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)