HomeMy WebLinkAboutC-7349-28 - Beacon Bay, 66 - Consent to Assignment of Leasehold Interest 2014RECORDING REQUESTED BY AND Recorded in Official Records, Orange County
WHEN RECORDED RETURN TO:
Hugh Nguyen, Clerk -Recorder
City of Newport Beach III I II II II II II II II I III II I I II NO FEE
City Manager's Office $ R o 0 0 6 6 3 1 3 6 5$
P.O. Box 1768 201400014219211:43 am 04/15114
Newport Beach, CA 92658-8915 65 414 C34 s
0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00
Exempt from recording fees pursuant to
Govt. Code section 27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CONSENT TO ASSIGNMENT OF LEASEHOLD INTEREST
THIS CONSENT TO ASSIGNMENT is given this _L4� day of April, 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 August 21, 2013, with Gareth Richard
Ashworth, an unmarried man ("Lessee"), concerning certain real property described as:
Lot 5 of the eastside addition to Beacon Bay recorded on Official Maps, Book 2, Page
30 in the Office of the County Recorder, County of Orange, State of California,
sometimes referred to as Beacon Bay Lot 66 (the "Property"), as evidenced by a
Memorandum of Lease recorded on August 22, 2013, as Instrument No.
2013000498974 in the Official Records of Orange County (the "Lease").
B. On March 20, 2014, Gareth Richard Ashworth created the GARETH R.
ASHWORTH REVOCABLE TRUST, and Gareth R. Ashworth is Trustee of said Trust.
C. Pursuant to Section 3.5 of the Trust documents, interest in and to the Lease
is required to be assigned to the Trust and Gareth R. Ashworth does hereby assign said
Lease interest to the Trust.
CONSENT
NOW, THEREFORE, the City does hereby consent to the assignment of Gareth
R. Ashworth's interest in and to the Lease to GARETH R. ASHWORTH, Trustee of the
GARETH R. ASHWORTH REVOCABLE TRUST, dated March 20, 2014.
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 Section 3.8 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
Gareth R. Ashworth Revocable Trust
66 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]
2
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: 3 -02 5 — Ig
By: lk�vw�)�t'LLLulvvo
Aaron Harp
City Attorney 0
ATTEST:
Date:
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By:—%l/I ��(/ / r� r X
Leila i I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: � - q. I
By:
Dave i
City Manager
LESSEE
Date: , V2 -T,
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GaretD,Ro%sliwort
Trustee of the Gareth R. Ashworth
Revocable Trust, dated March 20, 2014
3
ACKNOWLEDGMENT
State of California
County of O 9=)1 c & C } SS.
On W1 QC—N 21, 2D t1k before mejENN1Fc-V2, kNt-s MU(SC-1 ,
Notary Public, personally appeared GPrt2i;_--`rj4 Pii5o W O('T-�-1
who proved to me on the basis of satisfactory evidence to be the person(R) whose
name( is/a^ subscribed to the within instrument and acknowledged to me that
he/ ,pre/t y executed the same in his/hef/tV*r authorized capacity(Le!�), and that by
his/h,e/thpir signatures(ps on the instrument the person(s), or the entity upon behalf of
which the personxacted, 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
[I
(seal)
JENNIFER MULVEY
Commission #ti 2045022
Notary Public California s
Orange County
My comm. Ex ires Oct 12, 2017
ACKNOWLEDGMENT
State of California
County of 092: IA (n E } SS.
On A P?Q L c , 2014 before me, CCN N tFF-Q, {M U �-V E`I
Notary Public, personally appeared DkE 14 -\FF
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.
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(seal)
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