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HomeMy WebLinkAboutC-7352-15 - Beacon Bay, Lot A (Harbor Island Road, 115) Lessor's Consent and Agreement 2003City Manager's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 THIS SPACE FOR RECORDER'S USE ONLY LESSOR'S CONSENT AND AGREEMENT Loan No: 06014126 Recitals Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from First Pacific Financial, Inc. ("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. 1 Loan No: 06014126 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: First Pacific Financial, Inc. at 4 Hutton Centre Drive, Ste. 500, Santa Ana, CA 92707-8710, 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 7 Loan No: 06014126 STATE OF CALIFORNIA COUNTY OF (1� C"�W� >� On � 11)Q;, 2), before me, fJksk6--"') AW , personally appeared personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that(Ze he\they executed the same in his (1 her\their authorized capacity s), and that by his her/their signature(17,11- von the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Sig natur Notary Public in and for the State of 3 CATHY FISHER Commission* 1341009 Z z Notary Public - California > Orange County v My Comm. Expires Feb 21, 2006 EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Loan No. 06014126 Unit No. 1. Borrower's (Lessee) Name: Joel H. Manchester and Colleen B. Manchester 2. Property Address: 115 Harbor Island Road, also known as Lot A, 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): Attached. 6. Borrower (Lessee's) Current Monthly Lease Payment: $3,541.67 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. Tern of Lease: 50 Years; commenced on January 9, 1996; 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 terns of N/A years each. 4 ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Property Description Lot A 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. t EXHIBIT B Beacon Bay Lot A described as follows: Lot A as shown on the map filed in Book 13, Page 42 Record of Surveys, in the Office of the County Recorder, County of Orange, State of California. EXHIBIT B