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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 Ill! I 1 i'! 11 ILI !II 11 I1I 1.1,11111 1 1 ! I II! 10.00 WHEN RECORDED RETURN TO: { i R c I q s G >; 5 i 2020000429930 10:27 am 08/24/20 9 503A C34 4 0.00 0.00 0.00 0.00 9.00 0.00 0.000.000.00 3.00 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