The URL can be used to link to this page

Home My WebLink AboutC-6353(A) - Harbor Island Drive, 15 - Lease Agreement 2002t- N CA ,g AGREEMENT THIS AGREEMENT is made this - k k day of July, 2002, by and between the City. of Newport Beach, a Municipal corporation, herein after refereed to as "Lessor" and Ted Christensen and Eve Christensen, husband and wife, as community property, hereinafter referred ----to as "As-&lgnee�without-regar-dto-nnmber-and--gender Introduction On or about December 12, 1993, Lessor and William F. Power and Marlene Power, husband and wife, as community property, hereinafter referred to as "Tenant", without regard to number and. gender, entered into a lease whereby Lesser leased to Tenant that certain property hereinafter referred to as the "Premises" shown on Exhibit "A" attached hereto and by reference made a part hereof and described as those filled tidelands lying between the extension of the sidelines of Lot 16 (erroneously referred to in the Lease as Lot 15) of Tract 802, from the adjudicated mean high tide line to the United States bulkhead line, excepting therefrom those lands lying below the existing mean high tide line, together with all the improvements presently on said Premises. On or about May 15, 1998, Tenant conveyed, transferred and sold all of their right, title and interest in Lots 15 and 16 to Assignee and purported to assign their interest in the lease to Assignee. Section 14 of the Lease provides that Tenant shall not transfer their interest in the Lease without the prior written approval of the City Manager of Lessor. Although Lessor was notified of the transfer and assignment of the Lease, no formal Assignment was ever executed between Tenant and Assignee and no written consent was ever granted by Lessor. Assignee has occupied the Premises and has paid rent to Lessor for the Premises since their occupancy thereof from May 15, 1998. However, under the provisions of Section 8 of the Lease, the rent thereunder is subject to periodic adjustment by reappraisal in five (5) years and every ten (10) yeas thereafter commencing on March 22, 1998. Lessor has not performed the March 22, 1998 appraisal. Section 4 of the Lease provides that the Tenant thereunder shall have the exclusive private enjoyment of the Premises for residential yard, landscaping and non permanent recreational purposes as an adjunct to the single family residence that adjoins the Premises including certain specified uses delineated in Section 4. In this regard, Tenant utilized the Premises for driveway access and parking which is a usage not specifically delineated in Section 4, and Assignee has continued such usage. Tenant and Assignee are concurrently herewith executing a formal written Assignment of Lease in order to memorialize in writing the de facto assignment that took place on May 15, 1998 between Tenant and Assignee. Assignee and Landlord desire to have Landlord's consent to such Assignment formalized by means of this Agreement and to address the issue of the rental adjustment and appraisal which was not performed on March 22, 1998 and the driveway access and parking usage of the Premises currently utilized by Assignee. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and conditions contained herein, the parties hereto agree as follows: 1. Lessor does hereby consent to the Assignment of Lease by Tenant to Assignee. —However—nothing--herei-n-shall-be-construed-to--be a-wai-vor--of-or--in-an-y-way-invalidate any of the provisions of Section 14 of the Lease dealing with assigning, subletting and encumbering the Premises which will continue to be strictly enforced by Lessor. 2. Assignee agrees that pursuant to Section 8 of the Lease, the rent thereunder was subject to readjustment by reappraisal on March 22, 1998, but that such reappraisal has not occurred. Assignee agrees that Lessor shall have the right to conduct an appraisal of the current value of the Lease, and that any rent increase resulting from such appraisal will be paid by Assignee retroactive to date of this Agreement. Assignee reserves the right to participate in the appraisal process as set forth in Section 8 of the Lease. 3. Lessor and Assignee agree that Section 4 of the Lease is hereby amended to provide that driveway access and parking shall be a permitted use of the Premises under the terms of the Lease. 4. Lessor and Assignee agree that Section 16 of the Lease is amended to provide that the address for Notice to Tenant (Assignee) shall be as follows: Ted Christensen and Eve Christensen 15 Harbor Island Newport Beach, Ca 92660 With a copy to: Jeffrey R. Matsen, Esq. Law Offices of Jeffrey R. Matsen & Associates 5001 Birch Street Newport Beach, CA 92660 5. Concurrently herewith, the parties hereto are entering into a Memorandum of Lease which is attached hereto as Exhibit "B" and made a part hereof. Such signed and notarized Memorandum of Lease shall be submitted to the City Manager as part of the documentation of the subject Assignment and shall be duly recorded in the office of the County Recorder of Orange County, California. 6.' In all other manner and respects the provisions of the Lease shall remain in full force and effect. 2 Lens0Chris1ens-Ag Cityol NB IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above indicated. Lessor: City of Newport Beach By -1. CITY MANAGER (Print Title) Approved as to form: By: -94::� City Attorney Attest: By: City Clerk Assign Z TED HRISTENSEN 3 UasOChristens-Ag City of NB EVE CHRISTENSEN ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF ORANGE (name personally known to me the Iasis—af--s4i-s-fartor-y-e*idence-) to be the 5ersonn whose name is re subs ribed to the within instrument and acknowledge to me that he she/they executed the same in is er/their authorized capacity(i"06, and that by his er/their signatureA (on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 0 '�A' Signature C! Lra.r\Chri.�rns-A@ City,,l NO j a CATHY FISH Commission * 1341009 i •y; Notary Public - California � Orange County My Comm. Expires Feb 21,2006 (Seal) STATE OF CALIFORNIA COUNTY OF ORANGE ACKNOWLEDGMENT �(-41 title of officer), personally appeared TED CHRISTENSEN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the personAwhose name s are subscribed t the within instrument and acknowledged to me that e he/they executed the same in i er/their authorized capacity ss), and that b is er/their signatures on the instrument the perso s), or the entity upon behalf of which the person4 acted, executed the instrument. my hand and official seal. ature ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF ORANGE JULIE �C. WAHLSTEDT Commission # 1247042 .. Notary Public - California Z Orange Coun 4m�E�i�es Dec 25, 2i On efore me, Cril., (name and title of offi er), personally appeared EVE CHRISTENSEN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person w ose name�%bare subscribed to the within instrument and acknowledged to me that he&/ hey executed the same in hisXoheir authorized capacity), and that by hisK�/their signature. on the instrument the person(, or the entity upon behalf of which the perso/s) acted, executed the instrument. STEDT WI S my hand an official seal. JULIE C. wAHL'17r Commission # 1247042 Z -e Notary Public - ColifomiO S Z Orange County My Comm. E; i. as Dec 25,200j3 Signa re (Seal) 5 Lr; --Chant,, -Ag City of NB i I I i V� I 0 --- O � I � s ° I I J„ ti 7 O / ='YO' -E -.EGS I I 1 4 4 0/0'st O.� MGN TIDE X NE. / SNC i 87:57 E UrCil X4 ' ., Ip OCB oCB 31 5 �I + O 97 i X x H I T WoII /I I \'re IR EXHIBIT