HomeMy WebLinkAboutC-5567(E) - Newport Boulevard, 3300 - MOL 2016LU
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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:
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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:
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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;
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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;
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April 19, 2016
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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;
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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
<�
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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
//
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tih
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DETAIL "A"
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SHEET 2 OF 2
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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
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DETAIL "B"
SHEET 2 OF 2
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NOTE: SEE LINE AND CURVE TABLE ON
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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)