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HomeMy WebLinkAboutC-5567(E) - Newport Boulevard, 3300 - MOL 2016LU v � ' .9 r „ RECORDING REQUESTEb BY V AND WhIEN,RF_CO�DED,WAIL TO: City of Newport.Beach 100 Civic Center Drive Newport Beach, CA 926.6.0 Attn: City Clerk Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IP � � H1IIIIIIIIII 111111111111111111111 1 11 1111 NO FEE *$ R 0 0 0 8 3 4 6 3 1 7$* 2016000195999 1:22 pm 05/03116 105 415 M11 13 0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00 Exempt from recording fees pursuant to Govt. Code section 27383 Assessor's Parcel Number: 423-111-02 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MEMORANDUM OF GROUND LEASE This Memorandum of Ground Lease ("Memorandum") is entered into and is effective as of MAI 3 , 2016 (the "Commencement Date"), by and between the CITY OF NEWPO T BEACH, a charter city and California municipal corporation ("Lessor"), and LIDO HOUSE, LLC a California limited liability company ("Lessee"). RECITALS A. Lessor and Lessee have entered into that certain Ground Lease ("Lease") dated as of September 9, 2014, relating to certain real property located in the City of Newport Beach, County of Orange, State of California. B. On May 3, 2016, Lessor and Olson Real Estate Group, Inc., a California corporation doing business as R.D. Olson Development entered into the First Amendment to the Lease, which, among other things, provided an updated description and depiction of the real property under lease described more particularly on Attachment No. 1 hereto and by this reference made a part hereof ("Premises"). C. On May 3, 2016, R.D. Olson Development assigned its interest in the Lease to Lido House, LLC pursuant to Lease Section 11.1.2. D. Lessor and Lessee desire to execute this Memorandum for recordation in the real property records of the County of Orange in order to memorialize the existence of the Lease and the occurrence of the Commencement Date thereof. NOW, THEREFORE, with reference to the foregoing recital, Lessor and Lessee agree as follows: 1. Lease of Premises. Lessor hereby leases the Premises to Lessee and Lessee hereby hires the Premises from Lessor on the terms and conditions set forth in the Lease. 2. Term. The initial term of the Lease shall be for a period of fifty-five (55) years commencing upon the Commencement Date, unless sooner terminated pursuant to the provisions of the Lease. Lessee has an option to extend the initial term of the Lease for an additional thirty (30) years, subject to the provisions set forth in the Lease. 3. Incorporation of Lease. This instrument is a memorandum of the Lease and is subject to all of the terms and conditions of the Lease. The terms of the Lease shall prevail if there is any inconsistency between the terms of this Memorandum and the terms of the Lease. [End — signature page follows] IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum as of the date first set forth above. APPROVE AS TO FORM: Aaron C. Harp, City Attorney uMor��l►u City of Newport Beach ATTEST: a#a - . brMJ4,�� Leilani I. Brown, City erk v h SIL► FOa� LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation and charter city By: (��' 6R77� Dbde B. Dixon, Mayor LESSEE: LIDO HOUSE, LLC, a California limited /liability company By: 4,7z -.- Olson Real Estate Group, Inc. A California corporation, its Manager Robert D. Olson, President Attachments: Attachment No. I CALIFORNIA• • •D CS S.a�S_.�5� _a��C.s�•,cat�C� .� _.�S S�S�t�S..�t�S�S�S�S�S�S�t S_.�S S�S�S SSC t S S S t S�S�t�S C�S��t�S�C.. 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 D12VA t,_ C c ) On m ►�4-1 3, _2 o ►L_c before me, ,, ENNIFCP IANN MULVE.-f , N UTPP--1 PUl$LI ( Date Here Insert Name and Title of the Officer personally appeared P-0bI&yZr MfAN�S r) O f`� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)—whose name(&) is/ire subscribed to the within instrument and acknowledged to me that he/s� executed the same in his/hw4he4r authorized capacity(ies), and that by his eir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. JENNIFER ANN MULVEY Commission # 2045022 Z0Orange Notary Public - California Z County My Comm. Expires Ort 12, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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: L] Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4•:ti4'✓4•✓ •✓.'.ri•.v.'er4'-✓ ✓.�4�:4�6C✓4� V4'ei �.'✓4C✓ '✓6�4�4�✓4•✓ �Gv4�✓.4'✓4�4'�4'✓4'✓.�✓..'✓y�✓4v 4�✓4�4�✓.4'-✓4�.�✓ �.�'✓.4'✓4'✓�• CALIFORNIA• • OD C. 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 _OLP 1`IC--)E ) On YYl 31201QP before me,JENN(Fc..2 ANN rnU(_esley,r\)z)-PqC-1 _P08UC Date Here Insert Name and Title of the Officer personally appeared t>1 PN E l>RcO V S Ici I Xo 1,j Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(* is/are subscribed to the within instrument and acknowledged to me that he/she/tlgey executed the same in N&4her/their authorized capacity(ias), and that by hisAher/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 California that the foregoing paragraph is true and correct. WITNESS my ha d official seal. JENNIFER ANN MULVEY Commission # 2045022 Z .�� Notary Public - California i Signature Z Orange County ' ign re of Not ry Public M Comm. Expires Oct 12, 2017 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 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: —'.'�.fr.'✓v.'•✓✓'�'✓'✓.'•✓'i'.•r;'•�/••✓'.'yG�S�✓5��:'✓/'.•i6'•✓6'•✓'6'•✓5e/.V.C✓.�✓'✓.',v.'y.�✓/.�y.4�✓,/"✓5'✓i,�,�✓,.�'✓,.v/.�'✓.:'•✓4�✓:v.�✓.�6�'✓.:'✓'•✓:' 02014 National Notary Association - www. National Notary.org - 1 -800-US NOTARY (1 -800-876-6827) Item#5907 ATTACHMENT NO. 1 DESCRIPTION AND DEPICTION OF PREMISES EXHIBIT A-1 LEGAL DESCRIPTION "LEASE PARCEL" THAT PORTION OF LOTS 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOT 1 IN BLOCK "A" AND "THE HUDSON" OF MAP OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS AND THAT PORTION OF A 20.00 FOOT ALLEY, AS VACATED BY THAT CERTAIN RESOLUTION NO. 3280 OF THE CITY COUNCIL OF SAID CITY, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS, ALL OF RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3, THENCE ALONG THE WESTERLY LINE OF SAID LOT 3, NORTH 00°09'03" EAST 128.00 FEET TO THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "N89°15'30"E 90.00 FEET" ON THE SOUTHERLY BOUNDARY OF PARCEL 1 OF PARCEL MAP RECORDED IN BOOK 85, PAGES 1 AND 2 OF PARCEL MAPS, RECORDS OF SAID COUNTY AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, THE FOLLOWING FOUR (4) COURSES: (1) NORTH 00°09'03" EAST 53.55 FEET, (2) NORTH 39°53'38" WEST 108.61 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 351.15 FEET, (3) NORTHWESTERLY 306.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°58'10" AND (4) NORTH 89°51'48" WEST 97.67 FEET TO THE MOST NORTHEASTERLY CORNER THAT CERTAIN IRREVOCABLE OFFER OF DEDICATION TO THE CITY OF NEWPORT BEACH RECORDED SEPTEMBER 18, 2014 AS INSTRUMENT NO. 2014000378678, OF OFFICIAL RECORDS OF SAID COUNTY; 10F4 April 19, 2016 M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx THENCE ALONG THE EASTERLY LINE OF SAID IRREVOCABLE OFFER OF DEDICATION THE FOLLOWING TWO (2) COURSES: (1) SOUTH 00°26'22" WEST 47.25 FEET, (2) NORTH 88°31'14" WEST 8.13 FEET TO AN ANGLE POINT THEREIN; THENCE LEAVING SAID EASTERLY LINE SOUTH 01°27'07" WEST 12.14 FEET; THENCE SOUTH 49°26'59" WEST 22.96 FEET TO A POINT IS SAID EASTERLY LINE, SAID POINT BEING ON A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2724.04 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 82°33'58" WEST; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING SEVEN (7) COURSES: (1) SOUTHERLY 89.31 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°52'43" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 58.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 84°26'40" EAST, (2) SOUTHERLY 13.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°35'10", (3) SOUTH 19°08'30" WEST 36.43 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 42.00 FEET, (4) SOUTHERLY 10.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°50'20" TO THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 2736.04 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 85°41'50" WEST, (5) SOUTHERLY 62.82 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°18'56" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 873.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 87°00'46" EAST, (6) SOUTHERLY 74.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°53'58" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 37.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 82°06'48" WEST, (7) SOUTHERLY 9.24 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°18'33" TO AN ANGLE POINT IN SAID EASTERLY LINE; 2 OF4 April 19, 2016 M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx THENCE CONTINUING ALONG SAID EASTERLY LINE AND THE SOUTHERLY PROLONGATION THEREOF, NON TANGENT TO SAID CURVE, SOUTH 39°29'57" EAST 40.40 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 37.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 17°24'48" WEST; THENCE EASTERLY 9.24 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°18'32"; THENCE SOUTH 86°53'44" EAST 46.04 FEET; THENCE NORTH 26°56'46" WEST 20.77 FEET; THENCE SOUTH 86°56'46" EAST 180.71 FEET; THENCE SOUTH 26°56'46" EAST 21.18 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 8.50 FEET; THENCE SOUTHEASTERLY AND EASTERLY 9.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62°55'02"; THENCE SOUTH 89°51'48" EAST 118.46 FEET TO THE BEGINNING OF A • CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 700.00 FEET; THENCE EASTERLY 57.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°43'26"; THENCE NORTH 38°56'26" EAST 12.78 FEET; THENCE NORTH 82°44'09" EAST 9.41 FEET; THENCE SOUTH 07°15'51" EAST 5.48 FEET; THENCE NORTH 84°41'29" EAST 41.64 FEET; THENCE NORTH 00°00'01" WEST 5.47 FEET; 3OF4 April 19, 2016 M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx THENCE NORTH 89°59'59" EAST 5.25 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 87°05'54" EAST; THENCE NORTHWESTERLY 27.22 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°29'36" TO A POINT OF NON -TANGENCY, A RADIAL LINE TO SAID POINT BEARS NORTH 60°24'30" EAST; THENCE NORTH 00°43'30" EAST 29.78 FEET; THENCE SOUTH 89°58'22" EAST 9.24 FEET; THENCE NORTH 00°00'08" EAST 81.62 FEET TO SAID SOUTHERLY BOUNDARY OF PARCEL 1; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 89°50'57" WEST 12.85 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 171,504 SQUARE FEET, 3.972 ACRES MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO CONVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. toti- DATED THIS IPt DAY OF KURT R. TROXELL, L.S. 7854 PA t..- , 2016 40F4 April 19, 2016 M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx <� <<> f>> S'LY LINE PARCEL 1 P.M.B. 85/1 JV1,J\11, 366 T.P.0.B, 0 N ALLEY VACATED PER BK. 1400, PG. 189, O.R. REC. 3-11-46 S'LY LINE PARCEL 1 P.M.B. 85/1 // / tih SEE DETAIL "A" m' SHEET 2 OF 2 z ' c1 co VIA OPORTO TRACT NO, 1>17 —1 /SEE / DETAIL "C" / 4.8/ SHEET 2 OF 2 119 LJ7 • 20 L1 128.00' N00'09'03"E .55' POC,- -- S'WLY COR. SO4'35'14 E (R) LOT 3, TR NO. 1117, __ J M.M. 35/48 E'LY LINE IRREVOCABLE 0 DEDICATION TO THE CITY BEACH, FOR STREET AND PURPOSES, INST NO. 201 C2 C3 NEWPORT BOULEVARD C4 FFER OF OF NEWPORT HIGHWAY 4000378678, O.R. CO w td- to �• / 1 / SEE DETAIL "B" SHEET 2 OF 2 C5 NOTE: SEE LINE AND CURVE TABLE ON L11 U 0 0 w od co7. co N oo C8 0 0 Q tn Lx 1� 0 0. a zz -1 M f L11 •1 M.M. 5/14 SHEET 3 OF 3 H W W H co -0 c CV FUSCOE ENGINEERING 16795 Von Korman, Suite 100, Irvine, California 92606 tel 949.474.1960 o fax 949.474.5315 o www.fuscoe.com EXHIBIT 'A-2' SKETCH TO ACCOMPANY LEGAL DESCRIPTION LEASE PARCEL LIDO HOUSE HOTEL NEWPORT BEACH, CA DATE: March 28, 2016 SCALE: 1"=80' JN: 1100.004.01 DRAWN BY: RJL CHECKED BY: JLU SHEET 1 OF 3 M:\MAPPING\1100\04\LEGALS\LEASE\1100-004 LEASE BNDRY.DWG (04-18-16) \ r:`o o' o \ / L18 \ 1- z\. N. y \ -.... --- i L17 ‘\ L2 L3 L4 1 128.00' I 1--- N00'09'03"E 181.55' \ \ <s I F--- P.O.C. \ \ SWLY COR. LOT 3, TR NO. 1117, / \\ M.M. 35/48 OFFER OF DEDICATION, / \ INST. NO. 2014000378689, O.R. / \ / DETAIL "A" SCALE: 1"=30 \ \ CO CO 317Z4 48„ S8314'39"W (R) N82'06'48"W IPRC� rr I I C61 i DETAIL "B" SCALE: 1 "=40' / N87'05'54"E (IRI\ N. / N60'24'30"E (131�I 1 ‘ \ / \ -L19 � 1 L16\ r DETAIL "C" SCALE: 1 ""=40' / i,,FUSCOE ENGINEER ING 16795 Von Korman, Suite 100, Irvine, California 92606 tel 949.474.1960 o fox 949.474.5315 o www.fuscoe.com EXHIBIT 'A-2' SKETCH TO ACCOMPANY LEGAL DESCRIPTION LEASE PARCEL LIDO HOUSE HOTEL NEWPORT BEACH, CA DATE: August 29, 2014 SCALE: 1 "=80' JN: 1100.004.01 DRAWN BY: RJL CHECKED BY: JLU SHEET 2 OF 3 M;\ MAPPING \1100\04\LEGALS\LEASE\1100-004 LEASE BNDRY.DWG (04-18-16) LINE TABLE LINE BEARING LENGTH L1 NO0'09'03"E 53.55' L2 S00'26'22"W 47.25' L3 N89'33'38"W 8.13' L4 S01'27'07"W 12.14' L5 S49'26'59"W 22.96' L6 S19'08'30"W 36.43' L7 S39'29'57"E 40.40' L8 S86'53'44"E 46.04' L9 N26'56'46"W 20.77' L10 S26'56'46"E 21.18' L11 N38'56'26"E 12.78' LINE TABLE LINE BEARING LENGTH L12 N82'44'09"E 9,41' L13 S07'15'51"E 5.48' L14 N84'41'29"E 41.64' L15 NO0'00'01"W 5.47' L16 N89'59'59"E 5.25' L17 NO0'43'30"E 29.78' L18 S89'58'22"E 9.24' L19 NO0'00'08"E 81.62' L20 N89'50'57"W 12.85' CURVE TABLE CURVE DELTA RADIUS LENGTH C1 1'52'43" 2724.04' 89.31' C2 13'35'10" 58.00' 13.75' C3 14'50'20" 42, 00' 10.88' C4 1'18'56" 2736.04' 62.82' C5 4'53'58" 873.00' 74.65' C6 14'18'33" 37.00' 9.24' C7 14'18'32" 37.00' 9.24' C8 62'55'02" 8.50' 9.33' C9 4'43'26" 700.00' 57.71' C10 32'29'36" 48.00' 27.22' ;;;;,-= FUSCOE ENGINEER 16795 Von Karmon, Suite 100, Irvine, California 92606 lel 949.474.1960 o fax 949.474.5315 " www.fuscoe.com EXHIBIT 'A-2' SKETCH TO ACCOMPANY LEGAL DESCRIPTION LEASE PARCEL LIDO HOUSE HOTEL NEWPORT BEACH, CA DATE: August 29, 2014 SCALE: 1 "=80' JN: 1100.004.01 DRAWN BY: RJL CHECKED BY: JLU SHEET 3 OF 3 M:\MAPPING\1100\04\LEGALS\LEASE\1100-004 LEASE BNDRY.DWG (04-18-16)