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HomeMy WebLinkAboutC-7410-23 - Beacon Bay, 1 - Consent to Assignement and Amendment to Memorandum of Lease 2021Batch 11 138849 Confirmation RECORDING REQUESTED AND WHEN RECORDED RETURN TQ: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 4 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II II II III III' IIIIIII IIII I� II NO FEE *$ R 0 0 1 3 0 2 6 9 3 2$ 202100047569210:13 am 07/27121 340 502A C34 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 rExemot from Recordation Fee - Govt Code 65 6103 & 273831 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 ("Assignment") is made and entered into this 7-'0 day of July, 2021 by and among Scott Cunningham and Shawn Cunningham, Husband and Wife ("Assignor"), Scott Cunningham and Shawn Cunningham, as Co -Trustees of the Cunningham Living Trust established July 14, 2000 ("Assignee"), and the City of Newport Beach, a Califomia municipal corporation and charter city ("City") , on the following terms and conditions: RECITALS A. City and Assignor executed a lease dated August 6, 2012 ("Lease"), concerning certain real property described as: Lot 1 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, excepting there from the easterly 10 feet thereof, sometimes referred to as Beacon Bay Lot 1 ("Property"), as evidenced by a Memorandum of Lease ("Memorandum") which was recorded on November 9, 2012, as Instrument No. 2012000692522 in the Official Records of Orange County. B. On July 14, 2000, Scott Cunningham and Shawn Cunningham established the Cunningham Living Trust established July 14, 2000 ("Trust"). C. Assignor hereby requests 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 to as follows: 1. City does hereby consent to the assignment of Assignor's interest in the Lease to Scott Cunningham and Shawn Cunningham, as Co -Trustees of the Cunningham Living Trust established July 14, 2000 ("Lease Assignment"). Any further distribution of the Property under the Trust, whereby Scott Cunningham and Shawn Cunningham are https://gs.secure-recording.com/Batch/Confirmation/1 1138849 07/27/2021 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 rExempt from Recordation Fee - Govt Code §§ 6103 & 273831 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 ("Assignment") is made and entered into this VO day of July, 2021 by and among Scott Cunningham and Shawn Cunningham, Husband and Wife ("Assignor"), Scott Cunningham and Shawn Cunningham, as Co -Trustees of the Cunningham Living Trust established July 14, 2000 ("Assignee"), and the City of Newport Beach, a California municipal corporation and charter city ("City") , on the following terms and conditions: RECITALS A. City and Assignor executed a lease dated August 6, 2012 ("Lease"), concerning certain real property described as: Lot 1 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, excepting there from the easterly 10 feet thereof, sometimes referred to as Beacon Bay Lot 1 ("Property"), as evidenced by a Memorandum of Lease ("Memorandum") which was recorded on November 9, 2012, as Instrument No. 2012000692522 in the Official Records of Orange County. B. On July 14, 2000, Scott Cunningham and Shawn Cunningham established the Cunningham Living Trust established July 14, 2000 ("Trust"). C. Assignor hereby requests 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 to as follows - 1 . ollows: 1. City does hereby consent to the assignment of Assignor's interest in the Lease to Scott Cunningham and Shawn Cunningham, as Co -Trustees of the Cunningham Living Trust established July 14, 2000 ("Lease Assignment"). Any further distribution of the Property under the Trust, whereby Scott Cunningham and Shawn Cunningham 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 the City thereunder, except as herein otherwise provided. 4. Upon the death of the last to die of the Trustors, the successor Co -Trustee shall comply with all provisions of the Lease, including those conditions precedent and fee requirements of Section 3 of said Lease. 5. Co -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. 6. All notices and other communications required or permitted under this 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 Co -Trustees: Attention: Scott and Shawn Cunningham, Co -Trustees Cunningham Living Trust 1 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. 7. The Memorandum is hereby amended such that the "Lessee" identified therein shall mean and refer to as Assignee. Consent to Assignment and Amendment to Memorandum of Lease Page 2 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 ATTORNEY'S OFFICE Date: -71k)7i02� ('t— -/-- -far Aaron C. Harp City Attorney �d ATTEST: M1, rown City Clerk tiZcoFvvk% CITY OF NEWPORT BEACH, a California municipal corporation Date: 7 1,0010-01-1 Gra K. Leung CityManager ASSIGNOR: Scott Cunningham and Shawn Cunningham, Husband and Wife Date: Scott Cunningham Date: Shawn Cunningham ASSIGNEE: Scott Cunningham and Shawn Cunningham, as Co -Trustees of the Cunningham Living Trust established July 14, 2000 Date: -7/( `( c? 1 Scott Cunningham Co -Trustee Date: --� 1 J6ca W-. ( Y) n lei V.'`- Shawn Cunningham Co -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 OI-�' A N ss. a�� bef r me, �.�f�� On Jul � Notary Public, per onal y appeared r C . o I xw w 4 eVk who proved to me on the basis of satis act ry evidence to be the perso (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. WI ESS my hand and official seal. * 4-u Signature (seal) *my PHILLIP R. GUS AVSON Notary Public • CaliforniaOrange CountyCommission # 2317153 Comm. Expires Jan 21, 2024 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 012 A r40 E }ss. On J VL -`l 22 , 2021 before me, J 6 NN t FrW, AA," MULVE y , Notary Public, personally appeared GQ ALE k . Ltv u( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-Y is/are subscribed to the within instrument and acknowledged to me that b.e/she/they executed the same in his/her/th& authorized capacity (ies), and that by h+e/her/their signatures(.$) on the instrument the person(6), or the entity upon behalf of which the persoaW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I: Signature j. j ............. Jennifer Ani M e COMM #2214138 a wF. NotaryPublic-California'^ ORANGE COUNTY _;��' My CommissionExpiresOct.1 2021 s (seal) Batch 11 138849 Confirmation RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 3 of 4 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11 1111111111111111111111111 111111111111111111111111111111111NO FEE *$ R 0 0 1 3 0 2 6 9 3 3$* 202100047569310:13 am 07127121 340 502A C34 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 [Exempt from Recordation Fee - Gavt Code §§ 6103 & 273831 SPACE ABOVE THIS UNE FOR RECORDER'S USE __ CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE CAssignmenn is made and entered into this 2 _Z) day of July, 2021 by and among Scott Cunningham and Shawn Cunningham, Husband and Wife (`Assignor'), Scott Cunningham and Shawn Cunningham, as Go -Trustees of the Cunningham Living Trust established July 14, 2000 (°Assignee, and the City of Newport Beach, a California municipal corporation and charter city (°City' , on the following terms and conditions: RECITALS A. City and Assignor executed a lease dated August 6, 2012 ("Lease7, concerning certain real property described as: Lot 1 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 Califomia, excepting there from the easterly 10 feet thereof, sometimes referred to as Beacon Bay Lot 1 ("Property, as evidenced by a Memorandum of Lease ("Memorandum's which was recorded on November 9, 2012, as Instrument No. 2012000692522 in the Official Records of Orange County. B. On July 14, 2000, Scott Cunningham and Shawn Cunningham established the Cunningham Living Trust established July 14, 2000 (`Trust's. C. Assignor hereby requests 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 to as follows: 1. City does hereby consent to the assignment of Assignor's interest in the Lease to Scott Cunningham and Shawn Cunningham, as Co -Trustees of the Cunningham Living Trust established July 14, 2000 ("Lease Assignment"). Any further distribution of the Property ender the Trust, whereby Scott Cunningham and Shawn Cunningham are https://gs.secure-recording.com/Batch/Confirmation/1 1138849 07/27/20211 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 I'Exempt from Recordation Fee - Govt Code §$ 6103 & 273831 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 ("Assignment") is made and entered into this 2jD day of July, 2021 by and among Scott Cunningham and Shawn Cunningham, Husband and Wrfe ("Assignor"), Scott Cunningham and Shawn Cunningham, as Co -Trustees of the Cunningham Living Trust established July 14, 2000 ("Assignee"), and the City of Newport Beach, a California municipal corporation and charter city ("City") , on the following terms and conditions: RECITALS A. City and Assignor executed a lease dated August 6, 2012 ("Lease"), concerning certain real property described as: Lot 1 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, excepting there from the easterly 10 feet thereof, sometimes referred to as Beacon Bay Lot 1 ("Property"), as evidenced by a Memorandum of Lease ("Memorandum") which was recorded on November 9, 2012, as Instrument No. 2012000692522 in the Official Records of Orange County. B. On July 14, 2000, Scott Cunningham and Shawn Cunningham established the Cunningham Living Trust established July 14, 2000 ("Trust"). C. Assignor hereby requests City to consent to all interest in, and duties and obligations under the Lease be assigned to Assignee. CKelzR14:41i" NOW, THEREFORE, the parties hereby agree to as follows: 1. City does hereby consent to the assignment of Assignor's interest in the Lease to Scott Cunningham and Shawn Cunningham, as Co -Trustees of the Cunningham Living Trust established July 14, 2000 ("Lease Assignment"). Any further distribution of tha PrnnrPrty Linder the Tri Ict WherPhv gruff ('i inninrvham and Ohq%Ain (°i lnninnhnm ara 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 the City thereunder, except as herein otherwise provided. 4. Upon the death of the last to die of the Trustors, the successor Co -Trustee shall comply with all provisions of the Lease, including those conditions precedent and fee requirements of Section 3 of said Lease. 5. Co -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. 6. All notices and other communications required or permitted under this 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 Co -Trustees: Attention: Scott and Shawn Cunningham, Co -Trustees Cunningham Living Trust 1 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. 7. The Memorandum is hereby amended such that the "Lessee" identified therein shall mean and refer to as Assignee. Consent to Assignment and Amendment to Memorandum of Lease Page 2 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 TOFORM: Ci i , ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney ATTEST: Date: 1• A;L ;Ll ►._Izrl��M ,lin(tj 1111,City Clerk CITY OF NlrW ORT BEACH, a California municipal corporation Date: 71 ;-0 / IiQ;d Grl46iIK. Leung Ci anagen ASSIGNOR: Scott Cunningham and Shawn Cunningham, Husband and life Date: -7 f 0 2 YY Y Y 1 Y Y Y Date: .-'Shawn Cunningham ASSIGNEE: Scott Cunningham and Shaven Cunningham, as Co -Trustees of the Cunningham Living Trust establisped Jply 14, 2000 Date: '-7 % l j 0 2 1. Scott Cunningham _. Co -Trustee Date: Shawn Cunningham Co -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 �'1R� iJ ) ss. On Q J�,l _ before pe,Adf) P k -6�A� Notary Public, per onally appeared �® C,bc1�R; ka tai ty , who proved to me on the basis of satisfacto evidence to be the person() 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 0-1 .5 ., r ry PHILLIP R. GUSTAVSON NNotary Public - California Z w - Orange County 9 Commission # 2317153 �� "�wMy Comm. Expires Jan 21, 2024 (seal) 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 OR AA 'k (V E } ss. On j UL.,t 72 r 7-0'2-1 before me, jCNN[ t;Fy ANrai hA vLyE-t Notary Public, personally appeared 6P.1qLE V. UvVilqc, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/a,re-- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in has/her/their authorized capacity(i®s� and that by hasher/their signatures s) on the instrument the perso%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. Signature - U � Jennifer Ann Mulvey Fes- COMM #2214138 a 4 .- i Notary Public -California m a ORANGE COUNTY My Commission Expires 00. 12,2021 (seal)