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
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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
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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
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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
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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
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Loan No.
STATE OF c�
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COUNTY OF VrU�
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v beforRR e me,
J �� , person ilyPappeared
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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
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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
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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
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