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HomeMy WebLinkAboutAUTOZONE WEST LLC (SHORT FORM LEASE)This Instrument prepared by: T. Larry Ledbetter, Attorney AutoZone West LLC c/o AutoZone, Inc. R O. Box 2198 Memphis, TN 38101 -2198 Recording requested by, and after recording, mail to: First American Mortgage Services 1100 Superior Avenue, Suite 200 Cleveland, OH 44114 APN: 013- 011.41 APN: 013- 011.41 ABOVE AREA IS RESERVED FOR RECORDER'S USE ONLY tt 9' 0 :4121 go] ' A- 2015 -079 AZ #55313.01 -01 Santa Ana, CA This lease extension does not constitute a change of ownership under California law, as the remaining lease term (including written options), is less than 35 years. Documentary Transfer Tax is ZERO ($0.00) THIS SHORT FORM LEASE is made as of April 21, 2015 The City of Santa Ana, a Municipal Corporation (hereinafter "Landlord ") and AutoZone West, LLC, a Nevada limited liability company (hereinafter "Tenant "). WITNESSETH: For and In consideration of One Dollar (61.00) and other valuable consideration paid and to be paid by Tenant to Landlord, Landlord does demise and lease unto Tenant and Tenant does lease and take from Landlord upon the terms and conditions and subject to the limitations more particularly set forth in a certain Freestanding Building Lease (hereinafter "Lease ") between Landlord and Tenant, bearing even date herewith, to which Lease reference is hereby made for all the terms and conditions thereof, which terms and conditions are made a part hereof as fully and particularly as if set out verbatim herein, the premises (the "Demised Premises ") situated in the City of Santa Ana, County of Orange, State of California, consisting of a 24,560 square foot premises, together, rights of access as provided herein, and more particularly described in Exhibit "A" and shown on Exhibit "B". 1. TO HAVE AND TO HOLD the Demised Premises unto Tenant for a term of five (5) years commencing on May 1, 2015, and ending on April 30, 2020, unless sooner terminated, extended or modified as provided therein. 2. In the Lease, Landlord has granted to Tenant three (3) separate options to extend the Term for three (3) separate consecutive additional Extension Periods of five (5) years each, which options are exercisable by Tenant as set forth in the Lease. 3, The Lease contains, among other things, the following provisions: (a) Landlord grants Tenant the right to merchandise any products normally sold in Tenant's other auto parts, supply and accessories stores without restriction. (b) Tenant may use the Demised Premises for any lawful purpose except for the installation or use of underground storage tanks. IN TESTIMONY WHEREOF, the above named Landlord and the above named Tenant have caused this instrument to be executed as of the day and year set forth above. Landlord: The City of Santa Ana By: ` —Z— Printed Name: D vid Cavazos Title: City Manager ATTEST: By: W (otL"g- u Fb�z Az Printed Name: Maria lduizar Title: Clerk of the Council � / r Tenant: AUtoZone West LLC, a Nevada limited liability company By: AutoZone Parts, Inc., a Nevada corporation, its Sol member By: Printed Na Ja es Griff ith Title: Vice President By: New Printed Narhe: Title: j�kp, APPROVED FOR EXECUTI N AutoZ #,Sr 9uelneee; Leila . STATE OF TENNESSEE ) ) ss. COUNTY OF SHELBY ) On April 21, 2015 before me, Laura Sharpe (Notary Public) personally appeared James C. Griffith and Thomng t3. NewhPrn , who 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. ? ;, L. a (SEAL) ^ +r (1?�.7C1 fry Laura Sharpe =:: 4r i'ullluc ', —L (Printed Name) Sj Yt t N , NOTARY PUBLIC IN AND h�rirnni`�n'� FOR SAID COUNTY AND STATE My Commission Expires: April 27 2016 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 ) ) ss. COUNTY OF ORANGE ) On 2015 before appeared David Cavazos who proved to me on the is subscribed to the within instrument and acknoyy capacity, and that by his signature on the instrum ! acted, executed the instrument. n .' I certify under PENALTY OF PERJURY true and correct. WITNESS my hand and official seal. (Printed Name) NOTARY PUBLIC IN FOR SAID COUNTY My Commission STATE `� (Notary Public) personally s of satisfactory evidence to be the person whose name I'ged to me that he executed the same in his authorized the person, or the entity upon behalf of which the person laws of the State of California that the foregoing paragraph is (SEAL) CALIFORNIA ALL - PURPOSE 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) On May 13, 2015 before me, Maria D. Huizar, Notary Public personally appeared David Cavazos, City Manager who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. ��+•:�. ARIA 0. Hulce -A- - - - S Commission 8 1974202 L ;� +' Notary Public • California Comm. Ex Orange County A�y�� M m. E>t Irea A r 5 2D16 CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) ❑ Corporate ❑ Officers Titles) ❑ Partner(s) ❑ General Partner of a Limited ❑ Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian /Conservator ❑ Other: WITNESS my hand and official seal. c G, Signature (Seal) SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: SHORT FORM LEASE, AUTOZONE WEST, LLC NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: EXHIBIT "A" LEGAL DESCRIPTION The Demised Premises: APN: 013- 011 -41 Lots 22, 23, 24, 25 and 26, of Block "c" of Tract no. 603 in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 19 Page 6 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California. Excepting therefrom the westerly 10 feet of said lots 22, 23, and 26. f6LF s do fl,Xliip-lT D 9