Loading...
Saffron Restaurant Group (Memorandum of Termination of Lease)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: City Clerk RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 DOCUMENT: 22034239 Pages 5 Fees.... 27.00 Taxes... Copies.. AMT PAID 27.00 REGINA ALCOMENDRAS RDE # 024 SANTA CLARA COUNTY RECORDER 1/03/2013 Recorded at the request of 8 :47 AM City (Space Above This Line for Recorder's Use) MEMORANDUM OF TERMINATION OF LEASE THIS MEMORANDUM OF TERMINATION OF LEASE (the "Termination Memorandum ") is dated for reference purposes as of the date it is recorded in the Official Records of Santa Clara County, California ( "Official Records "), and is entered into by and between the City of Gilroy, a municipal corporation ( "Landlord ") and Saffron Restaurant Group, LLC, a California limited liability company ( "Tenant "). RECITALS A. Landlord and Tenant are the current landlord and tenant, respectively, under that certain Single Tenant Lease dated as of May 6, 2003 (as the same has been amended, being the "Lease "), naming Landlord as the landlord thereunder and naming one of Tenant's predecessors in interest (Old City Hall, LLC, a California limited liability company) as the original tenant thereunder (the "Original Tenant "), for the rental of that certain real property commonly known as Old City Hall and located at 7400 Monterey Street, Gilroy, California and certain other real property described therein, as more particularly described in the Lease ( "Premises "). B. In connection with the Lease, a Memorandum, executed by Landlord and the Original Tenant, was recorded in the Official Records on June 30, 2003 as Document No. 17147093 (the "Original Memorandum "). C. In connection with the assignment of the Original Tenant's interest to Chips N Salsa, Inc., a California corporation ( "Chips N Salsa "), a Memorandum of Assignment of Lease, executed by Landlord, Original Tenant and Chips N Salsa, was recorded in the Official Records on May 31, 2005 as Document No. 18394473 (the "First Assignment Memorandum "). 1KKS11071826.5 110212 - 04706084 D. In connection with the assignment of the Chips N Salsa's interest to Tenant, a Memorandum of Assignment of Lease, executed by Landlord, Chips N Salsa and Tenant was recorded in the Official Records on November 5, 2008 as Document No. 20038810 (the "Second Assignment Memorandum "). E. Landlord and Tenant have terminated the 'Lease pursuant to an unrecorded Lease Termination Agreement between Landlord and Tenant. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Termination. Landlord and Tenant hereby acknowledge and agree that the Lease has terminated pursuant to the Lease Termination Agreement referred to in Recital E above, and that neither the Lease, the Original Memorandum, the First Assignment Memorandum, the Second Assignment Memorandum nor any other document that may have been recorded in the Official Records in connection with the Lease, shall encumber the Premises. 2. Counterparts. This Termination Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original and all of whieh together shall be deemed one and the same instrument. IN WITNESS WHEREOF, Landlord and Tenant have caused this Termination Memorandum to be executed on the dates set forth below. Dated: I p 1 2— ATTEST: Dated: Q c Dated: "I 6z LANDLORD: jTY OF GILROY, rnia municipal corporation ThomaO. Haglund, APPROVED AS TO FORM: Linda A. Callon, City Attorney [Signatures continued on next page] MS11071826.5 2 110212 - 04706084 Dated: XKW 071826.5 110212 - 04706084 TENANT: SAFFRON RESTAURANT GROUP, LLC, a California limited liability company By: d Gary Wa , Managin ember State of California COUNTY O�� %l' On 1 ` a" , before me, Date Here 1 ert Name And Title Of the Officer a Notary Public, personally appeared CICA n f"I Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name &at5 subscribed to the within instrument and acknowledged to me thatt e, shkey executed t e same in &e 4heir authorized capacity(i�, and that by is ertfteir 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. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Publ y� iN� GA ALONZO Commission # 1931989 Notary Public - California STATE OF CALIFORNIA ) Santa Clara County 3 My Comm. Expires Apt 15, 2015 COUNTY OF . On , before me, Date Here Insert Name And Title Of the Officer a Notary Public, personally appeared Name(s) of Signer(s) 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 signature(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. Place Notary Seal Above Signature of Notary Public VM1071826.5 110212 - 04706084 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of U\_ On before me, — Date _.ifl personally appeared INGA ALONZO Commission # 1931989 i (4 Santa Notary Public - California Z Clara County My Comm. Expires-211' 15.2015 of the Officer Signer(s) CIVIL CODE § 1189 XU 4 who proved to me on the basis of sati f tory evidence to be the person( whose name(( is ans- subscribed tot the within instrument and acknowledged to me that he stieltl iley executed the same in his eir authorized capacity(i461 and that by (s /her /their 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. WITNESS my hand and officials al. Signatur Place Notary Seal Above Signature of Notary Pub' OPTIONAL Though the information below is not required by law, it may prove balua a 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: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907