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HomeMy WebLinkAboutC-7422-14 - Beacon Bay, 44 - Consent to Assignment 2013RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Manager City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658-8915 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk -Recorder ��J��j jj jj 11�1� 1��J� 1��J�1�11 Jj III 1 N0 FEE *$ R 0 0 0 5 5 8 4 1 1 5$* 201300008388912:16 pm 02108113 10 413 C34 F13 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 27383 Consent to Assignment 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 CONSENT TO ASSIGNMENT THIS CONSENT is given this 23rd day of August, 2011, 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 January 21, 2003, with Steven R. Briggs and Lisa L. Briggs, Husband and Wife as Joint Tenants (Lessee), concerning certain real property described as: Lot 44 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, of said County, together with certain portions of adjoining Lots C and D as shown upon said map and as described more fully in said lease, sometimes referred to as Beacon Bay Lot 44 (the "Property"), as evidenced by a Memorandum of Lease recorded on January 23, 2003, as Instrument No. 2003000087986 in the Official Records of Orange County (the "Lease'. B. On August 31, 2001, Steven R. Briggs and Lisa L. Briggs created the S/L BRIGGS FAMILY TRUST. C. On August 1, 2011, the Trustees executed the FIRST AMENDMENT TO THE S/L BRIGGS FAMILY TRUST whereby all interest in and to the lease was assigned to the Trust. CONSENT NOW, THEREFORE, the City does hereby consent to the assignment of Steven and Lisa Briggs' interest in and to the Lease to STEVEN R. BRIGGS, Trustees of the S/L BRIGGS FAMILY TRUST: 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 44 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. 5. This Consent to Assignment shall not be effective until recorded. EXECUTED on �£�. �t%�3 , at Newport Beach, Orange County, California. CITY OF NEWPORT BEACH CI ANAGER ATTEST CIZ CITY CLERK APPROVED AS TO FORM: NEY STEN R. BRIGGS, YRUSTEE LIS BRIGGS, TRUST ®9/-I FO VL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �f[1P9-e CIVIL CODE § 1189 On p'dN1W ')5, cl011�' before me, Nadia CWX S*A a-�J Nomv,j Date Here Insert Name and Title of the Officer personally appeared �PJPN i�. brt99S Na a s) of Signer(s) NADIA CHRISTINA ONG Commission 0 1976007 Z ` Notary Public • CaliforMa who proved to me on the basis of satisfactory evidence to be the person(' whose name is/are subscribed to the within instrument and acknowledged to me that he/Shad ha`i executed the same in his/heA4heir authorized capacity(, and that by his/laeEdba> r signatureK on the instrument the person(`, 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. range County M Comm. Ex fres May 20, 2016 WITNESS my handItl seal. Signature: Place Notary Seal Above i t re 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: 7raatS-ky ©F (,Myho(d +D A pumq -Wu t Document Date: jape t d01ol- Number of Pages: 3 Signer(s) Other Than Named Above: U`SQ PJr)ygS Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited l General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: U 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 � as State of California County of nrc�ci� On S t nbey �� before me, twill C�11r�'��`l`GI ON 1 Nb`�QV �1 W, C Date Here Insert Name and itle of the Officer personally appeared t 0501 U. bf m _�- Names) of Signer(s) NADIA CHRISTINA ONG Commission #E 1976007 -�i Notary Public - California i Orange County ' my Comm. Ex ires May,20, 2016 who proved to me on the basis of satisfactory evidence to be the personOii� whose name*Y is/arm subscribed to the within instrument and acknowledged to me that .I4/she/tj y executed the same in bis/her/tliert' authorized capacity(.iesrT, and that by bW/her/ther signature, K on the instrument the perso�wor the entity upon behalf of which the person(eracted, 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, ficial seal. Signature: — //AV Place Notary Seal Above btu a 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: IQ1V1S (N, CSP bM&&Old tD a t�vInq Tfttst Document Date: �QY+e 51 0&0101 Number of Pages: -� Signer(s) Other Than Named Above: 5iever` R, Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator FOX6 0111 Signer Is Representing © 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On February 6, 2013 before me, M Locey, Notary Public, personally appeared David A. Kiff who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. M. LOCEY Commission # 1864451 WITNESS my hand and official seal.Notary Public e California 0Orange z County My Comm. Expires Oct 1, 2013 tiv( (SEAL) Notary Public in and for said S e OPTIONAL INFORMATION Title or Type of Document: Consent to Assignment of Leasehold Interest to a Living Trust