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RECORDING REQUESTED BY
CITY OF SANTA MARIA, CA
AND WHEN RECORDED, MAIL TO:
City of Santa Maria
City Clerk’s Office
110 East Cook Street, Room 3
Santa Maria, CA 93454
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
RELEASE AND TERMINATION OF SUBDIVISION IMPROVEMENT AGREEMENT ENOS RANCHOS TRACT 6000
This Release and Termination of Subdivision Improvement Agreement for Enos Ranchos Tract 6000 (this "Termination") is made and entered into by and between NKT COMMERCIAL I, LLC, a California limited liability company (“ NKT”), and the CITY OF SANTA MARIA, a California municipal corporation (" City") pursuant to that certain Subdivision Improvement Agreement for Enos Ranchos Tract 6000 by and between NKT and City dated as of May 3, 2016 and recorded May 20, 2016 as Instrument No. 2016- 0025129 (the “Agreement”) in the Official Records of Santa Barbara County, California (the “ Official Records ”). This Termination is intended to terminate the Agreement and eliminate it as an exception to tile as to any property A. The Agreement sets forth certain development rights and obligations with respect to the construction and completion of certain Improvements (as defined in the Agreement) and other conditions set forth in the conditions of approval of the Enos Ranchos Final Map Tract 6000.
B. NKT, as to all property subject to the Agreement, whether for itself o r its assigns as to any portion of the property, has completed its obligations in accordance with the terms of and as required under the Agreement.
C. Based upon completion of its obligations and pursuant to Section 7(k) of the Agreement, the City and NKT intend to release and terminate the Agreement and provide this Termination thereby eliminating the Agreement as an exception to title to any property encumbered thereby.
Based on the foregoing, the City and NKT, on behalf of its self and assigns agree as follows:
1. Release and Termination of Agreement . The City and NKT hereby irrevocably release and terminate the Agreement for all purposes and the Agreement shall be of no further force or effect.
Attachment A
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2. Removal from Official Records . The parties hereby authorize the recordation of this Agreement, which is being recorded for the purpose of removing the Agreement from the Official Records.
3. Governing Law. This Termination shall be governed by the laws of the State of California.
4. Counterparts. This Termination may be executed in counterparts, which when taken together, shall constitute one (1) original agreement thereof.
5. Binding Effect. This Termination shall be binding upon and inure to the benefit of the parties and owners of all or any part of the Property, together with each and all of their respective successors and assigns.
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IN WITNESS WHEREOF, NKT and City have executed this Termination as of the Effective Date.
NKT COMMERCIAL I, LLC,
a California limited liability company
By:
Name: Nicholas J. Tompkins
Title: Manager
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CITY OF SANTA MARIA,
a municipal corporation of the State of California
By:
Name:
Title:
APPROVED AS CONTENTS:
City Manager
Department Head
APPROVED AS TO FORM:
City Attorney
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ACKNOWLEDGMENT
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 ______________________ )
On _________________________, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
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.
Signature (Seal)
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ACKNOWLEDGMENT
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 ______________________ )
On _________________________, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
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.
Signature (Seal)