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HomeMy WebLinkAboutC-5068(A) - Notice of Updated Effective Date for Development AgreementBatch 13546986 Confirmation Page 3 of 4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111 II II1 !III 111 II II III' II II 94.00 *$ R 0 0 1 3 6 2 1 1 3 0$* 2022000113928 3 32 pm 03/23/22 371 RW10A NO3 4 0.00 0.00 0.00 0.00 9.00 0.00 0.000.0075.00 3.00 NOTICE OF UPDATED EFFECTIVE DATE FOR DEVELOPMENT AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND GOLF REALTY FUND Pursuant to the "Effective Date" definition found in section 1 of the Development Agreement between the City of Newport Beach and Golf Realty Fund, dated as of March 27, 2012, and recorded on January 29, 2014, in the Official Records of Orange County, California as Document No. 2014000036369, and as a result of specified events, including the November 20, 2018, issuance of the coastal development permit for the Project, the Effective Date of the Development Agreement is updated to September 23, 2012. Therefore, pursuant to section 2.4 of the Development Agreement, the Termination Date of the Development Agreement is September 23, 2022. The property to which the Development Agreement relates is described on attached Exhibit A and depicted on attached Exhibit B. This notice supersedes the Notice of Effective Date for Development Agreement and Vesting Tentative Tract Map 15347, recorded on March 20, 2017, in the Official Records of Orange County, California as Document No. 2017000111411. APPROVED AS TO FORM: City of Newport Beach By: Aaro ' arp Its: City =ttorney City of Newport Beach By: Seimone Jurji Its: Community Development Director 4858-4326-2485.1 392412.00001/3-17-22/1sef/slp Managing Owner: Golf Realty Fund, a California limited partnership By: 0 Hill Capital, a California limited partnership its General Partner by, Robert 0 Hill, General Partner https://gs.secure-recordin2.com/Batch/Confirmation/13546986 03/23/2022 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Golf Realty Fund One Upper Newport Plaza Newport Beach, CA 92660 NOTICE OF UPDATED EFFECTIVE DATE FOR DEVELOPMENT AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND GOLF REALTY FUND Pursuant to the "Effective Date" definition found in section 1 of the Development Agreement between the City of Newport Beach and Golf Realty Fund, dated as of March 27, 2012, and recorded on January 29, 2014, in the Official Records of Orange County, California as Document No. 2014000036369, and as a result of specified events, including the November 20, 2018, issuance of the coastal development permit for the Project, the Effective Date of the Development Agreement is updated to September 23, 2012. Therefore, pursuant to section 2.4 of the Development Agreement, the Termination Date of the Development Agreement is September 23, 2022. The property to which the Development Agreement relates is described on attached Exhibit A and depicted on attached Exhibit B. This notice supersedes the Notice of Effective Date for Development Agreement and Vesting Tentative Tract Map 15347, recorded on March 20, 2017, in the Official Records of Orange County, California as Document No. 2017000111411. APPROVED AS TO FORM: City of Newport Beach By: Aaro arp Its: City ttorney City of Newport Beach By: Seimone Jurji Its: Community Development Director Managing Owner: Golf Realty Fund, a California limited partnership By: 0 Hill Capital, a California limited partnership its General Partner by, Robert 0 Hill, General Partner 4858-4326-2485.1 392412.00001/3-17-22/kef/slp ALL- PURPOSE CERTIFICATE OF 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 (00--a69 e } On /144 cA 2; 2-0 2-7—before me, Oren Mori, Notary Public (Here insert name and title of the officer) personally appeared R o "ev- - 0 FI%I I who proved to me on the basis of satisfactory evidence to be the persons-) whose name(s-) Is re subscribed to the within instrument and acknowledged to me that he/they executed the same in er/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons-) 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. Notary Public (Notary Public Seal) OREN MORI 1 ? Commission No. 2269530 NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY My Comm. Expire OECEMBER It, 2022 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: 1692 E. Coast Hwy ORDER NO.: 00056007-996-SDI-RT4 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELS A, B. C AND D OF PARCEL MAP 2016-151. LOCATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOK 402 PAGES 24 THROUGH 32 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, .AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN. GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING. THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MDNING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND REMOVD4G THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MLNE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEEDS FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED MARCH 16, 1994 AS INSTRUMENTS NO.94-0184987, 94-0184988, 94-0184989, 94-0184990 AND 9440184991 ALL OF OFFICIAL RECORDS. APN: 442-011-64 AND 442-011-65 CLTA Prelim+nary Report Form— Modified (11.17116) Exhibit A Page 3 4858-4326-2485.1 392412.00001 /3-17-22/kef/s!p EXHIBIT A -1- EXHIBIT B DEPICTION OF PROPERTY 'i < '''''' l:r \ (--, ''',I'lz .."-• , •I'I.I-;:-, ' -:':II, Is. I4,,:.--•,--.„6 \'•, -•,--.-.-; • ',::-:'-:,.,:// ''- \.• THE VILLAS .141, / 1 ',. • ,ft • I- ..., , 4) 1. i I 1 , ...:7 , ••.,' ili, \I :> , ZI Iill 1 't A t'll it t t --- -1 I7:11111aIa;';,•1t2.3 ----.... ,./ ,. i ---- ____--,---- ----- MASTER PLAN • THE TENNIS CLUB - 1 new stadium court - Tennis Clubhouse • THE VILLAS - 5 single family homes • THE BUNGALOWS - 27 guest rental units • THE GOLF CLUB NOT A PART