HomeMy WebLinkAboutC-5454(C) - Memorandum of Termination of Leasehold, 1000 Avocado (Inside Library)le_a/18/23, 4:10 PM
Batch 15614920 Confirmation
V
Recording Requested By
and When Recorded Return To:
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Clerk
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
111111111111111111111111111111111111111111111111111111111111111111 NO FEE
*$ R 0 0 1 4 3 0 7 5 4 2 $ *
2023000088709 4:04 pm 04/18/23
418 503A M 11 5
0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00
(Exempt From Recording Fees Pursuant to Government Code § 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF
TERMINATION OF LEASEHOLD
This Memorandum of Termination of Leasehold is made this 18 day of
APQ1L , 2023, by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city hereinafter called "Lessor", and FOOD MASTERS,
INC., a California corporation, hereinafter called "Lessee".
RECITALS
A. On July 11, 2013, Lessor entered into a Concession Agreement with 24
Carrots, LLC, a California limited liability corporation, concerning the seven hundred fifty-
seven (757) square foot concession facility located at 1000 Avocado Avenue, Newport
Beach, California 92660, that was recorded on July 17, 2013, as Instrument No.
2013000429412 in the Official Records of Orange County, for the property depicted on
Exhibit "A" attached hereto and incorporated herein by this reference ("Lease").
B. On August 8, 2016, Lessor, 24 Carrots, LLC, and Lessee entered into an
Assignment and Assumption of Concession Agreement and Consent, that was recorded
in the Official Records of Orange County on August 10, 2016, as Instrument No.
2016000377357, pursuant to which, the Lease was assigned to Lessee ("Assignment").
C. On February 8, 2017, Lessor and Lessee entered into a First Amendment
to Concession Agreement, that was recorded February 8, 2017 as Instrument No.
2017000056527 ("First Amendment").
D. On Uir , 2023, Lessor and Lessee entered into a Termination
and Settlement Agreement, whereby Lessor and Lessee agreed to terminate said Lease
as assigned and as amended, 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, as of said date
(Termination Agreement").
[SIGNATURES ON NEXT PAGE]
https://gs.secure-recording.com/Batch/Confirmation/l 5614920 1 /14
Recording Requested By
and When Recorded Return To:
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Clerk
(Exempt From Recording Fees Pursuant to Government Code § 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF
TERMINATION OF LEASEHOLD
This Memorandum of Termination of Leasehold is made this 113 day of
APQ%L , 2023, by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city hereinafter called "Lessor", and FOOD MASTERS,
INC., a California corporation, hereinafter called "Lessee".
RECITALS
A. On July 11, 2013, Lessor entered into a Concession Agreement with 24
Carrots, LLC, a California limited liability corporation, concerning the seven hundred fifty-
seven (757) square foot concession facility located at 1000 Avocado Avenue, Newport
Beach, California 92660, that was recorded on July 17, 2013, as Instrument No.
2013000429412 in the Official Records of Orange County, for the property depicted on
Exhibit "A" attached hereto and incorporated herein by this reference ("Lease").
B. On August 8, 2016, Lessor, 24 Carrots, LLC, and Lessee entered into an
Assignment and Assumption of Concession Agreement and Consent, that was recorded
in the Official Records of Orange County on August 10, 2016, as Instrument No.
2016000377357, pursuant to which, the Lease was assigned to Lessee ("Assignment").
C. On February 8, 2017, Lessor and Lessee entered into a First Amendment
to Concession Agreement, that was recorded February 8, 2017 as Instrument No.
2017000056527 ("First Amendment").
D. On 2023, Lessor and Lessee entered into a Termination
and Settlement Agreement, whereby Lessor and Lessee agreed to terminate said Lease
as assigned and as amended, 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, as of said date
(Termination Agreement").
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have caused this Memorandum of
Termination of Leasehold to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: al low,
17 (Aaron C. Har
City Attorney
ATTEST:
Date: �. %�-xya
By: AA
.LI �►�i1 �lI
r
Brown
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 4/ 1 q /-;,0"
By:
Gr . Leung
City Manager
LESSEE: FOOD MASTERS, INC., a
California corporation
Dater
By: i i , � )n�,
-n _,2
Khalida Rashid
Chief Executive Officer, Secretary, and
Chief Financial Officer
[END OF SIGNATURES]
Owners must sign in the presence of notary public
Attachment: Exhibit A -- Depiction of Leasehold Premises
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 Califor is
County of SS.
On t-ZIq V 0 a befo e e
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) 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 m hand and official seal. _
Y ��� CNR1S"'OPHER CARTER HENNIGAN
1 4- Notary Public • California
Orange County It
f k`
{•• Commission K 2365365
``� 1-1
My Comm, Expires Jul 13.202— /I � r
Signs r (s a
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 } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) 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
(seal
EXHIBIT "A"
DEPICTION OF LEASEHOLD PREMISES
(SEE ATTACHED)
,\
� ,.- _ __
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Exhibit A
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