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Home My WebLink AboutC-7260-20 - Beacon Bay, 14 - Consent to Assignement and Amendment to MOL 2022Batch 13419467 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 1 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder [J I 111 NO FEE *$ R 0 0 1 3 5 8 4 1 4 9$* 202200009096911:20 am 03108122 371 RIM OA C34 10 0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00 [Exempt from Recordation Fee - Govt- Code §§ 273831 CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE THIS DOCUMENT IS RE-RECORDED TO CORRECT RECITALS C. AND D. WITH CORRECT INSTRUMENT NOS. M https://(,s.secure-recording(.com/Batch/Corrtirmation/13419467 03/08/20?? Batch 13415986 Confirmation Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, Califomia 92660 Attn: City Clerk Page 1 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I II III III I I I IIII III I I I II NO FEE *$ R 0 0 1 3 5 8 3 4 5 9$ 2022000090457 9:39 am 03/08122 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 USE) Exempt from Recording Fees per Cat. Gov. Code §§ 6103 and 273x7 APN: 050 22212 CONSENT TO ASSIGNMENT AND AMENDMENT TO MEMORANDUM OF LEASE THIS CONSENT TO ASSIGNMENT AND AMENDM NT TO MEMORANDUM OF LEASE ("Consent") is made and entered into as of the 41V day of March 2022, by and among James A. Helfrich, an individual ("Assignor"), Cynthia F. Helfrich, Trustee of the Beacon Bay Trust created under the James Helfrich 2017 Delaware Grantor Trust, dated February 22, 2017 ("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 James A. Helfrich and Cynthia F. Helfrich, as joint tenants, as evidenced by that certain Consent to Assignment and Amendment of Lease dated rAAP_0A 4 , 2022 and recorded on IMiAQGN '1 2022 as Instrument No. 7o22D000995S2 in the Official Records_ https://gs.sectire-recording.com/Batch/Confirmation/13415986 03/08/2022 Recording Requested By and When Recorded Retum 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 AMEND M NT TO MEMORANDUM OF LEASE ("Consent') is made and entered into as of the �iday of March 2022, by and among James A. Helfrich, an individual ("Assignor'), Cynthia F. Helfrich, Trustee of the Beacon Bay Trust created under the James Helfrich 2017 Delaware Grantor Trust, dated February 22, 2017 ("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 James A. Helfrich and Cynthia F. Helfrich, as joint tenants, as evidenced by that certain Consent to Assignment and Amendment of Lease dated rA A(ZOA 4 , 2022 and recorded on MIARC,N 1 , 2022 as Instrument No. 2oxZoouC)8 1B L,711 in the Official Records. D. On March 1, 2021, the Lease was assigned from James A. Helfrich and Cynthia F. Helfrich, as joint tenants, to Assignor, as evidenced by that certain Consent to Assignment and Amendment of Lease dated M 11201 4 , 2022 and recorded on _ tA1A1kG14 '1 2022 as Instrument No. in the Official Records. 10120000 8 c,SS2 E. 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, an individual, to Cynthia F. Helfrich, Trustee of the Beacon Bay Trust created under the James Helfrich 2017 Delaware Grantor Trust, dated February 22, 2017, pursuant to the Lease Assignment. Any further distribution of the Property under the Lease Assignment, whereby Cynthia F. 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: Consent to Assignment and Memorandum of Lease Page 2 Notice to Assignee: Cynthia F. Helfrich, Trustee of the Beacon Bay Trust created under the James Helfrich 2017 Delaware Grantor Trust, dated February 22, 2017 Attention: Trustee 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 3 EXECUTED on the dates indicated below, at Newport Beach, Orange County, California. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron. Harp City A rney ATTEST: OWN,r I WiP Tml_ brownLeilani 1. City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Grace eung City Manager ASSIGNOR: James A. Helfrich, an individual Date: Signed in Counterpar James A. Helfrich ASSIGNEE: Cynthia F. Helfrich, Trustee of the Beacon Bay Trust created under the James Helfrich 2017 Delaware Grantor Trust, dated February 22, 2017 Date: Signed in Counterpart Cynthia F. Helfrich Trustee 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: -i A (7, Aaron . Harp City A rney ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Grace K. Leung City Manager ASSIGNOR: James A. Helf Dater ►i1 'it��GwiCCaf�iC h, an individual ASSIGNEE: Cynthia F. Helfrich, Trustee of the Beacon Bay Trust created under the James Helfrich 2017 Delaware Grantor Trust, dated February 22, 2017 Date: r O�zo Z Cyn hi? . Helfrich Trustee 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 /fu ) County of ll/Y)iV On before me, G��C Et- Notary Public personally appeared C ytio�/* 'jr= c 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 WITNESS my !land and official seal. II Notary public Commonwealth of Massachusetts Wjy Commission Expires September 29, 2028 Signatu (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 /V{6 -'e County of/1/s�d/��ciGlL�7 ) On OGr rd. IO../ , before me,Notary Public personally appeared-J4yKqc—r -e4 H-C—L—mil 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 WITNESS rr,y hand and official seal. � Notary Public Commonwealth of Massachusetts . My Commission Expires C Soptember 29, 2028 Signat (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 On M A Q04 y 7-02,Z--, before me, JENNY F�f� r CJI%)KJotary Public personally appeared Gle ALE k. L E V l ib who proved to me on the basis of satisfactory evidence to be the person(s}whose name('QjsLare subscribed to the within instrument and acknowledged to me that he/she/tkaey executed the same in his/her/their` authorized capacity(ies), and that by 4s/her/threir 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. Signature (Seal) t';;.. 11 - JENNIFER ANN MULVEY ' Notary Public • California -c]Orange County Commission # 2375299 Comm. Expires Oct 12, 2025