HomeMy WebLinkAboutC-5570(D) - West Coast Highway, 2547 - Consent to Assignment of Lease 2025 (Viking's Port Marina)CONSENT TO ASSIGNMENT OF LEASE
THIS CONSENT TO ASSIGNMENT OF LEASE ("Consent to Assignment") is
given this 5th day of June 2025 ("Effective Date"), by the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City") on the following terms and
conditions:
RECITALS
A. On March 1, 2018, the City entered into that certain Lease Agreement
("Lease") with Viking's Port Marina, LLC, a California limited liability company, concerning
certain real property generally described as: Tidelands, as defined in the Lease, which is
an independent site with no land access, consisting of approximately 4,000 square feet
of water area located generally at 2547 West Coast Highway in the City of Newport
Beach, California ("Premises"), as more specifically depicted on Exhibit B of the Lease,
and evidenced by a Memorandum of Lease recorded on March 22, 2018, in the Official
Records of Orange County, California, as Instrument No. 2018000102957.
B. On May 12, 2025, Viking's Port Marina, LLC ("Assignor") provided a written
request to City pursuant to Section 16 of the Lease, whereby requesting approval of the
transfer and assignment of Assignor's interest in the Lease to Viking's Port Landing, LLC,
a California limited liability company ("Assignee").
CONSENT
NOW, THEREFORE, the City does hereby consent to the assignment of
Assignor's interest in and to the Lease to Assignee, subject to the following:
1. Said Consent to Assignment shall be subject to each and all of the
covenants, conditions and restrictions set forth in the Lease and shall be subject to all
rights and interests of the City thereunder, except as herein otherwise provided.
2. Assignee shall assume the Lease via that certain Assignment and
Assumption of Lease Agreement to be executed between City, Assignor, and Assignee
("Assignment"), subject to each and all of the covenants, conditions and restrictions set
forth in the Lease and shall be subject to all rights and interest of the City thereunder,
except as herein otherwise provided. A copy of the completed Assignment shall be
provided to the City to ensure that any transfer of the leasehold interest will not circumvent
the provisions of the Lease.
3. A Memorandum of Assignment of Lease and Amendment to Lease
Memorandum shall be executed by the Assignor, Assignee and City in substantially the
same form as the document attached hereto as Exhibit "A" and recorded against title to
the Property.
4. All notices and other communications required or permitted under this
Consent to Assignment shall be in writing, served personally on, or mailed by certified or
registered United States mail to the party to be charged with receipt thereof. Notices and
other communications served by mail shall be deposited in a United States post office, as
certified or registered mail with postage prepaid and duly addressed to the party to whom
such notice or communication is to be given as follows:
Notice to Assignee: Viking's Port Landing, LLC
20117 Belma Court,
Salinas, CA 93907
Notice to City: Attention: Real Property Administrator
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Any such party may change said party's address for purposes of this Section 4 by giving
to the party intended to be bound thereby, in the manner provided herein, written notice
of such change.
5. This Consent to Assignment shall become effective upon the date first
written above.
[SIGNATURES ON FOLLOWING PAGE]
Viking's Port Landing, LLC Page 2
EXECUTED on the dates indicated below, at Newport Beach, Orange County,
California.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: /Z/ZS
��Zva2i:L4A- 40,/-
A ron C. Harp d
��
City Attorney
ATTEST: �
Date: 7- �9, OA
Molly Perry
Interim City Clerk
a. ��n7'.' �� ••::fir '�•
`-
CITY OF NEWPORT BEACH,
a Californiq municipal corporation
Date: '71 / J1,ay57
G K. Leung
y Manager
Viking's Port Landing, LLC Page 3
EXHIBIT "A"
MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO LEASE
MEMORANDUM
Viking's Port Landing, LLC Page A-1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Newport Beach
City Clerk's Office
100 Civic Center Drive
Newport Beach, CA 92660
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MEMORANDUM OF ASSIGNMENT OF LEASE
AND
AMENDMENT TO LEASE MEMORANDUM
(2547 West Coast Highway, Newport Beach, CA)
THIS MEMORANDUM OF ASSIGNMENT OF LEASE AND AMENDMENT TO
LEASE MEMORANDUM ("Memorandum") is made and executed in connection with that
certain Assignment and Assumption of Lease Agreement dated on or about June 5, 2025
("Assignment"), by Viking's Port Marina, LLC, a California limited liability company,
("Assignor"), and Viking's Port Landing, LLC, a California limited liability company
("Assignee").
RECITALS
A. Assignor and the City of Newport Beach, a California municipal corporation
and charter city ("City") are parties to a certain Lease Agreement dated March 1, 2018
("Lease"), respecting the Tidelands generally located at 2547 West Coast Highway in
Newport Beach, California ("Premises"), as more specifically depicted on Exhibit B of the
Lease, and as evidenced by a Memorandum of Lease Agreement recorded on March 22,
2018, in the Official Records of Orange County, California ("Official Records"), as
Instrument No. 2018000102957 ("2018 Memorandum").
B. In connection with Assignor's transfer of the uplands portion of the Property
to Assignee pursuant to that certain Quitclaim Deed recorded on September 13, 2024, in
the Official Records as Instrument No. 2024000237776, Assignor and Assignee executed
the Assignment pursuant to which Assignor assigned to Assignee and Assignee assumed
from Assignor, all of Assignor's right, title, interest, and obligations under the Lease.
C. On June 5, 2025, City consented to the Assignment by and between
Assignor and Assignee.
AGREEMENTS
NOW, THEREFORE, the parties acknowledge and agree as follows:
1. Purpose of Memorandum. This Memorandum is being recorded to place the
public on notice of the terms and provisions of the Lease, which terms and provisions are
hereby incorporated by reference into this Memorandum of the Assignment, and to
amend the 2018 Memorandum. In the event of any conflict between the terms and
conditions of this Memorandum and the Lease, the terms and conditions of the Lease
shall prevail.
2. Amendment of Lease Memorandum. The 2018 Memorandum is amended
such that the "Lessee" identified therein shall mean and refer to Assignee from and after
the date of recording of this document.
3. Counterparts. This Memorandum may be executed in one or more
counterparts, each of which shall be deemed an original, but all which together shall
constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Viking's Port Landing, LLC Page 2
IN WITNESS WHEREOF, the duly authorized representatives of Assignor,
Assignee and City have executed this Memorandum effective as of the day of
June, 2025.
"Assignor"
Viking's Port Marina, LLC, a California
limited liability company
in
Victoria Lenich
Managing Member
"Assignee"
Viking's Port Landing, LLC, a California
limited liability company
go
Victoria Lenich
Managing Member
Jason Lenich
Managing Member
ASSIGNOR AND ASSIGNEE SIGNATURES MUST BE NOTARIZED
Viking's Port Landing, LLC Page 3
ATTEST:
Date:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
By:
Aaron C. Harp
City Attorney
"City"
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On before me, , Notary Public, personally
appeared 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 signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Viking's Port Landing, LLC Page 4
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Viking's Port Landing, LLC Page 5