HomeMy WebLinkAboutC-7204-9 - Beacon Bay, 28 - Concent to Assignment of Leasehold Interest to a Living Trust 2001WHEN RECORDED MAIL TO:
City of Newport Beach
City Manager's Office
3300 Newport Boulevard
Newport Beach, CA 92663
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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CONSENT TO ASSIGNMENT
OF
LEASEHOLD INTEREST
TOA
LIVING TRUST
THIS CONSENT is given this 9`h day of March, 2001 by the CITY OF
NEWPORT BEACH, a Chartered Municipal Corporation (hereinafter the "City") on the
following terms and conditions:
RECITALS
A. The City entered into a Lease dated July 22, 1997 (the
"Agreement"), with MERLE H. AMUNDSON and MARY C. AMUNDSON, husband
and wife, as joint tenants, concerning certain real property described as Lot No. 28, in the
City of Newport Beach, County of Orange, State of California, as per Record of Survey
Map filed in Book 9, Pages 42 and 43 of Record of Surveys, in the Office of the County
Recorder of said County (the "Property").
B. On May 16, 1985, Merle H. and Mary C. Amundson as Trustors
created the MERLE H. AMUNDSON AND MARY C. AMUNDSON FAMILY TRUST
("Amundson Family Trust") naming Merle H. Amundson as sole Trustee;
C. Merle H. Amundson and Mary C. Amundson have assigned their
interest in the Property to the Amundson Family Trust.
CONSENT
NOW, THEREFORE, the City does hereby consent to the assignment of
all interest in and to that certain lease made and entered into on July 22, 1997 by and
between the CITY OF NEWPORT BEACH, as Lessor, and Merle H. and Mary C.
Amundson, as Lessees, to MERLE H. AMUNDSON, Trustee of the MERLE H.
AMUNDSON AND MARY C. AMUNDSON FAMILY TRUST established May 16,
DOCS00806821v1\1 3554.0000
7
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1985, by Merle H. Amundson and Mary C. Amundson and further agrees subject to the
following provisions:
1. Said Assignment of Lease 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 interest of the City thereunder, except as herein otherwise provided.
2. Upon the death of the last to die of the Trustors, the successor
Trustee shall comply with all provisions of the Lease, including those conditions
precedent and fee requirements of Paragraph 4 of said lease.
3. Trustors agree to provide a copy of the complete trust with an
amendment containing these provisions to the City to ensure that any transfer of the
leasehold will not circumvent that provision of the lease calling for increased rent upon
transfer.
3. 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 or communication in a United States
post office in Orange County, California, as certifed or registered mail with postage
prepaid and duly addressed to the party to whom such notice or communication is to be
given in the case of the Trustee at 28 Beacon Bay, Newport Beach, CA 92660, or the City
of Newport Beach at 3300 Newport Boulevard, Newport Beach, CA 92663, Attention:
City Manager. Any such party may change said party's address for purposes of this
Section by giving to the party intended to be bound hereby, in the manner
provided herein, a written notice of such change.
4. This Consent to Assignment shall not be effective until recorded.
DOCSOC\806821 v l \13554.0000
ATTEST:
02
APP UED AS TO FORM:
DOCSOC\806821 vl \13554.0000
CITY OF NEWPORT BEACH
BY: /•
CITY MANAGER
LESSEE
I�
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' 4li
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M ."
STATE OF CALIFORNIA
COUNTY OF ORANGE
On I" aLAt I , 2001, before me, 5t&it BVLW 1 , NotaryPublic,
personally appeared MERLE H. AMUNDSON and MARY C. AMUNDSON, [ ] personally
known to me -OR- N proved to me on the basis of satisfactory evidence to be the persons
whose names are sub9cribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacity, and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
(Signature ofNotary)
DOCSOC\806821 v 1 \13554.0000
BECKIE BROWN
IrsMy
COMM.#1287976 m
fn NotaryPublic-California 0
ORANGE COUNTY
Comm. Exp. Jan. 18, 2005
CALIFORNIA ALL-PURPOSE ACKNOWLEnt-Mahl-r
State of California l
County of �Yay�ei } ss.
OnIVY/lY� ZZU0I,beforeme, �ll(ihl V. I i Ilvtv(Y� �Vlb�l(/
Date Nemo and� Tp a of ORcer (e.g� • ane Doo, Not ry Public )
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personally appeared roe/r L, $l�iavl �` (1VJY1VYi M. �vIcIKS
LBLANI V. INES
Commission # 1170960
iOMYCOMM.
No`ory Public - California z
Orange County
Expires Jon 25, 2002
,personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persor46)whose named NO
subscribed to the within instr ent and
acknowledged to me that he/s a executed
the sam In his/her authori
capacity—) and that by his/her h
signatur son the instrument the perso s , or
the entity upon behalf of which the persoo
acted, executed the instrument.
WITNNE,(SS1 my hand and
o`'f('f'Qci��
all seal.
Placa Notary Seal Above r""–W`vVW Signature of Mary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
i
Panner — ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
70—P Of —thuMb here
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