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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) ,\ � ,.- _ __ �' �' Exhibit A R