HomeMy WebLinkAboutC-7280-5 - Beacon Bay, 30 - Lessor's Consent and Agreement, Consent to Assignment 2007 - 2012RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Manager
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658-8915
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
11111 �111111111111111111111111111111111111 11111111111 III II NO FEE
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THIS SPACE FOR RECORDER'S USE ONLY.
Exempt Recording Request per Government Code 27383
TITLE OF DOCUMENT:
Consent to Assignment
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Newport Beach
City Manager's Office
P.O. Box 1768
Newport Beach, CA 92658-8915
CONSENT TO ASSIGNMENT
THIS CONSENT is given this 17th day of February, 2011, 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 November 26, 1996, with Joy L. Monroe, an
Unmarried Woman (Lessee), concerning certain real property described as: Lot 30 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 30
(the "Property"), as evidenced by a Memorandum of Lease recorded on November 26, 1996, as
Instrument No. 19960604215 in the Official Records of Orange County (the "Lease').
B. On November 4, 1999, Ms. Monroe and Mark D. Cernich were married.
C. On March 31, 2010, Mark D. Cernich and Joy L. Cernich created the CERNICH
FAMILY LIVING TRUST, which is more formally known as: MARK D. CERNICH and JOY L.
CERNICH, Trustees of the CERNICH FAMILY LIVING TRUST, dated March 31, 2010.
C. On February 2, 2011, the Trustees executed The First Amendment to the CERNICH
FAMILY LIVING TRUST whereby all interest in and to the lease was assigned to the Trust.
CONSENT
NOW, THEREFORE, the City does hereby consent to the assignment of Joy Monroe's
(aka Joy Cernich) interest in and to the Lease to MARK D. CERNICH and JOY L. CERNICH,
Trustees of the CERNICH FAMILY LIVING TRUST, dated March 31, 2010:
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 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.
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 or communication in a United States post office in Orange
County, California, as certified 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 30
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 4 by giving to the party intended to be bound
hereby, in the manner provided herein, a written notice of such change.
5. This Consent to Assignment shall not be effective until recorded.
EXECUTED on Septum 6 (13_ d 0 'at Newport Beach, Orange County, California.
CITY OF NEWPORT BEACH
BY: &" L
C ANAGER
ATTEST:
A RK ERNICH, TRUSTEE
�-U,sTee
. CERNICH, TRUSTEE /
City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
On September 13, 2011 before me, M Locey, Notary Public, personally appeared David
A. Kiff who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature 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.
WITNESS my hand and official seal.
Title or Type of Document:
Consent to Assignment of Leasehold Interest to a Living Trust
(SEAL)
Notary Public in and for said SP"--- A9. LOCEY
Commission # 1864451
i .'s NotarVIA zi�� y
Public -California z
Z Orange County n
Nt Comm. Expires Oct 7, 2013
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
On October 25, 2011 before me, M Locey, Notary Public, personally appeared Mark D.
Cernich and Joy L. Cernich, who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) +sure subscribed to the within instrument and
acknowledged to me that horse/they executed the same in 4„�-i= r /their authorized
capacity(ies), and that by mer/their signature(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.
M. LOCEY
F�o Commission # 1864451 Z
WITNESS my hand and official seal.z ,_: Notary Public - California
Z Orange County
M Comm. Ez ires Oct 7, 2013
(SEAL)
Notary Public in and for said e
OPTIONAL INFORMATION
Title or Type of Document:
Consent to Assignment of Leasehold Interest to a Living Trust
Date of Document: February 17, 2011
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Manager
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658-8915
TITLE OF DOCUMENT:
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
2010000073939 9:52 am 02/17/10
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THIS SPACE FOR RECORDER'S USE ONLY.
Exempt Recording Request per Government Code 27383 _
4!
Lessor's Consent and Agreement (30 Beacon Bay)
City Manager's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
THIS SPACE FOR RECORDER'S USE ONLY
LESSOR'S CONSENT AND AGREEMENT
Loan No: 1865334187
Recitals
Borrower, referred to in this Agreement as "Lessee" and as more
particularly described in Exhibit A, has applied for a loan from Union Bank, NA
("Lender) to be secured by leased property, as such property is more particularly
described in Exhibit A ("Property"). Lessee currently holds or will acquire upon
consummation of the pending transaction, a leasehold interest under the lease
described in Exhibit A ("Lease") in which the undersigned ("Lessor") is the lessor.
Agreement
The information on Exhibit A is incorporated herein by reference.
2. The property is subject to the Lease described in Exhibit A. The
lease documents described in Exhibit A constitute the entire agreement of
Lessee and Lessor regarding the Property. The lease is in full force and effect
and unmodified. All rents and other charges due have been paid, there are no
other defaults and the Lease is in good standing. Lessor has no knowledge of
any facts which now or after the passage of time or the giving notice, or both,
would constitute a default under the Lease. The payments required under the
Lease are set forth in Exhibit A. Payments and notices to Lessor are deliverable
as set forth in Exhibit A. Lessor has no claims outstanding against Lessee in
connection with the Property.
Loan No: 1865334187
3. Lessor consents to the granting of a security interest in Lessee's
interest in the lease to Lender. Lessor agrees to send concurrently to Lender
copies of any notices sent to Lessee pertaining to Lessee's default or Lessor's
intent to terminate the Lease or any part thereof by certified U.S. mail. No
modification or termination of the Lease agreed upon by Lessee shall be effective
without the express written consent of Lender. Notice will be provided to Lender
by certified mail at the following address: Union Bank, NA, 3151 E. Imperial
Hwy., Brea, CA 92821, referencing the Loan Number set forth on Exhibit A or at
such other address given to the undersigned by Lender, at the same time as the
notices are sent to Lessee.
4. Should the Lease be terminated for any reason prior to expiration of
its stated term, Lessor shall, upon written request by Lender to Lessor made
within sixty (60) days after such termination, enter into a new lease ("New
Lessee") with Lender as the Lessee. The New Lease shall have a term equal to
the remainder to the stated term of the Lease has it not been terminated prior to
the end its stated term. The New Lease shall have the same covenants,
conditions and agreements (except for any requirements which have been
satisfied by Lessee prior to termination) as are contained in the lease. Lessor
shall be required to enter into the New Lease only if Lender has remedied and
cured all monetary defaults under the lease and has cured or has commenced
and is diligently pursing completion of the cure of all non -monetary defaults of
Lessee susceptible to sure any party other than by the original Lessee.
5. This consent and agreement shall not operate to change or
supercede the terms & conditions of the lease in the event of a conflict, the terms
of the lease shall prevail.
D Kiff, City Manager
Lessor
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of CRPrr 1G F
OnFf_b!30j500)L-) before me, �-I W--1 AA (, A541KI18Th1J k p0 8Ll L
Date /� Here Insert Name and le of the Officer
1DJA-Vir)personally appeared A - �FF
Name(s) of Sioner(s)
who proved to me on the basis of satisfactory evidence to
be the person(/ whose name') is/a* subscribed to the
within instrument and acknowledged to me that
he/*e/t� executed the same in hisAr/t�%ir authorized
L. WASHING rUN capacity ), and that �1bDhIS/hKr/tVqir signature) on the
Commission s 1840150 instrument the personor the entity upon behalf of
Notary Public - California i which the person acted, executed the instrument.
Orange County
M Comm. Expires Mar 12, 2013+ I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my and of I ial seal.
Signature
Place Notary Seal Above Signature of Notary 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 q CA AJ
l'.
Title or Type of Document: LASS a 12S M5 -E I T MD
Document Date: unsIe - Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
.. of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
•p of thumb here
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827
EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Loan No. 1865334187
Unit No
1. Borrower's (Lessee) Name: Joy Monroe, aka Joy L. Cernich
2. Property Address: 30 Beacon Bay, Newport Beach, CA 92660
3. Property's Legal Description (if a metes & bounds attach legal): See Attached
4. Developer/Condo Homeowners Assoc. (Lessor) Name: Beacon Bay
5. Lease (including all amendments and dates): See Attached
6. Borrower (Lessee's) Current Monthly Lease Payment $1,106.16
Payments are current (circle eithe Yes r No).
7. Deliver notices and payments to Lessor at: City Manager's Office, City of Newport
Beach, P.O. Box 1768, Newport Beach, CA 92658-8915
8. Term of Lease: 50 Years; commenced on 11/26/96;
Expires on July 1, 2044
If applicable: Pursuant to the Lease, Lessee has the right, at its option, to renew the term
of the Lease for N/A consecutive renewal terms of N/A years each.
1
ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Property Description
Lot 30 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.
RECORDING REQUESTED by
RPST AMERICAN Tn LE COMPAW
City Manager's Office
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
34 92Z �
Recording Request by
Zang recording Services on
behalf of : FLA
Th�s Document v 3 electronically recorded by
Zang Recording Services GG—13
Re orded in Official Records, Orange County
To Daly, Clerk -Recorder
24.00
2007000722336 08:00am 12/10/07
108 73 C34 Al2 5
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THIS SPACE FOR RECORDER'S USE ONLY
LESSOR'S CONSENT AND AGREEMENT
Recitals
Loan No: 1685926188
Borrower, referred to in this Agreement as "Lessee" and as more
particularly described in Exhibit A, has applied for a loan from Union Bank of
California, NA ("Lender) to be secured by leased property, as such property is
more particularly described in Exhibit A ("Property"). Lessee currently holds or
will acquire upon consummation of the pending transaction, a ieasehoid interest
under the lease described in Exhibit A ("Lease") in which the undersigned
("Lessor") is the lessor.
Agreement
1. The information on Exhibit A is incorporated herein by reference.
2. The property is subject to the Lease described in Exhibit A. The
lease documents described in Exhibit A constitute the entire agreement of
Lessee and Lessor regarding the Property. The lease is in full force and effect
and unmodified. All rents and other charges due have been paid, there are no
other defaults and the Lease is in good standing. Lessor has no knowledge of
any facts which now or after the passage of time or the giving notice, or both,
would constitute a default under the Lease. The payments required under the
Lease are set forth in Exhibit A. Payments and notices to Lessor are deliverable
as set forth in Exhibit A. Lessor has no claims outstanding against Lessee in
connection with the Property.
1
Loan No: 1685926188
3. Lessor consents to the granting of a security interest in Lessee's
interest in the lease to Lender. Lessor agrees to send concurrently to Lender
copies of any notices sent to Lessee pertaining to Lessee's default or Lessor's
intent to terminate the Lease or any part thereof by certified U.S. mail. No
modification or termination of the Lease agreed upon by Lessee shall be effective
without the express written consent of Lender. Notice will be provided to Lender
by certified mail at the following address: Union Bank of California, NA, 1501
Westcliff Drive, Newport Beach, CA 92660, referencing the Loan Number set
forth on Exhibit A or at such other address given to the undersigned by Lender,
at the same time as the notices are sent to Lessee.
4. Should the Lease be terminated for any reason prior to expiration of
its stated term, Lessor shall, upon written request by Lender to Lessor made
within sixty (60) days after such termination, enter into a new lease ("New
Lessee") with Lender as the Lessee. The New Lease shall have a term equal to
the remainder to the stated term of the Lease has it not been terminated prior to
the end its stated term. The New Lease shall have the same covenants,
conditions and agreements (except for any requirements which have been
satisfied by Lessee prior to termination) as are contained in the lease. Lessor
shall be required to enter into the New Lease only if Lender has remedied and
cured all monetary defaults under the lease and has cured or has commenced
and is diligently pursing completion of the cure of ail non -monetary defaults of
Lessee susceptible to sure any party other than by the original Lessee.
5. This consent and agreement shall not operate to change or
supercede the terms & conditions of the lease in the event of a conflict, the terms
of the lease shall prevail.
1 a
Dav4 KP, Assistant City Nknager
Less r
2
STATE OF CALIFORNIA
COUNTY OF &PAKGe
On a X30, Z00% before me, L lLu kr W PtGAA )1J6Tw Pu& -[C )
personally appeared�(�%P� K/ , personally known to me
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he\s`� 1t 4 executed the same in his%r\Air
authorized capacity ), and that by his/Mr/!pkir signatureM on the instrument
the person or the entity upon behalf of which the person acted, executed the
instrument.
L. WASHINGTON
WITNESS my hand and official seal. Commission # 1556952Notary Public - Calltornla
Los Angeles County
itelMy Comm. Expires Mor 6, 2
Signat e
Notary Public in and for the State of 6)q1-1 FO/Z1
3
EXHIBIT A— LESSOR'S CONSENT AND AGREEMENT
Loan No
1685926188
Unit No.
1. Borrower's (Lessee) Name: Joy Monroe
2. Property Address: 30 Beacon Bay, Newport Beach, CA 92660
3. Property's Legal Description (if a metes & bounds attach legal): See Attached
4. Developer/Condo Homeowners Assoc. (Lessor) Name: Beacon Bay
5. Lease (including all amendments and dates): See Attached
6. Borrower (Lessee's) Current Monthly Lease Payment $1,106.16
Payments are current (circle either(Yes r No).
7
E'?
Deliver notices and payments to Lessor at: City Manager's Office, City of Newport
Beach, P.O. Box 1768, Newport Beach, CA 92658-8915
Term of Lease: 50 Years; commenced on 111/26/96;
Expires on July 1, 2044
If applicable: Pursuant to the Lease, Lessee has the right, at its option, to renew the term
of the Lease for N/A consecutive renewal terms of N/A years each.
ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT
Property Description
Lot 30 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.
5