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)