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
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47 NC -5 M 10 A17 F14 5
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[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