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Home My WebLink AboutC-7064-6 - East Bay Avenue, 600 - Memo of Assignment of Lease and Amendment to Lease Memo 2021City of Newport Beach City Clerk's Office 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIII 25.00 *$ R 0 0 1 3 1 3 1 4 2 7$ 2021000548630 9:31 am 09101121 7 407A M 11 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 3.00 Above This Line for Recorder's Use Only File No.: NCS-1023322-SA1 MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM Pursuant to Senate Bill 2 - Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fee, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). ( ) This document is a transfer that is subject to the imposition of documentary transfer tax (X) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner - occupier per GC 27388.1 (a) (2). ( ) Maximum fee of $225 has been reached per GC 27388.1 (a) (1). () Not related to real property GC 27388.1 (a) (1). THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB -2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies) 1 9 RECORDING REQUESTED BY: (J First American Title Insurance Company r► National Commercial Services 18500 Von Karman Avenue, Suite 600 U Irvine, CA 92612 WHEN RECORDED MAIL DOCUMENT -TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIII 25.00 *$ R 0 0 1 3 1 3 1 4 2 7$ 2021000548630 9:31 am 09101121 7 407A M 11 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 3.00 Above This Line for Recorder's Use Only File No.: NCS-1023322-SA1 MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM Pursuant to Senate Bill 2 - Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fee, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). ( ) This document is a transfer that is subject to the imposition of documentary transfer tax (X) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner - occupier per GC 27388.1 (a) (2). ( ) Maximum fee of $225 has been reached per GC 27388.1 (a) (1). () Not related to real property GC 27388.1 (a) (1). THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB -2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies) RECORDING REQUESTED BY: First American Title Insurance Company National Commercial Services 18500 Von Karman Avenue, Suite 600 Irvine, CA 92612 WHEN RECORDED MAIL DOCUMENT TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Space Above This Line for Recorder's Use Only File No.: NCS -1023322 -SAI MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM Pursuant to Senate Bill 2 - Building Homes and Jobs Act (GC Code Section 27388. 1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fee, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). ( ) This document is a transfer that is subject to the imposition of documentary transfer tax (X) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner - occupier per GC 27388.1 (a) (2). () Maximum fee of $225 has been reached per GC 27388.1 (a) (1). () Not related to real property GC 27388.1 (a) (1). THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB -2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 SPACE ABOVE THIS LINE FOR RECORDER'S USE A.P.N. 048-112-20 MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE MEMORANDUM (600 East Bay Avenue, 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 Agreement dated as of August 2, 2021 (Assignment") by and between DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California nonprofit public benefit corporation, as "Assignor," BALBOA FUN ZONE REALTY INVESTMENTS LLC, a Delaware limited liability company as "Assignee," and the CITY OF NEWPORT BEACH ("City"), a California municipal corporation and charter city. RECITALS A. NHNM Property Holdings, LLC, a California limited liability company ("NHNM") and City are parties to that certain Lease Agreement (With Option for Renewal) dated March 1, 2013 ("Lease"), respecting the Tidelands located generally at 600 East Bay Avenue in Newport Beach, California (the "Property"), and as evidenced by that certain Memorandum of Lease Agreement (With Option for Renewal) recorded on March 21, 2016, in the Official Records of Orange County, California ("Official Records") as Instrument No. 2016000116050. B. Pursuant to an Assignment and Assumption Agreement dated April 24, 2017, NHNM 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, as further evidenced by a Memorandum of Assignment of Lease and Amendment to Lease Memorandum recorded on May 4, 2017 in the Official Records as Instrument No. 2017000180201. C. In connection with Assignee's purchase of the Property from Assignor, which closed escrow on or about July 31, 2021, Assignor and Assignee, with the consent of City, executed the Assignment to which Assignor assigned to Assignee (and Assignee assumed from Assignor) all of Assignor's right, title, interest and obligations under the Lease. 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 effective date of the Assignment. 3. Counterparts. This Memorandum may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one in the same instrument. [SIGNATURES ON FOLLOWING PAGE] Memorandum of Assignment of Lease and Amendment to Lease Memorandum Page 2 IN WITNESS WHEREOF, th,gg4�duly authorized representatives of Assignor, Assignee and City have executed this Memorandum effective as of the' day of August, 2021. "Assignor" DISCOVERY SCIENCE CENTER OF ORANGE COUNTY, a California nonprofit public benefit corporati By: Lloyd J101ph , Chief xecutive 0 Ic B. V . K. -\,y' Nancee Christianson, Chief Financial Officer 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. 1 I State of California USi�� County ofSjl'et-/t ye )Ss. On 20 Z 1 before me, (SU iiif Mew- ibw k4*— Notary Public, personal appeared M who proved to me on the basis of satisfactory evidence to be t1fe persons) hose 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. SUMMER DABALACK :,21S my hand and goicial seal. � COMM. #2292983 � U NOTARY PUBLIC -CALIFORNIA X.OA:le0 ORANGE COUNTY My Comm. ExpWa Am 14, 2023 gnature (seal) 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. 1 1 State of California County of Q&'rtirl,ge _)SS. On uS Zy 207-1 before me, 3MMajerr' tZ4 hzr J& GK , Notary Public, personal) ppeared Ltn C PLS t, r i S�-i u n'SOa , 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 para raph is true and correct. SUMMERDABALACK WITN S my hand and official seal. COMM. #2292983 00 U NOTARY PUBLIC -CALIFORNIA 0 ORANGE COUNTY /C My Comm. E9*ft ,Aire 14, 2023 Signature seal) Memorandum of Assignment of Lease and Amendment to Lease Memorandum Page 3 "Assignee" BALBOA FUN ZONE REALTY INVESTMENTS LLC, a Delaware limited liability company to me that Wshe/they executed the same in cher/their authorized capacity(ies), and that by a/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. KENYA 0. GRAY WITNESS my hand and offi ial seal. �.1 "°`aty Public - Ca°t°'"'a ` Orange County W Commission # 2260261 My Comm. Expires Oct 14, 2022 Sig atur (seal) 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 On Aft AS 11 20_2 before me, ��inUA 0—1r�t�1 Notary Public, personally ppeared QA vC d A , PSL ho 6roved 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/they executed the same in doher/their authorized capacity(ies), and that by 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. KENYA 0. GRAY WITNESS my hand anofficial seal. _ Notary Pu - California Oranjese County Commission # 2260261 My Comm. Expires Oct 14, 2022 Sig at a (seal) Memorandum of Assignment of Lease and Amendment to Lease Memorandum Page 4 ATTEST: g- 2r �Z, Date: �E' Ic d&_0- Leilani I. Brown City Clerk APPROVED AS TO FORM: _T�a' ) - — Aar C. Harp Cit"A orney "City" CITY OF NEWPORT BEACH, a California municipal corporation and charter city By: Grac . Leung City Manager C' N,-, .y-� 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 OQ.AtiI(.E } ss. On Ag(.usz *Zy 20 -LI before me, JU NNtFctL RNN PAQ%-Vt--( , Notary Public, personally appeared GIZA * IL . LW r4L (. , 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. WITN S my hand and official seal. Signa urnife p n Mulvey (seal) aF ;. ;, COMM #2214138 rn W Notary Public - California ORANGE COUNTY „ u MyCommisslonExpires Oct, 12,2021 Memorandum of Assignment of Lease and Amendment to Lease Memorandum Page 5