HomeMy WebLinkAboutAttachment E, Exhibit 1, S - Termination of NoticeEXHIBIT S
Termination of Notice
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Vice Chancellor, Business Services
SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT
28000 Marguerite Parkway
Mission Viejo, California 92692 -3635
Exempt from Recording Fees
Per Government Code Section 6103
(Space Above for Recorder's Use)
TERMINATION OF SHORT FORM NOTICE OF AGREEMENT
THIS TERMINATION OF SHORT FORM NOTICE OF AGREEMENT
( "Termination ") is entered into as of , 2013 by the CITY OF TUSTIN, a
municipal corporation ( "City ") and the SOUTH ORANGE COUNTY COMMUNITY
COLLEGE DISTRICT, a public agency ( "SOCCCD "). City and SOCCCD are sometimes
collectively referred to herein as the "Parties."
RECITALS
A. City and SOCCCD executed that certain Short Form Notice of Agreement dated
April 22, 2004 and recorded on April 29, 2004 in the Official Records of Orange County,
California (the "Official Records ") as Instrument No. 2004000369375 (the "Notice of
Agreement"). The Notice of Agreement concerned that certain "Agreement between the City of
Tustin and the South Orange County Community College District for the Conveyance of a
Portion of MCAS Tustin and the Establishment of an Advanced Technology Educational
Campus" entered into by City and SOCCCD dated April 22, 2004 (the " SOCCCD
Agreement "). The Notice of Agreement was recorded as an encumbrance against the
"SOCCCD Property," as defined in the Notice of Agreement (the "Original SOCCCD
Property").
B. The SOCCCD Agreement has been amended and restated in its entirety pursuant
to that certain "Development Agreement and Amended and Restated Agreement between the
City of Tustin and the South Orange County Community College District for the Conveyance of
a Portion of MCAS Tustin and the Establishment of an Advanced Technology Educational
Campus" entered into by City and SOCCCD dated , 2013 and recorded on
, 2013 as Instrument No. in the Official Records (the
"Development Agreement ").
C. Pursuant to Section 19 of the Development Agreement, the Development
Agreement shall supersede and replace the Notice of Agreement, and the Notice of Agreement
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shall be and of no further force or effect upon the "Effective Date" (as defined in Section 1.4 of
the Development Agreement). Pursuant to Section 1.4 of the Development Agreement, the
Effective Date shall be evidenced by the recordation in the Official Records of a Memorandum
of Effective Date of Development Agreement executed by City and SOCCCD (the
"Memorandum ").
D. The Effective Date of the Development Agreement has occurred, as evidenced by
the recordation of the Memorandum in the Official Records concurrently herewith.
E. Accordingly, the Parties desire to confirm that the Notice of Agreement has been
terminated by recording this Termination in the Official Records.
NOW, THEREFORE, the Parties agree as follows:
1. TERMINATION. The Parties agree that the Notice of Agreement is hereby
terminated and shall be of no further force or effect.
2. EFFECT OF TERMINATION. The effect of this Termination is to terminate
and release the Notice of Agreement as an encumbrance against the Original SOCCCD Property;
provided however, that nothing herein shall affect the encumbrance of the Development
Agreement against the "SOCCCD Property," as such term is defined in Section 2.1 of the
Development Agreement.
[SIGNATURES ON FOLLOWING PAGE/
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IN WITNESS WHEREOF, the Parties have each executed this Termination as of the
date first written above.
Approved as to Form:
City Attorney or Special Counsel
By:
3
CITY OF TUSTIN
Name: Jeffrey C. Parker
Title: City Manager
SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT
By:
Name: Gary L. Poertner
Title: Chancellor
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STATE OF CALIFORNIA
COUNTY OF
On before me,
(here insert name and title of the officer)
personally appeared
and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
STATE OF CALIFORNIA
COUNTY OF
On before me,
(SEAL)
(here insert name and title of the officer)
personally appeared
and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
(SEAL)
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