HomeMy WebLinkAboutC-6297(D) - West Coast Highway, 2801 - Memo of Assignment of Lease and Amendment to MOL 2020/\ Batch 7290556 Confirmation
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V RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Newport Beach
City Clerk's Office
P.O. Box 1768
Newport Beach, CA 92658-8915
Page 3 of 4
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
111111111111111111111111 11 11 11 32.00
*$ R 0 0 1 1 9 5 9 2 2 1$*
2020000432088 2:53 pm 08124120
90 RW1A M11 A17 5
0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 6.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MEMORANDUM OF ASSIGNMENT OF LEASE
AND
AMENDMENT TO LEASE MEMORANDUM
(2801 West Coast Highway, Newport Beach, CA)
THIS MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO
LEASE MEMORANDUM ("Memorandum") is made and executed in connection with that
certain Assignment and Assumption of Leases dated on or about December 24, 2019
("Assignment"), by KHOSHBIN'S LANDING, LLC, a California limited liability company,
("Assignor'), and 2751 & 2801 PCH LLC, a California limited liability company
("Assignee").
RECITALS
A. GP's Landing, LLC, a California limited liability company, and the City of
Newport Beach, a California municipal corporation and charter city ("City") are parties to
a certain Lease Agreement with Options for Renewal dated March 1, 2013 ("Lease"),
respecting the Tidelands located generally at 2801 West Coast Highway in Newport
Beach, California (the "Property"), and as evidenced by a certain Memorandum of Lease
Agreement recorded on August 31, 2015, in the Official Records of Orange County,
California, as Instrument No. 2015000449612.
B. Pursuant to an Assignment and Assumption of Leases dated December 22,
2015, GP's Landing, LLC transferred and assigned the Lease to Assignor, subject to
approval by the City, which the City approved pursuant to that certain Consent to
Assignment of Lease recorded on May 12, 2016, in the Official Records of Orange
County, California, as Instrument No. 2016000212198, and as further evidenced by a
Memorandum of Assignment of Leases and Amendment to Lease Memoranda recorded
on May 12, 2016, in the Official Records of Orange County, California, as Instrument No.
2016000212197, the Lease was assigned to Assignor.
C. In connection with Assignee's purchase of the Property from Assignor,
which closed escrow on or about December 24, 2019, Assignor and Assignee executed
the Assignment pursuant to which Assignor assigned to Assignee (and Assignee
https:Hgs.secure-recording.com/Batch/Confirmation/7290556 08/24/2020
Batch 7290556 Confirmation Page 4 of 4
assumed from Assignor) all of Assignor's right, title, interest, and obligations under the
Lease.
D. On or about AmL , 2020, City consented to the Assignment
by and between Assignor and Assignee pursuant to a certain Consent to Assignment of
Lease recorded on jVy4usr 2q , 2020, and recorded in the Official Records of Orange
County, California, as Instrument No. 2020000(M51 , which shall be
further evidenced by this Memorandum to be immediately recorded thereafter.
AGREEMENTS
NOW, THEREFORE, in order to memorialize and give notice of the Lease and the
Assignment thereof, 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 Lease, 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
Lease, the terms and conditions of the Lease shall prevail.
2. Amendment of Lease Memorandum. The Memorandum is amended such
that the "Lessee" identified therein shall mean and refer to Assignee from and after the
date of recording of this document.
3. Counterparts. This Memorandum may be executed in one or more
counterparts, each of which shall be deemed an original, but all which together shall
constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
2751 & 2801 PCH LLC Page 2
https://gs.secure-recording.com/Batch/Confirmation/7290556 08/24/2020
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Newport Beach
City Clerk's Office
P.O. Box 1768
Newport Beach, CA 92658-8915
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MEMORANDUM OF ASSIGNMENT OF LEASE
AND
AMENDMENT TO LEASE MEMORANDUM
(2801 West Coast Highway, Newport Beach, CA)
THIS MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO
LEASE MEMORANDUM ("Memorandum") is made and executed in connection with that
certain Assignment and Assumption of Leases dated on or about December 24, 2019
("Assignment"), by KHOSHBIN'S LANDING, LLC, a California limited liability company,
("Assignor"), and 2751 & 2801 PCH LLC, a California limited liability company
("Assignee").
RECITALS
A. GP's Landing, LLC, a California limited liability company, and the City of
Newport Beach, a California municipal corporation and charter city ("City") are parties to
a certain Lease Agreement with Options for Renewal dated March 1, 2013 ("Lease"),
respecting the Tidelands located generally at 2801 West Coast Highway in Newport
Beach, California (the "Property"), and as evidenced by a certain Memorandum of Lease
Agreement recorded on August 31, 2015, in the Official Records of Orange County,
California, as Instrument No. 2015000449612.
B. Pursuant to an Assignment and Assumption of Leases dated December 22,
2015, GP's Landing, LLC transferred and assigned the Lease to Assignor, subject to
approval by the City, which the City approved pursuant to that certain Consent to
Assignment of Lease recorded on May 12, 2016, in the Official Records of Orange
County, California, as Instrument No. 2016000212198, and as further evidenced by a
Memorandum of Assignment of Leases and Amendment to Lease Memoranda recorded
on May 12, 2016, in the Official Records of Orange County, California, as Instrument No.
2016000212197, the Lease was assigned to Assignor.
C. In connection with Assignee's purchase of the Property from Assignor,
which closed escrow on or about December 24, 2019, Assignor and Assignee executed
the Assignment pursuant to which Assignor assigned to Assignee (and Assignee
assumed from Assignor) all of Assignor's right, title, interest, and obligations under the
Lease.
D. On or about AML. , 2020, City consented to the Assignment
by and between Assignor and Assignee pursuant to a certain Consent to Assignment of
Lease recorded on ,5' 2-q_, 2020, and recorded in the Official Records of Orange
County, California, as Instrument No. Z02D000421931 , which shall be
further evidenced by this Memorandum to be immediately recorded thereafter.
AGREEMENTS
NOW, THEREFORE, in order to memorialize and give notice of the Lease and the
Assignment thereof, 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 Lease, 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
Lease, the terms and conditions of the Lease shall prevail.
2. Amendment of Lease Memorandum. The Memorandum is amended such
that the "Lessee" identified therein shall mean and refer to Assignee from and after the
date of recording of this document.
3. Counterparts. This Memorandum may be executed in one or more
counterparts, each of which shall be deemed an original, but all which together shall
constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
2751 & 2801 PCH LLC Page 2
IN WITNESS WHEREOF, the duly authorized representatives of Assignor,
Assignee and City have executed this Memorandum effective as of the 2-f day of j,L
, 2020.
"Assignor"
KHOSHBIN'S LANDING, LLC
a California limited liability company
By: The Khoshbin Co., Inc.,
a California corporation,
its Manager
IN
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
County of )SS.
OnAlal
before me, &0 IVg t ty�- , Notary Public,
personally(App A44_ u.ch#,h;- ,(ch os k bi ry , who 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(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 paragraph is true and correct.
WITNESS my hand and official seal. 119 JENNIFER NGUYEN
Commission No. 2299788
^ NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
Signatere
2751 & 2801 PCH LLC Page 3
"Assignee"
2751 & 2801 PCH LLC
a California limited liability company
By:
Craig Starbuck Atkins, III, Trustee of
The Craig Starbuck Atkins III Revocable
Trust, dated November 19, 2004,
its sole 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 California
County of MYAQ )Ss.
On rn 41y 12�2b before me, �Shl� SCX11�b P�`�X , Notary Public,
personally appeared _ GrAM SJ y Gi- h-,�NVIS In , who proved
to me on the basis of satisfactory evidence to be the person(a) whose name(is) is/ale
subscribed to the within instrument and acknowledged to me that he/s' /they executed the
same in his/h'er/thy authorized capacity(ips), and that by his/her/th* signature*) on the
instrument the person(tp), or the entity upon behalf of which the person(s-)racted, 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.
Signature
ASHLEY SCHR EDER-1
COMM. #2204632 z
a Notary Public • California X
Orange County
Comm. Expires Jul 13, 2021
z
(seal)
2751 & 2801 PCH LLC Page 4
APPROVED AS TO FORM:
CITY ATTO NE 'S OFFICE
Date:;;31 2q
� aron arp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
"City"
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: * Z,(#.W
Grac . Leung
City nager
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 op-AW(pe }ss.
On MA -I 1U,Z07 o before me, JENNIFee- ANO ftAyLVE`! Notary Public,
personally appeared 6reA L-6 LEun•I(-.who proved
to me on the basis of satisfactory evidence to be the person(.&) whose nam*) is/are
subscribed to the within instrument and acknowledged to me that he/she/they. executed the
same in W4EWher/04eir authorized capacity("), and that by hWher/t4eir signature*) on the
instrument the person.i;s�, or the entity upon behalf of which the persor4s) 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.
MNNNN��N��N�N�H�pNNNN NN�MN�NV �
WITNESS m hand and official seal. `r Jennifer Ann 4138 y�
,• },. COMM #2214138 a
Qi:\I' ; Notary Public - California
RANGE COUNTY N
M Commission Expires Oct. 12, 7021
Signature (seal)
2751 & 2801 PCH LLC Page 5