HomeMy WebLinkAboutC-7260-18 - Beacon Bay, 14 - Consent to Assignement and Amendment to MOL 2022Batch 13404922 Confirmation
Recording Requested By
and When Recorded Return To:
City of Newport Beach
100 Civic Center Drive
Newport Beach, Califomia 92660
Attn: City Clerk
Page 1 of 4
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
11111111111111111111111111111111111111111111I I 1111111111111111 NO FEE
*$ R 0 0 1 3 5 8 0 6 2 8$*
202200008867111:02 am 03107122
227 RW9A C34 A17 7
0.00 0.00 0.00 0.00 18.00 0.00 0.000.000.00 0.00
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Exempt from Recording Fees per Cal. Gov. Cade §§ 6103 and 27383
APN: 050 22212
CONSENT TO ASSIGNMENT AND
AMENDMENT TO MEMORANDUM OF LEASE
THIS CONSENT TO ASSIGNMENT AND AMENDMwENT TO MEMORANDUM OF
LEASE ("Consent") is made and entered into as of the 411" day of March 2022, by and
among James A. Helfrich and Cynthia F. Helfrich, as Trustees of the Helfrich 2015
Revocable Trust dated May 19, 2015 ("Assignor"), James A. Helfrich and Cynthia F.
Helfrich, as joint tenants ("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 July 13, 2012, with James A.
Helfrich and Cynthia F. Helfrich, as joint tenants ("Lessee"), concerning certain real
property described as: Lot 14 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, sometimes referred to as Beacon Bay Lot 14 ("Property") as evidenced by a
Memorandum of Lease recorded on July 13, 2012, as Instrument No. 2012000399066
("Memorandum of Lease") in the Official Records of Orange County ("Official Records").
B. On October 24, 2017, the Lease was assigned from Lessee to Assignor, as
evidenced by that certain Consent to Assignment and Amendment to Memorandum of
Lease recorded on November 9, 2017, as Instrument No. 2017000475790 in the Official
Records.
D. On March 1, 2021, Assignor and Assignee executed an Assignment and
Assumption of Lease pursuant to which Assignor 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 does hereby consent to the assignment of James A. Helfrich and
Cynthia F. Helfrich, as Trustees of the Helfrich 2015 Revocable Trust dated May 19, 2015,
to James A. Helfrich and Cynthia F. Helfrich, as joint tenants, pursuant to the Lease
https://gs.secure-recording.com/Batch/Confirmation/13404922 03/07/2022
Recording Requested By
and When Recorded Return To:
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Clerk
Exempt from Recording Fees per Cal. Gov. Code §§ 6103 and 27383
APN: 050 222 12
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
CONSENT TO ASSIGNMENT AND
AMENDMENT TO MEMORANDUM OF LEASE
THIS CONSENT TO ASSIGNMENT AND AMENDMEPJ T TO MEMORANDUM OF
LEASE ("Consent") is made and entered into as of the 4V day of March 2022, by and
among James A. Helfrich and Cynthia F. Helfrich, as Trustees of the Helfrich 2015
Revocable Trust dated May 19, 2015 ("Assignor"), James A. Helfrich and Cynthia F.
Helfrich, as joint tenants ("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 July 13, 2012, with James A.
Helfrich and Cynthia F. Helfrich, as joint tenants ("Lessee"), concerning certain real
property described as: Lot 14 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 14 ("Property") as evidenced by a
Memorandum of Lease recorded on July 13, 2012, as Instrument No. 2012000399066
("Memorandum of Lease") in the Official Records of Orange County ("Official Records").
B. On October 24, 2017, the Lease was assigned from Lessee to Assignor, as
evidenced by that certain Consent to Assignment and Amendment to Memorandum of
Lease recorded on November 9, 2017, as Instrument No. 2017000475790 in the Official
Records.
D. On March 1, 2021, Assignor and Assignee executed an Assignment and
Assumption of Lease pursuant to which Assignor 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 does hereby consent to the assignment of James A. Helfrich and
Cynthia F. Helfrich, as Trustees of the Helfrich 2015 Revocable Trust dated May 19, 2015,
to James A. Helfrich and Cynthia F. Helfrich, as joint tenants, pursuant to the Lease
Assignment. Any further distribution of the Property under the Lease Assignment,
whereby James A. Helfrich and Cynthia F. Helfrich 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 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 last to die of the Trustees, the successor Trustee
shall comply with all provisions of the Lease, including those conditions precedent and
rent requirements of Section 3 of said Lease. Trustees agree to provide a copy of the
complete Lease Assignment 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
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 Assignee: James A. Helfrich and Cynthia F. Helfrich
Attention: James A. Helfrich and Cynthia F. Helfrich
14 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 Memorandum of Lease is amended such that the "Lessee" identified
therein shall mean and refer to Assignee.
7. This Consent shall become effective upon recording.
[SIGNATURES ON FOLLOWING PAGE]
Consent to Assignment and Memorandum of Lease Page 2
EXECUTED on the dates indicated below, at Newport Beach, Orange County,
California.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date:
Aaron Harp
City tt ney
ATTEST:
Date: Inn
3 �. �y
��r
Wa'n!Bri�.City Clerk
f
c ��.;
10
x
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
4_�
GrKX. Leung
C' anager
ASSIGNOR: James A. Helfrich and Cynthia
F. Helfrich, as Trustees of the Helfrich 2015
Revocable Trust dated May 19, 2015
Date.-
Signed
ate:
Signed in Counterpart
James A. Helfrich
Trustee
Date:
Signed in Counterpart
Cynthia F. Helfrich
Trustee
ASSIGNEE: James A. Helfrich and Cynthia
F. Helfrich, as joint tenants
Date:
Signed in Counterpart
James A. Helfrich
Joint Tenant
Date:
Signed in Counterpart
Cynthia F. Helfrich
Joint Tenant
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 ATT O NEY'S OFFICE
Date:
Aaron arp
City �tt �-ney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
ASSIGNOR: James A. Helfrich and Cynthia
F. Helfrich, as Trustees of the Helfrich 2015
Revocable Trust dated May 19, 2015
Date: to f
L
Cynth Helfrich
Trustee
ASSIGNEE: James A. Helfrich and Cynthia
F. Helfrich, as joint tenants
AIV 117
Cynt is F. Helfrich
Joint Tenant
Consent to Assignment and Memorandum of Lease Page 3
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 04-14-
County
4-14-County of AlAA-AryeCC-41,5-5 )
On Ct? Imo, ,7- O'd t , before me, A (L414Vy ��1-0/** lotary Public
personally appeared f f` EtFR tL # &,, .( .-Ii4^ Cr /4: {{ALF 1t/ef
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 signature(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.
MICHAEL J. WILSON
VJITNES trey hand and official seal. Notary Public
9 l 117Commonwealth of Massachusetts
Eby Commission Expires
September 29, 2028
sign
(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 /04
County of d/.A-.N"fc/C(
On OCA' /1. o U.A-/ before me, MI4644'9�L /,A/11SV-'Notary Public
personally appeared J4owy f'A A. t-&-t.FXf64 ,tLe( Cy4/7ff0,- F f /6aLFXfc/T
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 signature(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. MICHAEL J. WILSON
Notary Public
Commonwealth of m assachweth
0 � Z.,My Commission Expires
Se tember 29, 2028
Sig
(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 )
County of OTZW l ->E )
On MAA CEA q , 2 OZZ , before m jENN IKV, a-00 KkAtotary Public
personally appeared 6PALE k • LEVKV
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 signature(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 MWEY
Notary Public Ca ifornia
WITNESS my hand and official seal. _ Orange County
w i Commission t 2375299
►My Comm. Expires Oct 12. 2025 r
Signature
(Seal)