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HomeMy WebLinkAboutC-7139-24 - Beacon Bay, 37 - Lessor's Consent and Agreement 1998, 2004, 2006City Manager's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 THIS SPACE FOR RECORDER'S USE ONLY LESSOR'S CONSENT AND AGREEMENT Loan No: 0071409619 Recitals Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from Wells Fargo Bank, N.A. ("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: 0071409619 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: Wells Fargo Bank, N.A. 5000 Birch St., #2200, Newport Beach, CA 92660, 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. i Lessor Homer Bludau, City Manager PA Loan No: 0071409619 STATE OF CALIFORNIA COUNTY OF On 14, `lyD _, before me,D�l��l�lj personally appeared �wex uda('� personally known to me / to be the person whose name is subscribed to the within instrument and acknowledged to me that he\&he'cti°rop executed the same in his\b�rtti-rei authorized capacity#esj, and that by his/�r signature(*on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. LEUM 1. BROWN COMMUM * 163U?? [ WITNESS my hand and official seal. NO" Mft - caftmia OMW car 1v1*CMM.00ftJ"M23,201 Signature Aaw-u Notary Public in and for the State of l Vh ►--� 3 EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Loan No. 0071409619 Unit No 1. Borrower's (Lessee) Name: Kimberly Woods 2. Property Address: 37 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). $1,093.73 7. 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 4/29/98; Expires on July 1, 2044 If applicable: Pursuant to the Lease, Lessee has the right, at its option, to renew the tern of the Lease for N/A consecutive renewal terns of N/A years each. E ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Property Description 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. 5 City Manager's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 THIS SPACE FOR RECORDER'S USE ONLY LESSOR'S CONSENT AND AGREEMENT Loan No: 0035697564 Recitals Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from Wells Fargo Home Mortgage PMB ("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. .r 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: 0035697564 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: Wells Fargo Home Mortgage PMB, 5000 Birch St., Ste. 2200, Newport Beach, CA 92660, 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. !L . Lessor 2 Loan No: 0035697564 STATE OF CALIFORNIA COUNTY OF On (0 I , before me, personally appeared Jv�� personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that Dhe6\he\they executed the same in his er\their authorized capacity(), and that b hal her/their signature�j`on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1 Signature V f6 Notary Public in and for the State of 3 CATHY FISHER Commission # 1341009 Z z .yb Notary Public - California � Zorange County MY Comm. Expires Feb 21, 2006 EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Loan No. 0035697564 Unit No. 1. Borrower's (Lessee) Name: Kimberly Woods 2. Property Address: 37 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: $1,093.73 Payments are current (circle either(Yes r No). 7 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. 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(n E .c 0 i0 �` a) _ a) � a) Q Y Y = ate+ O `�' -0 O+C-'"OJ : `� ..�.. b .O: UU� c N a) maaNi = o �w- O �: axi E 41 4- c 41 N -C U +41 O" a)= �'^' C L X N O p -4: :� N C p L N O N41 D 7 7 : a; �3 v_J o c co cC� cO N N L a) Ua) c Y C X "d C U- ca h. : Co .4-- p) � L_ O �N �p vi a) O N O :«3m O N a) N N LU Z . c ca te a+ O O E W H —t N > N ri F- O= = LO N �c tU NN Ux7 a) t 41 _J — 0 U - O Lb co O J N J m m J m (n O c0 Z a) \ a :•rJ U :o N N f.: c o c` Nv5Ic Q�0 0 OR ac w m U nC n W 2a' a w X0100 E U O Z 4j /TJX 2 cn N d CL STATE OF CALIFORNIA } COUNTY OF }ss. On before me, P personally appea ed,»,� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person�(aj whose name(�s)is re subscribed to the within instrument and acknowledged to me tha ht�e she/they executed the same in his/her/their authorized capacity(i ), and that b6! /her/their signature on the instrument the. person,o) or the entity upon behalf of which the person(4cted, executed the instrument. Signatu (This area for official notarial seal) SHAUNA LYN OYLE i Commission # 1164119 Z -: Notary Public - Califomia Orange County My Comm. Expires Dec 5, 200I STATE OF CALIFORNIA } COUNTY OF ORANGE }ss. On December 10 1997 , before me, JULIE GARDNER personally appeared KIMBERLEY MOODS personally known to me (or 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) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand anc`offic I spa Signature LmJULIE GARDNER COMM. # 1022264 M Notary Public - California (� ORANGE COUNTY y Comm Expires APRIL 10. 1998 0 his area for official notarial seal) 1 CALIFORNIA NOTARY ACKNOWLEDGMENT State of California } County of Orange )ss. On December 10, 1997 , before me, JULIE GARDNER personally appeared Kimberley Woods persona known to me (or proved to me on the basis of satisfactory evidence) to be tl person(s) whose name(s) is/are subscribed to the within instrument ai acknowledged to me that he/she/they executed the same in his/her/the authorized capacity(ies), and that by his/her/their signature(s) on the instrumei the person(s), or the entity upon behalf of which the person(s) acted, execute the instrument. WITNESS my hand and official seal LeMYJULIE GARDNER COMM, # 1022264 Notary Public • California (AORANGE COUNTY Comm Expires APRIL tp, t98 (This area for official notarial seal)