Loading...
HomeMy WebLinkAboutC-7139-2 - Beacon Bay, 37 - Lessor's Consent and Agreement 2018RECORDING REQUESTED BY: American First Credit Union WHEN RECORDED RETURN TO: American First Credit Union 6 Pointe Drive, Suite 400 Brea, CA 92821 Attn: Paula Ginter WITH A COPY TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 [SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY] Loan No: 1000236998 LESSOR'S CONSENT AND AGREEMENT THIS LESSOR'S CONSENT AND AGREEMENT ("Lessor's Consent") is given this day of May 2018, by the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City" and "Lessor"), and acknowledged and agreed to by Eric and Evelyn Lowey, Trustees of the Lowey Trust dated 05/16/1996 ("Borrower" and "Lessee"), on the terms and conditions outlined below. RECITALS A. On February 8, 2013, the City entered into that certain Lease Agreement ("Lease") with Eric and Evelyn Lowey, Trustees of the Lowey Trust dated 05/16/1996, as Lessee, concerning certain real property located generally at 37 Beacon Bay in the City of Newport Beach, California ("Property"), as evidenced by a Memorandum of Lease recorded on February 13, 2013, as Instrument No. 2013000090575 in the Official Records of Orange County, California. B. Borrower, referred to in this Lessor's Consent and as more particularly described in Exhibit A, has applied for a loan from American First Credit Union ("Lender") to be secured by the leased Property, as such Property is more particularly described in Exhibit A. Page 1 Loan No: 1000236998 CONSENT & AGREEMENT NOW, THEREFORE, the City does hereby consent to the assignment of Lessee's interest in and to the Lease to Lender under a Leasehold Deed of Trust, subject to the following: 1. The Property is subject to the Lease described above and in "Exhibit A", attached hereto. 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. 2. Lessee has satisfied the provisions of Section 7 of the Lease, and Lessee confirms that it will ensure Lender contemporaneously provides Lessor with any notices of default and notices of foreclosure Lender sends to Lessee as a result of Lender allowing Lessee to use Lessee's interest in the Property as collateral for the refinancing obligations contemplated herein. 3. Lessee acknowledges that any leasehold mortgage now or hereafter placed on Lessee's interest in the Property shall be subject and subordinate to any limitations in the Tidelands Grants, Lessor's interest in the Tidelands, the Lease, and any mortgage now in existence on the leasehold estate. Lessee shall not use, encumber or transfer this Lease or the Property as security or collateral for any action unless directly related to the permitted uses allowed by the Lease. 4. Lessee acknowledges this Lessor's Consent and the provisions of Section 7 of the Lease do not give any entity the right to mortgage, hypothecate, cause a transfer of, or otherwise encumber or cause any liens to be placed against the Lessor's ownership interest in the Property and trustee of the tidelands, nor shall anything in this Lessor's Consent or the Lease be construed as resulting in a subordination in whole or in part of Lessor's interests. 5. 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: American First Credit Union, 6 Pointe Drive, Suite 400, Brea, California 92821, 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. 37 Beacon Bay Page 2 Loan No: 1000236998 6. Should Lessee be in default of the Lease, the Lease shall continue upon satisfaction of the terms, conditions, requirements, and procedures set forth in Section 7 of the Lease. 7. This consent and agreement shall not operate to change or supersede the terms and conditions of the Lease in the event of a conflict, the terms of the Lease shall prevail. [SIGNATURES ON FOLLOWING PAGE] 37 Beacon Bay Page 3 Loan No: 1000236998 IN WITNESS WHEREOF, the duly authorized representatives of Lessee and City have executed this Lessor's Consent effective as of the day of , 2018. "Lessee" By: L�� _ . Eric Lowey Trustee of the Lowey Trust dated 05/16/1996 By: Evelyn Low Trustee of the Lowey Trust dated 05/16/1996 ACKNOWLEDGMENT 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 012"GE }ss. On M Al -1 , 20 I before me, 5Es51 c s Kn1-+i­iLl tic (012D a uD Notary Public, personally appeared M1(- LbwC-y froh qyE"N l,ow 64 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 h Signatu and official seal. E• ,_°. ryF^ JESSICA KATHERINE ORA Notary Public -California Z i �. = •Y c Orange County D Commission a 2232549 My Comm. Expires Mar 24, 2022 (seal) 37 Beacon Bay Page 4 ATTS: i j L(Ellani 1. Brown City Clerk AP VED AS TO FORM: n C. Harp City Attor�ley� Loan No: 1000236998 "C ity" City of Newport Beach, a California municipal corporation and charter city By: Dave Kiff City Manager 6:9Foa"i ACKNOWLEDGMENT 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 ORIARUE } SS. On IM iA Y %1 2018 before me, Ire NNIFe%Z ANN rv\y%-ys-1 Notary Public, personally appeared DAV E V�%FF who proved to me on the basis of satisfactory evidence to be the persons whose name q) is/afe subscribed to the within instrument and acknowledged to me that he/&hefthey executed the same in hisA4efi4ha r authorized capacity(ie*, and that by his/he theivr signatures(e) on the instrument the persor4&), or the entity upon behalf of which the person48) 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. WITNESSVand and official seal. Signature Jennifer nn Mulvey COMM #2214138 m ry LU NotaPublic California z ORANGE COUNTY My Commission ExpiresOct.12,1021 (seal) 37 Beacon Bay Page 5 Loan No -.1000236998 EXHIBIT "A" LESSOR'S CONSENT AND AGREEMENT 1. Borrower's (Lessee) Name: Eric and Evelyn Lowey, Trustees of the Lowey Trust dated 05/16/1996 2. Property Address: 37 Beacon Bay, Newport Beach, California 92660 3. Property Description: See Attachment 1 — Property Description 4. Lease (including all amendments and dates): See Attachment 2 - Memorandum of Lease 5 C 7 Borrower (Lessee's) Current Monthly Lease Payment: $ 3,841.31 Payments are current (Yes or No): Yes Through: March 31, 2018 Deliver notices and payments to Lessor at: City of Newport Beach Attn: Real Property Administrator 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Term of Lease: Fifty (50) years Expires on: February 8, 2063 Options: None 37 Beacon Bay Page A-1 Loan No: 1000236998 EXHIBIT A "ATTACHMENT 1" Property Description Lot 37 as shown on the map filed in Book 9, Pages 42 and 43, Record of Surveys in the Office of the County Recorder, County of Orange, State of California. APN: 988-893-39 Address: 37 Beacon Bay, Newport Beach, California 92660 37 Beacon Bay Page A-2 Loan No: 1000236998 EXHIBIT A "ATTACHMENT 2" Memorandum of Lease 37 Beacon Bay Page A-3 F�EOUESTED BY Recording Requested By and When Recorded Return To: City of Newport Beach 3300 Newport Beach Blvd. P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk -Recorder IIIII I I Illlll III Illli II II IIIII II II IIIII IIIII Illl IIII II II I II I !IIII NO FEE *$ R 0 0 0 5 5 9 3 1 0 4$ 201300009057512:20 pm 02113/13 117 4021VH I 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 (Exempt From Recording Fees Pursuant to Government Code § 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) DT -T.-# 1,8$1.OD MEMORANDUM OF LEASE THIS LEASE is made and entered into between the City of Newport Beach, a California municipal corporation and charter city ("Lessor") and Eric and Evelyn Lowey, Trustees of the Lowey Trust dated 05/16/1996 ("Lessee"). Lessor hereby leases to Lessee that real property located in the City of Newport Beach, County of Orange, California, described in Exhibit "1" attached hereto ("Property"). The term of the Lease is fifty (50) years, commencing February �, 2013 and ending February ?, 2063. This Lease is subject to the terms, conditions and provisions of an unrecorded lease between the parties dated February B , 2013, which is incorporated herein by reference. Unless extended by a recorded amendment or supplement hereto, this Memorandum of Lease will automatically terminate as of February 8 , 2013. [SIGNATURES ON NEXT PAGE] Recording Requested By and When Recorded Return To: City of Newport Beach 3300 Newport Beach Blvd, P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk (Exempt From Recording Fees Pursuant to Government Code § 27383) 75 CI ,C (SPACE ABOVE THIS LINE FOR RECORDER'S USE) D'i T Isis I u7 MEMORANDUM OF LEASE THIS LEASE is made and entered into between the City of Newport Beach, a California municipal corporation and charter city ("Lessor") and Eric and Evelyn Lowey, Trustees of the Lowey Trust dated 05/16/1996 ("Lessee"). Lessor hereby leases to Lessee that real property located in the City of Newport Beach, County of Orange, California, described in Exhibit 1" attached hereto ("Property'). The term of the Lease is fifty (50) years, commencing February , 2013 and ending February'j� , 2063. This Lease is subject to the terms, conditions and provisions of an unrecorded lease between the parties dated February P; , 2013, which is incorporated herein by reference. Unless extended by a recorded amendment or supplement hereto, this Memorandum of Lease will automatically terminate as of February 2013. [SIGNATURES ON NEXT PAGE] APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: By: C r Aaron Har City Attorney dt� ATTEST: Date: ' C By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Dater _ By: David Ki City Manager LESSEE�� Date: Eric Lowey, Trustees' Lowey Trust dated 05/16/1996 Date: t 1,3 Evelyn Lowey, `trustee Lowey Trust dated 05/16/1996 [END OF SIGNATURES] 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF On ;� ' D-- _ cow U/' , befor me;v • % I)%14&—N7✓t personally appeared 1�-7Z/6 Lz1 V)9AJn/ / JLIV a, , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her./their authorized capacity(ies), and that by his/her/their signaturem s) on the instruent the persori(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under, -the laws of the State of California that the foregoing paragraph is true and correct. S. AR MENTA WITNESS my hand and of6ct seal. Commission # 196387o Notary Public -California Zz Orange County Signature _ (Seat) My Comm. Expires Dec 16, 2015 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documeht. [ ] Individual [ ] Corporate Officer(s) Title(s) [. ] Partners) , [ ) Limited [ ] General ] Attomey-In-Fact . [ ] Trustee(s)' [ ) Guardian/Conservator [ 1 Other SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the date requested here is not required by law, it could prevent fraudulent reattachment of this form_ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Date of Document: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On February 7, 2013 before me, M Locey, Notary Public, personally appeared David Kiff who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. M. LOCEY Commission # 1864451 WITNESS my hand and official seal. Notary Public - California Orange County My Comm. Expires Oct 7, 2013 kt/�_ Ler� (SEAL) Notary Public in and for said ate OPTIONAL INFORMATION Title or Type of Document: Memorandum of Lease EXHIBIT "1" LEGAL DESCRIPTION OF THE PROPERTY That certain real property located in the City of Newport Beach, County of Orange, California, described as follows: Lot 37 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-