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20-0716_PLANT DEPOT_Termination of License AgreementRecorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1� 111111111111111111111111111 1 1II NO FEE *$ R 0 0 1 1 8 7 9 5 6 6$* RECORDING REQUESTED BY 2020000364958 3:36 pm 07128120 AND WHEN RECORDED MAIL TO: 214 502A T02 4 City of San Juan Capistrano 0.00 0.00 0.00 0.00 9.00 0.00 0.000.000.00 0.00 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Jill Thomas, Senior Management Analyst Exempt from Recording Fees: Gov. Code § 27383 City of San Juan Capistrano APN: 666-291-01 (Space Above This Line For Recorder's Use Only) TERMINATION OF LICENSE AGREEMENT A. WHEREAS, this Termination is made by and between the City of San Juan Capistrano, a municipal corporation ("City") and Plant Depot, Inc., a California corporation ("Plant Depot"), with reference to that certain License Agreement dated February 6, 2007 and recorded February 14, 2007 as Recorder's Serial Number 2007000098242 in the Official Records of Orange County (the "License Agreement"). B. WHEREAS, the License Agreement granted Plant Depot a license right to use a portion of an existing public right-of-way ("Right -of -Way") located on Assessor's Parcel Number 666-291-01 (the "Property") for the purpose of installing landscape and irrigation. C. WHEREAS, City and Plant Depot agree that their respective rights and obligations under the License Agreement as to the Right -of -Way no longer applies and they desire to terminate the License Agreement and remove it from title to the Property. D. WHEREAS, pursuant to Article III Section 1 of the License Agreement either party may terminate the License Agreement on ninety (90) days written notice to the non -terminating party. E. WHEREAS, on December 17, 2019 the City provided written notice to Plant Depot of City's intention to terminate the License Agreement pursuant to Article III Section 1. NOW, THEREFORE, the Parties do hereby determine and agree as follows: 1. - The Recitals are hereby incorporated into this Termination of License Agreement and the Parties acknowledge the Recitals are true and correct. 2. This Termination Agreement may be executed in counterparts, each of which shall be an original, but when taken together shall constitute but one agreement. 3. The Parties waive, release and extinguish all rights, duties, and claims under, through or pursuant to the License Agreement. (Signatures on Following Page] 61147.00150\32603678.2 TERMINATION OF LICENSE AGREEMENT IN WITNESS WHEREOF, City and Plant Depot have executed this Termination of License Agreement to be effective as of the date of the last signature below. CITY: CITY OF SAN JUAN CAPI, TRANO, a municipal corporation i By: w n ami gel, rity Manager Dated:_ 7 - 4 —LD PLANT DEPOT: PLANT D_UD C,.�2R1tY6mia corporation By: Jennifer -7/1 -KI el , Owner / Dated: / 1' 2-62-0 cvEVA,:uiSatl{: r 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 J O 2020 before me,"H P /5'-�-, Notary Public, personally appearedFG-2 K4 T TE.E . who proved to me on the basis of satisfactory evidence to be the person(p) whose name( is/are subscribed to the within instrument and acknowledged to me that4w/she4hey executed the same m-hWherkheir authorized capacity(ieo), and that by-his/herkheir signature on the instrument the persor�, or the entity upon behalf of which the personal acted, execute the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing pamgmph is true and correct. WITNESS my hand and official seal. � <•• HEMANSHU P. BADANI C_____-- F °' COMM ... 2257720 p Signature: I NOTARY PURUC-CAWFOAMA i O3 ORANGE COUNTY (A My Term Exp. 00, 7, 2022 61147.001 SOt32603678.2 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT 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 ) as. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On July 16, 2020, before me, Christy J•akl, Assistant City Clerk, personally appeared Benjamin Siegel, City Manager, who proved to me on the basis of satisfactory evidence to the be 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 lies), and that by his/her/there 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. (SEAL) WITNESS my hand and official seal. I L , \ X Chrlij!y Jakl, Assig@ht City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document City Manager Termination of License Agreement Plant Depot Title APN 666-291-01 Signer is Representing City of San Juan Capistrano