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. 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 term
of the Lease for N/A consecutive renewal terms of N/A years each.
11
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.
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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)