HomeMy WebLinkAboutC-7305-10 - Beacon Bay, 45 - Lessor's Consent and Agreement 2018Batch 3345732 Confirmation
RECORDING REQUESTED BY:
Bank of Hope
WHEN RECORDED RETURN TO:
Bank of Hope
3200 Wilshire Boulevard, Suite 400
Los Angeles, CA 90010
Attn; Janette Mah,
EVP -Chief Mortgage Banking Officer
WITH A COPY TO:
City of Newport Beach
City Clerk's Office
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658-8915
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
78.00
*$ R 0 0 1 0 0 5 0 4 3 6$
2018000152038 9:12 am 04127118
90 SCS Al2 C34 21
0.00 0.00 0.00 0.00 60.00 0.00 0.000.000.00 6.00
[SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY]
Loan No: 1801003427
LESSOR'S CONSENT AND AGREEMENT
THIS LESSOR'S CONSENT AND AGREEMENT ("Lessor's Consent") is given this '1W'N
day of April 2018, by the CITY OF NEWPORT BEACH, a California municipal corporation
and charter city ("City" and "Lessor"), and acknowledged and agreed to by Anthony R.
Curci and Erin E. Curci as Trustees of the A & E Curci Living Trust dated November 25,
2013, ("Borrower" and "Lessee"), on the terms and conditions outlined below.
RECITALS
A. On May 1, 2002, the City entered into that certain lease agreement with
Anthony R. Curci and Erin E. Curci, as individuals, concerning certain real property
located generally at 45 Beacon Bay in the City of Newport Beach, California ("Property"),
as evidenced by that Memorandum of Lease, dated April 24, 2002 and recorded May 16,
2002 as Instrument No. 20020415303 in the Official Records of Orange County,
California.
B. On January 16, 2014, the lease agreement was assigned from Anthony R.
Curci and Erin E. Curci, as individuals, to Lessee as evidenced by that certain Consent
to Assignment of Leasehold Interest to a Living Trust, recorded January 31, 2014 as
Instrument No. 2014000042153 in the Official Records of Orange County, California (the
Page 1 of 6
https://gs.secure-recording.com/Batch/Confirmation/3345732 04/27/2018
Batch 3345732 Confirmation
Loan No: 1801003427
lease .agreement and assignment thereof, collectively, are referred to herein as the
"Lease").
C. Borrower, referred to in this Lessor's Consent and as more particularly
described in Exhibit A, has applied for a loan from Bank of Hope ("Lender") to be secured
by the leased Property, as such Property is more particularly described in. Attachment 1
to Exhibit A.
CONSENT.AND AGREEMENT
NOW, THEREFORE, the City does hereby consent to the assignment of Lessee's
Interest in and to the Lease to Lender under a Leasehold Deed of Trust, subject to the
following:
1. The Property is subject to the Lease described above and in. Exhibit A,
attached hereto. The Lease as described in Exhibit A constitutes 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 underthe 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.
2. Lessee has satisfied the provisions of of the Lease, and Lessee confirms
that it will ensure Lender contemporaneously provides Lessor with any notices of default
and- notices of foreclosure Lender sends to Lessee as a result of Lender allowing Lessee
to use Lessee's interest in the Property as collateral for the refinancing obligations
contemplated herein.
3. Lessee acknowledges that any leasehold mortgage now or hereafter placed
on Lessee's interest in the Property shall be.subject and subordinate to any limitations in
the -Tidelands Grants, Lessor's interest in the Tidelands, the Lease, and any mortgage
now in existence on the leasehold estate. Lessee shall not use; encumber or transfer this
Lease or the Property as security or collateral for any action unless directly related to the
permitted uses allowed by the Lease.
4. Lessee acknowledges this. Lessor's Consent, and the provisions of the
Lease do not give any entity the right to mortgage, hypothecate, cause a transfer of, or
otherwise encumber or cause any liens to be placed against the Lessor's ownership
interest in the Property and trustee of the tidelands, nor shall anything in this Lessor's
Consent.orthe Lease be construed as resulting in a subordination in whole or in part of
Lessor's interests.
5. 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
45 Beacon Bay . Page 2
Page 2 of 6
https:Hgs.secure-recording.com/Batch/Confirmation/3345732 04/27/2018
RECORDING REQUESTED BY:
Bank of Hope
WHEN RECORDED RETURN TO:
Bank of Hope
3200 Wilshire Boulevard, Suite 400
Los Angeles, CA 90010
Attn; Janette Mah,
EVP -Chief Mortgage Banking Officer
WITH A COPY TO:
City of Newport Beach
City Clerk's Office
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658-8915
[SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY]
Loan No: 1801003427
LESSOR'S CONSENT AND AGREEMENT
THIS LESSOR'S CONSENTAND AGREEMENT ("Lessor's Consent") is given this '.\PT"
day of April 2018, by the CITY OF NEWPORT BEACH, a California municipal corporation
and charter city ("City" and "Lessor"), and acknowledged and agreed to by Anthony R.
Curci and Erin E. Curci as Trustees of the A & E Curci Living Trust dated November 25,
2013, ("Borrower" and "Lessee"), on the terms and conditions outlined below.
RECITALS
A. On May 1, 2002, the City entered into that certain lease agreement with
Anthony R. Curci and Erin E. Curci, as individuals, concerning certain real property
located generally at 45 Beacon Bay in the City of Newport Beach, California ("Property"),
as evidenced by that Memorandum of Lease, dated April 24, 2002 and recorded May 16,
2002 as Instrument No. 20020415303 in the Official Records of Orange County,
California.
B. On January 16, 2014, the lease agreement was assigned from Anthony R.
Curci and Erin E. Curci, as individuals, to Lessee as evidenced by that certain Consent
to Assignment of Leasehold Interest to a Living Trust, recorded January 31, 2014 as
Instrument No. 2014000042153 in the Official Records of Orange County, California (the
Loan No: 1801003427
lease agreement and assignment thereof, collectively, are referred to herein as the
"Lease").
C. Borrower, referred to in this Lessor's Consent and as more particularly
described in Exhibit A, has applied for a loan from Bank of Hope ("Lender") to be secured
by the leased Property, as such Property is more particularly described in Attachment 1
to Exhibit A.
CONSENT AND AGREEMENT
NOW, THEREFORE, the City does hereby consent to the assignment of Lessee's
interest in and to the Lease to Lender under a Leasehold Deed of Trust, subject to the
following:
1. The Property is subject to the Lease described above and in Exhibit A,
attached hereto. The Lease as described in Exhibit A constitutes 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.
2. Lessee has satisfied the provisions of of the Lease, and Lessee confirms
that it will ensure Lender contemporaneously provides Lessor with any notices of default
and notices of foreclosure Lender sends to Lessee as a result of Lender allowing Lessee
to use Lessee's interest in the Property as collateral for the refinancing obligations
contemplated herein.
3. Lessee acknowledges that any leasehold mortgage now or hereafter placed
on Lessee's interest in the Property shall be subject and subordinate to any limitations in
the Tidelands Grants, Lessor's interest in the Tidelands, the Lease, and any mortgage
now in existence on the leasehold estate. Lessee shall not use, encumber or transfer this
Lease or the Property as security or collateral for any action unless directly related to the
permitted uses allowed by the Lease.
4. Lessee acknowledges this Lessor's Consent and the provisions of the
Lease do not give any entity the right to mortgage, hypothecate, cause a transfer of, or
otherwise encumber or cause any liens to be placed against the Lessor's ownership
interest in the Property and trustee of the tidelands, nor shall anything in this Lessor's
Consent or the Lease be construed as resulting in a subordination in whole or in part of
Lessor's interests.
5. 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
45 Beacon Bay Page 2
Loan No: 1801003427
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: Bank of Hope, 3200
Wilshire Boulevard, Suite 400, Los Angeles, California 90010, 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.
6. Should Lessee be in default of the Lease, the Lease shall continue upon
satisfaction of the terms, conditions, requirements, and procedures set forth in the Lease.
7. This consent and agreement shall not operate to change or supersede the
terms and conditions of the Lease in the event of a conflict, the terms of the Lease shall
prevail.
[SIGNATURES ON FOLLOWING PAGE]
45 Beacon Bay Page 3
Loan No: 1801003427
IN WITNESS WHEREOF, the duly authorized representatives of Lessee and City
have executed this Lessor's Consent effective as of the day of , 2017.
"Lessee"
By:
Anthony R. Curci,
Trustee of the A & E Curci Living Trust
dated November 25, 2013
By:
rci,
Trustee of the A & E Curci Living Trust
dated November 25, 2013
ACKNOWLEDGMENT
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 CnI e. ss.
On , 20 before me,
Notary Public, personally appeared
bA
I i 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.
ature
46y,L�i 1y V. ENSLEY
s
CO. # zo�aa» rn
YI r E o NOTARYMMPUBUC•CAUPORNIA N
ORANGE COUNTY
MY COMM. EXP. AUG. 18, 2018"'
(seal)
45 Beacon Bay Page 4
ATTES 7j
l.r i
Leilani I. Brown
City Clerk
�• • • dF•`jTi73�77 til
City Atto
WW Y•2s.cs
Loan No: 1801003427
"City"
City of Newport Beach,
a California municipal corporation and charter
city
By:
Dave Kiff
City Manager
ACKNOWLEDGMENT
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 pgAt.4(v C } ss.
On APRIL 2la , 20 15 before me,
jWtAtrEm ANN MV% -VVI Notary Public, personally appeared
CARLDt, J AC o B 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 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.
Si
45 Beacon Bay
Jennifer Ann Mulvey
it COMM #2214138 a
LU Notary Public -California rz"a
ORANGE COUNTY
(seal)
Page 5
EXHIBIT "A"
LESSOR'S CONSENT AND AGREEMENT
1. Borrower's (Lessee) Name:
Anthony R. Curci and Erin E. Curci, Trustees of the A & E Curci Living Trust
dated November 25, 2013
2. Property Address:
45 Beacon Bay, Newport Beach, CA 92660
3. Property Description:
See Attachment 1 — Property Description
4. Lease (including all amendments and dates):
See Attachment 2 - Memorandum of Lease
See Attachment 3 — Consent to Assignment of Leasehold Interest to a Living
Trust
5. Borrower (Lessee's) Current Monthly Lease Payment:
$ 2,120.14
0
7
0
Payments are current (Yes or No):
Through:
Deliver notices and payments to Lessor at:
City of Newport Beach
Attn: Real Property Administrator
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658-8915
Term of Lease: Fifty (50) years
Expires on: July 1, 2044
Options: None.
Yes
April 30, 2018
Discovery Science Center of Orange County Page A-1
Loan No: 1801003427
EXHIBIT A
"ATTACHMENT 1"
Property Description
Lot 45 as shown on the map filed in Book 9, Pages 42 and 43, Record of Surveys in the
Office of the County Recorder, County of Orange, State of California.
Address: 45 Beacon Bay, Newport Beach, California 92660
45 Beacon Bay Page A-2
Loan No: 1801003427
EXHIBIT A
"ATTACHMENT 2"
Memorandum of Lease
45 Beacon Bay Page A-3
This Document was electronically recorded by
Equity Title
RECORDING REQUESTED BY Recorded in Official Records,County of Orange
AND WHEN RECORDED RETURN TO: Darlene Bloom, interim Clerk -Recorder
'
1111111 I111i 11111 IIIII lfiII IIIII 1111111111111111111111114.00
City Manager's Office 20020415303 04:16pm 05/16/02
�-- City of Newport Beach 147 27 M11 5
1 3300 Newport Boulevard 0.00.0.00 0.00 0.00 8.00 0.00 0.00 0.00
(� Newport Beach, CA 92663
CD MEMORANDUM OF LEASE
i� THIS MEMORANDUM OF LEASE is made and entered into by and between THE CITY
40 OF NEWPORT BEACH, a chartered municipal corporation, herein called "Lessor", and
ANTHONY R. CURCI and ERIN E. CURCI herein called "Lessee", to witness that:
I
Lessor hereby leases to Lessee, on the terms and conditions set forth in that certain
lease by and between the parties hereto dated /� ,_�, 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 .. f/ 2002, at Newport Beach, Orange County, California.
NO CONSIDERAriTON
TEW-1 OF LEASE LESS
THAN 99 YEARS
CI I CLERK
APP ED AS TO FORM:
CITY ATTORNEY
LESSOR
THE CITY OF NEWPORT BEACH
CITY MANAGER. Homer Bludau
Lessee: Anthony R. Curci
Lessee: -Erin E. Curci
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of _
On JVW I i IV6 before me, E iGllrlf f` by-VWo Nqf M(Rib) ic,
Date j } "� Name and Title of"Officer (e.g., Jane Doe,1+wbm--
Narne(s)
LaryPublic")
personally appeared t 1'D",r L - JVtI/10�1/� Ot ✓t� I.E1V0V) of Signer(s)
LEILAN! I. BROWN
jjj Commission 0133&673
-,e Notary Public - California
Orrango County
My Comm. E.xplr*e Jan 95, 2WO
LK personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personowhose name is/a�
subscribed to the within instrument and
acknowledged to me that he/s'e/ ey executed
the same in his/her/ ei authoriz
capacity les and that by his/her/ ei
signator son the instrument the persons , or
the entity upon behalf of which the person
acted, executed the instrument,
WITNESS my hand and official seal.
LA—
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
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
❑ Corporate Officer — Title(s):
El
0
i.J
171
Partner — ❑ limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
wGHT THUMBPRINT
OF SIGNER
Top of thumb here
'€1 1999 National NolaryAssocialion - 9350 De Solo Ave, P.O. Box 2602 • Chatsworth, CA 91313-2402 . www.nalionalnotaryorg Prod. No. 5907 Reorder. Calf Tall-Ffeo 1.80657&6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALP• RNIA o )SS
COUN Y OF � � - )
On Fv c>- f`. _ befQre me
personally known to me (r proved to me on the bi is of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledgedtq Ine t he/she/they executed the same in his/her/their authorized capacity(les) and that by his/her/their signature(s) on the instrument
the person(s) or dien 'ty iipon behalf of which t pe sons) acted, executed the instrument.
BRIAN J. FOXCROFT
NOTARY PUBLIC -CALIFORNIA Y'
COMMISSION # 1295901 c
ORANGE COUNTY
i My Comm, Exp. March 31, 2006
�rtrv�wr►
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) TITLES)
[ ] PARTNER(S) - [ i LIMITED [ ] GENERAL
[ ] ATTORNEY-IN-FACT
[ ] TRUSTEE(S)
[ ] GUARDIAN/CONSERVATOR
[ ] OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity
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
TITLE OR TYPE OF
NUMBER OF PAGES I
SIGNERS) OTHER THAN NAMED ABOVE
DATE OF DOCUMENT kL —
I ,
.2112 E. 4TH STREET.,STE.100
SANTA ANA,. CA 92705
(714) 972-4200/972-4202(6x)
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the notary seal on the docuzxient to
.which this statement is attached reads as .follows:
Name of NotLp-,i (a
l
Date Commission ExP ices:
Coun Where Bond is Filed:
tY - _-
Signa
Date:
Signature:_
0
bi?ADLEY L. JACO.BS - COUNTY ASSESSOR
COUNTY OF ORANGE
P.O. BOX 1948, SANTA ANA, CA 92702
Escrow: 21910 -BF
PRELIMIINARY CHANGE OF OWNERSHIP REPORT'
THIS REPORT IS NOT A PUBLIC DOCUMENT
(To be completed by transferee (buyer prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.)
This report is not a public document.
SELLER/TRANSFEROR THE CITY OF NEWPORT BEACH
BUYER/TRANSFEREE: Anthony R. Curei Erin E. Curei
ASSESSOR'S PARCEL NUMBER(S): and,(if applicable)
LEGAL DESCRIPTION: LOT: TRACT:
PROPERTY ADDRESS: OR LOCATION: 45 Beacon Bay
Newport Beacli, CA 92660
Mail Tax Information To: (Name): Anthony R. Curci
(Address): 45 Beacon Bay
Newport Beach, CA 92660
FOR RECORDER'S USE ONLY
FOR ASSESSOR'S USE ONLY
CLUSTER _
OCI 0--2
—
DT _ INT _
RC Sp,$ ,
DTT$ //PCT-
-A preliminary Change of Ownership Report mats[ be filed
with each conveyance in the County Recorder's office
lin• the county where the property is located; this
particulm- tor"' may he used in all counties of 58
California.
The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Orange County Assessor. For further
information on your supplemental tax roll obligation, please call the Orange County Assessor at (714) 834-5031
PART I: TR�rNSFER IIMI
NFORATION Please answer all questions
[ ]Yes
( ' o
A. Is this transi'er solely between husband and wife? (addition of a spouse, death of a spouse, divorce settle)llent, etc.)
[ ]Yes
[LIxd`
B. Is this transaction only a correction of the names) of the person(s) holding title to the property'?
1 IYes
tr]'l
(For example,a name change upon marriage.)
C.
[
Is this document recorded to create, terminate, or reconvey a lender's inrerest in the property?
[ ]Yes
( L -+Nb
D. Is this transaction recorded only to create, terminate, or reconvey n security interest (e.g. consigner)?
[ ]Yes
[ ]Yes
[ t -JMC
[LIN -6"
E. Is this docmuent recorded to substitute a trustee under a deed of nest, rnortgage, or similar document?
F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor)
[ ]Yes
[L-JNd`
remains as one of the joint tenants?
G. Does this transfer return property to the person who created the joint tenancy (original Iransterory?
II. Is this transfer of property:
[ ]Yes
( --v4T
1. to a trust for die benefit of the grantor, or grantor's sponse?
[ ]Yes
[ LJXo
2. to a trust revocable by the transferor?
( ]Y
[ t 3. to a trust from which the property reverts to the grantor within 12 years:'
es
[ No
.I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options:
[ ]Yes
[ U}tNo
J. Is this it transfer from parents to children or from children to parents?
-K.
[ ]Yes
[LJye'
Is this transaction to replace a principal residence by a person 55 years of age or older?
[ ]Yes
[ �Ue-
L. Is this transaction to replace principal residence by a pccson who is severely disabled as defined by Revenue and 'Taxation Code
Section 69,5?
If you checked yes to J, K, or L, an applicable claim form must be filed with the Cowley Assessor.
Please provide any other information that would help the Assessor to uuderstarid the nature of the transfer.
IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT .I, K, OR L, PLEASE SIGN
AND DATE, OTHERWISE COMPLETE .BALANCE OF THE FOR11i.
PART II: OTHER TRANSFER INFORMATION
A. Date of transfer if other than recording date:
B. Type of transfer. Please check appropriate item.
[,-IPurchase [ ]Foreclosure [ ]Gift [ ]Trade or Exchange [ ]Merger. Stock, nr fInrtnership Acquisition
[ .)Contract of Sale - Date of Contract
]l�iheritance -Dare of Death ( ]Other (please explain):
[ Creation of a Lease [ ,) Assignment of a Lease [ ]Termination of a Lensc
Date Lease Began
Original term in years (including written options)
Retraining term in years (including written options)
C. was only a partial interest in the property transferred? -T-1—y-1 V No if 'Yes' indicate the percentage transferred
AS-SV25 SBE -ASD AH 502-A FRONT 1-8-92
PRELIIAINARY CHANGE OF OWNERSHIP REPORT Escrow: 2:14I0 -BF
Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does nor apply, indicate with ' N/A'.
PART III: PURCIIASE PRICE & TERMS OF SALE
A. CASH DOWN PAYMENT or Value of Trade or Exchange (excluding closing cost)
FIRST DEED OF TRUST Q % Interest for years, Payments/Mu. _ $
[ ] FHA [ ] Fixed Rate
[ ] Conventional [ ] Variable Rate
[ ] VA [ J All Inclusive D.T. $ Wrapped)
[ ] Cal -Vet [ ] Loan Carried by Seller
Balloon Payment [ j Yes [ ] No Due Date
(Priv. & Int.) Amount
( ] New Loan
I ] Assumed Existing Loan Balance
[ J Bank or Savings & Loan
[ ] Finance Company
Amount
C. SECOND DEED OF TRUST Q % Interest for years, Payments/Mo. _$ (Prin. & Int.) Amount $
[ ] Bank or Savings & Loan [ ] Fixed Rate I ] New Loan
] Loan Carried by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance
Balloon Payment [ j Yes [ ] No Due Date Alllm,nt
D. OTHER FINANCING - Is other financing involved not covered in (B) and (C) above? [ ] Yes [ I No Amounr
Type Q % Interest for years. Payments/Mo. _$ (Prin. & Int. only)
[ J Bank or Savings & Loan ( ] Fixed Rate [ I New Loan
[ ] Loan Carried by Seller [ ] Variable Rate [ ] Assunred Existing Loan Balance
Balloon Payment[ )Yes [ ] No Due Date _ Amounr $
E. IMPROVEMENT BOND [ ] Yes [ ] No Outstanding Balance: Amount $
F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid),
Toted Items A through E $ !
G. PROPERTY PURCHASED: [ j Through a broker: [ ] Direct from seller: [ ]Other !!! t /
If purchased through a broker, provide broker's name and phone no __ I _ t
Please explain any special terms or financing and any other information that would help the assessor understand purchase price and terns of sale.
PART IV: PROPERTY INFORMATION �1�
A. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (other than a mobilehome subject to lural property tax)? I ] Yes ( TVo
If 'Yes', enter the value of the personal property included in the purchase price $(Atntch itemized list of personal property).
B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? Yes I I No
If 'Yes'. enter date of occupancy / 20_ or intended occupancy / �p
month clay month _ day
C. TYP (PROPERTY TRANSFERRED:
[ Single -Family Residence [ ] Agriculntral ( I Timeshare
[ ] Multiple -family residence (no. of Units: ) [ J Co-op/Owu-your-own I ] Mobilehonte
[ ] Commercial/Industrial [ J Condominium [ ] [Joimproved lot
[ ] Other (Description:
D. DOES THE PROPERTY PRODUCE INCOME'! ( )Yes
E. IF THE ANSWER TO QUESTION 'D' IS YES, IS THE INCOME FROM:
[ ] Lease/Rent [ ] Contract [ J Mineral Rights [ j Other -explain
F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE?ood I I Average [ ] Fair [ J Pool-
Enter
oorEnter here, or on an attached sheet, any other information that would assist the Assessor in determining value 01`11W property such as the physical condition of the
property, restrictions, etc.
to the hest of nay knoit,leclge and
Signed.
Please Print Name of New
Phone Number where you are available from 8:00 a,m. - 5:00 p.m. (
(NOTE: The Assessor may contact you far further information)
IT A DOCUMENT EVIDENCING A CHANGE OF O4VNERSIII73 IS PRLSEN1'L'D TO THL RECORDER FOR RECORDATION WITHOUT THE CONCURRENT
FILING OF A PRELIMINARY CHANGE OF OWNERSHIP REPORT, THE RECORDER AIA Y CYIARGE AN ADDTI'JOrVAL RECORDING FEC OF TWENTY
DOLLARS ($20.00).
AS-SV25 SBE -ASD AH 502-A BACK 1-8-92
Loan No: 1801003427
EXHIBIT A
"ATTACHMENT 3"
Consent to Assignment of Leasehold Interest to a Living Trust
45 Beacon Bay Page A-4
go
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO: Recorded in Official Records, Orange County
Hu h N rli en, Clerk -Recorder
2 1, 00
City of Newport Beach I *$ R 0 0 0 5 4 a 1 9 9 3$
City Manager's Office 2014000042153 3:29 pm 01131114
P.O. Box 176$ 90 413 C34 F13 6
Newport Beach, CA 92658-8915 I 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
IF
THIS CONSENT TO ASSIGNMENT ("Consent to Assignment") is .given this 16t" �r"r
day of January 2014, by the CITY OF NEWPORT BEACH, a California municipal F -F
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
shall comply with all provisions of the Leas(
fee requirements of Section 4 of said Lease.
die of the Trustors, the successor Trustee
, including those conditions precedent and
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
Notice to City:
Attention: Trustee
A&E Curci Living Trust
45 Beacon Bay
Newport Beach, CA 92660
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:_1 Z ('1- 13
ku)J4 A [A ttit�)C-
Aaron
C. arp
City Attorney
ATTEST:
Date:,
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: •.t1,,1y
Dave MfP
City Manager
LESSEE: A & E Curci Living Trust,
dated November 25 2013
Date: 1-9-14
Anthony R. Curci, Trustee
Date:
Erirf E. Curci;--`rustee
Consent to Assignment Page 3
CALIFORNIA•ACKNOWLEDGMENT
CIVIL CODE § 1189
C2,.��.,:aY.cCt!{Sy,••�y„� ,wCs�C •/•.�fo{•.:�t!CJ �< �C, t�1•.:CC!.�..cC�< �Cfa��.-ac!cCCr6�i.cC:�. s <:.'CfiY.:�,!a✓:�. �.�. �c�aC!a>C!�t: a: rC �C�ciSlc�<!
State of California
County of
On JP10 Il12 , 201ul before me, 1�}WN Moc4tt-( , NC)_VI19_y
Date Here Insert Name and Title of the Officer
personally appeared Dftye. K1 FF
R s�yh JENNIFER ANN MULVEY
'R Commission #2045022
Notary Public - California
Orange County
My Comm. Ex fres 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 dand 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(ies) Claimed by Signer(s)
Signer's Name:
Ll Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual C Attorney in Fact
Trustee 7 Guardian or Conservator
❑ Other:
Signer Is Representing:
the pYocument or
Signer's Name:
❑ Corporate Officer— Title(s):
_ Partner — D Limited [i General
_ Individual 01 Attorney in Fact
F_ Trustee L Guardian or Conservator
❑ Other:
Signer Is Representing:
(..C.�:��.� :�;.C?!S'✓4<�!. �:�✓SC✓ \_,.�.:�:�.LC✓:�✓�i:✓:� ,.\5:�;.�✓4` :C✓:� 4.'ri:�'!'i:✓.5�er5'✓:��!n•�:C'!:'+ii✓: ✓.✓:
ACKNOWLEDGMENT
State of California
County of C p,,F� N (,-, c
On 1) `� I-LOV-t before me, N\ iN PAQy -V�-J , Notary
Public, personally appeared �N�� l0�-1 a� 3�Y—Zw 2 C Y
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
State of California
County of cl P Ayv (o G
JENNIFER ANN MULVEY
Commission # 2045022
a -r Notary Public • California
Z Orange County
M Comm. Ex ices Oct 12, 2017
ACKNOWLEDGMENT
SS.
(seal)
On �w� c1 ,Zog1 before me, ) ENN�C-0t)-- f\NN �YAU-yc--i , Notary
Public, personally appeared 'Ekkw CvR 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
roe JENNIFER ANN MULVEY
Commission # 2045022
i`� Notary Public • California
Orange County
4 Comm, Ex ires Oct 12, 2017
(seal)