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HomeMy WebLinkAboutSD Easement - North Lot Agreement 058308 REGEIVED FOR RECORD ATM 0"C WK Recording Requested By And When Recorded Mail To: FEB 2A 1996 Vicki Lynne Kasad City of Lake Elsinore d�AsMga+►O�e 130 South Main Street •\\Lake Elsinore, California 92530 SUBORDINATION AGREEMENT This Subordination Agreement is made and entered into as of June 16, 1995 by and between MG/Chelsea Lake Elsinore l Limited Partnership, a District of Columbia limited partnership ("Owner") and McG Outlet Centers Limited Partnership, a Delaware limited partnership ("Lessee") , with reference to the following recitals: A. Owner and Lessee are the owner and lessee, respectively, under that certain Ground Lease with Option to Purchase dated as of April 5, 1995, a memorandum of which was recorded in the Official Records of Riverside County on May 16, 1995 as Instrument No. 156737 (the "Lease") , pertaining to certain real property located in the City of Lake Elsinore, County of Riverside, State of California, as more particularly described in the Lease (the "Property") . B. Owner has executed a Grant Deed in favor of the City of Lake Elsinore whereby the Owner grants to the City of Lake Elsinore an easement across the Property for an underground storm drain (the "Storm Drain Easement") and Owner is further causing said Grant Deed to be recorded in the Official Record of Riverside County concurrent with the recording of this Subordination Agreement. C. Owner and Lessee desire that the Lease and Owner's and Lessee's rights and interests thereunder including, without limitation, Lessee's option to purchase the Property as set forth in the Lease, shall be and at all times remain subject and subordinate to the Storm Drain Easement. NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owner and Lessee do hereby agree that the Lease and the leasehold interests and estate created thereby and the rights, 58308 privileges and powers of the Owner and the Lessee thereunder, including, without limitation, Lessee's right to purchase the Property as set forth in the Lease and all other rights or interests of the Lessee under the Lease, be and are hereby, and with full knowledge and understanding of the effect thereof, unconditionally made and shall at all times remain subject, subordinate and inferior to the Storm Drain Easement and all rights and privileges of the grantee of the Storm Drain Easement. IN WITNESS WHEREOF, the parties that have executed this Subordination Agreement as of the date first above written: Owner: MG/CHELSEA LAKE ELSINORE LIMITED PARTNERSHIP, a District of Columbia limited partnership By: CM Enterprises, Inc. , a Delaware Corporation, its general partner By: Title: By: Glen Investors, Inc. , a Delaware Corporation, its general partner By: Title: C�,u Lessee: McG OUTLET CENTERS LIMITED PARTNERSHIP, a Delaware limited partnership By: McArthur/Glen Realty Corp. , a Delaware Corporation, its general partner By; )�. 04w� Title: 0 C• V P 58308 ACKNOWLEDGMENT STATE OF SS. COUNTY OF G ) On �)L4U /6 995 before me, personaMy appeared L�'��>> �...� , persona ly known to me (or proved to me on the basi,19 of satisfactory evidence) to be the person(-s-} whose name(-s} is/are-subscribed to the within instrument, and acknowledged to me that he/shey-theme executed the same in his/hery-t--- authorized capacity-bias) , and that by his/herft4ve r signatures on the' instrument the person(s}, or the entity upon behalf of which the person(s4 acted, executed the instrument. WITNESS, my hand anj official seal. Signature (S E A L) 58308 ACKNOWLEDGMENT STATE OF ss. COUNTY OF On 1995, rbefore me, L` ��c�. L��w�►L , persona]r appeared —PAC%, LdA,;t-, � personally known to me (or proved to me on the ba is 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. WITNESS, my hand and official seal. Signature Ci �u ����� ��.f /U�-^'�a �����G� (S E A L) 58308 ACKNOWLEDGMENT STATE OF A. •-�-� ) ss. COUNTY OF ,hu�R ) L.�.,� /fo 1995, before me, � ' ILL Lc On ersonal y known to me personall appeared �� L � �c "�i ' p evidence) (or proved to me on the b sis of satisfactory to be the persons whose name('&) is/ar$ subscribed to the within instrument, and acknowledged to me that -he/she/they and executed the same in k�s/her/tha authorized capacity(1e54, that by hi-s/her/th-e-i-r signature(-s-) on the instrument the person(s}, or the entity upon behalf of which the person•(-s) acted, executed the instrument. WITNESS, my hand and official seal. f-L1a-_e,4 (S E A L) Signature R;