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HomeMy WebLinkAboutC-7249-14 - Beacon Bay, 10 - Consent to Assignment and Amendment to MOL 2020Batch 6965725 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, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111111111111111111111 11�11 11111 II II IIIIII NO FEE *$ R 0 0 1 1 8 5 6 7 3 3$* 2020000347500 9:18 am 07121120 7 Se c2A A30 A17 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE ("Assignment") is made and entered into this —day of June, 2020, by and among Frank O'Bryan and Mary Ann O'Bryan, as joint tenants ("Assignor"), Frank E O'Bryan and Mary Ann O'Bryan, Trustees The O'Bryan Community Property Trust dated August 4, 1997("Assignee's and the City of Newport' Beach, .a California municipal corporation and charter city ("City") on the following terms and conditions: RECITALS A. The City and Assignor entered into a that certain lease dated July 1, 1994 ("Lease'), concerning certain real property described as: Lot 10 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 Catifomia, sometimes referred to as Beacon Bay Lot 10 ("Property', as evidenced by a Memorandum of Lease recorded on January 10, 1995 ("Memorandum"), as Instrument No. 95-0010693 in the Official Records of Orange County. B. On August 4, 1997, Frank E. O'Bryan and Mary Ann O'Bryan established The O'Bryan Community Property Trust dated August 4, 1997 ("Trust"). C. Assignor hereby requested City to consent to all interest in, and duties and obligations under, the Lease be assigned to Assignee. CONSENT NOW, THEREFORE, the parties hereby agree as follows: 1. City does hereby consent to the assignment of Assignor's interest in the Lease to Frank E. O'Bryan and Mary Ann O'Bryan, Trustees, The O'Bryan Community Property Trust dated August 4, 1997 ("Lease Assignment"). Any further distribution of the Property under the Trust, whereby Frank E. O'Bryan and Mary Ann O'Bryan are not the sole beneficiaries, shall not be considered an exempt transfer as defined in the Lease. https:Hgs.secure-recording.com/Batch/Confirmation/6965725 07/21/2020 Batch 6965725 Confirmation 2. All covenants, conditions and restrictions of the Lease 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 City thereunder, except as herein otherwise provided. 4. 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. 5. Trustees agree to provide a copy of the complete Trust containing these provisions to Lessor to ensure that any transfer of the leasehold will not circumvent that provision of the Lease calling for increased rent upon transfer. In lieu of providing Lessor a copy of the complete Trust, Trustees agree to provide a Trustee Certificate of Trust pursuant to Probate Code §18100.5 containing sufficient evidence to ensure that any transfer of the leasehold will not circumvent that provision of the Lease calling for increased rent upon transfer. 6. AN notices and other communications required or permitted urxler this Consent to Assignment shag 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 coinmunic:ations seared by marl 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 The O'Bryan Community Property Trust 10 Beacon Bay Newport Beach, CA 92660 Notice to City: 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 6 by giving to the party intended to be bound thereby, in the manner provided herein, written notice of such change. Consent to Assignment and Amendment to Memorandum of Lease Page 2 Page 2 of 2 https:Hgs.secure-recording.com/Batch/Confirmation/6965725 07/21/2020 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 CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE ("Assignment") is made and entered into this — day of June, 2020, by and among Frank O'Bryan and Mary Ann O'Bryan, as joint tenants ("Assignor"), Frank E. O'Bryan and Mary Ann O'Bryan, Trustees The O'Bryan Community Property Trust dated August 4, 1997("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 and Assignor entered into a that certain lease dated July 1, 1994 ("Lease"), concerning certain real property described as: Lot 10 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 10 ("Property"), as evidenced by a Memorandum of Lease recorded on January 10, 1995 ("Memorandum"), as Instrument No. 95-0010693 in the Official Records of Orange County. B. On August 4, 1997, Frank E. O'Bryan and Mary Ann O'Bryan established The O'Bryan Community Property Trust dated August 4, 1997 ("Trust"). C. Assignor hereby requested City to consent to all interest in, and duties and obligations under, the Lease be assigned to Assignee. CONSENT NOW, THEREFORE, the parties hereby agree as follows: 1. City does hereby consent to the assignment of Assignor's interest in the Lease to Frank E. O'Bryan and Mary Ann O'Bryan, Trustees, The O'Bryan Community Property Trust dated August 4, 1997 ("Lease Assignment"). Any further distribution of the Property under the Trust, whereby Frank E. O'Bryan and Mary Ann O'Bryan 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 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 City thereunder, except as herein otherwise provided. 4. 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. 5. Trustees agree to provide a copy of the complete Trust containing these provisions to Lessor to ensure that any transfer of the leasehold will not circumvent that provision of the Lease calling for increased rent upon transfer. In lieu of providing Lessor a copy of the complete Trust, Trustees agree to provide a Trustee Certificate of Trust pursuant to Probate Code §18100.5 containing sufficient evidence to ensure that any transfer of the leasehold will not circumvent that provision of the Lease calling for increased rent upon transfer. 6. 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 The O'Bryan Community Property Trust 10 Beacon Bay Newport Beach, CA 92660 Notice to City: 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 6 by giving to the party intended to be bound thereby, in the manner provided herein, written notice of such change. Consent to Assignment and Amendment to Memorandum of Lease Page 2 7. The Memorandum is hereby amended such that the "Lessee" identified therein shall mean and refer to Assignee. 8. This Assignment shall become effective upon recording. [SIGNATURES ON FOLLOWING PAGE] Consent to Assignment and Amendment to 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 ATTORNEY'S OFFICE a California municipal corporation Date: /(O/ZOZU Date: 1.1)o ;oky Aaron C. Harp ao Gr . Leung City Attorney �0'��„/ anager ATTEST: c 4 IK ePAM� Leilani I. Brown City Clerk ©IPO RNa ASSIGNOR: Frank O'Bryan and Mary Ann O'Bryan, as Joint Tenants Date: 7 - �. y)z Gl Frank O'Bryan Mary n O'Bryan ASSIGNEE: Frank E. O'Bryan and Mary Ann O'Bryan, Trustees of The O'Bryan Community Property Trust dated August 4, 1997 Date: %' ea2z ) v Fr k E. O'Bryan Trustee /'Mary An 'Bran Trustee Consent to Assignment and Amendment to 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 01? AN (aE } Ss. NOT140"1 On .j) LI -A 10 20 70 before me, jE #,4%FfW- ANN MVS-Yty NgA.IL Notary Public, personally appeared 61124LE K, L.EV"k- who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/ace subscribed to the within instrument and acknowledged to me that hefehe/they executed the same in hi&Aher/tl;eir authorized capacity(ies), and that by hisAher/their signaturesks) on the instrument the person(s), 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. WITNESS my hand and official seal. Jennifer Ann Mulvey COMM #2214138 a Notary Public - California"n d ORANGE COUNTY �! MY CommissionFxpiresOd.12,2021 (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 O/f A-niC ic--7 } ss. On .1GC`V o'- 2020 before me, ��LL---- Public, personally appeared r9,q N/l 6. p �r32V k who proved to me on the basis of satisfactory evidence name(s) is/are subscribed to the within instrument and he/she/they executed the same in his/her/their authorized his/her/their signatures(s) on the instrument the person(s), which the person(s) acted, executed the instrument. N/d 2 Q bCI X7 - Notary to be the person(s) whose acknowledged to me that capacity(ies), and that by or the entity upon behalf of 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 KELLEY �Natary Ru`liC - California Sran#e County _ commission M 1307335 , Camm. Expires 5" 29, 2023 ' (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 Countyof f9,R/1JGE SS. On Gcc !2-02,o before me, Public, personally appeared Fid NK 9�1, LL.r y n/d R- circ .rr Notary O',Q2yAN 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 myha and official seal. ignature KELLEY NOROUIST Notary Public - California orange County _ Commission N 2367335 My Comm. Expires Sep 29,20 (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 09?1 A)GC }ss. On -J9LI 6, UOO before me, P6L� L�/ Alo/, a atrr Notary Public, personally appeared _d(.f V ;& NN D /L y , who proved to me on the basis of s tisfactory 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 dh KELLEY NORQUIST Notary Public - California Orange County > C&MMISSion M 2307335 My Comm. Expires Sep 29. 7823 (seal)