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HomeMy WebLinkAboutC-7311-8 - Beacon Bay, 57 - Consent to Assignment of Leasehold Interest 2014RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach City Manager's Office P.O. Box 1768 Newport Beach, CA 92658-8915 Exempt from recording fees pursuant to Govt. Code section 27383 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder ]111J� I� I I�I II I� II il l ��l I I I IIII,1 �I ( ! I� N 0 F E E *$ R 0 0 0 7 1 8 6 7 1 8$ 2014000558656 8:02 am 12126114 47 414 C34 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST THIS CONSENT TO ASSIGNMENT is given this ,�ay of November, 2014, by the CITY OF NEWPORT BEACH, a California municipal corporation and charter city (hereinafter the "City") on the following terms and conditions: RECITALS A. The City entered into a Lease dated October 13, 1998, with Martin J. Burke, a single man, as to an undivided one-half interest, and Martin L. Burke and Janis G. Burke, husband and wife ("Mr. and Mrs. Burke"), as to an undivided one-half interest as tenants in common ("Lessee"), concerning certain real property described as: Lot No. 57, 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"), as evidenced by a Memorandum of Lease recorded on October 30, 1998, as Instrument No. 19980740182 in the Official Records of Orange County (the "Lease"). B. On May 10, 2012, Martin J. Burke created the MARTIN J. BURKE LIVING TRUST (the "Trust"), and Martin J. Burke is Trustee of said Trust. C. On September 30, 2014, the Trustee 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 Martin J. Burke's interest in and to the Lease to MARTIN J. BURKE, Trustee of the MARTIN J. BURKE LIVING TRUST, dated May 10, 2012, subject to the following: 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 Trustor, 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. Trustor agrees 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 Martin J. Burke Living Trust 57 Beacon Bay Newport Beach, CA 92660 Notice to City: Attention: City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 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] E APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: -11 / 13 IN By: Aaron Harp City Attorney ATTEST: Date: By: 1411w Lei ani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 124 111 'Lok By: Dave KfffJ City Manager LESSEE Date: By: Martin J. Burke, Trustee of the Martin J. Burke Living Trust, dated May 10, 2012 K ACKNOWLEDGMENT State of California County of I a_n� QV ) ss. cV cl r) � On 1 � 'iL, before me, K A 1� kj a ,y1A , Notary�c, personally appeared yl rl t a✓� who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(&) is/are- subscribed to the within instrument and acknowledged to me that he/she-4hey executed the same in his/hef/t-heir authorized capacity(ies); and that by his/heft-eir signatures( -sl 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. I ILS Signature 0 I H. BADANI m ' COMM.1977059 " NOTARY PUBLIC -CALIFORNIA —{ LOU ORANOECOUNTY W My Tenn Exp. May 31, 2016 (seal) CALIFORNIA• • OD S: a�._�: _s. sa<_s. _.�Csa¢ c_..¢.-�.-�.•s� aa•...C!c�C C . C �C•.� .�,•�iC_.�R-�C C ...�.;..`.._s..•�< CSC .;mss.Cs.CC.. 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 validity of that document. State of California ) County of �— ) On lr Z01 before me, ryL Date Here Insert Name and Title of the Officer personally appeared I" C k l -PP Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personkWwhose names) is/a*e- subscribed to the within instrument and acknowledged to me that he/S,�q executed the same in his/her6ef authorized capacity(OW, and that by his/herlheir-signature(syon the instrument the person,# or the entity upon behalf of which the person�"cted, 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. KIM RIEFF WITNESS my hand and official seal. Commission # 1967536 Notary Public - California i / Orange County ' Signature LOWM Comm, ires Jan 26, 2016 + Signature of No ry ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L.`✓.V: •✓ '.•1.�:.y _�/`.•r,:'.Lr.`.4�i,.'✓`✓•.•l.'el::�6�.'✓4'•J.'L6VG:✓'S�6v:.v6�tiG•✓'/..'✓:�:'•✓'6�.V .�.�::✓:/.��./:'•✓4�✓L 1 • • • • • • • • ill "(1-800-876-6827)91 EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 27383 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 Recorded in Official Records, Orange County Toni Dale, Clerk -Recorder IIIII!I!!I(III!IIII!!Illlllllllllllllllllllllllllllllllillll!!illlllll!IIIINO SEE 2006000845355 1111a 12/18/00 115 79 C:34 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST TO A LIVING TRUST THIS CONSENT is given this day of Al , 2006, 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 October 13, 1998, with Martin J. Burke, a single man, as to an undivided one-half interest, and Martin L. Burke and Janis G. Burke, husband and wife C'Mr. and Mrs. Burke"), as to an undivided one-half interest as tenants in common, concerning certain real property described as: Lot No. 57, 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"), as evidenced by a Memorandum of Lease recorded on October 13, 1998, as Instrument No. 19980740180 in the Official Records of Orange County (the "Lease'. B. By declaration dated July 27, 1988, Martin L. Burke and Janis G. Burke, as Trustees established the BURKE FAMILY 1988 TRUST. CONSENT NOW, THEREFORE, the City does hereby consent to the assignment of Mr. and Mrs. Burke's interest in and to the Lease to MARTIN LEE BURKE and JANIS GAYLE BURKE, Trustees of the BURKE FAMILY TRUST, dated July 27, 1988, 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 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 57 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. This Consent to Assignment shall not be effective until recorded. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH CITY MANAGER 49 MARTIN LEE BURKE, TRUSTEE i JANIS GAYLErBURKEj'TRUSTEE t_. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californ' r 161 , p County of l./ I ss. OnJ)Qmba before me, 614, 1 • �(Own t Afar, b) Date r Name and Ttle of Officer (e.., "Jane Doe, Nota Public") personally appeared tw WI�ai Name(s) of Signer(s) Xpersonally known to me UMAbN AVN ❑proved to me on the basis of satisfactory Canienkan—a ii evidence evidence iMy moble - cawornio orarpe county _ �%r1*C0ftVM&Pk" n23.201 to be the person(s) whose names} is/a*a subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/4@0t°reir authorized capacity(-ke, , and that by his/hopAheir- signature(@� on the instrument the person(*, or the entity upon behalf of which the person+@) acted, executed the instrument. WITNES y hand and o�eal.' Signature of No a blic 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 DocumentL r �n o �,, jp Title or Type of Document: nits" I '-U 0 k7) GIS � t 1 7'��� (° � � "� I yt 1 "4'es Document Date: I ) �0d0 I _ � el Livi --rrv&-� � umber of Pages: ,` Signer(s) Other Than Named Above: V ��I f f'C� 4 J Vy Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT n State of 'r C:e County of% On 0j� w�3 ,:� ` Z� �`�Jbefore me, Date , /� > Name and Title f Officer (e.g., "Jane Doe, Npt Publid) personally appeared V '� 1 a- ,r-� t -1� e �. (-j' �. C. 14 zu ti 1 Name(s) of Signer(s) ❑ personally known to me - OR -°%roved 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. WITNESS my hand and official seal. 6�wlj pu-Oilxuz 1Q�7 ' Signature of Notary Public t jt C_ 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: k4�G �iJr y i �a 5T Document Date: N c) i A tiM h, �J�� �.1 •� . e�f� (.(_ Number of Pages: Signer(s) Other Than Named Above: `�' (' LA,'� Capacity(ies) Claimed by Signer(s) Signer's Name: N q�,A Lc, el V k ca- ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact `g Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER of thumb here Signer's Name: -_AQ, VA (6 ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact J -Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. of thumb here 0 1994 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827