HomeMy WebLinkAboutC-5567(O) - Newport Boulevard, 3300 - Memorandum of Third Amendment to Ground Lease 2025 Lido House HotelRecording Requested By
Fidelity National Title
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIIII I IIIIIIJ II 11111 Ifl 111111111111111 JI I I III 11111 $78.00
*$ R 0 0 1 5 4 2 9 3 5 2 $ *
2025000062448 02:50 pm 02/24/25
480 Ex25A M11 23
0.00 0.00 0.00 0.00 66.00 0.00 0.00 0.00 0.00 0.00
''Z 115S (SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF THIRD AMENDMENT TO GROUND LEASE
This Memorandum of Third Amendment to Ground Lease ("Memorandum") is entered
into and is effective as of �-5 -Jtl�A , 2025 (the "Commencement Date of the Third
Amendment"), by and between the CITY OF NEWPORT BEACH, a charter city and
California municipal corporation ("Lessor"), and LIDO HOUSE, LLC, a California limited
liability company ("Lessee").
THE UNDERSIGNED DECLARES; RECITALS UNRECORDED LEASE
DOCUMENTARY TRANSFER TAX IS $ 0
The Term of this Lease Is less than 35 years
A. On September 9, 2014, Lessor and Olson Real Estate Group, Inc., a California corporation
doing business as R.D. Olson Development ("R.D. Olson Development"), entered into
that certain Ground Lease ("Ground Lease") for the development of a hotel with one
hundred thirty (130) guest rooms and related facilities ("Hotel") on City owned land at
3300 Newport Boulevard in the City of Newport Beach, County of Orange, State of
California ("Premises").
B. On May 3, 2016, a First Amendment to Lease to amend and clarify the Legal Description
and the Depiction of the Premises (attached hereto as Exhibit A) which are the subject of
the Ground Lease was executed ("Furst Amendment.,to Ground Lease"),
C. On May 3, 2016, an Assignment and Assumption of Lease was executed, whereby all the
rights, title and interest in the Ground Lease, as amended by the First Amendment to
Ground Lease, were transferred by R.D. Olson Development to Lessee.
D. On November 13, 2024, a Second Amendment to Lease amended certain provisions
related to Lessee's refinancing of the Premises was executed ("Second Amendment").
E. On November 13, 2024, an Option Agreement to Ground Lease with Related Third
Amendment to Ground Lease was executed.
F. Lessor and Lessee have entered into that certain Third Amendment to Ground Lease dated
as o 2d)-IL- , 2025, ("Third Amendment to Ground Lease" and, together with
the Ground Lase and the First and Second Amendments to Ground Lease, the "Lease")
relating to the incorporation to the Lease of certain contiguous real property located at
475 32nd Street in Newport Beach, County of Orange, State of California, as more
Recording Requested By
Fidelity National Title
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF THIRD AMENDMENT TO GROUND LEASE
This Memorandum of Third Amendment to Ground Lease ("Memorandum") is entered
into and is effective as of t-f j 1;y`� -u*% , 2025 (the "Commencement Date of the Third
Amendment"), by and between the CITY OF NEWPORT BEACH, a charter city and
California municipal corporation ("Lessor"), and LIDO HOUSE, LLC, a California limited
liability company ("Lessee").
THE UNDERSIGNED DECLARES: RECITALS UNRECORDED LEASE
DOCUMENTARY TRANSFER TAX IS $ 0
The Term of this Lease is less than 35 years
A. On September 9, 2014, Lessor and Olson Real Estate Group, Inc., a California corporation
doing business as R.D. Olson Development ("R.D. Olson Development"), entered into
that certain Ground Lease ("Ground Lease") for the development of a hotel with one
hundred thirty (130) guest rooms and related facilities ("Hotel") on City owned land at
3300 Newport Boulevard in the City of Newport Beach, County of Orange, State of
California ("Premises").
B. On May 3, 2016, a First Amendment to Lease to amend and clarify the Legal Description
and the Depiction of the Premises (attached hereto as Exhibit A) which are the subject of
the Ground Lease was executed ("First Amendment to Ground Lease").
C. On May 3, 2016, an Assignment and Assumption of Lease was executed, whereby all the
rights, title and interest in the Ground Lease, as amended by the First Amendment to
Ground Lease, were transferred by R.D. Olson Development to Lessee.
D. On November 13, 2024, a Second Amendment to Lease amended certain provisions
related to Lessee's refinancing of the Premises was executed ("Second Amendment").
E. On November 13, 2024, an Option Agreement to Ground Lease with Related Third
Amendment to Ground Lease was executed.
F. Lessor and Lessee have entered into that certain Third Amendment to Ground Lease dated
as o %U, 2025, ("Third Amendment to Ground Lease" and, together with
the Ground L ase and the First and Second Amendments to Ground Lease, the "Lease")
relating to the incorporation to the Lease of certain contiguous real property located at
475 32°d Street in Newport Beach, County of Orange, State of California, as more
particularly described on Exhibit B attached hereto ("Site"). Lessor and Lessee desire to
execute this Memorandum for recordation in the real property records of the County of
Orange in order to memorialize the existence of the Third Amendment to Ground Lease
and the occurrence of the Commencement Date of the Third Amendment.
NOW, THEREFORE, with reference to the foregoing recital, Lessor and Lessee agree as follows:
1. Lease of Premises. Lessor has leased and is currently leasing the Premises to Lessee
and Lessee has hired and is currently hiring the Premises from Lessor on the terms
and conditions set forth in the Lease.
2. Lease of Site. Lessor hereby leases the Site to Lessee and Lessee hereby hires the
Site from Lessor on the terms and conditions set forth in the Lease.
3. Incorporation of Lease. This instrument is a memorandum of the Third Amendment
to Ground Lease and is subject to all of the terms and conditions of the Lease. The
terms of the Lease, shall prevail if there is any inconsistency between the terms of
this Memorandum and the terms of the Lease.
[end — signature page follows]
IN WITNESS WHEREOF, Lessor and Lessee execute this Memorandum.
APPROVED AS TO FORM:
-�A C�' -k�
Aaron C. arp
City Attlney
ATTEST:
r
�j
Leilani I. Brown
City Clerk
LESSOR:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
By: -'0—
��acA. Leung
y Mana er
Date: 2'La Z a j
LESSEE:
LIDO HOUSE, LLC., a California limited liability
company,
By: Olson Real Estate Group, Inc., a California
corporation, Manager
Signed in Counterpart
Bv:
Name: Robert D. Olson
Title: President
Date:
[END OF SIGNATURES]
Attachments: Exhibit A — Legal Description and Depiction of Premises
Exhibit B — Legal Description and Depiction of Premises and Site
IN WITNESS WHEREOF, Lessor and Lessee execute this Memorandum.
APPROVED AS TO FORM:
Signed in Counterpart
--k C, 4��
Aaron C. arp
City Att ey
ATTEST:
Leilani I. Brown
City Clerk
Signed in Counterpart
LESSOR:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
Signed in Counterpart
10
Grace K. Leung
City Manager
Date:
LESSEE:
LIDO HOUSE, LLC., a California limited liability
company,
By: Olson Real Estate Group, Inc., a California
corporation, Manager
By:
Name: Robert D. Olson
Title: President
Date: z 110 I zs
[END OF SIGNATURES]
Attachments: Exhibit A — Legal Description and Depiction of Premises
Exhibit B — Legal Description and Depiction of Premises and Site
M
CALIFORNIA ACKNOWLEDGMENT 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 1
County of I Irm
On RbropN 2O before me, Cassaydo, �.lwr—s , JJofiwr 9&\ic.
to Here Insert Name and Title of the O er
personally appeared
•o.c2 Levi
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(�whose name* is/af-e subscribed
to the within instrument and acknowledged to me that 4@e she/they executed the same in l�/her/tlrir
authorized capacity(Z%), and that by N-9/her/heir signaturep�on the instrument the person(„ or the entity
upon behalf of which the personXacted, executed the instrument.
� °° ry CASSANDRA HAWKS
Notary Public • California Z
W Orange County
Commission # 2462273
+''� f�•"" My Comm. Expires Sep 5, 2027
Place Notary Seal and/or Stamp Above
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 �19.
Signature of Notary Public
Vf 1 IVI` P%1
Completing this information can deter alteration of the document or
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Description of Attached Document
Title or Type of Document:
Document Date:
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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
'S.:.ti: .: .: •45 :. :-:...?T .. Y'� .. . .t;.^-5. t'+D.:..LC.:•::•.r..y..::.y.: r.•.v:-.:�.-::.::.::.::. :.4N4:. :�':':'` .:1:�<i:. �.'rsy :.
National Notary • •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 b YYGy�q>Z ) hh
On �e�f UC(ry 20yJ before me, S h0.r
Date �p Here Insert Name and Title of the Officer
personally appeared I�OiJeY� Dl S JYA
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to bete person(* whose named is e
subscribed to the within instrument and acknowledged to me tha he eghey-executed the same in
hi /hw4-t ieir authorized capacity(ipg; and that b his her�eiwsignatur , on the instrument the person(o,
r the entity upon behalf of which the personN ted, 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.
SHARONYING WITNESS my hand and official seal.
Notary Public - California ss
Orange County L
Commission N 1411197
16M Comm, 2027
Signature
Signatu Nota lic
Place Notary Seal Above
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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:
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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
Exhibit "A"
Legal Description and Depiction of Premises
EXHIBIT A
LEGAL DESCRIPTION
"LEASE PARCEL"
THAT PORTION OF LOTS 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN
BERNARDINO MERIDIAN IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOT 1 IN BLOCK "A" AND "THE HUDSON" OF
MAP OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN
BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS
SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS AND THAT
PORTION OF A 20.00 FOOT ALLEY, AS VACATED BY THAT CERTAIN RESOLUTION NO, 3280 OF THE
CITY COUNCIL OF SAID CITY, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 11, 1946 IN
BOOK 1400, PAGE 189 OF OFFICIAL RECORDS, ALL OF RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3, THENCE ALONG THE WESTERLY
LINE OF SAID LOT 3, NORTH 00°09'03" EAST 128.00 FEET TO THE WESTERLY TERMINUS OF THAT
CERTAIN COURSE SHOWN AS "N89°15'30"E 90.00 FEET" ON THE SOUTHERLY BOUNDARY OF
PARCEL 1 OF PARCEL MAP RECORDED IN BOOK 85, PAGES 1 AND 2 OF PARCEL MAPS, RECORDS OF
SAID COUNTY AND BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, THE FOLLOWING FOUR (4)
COURSES:
(1) NORTH 00°09'03" EAST 53.55 FEET,
(2) NORTH 39°53'38" WEST 108,61 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 351.15 FEET,
(3) NORTHWESTERLY 306.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
49058'10" AND
(4) NORTH 89°51'48" WEST 97.67 FEET TO THE MOST NORTHEASTERLY CORNER THAT
CERTAIN IRREVOCABLE OFFER OF DEDICATION TO THE CITY OF NEWPORT BEACH
RECORDED SEPTEMBER 18, 2014 AS INSTRUMENT NO. 2014000378678, OF OFFICIAL
RECORDS OF SAID COUNTY;
1 OF 4
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M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL,docx
THENCE ALONG THE EASTERLY LINE OF SAID IRREVOCABLE OFFER OF DEDICATION THE FOLLOWING
TWO (2) COURSES:
(1) SOUTH 00°26'22" WEST 47.25 FEET,
(2) NORTH 88°31'14" WEST 8.13 FEET TO AN ANGLE POINT THEREIN;
THENCE LEAVING SAID EASTERLY LINE SOUTH 01"27'07" WEST 12.14 FEET;
THENCE SOUTH 49026'59" WEST 22.96 FEET TO A POINT IS SAID EASTERLY LINE, SAID POINT BEING
ON A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2724.04 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 82033'58" WEST;
THENCE ALONG SAID EASTERLY LINE THE FOLLOWING SEVEN (7) COURSES:
(1) SOUTHERLY 89.31 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01-52,43" TO
THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 58.00 FEET, A RADIAL LINE TO
SAID POINT BEARS SOUTH 84026'40" EAST,
(2) SOUTHERLY 13.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13-35-10",
(3) SOUTH 19°08'30" WEST 36.43 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY,
HAVING A RADIUS OF 42.00 FEET,
(4) SOUTHERLY 10.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14050,20" TO
THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 2736.04 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 85041'50" WEST,
(5) SOUTHERLY 62.82 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°18'56" TO
THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 873.00 FEET, A RADIAL LINE
'TO SAID POINT BEARS SOUTH 87000'46" EAST,
(6) SOUTHERLY 74.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°53'58"
TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 37.00 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 82°06'48" WEST,
(7) SOUTHERLY 9.24 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14018'33" TO
AN ANGLE POINT IN SAID EASTERLY LINE;
201`4
April 19, 2016
M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx
THENCE CONTINUING ALONG SAID EASTERLY LINE AND THE SOUTHERLY PROLONGATION THEREOF,
NON TANGENT TO SAID CURVE, SOUTH 39°29'57" EAST 40.40 FEET TO A POINT ON A NON -
TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 37.00 FEET, A RADIAL LINE TO SAID
POINT BEARS SOUTH 17°24'48" WEST,
THENCE EASTERLY 9.24 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°18'3211;
THENCE SOUTH 86053'44" EAST 46.04 FEET;
THENCE NORTH 26056'46" WEST 20.77 FEET;
THENCE SOUTH 86056'46" EAST 180.71 FEET;
THENCE SOUTH 26056'46" EAST 21.18 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 8.50 FEET;
THENCE SOUTHEASTERLY AND EASTERLY 9.33 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 62055'0211;
THENCE SOUTH 89051'48" EAST 118.46 FEET TO THE BEGINNING OF A - CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 700.00 FEET;
THENCE EASTERLY 57.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04*43126";
THENCE NORTH 38056'26" EAST 12.78 FEET;
THENCE NORTH 82044'09" EAST 9.41 FEET;
THENCE SOUTH 07015'51" EAST 5,48 FEET;
THENCE NORTH 84041'29" EAST 41.64 FEET;
THENCE NORTH 00°00'01" WEST 5.47 FEET;
30F4
April 19, 2016
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THENCE NORTH 8905959" EAST 5.25 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 87°05'54" EAST;
THENCE NORTHWESTERLY 27.22 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
32029'36" TO A POINT OF NON -TANGENCY, A RADIAL LINE TO SAID POINT BEARS
NORTH 60'24'30" EAST;
THENCE NORTH 00043'30" EAST 29.78 FEET;
THENCE SOUTH 89°58'22" EAST 9,24 FEET;
THENCE NORTH 00000'08" EAST 81.62 FEET TO SAID SOUTHERLY BOUNDARY OF PARCEL 1;
THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 89050'57" WEST 12.85 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 171,504 SQUARE FEET, 3.972 ACRES MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO CONVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS -OF -WAY OF RECORD, IF ANY.
DATED THIS DAY OF ftt ls.. _____ _ , 2016
KURT R. TROXELL, L.S. 7854
40F4
April 19, 2016
M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx
-Z® -� VIA OPORTO� II
TRACT No,
S'LY LINE /�SEE T ® I I
\� PARCEL 1 LC�T 3 / DETAIL "C"
eel X, P.M.B. 85/1 M'NI. 3.6 / 4( 19 S-HM'-2-0-F-2'I `1
T.P.O.B. L20 I
t
N L1 12&00'� '
N00'09'03"E �181.55'
' ALLEY VACATED PER '�p��O���� e L11 I'°
BK. 1400, PG. 189, ��y
O.R. REC, 3-11-46 P.O.C., -�
S'WLY COR. SO435'14"E �RI � I I
LOT 3, TR NO. 1117, `~�- Z
S'LY LINE M.M. 35/48
PARCEL 1 Pd to
P.M.B. 85/1 y, ��> fi
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V iJ' I 00 CD I LU
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0 A Q
I 1CP
C) E'LY LINE IRREVOCABLE OFFER OF
�"ll> DEDICATION TO THE CITY OF NEWPORT t- CL, I N
BEACH, FOR STREET AND HIGHWAY
SEE PURPOSES, INST NO. 2014000378678, O.R. I
DETAIL "A"in
I C9 a...y ....
HE OF—f ► IU V1 s'' `�
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BOULEVARD
NOTE: SEE LINE AND CURVE TABLE ON SHEET OF 3
rr110I E H I Q IT 1 /� —21 DATE; March 2016
FUSCOE LJ 1 SCALE: '
SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: 1100,004.01
LEASE PARCEL DRAWN BY: RJL
I 1N 0 1 R E I R I R 0 LIDO HOUSE HOTEL CHECKED BY: JLU
16795 Von Korman, Suite 100, Irvine, California 92606
toi949.474.1960o (OX 949,474.53 15 awww.fustoo.com NEWPORT BEACH, CA SHEET 1 OF 3
Mo\M4PPING\1100\04\LEGALS\LEASE\1100-004 LEASE BNDRY.DWG (04-18-16)
a \
r �
IL3 L4 y
\ OFFER OF DEDICATION,
\ INST. NO. 2014000378689, O.R.
IN
DETAIL "A"
SCALE: I"=30'
N87ro5'54•E jq)- I\ \
/ N60'24'30'E (R) j \
-� _- L19 �i L16\
L18 L17 C1
n128.00' � � L15
NOD'09 03 E 181,55
�r
I P,O.C. I L1
SW LY COR.
LOT 3, TR NO. 1117.
�\ M.M.35/48 L112
\ I /
DETAIL "C"
co 9
5»244AM1 I ( 1
S83-34-39-W (R) C7 I
\ \ _ C5 /
DETAIL "B"
r
Awzc-
C uDI1 DATE: August 29, 2014
EXHIBIT A-2SCALE: 1"=80'
FUSCO SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: 1100.004.01
LEASE PARCEL DRAWN BY: RJL
1 N G I N 1 1 R 1 0 o LIDO HOUSE HOTEL CHECKED BY: JLLI
16795 Van Korman, SvUa 100, Irvin, California 92606
1a1949,474,1960o fox949,474.5315 awww,foscoo,com NEWPORT BEACH, CA SHEET 2 OF 3
M:\MAPPING\1100\04\LEGAL$\LEASE\110G-004 LEASE BNDAY.BWO (04-18-16)
LINE TABLE
LINE
BEARING
LENGTH
L1
N00'09'03"E
53.55'
L2
S00'26'22"W
47.25'
L3
N8933'38"W
8.13'
L4
SOt'27'07"W
12.14'
L5
S49'26'59"W
22.96'
L6
S19'08'30"W
36,43'
L7
S39'29'57"E
40.40'
L8
S86'53'44"E
46,04'
L9
N26'56'46"W
20,77'
L10
S26'56'46"E
21.16'
L11
N38'56'26"E
12,78'
LINE TABLE
LINE
_ BEARING
LENGTH
L12
N82'44'09"E
9.41'
L13
S0715'51"E
5.48'
L14
N84'41'29"E
41.64'
L15
N00'00'01'W
5.47'
L16
N8959'59"E
5.25'
L17
N00'43'30"E
29.78'
L18
S89'58'22"E
9.24'
1.19
N00'00'08"E
81.62'
L20
N89'50'57'W
12.85'
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C1
1'52'43"
2724,04'
89.31'
C2
13'35'10"
58.00'
13,76
C3
14'50'20"
42.00'
10.88'
C4
118'56"
2736.04'
62.82'
C5
453'58"
873.00'
74,65'
C6
14'18'33"
37,00'
9,24'
C7
1418'32"
37.00'
9.24'
C8
62'55'02"
8.50'
9,33'
C9
4'43'26"
700.00'
57.71'
CIO
32'29'36"
48.00'
27.22'
,s'III EXHIBIT 'A-2t DATE; August ' 2014
FUSC®E ALE: 1 00
= SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: ttoo.004,ot
lilies LEASE PARCEL RAWN BY, R L
li R 0 1 R IE 1 R 1 R c LIDO HOUSE HOTEL CHECKED BY: JLLJ
16795 Von Karman, Suite 100, Irvino, California 92606
lei 949,474.1960 o (ax949,474,5315 owwwfuscoa.com NEWPORT BEACH, CA SHEET 3 OF 3
M;\MAPPING\1100\04\LEGALS\LEASE\1100-004 LEASE BNDRY.DWG (04-18-18)
Exhibit `B"
Legal Description and Depiction of Premises and Site
EXHIBIT B
LEGAL DESCRIPTION
"LEASE PARCEL"
THAT PORTION OF LOTS 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN
BERNARDINO MERIDIAN IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOT 1 IN BLOCK "A" AND "THE HUDSON" OF
MAP OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN
BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS
SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS AND THAT
PORTION OF A 20.00 FOOT ALLEY, AS VACATED BY THAT CERTAIN RESOLUTION NO. 3280 OF THE
CITY COUNCIL OF SAID CITY, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 11, 1946 IN
BOOK 1400, PAGE 189 OF OFFICIAL RECORDS, ALL OF RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3, THENCE ALONG THE WESTERLY
LINE OF SAID LOT 3, NORTH 00°09'03" EAST 128.00 FEET TO THE WESTERLY TERMINUS OF THAT
CERTAIN COURSE SHOWN AS "N89015'30"E 90.00 FEET" ON THE SOUTHERLY BOUNDARY OF
PARCEL 1 OF PARCEL MAP RECORDED IN BOOK 85, PAGES 1 AND 2 OF PARCEL MAPS, RECORDS OF
SAID COUNTY AND BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, THE FOLLOWING FOUR (4)
COURSES:
(1) NORTH 00°09'03" EAST 53.55 FEET,
(2) NORTH 39-53-38" WEST 108.61 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 351.15 FEET,
(3) NORTHWESTERLY 306.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
49058'10" AND
(4) NORTH 89°51'48" WEST 97.67 FEET TO THE MOST NORTHEASTERLY CORNER THAT
CERTAIN IRREVOCABLE OFFER OF DEDICATION TO THE CITY OF NEWPORT BEACH
RECORDED SEPTEMBER 18, 2014 AS INSTRUMENT NO. 2014000378678, OF OFFICIAL
RECORDS OF SAID COUNTY;
1 OF 4
January 17, 2024
M;\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx
THENCE ALONG THE EASTERLY LINE OF SAID IRREVOCABLE OFFER OF DEDICATION THE FOLLOWING
TWO (2) COURSES:
(1) SOUTH 00°26'22" WEST47.25 FEET,
(2) NORTH 89-33-38" WEST 8.13 FEET TO AN ANGLE POINT THEREIN;
THENCE LEAVING SAID EASTERLY LINE SOUTH 01027'07" WEST 12.14 FEET;
THENCE SOUTH 49026'59" WEST 22.96 FEET TO A POINT IS SAID EASTERLY LINE, SAID POINT BEING
ON A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2724.04 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 82°33'58" WEST;
THENCE ALONG SAID EASTERLY LINE THE FOLLOWING SEVEN (7) COURSES:
(1) SOUTHERLY 89.31 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°52'43" TO
THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 58.00 FEET, A RADIAL LINE TO
SAID POINT BEARS SOUTH 84026'40" EAST,
(2) SOUTHERLY 13.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°35'10",
(3) SOUTH 19°08'30" WEST 36.43 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY,
HAVING A RADIUS OF 42.00 FEET,
(4) SOUTHERLY 10.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14-50-20" TO
THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 2736.04 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 85041'50" WEST,
(5) SOUTHERLY 62.82 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°18'56" TO
THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 873.00 FEET, A RADIAL LINE
TO SAID POINT BEARS SOUTH 87°00'46" EAST,
(6) SOUTHERLY 74.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04-53'58"
TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 37.00 FEET, A RADIAL
LINE TO SAID POINT BEARS NORTH 82006'48" WEST,
(7) SOUTHERLY 9.24 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°18'33" TO
AN ANGLE POINT IN SAID EASTERLY LINE;
20F4
January 17, 2024
M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx
THENCE CONTINUING ALONG SAID EASTERLY LINE AND THE SOUTHERLY PROLONGATION THEREOF,
NON TANGENT TO SAID CURVE, SOUTH 39°29'57" EAST 40.40 FEET TO A POINT ON A NON -
TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 37.00 FEET, A RADIAL LINE TO SAID
POINT BEARS SOUTH 17°24'48" WEST;
THENCE EASTERLY 9.24 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°18'32";
THENCE SOUTH 86053'44" EAST 46.04 FEET;
THENCE NORTH 26°56'46" WEST 20.77 FEET;
THENCE SOUTH 86056'46" EAST 180.71 FEET;
THENCE SOUTH 26°56'46" EAST 21.18 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 8.50 FEET;
THENCE SOUTHEASTERLY AND EASTERLY 9.33 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 62055'02";
THENCE SOUTH 89°51'48" EAST 118.46 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 700.00 FEET;
THENCE EASTERLY 80.34 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°34'35";
THENCE NORTH 38056'26" EAST 13.56 FEET;
THENCE NORTH 76017'19" EAST 10.79 FEET;
THENCE SOUTH 00012'29" WEST 7.39 FEET;
THENCE SOUTH 89047'31" EAST43.00 FEET;
THENCE NORTH 00012'29" EAST 7.21 FEET;
THENCE NORTH 90°00'00" EAST 9.54 FEET;
THENCE SOUTH 44056'13" EAST 12.76 FEET
THENCE SOUTH 89047'31" EAST 25.45 FEET;
30F4
January 17, 2024
M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx
THENCE NORTH 00°00'01" EAST 135.53 FEET;
THENCE NORTH 90°00'00" EAST 16.78 FEET;
THENCE NORTH 00°09'03" EAST 10.99 FEET TO SAID SOUTHERLY BOUNDARY OF PARCEL 1;
THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 89°50'57" WEST 90.00 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 180,941 SQUARE FEET, 4.154 ACRES MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO CONVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND
RIGHTS -OF -WAY OF RECORD, IF ANY.
DATED THIS 17 DAY OF JANUARY , 2024
KURT R. TROXELL, L.S. 7854
401`4
January 17, 2024
M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx
L LAND s
� No. �78541Z
T� OF CALJ�
01 /17/2024 eel
S'LY LINE
PARCEL 1
IP.M. B. 85/1
VIA OPORTO� L19 L18
Trr3AOT NDJ 1j17
S'LY LINE — --I--�
N00'00'01 "E 135.53'
_- PARCEL 1 L 07 c, 3 tSEE
P.M.B. 85/1 1 � DETAIL "C"
l�l,NJ, 36 � �S� SHEET 2 OF 2
o L1 128.00'
N00'09'03"EI 181.55' I
S'WLY COR.
LOT 3, TR NO. 1117,
48 35
M.M.
/
ALLEY VACATED PER a
BK. 1400, PG. 189,
O.R. REC. 3-11-46 CID
W
co w
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cow I (D
co
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a
°° Q w
I C)� E'LY LINE IRREVOCABLE OFFER OF w W q
DEDICATION TO THE CITY OF NEWPORT � M
BEACH, FOR STREET AND HIGHWAYul
Q
SEE PURPOSES, INST NO. 2014000378678, O.R. � z
to Q
DETAIL "A"
/ lU / —
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iZ o0I SHEET2 OF 2 o r-
�1 C1
C2 C4 _ C5-�
W W_ C3 o
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—� W I z _
jL
NEWPORT BOULEVARD
Z- NOTE: SEE LINE AND CURVE TABLE ON SHEET 3 OF 3
EXHIBIT' B' DATE: January 17, 2024
IdN, FUSCOE SCALE: 10.00'
SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: 110.004.01
����� LEASE PARCEL DRAWN BY: DB
E R G I R E E R I R G CHECKED BY: KRT
16795 Von Korman, Suite 100, Irvine, California 92606 LIDO HOUSE HOTEL
tel 949.474.1960 a fox 949.474.5315 a-fuscoe.com NEWPORT BEACH, CA SHEET 1 OF 3
M:\MAPPING\1100\04\LEGALS\LEASE\1100-004 LEASE BNDRY.DWG (01-17-24)
s I3
0 \
Z \
L2
I L3 L4 '
� I
I<s �
� I
I
e
\ I /
\ OFFER OF DEDICATION, /
INST. NO. 2014000378689, O.R.
I— -+ N00'OD'Ot"E 135.53' I
I I
n
J
I
J
^L14
w
"
�--- 128.00'
En
---- N00'09'03"E 181.55'
L13
I P.O.C.
SW'LY COR.
LOT 3, TR NO. 1117,
M.M. 35/48
I_ ----------- -- __J
DETAIL "A" DETAIL "C"
SCALE: 1 =30 — SCALE:
loe
i I -9 I ��
� I l
I S17?4 4g"w iR
S83-34-39"W (R) /
\ N82_06'48"W JP RA 1 1
\ ` C5 �
DETAIL "B"
'�vEall EXHIBITS' DATE: January 17, 2024
F V J C®!. SCALE: 100'
SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: 110.004.01
LEASE PARCEL DRAWN BY: DB
E N 0 1 N E E R I N 0 CHECKED BY: KRT
16795 Von Korman, Suite 100, Irvine, California 92606 LIDO HOUSE HOTEL
te1949.474.1960 a fox949.474.5315 a .fuscoe.com NEWPORT BEACH, CA SHEET 2 OF 3
M:\MAPPING\1100\04\LEGALS\LEASE\1100-004 LEASE BNDRY.DWG (01-17-24)
LINE TABLE
LINE
BEARING
LENGTH
L1
N00'09'03"E
53.55'
L2
S00'26'22"W
47,25'
L3
N89'33'38"W
8.13'
L4
S01'27'07"W
12.14'
L5
S49'26'59"W
22.96'
L6
S19'08'30"W
WAS
L7
S39'29'57'E
40.40'
L8
S86'53'44"E
46.04'
L9
N2656'46"W
20.77'
L10
S26'56'46"E
21,18'
L11
N38'56'26"E
13.56'
LINE TABLE
LINE
BEARING
LENGTH
L12
N76*17'19"E
10.79'
L13
S00'12'29"W
7,39'
L14
N0012'29"E
7.21'
L15
N90'00'00"E
9.54'
L16
S44'56'13"E
12.76'
L17
S89'47'31"E
25.45'
L18
N90'00'00"E
16,78'
L19
N00*09'03"E
10.99'
L20
N89'50'57"W
90.00'
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C1
1'52'43"
2724.04'
89.31'
C2
13*35'10"
58.00'
13.75'
C3
14'50'20"
42.00'
10.88'
C4
1'18'56"
2736,04'
62,82'
C5
4'53'58"
873,00'
74.65'
C6
14'18'33"
37.00'
9,24'
C7
1418'32"
37.00'
9.24'
C8
62'55'02"
8.50'
9.33'
C9
6'34'35"
700.00'
80,34'
DATE: January 17, 2024
EXHIBITS' ®� SCALE: 1 00'
SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: 110.004.01
LEASE PARCEL DRAWN BY: DB
E N G I N E E R I N 0 CHECKED BY: KRT
16795 Von Korman, Suite 100, Irvine, California 92606 LIDO HOUSE HOTEL
tol949.474.1960 o fax949.474.5315 ow .fuscoe.com NEWPORT BEACH, CA SHEET 3 OF 3
M:\MAPPING\1100\04\LEGALS\LEASE\1100-004 LEASE BNDRY.DWG (01-17-24)
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