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HomeMy WebLinkAboutC-1955(A) - West Balboa Boulevard, 1600 - Memorandum of Commencement Date (Date of Possession) "Girl Scout House"RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Recorded in Official Records, Orange County Hugh Nguyen Clerk -Recorder II I I 111111 1 1111 1 IIII 111 1 *$ R 0 0 0 8 1 1 4 7 4 9$ 2016000035907 9:47 am 01/27/16 7402M10 6 0.00 0.00 0.00 0.0015.00 0.00 0.00 0.00 * Space above this line for Recorder's use only. Exempt Recording Request per Government Code Section 27383 MEMORANDUM OF COMMENCEMENT DATE (DATE OF POSSESSION) NOTE: TRIPLICATE COPIES OF THE MEMORANDUM OF COMMENCMENT DATE (DATE OF POSSESSION) WERE RECORDED ON 01/27/16 IN THE OFFICIAL RECORDS OF ORANGE COUNTY INSTRUMENT NO. 2016000035907 INSTRUMENT NO. 2016000035908 INSTRUMENT NO. 2016000035909 NO FEE RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Space above this line for Recorder's use only. Exempt Recording Request per Government Code Section 27383 MEMORANDUM OF COMMENCEMENT DATE (DATE OF POSSESSION) Pursuant to that certain document entitled "Ground Lease by and between the City of Newport Beach and the Girl Scouts of Orange County" recorded as Instrument No. 2013000409086 on July 8, 2013, in the Official Records of Orange County (the "Lease"), this Memorandum of Commencement Date (Date of Possession) confirms that the parties to the Lease for of the real property legally described and depicted in the attached Exhibit "A," agree that the Date of Possession under the Lease shall be Jan u,ur V 1.1 , ,2e>i rQ and that the term of the Lease expires on the 50th anniversary of that date, unless otherwise agreed to by parties. CITY OF NEWPORT BEACH: Dave Ki City Manager APPROVED AS TO FORM CITY OF NEWPORT BEACH: Aaron Harp City Attorney for City of Newport Beach ATTEST: CITY OF NEWPORT BEACH Leilani Brown City Clerk for City of Newport Beach ACKNOWLEDGED AND AGREED: irl Scou s of Orig ounty Dated 1(iii(,/ Dated �%5114p CALIFORNIA ALL-PURPOSE ACKNOWLEDGM CIVIL CODE § 1189 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 \L-71N'1� On 42-1 -2 S 201 Lbefore me, ._Fi tut Vag:, -IZ i�i C Date Here Insert Name and Title of the Officer personally appeared " Name(s) of Signer(s) 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 signature(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. z JENNIFER ANN MULVEY Commission # 2045022 Notary Public - California Orange County M. Comm. Ex ' fires Oct 12, 2017 Place Notary Seal Above WITNESS my ha d and official seal. Signature OPTIONAL Signature :f Nota Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee E Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 MEMORANDUM OF COMMENCEMENT DATE EXHIBIT A Coast Surveying, tic. April 29, 2013 LEASE DESCRIPTION THAT PORTION OF FILLED TIDE AND SUBMERGED LAND AND A PORTION OF SWAMP AND OVERFLOWED LANDS LOCATION NUMBER 3089 PATENT TO JAMES MCFADDEN ON MAY 16, 1892, SITUATE IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 16 OF BLOCK 117, SECTION B, NEWPORT BEACH AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF 18TH STREET (40 FEET WIDE); THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 10°36'36" EAST 106.15 FEET; THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 79°23'24" EAST 14.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 10°36'36" EAST 58.92 FEET; THENCE SOUTH 79°23'24" EAST 3.50 FEET; THENCE NORTH 10°36'36" EAST 16.59 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 54.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 14°21'08" WEST; THENCE NORTHEASTERLY 26.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°45'27" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 54.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 13°24'19" WEST; THENCE SOUTHEASTERLY 52.20 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°23'21"; THENCE NONTANGENT SOUTH 28°55'40" WEST 5.27 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 54.00 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 28°34'18" WEST; THENCE SOUTHEASTERLY 16.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°51'17"; THENCE NONTANGENT SOUTH 20°36'39" WEST 14.81 FEET; THENCE SOUTH 69°23'21" EAST 4.91 FEET; THENCE SOUTH 20°36'39" WEST 53.27 FEET; THENCE SOUTH 43°40'33" EAST 9.90 FEET; THENCE SOUTH 31°35'19" WEST 4.31 FEET; THENCE NORTH 67°16'47" WEST 44.45 FEET; THENCE NORTH 79°23'24" WEST 29.28 FEET; THENCE SOUTH 10°36'36" WEST 0.83 FEET; THENCE NORTH 79°23'24" WEST 20.75 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 7,326 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 1gt DAY OF MAY, 2013 GWEN-VERA DEL CASTILLO, PLS 5108 VIEUX PC-4-Or 0 JOB #: 107-005 DATE: 4 /2_ 6 /13 SHEET 1 OF 1 N 14'21'08"E (RAD) 0 co o GILL SCOUT LEASE N13'24'19"V! (RAD PRC) 1 2 3 4 5 8 1 2 3 4 5 6 7 8 N41'59'02"E RAD N10'43'01'E (RAD) BEARING NIO' 36' 36' E S79' 23' 24' E NIO' 36' 36' E S79'23'24E N 10' 36' 36' E S28' 55' 40' W S20' 36' 39' W S69' 23' 21' E S20' 36' 39' W S43' 40' 33' E S31'35' 19'W N67' 16' 47' W N79' 23' 24' W S10'36'36'W N79' 23' 24' W RADIUS 6 54. 00' 7 54, 00' 9 54. 00' DEL 27' 55' 17' DISTANCE 106. 15' 14. 00' 58. 92' 3, 50' 16. 59' 5. 27' 14. 81' 4, 91' 53, 27' 9. 90' 4. 31' 44. 45' 29. 28' 0. 83' 20. 75' TA LENGTH 45' 27' 26. 16' 23' 21' 52. 20' 51' 17' 16. 83' COGS/ SURVEYING, INC. 15031 PARKWAY LOOP. SUITE B TUSTIN, CA 92780-6527 (714) 918-6266 it of orange county Girl Scouts of Orange County 9500 Toledo Way, Suite 100 Irvine, CA 92618 949-461-8800 800-979-9444 GirlScoutsOC.org January 4, 2016 City Manager City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658-8915 Re: Ground Lease by and between the City of Newport Beach ("City") and the Girl Scouts of Orange County ("GSOC") (the "Lease"); Notice of Acceptance of Property Ladies and Gentlemen: Pursuant to Section 3.2 of the Lease, on January 4, 2016, the GSOC conducted an inspection and investigation of the physical condition of the Property. Based upon such investigations and inspections, this shall constitute GSOC's written notice of acceptance of the Property in its "as is" condition. In light of the foregoing, you are hereby requested to cause the City Surveyor to issue certification from the City to GSOC as to the rough grade of the Property. Please do not hesitate to contact me if you have any questions or need additional information with regard to this matter. Very truly yours, GIRL SCOUTS OF ORANGE COUNTY By: (Nancy1ygrcn Chief Executive Offfcer cc: Real Estate Division City Attorney Girl Scouting builds girls of courage, confidence, and character, who make the world a better place. January 4, 2016 Girl Scouts of Orange County Attn: Nancy Nygren, CEO 9500 Toledo Way Irvine, CA 92616 100 Civic Center Drive Newport Beach, California 92660 949 644-3001 1 949 644-3020 FAX newportbeachca.gov Re: Ground Lease Between The Girl Scouts of Orange County and City of Newport Beach Pertaining to 200 18th Street., Newport Beach ACCEPTANCE NOTICE / DATE OF POSSESSION / DELIVERY OF SURVEYOR CERTIFICATE/COMMENCMENT OF CONSTRUCTION BY GSOC Dear Ms. Nygren: We understand that, pursuant to the Ground Lease by and between the City of Newport Beach and the Girl Scouts of Orange County (GSOC) recorded as Instrument No. 2013000409086 on July 8, 2013, in the Official Records of Orange County (the "Lease"), GSOC has requested possession of the Property and authority to commence construction of Improvements on the Property as those terms are defined in the Lease. In order to accommodate this request, GSOC must first provide its written notice of acceptance of the Property in an "AS IS" condition. To this end, please contact Project Manager Iris Lee, to arrange an inspection as necessary to complete GSOC's investigation of the physical conditions of the Property that could affect GSOC's use, enjoyment and improvement of the Property. Following the City's receipt of written notice of GSOC's acceptance of the Property in an "AS IS" condition, the City will deliver a surveyor certificate as to the rough grade of the property. The date of GSOC's receipt of the surveyor certificate shall be the Date of Possession pursuant to Paragraph 3.2 of the Lease. To memorialize this date, a Memorandum of Commencement Date (Date of Possession) in substantially the same form attached hereto will be recorded in the Official Records of the Orange County Clerk -Recorder. The Memorandum of Commencement Date (Date of Possession) will refer to the Date of Possession as the date of signature by the City Manager below. GSOC agrees to promptly provide an executed copy of the Memorandum to City, and City agrees to record the same and provide a conformed copy to GSOC. City Manager's 0ff Ms. Nancy Nygren January 4, 2016 Page 2 The City anticipates filing a Notice of Completion for the Marina Park Community Center in March 2016. Notwithstanding Paragraph 8.5.2, GSOC has requested that it be allowed to commence construction on .d trtitt v-t,( H , 2016. City will authorize GSOC to commence construction on ,S 6,4 itztry I , 20'16, upon satisfaction of all the following conditions: (1) GSOC has obtained all necessary regulatory approvals and permits; (2) GSOC has provided written notice of acceptance and executed the Memorandum of Date of Possession and delivered the same to the City; and, (3) GSOC agrees to work cooperatively with the City and in good faith to address any interference with the City's Marina Park project. By its signature below, GSOC agrees that it will abide by the terms of this letter agreement continue to work cooperatively and in good faith with the City in carrying out the tasks set forth herein. Sincerely, CITY OF NEWPORT BEACH Dave KKfity Manager DATED: GSOC hereby agrees and acknowledges that it shall abide by the terms of this letter agreement. GSOC agrees that any breach of the terms of this certificate shall be considered a material breach of the Lease. Agreed and Approved: GIRL SCOUTS OF ORANGE COUNTY 7/ Nancy Nyrfen, C DATE: //51//�