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Home My WebLink AboutC-7676-1A - Memorandum of Amendment No. 6 to Ground Lease (Bayview Landing Open Space - Newport Dunes Entrance)Recording Requested by Fidelity National Title RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Nossaman LLP 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 Attn: Kenneth S. Kramer, Esq. A44V1 00A --`74w-605 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 97.00 *$ R 0 0 1 4 9 9 1 2 4 2$ 20240001462721:30 pm 06/12/24 486 412A M 11 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.0075.00 0.00 (Space Above this Line for Recorder's Use Only) MEMORANDUM OF AMENDMENT NO. 6 TO GROUND LEASE (Short Form Memorandum) THIS MEMORANDUM OF . AMENDMENT NO. 6 TO GROUND LEASE (this "Memorandum") dated as of iMA4 21 , 20A is made by and between THE CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("Lessor"), and NEWPORT DUNES MARINA, LLC, a California limited liability company, and WATERFRONT RESORT PROPERTIES L.P., a California limited partnership, (collectively, "Lessee"). WITNESSETH: Lessor and Lessee are the current lessor and lessee under that certain Ground Lease dated as of June 1, 1962 (the "Initial Ground Lease"), a Memorandum of which was recorded in Book 6233, Page 853 of the Official Records of Orange County, California. The Initial Ground Lease has been previously amended by Amendment No. 1 to Ground Lease dated as of April 1, 1966, Amendment No. 2 to Ground Lease dated as of December 1, 1970, Amendment No. 3 to Ground Lease dated as of March 28, 1984, Amendment No. 4 to Ground Lease dated as of February 10, 1989, and Amendment No. 5 to Ground Lease dated as of July 14, 2003 (as amended, the "Ground Lease"). Amendment No. 6 to Ground Lease, among other things, modifies the term of the Ground Lease. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows: 62384182.v2 FIDELITY NATIONAL TITLE INSURANCE COMPANY HAS RECORDED THIS INSTRUMENT BY REQUEST AS AN ACCOMMODATION ONLY AND HAS NOT EXAMINED IT FOR REGULARITY AND SUFFICIENCY OR AS TO ITS EFFECT UPON THE TITTLE TO ANY REAL PROPERTY THAT MAY BE DESCRIBED THEREIN. 1. The term of the Ground Lease commenced on June 1, 1962 and pursuant to Amendment No. 6 to Ground Lease is extended to and shall expire on February 7, 2042. 2. Should there be any inconsistency between the terms of this instrument and the terms of Amendment No. 6 to Ground Lease which are hereby incorporated herein, the terms of Amendment No. 6 to Ground Lease shall prevail. 3. This Memorandum may be executed in counterparts and all such counterparts together shall constitute one and the same instrument. [Signatures on following page.] 62384182.v2 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. "LESSOR" THE CITY OF NEWPORT BEACH, a California municipal corporation By: _ ��— t�:� ac K. Leung Manager APPROVED AS TO FORM By: 1" d,� �,- ,-�a'FoVc. Ha Ci Attorney ATTEST: BrownAll'if s City Clerk "LESSEE" NEWPORT DUNES MARINA, LLC, a California limited liability company By: Alta Group GP, LLC, a California limit, -h bility company By: Barry Cayton Manager WATERFRONT RESORT PROPERTIES L.P., a California limited partnership By: De Anza Corporation, a California corporatio is Gener I Partner By: _") -D Michael Gelf nd Chief Executiv icer [Signature Page to Memorandum of Amendment No. 6 to Ground Lease] 62384182.v2 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 ORANc.6 ) On tM AI ZI 12 oZ4 before me, Date Here insert Name and the Title of the Officer personally appeared 6 R A LC- K . LEvNtG Name of signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(e) is/are subscribed to the within instrument and acknowledged to me that Wshe/th4y executed the same in lamer/thy authorized capacity(ies), and that by Wc4her/theif signature(s) on the instrument the person44 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. JENNIFERANN MULVEY Notary Public • California Z Orange County > } Commission # 2375299 ��•'� My Comm. Expires Oct 12, 2025 Place Notary Seal and/or Stamp Above 62384182.v2 Signature ign tore otary Public 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 los ArvneJesIli ) On l a�q before me, 7rl Cr`C� G 1if�7rf(N RW is , Date Here insert Name and the Title of the Officer personally appeared Name 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. WITNESS my hand and official seal. PATRICIAR. ESTRADA Notary Public - California = Los Angeles County Commission # 2384500 °��o•"�� My Comm. Expires Dec 20, 2025 Place Notary Seal and/or Stamp Above Signature Signatu a of Notary Public 62384182.v2 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 On a6a'l , before me, Caro �� s� 0o4C'' �cAV7� ►C Date (1Here ninsert N me a d the ►tle of the Officer' personally appeared M i C�.,C�e \ l- 1 a Name 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. WITNESS my hand and official seal. CAROL BUEHRR COMM. #2440867 Z am otary Public - California z San Diego County Comm. Expires Mar. 7, 2021 Place Notary Seal and/or Stamp Above 62384182.v2 Signature 6"(�p — Signature of Notary Public