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Home My WebLink AboutC-7260-13 - Beacon Bay, 14 - Consent to Assignement and Amendment to Memoradum of Lease 2017RECOP"INC REQUESTED BY FIRST AMERICAN TITLE COMPANY, RESIDENTIAL DIVISION Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I II II III I I II I I I I II II II II 33.00 *$ R 0 0 0 9 6 8 9 6 6 4$ 2017000475790 9:05 am 11109117 47 NC -5 C34 A17 F14 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 (Exempt From Recording Fees Pursuant to Government Code § 27383) a7 3 n (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE ("Memorandum") is made and entered into as of thee day of October 2017, by and among James A. Helfrich and Cynthia F. Helfrich, as joint tenants ("Assignor"), James A. Helfrich and Cynthia F. Helfrich, as Trustees of the Helfrich 2015 Revocable Trust dated May 19, 2015 ("Assignee") and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") on the following terms and conditions: RECITALS A. The City entered into that certain lease dated July 13, 2012, with Assignor concerning certain real property described as: Lot 14 as shown on the map filed in Book 9, Pages 42 and 43 of Record of Surveys, in the Office of the County Recorder, County of Orange, State of California, sometimes referred to as Beacon Bay Lot 14 (the "Property") as evidenced by a Memorandum of Lease (the "Memo") recorded on July 13, 2012, as Instrument No. 2012000399066 in the Official Records of Orange County (the "Lease"). B. On May 19, 2015, James A. Helfrich and Cynthia F. Helfrich created an inter vivos revocable trust, the "Helfrich 2015 Revocable Trust" (the "Trust"), and James A. Helfrich and Cynthia F. Helfrich are the trustees and the sole beneficiaries of said Trust ("Trustees"). 5ebt� C. On eetebe1 2lv , 2017, without notice to City, Assignor and Assignee executed an Assignment and Assumption of Lease pursuant to which Assignor assigned to Assignee (and Assignee assumed from Assignor) all of Assignor's right, title, interest and obligations under the Lease ("Lease Assignment"). R, -COI -"!NG REQUESTED BY FIRST Afvi__KICAN TITLE COMPANY RESIDENTIAL DIVISION Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk (Exempt From Recording Fees Pursuant to Government Code § 27383) aT7 3 F6 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE ("Memorandum") is made and entered into as of the,'21-,H' day of October 2017, by and among James A. Helfrich and Cynthia F. Helfrich, as joint tenants ("Assignor"), James A. Helfrich and Cynthia F. Helfrich, as Trustees of the Helfrich 2015 Revocable Trust dated May 19, 2015 ("Assignee") and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") on the following terms and conditions: RECITALS A. The City entered into that certain lease dated July 13, 2012, with Assignor concerning certain real property described as: Lot 14 as shown on the map filed in Book 9, Pages 42 and 43 of Record of Surveys, in the Office of the County Recorder, County of Orange, State of California, sometimes referred to as Beacon Bay Lot 14 (the "Property") as evidenced by a Memorandum of Lease (the "Memo") recorded on July 13, 2012, as Instrument No. 2012000399066 in the Official Records of Orange County (the "Lease"). B. On May 19, 2015, James A. Helfrich and Cynthia F. Helfrich created an inter vivos revocable trust, the "Helfrich 2015 Revocable Trust" (the "Trust"), and James A. Helfrich and Cynthia F. Helfrich are the trustees and the sole beneficiaries of said Trust ("Trustees"). Sebc,� C. On Aetai�e `L(p , 2017, without notice to City, Assignor and Assignee executed an Assignment and Assumption of Lease pursuant to which Assignor assigned to Assignee (and Assignee assumed from Assignor) all of Assignor's right, title, interest and obligations under the Lease ("Lease Assignment"). NOW, THEREFORE, the parties hereby agrees as follows: 1. The City does hereby consent to the assignment of James A. Helfrich and Cynthia F. Helfrich's interest in and to the Lease as joint tenants, to James A. Helfrich and Cynthia F. Helfrich, as Trustees of the Helfrich 2015 Revocable Trust dated May 19, 2015. Any further distribution of the Property under the Trust, whereby James A. Helfrich and Cynthia F. Helfrich are not the sole beneficiaries, shall not be considered an exempt transfer, as defined in the Lease. 2. All covenants, conditions, and restrictions of the Lease as set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and beneficiaries. 3. The Lease 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 interest of the City thereunder, except as otherwise provided herein. 4. Upon the death of the last to die of the Trustees, the successor Trustee shall comply with all provisions of the Lease, including those conditions precedent and rent requirements of Section 3 of said Lease. Trustees agree to provide a copy of the complete Trust containing these provisions to the City. 5. 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 Trustee: Helfrich 2015 Revocable Trust Attention: Trustee 14 Beacon Bay Newport Beach, CA 92660 Notice to City: Attention: City Manager 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 by giving to the party intended to be bound thereby, in the manner provided herein, written notice of such change. 6. The Memo is hereby amended such that the "Lessee" identified therein shall mean and refer to Assignee. Memorandum Page 2 7. This Memorandum shall become effective upon recording. [SIGNATURES ON FOLLOWING PAGE] Memorandum Page 3 EXECUTED on the dates indicated below, at Newport Beach, Orange County, California. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: to C. H rp City Attorne`'� ATTEST: Date: / 1� L� [+ )I �'[ rj Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: t od 231 t� Dave 'ff City Manager ASSIGNO,IZ�James A. Helfrich and Cynthia F. Hjelricll,,eJoint Tenants A. H&Frich Date: Cynthia K -./Helfrich ASSIG : Helfrich 2015 Revocable da,td?V, 2015 D� Jaknes"A.We`Cfrich, Trustee Date: q0 t) �� (:: j / V�4 - - Cynt 'a F. Helfrich, Trustee Memorandum 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 validitv of that document. State of Califo nia Coun of d 1, ) ss. On /G 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 and PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true an coirect. LARA 70PJIAN d official seal. Commission # 2137421 �•a Notary Public - California Z Los Angeles County My Comm. Ex ares Dec 18, 2019 (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 validitv of that document. State of California Coun o } ss. On 20 before me, �' !� Notary Public, personally appeared proved to me on the basis of satisfactory evidence to/be the pers n(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 zfer PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true aorrect. and official seal. a LARA TOPJIAN fie Commission # 2137421 z Notary Public - California z Los Angeles County D Signature My Comm. Expires Dec 18.2019 (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 validitv of that document. State of California County of O RR N L7 E } ss. On d CTU BC PZ 7-1 20 11 before me, J � NN l F EM p NN 0VLVLzt, Notary Public, personally appeared D py E 1L1 F- F- , 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/ executed the same in his/her/4teirr authorized capacity(i@s), 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. :,:.. Jennifer Ann Mulvey my hand and official seal.COMM #2214138 D w w! +b Notary Public - California y 0 ANGECOUNTY A }z My Commission Expires Oct. 12, 2021.. ♦N^.+IM��N1�M�N1�H1 (seal)