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Home My WebLink AboutC-7305-8 - Beacon Bay, 45 - Consent to Assignment of Leasehold Interest to a Living Trust 2014go RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I I II III II I I I II I I I I II I I II III 21.00 City of Newport Beach $R000e4a1993$* City Manager's Office 2014000042153 3:29 pm 01131114 P.O. Box 1768 90 413 C34 F13 5 Newport Beach, CA 92658-8915 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST TO A LIVING TRUST 'i T THIS CONSENT TO ASSIGNMENT ("Consent to Assignment") is given this 16th r�� day of January 2014, by the CITY OF NEWPORT BEACH, a California municipal corporation and charter city (hereinafter the "City") on the following terms and == conditions: r RECITALS A. On May 1, 2002, the City entered into a Lease with Anthony R. Curci and Erin E. Curci as individuals ("Lessees"), concerning certain real property described as: Lot 45 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 45 (the "Property"), as evidenced by a Memorandum of Lease recorded on May 16, 2002, as Instrument No. 20020415303 in the Official Records of Orange County (the "Lease"). B. On November 25, 2013, Anthony R. Curci and Erin E. Curci created the "A & E Curci Living Trust" (the "Trust"), and Anthony R. Curci and Erin E. Curci are Trustees of said Trust. C. On December 4, 2013, the Trustees executed The First Amendment to the Trust whereby all interest in and to the Lease was assigned to the Trust ("Lease Assignment"). CONSENT NOW, THEREFORE, the City does hereby consent to the assignment of Anthony R. Curci and Erin E. Curci's interest in and to the Lease as individuals, to Anthony R. Curci and Erin E. Curci as Trustees of the A & E Curci Living Trust, dated November 25, 2013, subject to the following: 1. Said 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 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 Section 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 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: Attention: Trustee A&E Curci Living Trust 45 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 4 by giving to the party intended to be bound thereby, in the manner provided herein, written notice of such change. 5. This Consent to Assignment shall become effective upon recording. [SIGNATURES ON FOLLOWING PAGE] Consent to Assignment Page 2 EXECUTED on the dates indicated below, at Newport Beach, Orange County, California. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 11-1-1-13 Aaron C. arp City Attorney ATTEST: Date: .� . Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: •.l L -tom G,.., . - 5 -- �-- Dave RffP City Manager LESSEE: A & E Curci Living Trust, dated November 25, 2013 Date: l —9— l ny R. Curci, Trustee Date: -Erih'E. Curci, - rustee Consent to Assignment Page 3 CALIFORNIA -•ACKNOWLEDGMENT CIVIL CODE § 1189 :T _c��_�C� _-.� .s�S _c�C_ca _c�C_va�S.a.sa .-a _sa .a�C_s�C_.��_.��_s� _c� .� .�..�C_��C�C_s�YT�S,aS_�C�•_-.�C��C� _TC_saC�S_��C.�.C�.•_s�C.. State of California County of CIZANI&E- On ,3Pj k ILc , ZC)ILI before me,-j0NN1FL.(2- JINN ("Ot-4C-1 , MONRP `{ pl L_V(. Date Here Insert Name and Title of the Officer personally appeared DW\jE- Y- F C- JENiJIFER ANN MULVEY Commission 2045022 2 1....: Notary Public -California z" Orange County Z v y M comm.. Ex ires Oct 12, 2017 Place Notary Seal Above Name(s) of Signer(s) 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 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. WITNESS my hppd and official Signature: Signature of N tar OPTIONAL Though this section is optional, completing this information can deter alterationf the fraudulent reattachment of this form to an unintended documen . Description of Attached Document Title or Type of Document: Number of Pages Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: t or ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: � •ei, ✓ Ly��%6�✓f-'>��6� � ••✓i U4�'J. i�`_: •ate L:� •a'.�rGai6� rrq'.r�•ari ✓ •✓i•✓ •rte •J6'v� -✓ •y ✓ J �.•..•� Ji•.v ACKNOWLEDGMENT State of California County of ) SS. On ' ) -(2\V') C\ 120`-1 before me, J tfSN F v z, �Nr� �Ylv ��/_�(, Notary Public, personally appeared f\M-T i-1 ON `I k 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. State of California County of c1 P 0,N v JENNIFER ANN MULVEY Commission # 2045022 11 Notary Public - California x Z Orange County My Comm. Ex ires Oct 12, 2017 ACKNOWLEDGMENT SS. (seal) On }�,N q ,- c, I -A before me, k\NN Notary Public, personally appeared kAtv E ��Zi� P_) C� C v R c l 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. 0's/ / Sign tur JENNIFER ANN MULVEY ri-001YCommission # 2045022 Z "r Notary Public - California i Orange County r My Comm. Ex ires Oct 12, 2017 (seal)