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HomeMy WebLinkAboutC-7064-4 - East Bay Avenue, 600 - Memorandum of Assignment of Lease and Amendment to Lease MemorandumFidelity National Title Company RECORDING REQUESTED BY: Fidelity National Title WHEN RECORDED RETURN TO: Discovery Science Center of Orange Cou 2500 N. Main Street Santa Ana, CA 92705 WITH A COPY TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder jj I] jj jj III I I I I II I I I I [f I jj 30.00 *$ R 0 0 0 9 2 4 5 4 6 1$ 20170001802018:00 am 05/04/17 47 NC -5 M 10 A17 F14 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 [SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY] MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM (600 East Bay Avenue, Newport Beach, CA) THIS MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM ("Memorandum") is made and executed in connection with that certain Assignment and Assumption Agreement dated as of -z4 u Iq_ ("Assignment"), by and between NHNM PROPERTY HOLDINGS, LLC, a California limited liability company, as "Assignor," DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California nonprofit public benefit corporation, as "Assignee," and the CITY OF NEWPORT BEACH ("City"). RECITALS A. Assignor and City are parties to: (i) that certain Lease Agreement (With Option for Renewal) dated March 1, 2013, respecting the Tidelands located generally at 600 East Bay Avenue in Newport Beach, California ("Lease"). B. To provide public notice of the Lease, Assignor and City are parties to that certain Memorandum of Lease Agreement (With Option for Renewal) dated March 1, 2013 and recorded in the Official Records of Orange County, California ("Official Records") on March 21, 2016 as Instrument No. 2016000116050 ("Memo"). C. In connection with merger of Assignor and Assignee on or about July 6, 2016, Assignee is the surviving corporation of the merger, and as the sole corporate member of Assignor, Assignee is the owner of the real property located at 600 East Bay RECORDING REQUESTED BY: Fidelity National Title WHEN RECORDED RETURN TO: Discovery Science Center of Orange County. 2500 N. Main Street Santa Ana, CA 92705 WITH A COPY TO.- City O: City of Newport Beach City Clerk's Office 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 [SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY] MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM (600 East Bay Avenue, Newport Beach, CA) THIS MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM ("Memorandum") is made and executed in connection with that certain Assignment and Assumption Agreement dated as of ,f, ZEE `Z�I ("Assignment"), by and between NHNM PROPERTY HOLDINGS, LL , a California limited liability company, as "Assignor," DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California nonprofit public benefit corporation, as "Assignee," and the CITY OF NEWPORT BEACH ("City"). RECITALS A. Assignor and City are parties to: (i) that certain Lease Agreement (With Option for Renewal) dated March 1, 2013, respecting the Tidelands located generally at 600 East Bay Avenue in Newport Beach, California ("Lease"). B. To provide public notice of the Lease, Assignor and City are parties to that certain Memorandum of Lease Agreement (With Option for Renewal) dated March 1, 2013 and recorded in the Official Records of Orange County, California ("Official Records") on March 21, 2016 as Instrument No. 2016000116050 ("Memo"). C. In connection with merger of Assignor and Assignee on or about July 6, 2016, Assignee is the surviving corporation of the merger, and as the sole corporate member of Assignor, Assignee is the owner of the real property located at 600 East Bay Avenue, Newport Beach, California, and with the consent of the City, Assignor and Assignee executed and delivered the 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. !AGREEMENTS NOW, THEREFORE, in order to memorialize and give notice of the execution of the Assignment, the parties acknowledge and agree as follows: 1. Purpose of Memorandum. This Memorandum is being recorded to place the 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 Lease shall prevail. 2. Amendment of Lease Memo. The Memo is amended such that the "Lessee" identified therein shall mean and refer to Assignee from and after 3. Counterparts, This Memorandum may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one in the same instrument. [SIGNATURES ON FOLLOWING PAGE] 2 IN WITNESS WHEREOF, the duly authorized representatives of Assignor, Assignee and City have executed this Memorandum effective as of the Iii day of April 2017. "Assignor" NHNM PROPERTY HOLDINGS, LLC, a California limited liability company By: DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California nonprofit public benefit corporation, its sole member and 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 C�),yQ�-Ana g_ ss. On Z.y 20 '1, " I before me, C-> w� r Notary Public, personally appeared lb9a who proved to me on the basis of li4ttisfactorylevidence to be the person(,si) whose name re subscribed to the within instrument and acknowledged to me that c' sUe/thy executed the same in hi tier/their authorized capacity(ies), and that by herlfWr signatures^w on the instrument the person(g), or the entity upon behalf of which the personw 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 an , official seal. �r Signature 3 C.M. JORDAN 4 COMMISSION # 2092434 3 E � � �. Notary Public - California 7 ORANGE COUNTY My Comm Expires Dec 23. 2016 (seal) "Assignee" DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California nonprofit public benefit corporation 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 On .9 ray Q 7 �} . 20—k n before me, Notary Public, personally appeared L�lou► ���� ,�, , who proved to me on the basis of sati ctory evidence to be the person(g) whose nam* ar-e subscribed to the within instrument and acknowledged to me thatgPahe/grey executed the same in (R er/their authorized capacity(ted), and that by0i er,/their signatures(9) 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. �-�•o. �...._ _ _ WITNESS my hand nd official seal. Signature 4 C . JORDAN COMMISSION # 2092434 C i s Notary Public - California 3 ORANGE COUNTY My Comm. Expires Oec 23. 2018 (seal) ATTEST: Lel ani I. Brown City Clerk APPROV AS TO FORM: Aaron C. Harp^' City Attorney "City" City of Newport Beach, a California municipal corporation and charter city By: Dave K' City 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 rJr") C }ss. On 1 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persono whose name) is/�de subscribed to the within instrument and acknowledged to me that he/s#e/tf� y executed the same in his/h�rlt it authorized capacity(s), and that by his/f &/tf 6ir signatureon the instr tent the person), or the e tity 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. Oign re ✓ y JENNIFER LEE NELSON Commission # 2096990 Notary Public - California a Riverside County Mv w Comm, Expires Jan 13, 2019 sea