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Home My WebLink AboutC-7423-13 - Beacon Bay, 43 - Consent to Assignement and MOL 2020Batch 5831346 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 2 Recorded in Official Records, Grange County Hugh Nguyen, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111 X11 II NO FEE *$ R 0 0 1 1 4 4 9 0 2 6$* 2020000040386 9:00 am 01130/20 90 SC5 M11 C34 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00 CONSENT TO ASSIGNMENT AND MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND MEMORANDUM OF LEASE ("Assignment") is made and entered into as of this7eday of January 2020, by and among Robert L. Thorne and Julie A. Thorne, Trustees of the THORNE FAMILY TRUST dated November 14, 2000, amended and restated as of October 25, 2007 ("Assignor"), Robert L. Thorne and Julie A. Thorne, Trustees of the ROBERT L. AND JULIE A. THORNE TRUST dated January 7, 2018 ("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 of Newport Beach ("Lessor") and Robert L. and Julie A. Thorne, husband and wife as joint tenants, entered into a lease dated June 27, 1994, concerning certain real property described as: Lot 43 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 43 ("Property"), as evidenced by a Memorandum of Lease recorded on December 7, 1994, as Instrument No. 94-0701503 in the Official Records of Orange County. B. On November 14, 2000, Robert L. and Julie A. Thorne established the ROBERT L. and JULIE A. THORNE TRUST Dated November 14, 2000. On June 19, 2001, City consented to Robert L. and Julie A. Thorne's assignment of their leasehold interest in the Property to the trust titled ROBERT L. and JULIE A. THORNE, dated November 14, 2000. City and ROBERT L. AND JULIE A. THORNE TRUST, dated November 14, 2000, by and through its trustees terminated said lease and executed a new lease to document changes to the vesting, but which terms otherwise remained the same, a Memorandum of Lease which was recorded on September 28, 2001, as Instrument No. 20010689998 in the Official Records of Orange County ("Lease"). By said Lease, the Property was leased until July 1, 2044. C. Lessor and ROBERT L. AND JULIE A. THORNE TRUST, dated November 14, 2000, executed an unrecorded amendment to the Lease, dated January 13, 2011, https:Hgs.secure-recording.com/Batch/Confirmation/5831346 01/30/2020 Batch 5831346 Confirmation whereby the lease vesting was assigned to the THORNE FAMILY TRUST, dated November 14, 2000, Amended and Restated as of October 25, 2007 ("Lessee"). D. Lessee has since amended and restated their trust documents and requests to assign their leasehold interest. E. Lessee hereby requested Lessor to consent to all interest in and to the Lease be assigned to the ROBERT L. AND JULIE A. THORNE TRUST dated January 7, 2018 ("Trust"). CONSENT NOW, THEREFORE, Lessor does hereby consent to the assignment of Lessee's interest in the Lease to Robert L. Thorne and Julie A. Thome, Trustees of the ROBERT L. AND JULIE A. THORNE TRUST dated January 7, 2018 ("Lease Assignment"), 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 Lessor 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 Section 4 of said Lease. 3. Trustees 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 Trustees: Attention: Trustees Robert L. and Julie A. Thorne Trust dated January 7, 2018 43 Beacon Bay Newport Beach, CA 92660 Notice to City: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Consent to Assignment and Memorandum of Lease Page 2 Page 2 of 2 https:Hgs.secure-recording.com/Batch/Confirmation/5831346 01/30/2020 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 SPACE ABOVE THIS LINE FOR RECORDER'S USE [Exempt from Recordation Fee — Govt. Code 6103 &:273831 CONSENT TO ASSIGNMENT AND MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND MEMORANDUM OF LEASE ("Assignment") is made and entered into as of this2eday of January 2020, by and among Robert L. Thorne and Julie A. Thorne, Trustees of the THORNE FAMILY TRUST dated November 14, 2000, amended and restated as of October 25, 2007 ("Assignor"), Robert L. Thorne and Julie A. Thorne, Trustees of the ROBERT L. AND JULIE A. THORNE TRUST dated January 7, 2018 ("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 of Newport Beach ("Lessor") and Robert L. and Julie A. Thorne, husband and wife as joint tenants, entered into a lease dated June 27, 1994, concerning certain real property described as: Lot 43 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 43 ("Property"), as evidenced by a Memorandum of Lease recorded on December 7, 1994, as Instrument No. 94-0701503 in the Official Records of Orange County. B. On November 14, 2000, Robert L. and Julie A. Thorne established the ROBERT L. and JULIE A. THORNE TRUST Dated November 14, 2000. On June 19, 2001, City consented to Robert L. and Julie A. Thorne's assignment of their leasehold interest in the Property to the trust titled ROBERT L. and JULIE A. THORNE, dated November 14, 2000. City and ROBERT L. AND JULIE A. THORNE TRUST, dated November 14, 2000, by and through its trustees terminated said lease and executed a new lease to document changes to the vesting, but which terms otherwise remained the same, a Memorandum of Lease which was recorded on September 28, 2001, as Instrument No. 20010689998 in the Official Records of Orange County ("Lease"). By said Lease, the Property was leased until July 1, 2044. C. Lessor and ROBERT L. AND JULIE A. THORNE TRUST, dated November 14, 2000, executed an unrecorded amendment to the Lease, dated January 13, 2011, whereby the lease vesting was assigned to the THORNE FAMILY TRUST, dated November 14, 2000, Amended and Restated as of October 25, 2007 ("Lessee"). D. Lessee has since amended and restated their trust documents and requests to assign their leasehold interest. E. Lessee hereby requested Lessor to consent to all interest in and to the Lease be assigned to the ROBERT L. AND JULIE A. THORNE TRUST dated January 7, 2018 ("Trust"). CONSENT NOW, THEREFORE, Lessor does hereby consent to the assignment of Lessee's interest in the Lease to Robert L. Thorne and Julie A. Thorne, Trustees of the ROBERT L. AND JULIE A. THORNE TRUST dated January 7, 2018 ("Lease Assignment"), 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 Lessor 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 Section 4 of said Lease. 3. Trustees 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 Trustees: Attention: Trustees Robert L. and Julie A. Thorne Trust dated January 7, 2018 43 Beacon Bay Newport Beach, CA 92660 Notice to City: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Consent to Assignment and Memorandum of Lease Page 2 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 and Memorandum of Lease Page 3 EXECUTED on the dates indicated below, at Newport Beach, Orange County, California. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTOR EY'S OFFICE a California municipal corporation Date: Date: Foi:Aaro Cn Harp Gra . Leung City Attorney Cit anager ATTEST: Date:-a,�-�o Leilani I. Brown City Clerk ASSIGNOR: THORNE FAMILY TRUST, Dated November 14, 2000, Amended and Restateo as of October 25, 2007 Date: al, Robert L. Thorne Trustee Julie A. Thorne Trustee ASSIGNEE: ROBERT L. AND JULIE A. THORNE TRUST dated January 7, 2018 Date:2" 790 Robert L. Thorne Trustee e' qu'lieA. Thorne Trustee Consent to Assignment and Memorandum of Lease 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 validity of that document. State of California County of C)QAt A(0 E } Ss. Onj 1khlutaeA 'Z !?0 2�� y before me,&) t C -EV. nNti MULE & , Notary Public, personally appeared LemTtq� 'rAoRrvE + jou E ASC- 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 lae --- a/they executed the same in N6A4 F/their authorized capacity(ies), and that by WsA; -/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. Signatur '7ennlfer Ann Mulvey COMM #.2214138 v Pubhc - California c ' Notary W' #A ORANGE COUNTY a 4�,W µy Commission �Pites Oct.12, 2021 (seal)