HomeMy WebLinkAboutC-7348-10 - Beacon Bay, 59 - Consent to Assignment and Amendment to MOL 2018Batch 3882417 Confirmation
Recording Requested By
and When Recorded Return To:
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, California 92658-8915
Attn: City Clerk
Page 2 of 5
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
1111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE
*$ R 0 0 1 0 4 0 2 9 3 4$*
2018000369452 4:23 pm 10110/18
37 405 C34 5
0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00
(Exempt From Recording Fees Pursuant to Government Code § 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
CONSENT TO ASSIGNMENT AND
AMENDMENT TO MEMORANDUM OF LEASE
THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF
LEASE ("Memorandum") is made and entered into as of the 10 day of OLTpfEiZ 2018,
by and among PAUL O. DUNN and SANDRA R. DUNN, husband and wife ("Assignor'),
SIMPSON AND DUNN LLC, a California limited liability company ("Assignee"), and the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City")
on the following terms and conditions:
RECITALS
A. The City entered into that certain lease dated September 26, 1994, with
Assignor concerning certain real property described as: Lot 59 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 59 (the
"Property"), as evidenced by a Memorandum of Lease (the "Memo") recorded on
September 26, 1994, as Instrument No. 94-0687580 in the Official Records of Orange
County (the "Lease").
B. On January 9, 2018, Paul O. Dunn and Sandra R. Dunn formed a California
limited liability company named "Simpson and Dunn LLC" (the "LLC"), and Paul Owen
Dunn and Sandra Rae Dunn are the sole managers and the sole beneficiaries of said
LLC ("Managers").
C. Without notice to City, a Quitclaim Deed was recorded on February 16,
2018, as Instrument No. 2018000055892 in the Official Records of Orange County,
whereby Assignor quitclaimed to Assignee (and Assignee assumed from Assignor) all of
Assignor's right, title, interest and claim in or to the Property ("Property Assignment").
NOW, THEREFORE, the parties hereby agrees as follows:
1. The City does hereby consent to the assignment of Paul O. Dunn and
Sandra R. Dunn's interest in and to -the Lease, as husband and wife, to Simpson and Dunn
https:Hgs.secure-recording.com/Batch/Confirmation/3882417 10/11/2018
Recording Requested By
and When Recorded Return To:
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, California 92658-8915
Attn: City Clerk
(Exempt From Recording Fees Pursuant to Government Code § 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
CONSENT TO ASSIGNMENT AND
AMENDMENT TO MEMORANDUM OF LEASE
THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF
LEASE ("Memorandum") is made and entered into as of the 1p day of b(I-DU'L. 2018,
by and among PAUL O. DUNN and SANDRA R. DUNN, husband and wife ("Assignor"),
SIMPSON AND DUNN LLC, a California limited liability company ("Assignee"), and the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City")
on the following terms and conditions:
RECITALS
A. The City entered into that certain lease
Assignor concerning certain real property described as:
in Book 9, Pages 42 and 43 of Record of Surveys, in tl
County of Orange, State of California, sometimes refer
"Property"), as evidenced by a Memorandum of LE
September 26, 1994, as Instrument No. 94-0687580 i
County (the "Lease").
dated September 26, 1994, with
Lot 59 as shown on the map filed
ie Office of the County Recorder,
red to as Beacon Bay Lot 59 (the
ease (the "Memo") recorded on
n the Official Records of Orange
B. On January 9, 2018, Paul O. Dunn and Sandra R. Dunn formed a California
limited liability company named "Simpson and Dunn LLC" (the "LLC"), and Paul Owen
Dunn and Sandra Rae Dunn are the sole managers and the sole beneficiaries of said
LLC ("Managers")
C. Without notice to City, a Quitclaim Deed was recorded on February 16,
2018, as Instrument No. 2018000055892 in the Official Records of Orange County,
whereby Assignor quitclaimed to Assignee (and Assignee assumed from Assignor) all of
Assignor's right, title, interest and claim in or to the Property ("Property Assignment").
NOW, THEREFORE, the parties hereby agrees as follows -
1 .
ollows:
1. The City does hereby consent to the assignment of Paul O. Dunn and
Sandra R. Dunn's interest in and to the Lease as husband and wife, to Simpson and Dunn
LLC. Any further distribution of the Property under the LLC, whereby Paul Owen Dunn
and Sandra Rae Dunn are not the sole beneficiaries, shall not be considered an exempt
transfer, as defined in the Lease.
2. All covenants, conditions, and restrictions of the Lease as set forth herein
shall be binding upon and shall inure to the benefit of the parties hereto and their
respective heirs, successors, and beneficiaries.
3. The 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 otherwise provided herein.
4. Upon the death of the last to die of the Managers, the successor manager
shall comply with all provisions of the Lease, including those conditions precedent and
rent requirements of Section 3 of said Lease. Managers agree to provide a copy of the
complete operating agreement of the LLC containing these provisions to the City.
5. 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: Simpson and Dunn LLC
36 Royal Saint George Road
Newport Beach, CA 92660
Notice to City: 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 by giving to
the party intended to be bound thereby, in the manner provided herein, written notice of
such change.
6. The Memo is hereby amended such that the "Lessee" identified therein shall
mean and refer to Assignee.
7. This Memorandum 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: C q
TW:Aaron C. Harp YAW q -K -t$
City Attorney
ATTEST: /9, JO���J
Date: bb
City Clerk
sc./ lzoar/
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: i d— 9-1V
Gr c K. Leung
City Manager
ASSIGNOR: Paul O. Dunn and Sandra
R. Dunn, husband and wife
Date: /I)lg Ae
Paul O. Dunn
Date:
A ,
Sandra R. Dunn
ASSIGNEE: Simpson and Dunn LLC
Date: l L%9/ ,1P
Paul Owen Dunn, Manager
Date:
Sandra Rae Dunn, Manager
Consent to Assignment Page 3
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
validitv of that document.
State of California
County of ra vm ee } ss. �
On c-- + -,4 �iJ 1 �'� 20 I before me, cJ�- �c�U fl �t�� V� L� w ,Notary Public,
personally appeared ai c ( Do ) f10 do � Sa,,d v a R. Dunn 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 that4ej-4° /they executed the same in their authorized capacity(ies), and that
by 4is�i r/ 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.
Signature
SUSAN W. MANROW
Commission # 2 i 20382
Z . Notary Public - Callforn:a z
Z ° Orange County
My Comm. Expires Aug 19, 2019 j
(seal)
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
of that document.
State of Ca ' ornia
County of 0(00q
On (�C, .--4 0
SS.
20 i `2`7 before
4V1V'C)Wj Notary Public,
personally appeared tau -1 V u L)J1 VU tl (1 d AA `)an�J rcl h 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 h,@ f /they executed the same in his�/their authorized capacity(ies), and that
by hfs-/+ter/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.
WI NESS myhand� /and official seal.
VV . ff�mjj��k)
Signature
SUSAN W. MANROW
• Commission # 2120382
Z - Notary Public - Californ:a z
Z ' Orange County
My Comm. Ex ares Au 19, 2019
(seal)
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 02ANt.,E } ss.
On OCTOgt:Q qTW 20 1 y before me, JERMFE0-ANN rAVLvEd/ Notary Public,
personally appeared GRA L& k . L Eyt--% ks who proved to me on the basis of
satisfactory evidence to be the person(4- whose name(&) is/a*e subscribed to the within instrument and
acknowledged to me that h,&/ she/ they executed the same in h&/ her/ t4eir authorized capacity(ies), and that
by k4&/her/them' signatures (-,s-) on the instrument the person( or the entity upon behalf of which the perso*)
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.
WITNES�my hand and official seal.
ENr Ann MulveyORANGE COUNTY -+
yCommissi.nExpresOctt2,2021
.wM
(seal)
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
of that document.
State of California
County of
On
personally appeared
_l SS.
20 before me,
, Notary Public,
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.
Signature
(seal)