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HomeMy WebLinkAboutC-6297(D) - West Coast Highway, 2801 - Memo of Assignment of Lease and Amendment to MOL 2020/­\ Batch 7290556 Confirmation Q r 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