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HomeMy WebLinkAboutSowing Sisters quilt shop; 2009-06-02; Settlement AgreementRELEASE AND SATISFACTION RE: LEASE AGREEMENT BETWEEN CARLSBAD REDEVELOPMENT AGENCY AS LESSOR AND REBECCA BIDDLE D/B/A SOWING SISTERS QUILT SHOP - A SOLE PROPRIETOR, AS LESSEE, DATED JANUARY 29, 2009 WHEREAS, Sowing Sisters Quilt Shop became a tenant of the Carlsbad Redevelopment Agency in its building located at 2787A State Street on May 7, 2007 and faithfully paid all rental amounts due for over one and a half years; and WHEREAS, the current recession and its disastrous impact on businesses has made it impossible for Sowing Sisters Quilt Shop to pay delinquent rents in the amount of $ 32,384.05 or future rents to become due under the Lease Agreement, or to continue on in business; and WHEREAS, Lessee has provided the City Attorney's Office with documentation of the severity of its financial problems; and WHEREAS, it is apparent that Lessee will be unable to pay arrearages in rent within the foreseeable future; and WHEREAS, Lessee has vacated the premises as of March 18, 2009 and returned the keys to the leased premises to the Carlsbad Redevelopment Agency; and WHEREAS, Lessee has cooperated with the Housing and Redevelopment Agency in terminating the Lease Agreement by executing a quitclaim deed in favor of the Carlsbad Redevelopment Agency and executing an acknowledgment that the Sowing Sisters Quilt Shop security deposit in the amount of $ 6014.00 i s being forfeited and applied towards arrearages in rent: THEREFORE, for the considerations set forth above, the Housing and Redevelopment Agency hereby releases and discharges Rebecca Biddle d/b/a Sowing Sisters Quilt Shop from all claims and demands, rights and causes of action of any kind related to the Lease Agreement. By signing this General Release, the City of Carlsbad Redevelopment Agency intends to give up and discharge all rights and claims related to the Lease Agreement, even though some of such damages may not have shown themselves at the time of acceptance of this Release. DATED:7 7 DATED: REBECCA BIDDLE, Sole Proprietor d/b/a SOWING SISTERS QUILT SHOP LESSEE resident :ARLSBAD REDEVELOPMENT AGENCY LESSOR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <X*^x^<KXX>c&oC-<^.oftcx!'.<^X^ State of California County of ^j On personally appeared Q_ before me, ^__ ^r\P\QACfjQL , and titlHere Insert Name and title of the Officer &M Name(s) of Signer(s) BMBAftAJ. NEDROS f Commission 4> 1819950 I Notary Public - California I San Diego County i MyComm. Expires Nov 23.20121 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 te/she/they executed the same in te/her/tbeir authorized capacity(iee), and that by •te/her/tbeir signature(s) on the instrument the person(&), 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. Place Notary Seat Above Signature \^ OPTIONAL Signature^! Notary Publtf Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ("V Document Date: \V\f^JJ .Number of Pages: Signer(s) Other Than Named Above: acity(ies) Claimed by Signer(s) Signer's Name: LJ Individual '~ Corporate Officer — Title(s): [": Partner — C Limited D General U Attorney in Fact ! ] Trustee U Guardian or Conservator D Other: Signer Is Representing: Top of thumb here Signer's Name: _J Individual D Corporate Officer — Title(s): D Partner — D Limited [j General :orney in Fact I"J Trustel L Guardian or CoTreetyator RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827