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HomeMy WebLinkAboutC-8427-2 - Harbor Island Drive, 829 - MOL (Tenant 3) "Balboa Yacht Basin"Batch 10182105 Confirmation r CID Q RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach City Clerk's Office P.O. Box 1768 Newport Beach, CA 92658-8915 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I II III II I III I II III I II II NO FEE * 3 8 0 0 1 2 7 8 7 4 9 5$ 202100029795311:35 am 05104121 399 RW9A M11 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE e7rtmP( VEf oY, ccs 2733&3 MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM THIS MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM ("Memorandum") is made and executed in connection with that certain Assignment and Assumption of Leases dated on or about , 202,'© ("Assignment"), by Seacoast of Channel Islands, LLC, a California limited liability, ("Assignor"), and Maritimo Marketing Americas, Inc., a Florida profit corporation ("Assignee"). RECITALS A. Assignor and The City of Newport Beach, a California municipal corporation and charter city ("City") are parties to a certain Lease Agreement dated December 1, 2016 ("Lease"), respecting certain harbor frontage and tidelands, together with certain abutting upland property including a commonly known as the "Balboa Yacht Basin," located at 829 Harbor Island Drive, Newport Beach, California, Assessor's Parcel Number 050- 210-02. The Balboa Yacht Basin includes a public marina, public restrooms, shipyard, parking lot, garage buildings used for storage, and buildings with residential apartments, offices and a restaurant ("Property"). The Property includes a six hundred ten (610) square foot office, as evidenced by a Memorandum of Lease Agreement recorded on February 22, 2017, in the Oficial Records of Orange County, California, as Instrument No. 2017000075989. B. On or about December 9, 2020, Assignor and Assignee executed an Assignment pursuant to which Assignor assigned to Assignee (and Assignee assumed from Assignor) all of Assignor's right, title, interest, and obligations under the Lease. C. On or about 2021, City consented to the Assignment by and between Assignor and Assignee pursuant to a certain Consent to Assignment of Lease recorded on MM q, UZ I and recorded in the Official Records of Orange County, California, as Instrument No. 20210002-9 ]293 which shall be further evidenced by this Memorandum to be immediately recorded thereafter. Page 1 of 2 https://gs.secure-recording.com/Batch/Confirmation/10182105 05/04/2021 Batch 10182105 Confirmation AGREEMENTS NOW, THEREFORE, in order to memorialize and give notice of the Lease and the Assignment thereof, the parties acknowledge and agree as follows: 1. Purpose of Memorandum. This Memorandum is being recorded to place public.on notice.of the terms and provisions of the Lease, which terms and provisions are hereby incorporated by reference into this Memorandum, and of the Assignment. In the event of any conflict between the terms and conditions of this Memorandum and the Lease, the terms and conditions of the Agreement shall prevail. 2. Amendment of Lease Memorandum. The Memorandum is amended such that the "Lessee" identified' therein shall mean and refer to Assignee from and after the date of recording of this document. 3. Counterparts. This Memorandum may be executed in one or more counterparts, each of which shall be deemed an original, but all which together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Maritimo Marketing Americas, Inc. Page 2 Page 2 of 2 https://gs.secure-recording.com/Batch/Confirmation/I 0182105 05/04/2021 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach City Clerk's Office P.O. Box 1768 Newport Beach, CA 92658-8915 SPACE ABOVE THIS LINE FOR RECORDER'S USE eitmPr ez ouvi LC1�ie %'i 3 MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM THIS MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM ("Memorandum") is made and executed in connection with that certain Assignment and Assumption of Leases dated on or about , 202,T0 ("Assignment"), by Seacoast of Channel Islands, LLC, a California limited liability, ("Assignor"), and Maritimo Marketing Americas, Inc., a Florida profit corporation ("Assignee"). RECITALS A. Assignor and The City of Newport Beach, a California municipal corporation and charter city ("City") are parties to a certain Lease Agreement dated December 1, 2016 ("Lease"), respecting certain harbor frontage and tidelands, together with certain abutting upland property including a commonly known as the "Balboa Yacht Basin," located at 829 Harbor Island Drive, Newport Beach, California, Assessor's Parcel Number 050- 210-02. The Balboa Yacht Basin includes a public marina, public restrooms, shipyard, parking lot, garage buildings used for storage, and buildings with residential apartments, offices and a restaurant ("Property"). The Property includes a six hundred ten (610) square foot office, as evidenced by a Memorandum of Lease Agreement recorded on February 22, 2017, in the Official Records of Orange County, California, as Instrument No. 20170000759139. B. On or about December 9, 2020, Assignor and Assignee executed an Assignment pursuant to which Assignor assigned to Assignee (and Assignee assumed from Assignor) all of Assignor's right, title, interest, and obligations under the Lease. C. On or about imm 4 2021, City consented to the Assignment by and between Assignor and Assignee pursuant to a certain Consent to Assignment of Lease recorded on im q. .2 0 �_ 1 , and recorded in the Official Records of Orange County, California, as Instrument No. 2021 000 Z9`j Z`i 3 , which shall be further evidenced by this Memorandum to be immediately recorded thereafter. AGREEMENTS NOW, THEREFORE, in order to memorialize and give notice of the Lease and the Assignment thereof, the parties acknowledge and agree as follows: 1. Purpose of Memorandum. This Memorandum is being recorded to place public on notice of the terms and provisions of the Lease, which terms and provisions are hereby incorporated by reference into this Memorandum, and of the Assignment. In the event of any conflict between the terms and conditions of this Memorandum and the Lease, the terms and conditions of the Agreement shall prevail. 2. Amendment of Lease Memorandum. The Memorandum is amended such that the "Lessee" identified therein shall mean and refer to Assignee from and after the date of recording of this document. 3. Counterparts. This Memorandum may be executed in one or more counterparts, each of which shall be deemed an original, but all which together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Maritimo Marketing Americas, Inc. Page 2 IN WITNESS WHEREOF, the duly authorized representatives of Assignor, Asignee and City have executed this Memorandum effective as of the_f -day of ani �— , 202 1 "Assignor" Seacoast of Channel Islands, LLC, a California limited liability company By: Ro ahm Manager 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 Calif rnia County of ra- Iss. On before me, 1135t 0LA4 ,a- (Qo.ro"s , Notary Public, person Ily appeared b ahn, , who proved to me on the basis of sa isfactory 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. Signalftee + SAMANTHA M. MAROIS Notary Public • Cilitornia + Ventura County Commission a 2299341 My Comm. Expires May 20, 2023 (seal) Maritinio Marketing Americas, Inc. Page 3 "Assignee" Maritimo Marketing Americas, Inc., a rlorida profit corporation 0 David G., Northr Chief Executive 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. t9a Nt itis r �V vlt,� �,�Vt4C V .j On before me, , 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 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 tru"nd correct. WITNESS my hand and official seal. Signature (seal) Maritimo Marketing Americas, Inc. Page 4 FLORIDA NOTARY ACKNOWLEDGEMENT (CORPORATION) STATE OF FLORIDA COUNTYOF The foregoing instrument was acknowledged before me by means of C®' physical presence ❑ online notarization, this dZ-qday of , 20 7-1, by of u it hwp Okuk►" a Florida profit corporation, on behalf of the corporation He she i ersonally known to me r has produced W as identification. Si e o otary Public tle *'-e k MA- r' Z Print, Ty e or Stamp ame of Notary (Seal) JEFFREYL,NYKERK MY COMMISSION # GG 933093 l5&v EXPIRIES: November 19, 2023 ''%.�Ff��`•• BondW It" Notary PL'WIC UWW i'6id APPROVED AS TO FORM: CITY ATTORNEY'S OFFIC Date: 2 aron C. Harp City Attorney ATTEST: Date: 5 ' q.,Z V0�, 0�.. �12AZINLeilani 1. BrownCity Clerk «CitY„ CITY OF NEWPORT BEACH, a California municipal corporation Date: S - Ll - Zk Gr . Leung Ci Manager 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 0AAt- I(0E } ss. On NA `E L4, 2A 2 I before me, J ENNIFeQ 14\3N MVLVE-i , Notary Public, personally appeared 6914LIC K. LC -u M(,., , who proved to me on the basis of satisfactory evidence to be the person(6�whose name(s) is/are subscribed to the within instrument and acknowledged to me that he%he/they executed the same in 4Wher/t4eir authorized capacity0"), and that by has/ er/thek signatures(s)-on the instrument the person(.0, 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. WITNESS my hand and official seal. Signatu Jennifer Ann Mulvey �:� COMM #2214138 n LU ' i Notary Public -California m ORANGE COUNTY My Commission Expires Oct.12, 2021 (seal) Maritimo Marketing Americas, Inc. Page 5 Document -2849900 -Page -1 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111111011111111111111111111111111111111111111111111111111111156.00 $ R 0 0 0 9 0 8 1 8 8 2$ 2017000075939 4:11 pm 02122117 - 217405 M11 FI3 10 0.00 0.00 0.00 20.00 27.00 0.00 0.00 0.00 [Exempt from Rewrdedon Fee - GoVL Code Sec 81031 MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated neeEma Q 1. 2016, and is made between the City of Newport Beach, a California municipal corporation and charter city ("City") and Seacoast of Channel Islands, LLC (doing business as Seacoast - Heritage), a Califomia limited liability company ('Tenant"), concerning the Property and Premises as legally described and depicted in Exhibit "1" attached hereto and by this reference made a part hereof. For good and adequate consideration, City leases the Premises to Tenant, and Tenant _leases the Premises from City, for the term and on the provisions contained in the Agreement dated December 1, 2016, including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City in each instance, all as more specifically set forth in said Agreement, which said Agreement is incorporated in this Memorandum by this reference. The term is five (5) years, beginning December 1, 2016, and ending December 1, 2021, and one (1) elective additional successive "Option Term" of five (5) years, on the same terms and conditions contained in the Agreement. This Memorandum is not a complete summary of the. Agreement. Provisions in this Memorandum shall not be used in interpreting the Agreement's provisions. In the event of conflict between this Memorandum and other parts of the Agreement, the other parts of the Agreement shall control. Execution hereof constitutes execution of the Agreement Itself. [SIGNATURES ON NEXT PAGE] Seacoast of Channel Islands, LLC (DBA Seacoast -Heritage) Page E-1 about:blank 02/22/2017 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code Sec. 6103] MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated pftfx�ee,ea 1, 2016, and is made between the City of Newport Beach, a California municipal corporation and charter city ("City") and Seacoast of Channel Islands, LLC (doing business as Seacoast - Heritage), a California limited liability company ("Tenant"), concerning the Property and Premises as legally described and depicted in Exhibit "'I" attached hereto and by this reference made a part hereof. For good and adequate consideration, City leases the Premises to Tenant, and Tenant leases the Premises from City, for the term and on the provisions contained in the Agreement dated December 1, 2016, including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City in each instance, all as more specifically set forth in said Agreement, which said Agreement is incorporated in this Memorandum by this reference. The term is five (5) years, beginning December 1, 2016, and ending December 1, 2021, and one (1) elective additional successive "Option Term" of five (5) years, on the same terms and conditions contained in the Agreement. This Memorandum is not a complete summary of the Agreement. Provisions in this Memorandum shall not be used in interpreting the Agreement's provisions. In the event of conflict between this Memorandum and other parts of the Agreement, the other parts of the Agreement shall control. Execution hereof constitutes execution of the Agreement itself. [SIGNATURES ON NEXT PAGE) Seacoast of Channel Islands, LLC (DBA Seacoast -Heritage) Page E-1 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum as of the date first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 12 /_zd/L.(- By: Aaron C. Harp 1zI(viiL, City Attorney ATTEST: Date: ;X By:IY V Leilani I. Brown ` City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By:C Dave Riff City Manager TENANT: SEACOAST OF CHANNEL ISLANDS, LLC (DBA SEACOAST - HERITAGE), a California limited liability company Date: d n I tz By: R ert Nahm Man ing Member [END OF SIGNATURES] ATTACHMENTS: Exhibit 1 — Legal Description and Depictions of Property and Premises Seacoast of Channel Islands, LLC (DBA Seacoast -Heritage) Page E-2 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 C ornla County t, .-I,, rri }ss. On w nLIA v -t k I"1 20 �'2before me, I'cc�YiZtn L. y-AVI�� Notary Public, per.& n�ally appeared' ppeared �t�k�ee r� f��ln v✓� who proved to me on the basis of satisfactT ory evidence to be the person(jo whose name(s) is/art subscribed to the within instrument and acknowledged to me that he/skit?/tkley executed the same in his/herftfjair authorized capacity(Liwr and that by his/het•/tl*r signatures(s� 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. PATRICIA LENVIK COMM. #2053098 z Notary Public - California o WIN hand an fficial seal. z Santa Barbara County Comm. Ex ices Dec. 23, 2017 Si nature (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 0RAtd(PC } ss. ` On . FE2.V 2 l .J bRV A 20 l't before me, FNNIfE1t JAt.*a Wy LVE'Y Notary Public, personally appeared DAVE V lFF proved to me on the basis of satisfactory evidence to be the person(•&) -whose name(s) is/are subscribed to the within instrument and acknowledged to me that helsheAt-lay executed the same in his/her/their authorized capacity(ies), and that by his/heFAheir signatures(s) on the instrument the person(s), 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. WITNEShand and official seal. Sign Lure --------------------- JENNIFER ANN MULVEY Commission # 2045022 9 ,.o Notary Public - California Z Orange County comm. gg I2 2017k Seacoast 201 Seacoast of Channel Islands, LLC (DBA Seacoast -Heritage) Page E-3 EXHIBIT 1 PROPERTY AND PREMISES DESCRIPTION AND DEPICTIONS A parcel of land situated in the Northwest quarter (NW 1/4) of Section Thirty Five (35), Township Six (6) South, Range Ten (10) West, S.B.B.& M., Orange County, California, more particularly described as follows, to -wit: Beginning at a point in the U.S. Bulkhead line between Station No. 200 and Station No. 101 as shown upon a map entitled "Harbor Lines, Newport Bay Harbor, California," approved May 2, 1936, by the Secretary of War, and on file in the office of the U.S. District Engineer at Los Angeles, California, said point of beginning being East 754.25 feet of said bulkhead Station No. 200, running thence North 424.71 feet to a point in the Northerly line of that certain parcel of land conveyed to City of Newport Beach by the Irvine Company, as described in a deed recorded September 25, 1929, in Book 306, Page 375, of official records of Orange County, California; thence South 850 43' East 772.15 feet to the Northeasterly corner of the last mentioned parcel of land; thence South along the Easterly line of the last mentioned parcel of land 367.01 feet to a point in said U.S. Bulkhead line between Station No. 200 and Station No. 101, thence West along said bulkhead line 770 feet to the point of beginning, containing approximately seven (7) acres. Seacoast of Channel Islands, LLC (DBA Seacoast -Heritage) Page E-4 EXHIBIT A-1 0 d0 p4� COgSJ N^ JAN JOAQUIN MrtlS Ro Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of GIS 0 Newport Beach and Its employees and agents disdaim any and all responsibility from or relating to riu P', any results obtained in Its use. 0 4,456 8,912 Imagery: 2009-2011 photos provided by Eagle J, ¢ Imaging .eagleaedal.com Feet 11/7/2013 EXHIBIT A-2 m Newport Beach O GIS pwPOR r 0 417 833 Feet Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and Its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Imagery: 2009-2D13 photos provided by Eagle Imaging w .eagleaerial.com EXHIBIT A-3 m,• Pr? ofjo � j ; •_, _� ,< 144 0 HARBOR ISLAND DR A i INDn-exclusive. non -designated Darkinp at the Property I Newport Beach O GIS Wv CS r Ri T 0 200 400 s Feet Sed 1, u 6 x A 1 3 �Iy n U 3 3 1) 11 0 4 6 J 3 1 I ] 4 F =J x: 1 ' y;pY (ROT;CFA) )ziolx ,r, liz Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained In its use. Imagery: 2009-2013 photos provided by Eagle Imaging www.eagleaedal.com Ic L Ju N IJ 11 > Q , r1 C5 J1 LL n u 3 i'R 1.1.E � x: -1•x vro H BEACON BAY tl 13J 11 ., u) 41 INDn-exclusive. non -designated Darkinp at the Property I Newport Beach O GIS Wv CS r Ri T 0 200 400 s Feet Sed 1, u 6 x A 1 3 �Iy n U 3 3 1) 11 0 4 6 J 3 1 I ] 4 F =J x: 1 ' y;pY (ROT;CFA) )ziolx ,r, liz Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained In its use. Imagery: 2009-2013 photos provided by Eagle Imaging www.eagleaedal.com EXHIBIT A-4 EXHIBIT A-5 EXHIBIT A-6 EP CEILING @ T-6" -------------- -------------- CEILING @ T-10" Office #3 SCALE: 1/2" = V-0" 10• s 01 _ _ 10• GRAPHIC SCALE RSF: 610 sf SHEET SIZE: 11x17 1614 829 Harbor Island Drive a Newport Beach, CA WorkSpacePlans kim@workspaceplans.00m jill@workspaceplans.com