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