aza"), and v TOBY HACKEL, an individual ("Hackel"). Plaza and Hackel will sometimes be collectively referred to in this Declaration as the "parties". TBe parties, for themselves, their heirs, executors, administrators, successors in interest, assigns and all sUbsequent fee owners of any part of the Shopping center (as the phrase "Shopping center" is defined below), agree as follows: FACT RECITJ\LS This Declaration is made in contemplation ot and with respect to the following facts: 86-002599 A. The Shopping center- This Declaration is made with respect to certain real properties located in the city ot San Bernardino, County ot San Bernardino, State of California, identified on Exhibit •A• attached hereto (the "Plaza Property") and Exhibit "B" attached hereto (the •Hack.el Property") • The Plaza Property and the Hackel Property are collectively referred to in this Declaration as the "Shopping Center". Property. Property. ( 1) Plaza currently is the owner of the Plaza Hackel is currently the owner ot the Hackel ( 2) The Hackel Property is currently improved with an approximately Six Thousand Eight Hundred Seventy (6,870) square foot building which has been leased to BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a California corporation ("B of A"). The lease with B of A expires on or about November 2, 1987 with two {2) options to extend the term of such lease, each for a period of ten (10} years. B~ Purpose of this Declaration. Plaza desires to develop the Plaza Property in accordance with the Site Plan (as the term "Site Plan" is defined below) for the operation of a commercial shopping center to be integrated with the Hackel Property for the mutual benefit of Plaza and Hackel, and for such purpose the parties hereby fix and establish certain easements, covenants, conditions, restrictions, liens, and charges 2 86-062599 {collectively "Restrictions•), upon and subject to which all of the Shopping center, or any part thereof, uhall be improved, held, leased, sold, and/or conveyed during the term of this Declaration. c. Prior Declarations on the ShOPPina center- On or about February 22, 1966, prior owners of the Hackel Property and the Plaza Property entered into a certain written "DECLARATION OF ESTABLIS!IKEJIT OF COVENANTS AND RESERVATIONS AFFECTING REAL PROPERTY" {the "Prior Declaration") which instrument was recorded on September 2, 1966, in Book 6691, Page 610 of the Official Records of San Bernardino county. The Prior Declaration affects both the Hackel Property and the Plaza Property. This Declaration shall supersede and terminate the Prior Declaration in all :respects. D. Declaration Binding on All occupants. It is the intent of the Parties that each and every Restriction contained in this Declaration sha11 be binding not only on the parties, but on each and every occupant of the Shopping center. The ten "Occupant" shall mean each of the parties and any person, persons, or entities ~rom ti•e to time entitled to the use and occupancy of the Shopping Center or any part thereof under any lease, license, or concession agree.aent, or other instrument or arrangement under which such occupant acquires his (or its) status as such. The term •party• shall refer to each or the persons or entities executing this Declaration, or their 3 86-002599 respective successors in interest of their respective interests in the Shopping Center as of the time in question (i.e., the date of the exercise cf powers or rights or the perfonn.ance or or failure of pertormance by such party of obligations created by this Declaration), who are either (l) a person, persons, or entity holding record fee title to all or any portion of the Shopping Center, except as provided in (2); or (2) the lessee or lessees under a lease o~ all or a portion of the Shopping center tor a fixed term ( including options) of thirty-five (35) years or longer, in which event the :fee owner of the. real property covered by such lease shall !"1'8._t J::?e d':..,emed to be a party as to such property for purposes of this Declaration during the duration of such lease. l, DEFrNITIOllS. (a) For the purpose of this Declaration the term "common Area" shali mean a.L.l area or tne Shopping center upon which none of the Buildings {as the term "Building" is de:fined below) are constructed and which are subject to nonexclusive use of any single Occupant but which shall in all events include: ( l) The parking lot and individual parking spaces for passenger vehicles ( including employee parking areas}; {2) The roadways to provide vehicular access to and ingress and egress to and from and in and out of such 4 I 86-002599 individual parking spaces and parking lot on the Shopping Center; (3) Sidewalks and vall<'liays to provide pedestrian access to and inqress and egress to and from such individual parking spaces, the parking lot and the Buildings; and (4) All landscaped and planted areas; (bl For the purposes of this Declaration the term "Buildings" shall •ean those structures existing or to be constructed upon the Shopping Center. (c) For the purposes of this Declaration the term "Impact Zone" shall refer to that area shown by cross- hatching on Exhibit •c• attached hereto. The I:m.pact Zone shall be a part of the Common Area utilized for individual parking spaces for passenger vehicles and roadways to provide vehicular access to and ingress and egress to and from and in and out ot such individual parking spaces in the parking lalts of the Shopping center. No Building may be constructed by Plaza in the rmpact Zone without the written ~consent of the owner of the Hackel property, in its sole and absolute discretion and notvithstanding the provisions of paragraph 17 to the contrary. (d) For the purposes or this Declaration the term "Shopping Center" shall collectively refer to the Hackel Property and the Plaza Property as an integrated retail shopping center. A site plan (the •site Plan•) for the Shopping Center is attached hereto for reference purposes as 5 -------------·, 86-002599 Exhibit • o•. For all purposes of this Declaration, the development of the Shopping center in accordance with the Site Plan shall be det!lled to be an allowable development of the Shopping Center and shall require no further approvals of any of the parties. Subject to the tenas of this Declaration, the Site Plan shall not linit the permissible uses of the Hackel Property or the Plaza Property but rather shall be deemed an exu.ple ot a plan for the develop)llent of the Shopping Center which the parties hereto have deemed permissible under the t~ms of this Declaration. 2. INGRESS, EGRESS /IND PARKING. (a) Free Access to COMon Area- Plaza hereby expressly grants to Hackel, Hackel' s successors and assigns, for the benefit of the Hackel Property and the Occupants of the Hackel Property, a non-exclusive easement to use the Common Area portions of the Plaza Property for pedestrian and vehicular traffic over and through those areas of the parking lots, roadways, sidewalks and walkways set a.side for pedestrian and vehicular traffic as are from ti:me to time existing on the Plaza Property. Plaza agrees that Plaza shall not unreasonably obstruct the ingress to and egress f'rom the Hackel Property to and :from the Plaza Property as such access is shown on Exhibit "E" attached hereto. Hackel hereby expressly grants to Plaza, Plaza's successors and assigns, for the benefit of the Plaza Property and the Occupants of the Plaza Property, a non-exclusive easement to 6 8&-062599 use the Common Area portions of the Hackel Property tor pedestrian and vehicular traffic over and through those areas ct the parking lots, roadways, sidavalkB, and valkvays set aside for pedestrian and vehicular traffic as are froa time to time e,ciating on the Hackel PrOperty. The parties acknowledge that as of the date or this Declaration there exists vehicular ingress and egress between the Plaza Property and the Hackel Property and between the Hackel Property and Highland Avenue. The approx:uoate location of such ingress and egress is shown on Exhibit "E" attached hereto. Neither party shall interfere with, obstruct, move or remove such ingress and egress access except te».porarily to acco!lllllodate construction, maintenance, repair or such other purpose pe:rJ1itted by this Declaration without the prior written consent o:t the other party, vhich cOnsent shall not be unreasonably withheld. (b) Alteration of Parking and Site Plans. Plaza and Hackel reserve the right, from time to time, to make changes, modifications or alterations in the site plan or their respective properties including alterations of the parking lot and parking contiguration, provided the accessibility of pedestrian and vehicular 7 t:raffic to the other's property restricted and provided further modifications or alterations shall be is not unreasonably that no changes, ~/ PLAZA <:r _b• 'f' made by -~-fNl«'Y to that portion of the comm.on Area cross-hatched on Exhibit "C" 1 Owners o~ tbeRa~kel j>ropertJ without the prior written consent ot the ~ pa~~rt J#' 1 Y: I I ,i ( ---··· --·-----. -·-----------, 86--062599 Both parties shall have the right, at least once in each calendar year, but acre often if legally desirable in the opinion of such party•e legal counsel, upon ten (10) days prior written notice, to erect barriers or chains for the purpose or blocking ott access to the CoJIDllOn Areas of such party's property in order to avoid the possibility of dedicating the sue for public use, or :tor maintenance, repairs or alterations, so long aa exercised so as not to unreasonably interfere with the operation of any tenant or businesses located on the other party's property. 3. PARKING. There shall exist at all ti.Jiles on the Hackel Property and the Plaza Property for all buildings located thereon such parking as is required by lav. Additionally, Plaza shall not constroct any building or other improveaent in the Impact Zone which shall unreasonably impact the parking ratio in such Impact zone. Plaza shall not permit employee parking of any tenants or the Plaza Property or, storage of any materials, storage facilities, or trash receptacles within the Impact Zone. No party shall repave or restripe the parking areas located in the I•pa.ct Zone during the business hours o~ any tenant or business operated on the Hackel Property. 4, USES IN GENERAL. (a) comaercial Use Onlv- The Shopping center shall be used for commercial purposes only, and for the construction, 8 / ( , ,l /, I ---------------- 86-002599 9 operation and ui.nte.nanca or mercantile, business and professional establishments and related. facilities, including vehicular parking areas, all as more specifically described in this Declaration. ✓ Cb) No Banks on the Plaza Property. At all ti:mes that a bank, savings and loan association, thrift and loan, credit union or similar institution ("financial institution") is operated on the Hackel Property, no financial institution shall be operated on the Plaza Property. A financial institution shall be deemed to be operating on the Hackel Property at all times during the tera of any lease between Bank of Allerica NT&SA and Hackel or any extensions thereof or thereafter so long as any such financial institution is a tenant conducting business on the Hackel Property. This restriction against the operation of a financial institution shall not prohibit the existence and operation of an automatic teller machine, check approval machine or silllilar electrical or computerized device on the Plaza Property. (c) No supermarkets on the Hackel property. At all times that a supenoarket (which shall be defined as any store or department containing at least five thousand (5,000) square :feet of floor area, including aisle space and storage, pri.Jaarily devoted to the retail sale ot food for off-premises conswaption) is operated on the Plaza Property, the Hackel Property shall not be used as a supermarket, bakery or delicatessen or for the sale of I ' ------------------ f'resh or frozen neat, fish, J)()Ultry or produce for oft.- premises consWDption. A supenu.rket shall be deeJaed to be operating on the Plaza Property at all times during the term of any lease between Plaza and Albertson• a, Inc. , or any extensions thereof, or thereafter so long as any such supermarket is not closed for business, other than for the purpose of remodeling, for a period in excess of three (3) consecutive months. (d) No Pharmacies on the Hackel property. At all ti•es that a pharmacy (which shall be defined as any store or depa;+...ment primarily devoted to the sale or offer for sale of any ethical pharn.aceutical products requiring the services of a registered pharmacist) is operated on the Plaza Property, the Hackel Property shall not be used as a pharmacy. A pharmacy shall be deemed to be operating on the Plaza Property at all times during the term of any lease between Plaza and Albertson I s, Inc., or any extensions thereof, or thereafter so long as any such pharmacy is not closed for business, other than for the purpose of remodeling, for a period in excess of three (3) consecutive 3onths. (e) Additional use Restrictions. No part of the Shopping Center shal1 be used as a bar, tavern, adult book store, gym, automotive repair facility, dance hall, billiard or pool hall, game parlor, massage parlor, theater, bowling alley, skating rink, warehouse, car wash, for the renting, leasing, or selling of i J i I } I i 86-002599 or displaying for the purposa of renting, leasing or aalling ot any boat, aotor vehicle or trailer, for industrial purposes, or as a training or educational facility or school. s. HO IKPAIIU4EN"J' OF Vl:SIBrLI'l'Y. ( a) No party shall construct . a building, hedge, fence, sign, wall, barrier, or other structure Which shall materially illpair the existing visibility fr011 Highland Avenue of any Buildings or signs located on the property of the other, except as expressly penaitted in this Declaration. Notwithstanding the foregoing, in the event one party is engaged in construction activitiaa on such party's property, the other parties 11.ay require, upon fifteen (15) days prior written notice, the constructing party to erect and aaintain a solid panel fence between the property lines to protect existing buildings froa the dust and the inconvenience occasioned by such construction activities. The party required to erect such fence shall bear the cost ot erection, Jaaintenance, and rmaoval or the sase. The party erecting any such barrier shall reaove the saDe pro-aptly upon coapletion of the construction or other activity giving rise to the erection of the barrier. (b) No party shall ·stora any building •aterials or equip•ent on the property of the other. The parties acknowledge that Plaza intends to d&Dolish the existing improvements on the Plaza Property and construct new improvements thereon in accordance with the site Plan. In 11 I ., 86-062599 the avant Plaza 110 du,oli-such i.lllproveuants andjor constructs new ilaproveaents on the Plaza Property. Plaza shall not store any building ,...tariala, equipment or construct any barriers on or in the :Ill.pact Zone, except as provided in subparagraph (a) above. 6. INSURANCE• Each party shall hold haraless the other party, and all occupants of the Shopping Center from all clal.Ds or judgments arising from the use of Comoon Areas located within its respective parcel or portion ot auch, unless the claim, demand, or judgment is caused by the nagligent or willful act or failure to act of the other party, or such party's occupant. Both Plaza and Hackel shall provide separate public liability insurance with cross-liability endors.,..ents and with limits of not less than Two Killion Dollars ($2,000,000.00) for each individual, Two Million Dollars ($2,000,000.00) for each accident, and Five Hundred Thousand Dollars ($500,000.00) for property da...ge in the perforJ1ADce of its obligations under this paragraph. The other parties shall be named as an additional insured on such policies. Such obligation .ay also be discharged by self insurance, if approved in writing by the other parties which approval shall not be unreasonably withheld. 12 ,, I I r. ' ' \ .. ---" ----------------- 86-002599 7 • HAll!TElfl\NCE • (a) The copon Area- Plaza shall maintain the C011U110n Area and -shall lteep the ..,._ in good condition and repair, clean and free of rubbish and other 1u1.urd• to persons using such areas. Hackel shall pay ita pro rata &hare of the expense of maintaining and repairing the comaon Area plus a aanagmu,nt fee equal to ten percent (10%) of the aJ10unt of Hackel •s pro rata share. Back.el shall pay to Plaza, vithin ten (10) days or written request thererore, Hack.el •s pro rata share of such J1aintenance and repair expenses. For the purposes ot this Declaration, Hackel• a pro rat.a share of such aaintenance and repair expenses shall be equal to the percentage which the total square footage of any Building located on the Hacltel Property bears to the total square footage of Buildings located on the Shopping Center. Plaza shall not contract with any u.intenance co11pa.ny associated or related directly or indirectly with Plaza without the written consent or Hackel, which consent shall not be unreasonably withheld. without li.Joitation: SU.ch 11.aintenance shall include, (l) Maintenance of the surface areas and sidewalks level, sm.ooth, and evenly covered .. (2) Removal of all papers, debris, rilth, and refuse fro■ the Shopping center, and washing or thoroughly sweeping such areas as ,aay be periodically required. 13 ·-.. --------~-......... -- 86-062599 14 (3) Maintenance within the Shopping Center of such appropriate parking area entr4nces, exits, a.nd directional signs, aarkers, and lights as will be reasonably required in accordance with the practices prevailing in the operation of neighborhood shopping centers in San Bernardino, California. ( 4) Cleaning of lighting fixtures of the Shopping Center and re-la.mping as needed. ( 5) Repainting of striping, markers, and directional signs as necessary to maintain the Shopping Center in a first-class condition. (6) Performance of maintenance and landscaping as necessary to keep the shopping center in :first-class condition and to provide the general effect contemplated by the improvements now or hereafter existing on the Shopping Center. (7) cleaning of signs of the Shopping center (as contrasted with those of Occupants) and including re- lamping and repairs being ma.de as required. Cb) Maintenance of Buildings. Each party shall maintain all Buildings located on such party's property and shall keep the same in good condition, repair, clean and free of rubbish and other hazards to persons using such Buildings. Each party shall bear the expense of maintaining any Building located on its own property. ·--------·----------------- 86-062599 15 (c) Limitation on Maintenance Reauirenents- Notwithstanding the foregoing, the parties acknowledge that Plaza presently intends to demolish existing structures on the Plaza Property and thereafter to construct new improvenents thereon in accordance with the Site Plan. Hackel may ~rom time to tiae desire to remodel, expand, or deaolish the existing improvements on the Hackel Property and/or construct new improvements thereon. Nothing set forth in this nUllbered paragraph shall be deemed to impair either party's ability to remodel, expand, demolish, and/or construct new improvements on such party• s property other than as prohibited in the Impact zone by this Declaration. In the event either party so desires to remodel, expand, demolish and/or improve such party's property, such party shal1, upon coJllll.encement of any such work expeditiously prosecute such work to completion. Any remodeling, expansion, or demolition of improvements now existing on the Hackel Property or the Plaza Property which results in changes in the Common Area located on the property of the other, shall be perrorm.ed at the expense of the party initiating such changes in the common Area. (d) No Trash in Ippact zone. Neither party shall allow the storage of trash or the placement ot' trash receptacles in the Impact Zone without the prior vritten consent o! the other party. \ I 86-002599 16 8. ENfORCEME!IT. (a) Iniunctive Relief• In the event of any violation or threatened vio1ation by any party or occupant of any part of the Shopping center of any of the Restrictions provided in this Declaration, any injured party will have, in addition to the right to collect damages, the right to enjoin such violation or threatened violation in " court rt competent jurisdiction. (b) Excuse tor Non-Performance. If performance of any act or obligation of any party is prevented or delayed by act of God, war, labor disputes, or other cause or causes beyond the reasonable control of such party, the time for the perfonaance of the act or oblig~tion shall be extended for the period that such act or performance is delayed or prevented by any such cause. (c) Notice Prerequisite to Default• A party will not be in default under this Declaration except under such provisions as are required for the performance of an act on or before a specific date or within a specified period of time unless the party has been given written notice specifying the default and such party (1) fails to cure such default within thirty (JO) days o! such notice, or (2) commences to cure such default within such period of ti:me and, if the default cannot be cured within the specified tim1:s above, if such party thereafter 86-062599 does not diligently proceed to complete the curing of the default. (d) Breach Will Kot Deteat; Mortgage• A breach of any of the Restrictions of this Declaration will not defeat or render invalid the lien of any :mortgage or deed of trust, made in good faith and for va1ue, but such ter:m., condition, covenant, or restriction wil.l be binding on and effective against any other party whose title to the property or any portion of such is acquired by foreclosure, trustee sale, or otherwise. (eJ Breach Will Not Perait Termination. The breach of any of the Restrictions of this Declaration will not entitle any person to tenainate this Declaration but such limitation shall not affect in any m,nner any other rights or remedies which such person aay have hereunder by reason of such breach. 9 • DURATION , ;.;XT;!IGJJISID!EliT , CONTINUATION, AND MODIFICATION. (aJ Duration. This Declaration and each Restriction of this Declaration shall continue for a term of fifty (50) years from its date, and will continue in full :force and effect thereafter so long as no party elects in writing to terminate this Declaration. Cb) Right to Modify, Terminate. Amend, or Extend. This Declaration and any Restriction contained within it may only be terminated, extended, l. 7 ';;;;;; -- 86-062599 modified, or aJ11.ended as to the whole of the Shopping Center or any part thereof with the consent of the fee simple owners of both the Hackel Property, the Plaza Property and Albertson's, Inc. provided Albertson's, Inc. is deellled an owner in accordance with paragraph 9 (t:) (1) herein belov. Whenever the Hackel Property or the Plaza Property is owned or leased (for a period (including options) of thirty-five (35) years or aore) by a.ore than one person, then the consent of such owners or lessees of the respective owners and lessees' properties to any tenaination, extension, modification, or amendment will be determined as follows: (1) Each party sharing multiple ownership of the Hackel Property or the ·Plaza Property, as the case may be, will be entitled to one (1) vote for each square foot of land owned by him multiplied by his fractional interest in any undivided interest. The owners representing :more than fifty percent (50%) of the total votes applicable to each such property (i.e., the Hackel Property or the Plaza Property) shall determine the votes for that property. Any lessee of the Hackel Property or the Plaza Property having a lease with a fixed term (including options) of thirty-five (35} years or more shall be deOled the owner of the property subject to such lease and the fee owner of such property shall not be deemed the owner thereof. (2) Any interest owned by any person who is a minor or is otherwise suffering under any legal disability 18 , I;. i!· I' l 86-062599 vill be disregarded in the making of such dataraination, unless there is at the time a duly appointed guardian or other legal representative fUlly empowered to cast a vote on behalf of such person. No termination, extension, modification, or amendment will be effective until a written instrument setting forth the terms thereof has been executed, acknowledged, and recorded in the Of~ice of the Recorder of San Bernardino County, C2.lifo.rnia. Any party seeking the consent of the other to any teraination, extension, modHication or amendment shall pay the reasonable attorney• s fees and costs ot the other party in exa11ining and approving any such consent. (c) Exceptions. No aaendlaent, modification, ertension, or termination of this Declaration will affect the rights of (1) any mortgagee of a mortgage, or (2) a trustee or beneficiary under any deed ot trust constituting a lien on the Plaza Property or the Hackel Property or any part thereof at the time unless the mortgagee, or beneficiary and trustee consent to such, nor will. any amendment, modification, extension, or termination be effective against such mortgagee, trustee, or beneficiary subsequent to its securing title to its encwabered parcel by ~oreclosure, trustee's deed, or deed in lieu of roreclosure, unless the mortgagee, or trustee and beneficiary have consented to such f_ 19 ' ---··--·----------------~----· -·· ·-------------""\ 86-062599 agreement, aodification, writing, extension, or teruination in (d) Lessee's consent Not Necessary. No lessee., 1icensee, or other person having any possessory interest, other than a party, will be required to join in the execution of or consent to any act of the Parties taken subject to this nllllbered paragraph. 10, EACH PARTY rs l\11 INDEPENDENT CONTRACTOR· Nothing contained in this Declaration shall. be construed to :make Plaza and Hackel or any other party partners or joint venturers or to render either of said parties liable for the debts or obligations of the other. ll, WAIVERS. No delay or oaission by any party to exercise any right or power accruing upon any non-compliance or failure to perform by any party under the provisions of this Declaration shall impair any such right or power or be construed to be a w~~r thereof. A ~aive~ by any party of any of the Restrictions hereof to be performed by the other party shall not be construed to be a waiver of any subsequent breach of any other covenant or agreement herein contained. 12. APPLICABLE LAW. This Declaration shall be governed by and construed in accordance with the laws of the State of California. If any provisions or this Declaration or the application thereof to any person or circumstances shall, to 20 ·--·· -·------------.. 86-062599 any extent, be inva1id or unenforceable, the reaainder of this Declaration shall not be affected thereby and each provision of this Declaration shall be valid and enforceable to the fullest extent paraitted by law. 13. ARTICLE HEADINGS. The Article headings set forth in this Declaration ai·e for convenience and reference purposes only and in no way define or limit the scope or content of this Declaration or in any way affect its provisions. 14 • ATTORNEYS ' FEES· :rn the event any party shall be required to commence any action or proceeding against any party by reason of any breach or claimed breach of any provision of this Decl.aration, to Collllence any action in any way connected with this Declaration, or to seek a judicial declaration of rights under this Declaration, the party prevailing in such action or proceeding shall be entitled to recover from the other })arty the prevailing party• s actual attorney's fees and coats. l 5. FURTHER ACTS • Each party shal.l perfona any further acts and sign and deliver any further dOCUlBents vhich are reasonably necessary to carry out the provisions and the intent of this Declaration. 16. NOT A PUBLIC DEDICATION. Nothing contained in this Declaration will be deemed to be a gift or dedication of any portion of the 21 --·----------- 86-062599 Shopping Center to the general public or for any pUblic purposa whatsoever, it being the intention of the parties that this Declaration will be strictly limited to and for the purposes expressed herein. 17 • APPROVALS • Whenever approvai is required under this Declaration, unless otherwise provided herein, such approval will not be unreasonably withheld. Unless provision is made for • specific period of tuae, an approval period will be deemed to l:le thirty (30) days, and if a party neither approves nor disapproves within that period, the party will be deemed to have given its approval. If a party disapproves, the reasons must be stated. 18. INCORPORATION OF EXHIBITS. Each Exhibit referenced in this Declaration and attached beret~ shall be deemed to be incorporated herein as though fully set forth. 19. ~- Whenever under the terms of this Declaration any party is permitted to perform any work upon the property of another party, it is expressly understood. and agreed that such party will not permit any mechanics', ma.terialmen•s, or other similar liens to stand against the property on which such labor or Daterial has been furnished in connection with any work performed by any such party. The party may bond and contest the validity of any lien, but on final detenination or the validity and the amount of such, the 22 --------·-· ·-· -·---' --.. ------------ 86-062599 party will i.lmediately pay any jud9111ent rendered, with all proper costs and charges, and will have the lien released gt such party's expense. For all purposes applicable to the provisions of Title 15 of Fart 4 of Division 3 of the Civil Code of the State of California, COJUl.encing with Section 3082, the ColllD.on Areas, and the construction ot improvements on the Shopping center interwoven with such, will be dee.ed to be separate and distinct "vorks o~ iDprove.ent" as defined in Section 3106 of the Civil Code. 20. MUTUALITY. RECIPROCITY: RUNS WITH LAND. (a) Dominant and Servient Estates• Each and all. of the easell.ents and rights granted or created in this Declaration are appurtenances to the applicable portions of the Shopping Center and none of the easements and rights may be trans:ferred, assigned, or encumbered except as an appurtenance to such portions. For the purposes of the easements and rights, the property benefited will constitute the dominant estate, and the particular area in the Shopping Center which respectively is burdened by such easements and rights will constitute the servient estate. (b) covenants Run With Land. Each and all of the Restrictions contained in this Declaration (whether affirmative or negative in nature) (l) are made for the direct, mutual, and reciprocal benefit of the Hackel Property and the Plaza Property; (2) will 23 ,_ " _,, ________ _ 8€-062599 create mutual equitable servitudes upon each parcel of such lar.d in favor of the other parcel; (3) will constitute covenants running with the land; (4) will bind every person having any tee, lease.hold, or other interest in any portion of the Shopping Center at any tho or froa time to tillle to the extent that such portion is affected or bound by the covenant, restriction, condition, or provision is to be perfonaed on such portion; and (5) will inure to the benefit of the parties and their respective successors and assigns as to their respective properties in the Shopping Center. 2 l. TERMINATION OF PRIOR DECLARATION. The Prior Declaration ~s hereby tera.inated and of no further ~orce or ettect. IN WITNESS WHEREOF, the parties hereto have executed this Declaration as of the day first above written. 0040C 02/25/86 PLAZA: HIGH!AND PLAZA PARTNERS, a Californii" ~ ;:m:..~ .,Y By: STEl\LING ASSOCIATES, a California general partnership, Managi By: HACKEL: By: ~KE~~&~al ✓Y ~l."Bt' \ '\~ ~ partner 24 ' • '" ·----· " . ., '" ., STATE OF CALIFORHll COUNTY OF 0'1-AnoL ) ) ) 86-062599 undersign~ a (/J~ i:Jtit7f:.ti~ ~~~reaaT:' s:~.,, peraonally appeared JERRY s. AJUrOLD, knovn to,.,., to be a partner of starling Aeaociatea, a partnership, said pa~--:..•roh!p b;!...-.:; ~;-.::: t: = te !:-!!: n-!!~ n,r the ~rt.ruara of Highl.and Plaza Partners, the partnership that executed the vith:l.n instrunent and acknowledged to lllO that he executed the aaJ1e ns a partner of the partnership first aboV• mentioned and that said partnership executed th• sue aa a partner of Highland Plaza Partners and aa:l.d laat J1Gntioned partnership executed the 11ue. WITNESS ay hand and official seal. - omcw.5"AL --YA.HU NJT.Uil't~•CM.llaNl __,._,.,. -,c-.a,.... ...... l,19N (SEAL) STATE 0: CAI..FOQNIA CO<NIYC< 86-062599 en March 4, 198J,, ____ bofcre me. 1hO vldolSQI IGd. 0 ~ Pubilc-., and for s:iid S!Ofe per,:YO'lv ~ Toby Hackel ------- =--------------- Nome {Typed ex Pnnfred) PR-4l(10)f<1No-"2 --VICKIHANSON __ _.._ --· ----.. ,__-.11c.1 Hl1 (11w «"OCI tor ofllldal am} 1 ,f •• ...JII..-.-.... L1!1GAL Dll:SCllll'Tl:OIIII DIISCUPrJ:Olf rarcel No .. I: A portioa of Lot 2. Block J. Vest Hlghlaccfs, as per plat recorded ln Bock S of Kaps, Page 77. records of Nid County, aod • porcioa of Highland A.-enue. •• •houri OG said .,.P as vacated bJ oc-der of the Board of Supen-lsors of San Bernardi.mo Cou,nty, dat:cd Augttst 4, 1891, dc'scrlbed •• follows: leg:iaaiag at: the tncenec:ttoo of the east line of that certain p.ar«l deacdbed as -parcel No. '--Ja. the deed to The Oeater of S.n krnardf.no. recorded April 3, 1962 in.look 5674, Page 979, Official Records, vi.ch a lioc pac-allel vi.Ch ~ad dlstaac 10.00 feet norchl!rly. au.sured at right angles, from the nolC"tb line of said Lot 2; tbence .couch Cf' 09•. zs-ease al.OGC said east line, 170.00 feet; thence aorch a9• .S8' 40-we.st: parallel vitb said aort.h line, 202 ... 00 feet:; tbeace aorth o• o,• zs-veat pa.:-allel rich satd east line, 170.00 feet to said first: aeocf.oned parallel liae; tbea.ce: south 8,. S8' 40- eut atooc a.aid par.tllel uoe, 202 .. 00 feet co the poiat of begiaalac. Togetbe:r-'With t:he uo.derlyiag: fee ia.ceresc fl.thin that portf.oa. of the ease.enc ducribed as '"Parcel No. 1"" in the deed to cbe Couacy of San leraard.lao, recorded Karch 8, 1966 in loot 6S84., Page: 4°69. Offlcf.al Secords, lying adjacent: co the abowe described parcel. · A porcioa of Lots l aad 2, Block 3, Vest Uigblands, as per plat recorded in Book S of Mapa, Page. 77, records of said Cou:aty, aod a portloa of Hlghlalld Avenue, as ~ oa said aap U vacated by order of the Board of Supervisors of San Ber-nardiao County, daced August 4, 1891, described as follOilS: · · Co111ea.eL.nc 'IC the iccersectiod of the east lio.e of that c.ertaia parcel descrlbi-:...i ts ·Par-eel Ho .. 4-in che deed to The Center of Saa Be.ra.ardino, cecordl:d April 3, 1963 in Book. .5674, P.agc 979, Officl.al Records.; ·vtch a llae parallel vltb a.ad dlst:.aat 10 .. 00 feet aortberl.y. ae.asu.red at right angles ft'Otl cbe north liDe of said Lots l and 2; thence south 0-09' 2s-east aloag: ~•Id JC&St lia.e, 170.00 .feet to cbe true point: of beginaiag; thence aorch 49• SB' 40" ue.•t. parallel vi.th said ooreb Uae. 202.00 feec; cbea.oe aor-cb fr 09' z.5• =~1ie~~!!;~:a:1dao::c,J~0 ~• 1!~:~!~~:c ".!t f~~!1~t!:;: l4S.OO feet; cN!nce swth cf 09' ZS"' U.Sc parallel vil:b said ease u.a.e. JJ0.00 fecc; thence coutb 8,-sa• 40-east paraU.el vic.b N-1.d DOrtb llW!• 347 .. 00 feet co said ease lia.e; tbc:oce aorc:h d' 09• 25-west aloac c.afd euc Uae. 160 .. 00 feet to the tlC'Ue polnt of be,:;iaaiag .. Togt1tber vf. eh tbe ..aderlytcac fee interest wida tlla.c port.loa of t:be ~11c 4eacr1becl aa •Parcel Mo. r 1a. the deed to tb.e eo-.cy oE Saa. Berr~r,t.ao. recor:ded Karch 8, l966 ill aoolt f;584, Pace 469, Offf.cial lleco.-d<, l:,iag adjaoeat t:o the abo.e described parcel. EXHIBIT A r-. r ( .• ~ hrecl Ila. l: A pot'Clocl of Lot I, 111 BlOClt ] oi .ic•~ :::,.:..!.::~ • :.; r-: r1.::, !'~~!"ded ln Book S of Haps,. l"age 77, ncords of said Coumc1, deec:rib,e,cl aa follous: leglMloC at che iait.erseccioa of the MUth line of that cu:tata parcel described in deed to SC,ate: Hutu.al Lt.fe Assuraoce: CaapoQJ" of Uorce•ce:r. recorded .Jua.e 10, l9SS la Bod( 3664, Page S44, Offlclal accords, vi.th a 11M paralleL wt.th and •1.staa.t a.1s feet casteriy., .e..-ured ac richt. .a.ncles. fce>11 th: west line of sal4 Lot l (east lloc: of SCe~Ilec AvelN'II, 82.SO feet. wi.de:); cbeace: south cf oa• 40-eaat alone said parallel litHt:, 160.00 fut; thence soi,ch a,• ~• 40 .. east parallel vltb said aouch 11oe, tS0.00 feet co the soacberly pcoloegatloa of t.he uut I.lee of Chat. C11rt.alo parcel 4-escrl.bed in Neaor•MUllll of IAl.ee lbebleea ore Ceate.l:' of Saa Beraardlao aad the Ila.alt of a-trica, recar4ed Deceabcr 6, 1,,2 ~a Book S814, Pa&:e S71, Official ltecords; ct.eace aort:b cf oa• .cio· vest aloac sald couc:berly proJ.oocat:ioo aod aloog sald uesc JJ.ae. 160 ... 00 feet u a.id souch llae; Cbeaore mort.b 8,-sa• 40"" vesc aloag -1d -tb line 150.00 fee• to <he polat of bqiad.og. ".lbctt.be:r vi.ch the \Pderlyl.ag fee iuteresc vf.C.hin ctuc .. porti.on of the easeaieat clescribed. .s -Parcel No. 2-. io deed co the Couctt;y of Saa krnard1ft0• recorded tln'ch 8, 1966 la Boole. 6S84, Pq:e 469. Offid..al l.iecotds. lying adjacent co the a...,e describ,,ed parcel ... Pattel Mo. ~: . A ,ottioa of Lot l, la &lock J.-of Vest llJghlaDll:s, •• per plac cecordctd in ...._ 5 of Kaps. Page 77, EtCOtcls of said Coua.cy, aad a port:.1oa of 81.g:hlaad ~. •• shcK,a OCl sa:ld Kap, u vauted by OC'der of the loard of Supervisors el Saa. Di:cro..cJ.1.ac; Coi.=c.y, Ute'!! Attgust 4, 1891, desert.bed as follO'IS: c....encinc at the iater:sect.loa of the east lf.ne of th.at «rtala par-eel 6tscrlbed as •earce1 llo ... 4 .. lo. deed co the Ceo.tc'E' of Saa. lern.ardlao, recorded .,-U l, 1962 lo. look S674, Page 979, Offf.d.a1 llccord.s, vi.ch a lloc parallel Id.di aad dist.a.at 10.00 feet aortberly, eeuured at rl&b,c. angles, froa t.he -«tit line of said Lots l aacl 2; tbectee aorc.h a9• 58' 40., vesc alMtg said pa.ntllel line, ~7 .. 00 feet. to the true point of beglaalng; thence contiau.1.ag: ~ ,,--58' 40· ueat aloag said 9«rallel llae, 9'-23 feec to t.be aorcherly pt91-cact.o« of t.111! u.ac line of that cecuf.n parcel ~~1bed la Kbaoraa.d., H Lease bet.wett11 the Ceu.ter of Saa. lenacdloo and cbe bilk of Aaerlca, -ded Oec-r 6, 1962 iu look 5814, P~e S7l, lJfficf.al R.ecorda; cbeace --.tit cf' 08' 40-east aloag said 110rtberl7 pcoloag:ad.oo. ud said east ll0;e1 22:S.GO feet co c.be •oudleaac. corner of said. Lease farcel.; chet:l.ce south 8,-S8' 4411'"' cue aloag the easterly pcoloagac.loa of cbe aoq,tb ll.ae of ••ld Le ■-e l'M1:el. 99.:ta feet co a llae parallel vitb aod dist.aat 347 .. 00 feet. vescerly, -=----red aloag •a:J.d. eorcb lioe of IAC.e l aod 2, fr• sal.d ease llcw of '""Parcel ... 4·; clleoc)e: oortb. <r 09' 25• vut aloog saf.d parallel. U.ae. 2u.oo feet to tie u,,e pof.D.t of beCiaaf.ac. :EXHIBIT~-. I --1~111: ·I t.iiiilW. OiB\...111..-.'fiOGI 86-062599: Together vtclt clle ...... r lyi-C f'oe latereac vf.1:hla claat ,-ortloa of the ea.s.._t descrtkd as •parcel lb. 1-• f• dee<f to Che COlllaty of Saa Senar41ao. rec.ortkd Karcb a. 1964 1• Boolt 6S84. Page 461, Official l:eCM"4s, lylac a4jaceat to the al!OVc descrlbcd p.accel. A pa,ctiOCI of l.ocs l .a.ad 2, ln IUock. l of Vest. Hlgblands 1 as per pl.at recorded in Boot. :S of Kap.s. Page 77. records of said Covnty, descrikd as follows: Coaacncing ,at the lntel'sccclon of the ea.st lf.a,e of that certain parc~l dc,crlbed as ·r•cccl No. 4• ia deed to the Ceaceir of Saa Bemat.cUoo, recocded April l, r,62 in 8o<Ot S674, Page ~79, Officta.l llecot"dls, vi.th a Uoe parallel vitb .acwf dist.ant 10 .. 00 feet aortberly, •aa«-M at c-Ipc ang:les, froa the aorcb llae of said Loca 1 and Z; chet1ee ooat.h (/' 0,' 2s-east atooc saf.d e.ast:. U.ae.. Jl0.00 feet: to clle: crut pola.t of beglna1agi cheocc coaclnul-c: south o• 09' 2s· case .aloac s.ald ease Une 138.00 feec t.o .. .aogle polo.t ln cbe bouad.u7 of said ·Parcel No-,-; c:.bence leadag said l,ouod.ary. aorth 39• S8' 40-west parallel Vi.tb. saLI aorcb llae of toes l •ad 2. a disc.aace of 716. 34 feet to • llne parallel. vi.di. and disc:.aa.c 8 .. 75 feet easterly, ..ea.sured ac r-.lghc .aogles, frOII che uest llee of s.aid Lot 1 (ease liae of scerliina: Avenue, 82.SO feet vide); thence aorCh U-08'" 40• c,u:C aloag &aid parallel line. l-Ci8 ... 00 feec co .a po1nc Chae be.a~ a.ouch a4 08'" 40'"' east atoac sal.d parallel UQe, 160 .. 00 feet from its fi1cersect:ioa vi.th the sovtb line of t~c cercala p.arcel desc.l"ibed la deed CO Se.ate Kucual Uf'e Ass.rar:tce Coapao.7 of Uoi:eester, recorded J'uae 10, 19:SS ia Book 3664, Page 544. OEfici.al lltecord11; cheace south a,9 S8' 40• ea.st p.ar&l.1cl vit:h a.aid couch Uae. lS0 .. 00 f'eec: to the soucherly proloagaei.oa of che 1Witsc lillW! of cbac eett.ala parcel ck.sccLbed in Heaoc:aad ... of Lease betveea tbe Ceo.ter of San lera.at'dlao aad the l&ak of AHdca, t'Ccorded Oeca.bct' 6, 1962 la Boot. 5814, Page 571, Officl.al llccords; cheace · aarch o• oa• ,o .. wesc a.loc,g sald southerly proloacacioa, '9S .. 00 feet co the sout:h'-"le:st corner of sa{tl Lease ?'.:r::cl; ~fwm.« svvU, as• sa• ,o-ea.st .along the south line of said Lease Parcel aad lcs eascerly proloacatl.oa. 219.28 feet to a. line par.allel vi.ch &Gd dist.aac 347 .. 00 feet. ~stcr"ly. aeasured alone s.ald aort:h line of Lots l and 2, froa said e.u:t line of ~fareel No. '• -thenc.e souch o• 09• 2S"' cast: aloag utd parallel line. IOS.00 feet to a point chac bt:an souch o• 09' 2S' ease aloag s.ald parallel li.ae., ])0.00 feec froa said p- acallel Hae th.at 1.s 10 .. 00 f~c aocche:rly fr:c. sal.d aor:ch line; theP.cc sou:c.h 89• 58' 40-east pa.rallel vlth $.ald oot"th line. 347.00 feet to cbe tcue polo.c of begia.ning: .. Toget:ber vi.th the .mderlyiac Eee 1.a.t:eruc vi.Chi.a chat portloa of t:be ease.eat clea<:ribed a.s "'Paccel No. 2-, I.a deed t:c, the Couaty of Saa. Ber:a.ardlao. recorded Karch 8, 1966 la B->dc 6S8', Page 469, Official Records, lylog adjacerac co Che above descclbed parcel'. Parcel No .. 15: The IIOrth 518 f'eet of th• aaat 11◄ EHt of Lot 2, Block 3,. according: to aap of Meat Bi9hl&nd, in tbe county of SU S.nardino,. State of c.alifora.ia., a.a per plat recorded in Book s of .. pa. pa9e 77 • record.a of a.J.d COUllty., aaid 518 fMt be:iag --•ut'ed frcm the center line of BlghlA.ncS AYellue. adljolnin9 aid property oa the north~ EXHJRITA-A 86-062500 tl!lGAL Ol!SCRIHIO!S Paga 4 THE NORTH S18 FEET OF THE EAST 114 FEET OF LOT 2, BLOCK 3, ACf'.0'!9!!'!!3 ,u MAP 0/' .... ST HlliH...ANO• IN THE COUNTY OF SAN 8£RNAROINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN 800I( -5 OF NAPS, PAGE 77, RECORDS OF SA IO COUNTY, SA IO 518 FEET BE I NG ttEASUREO FRON THE CENTER LINE OF HlGHLANO AVENUE, ADJOINING SAID PROPERTY ON THE NORTH. NOTE• HIGHLAND AVENUE ADJOINING THE PROPERTY DESCRIBED HEREIN ON THE NORTH IS SHOIJN 00 THE PLAT OF WEST HIGHLANDS, AS PER PLAT RECORDED IN BOOK S OF NAPS, PAGE 77, RECORDS OF SAID COUNTY, 120 FEET LIIOEl ON AUGUST 4, 1891 THE BOARD OF SUPERV1SOl!S OF SAN BERNARDINO COUNTY, CALIFORNIA, ORDERED THAT HIGHLANO AVENUE 8E DECLARED A PUBLIC HIGHUAY, 82-1/2 FEET LIIOE. I ' . -009l-628 s::a:un • ---C, lltlllaZC:a ....... n.t. ClllCtUJIII .-n,al. ill tM c..tity ., Saa, ___....___ ft.at• d call.Joca1a. ~ aa i.u.... A ~ ol a.-l la .... l <al:..._ .,..,,..,v ae p,W plat ........ 1.11 ..... S ol ........ 77., ~ of ...W Cll-'ty .... • ,-U.. et R\tlt)MI .,_ -...._ ... w..., ....... .,_._..,_..,.._..i- ~ ol ... Dliii:W!llae ~• e.tlllll ._..._ ... l.8'1.. --=ir-.u..t, -a.u.... • ... :Lall.bit at. t.M ~ --.c-a! MU~ l. U...C- --• &Lael' l:N llln.ll U.. o.t: ..W. lialt. 1 .. • 4::tt -,: isa.n r-t-. ta u. ~ ...._ .e ..,.,.,-.~ tlliw:a-a.1:L. ..,n.Ud to Ult -.... U.. el -.W r.it: l. • M m e.l i.e .... l..t.1 UiaMII .... .-aUeJ. e. t:Mi 8IIIC'B: UM, .C ..w. Lal: 1. a •1 .r ue .. • ,...._, u...a ....., .-nJ,bltoU1111--.eU-.r-.w1,a1:,1...... 412 225.N feet;r UW. llrallllt. pw llel t;e tla ._. U... el ...u w. 1. • ..,.. at ua.• ,._, ~ ~ pUtJ.lel. to t.la --U-of ..W 1.-it l • «I t ol u.s.oo r-t. to t.1111 ~ f'N,1lllt .. ....,_,.,. EXIIIBITB B6--0625S9 ... w~~~===i.~-~I i1HlJilll·1iii~it W:'. ... .- ,.--,·. ....,...,...,... ... =--. tr ~""-.,.~•-~·<)ti ~ -=a-... _ n.,<f, • ► "i ~if I . . .;~ ~~~ ~\J . ,,..lffi~e~ , 1~,r .... ,.\ ~ -----'· ' . .&xiiIDIT CJ . EXi-!:IBITD: I' I,, . .,, I I i I I I ----'-'---'' i r 86-062599 mum !Wm OF AKDIICA 11.u'IOIIAL 'l'l!IJB'l' UD SAVIJIGII ABSOCIATIOOI, a lfaticnal lilaJlldn9 Aaaociation ("lloll•), vbich baa executed a l.eaae (the •1eue") covering a portion of the l!acltel Property, does hereby ccn5ell>t to the foregoing Declaration ot Re ■trictions and Jleciprocal Grant of EaBIUlent■ (the •Declaration•) and does hereby agree that the Declaration, upon recordation in the office or the San Bernardino COUnty Recorder, shall be auperior to the estate created J:>y it■ lease, provided, however, that (1) the purcba ■a, at any aale pursuant to the foraclo■ure of the tu: and aaintenanc:e aa ■a ■iment lien therein provided for, shall take said premise■ subject to the 1.,...• of BofAI and (2) as between the la■eor and le•••• under the lease the for9<Joing Declaration ■hall BOdity the lease only a ■ to the d.,lineat!cn of the axea. ov•c 11hich eaanients are created tor parking and couon area ■ and the dascription ot the uses to vhich maid areas aay l:>a used. Dated: 1986 BAXlC OF .J.JIERICAJI IIATIOll1U. 'l'RIJS1' Alm VIJfGS ASSOCrATrON By: SUI£ IJ" CAtfOIJUA. : j C$!ti1'J rJf tOS Alm.ES ' . • OFFICIAL SEAL J= M HERNANDfZ wotJUt1 P{JklC -CM.JP'1)RMA lQ$ A,,ca.u Q)(R1l -~~~~~-~ _ .. __ ... _al_ '&cuo.u~ km """"',_.,.____ J.l,lf I (, i- i • ! { 86-062599 WDJlNDJJB XQ i:QN~J;N'I Bank of America National Trust and Savine.JS A_s!:'Y.:"i.:?tic.-:., a national banicing association c•BofA•) hereby addends the Con- se~t to which this Addendum is attached as followsi In addition to the obligations of BofA created by the foregoing Consent and in 3Jdition to BofA 1 s obligations as Lessee ~ursuant to the Lease Agreement dateU Noveraber 2, 1962 covering a portion of the Hackel Property (the •tease•), BofA agrees to and shal 1, during the term of its Lease and during any extension or renewal thereof, be obligated to perform all of Hackel's obliga- tions as provided in pardgraph 6 (•Insurance•) and paragraph 7 (•Maintenance•) of the foregoing Declaration of Restrictions and ~ f the Lease Reciproc Grant of Easements, provided that: if there is any conflict between A cle 6 ("In!!:iurance") of said Declaration and Article 22 ("Indemnity of Lessor BofA's obligation shall be limited to its obligation under Article 22 ("Indemn~,4,J.f Lessor") of the Lease. Dated :_.,,3 . o..f,___________ Br.NK OF !\HERIC"-Nr.TJONr.L TRUST "-ND SAVINGS ASSOCIAT~ 1 ~-f ' : y;~~~<-;~~ ,, _: l.tS_t.:~!<~, ... ~ I I I By __ ,:;;' /VI --E'.S: D-4-._e, ·-, /,.;; /k •. i ts_4,.Lf.~ rOEf"Yr (Lessee) HACKEL .,,.,--- By __ ::£.~~ __ .fl_d:_4 ____ _ TOBY ~fri'f, an individual (Lessor) STAff OI' CALI.,._ll ) COIJIITY OP LOS AIIGUBS ) .. On thio 5-7v 41:, of MJ111..cH /'Uk before,.., UM Ul>denl.ped, a notary public in and fOh"id Loa Ana•lu County. penOM.lly 'appeero11 ~0/i!iTPf ~.+,:;,vs;--tom to be • //2(',;2;:.,.;-_::\'aer-t:;rarid § M d<s:o:4:tE • kwl t.o • w iN • k~ ?e -t:kauOEet:-c oi u.n o, rmICA IIATIOUL fffUff DD SAVU<:S ASSOCIATIOB, tbe As•odatl0t1 that .......,tod the vitlli.n Jflstnaea.t, lmovn to • to bo the pensona who oncuted the within fnat.ruaent on behalf of tho Aasodatloo therein n.aaod, end ,acknowledged to• that such Aaaoclation. axecuted the ..... WITIIICSS DJ hand end official seal OFFICIAL SEAL MA~Y J HfRf-..iA"IOE'Z '-C'"f.UV 1>:.,5~1;: • c:..1.1;-:,p'ilA, LOS ANcnrs c--~7TY lfy comm, ti:;lr!3 NOV ]I, 1916 · 86-062599 STATE a CAllFORNIA cour,,,vo= Lus l\ngeies 86-062599 o,. Har c b 4 1986 oelcre me. the ~-o Notorr l'\blic in and fclf ,o,d , state per,ono11y Cl!'.)p(IOl',oc ____ J:oJ,y Hackel ---------_ -_ -_ -_ -_ -_ ,l ----= = = = = = = = = =: -~~~ ~ to me :Cl'~ to me on tt.a t::osis d. 3Crttsfoctorv o.,dence) to be 1t18 po,on ----""""' """"' _j~--~000 !O tr-., wirni,1 1ll$i1V1•¥•i .;,,,.J u,;.-.1..:,.,..~ ::-~ ~h~ ~ t~ \ .,.,,-,:,~~ 0 ""°""' ''"""' C< ;,;;~;;, ------a.....; a """"--VlCKI HANSON IIIOTN/11'1 l"t&s; ~ -""""" lOGANlilEL&mawn' M,C.....&J,. lllc:. l 1111 (?hllor.o tor~ .al) I ;, ' . CONSENT ALBBR'?SON I S , IMC., a Dela..,..ra corporation (•iu.Deruon•s•), vn1cn ha& executed a. Laue dated au of Ncvamber .29, 1985 (the "Leaae•) covering a portion ot the Plaza Property, a llGBOrandua of Vbich will be recorded in the Official Records of San Bernardino County, california, does hereby consent to the foregoing Oeclaration of Restrictions and Reciprocal Grant or Eaaeaenta ("Declaration•), upon the condition that the Declaration and A1bertson • a consent thereto do not affect, aod.it"y or anand the Lease or atract the priority thereof in tha real property covered by the Lease. Dated: 0079A 02/25/86 (rr.. ~ALBERTSOH' • s, me, , a Delaware corporation ( ( i t l -· . STATE OF IDAHO County of Ada ) ) ss. ) 86-002599 On thi~ ~-day of 's:-J'..~~ , 1986, b6fon, me, the undeni9necL a Notary Puhlic in .. ;;~~~d" St:!:, p;.ilw-i1a:i,. • ._..-.nro Thomas R. Saldin and Minnie O. Armstrong, to me known to be the Senior Viee President and the Secretary, respectively, of Albertson•s, Inc., the corporatiOt'I that executed the foregoing instrument, and acknowledged to mo that the said instrument is the free and voluntary act and deed of said corporation, for the uses and purposes therein menti<>ned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS MY HAND and official seal hereto affixed the day, month and yur in this certificate fir-st above written. My conwnission expires: ,,/4/rf' JL,r/4_,, --,.------~ . Notary Public in andfo"1'tretr" State of ld•ho. Residing at Boise, Idaho.