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HomeMy WebLinkAboutC-6208(A) - Beacon Bay, 49 - MOL 2015RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIS III j III 11�11 111Jj III J�J111111111'111111111111111 111 NO FEE *$ R 0 0 1 1 8 5 1 2 6 7$* 20200003435612:02 pm 07117120 66 414A M 11 9 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383] MEMORANDUM OF LEASE THIS DOCUMENT IS RE-RECORDED TO CORRECT THE STATE IN WHICH THE LESSEE j WAS FORMED. C�CiJMt lAtlt C®U6ero W10 -1- pkev/oos RaopuvJ4 fog PECCPDING P,F00f. D B' EIRSiR ArLIP COMPANY [7NISI'J Recording Requested By and When Recorded Return City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk Kecoraea in urticlai Kecoras, orange county Hugh Nguyen,'' rk-Recorder 1E lh11111 11 11 1 11 11 l *$ R 0 0 0 7 b 2 1 7 1 2$ 2015000321790 4:23 pm 06119/15 156 403 M11 507 797.50 797.50 0.00 0.00 12.00 0.00 0.00 0.00 (Exempt From Recording Fees Pursuant to Government Code § 27383) n.-5-6 I 111 1 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MEMORANDUM OF LEASE 15� � THIS MEMORANDUM OF LEASE is made and entered into between the City of Newport Beach, a California municipal corporation and charter city ("Lessor") and 49 Beacon Bay, LLC, a cdlffrTM limited liability company ("Lessee"). •T&xA�, Lessor hereby leases to Lessee that real property located in the City of Newport Beach, County of Orange, California, described In Exhibit "1" attached hereto ("Property"). The term of the Lease is fifty (50) years, commencing June, 2015 and ending June 11 , 2065. This Memorandum of Lease is subject to the terms, conditions and provisions of an unrecorded Lease between the parties dated June _a_, 2015, which is Incorporated herein by reference. Unless extended by a recorded amendment or supplement hereto, this Memorandum of Lease will automatically terminate as of June 2065. [SIGNATURES ON NEXT PAGE] M11 RECORDING REQUETTI) By FIRS R66it`Ok D VISI )NpA NY Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk (Exempt From Recording Fees Pursuant to Government Code § 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) I l -,-�5 MEMORANDUM OF LEASE 1 THIS MEMORANDUM OF LEASE is made and entered into between the City of Newport Beach, a California municipal corporation and charter city ("Lessor") and 49 Beacon Bay, LLC, a GaUfoq a limited liability company ("Lessee"). Lessor hereby leases to Lessee that real property located in the City of Newport Beach, County of Orange, California, described in Exhibit "1" attached hereto ("Property"). The term of the Lease is fifty (50) years, commencing June2015 and ending June Ili 2065. This Memorandum of Lease is subject to the terms, conditions and provisions of an unrecorded Lease between the parties dated June_, 2015, which is incorporated herein by reference. Unless extended by a recorded amendment or supplement hereto, this Memorandum of Lease will automatically terminate as of June 1 2065. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the Parties have caused this Memorandum of Lease to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: V / S- By:-_ Aaron Harp City Attorney ATTEST: / I Date:_ _ �! By: yoC Leilani I. Brown City Clerk ►„a, U t %L"�'ORN1P CITY OF NEWPORT BEACH, a California municipal corporation 5 Date._.___.._.._ ....._:..1_. L..._!_.......__._._.._.. By. eot3 David Kiff City Manager 2 LESSEE Date: By: Kelvin . Davis, 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 Texas County of Tarrant ) On May 20, 2015 before me, Jonie M. Coleman, Notary Public (insert name and title of the officer) personally appeared Kelvin L. Davis who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Texas that the foregoing paragraph is true and correct. %%11111111 WITNESS my hand and official seal. Signature C1 (Seal) 2-20N..�`�\. CALIFORNIA• • •CODE § 1189 1.e_a�C,at _ems sa sa _sa¢YiC_� s.._. ..... Cs�._c�c_a�C�.•_•-�CC_s�..•r•-�rCN.a�C_s�N..��. •.•C_a�. ^�•..�%.�._s�.•.. 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 0 lQ_ ON VE ) On Vjt,3�t-_ 0 > 2O t �S before me, Date Here Insert Name and Title of the Officer personally appeared U49 VC, V k FF Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose names) is/are subscribed to the within instrument and acknowledged to me that he/sfa&A4@y executed the same in his/her4their authorized capacity(ies), and that by his/beW41;4@4 signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. JENNIFER ANN MULVEY Commission # 2045022 z Notary Public - California z i Orange County M Comm. Expires Oct 12, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hcVd and official seal. Si Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited Cl General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 6�4�G✓.'tr •.•ri,��.v �� v:'.fr ' .y '✓�G�'-�.:'rr�6'.v •.•r5'✓6�✓.'.��..C✓G'r� er •�••✓.'.ri.�✓.'�4�✓'.�-�.:'✓:�:'-.•r. ✓.'✓i.�%.�:�✓L'✓:�L�✓, v.V.� ' National02014 • . • •www.NationalNotary.org i(1-800-876-6827) • LESSOR City of Newport Beach, a California municipal corporation Gr e .Leung Ci y anager ATTEST: A y�Leilani I. Brown City Clerk APPROVED AS TO A n C. Harp Ci Attorney RM: LESSEE 49 Beacon Bay, LLC, a Texas limited liability company Kelvin L. Davis Manager -2- 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 C44fer-ftia`r.ew5 County of On is , 20 before me, Notary Public, personally appeared Vp Rrin L-, �)M/ t,5 who proved to me on the basis of satisfactory evidence to be the person fps-) whose names) is/ape subscribed to the within instrument and acknowledged to me that he/sb¢/they executed the same in his/fteiftiq'i-r authorized capacity(ip4), and that by his/lam&/tib.& signatures(s) on the instrument the person($), or the entity upon behalf of which the person(' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of G 4orab that the foregoing paragraph is true and correct. 1Z(,5 SS m hand and official se ..��.r..r% y JONIE M. COLEMAN :` 1PPY PVe'�' Notary Public, State of Texas Comm. Expires 07-22-2022 '.,fill Notary ID 124571392 Si nature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 02 ?-A(PE } ss. On . f u ME .30 , 2020 before me, j&NN1 frfZ INN MyLV E i Notary Public, personally appeared GRALE V— F „1�.jy proved to me on the basis of satisfactory evidence to be the person(&) whose name(4 is/are subscribed to the within instrument and acknowledged to me that hs/,she/they executed the same in his/her/99eir authorized capacity(ies), and that by his/her/tlteir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1Jennifer Ann Mulvey WITNESS y hand and official seal. COMM #2214138 n w Notary Public - California m - ORANGE COUNTY A /\ - My Commission Expires Oct. 12,2021 (seal) EXHIBIT "1" LEGAL DESCRIPTION „OF,THE PROPERTY That certain real property located in the City of Newport Beach, County of Orange, California, described as follows: Lot 49 as shown on the map filed in Book 9, Pages 42 and 43 of Record of Surveys in the Office of the County Recorder, County of Orange, State of California. Kecoraea In urticiai Kecoras, orange county Hugh Nguyen, I- rk-Recorder jr--� r, II I I II � ��I� II II I I I II I III I I I I II 18.�} FIASCO ,� iNG`PF9'0TED181 '� �— J j' 1! )' *$ R 0 0 0 7 6 2 1 7 1 2$ R^y� N1N Ip!JISIO� �� ✓✓ 2015000321790 4:23 pm 06119115 7015 JuL , 8 F� _ # 156 403 M11 507 07 797.50 797.50 0.00 0.00 12.00 0.00 0.00 0.00 Recording Requested By and When Recorded Return City of Newport Beach 100 Civic Center Drive P.O. Box 1768 �1 Newport Beach, California 92658-8915 v Attn: City Clerk (Exempt From Recording Fees Pursuant to Government Code § 27383) n.3— (SPACE ABOVE THIS LINE FOR RECORDER'S USE) I MEMORANDUM OF LEASE'�s�'} THIS MEMORANDUM OF LEASE is made and entered into between the City of Newport Beach, a California municipal corporation and charter city ("Lessor") and 49 Beacon Bay, LLC, a California limited liability company ("Lessee"). Lessor hereby leases to Lessee that real property located in the City of Newport Beach, County of Orange, California, described In Exhibit "1" attached hereto ("Property"). The term of the Lease is fifty (50) years, commencing June_, 2015 and ending June _n_, 2065. This Memorandum. of Lease is subject to the terms, conditions and provisions of an unrecorded tease between the parties dated June _a_, 2015, which is Incorporated herein by reference. Unless extended by a recorded amendment or supplement hereto, this Memorandum of Lease will automatically terminate as of June 2065. [SIGNATURES ON NEXT PAGE] RECORDING REQUESTED BY EIRS'ANY RESIDENTiAL DIVISION P Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk (Exempt From Recording Fees Pursuant to Government Code § 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MEMORANDUM OF LEASE 1 THIS MEMORANDUM OF LEASE is made and entered into between the City of Newport Beach, a California municipal corporation and charter city ("Lessor") and 49 Beacon Bay, LLC, a California limited liability company ("Lessee"). Lessor hereby leases to Lessee that real property located in the City of Newport Beach, County of Orange, California, described in Exhibit "1" attached hereto ("Property"). The term of the Lease is fifty (50) years, commencing June_, 2015 and ending June U 2065. This Memorandum of Lease is subject to the terms, conditions and provisions of an unrecorded Lease between the parties dated June_, 2015, which is incorporated herein by reference. Unless extended by a recorded amendment or supplement hereto, this Memorandum of Lease will automatically terminate as of June 11 , 2065. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the Parties have caused this Memorandum of Lease to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: �lq/IS By:_ -16VJ& Aaron Harp City Attorney ATTEST: / f Date: 1� I By: lNO�e Leilani I. Brown City Clerk (�j ° oRNXP' CITY OF NEWPORT BEACH, a California municipal corporation Date: By: �- N ---I 3 David Kiff Cit Manager LESSEE Date: By: Kelvin Davis, Manager 2 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 Texas County of Tarrant On May 20, 2015 before me, Jonie M. Coleman, Notary Public (insert name and title of the officer) personally appeared Kelvin L. Davis who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Texas that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature co NN ` �O ,.�P(ty..pU64 wP + r�IFO+.•' (Seal) FxaiREs• 1.2 2 220 CALIFORNIA• • OD 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 GIZ1�N�E On _ \UNv \� ,Z0I 5 before me, i e`i� GR—FiNiy VV1y�VC`/ tNOTAr=`1 Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose names) is/are subscribed to the within instrument and acknowledged to me that he/shoA4ey executed the same in his/haa4hair authorized capacity(ies), and that by his/heF4eix signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. JENNIFER ANN MULVEY commission # 204 0022 z a -r' Notary Public - California z Z Orange County My Comm, Expires Oct 12, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hapd and official seal. Sig Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact El Trustee ❑Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited Cl General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L '�': ✓4�.4'.v 'd.'.rr:'✓ •v�Gri.�.S��4�✓.'•✓ti4'✓� ✓G✓ •✓.•✓4� '�.�4���.�✓.�L��.:'✓,•✓ v.�✓.�.V.C✓.�✓.�5'✓4�:�✓:�'✓•.�'✓..'✓6�.' EXHIBIT 1" LEGAL DESCRIPTION OF THE PROPERTY That certain real property located in the City of Newport Beach, County of Orange, California, described as follows: Lot 49 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. N