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Home My WebLink AboutC-7422-18 - Beacon Bay, 44 - Consent to Assignment and Amendment to MOU for Lease 2011r V Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Clerk c t"rn A. P. N: 50-222-18 f;l Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder ]11' II11111III JIIII III 1 11 NO FEE *$ R 0 0 1 1 1 7 6 0 7 0$* 2019000385164 3:00 pm 10/03/19 232 407A C34 6 0.00 0.00 0.00 0.00 16.00 0.00 0.000.000.00 0.00 PACE ABOVE THIS LINE FOR RECORDER'S USE) CONSENT TO ASSIGNMENT AND A110ENDMENT TO MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE ("Memorandum") is made and entered into as of the Vkday of August 2019, by and among Steven R. Briggs and Lisa L. Briggs, Trustees of the S/L Briggs Family Trust established August 31, 2001 ("Assignor"), Lisa L. Briggs, as Trustee of The Lisa L. Briggs Living Trust established June 11, 2019 ("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 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 an inter vivos revocable trust, the "S/L Briggs Family Trust" (the "Family Trust"), and on August 1, 2011, the "First Amendment to the S/L Briggs Family Trust" was executed, whereby all interest in and to the Lease was assigned by the Lessee to the Family Trust. And on August 23, 2011, the City consented to the assignment of the Lessee's interest in and to the Lease to the Family Trust, as evidenced by a Consent to Assignment dated August 23, 2011, and recorded on February 8, 2013, as Instrument No. 2013000083889 in the Official Records of Orange County. C. On April 22, 2019, interest in the Property was transferred out of the Family Trust, to Steven R. Briggs, an unmarried man as his sole and separate property and Lisa L. Briggs, an unmarried woman as her sole and separate property, as tenants in common, as evidenced by a Grant Deed recorded on May 22, 2019, as Instrument No. 2019000174914 in the Official Records of Orange County. D. On April 22, 2019, Steven R. Briggs, an unmarried man, transferred his interest in the Property to Lisa L. Briggs, an unmarried woman as her sole and separate property, as evidenced by an Interspousal Transfer Deed recorded on May 22, 2019, as Instrument No. 2019000174915 in the Official Records of Orange County. E. On June 11, 2019, Lisa L. Briggs created "The Lisa L. Briggs Living Trust" (the "Trust"), and Lisa L. Briggs is the sole settlor and trustee of said Trust ("Trustee"). F. On July 5, 2019, Lisa L. Briggs, an unmarried woman as her sole and separate property, transferred her interest in the Property to Lisa L. Briggs, as Trustee of The Lisa L. Briggs Living Trust established June 11, 2019, as evidenced by a Quitclaim Deed recorded on July 10, 2019, as Instrument No. 2019000245981 in the Official Records of Orange County. G. Pursuant to the terms of the Trust, Assignor has assumed all interest in and to the Lease and assigned to Assignee (and Assignee assumed from Assignor) all of Assignor's right, title, interest and obligations under the Lease ("Lease Assignment"). CONSENT AND AGREEMENTS NOW, THEREFORE, the parties hereby agree as follows: 1. The City hereby consents to the assignment of Steven R. Briggs and Lisa L. Briggs' interest in and to the Lease to Lisa L. Briggs, as Trustee of The Lisa L. Briggs Living Trust established June 11, 2019. Any further distribution of the Property under the Trust, whereby Lisa L. Briggs is not the sole beneficiary, 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 Trustee, the successor Trustee shall comply with all provisions of the Lease, including those conditions precedent and rent requirements of Section 3 of said Lease. Trustee agrees to provide a copy of the complete Trust containing these provisions to 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 Consent and Memorandum Page 2 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: The Lisa L. Briggs Living Trust Attention: Trustee 44 Beacon Bay 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 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 and Memorandum Page 3 EXECUTED on the dates indicated below, at Newport Beach, Orange County, California. ASSIGNOR: ASSIGNEE: Date: A 3 O's12"11 By: �6A� Steven R. Briggs, TlYstee S/L Briggs Family Trust established August 31, 2001 Date: By: Lis L. Brig s, ruste S/L Briggs Family Trust established August 31, 2001 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: g/ 1 By: AarofrC. Harp City Attorney Q d ATTEST: Date: q 4.,11 r_ OA By: 41rplf A I i Leilani I. Brown City Clerk Date: OS120)� By: a v/ Lisa L. Briggs, Trustee The Lisa L. Briggs Living Trust established June 11, 2019 CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: -! " z 5 _/ "I ByOeK Gung Cir [END OF SIGNATURES] Consent and Memorandum Page 4 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 Coun of } ss.611_a6e1;-r `�On 20 before me`l�iTtl - ;f% Notary Public, persona ly appeared v 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.4n s GRACE PIZARRO-KHAN _ Notary Public — California z 4 Orange County b Commission # 2219958 My Comm. Expires Oct 27, 2021 eature (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 ftnge }ss. On X0AVMbP_r (o , 20i cL- before me, Notary Public, personally appeared SUP-Vl (Z gf+C{AS proved to me on the basis of satisfactory evidence to be the person( whose name(* is/ aw subscribed to the within instrument and acknowledged to me that he/skQ/Lthey executed the same in his/ f�authorized capacity(*, and that by his/herr signatures(* 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. WITNESSand official seal. NADIA C. ONO a Notary Pub11c - Callfornla S gnature �� Oranpe County Z Z (seal) Commission #t 2154601 D M Comm. Ex ires May 24, 2020 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 ORAN } ss. On SEPT 2lp 20 I q before me, ju4-tweak AN- 0 MUL-46-1 , Notary Public, personally appeared GZAL+E I.EV �-Iy , 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. .. Jennifer Ann Mulvey my hand and official seal. COMM #2214138 a . Notary Public - California ORANGE COUNTY -� MyUmmissionExpires Oct. 12,2011 (seal)