HomeMy WebLinkAboutC-7266-5 - Beacon Bay, 19 - Lessor's Consent and Agreement 2008 & 2003'RECORDING REQUESTED BY
LAWYERS TITLE
City Manager's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
is Document"s electronically recorded by
Law Title Company B
corded in Official Records, Orange County
m Daly, Clerk -Recorder
I[IIIIIIIIIIII IIII111111111111111111111 1111111111111 18.00
2008000359579 04:30pm 07/28/08
392A125
l0 0.00 0.00 0.00 12.00 0.00 0.00 0.00
II THIS SPACE FOR RECORDER'S USE ONLY
LESSOR'S CONSENT AND AGREEMENT
Y Loan No: 1775264185
Recitals
Borrower, referred to in this Agreement as "Lessee" and as more
particularly described in Exhibit A, has applied for a loan from Union Bank of
California, NA ("Lender) to be secured by leased property, as such property is
more particularly described in Exhibit A ("Property"). Lessee currently holds or
c 1 will acquire upon consummation of the pending transaction, a leasehold interest
`V under the lease described in Exhibit A ("Lease") in which the undersigned
t� ("Lessor") is the lessor.
Agreement
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: 1775264185
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: Union Bank of California, NA, 3151
East Imperial Hwy., Brea, CA 92821, 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.
Homer Bludau, CIK Manager
Lessor
2
ALL-PURPOSECALIFORNIA •
:.�N„�N=iN=Y✓Of;%7�SG'•�t/��:>Y7�< � ✓:�v:�r�t�Tvc]�$� �� �/'>.�/%>.+'�.'%>4'..�.<�.=»��iC:%7.✓%��L.'\c/=�<!s'\vri:� ..rte. fir/=�il7a • :..�'.\L� ��G:� �%1
State of California
County of
0 before me, t-1u� Aly f-rl6r) i4e7em �i2,
x[y P U
Dat Hare Insert Nemo and T,lle f the 01flcer
personally appearedj:kYLeL8&-JJ6,qL,1
Nem l Stgn
who proved to me on the basis of satisfactory evidence to
be the person whose name is4'q subscribed to the
within instrument and acknowledged to me that
he/'W/t%executed the same in his/V`APK.authorized
4WgsHk� 952capacit), and that by his/Fy�i HKsignatureWon the
CWV0h* 11 instrument the person or the entity upon behalf of
NotaY °yam
L1'0O�which the person_ d, executed the instrument.
my 6Xpkq&Mar6,2 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Signa re
WITNESS m han d offic I seal.
Place Notary Seal Above lura of Notary Aublic
QPTMA
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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer --- Title(s):
I'llelm ❑ Partner --❑ Limited ❑ Genera! _ AR• ❑ Attorney in Fact • -
Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
!G�!G\�i G�r1<\:J, R�!G�G`:GC�.G�:LC✓_.L�✓.G�L�J,L�.':L\�C�G�G�G`:GAG\•J,L\✓1:G�;/GIUG�%G�✓.G�✓,G�G�✓•L�✓.C�.G�_✓,G�'✓,G��'/,G�!G�%G��'/. G�✓.L�G\;!G�✓. ti✓GV^�
EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Loan No. 1775264185
Unit No.
1. Borrower's (Lessee) Name: Sheryl Gerrie
2. Property Address: 19 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): Dated June 30, 1994, between
The City of Newport Beach and Sheryl S. Genie TTEE FBO Wallace & Sheryl
Gerrie Family Trust UTAID7/1/82
6. Borrower (Lessee's) Current Monthly Lease Payment $1,625.00
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 6/30/94;
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.
4
+ r
r M •
ATTACHMENT TO EXHIBIT A -- LESSOR'S CONSENT AND AGREEMENT
Property Description
Lot 19 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.
s
RECORDING REQ1kfs
rVi
FIRST AMERICAN " nLE %SI�RA�l�.' COMc�A�^ �•
` Recorded in Official Records, County of Orange
City Managers Office Tom paiy, Clerk -Recorder
City of Newport Beach 14 .00
P.O. Box 1768 20Q3001135326 04OM 09116103
Newport Beach, CA 92658-8915 jig 92 C34 5
0.00 0.00 0.00
0.00 0.00 0.00 8.00
THIS SPACE FOR RECORDER'S USE ONLY
ECOPY
LESSOR'S CONSENT AND AGREEMENT
Recitals
Loan No: 1195012180
Borrower, referred to in this Agreement as "Lessee" and as more
particularly described in Exhibit A, has applied for a loan from Union Bank of
California, N.A. ("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
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: 1195012180
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: Union Bank of California,8155 Mercury
Court, San Diego, CA 92111, 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.
Lessor
2
STATE OF CALIFORNIA
COUNTY OF OPAGI'
•
Loan No: 1195012180
On a. �i 2003 before me, � + �� personally appeared
MDA L. �a11i , personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that hhshelthey
executed the same in (hiserltheir authorized capacity (i), and that by
(9/her/their signatureKon the instrument the person or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
LEILANI 1. BROWN
Commission # 1338873 z
z -r' Notary Public- Caiffomia
Orange County
My Comm. emirs` JaA 25, 2006
Signature4.4401 (lam
Notary Public in and for the State of
3
EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Loan No. 1195012180
Unit No.
1. Borrower's (Lessee) Name: Sheryl S. Gerrie
2. Property Address: 19 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: $1,625.00
Payments are current (circle eithe 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 June 30, 1994;
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.
4
1 i �
ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Property Description
Lot 19 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.