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Home My WebLink AboutC-6296(C) - West Coast Highway, 2751 - MOL 2015RECORDING REQUESTED BY: First American Title Insurance Company WHEN RECORDED RETURN TO: Khoshbin's Landing, LLC 18071 Fitch, Suite 100 Irvine, CA 92614 Attn: Manuchehr Khoshbin WITH A COPY TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive P.O. Box: 1768 Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder jj I] jj jj III III I [f I I III jj jj 24.00 *$ R 0 0 0 8 3 6 8 9 6 0$ 2016000212197 8:00 am 05/12/16 93 Sec4 A34 F13 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 teams ) nc(va,^8 6rrvis [Space Above This Line for Recorder's Use Only] 3,5 yeovS MEMORANDUM OF ASSIGNMENT OF LEASES AND AMENDMENT TO LEASE MEMORANDA (2751 & 2801 West Coast Highway, Newport Beach, CA) THIS MEMORANDUM OF ASSIGNMENT OF LEASES AND AMENDMENT TO LEASE MEMORANDA ("Memorandum") is made and executed in connection with that certain Assignment and Assumption of Leases dated as of December 22, 2015 ("Agreement"), by and GP'S LANDING, LLC, a California limited liability company, as "Assignor," KHOSHBIN'S LANDING, LLC, a California limited liability company, as "Assignee," and the CITY OF NEWPORT BEACH ("City"). RECITALS A. Assignor and City are parties to: (i) that certain Lease Agreement with Options for Renewal dated March 1, 2013 respecting the Tidelands located generally at 2751 West Coast Highway in Newport Beach, California ("2751 Lease"), and (ii) that certain Lease Agreement with Options for Renewal dated March 1, 2013 respecting the Tidelands located generally at 2801 West Coast Highway in Newport Beach, California ("2801 Lease", and together with the 2751 Lease, the "Leases"). B. To provide public notice of the Leases, Assignor and City are parties to: (i) that certain a Memorandum of Lease Agreement with Options for Renewal dated August 19, 2015 and recorded in the Official Records of Orange County, California ("Official Records") on August 26, 2015 as Instrument No. 2015000442678 respecting the 2751 Lease ("2751 Memo"), and (ii) that certain a Memorandum of Lease Agreement with Options for Renewal dated August 19, 2015 and recorded in the Official Records of Orange County, California ("Official Records") on August 31, 2015 as Instrument No. 2015000449612 respecting the 2751 Lease ("2801 Memo", and collectively with the 2801 Memo, the "Lease Memos"). C. In connection with Assignee's purchase from Assignor of the real properties located at 2751 and 2801 West Coast Highway, Newport Beach, California on or about December 23, 2015 and with the consent of the City, Assignor and Assignee executed and delivered the Agreement pursuant to which Assignor assigned to Assignee (and Assignee assumed from Assignor) all of Assignor's right, title, interest and obligations under the Leases. AGREEMENTS NOW, THEREFORE, in order to memorialize and give notice of the Agreement and the Assignment thereunder, the parties acknowledge and agree as follows: 1. Purpose of Memorandum. This Memorandum is being recorded to place the public on notice of the terms and provisions of the Agreement, which terms and provisions are hereby incorporated by reference into this Memorandum, and of the Assignment. In the event of any conflict between the terms and conditions of this Memorandum and the Agreement, the terms and conditions of the Agreement shall prevail. 2. Amendment of Lease Memos. Each of the Memos is amended such that the "Lessee" identified therein shall mean and refer to Assignee from and after December 23, 2015. 3. Counterparts. This Memorandum may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. /// Signature pages follow. /// 2 IN WITNESS WHEREOF, the duly authorized representatives of Assignor, Assignee and City have executed this Memorandum effective as of the 17th day of March, 2016. "Assignor" GP'S LANDING, LL a Califop0i limited ability ompany M Gar:TPrinjnV Managino Member 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 CAI t&l�Vl ss. COUNTY OF 2 ) Qn 2016 before me, 6ZI,4e 05) , Notary Public, personally appeared GARY PRIMM, 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 corr NATALIE r WITNESS m hand and official s 1. NOTARY CALIFORNIA �� COMMISSION # 2005454 rth ORANGE COUNTY j 272("7 ;,,,•• �y1 Comm. Ex . Janua Signature "Assignee" KHOSHBIN'S LANDING, LLC, a California limited liability company By: The Khoshbin Co., Inc., A California corporation, its Manager By: Manuchehr Khoshbin President 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 ) ) ss. COUNTY OF ORANGE ) O , 1 2 2016 before me, eh r N4ttLjtrj , Notary Public, personally appeared MANUCHEHR KHOSHBIN, whajpaoWd 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 WITNESS my hand and official seal. 00- �ENF R NOUYEN Commission No.2121929 z NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY Si afturet My Comm. Expim AUGUST 29.2019 GOVERNMENT CODE 27361.7 I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED TO READS AS FOLLOWS: NAME OF NOTARY: COMMISSION NO.: DATE COMMISSION EXPIRES MANUFACTURER/VENDOR NO.: COUNTY WHERE BOND IS FILED: JENNIFER NGUYEN 2121929 08/29/2019 NCC1 Orange PLACE OF EXECUTION: SANTA ANA, CA DATED: May 11, 2016 FIRST AMERICAN TITLE INSURANCE COMPANY BY: r 0.� ATTEST: Nwll'— Leilani I. Brown City Clerk APPROM;,-�,O FORM: Aaron C. Harp (A r► CM1lol1(n City Attorney "C ity" City of Newport Beach, a California municipal corporation and charter city By: Dave'Kiff I City Manager 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 ) ) ss. COUNTY OF ORANGE ) On 1'n P�—I , 2016 before me, JCNNtFC-(Z 0 -k -j V Notary Public, personally appeared DAVE 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 WITNE my hand and official seal. JENNIFER ANN MULVEY Commission # 2045022 l ;-d Notary Public - California Orange County Signa ur I M Comm. Expires Oct 12, 2017+