The URL can be used to link to this page

Home My WebLink AboutC-5928(B) - West 15th Street, 883 - Memorandum of Amendment to Lease (MOL) 20247/31/24. 12:11 PM Batch 17802541 Confirmation Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II 11 II III II II IIII III 1111111111111 NO FEE *$ R 0 0 1 5 0 7 6 0 5 8 $ * 202400019636011:53 am 07/31/24 RECORDING REQUESTED AND 90 CR-SC06 M10 9 WHEN RECORDED RETURN TO: 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 City of Newport Beach Attn: City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code §§ 27383] MEMORANDUM OF AMENDMENT TO LEASE AGREEMENT This Memorandum of Amendment to Lease Agreement ("Memorandum") is dated July 9, 2024, and is made by and between City of Newport Beach, a California municipal corporation and charter city ("City"), and Pacifica Christian High School of Orange County, a California non-profit corporation ("Tenant"), concerning the real property described in Exhibit 'A," and depicted in Exhibit "B", both of which are attached hereto and incorporated herein by this reference ("Property"). The City and Tenant are collectively referred to herein as the "Parties." For good and adequate consideration, City leased the Property to Tenant, and Tenant leased the Property from City, for the term and on the provisions contained in that certain, Ground Lease Agreement Between the City of Newport Beach and Pacifica Christian High School of Orange County, dated September 26, 2014 ("Lease"), a copy of which is on file in the Office of the City Clerk, and as evidenced by that certain, Memorandum of Lease Agreement, dated September 26, 2014, recorded October 8, 2014, as Instrument No. 2014000409393 in the Official Records of Orange County, which includes, without limitation, provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City in each instance, and a first right of refusal to purchase the Property subject to City's compliance with applicable surplus property statutes, all as more specifically set forth in said Lease, which said Lease is incorporated in this Memorandum by this reference. https://gs.secure-erds.com/Batch/Confirmation/l 7802541 1 /6 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City of Newport Beach Attn: City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code §§ 27383] MEMORANDUM OF AMENDMENT TO LEASE AGREEMENT This Memorandum of Amendment to Lease Agreement ("Memorandum") is dated July 9, 2024, and is made by and between City of Newport Beach, a California municipal corporation and charter city ("City"), and Pacifica Christian High School of Orange County, a California non-profit corporation ("Tenant"), concerning the real property described in Exhibit 'A," and depicted in Exhibit "B", both of which are attached hereto and incorporated herein by this reference ("Property"). The City and Tenant are collectively referred to herein as the "Parties." For good and adequate consideration, City leased the Property to Tenant, and Tenant leased the Property from City, for the term and on the provisions contained in that certain, Ground Lease Agreement Between the City of Newport Beach and Pacifica Christian High School of Orange County, dated September 26, 2014 ("Lease"), a copy of which is on file in the Office of the City Clerk, and as evidenced by that certain, Memorandum of Lease Agreement, dated September 26, 2014, recorded October 8, 2014, as Instrument No. 2014000409393 in the Official Records of Orange County, which includes, without limitation, provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City in each instance, and a first right of refusal to purchase the Property subject to City's compliance with applicable surplus property statutes, all as more specifically set forth in said Lease, which said Lease is incorporated in this Memorandum by this reference. For good and adequate consideration, the Parties subsequently entered into that certain, Amendment to Lease Agreement by and between the City of Newport Beach and Pacifica Christian High School of Orange County, Inc., dated July 9, 2024 ("Amendment"), a copy of which is on file in the Office of the City Clerk, to amend the term of the Lease to be twenty five (25) years, beginning September 26, 2014, and ending September 26, 2039, with the right to extend for up to two (2) successive terms of five (5) years each, with all other provisions, terms, and covenants set forth in the Lease remaining in full force and effect. This Memorandum is not a complete summary of the Lease or the Amendment. Provisions in this Memorandum shall not be used in interpreting the Lease or the Amendment's provisions. In the event of conflict between the terms of this Memorandum, on the one hand, and the terms of the Lease or the Amendment, on the other hand, the terms of the Lease or the Amendment shall control. [Signatures on the next page] IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (11 By: ZIA A A An C. Harp City Attorney ATTEST: Date: �• 3�. ?-�� By: � Leilani I. Brown City Clerk LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: 7129hZ'-1 N By:� Grace K. Leung City Manager LESSEE: PACIFICA CHRISTIAN HIGH SCHOOL — ORANGE COUNTY, INC., a California nonprofit corporation Date: Signed in Counterpart Bv: Keith Carlson Chief Executive Officer Date: Signed in Counterpart Bv: David Bahnsen Chief Financial Officer [END OF SIGNATURES] Tenants must sign in the presence of notary public ATTACHMENTS: Exhibit A — Property Description Exhibit B — Property Depiction IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the dates written below. APPROVED AS TO FORM: LESSOR: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation and charter city Date:? Date: 1 �> By: By: Aar n C. Harp Grace K. Leung City Attorney City Manager ATTEST: Date: Leilani I. Brown City Clerk LESSEE: PACIFICA CHRISTIAN HIGH SCHOOL - ORANGE COUNTY, INC., a California nonprofit corporation Date: 6�7-h L-, i By: Keith Carlson Chief Executive Officer Date: By: David Bahnsen Chief Financial Officer [END OF SIGNATURES] Tenants must sign in the presence of notary public ATTACHMENTS: Exhibit A — Property Description Exhibit B — Property Depiction 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 ss. On "kA U .2&� 1 20 -;�, before me, Fc_LLU , Notary Public, personally appeared V)-V-%A CaX � Soh 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 signatures(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 =eal. RAYNAAUSIIN *M'My.C, Notary Public • California Orange County Commission N 2479643 mm. Expires Jan 28, 2024 Si na u (seal) 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 _ Q�q } ss. On `f (, h �� , 20--)Ol before me, Notary Public, personally appeared W(VI' '� �i/ii"SSn" , 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 signatures(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. *my RAYNAAUSTIN Notary Public • California Orange County Commission N 2479643 Comm. Expires Jan 28, 2021 i na re (seal) 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 OR -A 4(o E } ss. On _� V Lill I t 20 1,4 before me, ENNt FEg AtNN oAVLyC—i Notary Public, personally appeared -T 10► VXA Fvc T E►2 C t oIAJ(•c AL— , who proved to me on the basis of satisfactory evidence to be the person(,) whose name(e) is/aye subscribed to the within instrument and acknowledged to me that halshe/thay executed the same in bjs/her/tl7efr authorized capacity(ias), and that by h.is/her/their signaturesO on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws paragraph is true and correct. S my har_and official seal. of the State of California that the foregoing E F y JENNIFERA#4j QLVEY Not}ry Puhljc Ca40 nia i >v` 6range;4vty ' ••�•"'" My Commis jqn f 2375299 Comm. pires Oct 12, 2025 (seal) 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 } ss. On 20 before me, Notary Public, personally appeared 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 signatures(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) EXHIBIT A Parcel 2 of Parcel Map 88-285, in the City of Newport Beach, as per map filed in Book 237, pages 1 through 3 of Parcel Maps, in the office of the County Recorder of said County. IWIM MI Shed 3 of 3 1 rwuL_5 ..1VT ILRLS PARCEL MAP NQ 88-285 CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA LARC A 4P`.J:111'ICK a L.1111, I tK 11R•.l 1-1— 1. Ki'Mmrl 2 PARLFI5 MESA TMC'. I,lltall er lr-nkl eLJf_ mvrr Orof"L. %Tai. H LL.JMWIL. 45 Wflu LN AMNR"U:•WAP IN r5K.6'H.N 0e5•••(UTAL.U1N <•AI` R(UPW or .1RIWE. (LI"lr RC811d B. FSlt1AER5 C ASSOC. INC. R4H7N 8. 4lAMFJ,i^ P• C F.. 31'120 "it or 4JRYLT SouL n, I," r5 I' ( NHJ PL1 >I T':Th TE5 F 4 tE TN ' r.ORpll Afi•1 � I eN• VI' W L L• 1.14 r � 2L i.T5 jl� ,= NGV 51'1L'l tiff 44'� G%Gl.1:♦SfusY �,1.,j• ..��ia'c[21'L ;J PARCEL t P 44, A: NLT �YLiT' n `G l'•TI :A•L loTuc[NO R7i:V': rYLL TR•i60 IALLI"E•n4 M'FJ'IT 6�=y (-� a:{ �K I 'GT �1�,1 �• ♦]. L58i 4th:d MC 13TA�.. 1^.'-. '.�LiR• 21:7' I r e.Pota r *•rIl 9��1}L15r cN'IC 11 �r f n! [re +[L 1.t,t,StLMil1 I Ii 569'41'4TLI,l II' -O _•, q� `I fi4rb Lc. - - rt1. 0.R 311011 O1' _ t., F Ell WtV ruLLl F' NE19•TL'N'L,C 11' i rEl A ilw'la roux lSNN lAN1f1 Kn4VIro•m 1 -- ILIS Y 1 [ Ir.le 51'7 rlyl i.l: 1111 AGR G1 r0 I(5 'W UL IID" RR e.5 IL•IS NLLh/ iTfiEiT OL-CL i'S4.G'I[RTh WL7L nJILSI'RtYT _ I II I LIILV 'E1Tb1Ep LSI rE Tl(t5 � 4 @ FA T0.1L841 nrt 1:6'Il lr 45 •% k _ 5i P.M 61uI Ii51rb M A d w? rILRATilII fAF�l 4JfLS1 � gCKI'L 11 YL111M N7. �y �� n • R I mM a 1W w o M !� 44• r.rAULcl.rL xo { 'Z Ii3 UU - - 51'•"g — "-•-lv M'- - ALDroL+cHCxe:'41-SL'E - �7 Itl4 t1-.':'114 u9'IL IlLI !('• Y,lly:� H51A Th.:, •cull MM dISI _ IL'_ILU Y. TIL'_11411 ,NLILTRI ,- I rd" 11 L'llscL.Mr.Aty t. •1L(,•i•JD, T W""II'C Slo" Ld"+•11"LY.001' n M. iTd ro vA'u s l LLi liil FEF Q I (II _ I-•. .: FF L� 1 L:m r.v MONUM5N7 NOTE'S .--INV{A!l511 l0QM'r Rl. e —NC•tLUi ;LT 4"T Y-6 K.L911M0 YR'm to FALCISJAT I.%Pr r4AT_ -ir[W NYIGa 5[T ri.1 PL GTALV1/8 R(;',ItW I 5Ito'Mk 1l D 011TLTLt KLlAALT Lr Ir0.49 MM 41L•ln A PHEx li1AYi11 lILSLe J Y.r1�L01I c LI.TANL6 rL6 '. A. R11L4 1 Y IK=AlL5 R — eR RK l51ANTAA(T 41 rb'A 15 K 441111 Al [ NOIUILS AGO1-0 O15T111([ KitTIMT A011111JN Ty WL .RI MLSA TF .. x,M U14, ll t•. i11 %1 L:1 'ill Or YC'NNr,T [11.1L']t.111'1 CILI,Lhlt6 hl Nt•Lt :I'6 U dfAM1n6 RTx 1K M& u64N _.,. J ... , .. r FL'u BA41i OF 6EMYNGi FT LL d MLNF(i1��r•'J(LKNL eLRY.ri.l x0'lIlII L41te µAPI•w-AM.1rLG hill LW It TIL RI=ikM LTTR(V or 7NLc Wy 00 M"L•CLIL MG mKma.. d