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HomeMy WebLinkAboutC-7410-16 - Beacon Bay, 1 - Termination of Leasehold 2011RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Manager's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 This Document as electronically recorded by Cal Title MV Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111111111111 12.00 2011000500108 10:37am 10/07/11 93 401 T01 3 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 TERMINATION OF LEASEHOLD This agreement is made this JO +k day of 62011, by and between the CITY OF NEWPORT BEACH, hereinafter ailed "Lessor", and Newport Gatehouse LLC, hereinafter called "Lessee". RECITALS A. Lessor and Lessee executed a lease on April 15, 2005, and subsequently recorded April 27, 2005, by the County Recorder of Orange County, California- as Instrument No. 2005000321382. Additionally, a First Amendment to Lease Agreement was executed on April 15, 2005, and subsequently recorded April 27, 2005, by the County Recorder of Orange County, California as Instrument 2005000321383. By the terms of the lease, the following described property was leased to Lessee until July 1, 2044: "Lot 1 as shown on the map filed in Book 9, Page 42 and 43 of Record of Surveys, in the office of the County Recorder, County of Orange, State of California, excepting there from the easterly 10 feet thereof." 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 their obligations under the lease. AGREEMENT Lessee agrees to terminate the lease and vacate the premises as described herein above as of oc res�'71, 1 2011, and Lessor agrees to accept such termination and the premises, and Lessor and Lessee agree to discharge and release each other from all obligations under the lease as of said date. Executed at Newport Beach, California, on the day and year first above written. ATTEST: CITY OF NEWPORT BEACH o� m BY: City Clerk Lessor: e Kiff, City Man er APPROVED AS TO FORM: c"���p�`�� NEWPORT GATEHOUSE, LLC C�Attorney se John A. Flynn, Exe(/tive Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On September 30, 2011 before me, M Locey, Notary Public, personally appeared Dave Kiff who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. M.LOCEY WITNESS my hand and official seal. commission # 1as�abl z "•i Notary Public - California Z Orange County 4 Comm. Ex ires Oct 7, 2013 Pu' Lec""', (SEAL) Notary Public in and for Srto OPTIONAL INFORMATION Title or Type of Document: Termination of Leasehold (Newport Gatehouse LLC) Date of Document: September 30, 2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CA1.1 Fno1l9 County of ( 1eA)41't. On SEnTgy►tipEQ3� 2p4�efore me, TG IyC M. CLwy Nc>-r;4JQy PU 18L I C Date ^�~ Here Insert Mame and Title of the Officer personally appeared +J 0104 AJ 1V Name(s) of Signer(s) JONE M. CLAY Corraniaaion # 111111104111111119 iloft Notary Public - CW*rnia Ormpe County Comm. n Jun &_._2&0 12 r Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(.et whose name(o� is/afe subscribed to the within instrument and acknowledged to me that he/s13e/t4ey executed the same in his/ker/their authorized capacity(+es), and that by his/leer/their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 my hand and official seal. Signature qA . Signature of Notary PLU 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: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827