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Home My WebLink AboutC-7251-11 - Beacon Bay, 11 - Lessor's Consent and Agreement 2001Recording Requested by and When Recorded Mail To: U.S. Trust Company, N.A. 600 Anton Blvd. Suite 150 Costa Mesa, CA 92626 U S.TRUST LESSOR'S CONSENT AND AGREEMENT Recitals BRAD L. BALEN, CFP VICE PRESIDENT U.S. TRUST COMPANY, N.A. 600 ANTON BOULEVARD SUITE 150 COSTA MESA, CA 92626-7147 714 438-3626 • 800 499-3900 FAX: 714 708-3477 E-MAIL: bbalen@ustrustxom Loan No.: 92000011300/00001 93000011510/70005 Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from U.S. Trust Company, N.A. ("Lender") to be secured by leased property, as such property is more particularly described in Exhibit B ("Property"). Lessee currently holds or will acquire upon consummation of the pending transaction, a leasehold interest under the lease described in Exhibit A ("Lease") in which the undersigned ("Lessor") is the lessor. Agreement 1. The information on Exhibit A is incorporated herein by reference. 2. The Property is subject to the Lease described in Exhibit A. The lease documents described in Exhibit A constitute the entire agreement of Lessee and Lessor regarding the Property. The Lease is in full force and effect and unmodified. All rents and other charges due have been paid, there are no defaults and the Lease is in good standing. Lessor has no knowledge of any facts which now or after the passage of time or the giving of notice, or both, would constitute a default under the Lease. The payments required under the Lese are set forth in Exhibit A. Payments and notices to Lessor are deliverable as set forth in Exhibit A. Lessor has no claims outstanding against Lessee in connection with the Property. Page 1 of 4 Loan No.: 92000011300/00001 93000011510/70005 3. Lessor consents to the granting of a security interest in Lessee's interest in the Lease to Lender. Lessor agrees to send concurrently to Lender copies of any notices sent to Lessee pertaining to Lessee's default or Lessor's intent to terminate the Lease or any part thereof by certified U.S. mail. No modification or termination of the Lease agreed upon by Lessee should be effective without the express written consent of Lender. Notice will be provided to Lender by certified mail at the following address: U.S. Trust Company, N.A., 515 South Flower Street, 28`h Floor, Los Angeles, CA 90071; referencing the Loan Number set forth on Exhibit A or at such other address given to the undersigned by Lender, at the same time as the notices are sent to Lessee. 4. Should the Lease be terminated for any reason prior to expiration of its stated term, Lessor shall, upon written request by Lender to Lessor made within sixty (60) days after such termination, enter into a new lease ("New Lease") with Lender as the lessee. The New Lease shall have a term equal to the remainder of the stated term of the Lease had it not been terminated prior to the end of its stated term. The New Lease shall have the same covenants, conditions and agreements (except for any requirements which have been satisfied by Lessee prior to termination) as are contained in the Lease. Lessor shall be required to enter into the New Lease only if Lender has remedied and cured all monetary defaults under the Lease and has cured or has commenced and is diligently pursuing completion of the cure of all nonmonetary defaults of Lessee susceptible to cure by any party other than by the original Lessee. 5. This consent and agreement shall not operate to change or supersede the terms and conditions of the lease and in the event of a conflict; the terms of the lease shall prevail. City of Newport Beach (Lessor) By: . Authorized Signature Name: Page 2 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDaU19MT State of California County of OMMc/ ss. On�er�e►mb�r I7, � Qlbefore me, [e1 k ✓1 I V. j oes ivrO pl/11o�1 G Date Name and Title of Officer (e.g., ' ane Doe, Nota Public') Personally appeared V1'1fX �. 7) avj -- .personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(' whose name(, &are subscribed to the with' instrument and t acknowledged to me at�she/they executed the same in i/her/theiruthorized capacity(, and that by O§her/their signatureW on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my `h/and and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL 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 II�,,, r Title or Type of Document: WoSOd S nkmi v Document Date: Oyjc Number of Pages: Signer(s) Other Than Named Above: '" /r Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _•• - �� o �u,v nve., mu. eox z4w - cnateworth, CA 91313.2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-878-8827 LEiLANI V. IVES Comms:on T 1170960 Na' ry Fuolic - CaGfarnia VO; a^ o Co my iras Jan 25, 2002 .personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(' whose name(, &are subscribed to the with' instrument and t acknowledged to me at�she/they executed the same in i/her/theiruthorized capacity(, and that by O§her/their signatureW on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my `h/and and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL 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 II�,,, r Title or Type of Document: WoSOd S nkmi v Document Date: Oyjc Number of Pages: Signer(s) Other Than Named Above: '" /r Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _•• - �� o �u,v nve., mu. eox z4w - cnateworth, CA 91313.2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-878-8827 EXHIBIT A — TO LESSOR'S CONSENT AND AGREEMENT Loan No.: 92000011300/00001 93000011510/70005 1. Borrower's (Leasee) Name: David L. Roberson and Linda L. Roberson, as Trustees of the D/L Roberson Family Trust dated 10/28/93 2. Property Address: 11 Beacon Bay, Newport Beach, CA 92660 3. Property's Legal Description : See attached Exhibit B for legal description 4. Developer/Condo Homeowners Assoc. (Lessor) Name: Beacon Bay Community Association 5. Lease (including all amendments and dates): Dated May 22, 1996 between David L. Roberson and Linda L. Roberson, as Trustees of the D/L Roberson Family Trust dated 10/28/93 (lessee) and City of Newport Beach (lessor) for 11 Beacon Bay 6. Borrower Lessee's) Current Monthly Lease Payment: $2,395.83. Payments are current (Circl Yes or No). 7. Deliver notices and payments to Lessor at: City Manager's Office, City of Newport Beach, Post Office Box 1768, Newport Beach, Ca 92658-8915 8. Term of Lease: 50 Years; commenced on June 6, 1996 and expires on July 1, 2044 If applicable: Pursuant to the Lease, Lessee has the right, at its option, to renew the term of the Lease for N/A consecutive renewal terms of N/A years each. Page 3 of 4 EXHIBIT B THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, DESCRIBED AS FOLLOWS: LOT 11 IN THE CITY OF NEWPORT BEACH, COUNTY OF .ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGES 42 AND 43 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS ON LOTS "1" AND "H" AS SHOWN ON SAID MAP WHICH ARE DESCRIBED IN THE LEASE DATED JANUARY 21, 1940 AND RECORDED FEBRUARY 69 1940, IN BOOK 1033, PAGE 33 OF OFFICIAL RECORDS AS FOLLOWS: "AS AN APPURTENANCE TO LOT 11, LESSOR ALSO LEASES TO LESSEE A PORTION OF LOT "1" DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "1" FRONTING LOT 11 AND EXTENDING SOUTHWARD 28 FEET TO U.S. BULKHEAD LINE AND CONTAINING 1140 SQUARE FEET MORE OR LESS, A FURTHER APPURTENANCE TO LOT 11, LESSOR ALSO LEASES LESSEE A PORTION OF LOT "H" DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" FRONTIN LOT 11 AND EXTENDING NORTHWARD 32 FEET AND CONTAINING 1280 SQUARE FEET MORE OR LESS. 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