HomeMy WebLinkAboutX2015-3098 - Misc (2)3ySO Vin Opor-ro.
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Applied Microbiological Services
ANALYTICAL REPORT.
ATTN; Jeff Sterbent2 i Rick Sterbentz /Jim Sterhentz March 03, 2017
CLIENT: Custom Plumbing, Inc
1329 Gladys Avenue
Long beach, CA 90804
SAMPLE DESCRIPTION: NOBU Restaurant, 3450 Via Oporto, Newport Beacb CA 92663
SERIES: S8685-8686 2 sets of s aopics
AMS BATCH NO.: 2,286
TESTS REQUESTED: T. Coliforrn MMO-MUG Colilur 052
Heterotrophic Place Count D26
METHODS: Colitbmr/ E, coli bacteria; Chromogenic substrate, PmsenceiAbsence, Method B 9223, Standarld Methods for the
aamination or Water and Waste %Vote, 20th ed.
HPC; Method -9215,Standard Methods for the EUMInotion of Water and Wane Water, 20th ed.
RESULTS: Please see the folloroim uatre(s).
DATE SAMPLED:
311/17
TIME SAMPLED: 13:00
DATE RECEIVED:.
VI 17
TIME RECEIVED: 15:00
DATE ON TEST:
311/17
TIME ON TEST: 15:30
ELAPSED TIME:
- :30min.
ACCEPTABLE: YES
1
t f
By: i� f a/li- W
Daniel B. Down, Microbiologist
Versha L. Patel, Bioeherhist
1538 W. Gaylord Street, Long Beach, CA .90813 WEBSITE: AMSLABS.COM
Ph: (562) 495-9500 Fs: (562) 495-9522 (888) 685-3330
mm o 000 -es-
CLIENT: --
Applied Microbiological Servic
Custom Plumbing, Inc
March 03, 2017
RESULTS.
AMS Batch No: 2,286
Client ID Conform Bacteria, Escherichia coli, HPC, 35 deg. C.
24h/35deg;C 24h/35dea C 48Hr CFU/mi
A Absent Absent 1,100
)3 Absent Absent 2,500
CFU= Colony Forming Units
1538 W. Gaylord Street, Long Beach, CA 90813 WEBSITE: AMSLABS.COM
Ph: (562) 495-9500 F7: (562) 495-9522 (888) 685-3330
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Attn: Lindsay Parton, Vice President
Lido Group Retail, LLC
60 S Market Street, #1120
San Jose, CA 95113
WITH CONFORMED COPIES TO:
City of Newport Beach
Attn: Planning Department
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658
Attn: Karen Tores, Director of Real Estate
Newport Healthcare Center, LLC
PO Box 6100
Newport Beach, CA 92658
Orange County
62 417 Al2 F13 33
0.00 0.00 0.00 0.00 96.00 0.00 0.00 0.00
PARKING COVENANT AGREEMENT
10500'
THIS PARKING COVENANT AGREEMENT ("Agreement") is made this
7th day of March, 2017, by Lido Group Retail, LLC, a California limited liability
company ("Licensee") and Newport Healthcare Center, LLC, a Delaware limited
liability company ("Licensor") to satisfy the requirements of the City of Newport Beach
("City') Conditional Use Permit No. UP2014-014 (PA2014-002) to property Lido
Marina Village (Address Range: 3636 Newport Boulevard, 3418 through 3444 Via
Lido, 3400 through 3505 Via Oporto, excluding 3456 Via Oporto) and the approved
parking management plan allowing a retail, restaurant, and office occupancies in
accordance with the City's Community Development Department, Planning Division
requirements:
WITNESSETH:
WHEREAS, the City has agreed that one hundred (100) legally established
off -site parking spaces (collectively, the "Off -Site Spaces") will be used to provide
required off-street parking spaces for Lido Marina Village, Newport Beach, CA 92660
owned by Licensee, which is legally described in Exhibit "A" attached hereto, herein
after referred to as the ("Subject Property");
WHEREAS, Licensor is the owner of the property depicted and legally
described in Exhibit "B" attached hereto, located at 540 Superior Avenue, in the City
f
of Newport Beach, County of Orange, state of California, herein after referred to as
the ("Off -Site Parking Lot"); and
WHEREAS, Newport Beach Municipal Code Section 20.40.100 provides as
follows:
A. Conditional Use Permit Required. Approval of a Conditional Use Permit
shall be required for a parking facility or any portion of required parking that is
not located on the same site it is intended to serve.
B. Findings. In order to approve a Conditional Use Permit for an off -site
parking facility the Commission shall make all of the following findings in
addition to those required for the approval of a Conditional Use Permit:
1. The parking facility is located within a convenient distance to the
use it is intended to serve;
2. On -street parking is not being counted towards meeting parking
requirements:
3. Use of the parking facility will not create undue traffic hazards or
impacts in the surrounding area; and
4. The parking facility will be permanently available, marked, and
maintained for the use it is intended to serve.
C. Parking Agreement A parking agreement, which guarantees the
long term availability of the parking facility for the use it is intended to
serve, shall be recorded with the County Recorder's Office. The
agreement shall be in a form approved by the City Attorney and the
Director.
D. Loss of Off -Site Parking.
1. Notification of City. The owner or operator of a business that
uses an approved off -site parking facility to satisfy the parking
requirements of this chapter shall immediately notify the Director of any
change of ownership or use of the property where the spaces are
located, or changes in the use that the spaces are intended to serve, or
of any termination or default of the agreement between the parties.
2. Effect of Termination of Agreement. Upon notification that the
agreement for the required off -site parking has terminated, the Director
shall establish a reasonable time in which one of the following shall
occur:
a. Substitute parking is provided that is acceptable to the
Director; or
b. The size or capacity of the use is reduced in proportion to
the parking spaces lost.
NOW, THEREFORE, the parties agree as follows:
A. On -site parking shall not be managed or priced in a way to unduly reduce on -
site parking utilization or create a clear incentive for employees, guests or patrons to
use public spaces in the neighborhood.
B. Licensee shall submit a monthly utilization report for the Lido Marina Village
parking structure and shuttle service showing parking over time and different days.
The reports shall be submitted monthly through and including January of 2018.
Periodic reports thereafter may be required by the City's Community Development
Director or the Planning Commission.
C. Parking management shall be monitored by Licensee and the City's
Community Development Department on an ongoing basis or as determined
necessary by the City's Community Development Director. The Community
Development Director may require review by the Planning Commission if parking
problems occur that are not adequately remedied by the applicant.
D. Off -site parking shall be subject to the terms and conditions as outlined in the
Parking License entered into between the parties on July 5, 2016, and the First
Amendment to the Parking License dated July 22, 2016, attached as Exhibit "C".
E. Licensee shall satisfy the parking requirements of Use Permit No. UP2014-
014 (PA2014-002),
F. Any request by Licensee for a reduction in the number of parking spaces, shall
be accompanied by a parking demand study based upon observed parking over time
showing that available on -site parking is sufficient to accommodate uses authorized
by Conditional Use Permit No. UP2014-002, thereby supporting a parking reduction.
[SIGNATURES ON NEXT PAGE]
0
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the dates written below.
LICENSEE: LIDO GROUP RETAIL, LLC
Date: -
By:
Lindsay Parton
Vice President
Date:
By:
Eric Sahn
Secretary
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S/a l Lf
By.
Aaron C.;Harp s+M+3
City Attorney
LICENSOR: NEWPORT HEALTHCARE
CENTER, LLC
Date:
By:
Sanford Smith
Chief Executive Officer
Date:
91
APPROVED FOR RECORDING:
COMMUNITY DEVELOPMENT DEPARTMENT
Date:
By:
Kimberly Brandt, AICP
Community Development Director
[Owner signatures must be notarized.]
Andrew Guarni
Chief Financial Officer
SfJ0A m c-o"KraH-
ATTACHMENTS:
EXHIBIT A:
Legal Description Subject Property
EXHIBIT B:
Legal Description Off -Site Parking
EXHIBIT C::
Parking License and First Amendment to Parking License
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the dates written below.
LICENSEE: LIDO GROUP RETAIL, LLC LICENSOR: NEWPORT HEALTHCARE
Date: CENTER, LLC
Date:
By: By.
Lindsay Parton Sanfor mi
Vice President Chief Executive Officer
Date: Date:
By: By:
Eric Sahn Andr w`Guarni
Secretary Chief Financial Officer
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3 / zi / I fi
hum 3 w •k1
City Attorney
APPROVED FOR RECORDING:
COMMUNITY DEVELOPMENT DEPARTMENT
Date:
By:
Kimberly Brandt, AICP
Community Development Director
[Owner signatures must be notarized.]
ATTACHMENTS:
EXHIBIT A:
Legal Description Subject Property
EXHIBIT B:
Legal Description Off -Site Parking
EXHIBIT C:
Parking License and First Amendment to Parking License
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 Orange J
On March 23 2017, before me, Debra Lee Hall notary public,
personally appeared _ Sanford smith who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument
and who acknowledged to me that he/she/they executed the same in their authorized capacity(ies), and
by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
under PENALTY OF PERJURY under the laws of the state of California that the foregoing
ih is true and correct. -- - - - - -
my ha d d offs se I Commission M 2099934
�r _ • Notary Public - California
• Orange County
(.Seal) RA., r..w..O ng:..:...uty1 nr
NOTARY 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 Orange )
On March 23 , 2017, before me, Debra Lee Hall notary public,
personally appeared. Andrew Guerei - who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument
and who acknowledged to me that he/she/they executed the same in their authorized capacity(ies), and
by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
under PENALTY OF PERJURY under the laws of the state of California that the foregoing
ih is true and correct.
THE S my ha an�o Ici s
DEBRA LEE HALL t
(Seal) Commission N 2099934 f
gnature of Notary) z Notary Public - California
Orange County
M Comm. Ex lres Feb 12, 2019
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the dates written below.
Eric Sahn
Secretary
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3 hl / ' -
1ww 3 "W 41
City Attorney
LICENSOR: NEWPORT HEALTHCARE
CENTER,LLC
Date:
By:
Sanford Smith
Chief Executive Officer
Date:
APPROVED FOR RECORDING:
COMMUNITY DEVELOPMENT DEPARTMENT
Date:
By:
Kimberly Brandt, AICP
Community Development Director
[Owner signatures must be notarized.]
Andrew Guam!
Chief Financial Officer
ATTACHMENTS:
EXHIBIT A:
Legal Description Subject Property
EXHIBIT B:
Legal Description Off -Site Parking
EXHIBIT C:
Parking License and First Amendment to Parking License
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 S4Lbdt Bmiiav" )
On M d -ch 2:'7 -V 20i before me, rryrl N- £51 e
(inserViame and title of the officer)
personally appeared L iyta SA,N P K D n
who proved to me on the basis of 96tisfactory evidence to be the personA whose nameW is/are-
subscribed to the within instrument and acknowledged to me that he/"/th'ay executed the same in
his/her/thefr authorized capacity(ies), and that by his/her/their signature(a) on the instrument the
personal, or the entity upon behalf of which the person($) 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. AWR4E
Commit" N 20606E4
NcWI Public • CbNtantb
Santa IIMb#rit CpINAir
,r-- CO�mr Nbr ' t7
Signature (Seal)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the dates written below.
LICENSEE: LIDO GROUP RETAIL, LLC LICENSOR: NEWPORT HEALTHCARE
Date: CENTER, LLC
Date:
By:
Lindsay Parton
Vice President
Date: 3128 1201- -
By:
Eric Sahn
Secretary
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3 /Lt 11 �-
A
Aaron C Har
City Attorney
ham+ B w•t1
By:
Sanford Smith
Chief Executive Officer
Date: -
By:
Andrew Guarni
Chief Financial Officer
APPROVED FOR RECORDING:
COMM ITY DEVELOPMENT DEPARTMENT
Date:
By:
Kimberly Brandt, AICP
Community Development Director
[Owner signatures must be notarized.]
ATTACHMENTS:
EXHIBIT A: Legal Description Subject Property
EXHIBIT B: Legal Description Off -Site Parking
EXHIBIT C: Parking License and First Amendment to Parking License
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 Caljtornia� n,G�
County of A4a: ll j
On Ma►tL 28-VIA 120 13C before me, Cake mo
(insbn name and title of the officer)
personally a
who proved
subscribed t
is er/their
person, ai
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. MARGIE OALEA
NO
3 CommISOM No.215M 3
3 NOTARY PUNie"LIFOW"
SAWA CWtA COUNTY
�� My0W". E0"jULY 4 2M
Signature (Seal)
EXHIBIT A
Legal Description Subject Property
Order Number: 656956-B
Page Number: 14
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Newport Beach, County of Orange, State of California, described as
follows:
:7aL•Iy4111113
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK63,; PAGE 11 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
APN: 423-123-03
;7:1:t.7q�1:I
LOTS 1121 AND 1122, AND THAT PORTION OF LOT 1123 OF SAID TRACT NO. 907, IN THE CITY
OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 28,'PAGES 25 THROUGH 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1123; THENCE NORTHWESTERLY 26.05
FEET ALONG THE NORTHEASTERLY LINE THEREOF TO A POINT 120.00 FEET MEASURED
THEREON FROM THE MOST EASTERLY CORNER OF SAID LOT 1121; THENCE SOUTHWESTERLY
40.00 FEET PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 1121; THENCE
SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT ON THE SOUTHWESTERLY LINE OF
SAID LOT 1123, DISTANT 92.50 FEET, MEASURED ALONG THE SOUTHWESTERLY LINES OF
SAID LOTS 1121, 1122 AND 1123 FROM THE MOST SOUTHERLY CORNER OF SAID LOT 1121;
THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE THEREOF TO THE MOST
SOUTHERLY CORNER OF SAID LOT 1123; THENCE NORTHEASTERLY 99.54 FEET ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 1123, TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION OF SAID LOT 1123 DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED
RECORDED 3ULY 17, 1952 IN BOOK 2357, PAGE 565, OFFICIAL RECORDS, SAID MOST
WESTERLY CORNER BEING NORTHWESTERLY 92.50 FEET, MEASURED ALONG THE
SOUTHWESTERLY LINES OF LOTS 1121, 1122 AND 1123, FROM THE MOST SOUTHERLY
CORNER OF SAID LOT 1121; THENCE NORTH 370 47' 26" EAST, 69.93 FEET ALONG THE
NORTHWESTERLY LINE OF SAID DEED TO AN ANGLE POINT IN SAID LINE; THENCE
CONTINUING ALONG SAID LINE NORTH 620 30' EAST 15.12 FEET; THENCE SOUTH 42° 0753"
WEST, 83.51 FEET TO THE POINT OF BEGINNING.
APN: 423-123-04
PARCEL C:
LOT 24 AND THE NORTHWESTERLY ONE-HALF OF LOT 23 OF TRACT NO. 1622, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY;
FlrstAmer%can Title Insurance Company
Order Number: 656956-B
Page Number: 15
APN: 423-123-05
PARCEL D:
LOTS 17, 18, 19, 20 AND 21 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK,47, PAGE 39 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM SAID LOT 17; THE SOUTHEASTERLY 30.00 FEET THEREOF.
ALSO EXCEPT ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW OR
HEREAFTER CONSTRUCTED OR LOCATED ON SAID REAL PROPERTY.
SAID LAND IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP, AS SHOWN ON A MAP
FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
APN: A PORTION OF 423-123-07
PARCEL E:
ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW LOCATED ON THE
LAND HEREINAFTER DESCRIBED AT THE DATE HEREOF, WHICH BUILDINGS AND
IMPROVEMENTS ARE, AND SHALL REMAIN, REAL PROPERTY.
LOTS 17, 18, 19, 20 AND 21 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM SAID LOT 17 THE SOUTHEASTERLY 30.00 FEET THEREOF.
SAID PROPERTY IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP, AS SHOWN ON A
MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
APN: A PORTION OF 423-123-07
PARCEL F:
LOTS 15 AND 16 AND THE SOUTHEASTERLY 30.00 FEET OF LOT 17 OF TRACT NO. 1622, IN
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK'47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT FROM SAID LOT 15, THE SOUTHEASTERLY 40.00 FEET THEREOF.
ALSO EXCEPT ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW OR
HEREAFTER CONSTRUCTED OR LOCATED ON SAID REAL PROPERTY.
SAID LAND IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAPS, AS SHOWN ON A MAP
FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
APN: A PORTION OF 423-123-08
FirstAmerican Title Insurance Company
Order Number: 656956-B
Page Number: 16
PARCEL G:
ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE OR HEREAFTER LOCATED
ON THE LAND HEREAFTER DESCRIBED AT THE DATE HEREOF, WHICH IMPROVEMENTS ARE
AND SHALL REMAIN, REAL PROPERTY.
LOTS 15 AND 16 OF THE SOUTHEASTERLY 30.00 FEET OF LOT 17 OF TRACT NO. 1622, IN THE
CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT FROM SAID LOT 15, THE SOUTHEASTERLY 40.00 FEET THEREOF.
SAID PROPERTY IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP, AS SHOWN ON A
MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
APN: A PORTION OF 423-123-08
PARCEL H:
LOTS 22 AND 23 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM SAID LOT 23, THE NORTHWESTERLY ONE-HALF THEREOF.
PURSUANT TO A CERTIFICATE OF COMPLIANCE NO. CO2015-184 RECORDED NOVEMBER 20,
2015 AS INSTRUMENT NO. 2015000599086 OF OFFICIAL RECORDS.
APN: 423-123-06
PARCEL1:
INTENTIONALLY OMITTED
PARCEL]:
INTENTIONALLY OMITTED
PARCEL K:
THAT PORTION OF LOT 3 OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST IN THE SAN
BERNARDINO MERIDIAN, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND
OFFICE AUGUST 4, 1980, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN LEASE TO
RICHFIELD OIL CORPORATION, RECORDED APRIL 23, 1954 IN BOOK 2714, PAGE 535, OFFICIAL
RECORDS, BEING A POINT ON THE NORTHWESTERLY LINE OF CENTRAL AVENUE, AS SHOWN
ON SHEET 9 OF MAP NO. 108 IN BOOK 2, PAGE 1 OF OFFICIAL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DISTANT ALONG SAID NORTHWESTERLY LINE NORTH
220 59' EAST 146.38 FEET FROM THE NORTHEASTERLY CORNER OF THE PARCEL OF LAND
First American Title Insurance Company
Order Number: 656956-B
Page Number: 17
DESCRIBED IN THE FINAL JUDGMENT ENTERED MARCH 17, 1936 IN AN ACTION ENTITLED
"CITY OF NEWPORT BEACH, PLAINTIFF, VS. C. CULP, AND OTHERS, DEFENDANTS", CASE NO.
33703, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF
ORANGE, A CERTIFIED COPY OF WHICH DECREE WAS RECORDED MARCH 18, 1936 IN BOOK
317, PAGE_SO, OFFICIAL RECORDS; THENCE NORTH 670 0V WEST 46.04 FEET ALONG THE
NORTHEASTERLY LINE OF SAID LEASE TO THE EASTERLY LINE OF THE RIGHT-OF-WAY OF THE
SOUTHERN PACIFIC RAILROAD, AS SAID RIGHT-OF-WAY IS DESCRIBED IN A DEED FROM
JAMES MCFADDEN TO SANTA ANA AND NEWPORT RAILWAY COMPANY, RECORDED MARCH 22,
1898 IN BOOK 78, PAGE 399, DEEDS, BEING NOW THE EASTERLY LINE OF THE STATE
HIGHWAY KNOWN AS NEWPORT BOULEVARD; THENCE NORTH 170 28' 23" EAST, 70.43 FEET
ALONG SAID EASTERLY LINE TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN
PARCEL 2, IN DEED TO GEORGE D. BUCCOLA, AND WIFE, RECORDED MARCH 28, 1957 IN
BOOK 3852, PAGE 421, OFFICIAL RECORDS; THENCE SOUTH 67101' EAST 52.77 FEET ALONG
THE SOUTHWESTERLY LINE OF SAID BUCCOLA LAND TO THE SAID NORTHWESTERLY LINE OF
CENTRAL ANGLE; THENCE SOUTH 220 59' WEST, 70.11 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED IN PARCEL 73819-1 OF THAT CERTAIN
FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 667537, A CERTIFIED COPY
OF WHICH WAS RECORDED NOVEMBER 20, 1997 AS INSTRUMENT NO, 19970592944 OF
OFFICIAL RECORDS.
APN: 423-121-06
PARCEL L:
THAT PORTION OF LOT 2 OF TRACT NO. 1117, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 35 PAGE 48, TOGETHER
WITH ALL OF LOT 1 OF TRACT NO. 1235, RECORDED IN BOOK 47, PAGE 24, BOTH OF
MISCELLANEOUS MAPS, RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 2;
THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, SAID LINE ALSO BEING THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF CENTRAL AVENUE (60 FEET IN WIDTH), NORTH 22°
59' 00" EAST 100.00 FEET TO THE POINT OF BEGINNING;
THENCE, CONTINUING ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF CENTRAL
AVENUE, NORTH 220 59' 00" EAST 160,00 FEET TO THE BEGINNING A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 10,00 FEET;
THENCE, NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE, THROUGH A
CENTRAL ANGEL OF 900 00' 00" AN ARC LENGTH OF 15.71 FEET TO THE NORTHEASTERLY LINE
OF SAID LOT 2, SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF VIA
OPORTO (48.00 FEET IN WIDTH);
THENCE, ALONG SAID RIGHT-OF-WAY LINE, SOUTH 670 Ol' 00" EAST 90.00 FEETTO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
162.55 FEET;
THENCE, SOUTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE, THROUGH A
CENTRAL ANGLE OF 390 31' 00" AN ARC LENGTH OF 112.11 FEET;
THENCE, TANGENT TO SAID CURVE AND ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE
First American Title Insurance Company
Order Number: 656956-B
Page Number: 18
OF VIA OPORTO, SOUTH 270 30' 00" EAST 177.65 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460.00 FEET;
THENCE, SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 9° 46' 08" AN
ARC LENGTH OF 78.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1;
THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, NORTH 670 01' 00" WEST 253.44
FEET TO THE NORTHERLY CORNER OF LOT 8 OF SAID TRACT NO. 1235;
THENCE, CONTINUING ALONG SAID SOUTHWESTERLY LINE OF LOT 1, SOUTH 220 59' 00"
WEST 75.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF VIA LIDO (100 FEET IN
WIDTH);
THENCE, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF VIA LIDO,
NORTH 670 01' 00" WEST 55.00 FEET TO THE SOUTHERLY CORNER OF LOT 9 OF SAID TRACT
NO. 1235;
THENCE; ALONG THE SOUTHEASTERLY LINE OF SAID LOT 9, NORTH 22° 59' 00" EAST 110.00
FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 9;
THENCE, ALONG THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF
SAID LOT 9, NORTH 670 01' 00" WEST 88.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL IS PURSUANT TO A LOT LINE ADJUSTMENT/LOT MERGER
RECORDED DECEMBER 23, 2014 AS INSTRUMENT NO. 2014000554773 OF OFFICIAL RECORDS,
AS PARCEL 2.
APN: 423-122-01 AND 423-122-02
PARCEL M:
INTENTIONALLY OMITTED
PARCEL N:
THAT PORTION OF LOT 2 OF TRACT NO. 1117, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 35, PAGE 48, TOGETHER
WITH ALL OF LOT 9 OF TRACT NO. 1235, RECORDED IN BOOK 47, PAGE 24, BOTH OF
MISCELLANEOUS MAPS, RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 2;
THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, SAID LINE ALSO BEING THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF CENTRAL AVENUE (60.00 FEET IN WIDTH), NORTH
220 59' 00" EAST 100.00 FEET TO A LINE PARALLEL WITH AND DISTANT 110.00 FEET
NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID
LOT 2;
THENCE, ALONG SAID PARALLEL LINE, SOUTH 67° Ol' 00" EAST 88.00 FEET TO A LINE
PARALLEL WITH AND DISTANT 88.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES,
FROM SAID NORTHWESTERLY LINE OF LOT 2;
THENCE, ALONG SAID PARALLEL LINE, SAID LINE ALSO BEING THE SOUTHEASTERLY LINE OF
First American Title Insurance Company
Order Number: 656956-B
Page Number: 19
SAID LOT 9, SOUTH 220 59' 00" WEST 110.00 FEET TO THE SOUTHERLY CORNER OF SAID LOT
9;
THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID LOTS 2 AND 9, SAID LINE ALSO BEING
THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID LOTS 2 AND 9, SAID LINE ALSO BEING
THE NORTHEASTERLY RIGHT-OF-WAY LINE OF VIA LIDO (100 FEET IN WIDTH), NORTH 670 01'
00" WEST 78.00 FEET TO AN ANGLE POINT ON SAID RIGHT-OF-WAY LINE;
THENCE, ALONG SAID RIGHT-OF-WAY LINE, NORTH 22° 01' 00" WEST 14.14 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL IS PURSUANT TO A LOT LINE ADJUSTMENT/LOT MERGER
RECORDED DECEMBER 23, 2014 AS INSTRUMENT NO, 2014000554773 OF OFFICIAL RECORDS,
AS PARCEL 1.
APN: 423-122-03
PARCEL 0:
INTENTIONALLY OMITTED
PARCEL P:
LOTS 7 AND 8 OF TRACT NO. 1235, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 47, PAGE 24 OF
_.
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNI�—A.
EXCEPTING THEREFROM THE NORTHWESTERLY HALF OF SAID LOT B.
APN: 423-122-05
PARCEL Q:
LOT 6 OF TRACT NO. 1235, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN'BOOK 47, PAGE 24 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 423-122-06
First American Title Insurance Company
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Exhibit B (S40 Superior Ave; APN 425-181-01)
That portion of Lot 169 in Block 2 of Irvine's Subdivision, in the City of Newport Beach, County of
Orange, State of California, as per a map recorded April 13,1899 in Book 1, Page 88 of Miscellaneous
Maps, and as shown on a map recorded October 22, 2014 in Book 273, Page 27 of Records of Survey, in
the Office of the County Recorder of said County, described as follows:
Beginning at a point on the northwesterly line of said Lot 169, said point being the most westerly corner
of the land described in the deed to the City of Newport Beach, recorded February 11, 1919 in book 330,
page 22 of Deeds; and as shown on the Record of Survey stated above;
Thence S 49°59'22" E, a distance of 50.00 feet, to the, True Point of Beginning (T.P.O.B.);
Thence along said northwesterly line of Lot 169, S 40°00'00" W, a distance of 674.34 feet to the
beginning of a tangent curve, concave easterly, having a radius of 25.00 feet;
Thence southerly through a central angle of 90"00'36", a distance of 39.27 feet to the beginning of a
tangent line;
Thence southeasterly parallel with the southwesterly line of the land described in deed to the State of
California, recorded July 15,1953 in book 2538, page 66 of Official Records of said Orange County,
S 49059'24" E, a distance of 921.43 feet, to the northwesterly line of the land described in Deed to the
State of California, recorded July 15, 1953 in Book 2538, Page 66 of Official Records of said Orange
County;
Thence N 25°04'07" E, a distance of 723.80 feet, to the said southwesterly line of the land described in
said deed (Book 330, Page 22);
Thence N 49'59'22" W, a distance of 760.11 feet, to the True Point of Beginning (T.P.O.B).
Area contains approximately 596,600 square feet (13.70 acres), more or less.
jParking Lot
Structure/Garage)
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h^° 596,600 sf
13.7 acres
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(Hoag Health Center - Parking Agreement) February 23, 2017
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EXHIBIT C
Parking License and First Amendment to Parking License
PARKING LICENSE
THIS PARKING LICENSE ("License") is made and entered into on July 5, 2016 by and between Newport
Healthcare Center, LLC a Delaware limited liability company and ("Licensor"), and Lldo Group Retail,
LLC a California limited liability company ("Licensee"), who agree as follows:
1. LICENSE OF PARKING SPACES..
Licensor hereby Licenses to Licensee, and Licensee Licenses from Licensor, not to exceed two
hundred (200) reserved and unassigned parking spaces in the parking garage, excluding the first and
second level, of the property commonly known as the Hoag Health Center, Newport Beach, located
at 530 Superior Avenue and 540 Superior Avenue, Newport Beach, CA ("Property"). License shall
not be permitted to park in any other area on the Property without the prior, express written
consent of Licensor.
2. TERM.
The term of the License shall be for a period of two (2) years ('Term"), commencing on Augustl,
2016 and terminating on July 31, 2018, for the days and times outlined below.
a) August 1, 2016 — November 30, 2016: One hundred (100) stalls. Thursday —Sunday
between the hours of 11:0Dam — 2:00am
b) December 1, 2016—July 31, 2018: Two hundred (200) stalls. Monday —Sunday between
thelours of 10:00am—2:00am
The term Is contingent upon approvals from all governmental agencies required. This contract
term may also be terminated by either party with sixty (60) day written notice.
3. RENT.
a) Rent. Licensee shall pay Licensor monthly rent as listed below,:
Months of Term
Rate Per Stall
Monthly Base Rent '
2-4
$4.00
$6,928.00
_..5-12
.$4.00
$24,248.00
13-24
$5.00
$30,31D.00
b) Time of Payment All rent due hereunder shall be due and payable in advance on the first day
of each calendar month without notice or demand, for the period of the Term and without
setoff.
4. RENEWAL OPTION.
Subject to the terms of this Section 3, Licensor hereby grants to Licensee the option to extend the
term for up to one (1) additional period of thirty (30) months, which Renewal Term shall begin
immediately following the Licensee's then term. If Licensee exercises its Renewal Option to _
extend the Term, Licensee shall continue to lease the Premises for the Renewal Term upon the
same terms and conditions set forth in this agreement except that the Monthly Base Rent for the
first year of the Renewal Term payable by Licensee to Licensor shall be the greater of the (i)
Monthly Base Rent payable under this lease for the first year of the Renewal Term as specified in
Section 3 above, and (11) the then prevailing fair market rental rate. Monthly Base Rent shall
thereafter increase, upon each anniversary of the commencement date of the Renewal Term, by
three percent (3%) per year for each succeeding year of the renewal Term. Accordingly, in no
event will the Monthly Base Rent for the first year of the renewal Term in question be less than
103% of the Monthly Base rent payable In the last year of the immediately preceding Term as a
result of fair market rental rate determination provided in Section 4.
S. HOLDING OVER.
If Licensee holds over after the expiration of the Licensee Term hereof, with or without the express
or implied consent of Licensor, such tenancy shall be from day-to-day only, and shall not constitute
a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a
daily rate equal to $2,500.00 per calendar day.
6. USE.
Licensee shall use the Parking Areas for parking purposes only for its customers and employees, in
accordance with the rules and regulations established by Licensor or its agent from time to time.
Route of travel for shuttle is hereby outlined in Exhibit A, Licensor reserves the right to modify route
for any reason with forty-eight hour written notice, which may be delivered to Licensee via regular
mall, fax or email.
7. TAXES.
Licensor shall pay, before delinquency, all real estate taxes and assessments levied or assessed
against the Parking Areas after the Commencement Date. However, Licensee shall pay any and all
governmental fees, taxes, or assessments levied or charged with respect to the use of the parking
spaces, which are the subject matter hereof.
8. UTILIIYSERVICES.
Licensor shall provide the gas, light, power, and telephone services necessary for the efficient
operation of the Parking Areas.
9. ALTERATIONS AND ADDITIONS.
Licensee shall not make any alterations, improvements or additions in or about the Parking Areas,
with the exception of signage approved In writing by Licensor for the direction of Licensees
customers, employees, or invitees to shuttle service.
10. NO BAILMENT.
a) THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO BAILMENT SHALL BE CREATED
BY THIS LICENSE AND LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO
THE PERSONAL PROPERTY OF LICENSEE, ITS EMPLOYEES, LICENSEES, OR INVITEES, OR ANY
ARTICLE LEFT THEREIN, WHETHER OR NOT THE CAUSE OF SAME IS DUE TO THE NEGLIGENCE OF
LICENSOR, ITS AGENTS OR EMPLOYEES.
11. INDEMNITY..
Licensee aggress to indemnify, defend, and hold Licensor and Hoag Memorial Hospital Presbyterian,
and each of its subsidiaries, Boards of Directors, Officers, Employees, and Agents and managers
("Indemnities" and "Indemnified Parties"), harmless from any claim, cause of action, damage,
liability or costs, including reasonable attorney's fees and costs of defense, arising from or related
to this License or Licensee's use of the Parking Areas and/or property.
12. INSURANCE.
During the term of this agreement, Licensee shall secure and maintain at all times during the term
of this agreement, at Licensee's sole expense, the Insurance coverage required herein, with
insurance companies rated A by the A.M. Best Company, Occurrence coverage Is preferred but if
claims made coverage is provided, it shall be maintained for a minimum of three (3) years after the
date of termination of this agreement.
Insurance required under this Agreement shall be:
Commercial General Liability (bodily injury, property damage, personal injury, and vehicle
liability) insurance, with a single limit of not less than $1,000,000 per Occurrence, or current
limit carried, whichever is greater, and $2,000,000 in the Aggregate, or current limits carried,
whichever Is greater. Coverage shall Include, without limitation, coverage for bodily injury,
including death; contractual liability specifically covering the indemnity obligations stated herein
and elsewhere in the Agreement, and personal injury including coverage for suits brought by
employees of Licensee.
Automobile Liability Insurance to cover, without limitation, claims based on automobile liability
(bodily injury and property damage) including coverage for all owned, hired and non -owned
automobiles with minimum limits of Two Million Dollars ($2,000,000) Combined Single Limit.
General Liability and Automobile Liability Insurance shall Include the following provisions, coverage,
and endorsements:
The Indemnified Parties, Newport Healthcare Center, LLC, Hoag Memorial Hospital Presbyterian
and California Commercial Real Estate Services shall be included as additional insured's
("Additional Insu red's").
Licensee and Licensee's insurance companies waive their rights to subrogation against the above
Additional Insureds.
The insurance carried by the Lessee shall include contractual liability endorsements insuring the
indemnity clause of this Agreement.
Licensee's insurance shall be primary coverage, and any insurance or self-insurance carried by
Indemnified Parties and Additional insured's shall be excess and noncontributory.
Thirty (30) days prior written notice of cancellation or material change In the insurance must be
given to Licensee.
Licensee shall provide the Licensor with a certificate of insurance and endorsements evidencing the
required coverage. Failure to secure and/or maintain insurance coverage under this Agreement shall
be considered a material breach of this Agreement. Nothing contained In this subsection shall be
read to limit Licensee's indemnity responsibility under this Agreement.
The failure to secure and maintain or add by endorsement any Indemnified Party shall not act as a
defense to the enforcement of the terms of the Agreement. Any such Insurance policy shall apply
separately to each insured against whom claim is made or suit is brought and shall contain no
provision, which excludes coverage of a claim made, byone insured under the policy againstanother
Insured under the policy.
13. ASSIGNMENT/SUBLETTING.
Licensees may only assign, sublet, mortgage, or otherwise transfer or encumber Its interest in this
License or the parking spaces Licensed hereunder with the prior written consent of Licensor.
14. DEFAULT.
Each of the following shall be a default by Licensee under this License (each, a "Default"): (1) if
Licensee fails to pay the rent due hereunder within 5 days after the due date and after notice from
Licensor of such failure; (ii) if Licensee breaches any other provision of this License and fails to cure
such breach within 30 days after notice from Licensor describing such breach; or (III) if a receiver
shall be appointed to take possession of substantially all of Licensee's assets or of Licensee's interest
In this License, or if Licensee shall make a general assignment or arrangement for the benefit of its
creditors, or if Licensee shall take any action under the federal bankruptcy code. Upon a Default,
Licensor, after giving the proper notice required by law, may (a) remove any property and any and
all persons from the Parking Areas in the manner allowed by law, and (b) at Licensor's option, either
terminate this License or maintain this License in full force and effect and recover the rent and other
charges as they become due, in which case Licensor shall have all of the rights and remedies
provided in California Civil Code Section 1751.4. In addition, Licensor may recover all rentals and any
other damages and pursue any other rights and remedies which the Licensor may have against the
Licensee by reason of such Default as provided by law.
15. NOTICES.
Whenever underthe License provision is made for notice or demand, it shall be in writing and signed
by or on behalf of the party giving the notice or making the demand; it shall be served either
personally or by registered or certified mail; If served personally, service shall be conclusively
deemed made upon delivery; if served by registered or certified mall, service shall be conclusively
deemed made seventy-two (72) hours after the deposit thereof in the United States mail, postage
prepaid, with return -receipt requested. Any notice or demand to either party shall be given at the
addresses appearing below:
Licensor: Licensee:
Newport Healthcare Center, LLC Lido Group Retail, LLC
510 Superior Avenue, Suite 290 c/o DIM Capital Partners, Inc.
Newport Beach, CA 92663 60 S. Market Street, Suite 1120
Attn: Director or Real Estate San lose, CA 95113
Attn: Eric Sahn
Either party may change its address for purposes of this paragraph by notifying the other party of
such change by the methods herein provided.
26. ATTORNEYS'FEES.
If either party hereto shall engage counsel to enforce or interpret this License or shall file any action
against the other party arising out of this License, or for a declaration of any rights hereunder, the
prevailing party therein shall be entitled to recover from the other party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in connection therewith.
17. MISCELLANEOUS.
a) Waiver of Default. The waiver of either party of any default in the performance by the other
party of any covenant contained herein shall not be construed to be a waiver of any preceding
or subsequent default of the same or any other covenant contained herein.
b) Successors. Subject to any restrictions or assignment set forth herein, each and every covenant
and condition of this License shall bind and Inure to the benefit of the parties hereto and their
respective heirs, legal representatives, successors, and assigns.
c) Interpretation: The captions for -each of the paragraphs of this License are inserted for
convenience only and shall have no effect upon the interpretation of this License, If either party
consists of more than one person, each person shall be jointly and severally liable hereunder.
No provisions of this License shall be interpreted for or against either party because that party
or that party's legal representative drafted such provision.
d) Reauestfor Consent ofApproval. Whenever under the terms of this License either Licensoes or
Licensee's consent or approval is required as a condition to action by the other parry, the
request for such consent or approval shall be in writing.
e) 'No.Benefit to Third Parties. The parties acknowledge and agree that the provisions of this
License are for the sole benefit of Licensor and Licensee and not for the benefit, directly, or
indirectly, of any other person entity, except as otherwise expressly provided herein.
No Brokers. Licensor and Licensee each represents and covenants to the other that there are
no brokerage commissions or finder's fees payable with respect to the transactions
contemplated by this License. Each party agrees to Indemnify, defend, and hold the other party
harmless from and against all demands, claims, losses, liabilities, actions, causes of action or
costs and expenses, Including, without limitation, attorneys fees, of any kind arising out of a
contention by any person or entity that any real estate commission or finder's fee is payable
because of the acts of such Indemnifying party. if such claim for a real estate commission or
finder's fee is claimed by reason of the actions of both parties, the party whose actions first gave
rise to such claims shall be responsible therefore.
g) Entireinstrument. This License contains the parties entire agreement with respect to subject '...
matter hereof and the parties agree and acknowledge that any and all agreements and
discussions heretofore or contemporaneously made by the parties with respect to the subject
matter hereof are set forth In this License. This License cannot be modified In any respect, except
by a writing executed by both of the parties hereto.
h) Use of Language: Words of any gender used in this License shall be held and construed to
Include any other gender, and words in the singular shall be held to include the plural, unless
the context requires otherwise.
i) Severabilitvo In the event that any provision of this License is found to be Invalid, unenforceable,
or illegal, it shall be deemed deleted from the License, and the balance of the provisions of this
License shall be valid and enforceable as to the parties as if the deleted portion were never a
party hereof.
LICENSOR: Newport Healthcare Center, LLC a Delaware limited liability
company
By:
Name: Sanford Smith
Title: CEO
Recommended for Signature:
By:
LICENSEE: Lido Grt
By:
"Exhibit W
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Sub -sublessor and Sub -sublessee have executed this Sub -sublease as of the day and year
first above written.
SUB -SUBLESSOR:
CSF MANAC EMENI, LLC,
a Californi*limitedli ilitycompany
Title:
BABAR IQBAL, , INC.
a California
dnc�ocpL
IItic: CEO...
By:
Name:
Title:
CONSENT OF SUBLESSO
The undersigned, as Sublessor under the Sublease, hereby consents to the terms of this
Sub -sublease as set forth herein. Further, Hoag Hospital hereby acknowledges and agrees that
Sub -sublessor is not in default in the performance of any of its obligations under the Sublease
and, to Hoag Hospital's knowledge, no event has occurred that, upon the passage of time or the
giving of notice, or both, would result in any event of default by Sub -sublessor.
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
By:-1 l- 11 1\
Name:
Title:
Date:
-26-
494S9963636L3
FIRST AMENDMENTTO THE PARKING LICENSEE
This First Amendment to the Parking Licensee ("License") is made and entered into on July 22, 2016 by
and between Newport Healthcare Center, LLC a Delaware limited liability company ("Licensor"), and
Lido Group Retail, LLC a California limited liability company, ("Licensee"), with reference to the
following facts:
RECITALS
A. Licensee is the Licensee under that certain Parking License agreement dated July 5, 2016 (said
agreement, including any other addenda or amendments attached thereto are collectively referred to
as the "License") covering certain premises (the "Property") known as 530 Superior Avenue and 540
Superior Avenue, Newport Beach, CA.
B. Licensor desires to modify the Term in the Agreement and Licensee has agreed to such modifications
on the terms and conditions set forth.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensorand
Licensee agree as follows:
AGREEMENT
1. Section 2 Term is hereby deleted in its entirety and replaced with the following:
TERM. The term of the Licensee shall be for a period of two (2) years ('Term"), commencing on
August 1, 2016 and terminating on July 31, 2018, for the days and times outlined below.
a) August 1, 2016 —November 30,2016: One hundred (100) stalls. Thursday —Sunday
between the hours of 11:OOam—2:OOam
b) December 1, 2016—July 31, 2018: Two hundred (200) stalls. Monday —Sunday between
the hours of 10:00am-2:00am
The term is contingent upon approvals from all governmental agencies required. This contract
term may also be terminated by either party with sixty (60) day written notice. For violations of
the Rules and Regulations per Exhibit B Parking Rules, Regulations, Penalties and Termination
attached hereto, this contract term may also be terminated by Llcensor with thirty (30) day written
notice to Licensee, which notice can be rescinded at Licensor sole and absolute discretion. For
serious violations of the rules and regulations, this contract may be terminated immediately.
2. Exhibit B, Parking Rules, Regulations, Penalties and Termination has been added.
3. No Oral Agreements. The License and this Amendment contain all of the agreements of the parties
with respect to the matters set forth herein, except for those terms and conditions incorporated
herein by references. There are no oral agreements or understandings between the parties hereto
affecting the License or this Amendment. Neither the License nor this Amendment can be changed or
terminated orally but only by an agreement in writing signed by the party against whom enforcement
or any waiver, change, modification or discharge is sought.
4. Definition of License. From and after the Effective Date, all references herein and in the License to the
"License" shall mean, unless the context clearly Indicates to the contrary, the Licensee as amended by
This Amendment.
S. License in Effect. Licensor and Licensee acknowledge and agree that the License, as hereby amended,
remains in full force and effect In accordance with its terms, and nothing In this Amendment shall
affect any of the covenants, conditions, or restriction set forth in the License except as specifically set
forth in this Amendment.
6. Counterparts. This Amendment may be executed In one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one instrument.
7. Authority. The person(s) executing this Amendment on behalf of each Licensee represent and warrant
that they are duly authorized so as to full and legally bind Licensee.
Each party may rely upon the facsimile signature of the other upon this First Amendment, which signatures
shall have the same force and effect as original signatures.
LICENSOR: Newport Healthcare Center, LLC a Delaware limited liability
company
By:
Name:- SanfordSmith
Title: CEO
Recommended for Signature: "
Name: Karen Torres
Title: Director, Real Estate
LICENSEE: Lido Group Retail, LLC�a California limited liability company
By:
Name: Lindsa a t
Title: Viee'Preside'
"Exhibit B"
PARKING RULES REGULATIONS, PENALTIES AND TERMINATION`
RULES ANDREGULA71ONS
1. Parking Facilities hours shall be 6:OOa.m. to 8:00p,m., however, Licensee shall have access to the
Project Parking Facilities on a 24 hour basis, 7 days a week. Licensee shall not store or permit its
"designated parkers" to store any automobiles in the Project Parking Facilities without the prior
written consent of the Licensor. Except for emergency repairs, Licensee and Its employees shall not
perform any work on any automobiles while located in the Parking Facilities, or on the Project. If it is
necessary for Licensee or its employees to leave an automobile in the Parking Facilities overnight,
Licensee shall provide the Licensorwith prior notice thereof designating the Licensee plate number
and model of such automobile. Any vehicle remaining in the garage for more than five (5) continuous
days shall be deemed abandoned and removed. Neither the Licensor nor any entity participating in the
removal shall have any liability to any person for any loss or damage on account of such removal. All
costs accrued In such removal or abandonment accrues to the Licensee or vehicle owner.
2. Definition of Designated Parkers. Designated Parkers shall Include Licensee's employees, Licensee's
Tenants, Licensee's Tenants employees, but not any invitees, agents or contractors of licensee or
Licensee's Tenants.
3. The Licensor may establish, revise and distribute new rules and regulations at any time relating to the
proper use of the Parking Facility. Licensee's designated parkers and shuttle drivers must comply with
these rules and regulations and all other applicable State and City laws and ordinances, and will follow
safe driving and parking practices at all times while In the Parking Facility or Project.
4. Licensee's designated parkers may park personal vehicles only complying with the height, weight, and
size limits of the garage. Generally, these are personal vehicles of such a length and width that will fit
within a conventional parking space.
S. Cars must be parked entirely within the stall lines painted on the floor.
6. All directional signs and arrows must be observed.
7. The speed limit shall be 5 miles per hour.
8. Parking spaces reserved for spaces for handicapped persons must be used only by vehicles properly
designated.
9, Parking is prohibited in all areas not expressly designated for parking, Including without limitation:
a. areas not striped for parking
b. aisles
c. where "no parking" signs are posted
d. ramps
e. loading zones
f. 1'1 and 2" floor of parking either parking structure
g. surface parking lots)
10. Trash and garbage always shall be placed in the trash and recycle containers provided by Licensor, and
container lids, if any, must be kept tightly closed at all times.
11. No smoking or e-cigarettes are permitted in the Parking Facility or Project.
12. Parking stickers, key cards or any forms of identifications or entry supply of identification or entry
("Parking Devices") supplied by the Licensor shall remain the property of the Licensor. Such parking
device must be displayed as requested and may not be mutilated in any manner, The serial number of
the parking devices may not be obliterated. Parking devices are not transferable and any parking
device in the possession of an unauthorized holder will be void.
13. Parking devices shall be returned to Licensor upon expiration or early termination of parking
agreement. The cost to replace any lost, stolen or damaged devices is $25.00 per device.
14. Parking Facilities managers or attendants are not authorized to make or allow any exceptions to these
Rules.
15. Every designated parker is required to park and lock his/her own car.
16. Loss or theft of parking devices must be reported to Licensor immediately. Any parking devices
reported lost or stolen found on any designated parkers vehicle car will be confiscated and the illegal
holder will be subject to prosecution. Lost or stolen parking devices found by Licensee or its employees
must be reported to the Licensor immediately.
17. Washing, waxing, cleaning or servicing of any vehicle by the customer and/or his agents is prohibited
except by Licensor or Licensoe's vendors or concessionaires. Parking spaces may be used only for
parking automobiles.
18. By signing this Parking Agreement, Licensee agrees to acquaint all persons to whom Licensee assigns a
parking pass with these Rules.
19. Licensee hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes
of action for personal injury or property damage occurring to Licensee arising as a result of parking in
the Project Parking Facilities, or any activities Incidental thereto, wherever or however the same may
occur, and further agrees that Licensee will not prosecute any claim for personal injury or property
damage against Licensor or any of Its officers, agents, servants or employees for any said causes of
action.
PENALTIES AND TERMINATION
1'toffense: Warning citation
2" offense: $2,500.00 fine and Issuance of a thirty (30) day notice to terminate parking
Licensee agreement, which notice can be rescinded at Licensor's sole and absolute discretion.
3'" offense: Immediate termination of parking Licensee agreement.
All fines and fees will be charged back to the Licensee responsible for the violating party and will appear on the
Licensee's monthly rent statement.
RECORDING REQUESTED BY
FATCO
AND WHEN RECORDED MAIL OOCUMENTAND
TA%STATEMENTTO:
"m Rogers, Sheffield, Campbell LLP
427 E Carrillo St
W DETE' Santa Barbara Ca 93101
T
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
�IIIIII I I illlll III IIIII IIIII 11111111111 Hill IIIII 1111111111 jlll lIIJ 11III Jill 33.00
* $ R 0 0 0 9 0 3 5 5 7 3$
2017000044865 3:49 pm 01/31/17
65 401 ED1 F13 9
0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00
Dtt: $ SPACE ABOVE FOR RECORDER'S USE ONLY
Easement
Title of Document
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
Mail Tax Statements To Same As Above
First American Title Company has recorded
J this instrument by request as an accom-
modation only and has not examined it for
regularity and or as to its effect
upon the title to asu
fficiency
property that may
be described herein.
*89"APOWNWnr
National Commercial Servion
3281 E. Guosn Road Suite 440
OMarla0ald0mb 91761
Whom Reeorded, Retva To:
Rogee, Sbeffielddr Campbell, LLP
427But Cenillo Street
Sass Babas, CA 93101
Aft BRL
EASEMENT Rl!'.4ERVATION
for
No Boo Esreno t
TRW EASEMENT RESERVATION (tine "De daratlsn' j is made as of the Bffwdve
Dab (as defined below) by LIDO GROUP RETAIL., IIC, a Califcania limited liability eompmy
("Deelariew), with ref vise to the following facts:
A. Declwmt owns a lwehold estate in that certain real property in Omtrge County,
Califomia that is more patiolilarlydeacaibed on the attached &IOU (the"3410 Fame)
B. Declarant owns the fee simple elate in that carom reel property in Orange
County, California that is mot Pwbc ady described on the atreched g (the 43M
E.t.a").
C. Decdanot dosses to establish a no build eurment for the purpose of ceeh eft
any fatal building of ahuchaee greater than 6.00 feat in height on the 3440 au% for the
benefit of the 345014emio, on the tame and oondidoos of" Dederdion.
NOW, THEREFORE, Declamt haft dedaee as follows:
1• ALM=mt Decmnt hereby eatablishn the wenumt deemhbed on to
atb rLed FAMA over dW portion of the 3440 Bstate that is more parhodwly daaibed on the
attached AdMA and which is generally depicted on tba attached zzmw Such easement
shell be non-ndu&ive and aball be for the benefit ofAw 34S011emte.
L MAU Ded rent reserves to the eetate(s) burdened by such easement all odor
uses in the eaeemmt area. In addition, the esmte(s) burdened by each omment &ball at all limas
have the rights (i) to use the easement eta in my way that does not umawonably impair the use
ofthe moonent area by the eahte(s) bene6tred by the easement for the intended purpose, sod (ii)
to grant nesaaclusive ngbm on, over, under. upon, and d rough, the emoomit am so long as
such noneaduaive rights do not urwmmonably impav the use of the moment area by the comb(&)
befitted by tha wement for the intended pmposa
PW 100
I AthmMays' Fares. if any action or proceeding is brought to construe or enforce this
Dwlomd n at the rights of the parties havander, rhea dw party prevailing in such action shell be
Maned to raeover all Coact costs and renonsble aftnwps' fear, to be Seed by the court as paR
ofits judgneot.
4. Effecdw lbia Declaration dwH become effective on the date it is recorded in the
Office of the County Radar of0moge County, California (the "Effective Date').
& if not Coon taminabd, this Declaration and all easements and dob
amud by Ibis Dedaraion shall tonumato upon termination of Doclasufs leasehold a to m
the 3440 Estate,
l me.fonowJ
Page 2 of 3
IN WITNESS WHEREOF, Dadaceat has executed this Etttumeat Declaration as of the
Effective Date.
LIDO GROUP MAIL, LLC,
a Califamia limited liability company
Natt2agt'.IG SA
'istle: V ►Ctv 4 tes►dtl►�
Alydw du orcharWMb lP athiso umlto a.'j
colytheidtrdryofariodividalwhoaiaoalPoedooamaotto
whieh thin eettificata is awehad, aad roe 9ie aorhfiduse, ac�acy
orvvHftofthadocwwxi
STATE OFCAIMRNIA )
COMYOF 3*a 0-lar0.
On N v IA i MIGhalhre ma,_M e
petsonslly,ppared LIM, SUM
evidaooe to he the pore whore
(lS�4haAhey etrewmd the � &= r odho¢ a
asatammt, the peroa(�'f, ort o emtyupon hdhalf of wbhfi
bale awo a Noony POW
proved to ata on the tams of awa6dory
bi Out
f *0Zbyer* wpow to man
.amd, me ioanameal
i Mt* ®der PENALTY OF PH UMY coder aie Lws of the Seta of Cafiforma Chet the fergomg
pragn ph is am and cus, -
w17NESS myhaod and 0www sal.
4 .
NN
hlio
Page 3 of 3
MMOM GALWUZ
AEMCWAM" No.215904
NOTARY PUNJO-rNLIFWDaA
SWrA CLAM CAIMRY
Ny Comm. EapMs JULY & 2=
Notary Seal
Under the provisions of Government Code 27361.7, I certify under the penalty of perjury
that the Notary Seal on the document to which this statement is attached reads as follows:
Name of Notary: \v T yi \ Q, ` i CA�tAM
Commission # 2. EA 412- q
Date Commission Expires: Jy l '�) -20ZJ
County where Bond is filed :SUM LAUV-�
Vendor:
Place of Execution: San Bernardino
Date:
Signature:
A.Salters
N cc-1
LEGAL DESCRIPTION OF 3440 ESTATE
A leasehold estate in the following property:
LOTS 1121 AND 1122, AND THAT PORTION OF LOT 1123 OF SAID TRACT NO.907, IN
TIM CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK23, PAGES 25 THROUGH 36 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1123; THENCE
NORTHWESTERLY 26.05 FEET ALONG THE NORTHEASTERLY LINE THEREOF TO A
POINT 120.00 FEET MEASURED THEREON FROM THE MOST EASTERLY CORNER OF
SAID LOT 1121; THENCE SOUTHWESTERLY 40.00 FEET PARALLEL WITH THE
SOUTHEASTERLY LINE OF SAID LOT 1121; THENCE SOUTHWESTERLY ALONG A
STRAIGHT LINE TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 1123,
DISTANT 92.50 FEET, MEASURED ALONG THE SOUTHWESTERLY LINES OF SAID
LOTS 1121,1122 AND 1123 FROM THE MOST SOUTHERLY CORNER OF SAID LOT
1121; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE THEREOF TO
THE MOST SOUTHERLY CORNER OF SAID LOT 1123; THENCE NORTHEASTERLY
99.54 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1123, TO THE POINT
OF BBODUMO.
EXCEPT THAT PORTION OF SAID LOT 1123 DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A
DEED RECORDED IULY 17,1952 IN BOOK 2357, PAGE 565, OFFICIAL RECORDS, SAID
MOST WESTERLY CORNER BEING NORTHWESTERLY 92.50 FEET, MEASURED
ALONG THE SOUTHWESTERLY LINES OF LOTS 1121,1122 AND 1123, FROM THE
MOST SOUTHERLY CORNER OF SAID LOT 1121; THENCE NORTH 37" 4T 26" EAST,
69.93 FEET ALONG THE NORTHWESTERLY LINE OF SAID DEED TO AN ANGLE
POINT IN SAID LINE, THENCE CONTINUING ALONG SAID LINE NORTH 62° 39 EAST
15.12 FEET; THENCE SOUTH 420 071530 WEST, 93.51 FEET TO THE POINT OF
BEGINNING.
APN: 423-123-04
Exhibit 1
LEGAL DESCRIPTION OF 3450 ESTATE
Fao simple agitate in the following pmpwr.
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FUM IN BOOK 63, PAGE 11 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 423-123-03
Exhibit 2
EXHIBIT'A'
LEGAL DESCRIPTION FOR
NO BUILD EASEMENT(20.00 WIDE)
AN EASEMENT FOR THE PURPOSES OF THE RESTRICTION OF ANY FUTURE BUILDING OF STRUCTURES
GREATER THAN 6.00 FEET IN HEIGHT, SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA BEING A 20.00 FOOT WIDE STRIP WHOSE CENTERLINE 15 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT ON THE LINE DESCRIBED AS UNITED STATES GOVERNMENT BULKHEAD LINE AS
SHOWN ON SHEET NUMBER 12 OF THAT CERTAIN MAP FILED AS TRACT NUMBER 907 RECORDED IN
BOOK 28 OF MISCELLANEOUS MAPS PAGES 25 THROUGH 36 INCLUSIVE IN THE RECORDER'S OFFICE OF
SAID COUNTY, SAID POINT OF BEGINNING LYING ALONG SAID NORTHEAST LINE SOUTH 26' 34' Sr EAST
A DISTANCE OF 10.OD FEET FROM THE EASTERLYMOST CORNER OF PARCEL ONE AS SHOWN ON THAT
CERTAIN PARCEL MAP RECORDED IN BOOK 63 OF PARCEL MAPS ON PAGE it IN THE RECORDER'S
OFFICE OF SAID COUNTY; THENCE ALONG A LINE PARALLEL WITH AND 20.00 FEET DISTANTAT RIGHT
ANGLES FROM THE EASTERLY LINE OF SAID PARCEL ONE THE FOLLOWING TWO (2) COURSES:
1. SOUTH 630 23240 WEST A DISTANCE OF 23.14 FEET;
2. SOUTH 43' 01' 17' WEST DISTANCE OF 81.77 FEET TO THE NORTHEAST RIGHT OF WAY LINE
OF VIA OPORTO AND THE END OF THE HEREIN DESCRIBED CENTERLINE.
SIDELINES TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE AT SAID UNITED STATES
GOVERNMENT BULKHEAD LINE AND NORTHEAST RIGHT OF WAY LINE OF VIA OPORTO.
SAID EASEMENT CONTAINS 2098 SQUARE FEET, MORE OR LESS.
SAID EASEMENT IS ALSO SHOWN IN EXHIBIT W ATTACHED HEREWITH AND MADE A PART HEREOF.
U.S. GOVERNMENT
BULKHEAD LINE _
/ EASTERLY CORNER
/ \ OF PARCEL ONE
\
\ PARCEL
\ 83
z
P.O.B.
!zfWpo
23' 24• E 23.14' `II
NO BUILD EASEw-4r
\ I
� , I
N1}3.01'1TE 81.7i
GRAPHIC SCALE
0 15 30 80 12
(IN FEET)
1 "■ 30 It.
rAITAN0AS80CWTE8
S
EXHIBIT
EXHIBRB
BGY.E
11Arrr OECENt
LIDO VILL MARINA
1�
RAN� C CA ��
18435-,
PH.818896�2M1
NEWPORT BEACH, CA
DATE 07-1a16
FX 910435�2808
20' WIDE NO -BUILD EASEMENT
SHWr � d I