HomeMy WebLinkAboutC-7260-9 - Beacon Bay, 14 - Lessor's Consent and Agreement 2002 & 2006This Document as electronically recorded by
i'REF1�;tFd%I!uC; pf:( ULA �U I Zang hecording Services B
'-ff7S i- AMr"Pr AN TITLE COWIANY
City Manager's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Recording Requested by
Zang Recording Services on
Behalf of: _� A
R corded in Official Records, Orange County
T m Daly, Clerk -Recorder
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THIS SPACE FOR RECORDER'S USE ONLY
LESSOR'S CONSENT AND AGREEMENT
Recitals
Loan No: 246290837
Borrower, referred to in this Agreement as "Lessee" and as more
particularly described in Exhibit A, has applied for a loan from PFF Bank and
Trust ("Lender) to be secured by leased property, as such property is more
particularly described in Exhibit A ("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
other 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 notice, or both,
would constitute a default under the Lease. The payments required under the
Lease 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.
Loan No: 246290837
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 shall be effective
without the express written consent of Lender. Notice will be provided to Lender
by certified mail at the following address: PFF Bank and Trust, 9467 S. Milliken
Ave., Rancho Cucamonga, CA 91729, 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
Lessee") with Lender as the Lessee. The New Lease shall have a term equal to
the remainder to the stated term of the Lease has it not been terminated prior to
the end 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 pursing completion of the cure of all non -monetary defaults of
Lessee susceptible to sure any party other than by the original Lessee.
5. This consent and agreement shall not operate to change or
supercede the terms & conditions of the lease in the event of a conflict, the terms
of the lease shall prevail.
e
Ho er ludau, City Manager
Lessor
061
Loan No: 246290837
STATE OF CALIFORNIA
COUNTY OF nm�C%/, &
OniIV VI — I *b' before me, ) 1. �i? A/� jo -, ��I�&( i
personally appeared VMI NR�J r personally known to me
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he\s4&W3..,--* executed the same in hisk4air
authorized capacity.(i , and that by his/heather signature(s.) on the instrument
the person or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
Notary Public in and for the State of �� I il(VY1R
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LIE AM I. BROVM
Commission N 1633477
Notary Public - co"fornla
Orange County
My Comm. Expkw Jan 25,201
3
ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Property Description
Lot 14 as shown on the map filed in Book 9, Pages 42 and 43 of Record of
Surveys in the Office of the County Recorder, County of Orange, State of
California.
5
EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Loan No. 246290837
Unit No
1. Borrower's (Lessee) Name: David L. Arnold and Grace E. Arnold
2. Property Address: 14 Beacon Bay, Newport Beach, CA 92660
3. Property's Legal Description (if a metes & bounds attach legal): See Attached
4. Developer/Condo Homeowners Assoc. (Lessor) Name: Beacon Bay
5. Lease (including all amendments and dates): See Attached
6. Borrower (Lessee's) Current Monthly Lease Payment $5,104.17
Payments are current (circle either Yes r No).
7. Deliver notices and payments to Lessor at: City Manager's Office, City of Newport
Beach, P.O. Box 1768, Newport Beach, CA 92658-8915
8. Term of Lease: 50 Years; commenced on September 18, 2000;
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.
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(714)542-3424
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PENALTY OF PERJURY AFFIDAVIT
(GOVERNMENT CODE 27361.7)
I Certify under the penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
Name of the Notary: ` - l�i 1 V-O-rn;N V -Y
Date Commission expires: I I , I
County Where Bond is Filed:
State of CALIFORNIA
Commission Number: 1<jf 77 Vendor #: �t>
I certify under penalty and the laws of the State of California that the illegible portion
of this document to which this statement is attached reads as follows:
Place of Execution
Signature:
Garden Grove
Zang Recording Services, Inc.
Date: k<D( qc%(z�
Newno
RECORDING REQUESTED BY- .
FIRST SOUTHWESTERN TITLE COMPANY
City Manager's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
1230
This Document -,3s electronically recorded by
Firs iuthWestern Title
Recorded in Official Records,County of Orange
Darlene Bloom, Interim Clerk -Recorder
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20020495585 08:00am 06/13/02
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THIS SPACE FOR RECORDER'S USE ONLY
LESSOR'S CONSENT AND AGREEMENT
Loan No: 0907320-6
This Lessor's Consent and Agreement is dated as of June 3, 2002.
Recitals
Borrower, referred to in this Agreement as "Lessee" and as more
particularly described in Exhibit A, has applied for a loan (the "Loan") from
Hawthorne Savings, F.S.B., a federal savings bank ("Lender) to be secured by
leased property, as such property is more particularly described in Exhibit A
("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. As of June 3, 2002, the lease is in
full force and effect and unmodified. All rents and other charges due have been
paid, and there are no other defaults and the Lease is in good standing as of
June 3, 2002. Lessor has no knowledge of any facts, which now or after the
passage of time or the giving notice, or both, would constitute a default under the
Lease. The payments required under the Lease 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.
L:Spcprov\Transpc\Residential Lending\Lessor's Consent Agreement. (City of Newport Beach & Arnold). 060302.doc
Loan No: 0907320-6
3. Lessor consents to the Loan and 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 in
accordance with the terms of the Lease. No modification or termination of the
Lease agreed upon by Lessee shall be effective without the express written
consent of Lender. Notice will be provided to Lender by certified mail at the
following address: Hawthorne Savings, F.S.B, 2381 Rosecrans Avenue, EI
Segundo, CA 90245, 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
Lessee") with Lender as the Lessee. The New Lease shall have a term equal to
the remainder to the stated term of the Lease has it not been terminated prior to
the end 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 pursing completion of the cure of all non -monetary defaults of
Lessee susceptible to cure any party other than by the original Lessee.
5. Lessor agrees that all the provisions set forth in Paragraph 5 of the
Lease shall apply to Lender.
6. This consent and agreement shall not operate to change or
supercede the terms & conditions of the IeaseAin the event of a conflict)the terms
of the lease shall prevail. and
7. Lessor has executed this Lessor's Consent and Agreement for the
benefit and protection of Lender with full knowledge that Lender is relying on this
Lessor's Consent and Agreement.
"Lessor"
City of Newport Beach,
a chartere unicipal corpration
Name: ---Sharon- Wand -------
Title: City Manager (Acting)
L:Spcprov\Transpc\Residential Lending\Lessor's Consent Agreement. (City of Newport Beach & Arnold). 060302.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �.J
(\� To,%,M, ss.
�J�t•�
On � ��� � ,before me, %1 �� r 0"
Date Name aLd Title of Officer (e.g., "Jane Doe, Notary Pu lic")
personally appeared
CATHY FISHER
LIPCommission # 1341 oog
Notary Public - Cafffomia z
Orange County
Myr
Fjinn Feb 21, 2006
Place Notary Seal Above
Name(s) of Signer(s)
Xpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(K whose name(V(9/are
subscribed to the within instrument and
acknowledged to me tha,Lbe/(q/they executed
the same in his e /their au razed
capacity(i, and that by his e their
signature(14 on the instrument the person(, or
the entity upon behalf of which the person
acted, executed the instrument.
fITNJ,S my hand an official seal.
Sign ture 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 q� p_,,
Title or Type of Document: 2.5,3il t ) �Shl �^'� 1 " ►YC r ttn-X
Document Date: 1/i y �� Number of Pages:
Signer(s) Other Than Named Above: �, ��'�- " 9 c) r7.3 �-0
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited []General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Loan No. 0907320-6
Unit No.
1. Borrower's (Lessee) Name: David L. Arnold and Grace E. Arnold
2. Property Address: 14 BEACON BAY, NEWPORT BEACH, CA 92660
3. Property's Legal Description (if a metes & bounds attach legal):
SEE ATTACHED
4. Developer/Condo Homeowners Assoc. (Lessor) Name:
BEACON BAY
5. Lease (including all amendments and dates):
SEE ATTACHED
6. Borrower (Lessee's) Current Monthly Lease Payment: $ 5,104.17
Payments are current (circle either Yes or No).
7. Deliver notices and payments to Lessor at: CITY MANAGER'S OFFICE,
CITY OF NEWPORT BEACH, P.O. BOX 1768, NEWPORT BEACH, CA
92658-8915
8. Term of Lease: 50 Years; commenced on September 18, 2000
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 NSA consecutive renewal terms of N/A years each.
L:Spcprov\Transpc\Residential Lend ing\Lessor's Consent Agreement. (City of Newport Beach & Arnold). 060302.doc
ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Property Description
Lot 14 as shown on the map filed in Book 9, Pages 42 and 43 of Record of
Surveys in the Office of the County Recorder, County of Orange, State of
California.