Loading...
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)