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13-1115_VIA FLOR LLC_Termination of Sudivision Improvement AgreementRecording Requested Br. First American Title Company National Homebuiider services Recorded in Official Records, Orange County Subdivision Deporhnerd Hugh Nguyen, Clerk -Recorder IIS I H1I IIS IIS 111111 H 111Hil 111 I El I I III NO FEE When Recorded Mail To: *$ R 0 0 0 6 3 2 5 9 5 5$ City of San Juan Capistrano 2013000630467 8:00 am 11115113 32400 Paseo Adelante 232 403 T02 F13 4 San Juan Capistrano, CA 92675 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 Attn: City Clerk 11 (Space Above for Recorder's Use) Exempt from recording fees pursuant to Gov. Code 27383 and 6103 TERMINATION OF SUBDIVISION IMPROVEMENT AGREEMENT (Subdivision Improvement Agreement Tentative Tract Map 16168) This TERMINATION OF SUBDIVISION IMPROVEMENT AGREEMENT ("Termination") is dated as of October 8, 2013, and entered into by and between FIRST AMERICAN TITLE COMPANY, a California corporation ("Subdivider"), and the CITY OF SAN JUAN CAPISTRANO, a California municipal corporation ("City"). RECITALS: A. Subdivider and City are parties to that certain Subdivision Improvement Agreement Tentative Tract Map 16168 dated February 15, 2011, and recorded in the Official Records of Orange County, California on March 7, 2011, as Instrument No. 2011000119067, as amended by that certain Extension of Subdivision Improvement Agreement dated April 12, 2013, and recorded in the Official Records of Orange County, California on April 25, 2013, as Instrument No. 2013000247227 (collectively, the "Subdivision Improvement Agreement"), which provides for Subdivider to construct certain improvements and perform other obligations relating to the filing of a Final Map. B. Subdivider is selling the property that is the subject of the Subdivision Improvement Agreement and the buyer is entering into a new Subdivision Improvement Agreement with City. Accordingly, Subdivider has requested, and City has agreed, to terminate the existing Subdivision Improvement Agreement, as set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Termination, Effective Date. Effective upon the recordation of this Termination, the Subdivision Improvement Agreement is terminated in its entirety. 2. Authority. The persons executing this Termination on behalf of the parties hereto represent and warrant to the other parties that they are duly authorized to execute and deliver this Termination on behalf of such party, and by so executing this Termination, said party is formally bound to the provisions of this Termination. 538/012225-0126 2905388.2 a10/08/13 3. Counterparts. This Termination may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, Subdivider and City have entered into this Termination to be effective upon its recordation. "SUBDIVIDER" FIRST AMERICAN TITLE COMPANY, a California corporation By: Its: V1ee President, Director Corporate Rea s a e By: +ev n ile 4 Its:,- ��� ► fy` "CITY" CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: Its: City Enginer G,00e 4) rez 538/012225-0126 2905388.2 a10/08/13 -2- ACKNOWLEDGMENT State of California County of Qrana�. ) On Oc l&r.r 10 2013 before me,, - (insert name and title of the officer) *- A/,)+z^-N ? -6 i ,Y„ Personally appeared II,S�I--ud ka 100 1 sL )-t-V1 k` Ml t�cr who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) it/are subscribed to the within instrument and acknowledged to me that h/sqe/they executed the same in ho/h f r/their authorized capacity(ies), and that by h /hjr/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. NICOLE THOMPSON-JACKSON WITNESS my hand and official seal. _ Commission # 1971153 Notary Public - California i Orange County My Comm. Ex ires Dec 10, 2013 Signatu a z (Seal) PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On October 29, 2013, before me, Maria Morris, City Clerk, personally appeared George Alvarez, City Engineer, 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, 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) Capacity Claimed by Signers City Engineer Title Signer is Representing City of San Juan Capistrano WITNESS h Maria Morris, City OPTIONAL d official seal. Description of Attached Document Title or Type of Document Termination of Subdivision Improvement Agreement (Subdivision Improvement Agreement Tentative Tract Map 16168)