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HomeMy WebLinkAboutC-5570(E) - West Coast Highway, 2547 - Memo of Assignment of Lease and Amendment to Lease Memo 2025 (Viking's Port Marina)7/29/25, 2:27 PM Batch 19598308 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder $33.00 *$ R 0 0 1 5 7 1 4 8 6 9$ 2025000210780 02:00 pm 07/29/25 90 CR-SC06 M11 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 0.00 0.00 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. https://gs,secure-erds.com/Batch/Confirmation/l9598308 1/2 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 lability company By: Victoria Lenich Managing Member "Assignee" Viking's Port Landing, LLC, a California limited liability compprW By: � )) �J—t �- Victoria Lenich Managing Member IS Jason Lenich Managing Member ASSIGNOR AND ASSIGNEE SIGNATURES MUST BE NOTARIZED Viking's Port Landing, LLC Page 3 IN WITNESS WHEREOF, the duly authorized representatives of Assignor, Assignee and City have executed this Memorandum effective as of the o f' day of June, 2Q25. "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 as Victoria Lenich Managing Member Bye:'_ ason eni Managing Member ASSIGNOR AND ASSIGNEE SIGNATURES MUST BE NOTARIZED Viking's Port Landing, LLC Page 3 "City" CITY OF NEWPORT BEACH, a California munic pal corporation Date: :1/"/ G c K. Leung Manager ATTEST: Date: Molly Perry ►�__ �, Interim City Clerk^ APPROVED AS TO FORM: By: 61Zfzs Aaro C. Harp fou oy.115 City Attorney 'Ar/ 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 0112qr-lu E } ss. On JyyA 7%.20Z5' before me,JLwr4jFEe MV CV0, Notary Public, personally appeared 621ALE K . l.EuAc. , who proved to me on the basis of satisfactory evidence to be the person(sa-whose names) is/arr-e subscribed to the within instrument and acknowledged to me that he/she/they- executed the same in his/her/t#mir authorized capacity(ies}, and that by hi-a/her/their- signatures(.} on the instrument the person,(.&), or the entity upon behalf of which the persork(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. S my hand and official seal. Si laws of the State of California that the • E� wry = JENNIFER ANN MULVEY Notary Public • California ,y = Orange County Commission # 2375299 r `• o•"� My Comm. Expires Oct 12, 2025 (seal) Viking's Port Lanh r rLLC Page 4 ATTEST: Date: Leilani I. Brown City Clerk APPROVED AS TO FORM: By: b1z(2s AaroA C. Harp fou.OVIP6 City Attorney ,Ar/ "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 �-ApVtA-ei.u.) } ss. On 2o2,5 before me,( MSAft 6uSY1Aah , Notary Public, personally appeared _ \f \C-�2ir*1C ,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. CRYSTAL R. GUSMAN COMM, #2447540 Cr > WITNESS my hand and official seal. ~ : F - Notary public-Caliiorma _ ,d county Oi Monry My Comm, Exp. May 20, 20277 Signkde sea 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 N\,0 )SS. -n On 20 Z� before me, _ya.,n.2S� 'P(1-k A,, Q Notary Public, ersonally appeared _ 15� O�-SO 11(N Q i✓� 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 VANESSA PAR QCE COMM. #2380685 1 ^'!bz NOTARY PUBLIC CAL►fORNIA An 4'. MONTEREY COUNTY My Comm. Expires Oct. 28, 2025 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 (seal) 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 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