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HomeMy WebLinkAboutC-7409-6 - Beacon Bay, 2 - Lessor's Consent and Agreements 2003, 2001z City Manager's Office City of Newport Beach Recorded in Official Records, County of Orange P.O. Box 1768 Tom Daly, Clerk -Recorder Newport Beach, CA 92658-8915 11,11111l!V1111111111!'111111�1111111111111111111111111lilll !14.00 2003001191997 03'.23prr 09129103 117 92 Al2 5 0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00 /I THIS SPACE FOR RECORDER'S USE ONLY J LESSOR'S CONSENT AND AGREEMENT Loan No: 0078546694 Recitals Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from Washington Mutual Bank, FA ("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: 0078546694 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: Washington Mutual Bank, Collection Support MS: N010201, 9451 Corbin Ave., Northridge, CA 91324, 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. W X _00�xpll- Z__� Lessor 411 2 Loan No: 0078546694 liW-1y419l0N_\III IM61N►1/_1 COUNTY OF On — v before me, personally appeared personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he�she\they executed the same in his., her\their is/ er/their signature yon the instrument authorized capacity (1*1 and that by the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature Notary Public in and for the State of 3 CATHY FISHER Commission # 1341009 Z zNotary Public - California Z 0Orange My Comm. Fires Feb 21, 2006 EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Loan No. 0078546694 Unit No. 1. Borrower's (Lessee) Name: John and Jessie Eversoll, Trustees of the Eversoll Family Trust 2. Property Address: 2 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 Payments are current (circle either(Yes r No). 7 W $1,495.83 Deliver notices and payments to Lessor at: City Manager's Office, City of Newport Beach, P.O. Box 1768, Newport Beach, CA 92658-8915 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 ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Property Description The northwesterly 45.00 feet of Lot 2 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, together with Lot H and I and the southeasterly 10.00 feet of Lot 1 as all are shown on said map. 5 RECORDING REQUESTED BY UNITED TITLE COMPANY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY MANAGER'S OFFICE P.O. BOX 1768 `NEWPORT BEACH, CA 92658-8915 3D3o"l�oS 3� Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder 1i11 111111111111120.00 200300053616104.30pm 05!09103 103 91 C34 Al2 5 0.00 0.00 0.00 0 00 8.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY LESSOR'S CONSENT AND AGREEMENT Loan No.: 0079603379 Recitals Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from ❑ Washington Mutual Bank ❑ Washington Mutual Bank fsb ® Washington Mutual Bank, FA ("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 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 of 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. Page 1 of 4 32802 (REV 4-00) BEACON BAY Loan No. 0079603379 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: Washington Mutual Bank, Collection Support MS: N010201, 9451 Corbin Ave, Northridge, CA 91324, 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 Lease") with Lender as the lessee. The New Lease shall have a term equal to the remainder of the stated term of the Lease had it not been terminated prior to the end of 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 pursuing completion of the cure of all nonmonetary defaults of Lessee susceptible to cure by any party other than by the original Lessee. 5. This consent & agreement shall not operate to change or supercede the terms & conditions of the lease and in the event of a conflict, the terms of the lease shall prevail. LESSOR Page 2 of 4 32802 (REV 4-00) BEACON BAY Loan No. 0079603379 STATE OF vAWA I k ss. COUNTY OF0"V On iiy'N � n03 , before me, 4I( l I. ogwW , personally appeared UOMIOL I,- �W personally known to me (or proved to me on t e basis of satisfactory evidence) to be the person(,v4 vvrhose name( is re subscribed to 4within instrument and acknowledged to me that h she/they executed the( same in hi /her/their authorized capacity(i s) and that by is er/their signature() on the instrument the person( or the entity upon behalf of w Ich the person() acted, executed the instrument. WITNESS my hand and official seal. SignatureWAIM 6-1 Notary Public in and for the State of 0i� =LEI itI I. BROWN �taommission # 1336673 Z Notary Public - Califomia Orange County My Comm. Expires Jan 25, 2006 Page 3 of 4 32802 (REV 4-00) BEACON BAY EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Loan No. 0079603379 Unit No 1. Borrower's (Lessee) Name: John D. Eversoll and Jessie J. Eversoll, trustees of The Eversoll Family Trust dated 12/9/75. 2. Property Address: 2 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 I 7 Borrower (Lessee's) Current Monthly Lease Payment: Payments are current (circle eithe Yes r No). $1,495.83 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 31, 1994 Expires on July 1, 2044 If applicable: Pursuant to the Lease, Lessee has the right, at its option, to renew the teen of the Lease for N/A consecutive renewal terms of N/A years each. E 9 ORDER NO 30307605-35 EXHIBIT "A" 0 THE WESTERLY 45 FEET OF LOT 2, AND THE EASTERLY 10 FEET OF LOT 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN UPON A RECORD OF SURVEY MAP RECORDED IN BOOK 9 PAGES 42 AND 43 RECORD OF SURVEYS, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH CERTAIN PORTIONS OF ADJOINING LOTS I AND H AS SHOWN UPON SAID MAP AND AS DESCRIBED MORE FULLY IN SAID LEASE. ZC r+► RECORDING REQUESTED BY AND WHEN RECORDED MAIL T0: CITY MANAGER'S CITY OF NEWPORT P.O. BOX 1768 NEWPORT BEACH, OFFICE BEACH CA 92658-8915 YA THM SPACE ran RICOROKA'i H31 V ' � LESSOR'S CONSENT AND AGREEMENT i1 Loan No.: Recitals Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from ❑ Washington Mutual Bank Washington Mutual Bank fsb ❑ Washington Mutual Bank, FA ('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 Informatlon on Exhibit A ie 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 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 of notice, or both, would constitute a defauk 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 EXhlbit A. Lessor has no claims outstanding against Lessee in connection with the Property. Page 1 of 4 31M (%V &,§9)1LA=N SAY 7. '.a lll'�.'N 7F,bl-I�Q-hb/-;NVi4—AAO1 1Ca—a01 IA1W7A:ll Inn7'AC '110 Loan No. 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 s intent to termiles of nate the Leaseany cor sent to Lessee pertaining to Lessees default or Lessor' 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 CorbinnAve,ng d Northridge, 913241 Bank, Collection Support MS: N010201, 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 wrltten request by Lender to Lessor made within sixty (60) days after such termination, enter into a new lease Mew Lease') with Lender as the lessee. The New Lease shall have a term equal to the remainder of the stated term of the Lease had it not been terminated prior to the and of its stated term. The New w Le s which ase shall have the same covenants, conditions and agreements (except for any eq 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 ntly monetary defaults under the cure ll nonmonet se arid has cured ry defaults of Lessee d and is susceptible usceptible'taecure pursuing completion of the cu by any parry other than by the original Lessee. 5. This consent & agreement shall not operate to change or supercede the terms & conditions of the lease and in the event of conflict, the ter of the lease shall prevail. Lessor Page 2of4 51102 (RFV x.00) DMAW" 9AY d LI i VON 66�L-LH-06-�Nf I H MOHSS3 3H1 060:11 1006 '0 '100 i Loan No. STATE OF c� f� ss. COUNTY OF VrU� tfv v beforRR e me, J �� , person ilyPappeared ,personally own to me 113111 to be the persoM4w ose name is re subscribed to within instrument and acknowledged to m hat he she/they executed the same in his her/their authorized capacltyl�) and behalf aof hif w chethee1r sip ri on(�Q acted, ed, X on texecuted the t e person or the entity p instrument. CATHY FISHER Commission # 1174329 Z Notary Public - CORMIO Zy Z Orange County MyComm. bp1res feb21, 2M2 WITNESS my hand and official seal. Slgnslure Notary Public in and for the ate of cz Page 3 of 4 aZlm =-,tet araCW hAv 'd LLi8 'ON 601-L88-W-Q1]MOd0S3 3H1 AVU: l l 1002 '08 '100 EXHI6IT A - To LESSOR'S CONSENT AND AGREEMENT IS Loan No. % Unit No. Borrower's (Lessee) Name: 2, Property Address: 31 Property's Legal Description (if a metes & bounds attach legal): 4, Developer/Condo Homeowners Assoc. (Lessor) Name'. U� 5. Lease (including all amendments and dates); 0 6, Borrower (Lessee's) Current Monthly Lease Payment: $ / 5 Payments are current (circle either Yes or No). L — Deliver notices and payments to Lessor at: Terra of Lease: Years; Commenced on�_ expires on If applicable: Pursuaint to the Lease, Lessee has the right, at its opt to renew the term of the years each. Lease for--Wconsecutive renewal terms of Page 4 of 4 i -au tKy 1-0010FACQN My 'd L lS 'ON Z6tl—LH-6t6—MI MOUS3 Di 060:l[ lOR 'OS 'M I EXHIBIT "A" DER NO.: 9124207.12 THE WESTERLY 45 FEET OF LOT 2, AND THE EASTERLY 10 FEET OF LOT 1, AS SHOWN UPON A RECORD OF SURVEY MAP RECORDED IN BOOK 9, PAGES 42 AND 43 RECORD OF SURVEYS, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH CERTAIN PORTIONS OF ADJOINING LOTS I AND H AS SHOWN UPON SAID MAP AND AS DESCRIBED MORE FULLY IN SAID LEASE. u LLIE'ON Z6tiL-LSE-6ti6-W�1� MO��S3 3H1 Wb o: k lON 'oPix I. 2. 3. r-I)ER NO.: 0124207.14 SCHEDULE A THE ESTATE OR INTEREST IN THE (AND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: A LEASEHOLD AS CREATED BY THAT CERTAIN LEASE DATED JUNE 31, 1994, EXECUTED BY THE CITY OF NEWPORT BEACH, A CHARTERED MUNICIPAL CORPORATION, AS LESSOR AND JOHN D. EVERSOLL AND JESSIE J. EVERSOLL, TRUSTEES OF THE EVERSOLL FAMILY TRUST DATED 12-9-75, AS LESSEE, AS REFERENCED IN THE DOCUMENT ENTITLED 'MEMORANDUM OF LEASE,' WHICH WAS RECORDED DECEMBER 7, 1994 AS INSTRUMENT NO. 94-0701519, OFFICIAL RECORDS, FOR THE TERM AND UPON AND SUBJECT TO ALL THE PROVISIONS CONTAINED IN SAID DOCUMENT, AND IN SAID LEASE. THE LAND REFERRED TO IN THIS REPORT IS sITUATED IN THE STATE OF CALIFORNIA, COUNTY OF AN E, CITY OF NEWPORT GIACH, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT 'A" ATTACHED HERETO AND MADE A PART HEREOF. 7 'd L198 'ON 66�t—L88-6ti6—Wd—MOUS3-3H1 TOTAL P-02 AdD:z 1001, 'AON