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HomeMy WebLinkAboutC-2637(C) - Whitecliffs Drive, 1 - MOL 202311/16/23, 9:16AM Batch 16648380 Confirmation RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11 111 11111111111111111 II II 1 1II NO FEE *$ R 0 0 1 4 6 5 6 0 6 5 $ * 2023000280482 9:13 am 11/16/23 90 CRSC06 M11 10 0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00 [Exempt from Recordation Fee - Govt. Code Sec. 27383] MEMORANDUM OF AMENDED AND RESTATED GROUND LEASE This Memorandum of Amended and Restated Ground Lease ("Memorandum") is dated ACkOVAV I0 , 2023, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Newport Aquatic Center, Inc. ("Lessee"), concerning the Property legally described and depicted in Exhibit 1", and concerning the Premises depicted in Exhibit "2", both of which are attached hereto and by this reference made a part hereof. For good and adequate consideration, Lessor leases the Premises to Lessee, and Lessee hires them from Lessor, for the term and on the provisions contained in the Lease dated CC.to�aft �0 , 2023, including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of Lessor in each instance, all as more specifically set forth in said Lease, which said Lease is incorporated in this Memorandum by this reference. The term is thirty (30) years, beginning (1CkOoly 10 , 2023, and ending or -la V 10 , 20t, and two (2) additional successive "Option Terms" of ten (10) years, on the same terms and conditions contained in the Lease. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used in interpreting the Lease's provisions. In the event of conflict between this Memorandum and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself. [SIGNATURES ON NEXT PAGE] W Newport Aquatic Center, Inc. Page 1 https://gs.secure-erds.com/Batch/Confirmation/l 6648380 1 /2 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code Sec. 27383] MEMORANDUM OF AMENDED AND RESTATED GROUND LEASE This Memorandum of Amended and Restated Ground Lease ("Memorandum") is dated C1G�o�e� % , 2023, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Newport Aquatic Center, Inc. ("Lessee"), concerning the Property legally described and depicted in Exhibit "'I", and concerning the Premises depicted in Exhibit "2", both of which are attached hereto and by this reference made a part hereof. For good and adequate consideration, Lessor leases the Premises to Lessee, and Lessee hires them from Lessor, for the term and on the provisions contained in the Lease dated ockA Pv W , 2023, including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of Lessor in each instance, all as more specifically set forth in said Lease, which said Lease is incorporated in this Memorandum by this reference. The term is thirty (30) years, beginning (1C�t\CAV 10, 2023, and ending 6Cb\?2V 10 , 20t, and two (2) additional successive "Option Terms" of ten (10) years, on the same terms and conditions contained in the Lease. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used in interpreting the Lease's provisions. In the event of conflict between this Memorandum and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself. [SIGNATURES ON NEXT PAGE] Newport Aquatic Center, Inc. Page 1 ATTEST: 0 Leilani I. Brown City Clerk LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation and charter city By: !A� Gr e,j< Leung Cifyfoanager cgtz ovt`P APPROVED AS TO FORM:'; Iftmadoop- CITY ATTORNEY'S OFFICE By: —LIV, Aaron a r p �� Z5 z3 VX_ City Att ney LESSEE: NEWPORT AQUATIC CENTER, INC., a non- profit public benefit corporation By: Name: Its: SSG nod jn COUn By: I., rn1 10te!2of Name: Sjgne Its: Attachments: Exhibit 1 - Property Legal Description and Depiction Exhibit 2 - Premises Depiction Newport Aquatic Center, Inc. Page 2 LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation and charter city M Grace K. Leung City Manager ATTEST: an Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: —1A v Aaron arp City Aft ney LESSEE: NEWPORT AQUATIC CE�TER, INC., a non- profit public benefit Corp® ation By: X�Ci Z4j Name: Its: V E 1 r A"" a By: L Name: Z�,I'LL Atj'>t�Se� Its: f I2-E.P&j9-k F,- Attachments: Exhibit 1 - Property Legal Description and Depiction Exhibit 2 - Premises Depiction Newport Aquatic Center, Inc. Page 2 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. _ 44 On 20 efor e, ti C Notary Public, personally appeared ` ' A. "' who proved to me on the basis of satisfactory evidence to be the perso (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. 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 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. DAMIAN E. DELGADO Comm. # 2443509 rn NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY 7, 2027 (seal) State of California County of CA45�'Q s' } ss. On lD - 61 120 4vefn or m� uAWS C � Notary Public, personally appeared W` 1 proved to me on the basis of satisfactoryce to bethe perso 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 rye "�`TyF� DAMIAN E. DELGADO Cow # 2443509 rrnn NOTARY PUBLIC -CALIFORNIA UI ORANGE COUNTY uFosT`P MY COMM. EXP, APR. 7, 2027 (seal) Newport Aquatic Center, Inc. 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 1ZYA +--I U- } ss. On Ni-, 1(> , 20 7--3 before me,-� &Niv1 eEQ (-Arv1y rVtvvV Notary Public, personally appeared G0� i-) .-L l< Lev, -,IL" who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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(--), 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. ANNIFERANNMULV" 1 Notary public - California Orange County Commission Y 23752" My Camm. Exaires Oa 11. 2025 Signa ur (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 } ss. On 20 before me, Notary Public, personally appeared 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) Newport Aquatic Center, Inc. Page 3 EXHIBIT "1" Property Legal Description and Depiction Parcel 1: A parcel of land in Upper Newport Bay adjacent to Block 53, Irvine's Subdivision in the City of Newport Beach, County of Orange, state of California, as shown on a map recorded in book 1, page 88 of Miscellaneous Maps in the office of the County Recorder of said Orange County being bounded as follows: Bounded northerly and northwesterly by the southerly and southeasterly boundary lines of the land described in parcel 3 in a deed to the County of Orange, et al. recorded April 22, 1975 in book 11382, page 1923 of Official Records in the office of said county Recorder. Bounded southwesterly by the northeasterly line of North Star Lane as shown on a map of Tract No. 4224, recorded in book 157, pages 1 through 14 of said Miscellaneous Maps. Bounded easterly and southeasterly by the westerly line of that certain parcel of land described in a deed to the State of California, recorded May 30, 1976 in book 11688, page 1455 of said Official Records. Parcel 2: Beginning at Station 109 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No. 4224, as per map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County; thence along: said boundary the following described courses: 1. North 45' 21' 40" West 114.37 feet; 2. Northerly 23.56 feet along a 15.00 foot radius curve that is concave Easterly through an angle of 900 00' 00"; 3. North 45' 21' 40" West 60.00 feet; 4. North 44' 38' 20" East 487.52 feet; 5. North 560 00" 00" West 49.94 feet; 6. North 51 ° 23' 24" East 71.00 feet; 7. North 430 05' 44" East 72.38 feet; 8. North 340 55' 00" East 78.24 feet; 9. North 540 28' 12" East 144.11 feet; Newport Aquatic Center, Inc. Page 4 10. North 68' 23' 00" East 214.41 feet; 11. North 870 39' 32" East 364.50 feet; 12. South 74' 08' 02" East 124.04 feet to the Southwesterly corner of Lot 80 of said Tract; thence leaving said boundary. 13. South 160 16' 54" West 100.14 feet, more or less, to said Ordinary High Tide Line; thence along said Line the following described courses: 14. North 800 02' 37" West 152.20 feet; 15. South 87' 32' 32" West 164.98 feet; 16. South 820 17' 13" West 209.11 feet; 17. South 59' 23' 39" West 213.64 feet; 18. South 32' 52' 42" West 725.03 feet to the point of beginning. Newport Aquatic Center, Inc. Page 5 EXHIBIT "2" Premises Depiction Newport Aquatic Center, Inc. Page 6