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HomeMy WebLinkAboutC-7309-13 - Beacon Bay, 56 - Lessor's Consent and Agreement 2018Recorded in Official Records, Orange County RECORDING REQUESTED BY: Hugh Nguyen, Clerk-Recorder 04`e' 201.00 II I I II III I III I III II II I II II h+ai#s-E�ank-ot'I-ong-Beach *$ R 0 0 1 0 1 7 2 2 8 7$ WHEN RECORDED RETURN TO: 20180002284221:28 pm 06/21/18 232 407 Al2 C34 12 Farmers and Merchants Bank of Long 12515 Seal Beach Boulevard Seal Beach, CA 90740 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 0.00 0.00 0.00 0.00 33.00 0.00 0.000.00150.00 6.00 [SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY] Loan No: 9027011079 LESSOR'S CONSENT AND AGREEMENT THIS LESSOR'S CONSENT AND AGREEMENT ("Lessor's Consent") is given this ,tl^ day of June 2018, by the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City" and "Lessor"), and acknowledged and agreed to by Gerald Nicholas Madigan and Maureen O. Madigan ("Borrower" and "Lessee"), on the terms and conditions outlined below. RECITALS A. On March 4, 2003, the City entered into that certain Lease Agreement ("Lease") with Gerald Nicholas Madigan and Maureen O. Madigan, as Lessee, concerning certain real property located generally at 56 Beacon Bay in the City of Newport Beach, California ("Property"), as evidenced by a Memorandum of Lease recorded on March 7, 2003, as Instrument No. 2003000256099 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 Farmers and Merchants Bank of Long Beach ("Lender") to be secured by the leased Property, as such Property is more particularly described in Exhibit A. 56 Beacon Bay Page 1 Order: QuickView Page 1 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Doc: 2018-228422 REC ALL Loan No: 9027011079 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 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. 2. Lessee has satisfied the provisions of Section 5 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 5 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: Farmers and Merchants Bank of Long Beach, 12515 Seal Beach Boulevard, Seal Beach, California 90740, 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. 56 Beacon Bay Page 2 Order: QuickView_ Page 2 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Doc: 2018-228422 REC ALL Loan No: 9027011079 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 5(E) of the Lease. 7. This Lessor's 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] 56 Beacon Bay Page 3 Order: QuickView_ Page 3 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Doc: 2018-228422 REC ALL Loan No: 9027011079 IN WITNESS WHEREOF, the duly authorized representatives of Lessee and City have executed this Lessor's Consent effective as of the 24N^ day ofTy , JAe, 2018. "Lessee" Ve'Z BY:�Y rald Nicholas Madigan By. aL Mafqen O. Madigan 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 V[g, n Qjl= }SS. On 7) L)n ?,—d `6 , 20 before me, Notary Public, personally appeared 2 1 ichDkS Madiqcin nnd Wyr,--no o. mg , who proved to me on the basis of satisfactory evi nce to be the person(s) who8b 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 paragrap is rue and correct. SHANNON M.HEROD Zure p a d official seal. Notary Public - California Los Angeles County z z > Commission # 2150097 n My Comm. Expires Apr 23, 2020 ,. (seal) 56 Beacon Bay Page 4 Order: QuickView_ Page 4 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Doc: 2018-228422 REC ALL ATTE _j Leilani I. Brown e(tC City Clerk APPR aTO FORM: 0. �W- Aaron a p �-•b•« City Attor e Loan No: 9027011079 "City" City of Newport Beach, a California municipal corporation and charter city By: \L/U Da iff City Manager LYPo RN:. 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 MAtAL,E } Ss. On Jul -AE l ST14 , 20 IB before me, j Q44IFEii2 Ai. M VY\V Ly E`! Notary Public, personally appeared DA -VF- 11 FF , who proved to me on the basis of satisfactory evidence to be the person(a) whose name(() is/afe subscribed to the within instrument and acknowledged to me that he/&4eA4-,e executed the same in his/he## eif authorized capacity(ia&), and that by his/hefAlgen signatures() on the instrument the perso*), or the entity upon behalf of which the perso*) 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. Jaen fer A� nn M Ivey WITNESS y hand and official seal. ,� NotaPublic - CaCOMM Ili-- a* 38 m � ry lffornia � Q ORANGE COUNTY MY commission Fxpues Oct i2, 7n)i Signature (seal) 56 Beacon Bay Order: QuickView_ Page 5 of 12 Doc: 2018-228422 REC ALL Page 5 Requested By: , Printed: 10/4/2018 10:05 AM EXHIBIT "A" TO LESSOR'S CONSENT AND AGREEMENT 1. Borrower's (Lessee) Name: Gerald Nicholas Madigan and Maureen O. Madigan 2. Property Address: 56 Beacon Bay, Newport Beach, CA 92660 3. Property Description: See Attachment 1 — Property Description. 4. Lease (including all amendments and dates): See Attachment 2 - Memorandum of Lease. 5. Borrower (Lessee's) Current Monthly Lease Payment: $ 3,363.91 7 Payments are current (Yes or No): Through: 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: July 1, 2044 Options: None. Loan No: 9027011079 Yes May 31, 2018 56 Beacon Bay Page A-1 Order: QuickView_ Page 6 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Doc: 2018-228422 REC ALL Loan No: 9027011079 ATTACHMENT 1 EXHIBIT "A" TO LESSOR'S CONSENT AND AGREEMENT Property Description Lot 56 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. A.P.N. 988-880-41 Address: 56 Beacon Bay, Newport Beach, California 92660 56 Beacon Bay Page A-2 Order: QuickView_ Page 7 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Doc: 2018-228422 REC ALL 56 Beacon Bay Order: QuickView_ Doc: 2018-228422 REC ALL ATTACHMENT 2 EXHIBIT "A" TO LESSOR'S CONSENT AND AGREEMENT Memorandum of Lease Loan No: 9027011079 Page A-3 Page 8 of 12 Requested By: , Printed: 10/4/2018 10:05 AM ` RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: r City Manager's Office City of Newport Beach 3300 Newport Boulevard 9 Newport Beach, CA 92663 This Documents electronically recorded by Cal Title MV Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder 11101MOINin ff 11 72.00 2003000256099 04:10pm 03107/03 718 4 M114 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 MEMORANDUM OF LEASE (O DDv;Ds �cstiiCY Z'p,,a�rrEfl TAX Gv�• t SAID LEc,SO 1S FO THIS MEMORANDUM OF LEASE is made and entered ina i�b&Wa'Wi..AE CITY OF NEWPORT BEACH, a chartered municipal corporation, herein called "Lessor", and r1 Gerald Nicholas Madigan and Maureen O. Madigan, herein called ",Lessee", to witness \ that: Lessor hereby leases to Lessee, commencing on X3 and ending on July 1, 2044, on the terms and c nditlons set forth in that certain lease by,and between the parties hereto dated mQYn Y, 9&:3 —, all the terms and conditions of which lease are made a part hereof as though fully set forth herein, all those certain premises in the County of Orange, State of California, described as follows: Lot 56 as shown on the map fled in Book 9, Pages 42 and 43 of Record of Surveys, in the Office of the County Recorder, County of Orange, State of California. EXECUTED on&gd,'7 90 2003, at Newport Beach, Orange County, California. No Do0UMMtTAA;1 TRANSFER TAX DUE. SAID LEASE f8 Foil LESSOR LESS TW.N ss y-IFIs, THE CITY OF NEWPORT BEACH ATTEST: CITY CLERK APPROVED AS TO FORM: 10 ee: Gerald Nicholas Madigan Maureen O. Order: QuickView_ Page 9 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Doc: 2018-228422 REC ALL ORPNGE Ml;$T4ITLE FaX:7145584892 GOVERNMENT CODE -2736.17 Jan #02 16=14 P.04 i I CERTIFY UNDER PENALTY OF PERMRY THAT THE ILLEGIBLE PORTION O TIRS DOCUMET, TO WHICH THIS STATE14iENT IS ATTACHED, READS AS FOLLOWS: -.�* -� PLACE OF EXECUTION: r DATE OF EXECUTION: -7 SIGNATURE: Order: QuickView_ Doc: 2018-228422 REC ALL Page 10 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Document Date; STATE OF CALIFORNIA )SS COUNTY of On ]' b C'CW C4,0. amo'a before me, personally appeared A N personally known to me (or proved to me on the basis of salisfactorY evidence) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that helshe/t$ty executed the same in his/her/their authorized capacity(fes) and that by his1her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons) acted, executed the instrument. VATNFSS Ilmhand and official se NANCY R. CRAVM CCMM. it2MM Signature sr WrAWPUBUC-CAtrMIM O 02 ORANGE COUN Y ,.. My Caam. B#m FA 20, 2004 to 4�7Fitl Dl?)• Document Date: STATE OF CALIFORNIA )SS COUNTY OF 0AAWAS ) n On 7,IorugAj •2 ',.9003 before me, Al��,�l� g?. r—i2n- Ve-- `f personally appeared Gip ^A 1 a 1\i ; 0 i As Ae1(a fa t.3 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namc(s) is/are subscribed to the within instrument and acknowledged to me that be/she/ihey executed the same in histher/their authorized capacity(les) and that by hislher/their signatures) on the fnstnu eat the person(s) or the entity upon behalf of which the person(s) acted. executed the instrument %handfficial seal. NANCY R. CRAVEN NOTARYPUSUC-CAUFQRNtASignatto ORANGE COUNTY r» MIC m. E*=Feb.28.2004 This area for official notarial SC21. Document Date: 0IM dj1- ('P I ?-,) a 217 STATE OF CALIFNj9 )SS On %.A 01,% before tae, , { JUC. personally appeared t_... 4bW.IUI._ personally known to, o be the person whose name si / re subscribed to the within insttumcat and acknowledged to me tha e/they executed the same is crltheir authorized capacity and that by r. er/their signature(} on the inshnment the person ,Vor the entity upon behalf of which the personVacted. executed the instrument. WITNES my hand and official seal Signature �� his area for official notarial seal. CATHY FISHER COmrnt88101191341 OM Notary Public - CalNornfa orange County Count FV&W Feb 21, 2008 y Order: QuickView_ Page 11 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Doc: 2018-228422 REC ALL Government code -- 2736.17 ICERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: Nancy R. Craven DATE COMMISSION EXPIRES: Feb. 28, 2004 COUNTY WHERE BOND IS FILED: Orange COMMISSION NO.: 1255039 MANUFACTURER/VENDER NO.: SIO1 PLACE OF EXECUTION: Mission Viejo DATE OF EXECUTION: 3/7/2003 SIGNATURE: Government code — 2736.17 I CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF THIS DOCUMENT, TO WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: " PLACE OF EXECUTION: DATE OF EXECUTION: SIGNATURE: Penalty of Perjury Doc. Order: QuickView_ Page 12 of 12 Requested By: , Printed: 10/4/2018 10:05 AM Doc: 2018-228422 REC ALL