Loading...
HomeMy WebLinkAboutC-8235-1 - Beacon Bay, 16 - Termination of Leasehold 2016its Record2g Reques d y and When Recorded Return To. City of Newport Beach9 All 100 Civic Center Drive P.O. Box 1768` Newport Beach, CalifoT+p 92658 8915; _; H Attn: City Clerk - Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 18.00 *$ R 0 0 0 8 7 9 9 4 9 0$ 201600052650112:00 pm 10/26/16 47 NC -5 T01 F13 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 (Exempt From Recording Fees Pursuant to Government Code § 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TERMINATION OF LEASEHOLD This Termination of Leasehold is made this �tv% day of October, 2016, by and between the CITY OF NEWPORT BEACH, a municipal corporation and charter city hereinafter called "Lessor," and PHILIP M. HAWLEY and MARY F. HAWLEY, and their successors, as Trustees of the HAWLEY TRUST dated September 17, 2004, as amended, hereinafter called "Lessee." RECITALS A. Lessor and Lessee executed a lease on June 30, 1994 ("Lease"), for which a Memorandum of Lease was recorded September 1, 1994, by the County Recorder of Orange County, California as Instrument No. 94-0538004. By the terms of the Lease, the following described property was leased to Lessee until July 1, 2044: Lot 16, in the City of Newport Beach, County of Orange, State of California, as shown on by map filed in Book 9, Pages 42 and 43 of Record of Surveys, in the office of the County Recorder of said County (APN: 988-883-360 and 050-211-08). B. Lessee desires to terminate said Lease and all rights to the possession of the Lease premises and to release Lessor from its obligations under the Lease, and Lessor desires to accept said termination and to release Lessee from his obligations under the Lease. AGREEMENT �h Lessee agrees to terminate the Lease as described herein above as of October 2016, and Lessor agrees to accept such termination, and Lessor and Lessee agree to discharge and release each other from all obligations under the Lease as of said date. [SIGNATURES ON NEXT PAGE] Re co d g Req s IRV and When Recorded Return To: City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk (Exempt From Recording Fees Pursuant to Government Code § 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TERMINATION OF LEASEHOLD This Termination of Leasehold is made this a �' day of October. 2016_ by anci between the CITY OF NEWPORT BEACH, a municipal corporation and charter city hereinafter called "Lessor," and PHILIP M. HAWLEY and MARY F. HAWLEY, and their successors, as Trustees of the HAWLEY TRUST dated September 17, 2004, as amended, hereinafter called "Lessee." RECITALS A. Lessor and Lessee executed a lease on June 30, 1994 ("Lease"), for which a Memorandum of Lease was recorded September 1, 1994, by the County Recorder of Orange County, California as Instrument No. 94-0538004. By the terms of the Lease, the following described property was leased to Lessee until July 1, 2044: Lot 16, in the City of Newport Beach, County of Orange, State of California, as shown on by map filed in Book 9, Pages 42 and 43 of Record of Surveys, in the office of the County Recorder of said County (APN: 988-883-360 and 050-211-08). B. Lessee desires to terminate said Lease and all rights to the possession of the Lease premises and to release Lessor from its obligations under the Lease, and Lessor desires to accept said termination and to release Lessee from his obligations under the Lease. AGREEMENT Lessee agrees to terminate the Lease as described herein above as of October !!J1\lnVl1 , 2016, and Lessor agrees to accept such termination, and Lessor and Lessee agree to discharge and release each other from all obligations under the Lease as of said date. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the Parties have caused this Termination of Leasehold to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: f/z-Zi/ % (p By: �— u" Aaron C. Harp VrM Oct 12111U City Attorney ATTEST: Date:, lD r r By: j Leilani I. Brown City Clerk ,� C'9L( FO-�� CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: (0161 & By: Dave Ki y D City Manager LESSEE: PHILIP M. HAWLEY and MARY F. HAWLEY, and their successors, as Trustees of the HAWLEY TRUST dated September 17, 2004, as amended Date: By: 'P14., 4 Philip`M. Havel / Trustee Date: By: Mary F. Hawley Trustee PLEASE SEE ATTACHED "CAU71C.7', PA ALL -I P03E ACKNOWLEDUEMPIT Hawley Termination of Leasehold Page 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califoy'a ) County of _ On �� � < before me, Date po % ��j hQi t Here Insert/Nameee and Title of thW Offir _ personally appeared` �Li J , " lJ r.l U t%�� CIGNA , !� 1 � � t7. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same ih his/her/their authorized capacity ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph JULIE AU UNZ LEVio—'. is true and correct. aCommission #1990427 c uWi (= Notary Public . California CO WITNESS my hand and official seal. Los Angeles County ro My Comm. Expires October 2 2016 ^� Signature / Signa otary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D ment Title or Type of Document: Document Date: r_L?'Q, 5,0 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee Guardian or Conservator Other: Signer Is Representing: Ce,qaiaA Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — -_7 Limited ❑! General ❑ Individual Attorney in Fact 11 Trustee Guardian or Conservator Other: Signer Is Representing: ©2016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On Derpi Q l0 �.®il® before me, Jennifer Ann Mulvey, Notary Public (insert name and title of the officer) personally appeared h1Aye 4'IFF who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thein authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(.&) 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. — JENNIFER ANN MULVEY WITNESS my hand and official seal. commission # 2045022 ILIL a -+: Notary Public - California z Z Orange County My Comm. Ex fres Oct 12, 2017 Signature lam( N./ -/ \ (Seal)