Loading...
HomeMy WebLinkAboutC-7313-12 - Beacon Bay, 63 - Assignment and Assumption of Lease 20255/7/25, 2:03 PM Batch 19174088 Confirmation Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II II �� III ��III IIII II IIII II NO FEE *$ R 0 0 1 5 5 6 5 0 7 6$ 2025000132395 01:51 pm 05/07/25 90 CR-SC06 A38 A34 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 0.00 0.00 ABOVE THIS LINE FOR RECORDER'S APN: 050-212-11 and 988-880-32 EXEMPT FROM RECORDING FEES PER CAL. GOV. CODE §§ 6103 AND 27383 ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT AND ASSUMPTION OF LEASE ("Assignment") is made and entered into as of this 27th day of March, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("Lessor" or "City"), SAMUEL DALE ANDERSON, Jr. and ANN ARLEDGE ANDERSON STEVENSON, successor Co -Trustees of THE SAMUEL D. ANDERSON TRUST ("Assignor") and SUSAN SMITH ANDERSON, an individual, ("Assignee"). Lessor and Assignee are sometimes individually referred to herein as "Party" and collectively as the "Parties." RECITALS A. On June 20, 1994, Lessor and Samuel D. Anderson and Mary Ann H. Anderson, Trustees of the Samuel and Mary Ann Anderson Trust dated March 22, 1979 ("Original Trust"), entered into a fifty (50) year lease with Lessor ("Lease"), for the real property commonly known as Beacon Bay Lot 63, and legally described as: Lot 2 of the eastside addition to Beacon Bay recorded on Official Maps Book 2, Page 30 in the Office of the County Recorder, County of Orange, State of California, sometimes referred to as Beacon Bay Lot 63 ("Property"). B. The Lease was evidenced by a Memorandum of Lease recorded on December 7, 1994, as Instrument No. 94-0701475 in the Official Records of Orange County ("Official Records"). C. On November 23, 2000, Mary Ann H. Anderson died, evidenced by an Affidavit — Death of Trustee recorded on June 23, 2004, as Instrument No. 2004000566649 in the Official Records. D. Assignor and Assignee represent that upon the death of Mary Ann.Anderson, without notice to Lessor, the leasehold interest transferred to Samuel D. Anderson, as the sole surviving trustee of the Samuel D. Anderson Trust ("Sole Surviving Trustee"), created under the Samuel and Mary Ann Anderson Trust, dated March 22, 1979.' https://gs.secure-erds.com/Batch/Confirmation/l9174088 1/2 Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk (SPACE ABOVE THIS LINE FOR RECORDER'S USE) APN: 050-212-11 and 988-880-32 EXEMPT FROM RECORDING FEES PER CAL. GOV. CODE §§ 6103 AND 27383 ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT AND ASSUMPTION OF LEASE ("Assignment") is made and entered into as of this 27th day of March, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("Lessor" or "City"), SAMUEL DALE ANDERSON, Jr. and ANN ARLEDGE ANDERSON STEVENSON, successor Co -Trustees of THE SAMUEL D. ANDERSON TRUST ("Assignor") and SUSAN SMITH ANDERSON, an individual, ("Assignee"). Lessor and Assignee are sometimes individually referred to herein as "Party" and collectively as the "Parties." RECITALS A. On June 20, 1994, Lessor and Samuel D. Anderson and Mary Ann H. Anderson, Trustees of the Samuel and Mary Ann Anderson Trust dated March 22, 1979 ("Original Trust"), entered into a fifty (50) year lease with Lessor ("Lease"), for the real property commonly known as Beacon Bay Lot 63, and legally described as: Lot 2 of the eastside addition to Beacon Bay recorded on Official Maps Book 2, Page 30 in the Office of the County Recorder, County of Orange, State of California, sometimes referred to as Beacon Bay Lot 63 ("Property"). B. The Lease was evidenced by a Memorandum of Lease recorded on December 7, 1994, as Instrument No. 94-0701475 in the Official Records of Orange County ("Official Records"). C. On November 23, 2000, Mary Ann H. Anderson died, evidenced by an Affidavit — Death of Trustee recorded on June 23, 2004, as Instrument No. 2004000566649 in the Official Records. D. Assignor and Assignee represent that upon the death of Mary Ann Anderson, without notice to Lessor, the leasehold interest transferred to Samuel D. Anderson, as the sole surviving trustee of the Samuel D. Anderson Trust ("Sole Surviving Trustee"), created under the Samuel and Mary Ann Anderson Trust, dated March 22, 1979. E. On December 20, 2001, the Original Trust was amended to rename it to "The Samuel D. Anderson Trust" as the "Survivor's Trust." F. On December 21, 2001, Samuel D. Anderson married the Assignee, as evidenced by that certain License and Certificate of Marriage issued by the County of Orange on December 11, 2001. G. Assignor and Assignee represent that on January 17, 2013, a Seventh Amendment to the Survivor's Trust designated Samuel Dale Anderson, Jr. and Ann Arledge Anderson Stevenson, as successor co -trustees ("Co -Trustees") under the Survivor's Trust. H. Assignor and Assignee represent that the leasehold interest again transferred, without notice to the Lessor, to Samuel D. Anderson, as the Survivor's Trust, created under the Samuel and Mary Ann Anderson Trust, dated March 22, 1979, as evidenced by an Assignment of Lease recorded on October 1, 2013, as Instrument No. 2013000563914 in the Official Records. On April 6, 2022, Samuel D. Anderson died, as evidenced by that certain Certificate of Death issued by the County of Orange on April 20, 2022. J. Assignor and Assignee represent that upon the death of Samuel D. Anderson, the leasehold interest transferred to the Assignee, by operation of the Eighth Amendment to the Survivor's Trust, dated November 20, 2013. K. Assignor now desires to transfer, convey, assign, and set over unto Assignee, and Assignee desires to accept and assume same from Assignor, all of the right, title, and interest of Assignor as tenant in, to, and under the Lease. NOW, THEREFORE, in consideration of the foregoing of the mutual covenants of Parties hereto and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: 1. Assignment. As of the Effective Date, Assignor hereby assigns, transfers and sets over unto Assignee, their successors and permitted assigns, all of the right, title and interest of Assignor as tenant in, to and under the Lease. This 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. Assumption. As of the Effective Date, Assignee, for themselves and their successors and permitted assigns, hereby accepts and assumes the Lease and agrees to timely pay, perform, observe and discharge all of the covenants, conditions, agreements, terms and obligations to be performed as tenant under the Lease. 3. Consent. The City does hereby consent to the assignment of Assignor's interest in and to the Lease to Assignee, subject to the terms and conditions of this Assignment. Assignment and Assumption of Lease (Lot 63) Page 2 4. Indemnity. Assignor and Assignee shall defend, indemnify and hold the City harmless from all costs, expenses, claims, causes of action or damages (including, without limitation, reasonable attorney fees and costs), which may arise out of or in connection with this Assignment. 5. Assignee Status. Annual rent and period adjustments shall be based upon Assignee being subject to an "Exempt Transfer" pursuant to Section 3(13)(3)(b), and the Property being "Transferred" pursuant to Section 3(A)(11) of the Lease. 6. Annual Rent. Pursuant to Section 3(13)(3)(b) of the Lease, this Exempt Transfer to Assignee shall not operate to increase rent. 7. Rent Adjustments. Annual rent shall not be adjusted as a result of this Exempt Transfer in accordance with the provisions of Section 3(B)(4) of the Lease. 9. Binding Effect. This Assignment and all provisions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. 10. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 11. Entire Agreement. This Assignment represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. The Recitals set forth above are incorporated herein by this reference. 12. Interpretation. The terms of this Assignment shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Assignment or any other rule of construction which might otherwise apply. 13. Amendments. This Assignment may be modified or amended only by a written document executed by the Parties approved as to form by the City Attorney. 14. Severability. If any term or portion of this Assignment is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Assignment shall continue in full force and effect. 15. Controlling Law and Venue. The laws of the State of California shall govern this Assignment and all matters relating to it and any action brought relating to this Assignment shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Assignment and Assumption of Lease (Lot 63) Page 3 16. No Attorneys' Fees. In the event of any dispute or legal action arising under this Assignment or the Lease, the prevailing party shall not be entitled to attorneys' fees. 17. Counterparts. This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Assignment and Assumption of Lease (Lot 63) Page 4 IN WITNESS WHEREOF, the parties have caused this Assignment and Assumption of Lease to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron u Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY: CITY OF NEWPORT BEACH, a California municipal corporation and charter city , . Date: 5,11 l ;o zS' By: 4-t-- Gp&94 K. Leung CX Manager ASSIGNOR: SAMUEL DALE ANDERSON, Jr. and ANN ARLEDGE ANDERSON STEVENSON, Successor Co -Trustees of THE SAMUEL D. ANDERSON TRUST Date: Signed in Counterpart By: Samuel Dale Anderson, Jr. Co -Trustee Date: Bv: Signed in Counterpart Ann Arledge Anderson Stevenson Co -Trustee ASSIGNEE: SUSAN SMITH ANDERSON, an individual Date: Signed in Counterpart Bv: Susan Smith Anderson [END OF SIGNATURES] Assignor and Assignee must sign in the presence of a notary public Assignment and Assumption of Lease (Lot 63) Page 5 IN WITNESS WHEREOF, the parties have caused this Assignment and Assumption of Lease to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: "�✓ ? l S By: V Aaron O.jHarp City Attorney Yl ATTEST: Q' Date: �/ ? By: DWJAA'� �-P) Leilani I. Brown City Clerk r U CITY: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: 5-I I20 7 5- By: Gp&96 K. Leung Manager ASSIGNOR: SAMUEL DALE ANDERSON, Jr. and ANN ARLEDGE ANDERSON STEVENSON, Successor Co -Trustees of THE SAMUEL D. ANDERSON TRUST Date: Signed in Counterpart Bv: Samuel Dale Anderson, Jr. Co -Trustee Date: By: Signed in Counterpart Ann Arledge Anderson Stevenson Co -Trustee ASSIGNEE: SUSAN SMITH ANDERSON, an individual Date: Signed in Counterpart Bv: Susan Smith Anderson [END OF SIGNATURES] Assignor and Assignee must sign in the presence of a notary public Assignment and Assumption of Lease (Lot 63) 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 Countyof braivA o )SS. On !�5 lao?,15 20 S5 before me, PC�yD Aooc�;v%q, &6k,,r r ��,�1rc Notary Public, personally appeared Sa►nnvu,l P. Ayia.cvSgv_ J r • , who proved to me on the basis of satisfactory evidence to be the person(z' whose named dWare subscribed to the within instrument and acknowledged to me that I&/she/they executed the same in 6§/her/their authorized capacity(jW, and that by 60/her/their signatures} on the instrument the person*, or the entity upon.behalf of which the person*lacted, 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. WIT SS and and official seal. *my ry Pu MARTINEZ y Notary Public -CaliforniaOrange County Commission # 2392374 Comm. Expires Feb t, 2026 V4 Sibinature (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 Calif rnia County of Calif ss. On O� I 15 rL�25 2016 before me, Pe.�M MC1 :V'e?, C_ Notary Public, personally. appeared �Ahv,, A.5icJ,ev%.So►-. proved to me . on the basis of satisfactory evidence to be the person(f whose name(o Blare subscribed to the within instrument and acknowledged to me that he//they executed the same in his/tom/their authorized capacity(ies)- and that by his/Y(. heir signaturesW—on the instrument the person{ 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. WIT SZyand and official seal. *my PyPu MARTINEZ Notary Public -California `Orange County Commission # 2392374 Comm. Expires Feb 1, 202� S nature (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 Califo is County of y� SS. On aO 2 2�G before me, « l ITV► ► ►C Notary Public, personally appeared 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. all n1u1unnnnnuunn1nuun JESSICA HARRIS WITNES my hand d official seal. aa COMM. #2485638 Z u)NOTARY PUBLIC . CALIPORNIA ORANGE My commission Expires 03/28/2028 ���uuunne�un��r��rrnnnun�� Sigftat-urd \ ' " v (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 �1� �I c� } SS. On mf)_) I , 20 2S before me, (h`1L_VF-( Notary Public, personally appeared C7' )z 0 C I� K t ,Ev N c' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) Ware subscribed to the within instrument and acknowledged to -me that he/she/they executed the same in hie/her/their- authorized capacity(ies-), and that by his/her/their signatures(&) -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 oaraciraoh is true and correct. WITNESS my hand and official seal. Signature „ JENNIFER ANN mJLVEY Notary Puhiic • Catifornia I Orange Cocnty > ,r Commission ; 2375299 My Comm. Expires Oct 12, 2025 r (seal) Assignment and Assumption of Lease -(Lot 63) Page 7 q 2 251 �+ 68 ® U 4 Search Insured Name Beacon Bay (63) / Samuel & Susan Ander r 1-7 Beacon Bay (63) / Samuel & Susan Active Records Only Advance Search Insured Tasks Admin Tools View .t Insured RNotes J History Z= Deficiencies Coverages Requirements Add Edit Help Video Tutorials jli Insured Name: Account Number: Address: Status: Insured Beacon Bay (63) / Samuel & Susan Anderson n G��L1I1I1I1I1y�G�� 63 Beacon Bay, Newport Beach, CA, 92660 Referral Compliant with Waived Deficiencies. Business Unit(s) Print Insured Info Account Information Account Number: FV00000252 Risk Type: Beacon Bay 1994 Do Not Call: Address Information Mailing Address Insured: Beacon Bay (63) / Samuel & Susan Anderson Address 1: 63 Beacon Bay Address 2: City: Newport Rcnrh Address Updated: Physical Address State: CA CA Zip: 92660 Country: Contract Information Contract Number: C-7313 Contract Start Date: 06/20/1994 Contract End Date: Contract Effective Date: Contract Expiration Date: Description of Services: Beacon Bay Safety Form II: Lease Contact Information Contact Name: Misc: Phone Number: Alt Phone Number: Fax Number: E-Mail Address: Approval Date: Rush: No Contract on File: Yes Certificate Received: Yes Indemnification Agreement: No Tax Id: This Account created by 936 on 09/18/2020.