HomeMy WebLinkAboutC-6296(E) - West Coast Highway, 2751 - Consent to Assignment of Lease 2020Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
RECORDING REQUESTED BY AND
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WHEN RECORDED RETURN TO: { i R c I q s G >; 5 i
2020000429930 10:27 am 08/24/20
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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
CONSENT TO ASSIGNMENT OF LEASE
THIS CONSENT TO ASSIGNMENT OF LEASE ("Consent to Assignment") is
given this 2fday of April 2020, by the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City") on the following terms and conditions:
RECITALS
A. On March 1, 2013, the City entered into that certain Lease Agreement With
Options for Renewal ("Lease") with GP's Landing, LLC, a California limited liability
company, concerning certain real property described as: Tidelands, as defined in the
Lease, which is an independent site with no land access, consisting of approximately
8,273 square feet water area located generally at 2751 West Coast Highway in the City
of Newport Beach, California (the "Property"), as evidenced by a Memorandum of Lease
recorded on August 26, 2015, in the Official Records of Orange County, California, as
Instrument No. 2015000442678 .
B. Pursuant to that Consent to Assignment of Lease recorded on May 12,
2016, in the Official Records of Orange County, California, as Instrument No.
2016000212196, the Lease was assigned to Khoshbin's Landing, LLC ("Assignor"), as
further evidenced by that 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. 2016000212199,
C. On December 17, 2019, Assignor provided a written request to City
pursuant to Section 16(a) of the Lease, whereby requesting approval of the transfer and
assignment of Assignor's interest in the Lease to 2751 & 2801 PCH LLC ("Assignee").
CONSENT
NOW, THEREFORE, the City does hereby consent to the assignment of
Khoshbin's Landing, LLC's interest in and to the Lease to 2751 & 2801 PCH LLC, subject
to the following:
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
CONSENT TO ASSIGNMENT OF LEASE
THIS CONSENT TO ASSIGNMENT OF LEASE ("Consent to Assignment") is
given this -9-:Dday of April 2020, by the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City") on the following terms and conditions:
RECITALS
A. On March 1, 2013, the City entered into that certain Lease Agreement With
Options for Renewal ("Lease") with GP's Landing, LLC, a California limited liability
company, concerning certain real property described as: Tidelands, as defined in the
Lease, which is an independent site with no land access, consisting of approximately
8,273 square feet water area located generally at 2751 West Coast Highway in the City
of Newport Beach, California (the "Property"), as evidenced by a Memorandum of Lease
recorded on August 26, 2015, in the Official Records of Orange County, California, as
Instrument No. 2015000442678 .
B. Pursuant to that Consent to Assignment of Lease recorded on May 12,
2016, in the Official Records of Orange County, California, as Instrument No.
2016000212196, the Lease was assigned to Khoshbin's Landing, LLC ("Assignor"), as
further evidenced by that 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. 2016000212199.
C. On December 17, 2019, Assignor provided a written request to City
pursuant to Section 16(a) of the Lease, whereby requesting approval of the transfer and
assignment of Assignor's interest in the Lease to 2751 & 2801 PCH LLC ("Assignee").
CONSENT
NOW, THEREFORE, the City does hereby consent to the assignment of
Khoshbin's Landing, LLC's interest in and to the Lease to 2751 & 2801 PCH LLC, subject
to the following:
1. Said Consent to Assignment shall be subject to each and all of the
covenants, conditions and restrictions set forth in the Lease and shall be subject to all
rights and interests of the City thereunder, except as herein otherwise provided.
2. Assignee shall assume the Lease via the Assignment and Assumption of
Leases ("Assignment and Assumption Agreement"), subject to each and all of the
covenants, conditions and restrictions set forth in the Lease and shall be subject to all
rights and interest of the City thereunder, except as herein otherwise provided. A copy of
the completed Assignment and Assumption Agreement shall be provided to the City to
ensure that any transfer of the leasehold interest will not circumvent the provisions of the
Lease.
3. A Memorandum of Assignment of Lease and Amendment to the Lease
Memorandum shall be executed by the Assignor, Assignee and City in substantially the
same form as the document attached hereto as Exhibit "A", and recorded against title to
the Property.
4. All notices and other communications required or permitted under this
Consent to Assignment shall be in writing, served personally on, or mailed by certified or
registered United States mail to the party to be charged with receipt thereof. Notices and
other communications served by mail shall be deposited in a United States post office, as
certified or registered mail with postage prepaid and duly addressed to the party to whom
such notice or communication is to be given as follows:
Notice to Assignee:
2751 & 2801 PCH LLC
P.O. Box 4976
Jackson, WY 83001
Notice to City: Attention: Real Property Administrator
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Any such party may change said party's address for purposes of this Section 4 by giving
to the party intended to be bound thereby, in the manner provided herein, written notice
of such change.
5. This Consent to Assignment shall become effective upon recording and be
recorded concurrently with (but immediately prior to) the Memorandum of Assignment of
Lease and Amendment to Lease Memorandum.
[SIGNATURES ON FOLLOWING PAGE]
2751 & 2801 PCH LLC Page 2
EXECUTED on the dates indicated below, at Newport Beach, Orange County,
California.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: '-t I D3
Aaron Harp
City At rney
ATTEST:
Date:
Maj
Leilani I. rown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 5 12u120
Gr K. Leung
Uffy Manager
2751 & 2801 PCH LLC Page 3
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 OR -* 06& } ss.
On MA -i 2-U i ZD20 before me, J ENN 1 FEY,
Public, personally appeared &PAGE Lev "V
who proved to me on the basis of satisfactory evidence
name(s) is/afe subscribed to the within instrument and
halshe/tbay executed the same in W64her/tkeir authorized
hWber/04eir signatures(s�-on the instrument the person{ ),
which the persorl,(s.) acted, executed the instrument.
ANN MULyE'1, Notary
to be the persons) whose
acknowledged to me that
capacity(ies), and that by
or the entity upon behalf of
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS y hand and official seal. Jennifer Ann
��,, COMM #2214138 a
w €�' Notary Public - California
a?�x�' ORANGE COUNTY
.,`-, • My Commission Expires Oct. 12, 2021
Signature (seal)
2751 & 2801 PCH LLC Page 4
EXHIBIT "A"
MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO THE LEASE
MEMORANDUM
2751 & 2801 PCH LLC Page A-1
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
(2751 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 2751 West Coast Highway in Newport
Beach, California (the "Property""), as evidenced by a Memorandum of Lease Agreement
with Options for Renewal recorded on August 26, 2015, in the Official Records of Orange
County, California, as Instrument No. 2015000442678.
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. 2016000212196, 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.
2016000212199, 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 , 2020, City consented to the Assignment
by and between Assignor and Assignee pursuant to a certain Consent to Assignment of
Lease recorded on , 2020, and recorded in the Official Records of Orange
County, California, as Instrument No. , 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 day of
, 2020.
"Assignor"
KHOSHBIN'S LANDING, LLC
a California limited liability company
By: The Khoshbin Co., Inc.,
a California corporation,
its Manager
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.
On before me, Notary Public,
personally appeared , 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.
Signature
(seal)
2751 & 2801 PCH LLC Page 3
"Assignee"
2751 & 2801 PCH LLC
a California limited liability company
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 }ss.
On before me, Notary Public,
personally appeared , 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.
Signature
(seal)
2751 & 2801 PCH LLC Page 4
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
"City"
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
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
County of
SS.
On before me, , Notary Public,
personally appeared , 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.
Signature
(seal)
2751 & 2801 PCH LLC Page 5