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Home My WebLink AboutC-7260-19 - Beacon Bay, 14 - Consent to Assignement and Amendment to MOL 2022Batch 13410011 Confirmation Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk Page I of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II II II III III III II II I'IIIII' �� NO FEE *$ R 0 0 1 3 5 8 2 1 9 3$ 2022000089552 3:23 pm 03107122 227 RW9A C34 A17 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USEI Exempt from Recording Fees per Cal. Gov. Cale §§ 6103 and 27363 APN: 050 222 12 CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE ("Consent') is made and entered into as of the _410 day of March 2022, by and among James A. Helfrich and Cynthia F. Helfrich, as jointtenants ("Assignor"), and James A. Helfrich as an individual ("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 ("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 James A. Helfrich and Cynthia F. Helfrich as Trustees of the Helfrich 2015 Revocable Trust dated May 19, 2015, as evidenced by that certain Consent to Assignment and Amendment of Lease recorded on November 9, 2017, as Instrument No. 2017000475790 in the Official Records. C. On March 1, 2021, the Lease was assigned from James A. Helfrich and Cynthia F. Helfrich, as Trustees of the Helfrich 2015 Revocable Trust dated May 19, 2015 to Assignor, as evidenced by that certain Consent to Assignment and Amendment of Lease dated MAVE H 411 , 2022 and recorded on M A 9-t4) '1 , 2022 as Instrument No. 70229000$610111in the Official Records. littps://(,s.secure-i-ecot-din�(2.comBatcli/Confirmation/1 3410011 03/07/20212 Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Exempt from Recording Fees per Cal. Gov. Code §§ 6103 and 27383 APN: 050 222 12 CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE ("Consent") is made and entered into as of the Y'+i day of March 2022, by and among James A. Helfrich and Cynthia F. Helfrich, as joint tenants ("Assignor"), and James A. Helfrich as an individual ("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 ("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 James A. Helfrich and Cynthia F. Helfrich as Trustees of the Helfrich 2015 Revocable Trust dated May 19, 2015, as evidenced by that certain Consent to Assignment and Amendment of Lease recorded on November 9, 2017, as Instrument No. 2017000475790 in the Official Records. C. On March 1, 2021, the Lease was assigned from James A. Helfrich and Cynthia F. Helfrich, as Trustees of the Helfrich 2015 Revocable Trust dated May 19, 2015 to Assignor, as evidenced by that certain Consent to Assignment and Amendment of Lease dated _N1A1ZtH 4V , 2022 and recorded on M A RtN -1 2022 as Instrument No. 20220000881►11in 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's interest in and to the Lease as joint tenants, to James A. Helfrich, an individual, pursuant to the Lease Assignment. Any further distribution of the Property under the Lease Assignment, whereby James A. Helfrich is not the sole beneficiary, 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, an individual 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 Consent to Assignment and Memorandum of Lease Page 2 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 3 EXECUTED on the dates indicated below, at Newport Beach, Orange County, California. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date.- Aaron ate:Aaron C. arp City Atto hey ATTEST: Date: Leilani I. Brown City Clerk e O BALI FO'� ,e CITY OF NEWPORT BEACH, a California municipal corporation Date: Grac . Leung Cit anager ASSIGNOR: 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 ASSIGNEE: James A. Helfrich, an individual Date: Signed in Counterpart James A. Helfrich Consent to Assignment and Memorandum of Lease Page 4 EXECUTED on the dates indicated below, at Newport Beach, Orange County, California. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:__��% y .� l/ Aaron C. arp City Atto 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 joint tenants Date: !n 292 Z� dlzA�_� CynthTYr. Helfrich Joint Tenant ASSIGNEE: James A. Helfrich, an individual 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/il� County ofn/AN r'c�(GrG7 ) On 4'67' /,) _ AyiZ / before me, *(C wed WtL-fy-O""Notary Public personally appeared s.14ot ES A. 119:LF4 /L/7F 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 },, {hand and official seal. � MICHAEL J. WILSON Notary Public II)COM of Massachusetts my Commission Expires • September 29, 2028 Signature (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 44-' County of M4oc-7-LeeW.0-> ) On OC -T _ / J- _ ,2 0,)/ , before me, _r_GN�'f�s-w�GS'd�Notary Public personally appeared %�i¢ iEx A OtF-7= �� / L (of 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 n-iy hand and official seal Ic Sig .0 MICHAEL J. 1MLSON Notary public Commonwealth of Massachusetts MY Cwnmission Expires 50131ember 29. 202€3 �, (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 O2IA W06 ) On �12Lj-� y 20772 before me,JEN NIFF-sZ ANP NIVNE,Yjotary Public personally appeared 6kik LE k. LEVMb who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s� is/are subscribed to the within instrument and acknowledged to me that hefshe/the rLexecuted the same in kis/her/tl authorized capacity( es), and that by h4/her/the4 signature(s4 on the instrument the person(s), or the entity upon behalf of which the person(o 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 m hand and official seal. .5" ..� JENNIFER ANN MULVEY y W - Notary Public - California _R Orange County Commission # 2375299 My Comm, Expires Oct 12, 2025 1 1\ Signature (Seal)