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HomeMy WebLinkAboutC-7305-9 - Beacon Bay, 45 - Lessor's Consent and Agreement 2014City Manager's Office City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 i—Recorded in Offi'ci)l Records, Orange County Hugh Nguyen; Gferk-Recorder III IUIIII IIN�IIIIIIIIIII I III II III I II I I III 66.00 *$ R 0 0 0 6 5 9 9 8 9 7$ 201400.0121003 8:04 am 04101/14 93 413 ,04- 412 F14 17 0.00 0.06:0.00, 0.00 48.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY �l LESSOR'S CONSENT AND AGREEMENT Loan No: 130-5080 - Recitals Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from John L. Curci, Trustee of the John L. Curci Trust dated December 22, 1993 ("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 (City of Newport) 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. 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 Loan No: 130-5080 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: John L. Curci, Trustee of the John L. Curci Trust dated December 22, 1993, P.O. Box 1549, Newport Beach, California 92659 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. Davi A. Kiff, City Manage City of Newport Beach Lessor 2 STATE OF CALIFORNIA COUNTY OF OP- AN h E Loan No: 130-5080 On QZ-61o,H before me, jFNNIF YL Pcv l'Y��L� TupmIZA jaUjooC personally appeared DAVF. VL F , who proved to me on the basis of satisfactory evidence to be the personXwhose namq� is/5pd subscribed to the within instrument and acknowledged to me that he/s,Pre/t" executed the same in his/I of/their authorized capacityos`), and that by his/har/their signature(') on the instrument the person(s), 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. JENNIFER ANN MULVEE Commission # 2045022 WITNESS my hand and official seal. z .atm Notary Public - California z Orange County My Comm. Expires Oct 12, 2017 Signature (Seal) 3 EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Loan No. 130-5080 N/A Unit No. 1. Borrower's (Lessee) Name: Anthony R. Curci and Erin E. Curci, Trustees of the A&E Curci Living Trust dated November 25, 2013 (see attached trust assignment) 2. Property Address: 45 Beacon Bay, Newport Beach, CA 92660 3. Property's Legal Description (if a metes & bounds attach legal): See Attached 4. Developer/Condo Homeowners Assoc.: Beacon Bay 5. Lease (including all amendments and dates): See attached memorandum 6. Borrower (Lessee's) Current Monthly Lease Payment Payments are current (circle eithe Yes r No). $ 1,952.97 7. Deliver notices and payments to Lessor at: City Manager's Office, City of Newport Beach, 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 8. Term of Lease: 50 Years; commenced on Expires on July 1, 2044 May 16, 2002 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. iv ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Property Description 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. E ATTACHMENT TO EXHIBIT A - MEMORANDUM OF LEASE `k - C 1}Lf i nis uocumer• was eiectronicany recoraed by '1 1 Equity Title RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Manager's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records,County of Orange Darlene Bloom, Interim Clerk -Recorder II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII III 14.00 20020415303 04:16pm 05/16/02 117 27 M11 5 0.00 0.00 0.00 0.00 8.00 0.00 0.00 0 00 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is made and entered into by and between THE CITY OF NEWPORT BEACH, a chartered municipal corporation, herein called "Lessor", and ANTHONY R. CURCI and ERIN E. CURCI herein called "Lessee", to witness that: Lessor hereby leases to Lessee, on the terms and conditions set forth in that certain lease by and between the parties hereto dated /})cis / )Q, and ending on July 1, 2044, all the terms and conditions of which lease are Made a part hereof as though fully set forth herein, all those certain premises in the County of Orange, State of California, described as follows: 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. EXECUTED on /� - r .F -/2002, at Newport Beach, Orange County, California. NO CONSIDLRA ION TLI -1 OF LEASE LESS THAN 99 YEARS CITY CLERK APP QED AS TO FORM: CITY ATTORNEY THE CITY OF NEWPORT BEACH e _ CITY MANAGER. H� omer Bludau Lessee: Anthony R. Curci Lessee: frin E. Curci CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ;! ti County of vU 2 before me, t 1 �(1/l brmn 1Nc"(q4On Date Name and Title of Officer (e.g., 'Jane Doe, N lary Public') c! y personally appeared �i Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory 0yLEILANI I. BROWN Commission 0 1336673 Z z Notary Public - California Orange County My Comm, ExpIr" Jim 25, 2000 evidence to be the personowhose nam)e is/ai subscribed to the within instrument and acknowledged tome that he/s e/ tulhorized xecuted the same in his/her/ ei5� capacity fes and that by his/her/ ei signaturSO on the instrument the person s , or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notanf 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(ies) Claimed by Signer Signer's Name: -_-_ EI Individual D1 Corporate Officer — Title(s): 0 Partner — ❑ Limited D General Attorney in Fact EI Trustee t ? Guardian or Conservator FJ Other: Signer Is Representing: _ Number of Pages: MIOU r-: Top of thunnh here 0 Q 1999 National Notary Association - 9350 Ce Solo Ave_ P0. Boz 2402 - Chatswonh, CA 91919-2402 - w vrialionalnotaiyorg `rod No. 5907 Reorder Call Toll -Ree 1-800-875-0827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALRNIA )SS COUN OF y before me,�[ j`} personally appeared , l i v, Qf r personally known to me ( r proved Ito me on the b is of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged t e t 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 th en 'ty on behalf of which d pe son(s) acted, executed the instrument. BRIAN J. FOXCROFT NOTARY PUBLIC - CALIFORNIA m COMMISSION # 1295961 c ORANGE COUNTY My Comm. Exp. March 31, 2005 This area for official notarial seal OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) [ ] PARTNER(S) - [ ] LIMITED [ ) GENERAL [ ] ATTORNEY-IN-FACT [ ] TRUSTEE(S) [ ] GUARDIAN/CONSERVATOR [ ] OTHER SIGNER IS REPRESENTING: Name of Person or Entity TITLE(S) Name of Person or Entity OPTIONAL SECTION Though the date requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW M A C� TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES i SIGNERS) OTHER THAN NAMED ABOVE 4 DATE OF DOCUMENT �A.- -- ;:�2't" () �§1 �Titie 2112 E. 4TH STREET.,STE.100 SANTA ANA, CA 92705 (714) 972-4200/972-4202(fax) GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: t . LE�iName of No ary a Date Commission Expires: c `_ County Where Bond is Filed: Commission Number: (.0G2 Vendor Number: Place of Execution: Date: Sigm NN Equity Title Company 2112 E. 4TH STREET.,STE.100 SANTA ANA, CA 92705 (714) 972-4200/972-4202(fax) GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads asfol ows: Name of Notary: Date Comrnission Expires: County Where Bond is Filed: Commission Number: 21I Vendor Number: Place of Execution: Date: Signature: JL ATTACHMENT TO EXHIBIT A - CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST TO A LIVING TRUST go RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Recorded in Official Records, Orange County Hugh N u�en, Clerk -Recorder 21.00 City of Newport Beach I *$ R 0 0 0 6 4 8 1 9 9 3$ City Manager's Office 2014000042153 3:29 pm 01/31114 P.O. Box 1768 € 90 4'! 3 C34 F13 6 Newport Beach, CA 92658-8915 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 i SPACE ABOVE THIS LINE FOR RECORDER'S USE CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST TO A LIVING TRUST I1 THIS CONSENT TO ASSIGNMENT ("Consent to Assignment") is .given this 16"' r'r day of January 2014, by the CITY OF NEWPORT BEACH, a California municipal -'F corporation and charter city (hereinafter the "City") on the following terms and conditions: ► 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 OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: 17- - 11 - 13 Date: Aaron C. Harp Dav—eMfP City Attorney 0 City Manager ATTEST: LESSEE: A & E Curci Living Trust, Date: dated November 25, 2013 Date: Leilani I. Brown City Clerk Anthony R. Curci, Trustee Date: �— U°A Erin'E. Curci,-Trustee Consent to Assignment Page 3 CALIFORNIA -•ACKNOWLEDGMENT CIVIL •D .A\. aC.A� .A .A .A A A A .A .A .A A1.61 .AC.A .A ✓- .q .61 .ANAN_G\ .A .Y� .A\_9a _S� .A\.A .A .A�\.A _ � .AQ.A . State of California County of 0RAr j&E On .JP1111 1\.r. , 2_0ILl before me, ji✓NNiCLr2 ONN (yo -'11H MOVAIQL`( Date Here Insert Name and Title of the Officer personally appeared DOje_ KI F�: JENNIFER ANN MULVEY Commission # 204502 Z '� a :•o ;; � � Notary Public - California Orange County M comm. Expires 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 h d and official Signature: nature of OPTIONAL --}-!- Though this section is optional, completing this information can eter alteration fraudulent reattachment of this form to an unintended doCumE Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: C Corporate Officer — Title(s): C Partner — C Limited ❑ General O Individual C Attorney in Fact C Trustee C Guardian or Conservator C Other: Signer Is Representing: the stbcument or Signer's Name: _ — C Corporate Officer — Title(s): C Partner — C Limited C General ❑ Individual C Attorney in Fact C Trustee C Guardian or Conservator C Other: Signer Is Representing: �..Tz.nzvr���srv-rtr�.r ra zv�4r.� ,.., _ ._-�nL•',�i�'��' �O,Ui - - - © 2013 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT State of California County of C - w N )SS. On' yA 1 before me, � (�N«-Cr� (\Nw VYI��V �( Notary Public, personally appeared f\Nl +-1 ON -(yw 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. Signatu e iihd' JENNIFER ANN MUIVEY Commission # 2045022 Z ; -.i Notary Public • California Z ' Orange County 4 Comm. Ex ices Oct 12, 2017 ACKNOWLEDGMENT State of California County of 0 P <, G. }ss. (seal) On ; };cam q , Z o �A before me, %(yN c x:11 MN 0U �-4G `i , Notary Public, personally appeared �-- 1Z\ti CUR c \ 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. Sign tur JENNIFER ANN MULVEY Commission # 2045022 Z , + Notary Public - California i Z �' Orange County D M Comm, Expires Oct 12, 2017 (seal)