HomeMy WebLinkAboutBEACON BAY LEASE LOT 3_01_LEASE_SUMMARYBeacon Bay Lease Lot 3
01_LEASE_SUMMARY
FI:OM : 0 FAX NO. : 0. 08 2002 10:24AM -P1
August 9, 2002
To: Shirley Oborny
City of Newport
Beach, Ca.
From: Paul A. Ramsey
Fax 949 644 3008
Tel 949 675 6015
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Re: Underpaid lease amount due on 43 Beacon Bap
(Glen Everroad's letter dated July 22, 2002)
Dear Shirley,
Per our telephone conversation this a.m., this is your
authorization to collect the underpaid amount of S21,065.40
from my Visa United Mileage Account #4388 5230 2950 3658
along with future lease payments in the amount of $2,630.00
per month.
Because of the large amount I request that you spread the
payment over the next three months.... because I believe my
available amount is around $15,000 for all of my charges
including the lease amounts and I do not want to exceed that
figure. ,
Thank you for your cooperation.
Verytrgly yours
,
•, .-a . c.., .
Paul A. Ramsey
a
0 0
CITY OF NEWPORT BEACH
REVENUE DIVISION
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
(714) 644-3141 • FAX (714) 644-3073
July 22, 2002
Mr. Paul A. Ramsey
3 Beacon Bay
Newport Beach, CA. 92660
RE: Beacon Bay Lease
I have recently been advised that the monthly Beacon Bay lease statements you
have been receiving do not correlate to the lease agreement executed on March
14, 1997. The lease agreement requires a monthly rental payment of $2,630.00.
However, since January of 1998 the two account statements (BB-0003-0 and
BB-0003-1) provided you reflected a combined total of $2,239.90. Your monthly
payments from January 1998 to July 2002 have been $390.10 less than the
amount required by the lease agreement. According to our calculation there
were 54 months that the lease was underpaid. The underpaid rental payments
total $21,065.40. Although provided for in the lease, no late payment charges
have been included in the underpaid rent amounts owed.
Enclosed is your Beacon Bay lease statement for August 2002. As you can see,
your Beacon Bay statements have been combined to one statement with the
correct lease amount reflected on the single statement. The combining of the
two statements has been done to facilitate the consolidation of your Beacon Bay
lease with your water bill next month. This consolidation is occurring for all our
Beacon Bay lease customers with water service.
I apologize for any inconvenience our statements or your underpayment may
have caused. However, the City is obligated to collect the underpaid lease
amount and would appreciate your payment of $21,065.40 by August 31, 2002.
Should you wish to discuss your billings or desire to establish a repayment plan
please contact me at (949) 644-3141.
Sincerely,
Glen Everroad
Revenue Manager
3300 Newport Boulevard, Newport Beach
. City Managers 010
3300 Newport Blv .
Newport Beach, CA 92660-7916
949-644-3002
FAX TRANSMITTAL
Date: June 19, 2002
FAX 949-644-3008
To: Paul Ramsey Fax: 323-851-2022
From: Shirley Oborny Phone:
Subject: Land Lease payments for 3 Beacon Bay
Total Pages: Cover only
Mr. Ramsey, I was able to locate an employee in our Revenue Division who worked here back
in'98 when the account was split into 2 separate billings. She is helping me with the research.
We should have a better understanding of what transpired by next week. We may need to
get into our archive files located off site.
In the meantime, the lease in my file shows the annual rent should be $2,360. The amount we
show currently being billed is $830 to Ramsey & Sons and $1,409.90 to Paul A. Ramsey, which
only totals $2,239.9. The amount in question is $390.10.
will contact you next week after we review our old recorded. Please let me know if your
show anything different than the above.
Shirley Oborny
949-644-3002
`J
Oborny, Shirley
From: Carney, Seanne
Sent: Tuesday, May 28, 2002 11:36 AM
To: Oborny, Shirley
Subject: RE: 3 Beacon Bay
you are correct - we are currently billing #3 for $2239 per month.
They were being billed for $2630 under account #BB-0003-0 until 12/97.
Starting 1/98 the billing was split into 2 accounts - BB-0003-0 billing for $1409 per month
BB-0003-1 billing for $830 per month.
I do not know what the reason for splitting the billing was. I do not know if'the decrease in rent was due
to a error or if there was a reason. This happened before my time. I guess that the next logical questions
would be should be back billed for the difference? Should I raise the rental rate now?
Seanne
-----Original Message -----
From: Oborny, Shirley
Sent: Tuesday, May 28, 2002 10:31 AM
To: Carney, Seanne
Subject: 3 Beacon Bay
I need to see if 3 Beacon Bay is being correctly billed for $2,630 per month. The report we give the
County for tax purposes shows $1,409 & $830. That totals $2,239. That leaves $391 that doesn't
show on the printout
Shirley Oborny
City Manager's Office
City of Newport Beach
949-644-3002
949-644-3008 (fax)
Please advise. Thanks.
N
02/26/01
BUSINESS NUMBER ------ BUSINESS NAME/ADDRESS
BS-0001-1
LOUIS SABATASSO
S- 1 BEACON BAY
M- 1 BEACON BAY
NEWPORT BEACH, CA 92660
BB-0002-0
EVERSOLL, JOHN D
S- 2 BEACON BAY
M- 2 BEACON BAY
NEWPORT BEACH, CA 92663
BB-0003-0
PAUL A RAMSEY
S- 3 BEACON BAY
M- 3 BEACON BAY
NEWPORT BEACH, CA 92660
BB-0003-1
RAMSEY AND SONS
S- 3 BEACON BAY
M- 3 BEACON BAY
NEWPORT BEACH, CA 92660
AMTS
1,875.00
1,495.83
!830OB S6o'lA P"Ci
BB-0004-0 DANISL M GUGGSNHEIM• L BB-100LEASES CURRENT AMOUNT D T'
S- 4 BEACON BAY TOTAL DUE FOR INVOICE 2001-03 ON 03/01/01'/
M- 4 BEACON BAY b
NEWPORT BEACH CA 92663 TOTAL FOR ACCOUNT ------------------------------ 1,771.67
CITY OF NEWPORT BEACH PAGE 1
BILLING PRELIST
--- CYCLE SERVICE UNITS
L BB-100-LEASES CURRENT AMOUNT
TOTAL DOE FOR INVOICE 2001-03 ON 03/01/01
TOTAL FOR ACCOUNT ------------------------------
L BB-100-LEASES CURRENT AMOUNT
TOTAL DUE FOR INVOICE 2001-03 ON 03/01/01
TOTAL FOR ACCOUNT ------------------------------
L BB-100-LEASES CURRENT AMOUNT
TOTAL DUE FOR INVOICE 2001-03 ON 03/01/01
TOTAL FOR ACCOUNT ------------------------------
L BB-100-LEASES CURRENT AMOUNT
TOTAL DUE FOR INVOICE 2001-03 ON 03/01/01
TOTAL FOR ACCOUNT------------------------------
BB-0005-0 JOHN L CURCI
S- 5 BEACON BAY
L BB-100-LEASES CURRENT AMOUNT
TOTAL DUE FOR INVOICE 2001-03 ON 03/01/01
?:
2�
M- PO BOX 1549
NEWPORT BEACH, CA 92663
TOTAL FOR ACCOUNT ------------------------------
2,403.33
BB-0006-0 KENT WILKEN
S- 6 BEACON BAY
L BB-100-LEASES CURRENT AMOUNT
TOTAL DUE FOR INVOICE 2001-03 ON 03/01/01
-2
M- 6 BEACON BAY
NEWPORT BEACH, CA 92660
TOTAL FOR ACCOUNT ------------------------------
2,855.00
BB-0007-0 BOSTON SAFE DEPOSIT AND TRUST
L
BB-100-LEASES CURRENT AMOUNT
TOTAL DUE FOR INVOICE 2001-03 ON 03/01/01
S- 7 BEACON BAY
M- ATTN: W XAULL, JR REAL ESTATE DEPT
2,754.62
BOSTON, MA 02102
TOTAL FOR ACCOUNT ------------------------------
BB-0008-0 RODNEY EMERY
L
BB-100-LEASES CURRENT AMOUNT
S- 8 BEACON BAY
TOTAL DUE FOR INVOICE 2001-03 ON 03/01/01
M- STEADFAST PROPERTIES
NEWPORT BEACH, CA 92660
TOTAL FOR ACCOUNT ------------------------------
3,623.33
b
BB-0009-0 PETER J SHEA
L
BB-50-LEASES CURRENT AMOUNT
' S- 9 BEACON BAY
L
BB-SOA-LEASES CURRENT AMOUNT
' M- 9 BEACON BAY
TOTAL DUE FOR INVOICE 2001-03 ON 03/01/01
NEWPORT BEACH, CA 92662-9945
3,695.83
TOTAL FOR ACCOUNT ------------------------------
RUN DATE 02%26/01 TIME 14:55:30
PEI - COUNT SYSTEMS - RECEIVABLE
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MANAGER
s
CITY OF NEWPORT BEACH
City Managers Office
(949)644-3002
May 3, 2001
Paul and Florence Ramsey
3 Beacon Bay
Newport Beach, CA 92660
RE: Land lease for Lot 3, Beacon Bay
Newport Beach, CA 92660
Dear Mr. and Mrs. Ramsey:
We have become aware of a billing error in which the City has overbilled
you $0.90 for the last 40 billing cycles.
Your monthly lease rent should be $2,630.00, not $2,630.90. Your
account will be credited by $36.00 and the correct amount should be
reflected in your billing statement as of June, 2001.
We apologize for any inconvenience this may have caused.
Sincerely,
Dave Kiff
Assistant City Manager
City Hall • 3300 Newport Boulevard • Newport Beach, California 92663-3884
DISPLAY BUSINESS
RECORDS: DISPLAY
EXIT
DISPLAY BUSINESS
RECORDS
---------------------------------------------------------------------
05/02/01
BUSINESS
NUMBER
BB-0003-0
TOTAL DUE
1409.90
BUSINESS
NAME
PAUL A RAMSEY
SERVICE
ADDRESS
3 BEACON
BAY
APT
NEWPORT BEACH, CA
ZIP 92660
BILLING
ADDRESS
3 BEACON
BAY
CYCLE L
TAX N
PENALTY Y
PROPERTY
ID 050-221-07
NEWPORT
BEACH, CA
UNAPPLIED
CREDIT
0.00
92660
EXPIRES 04/17/2001
SERVICE
TITLE
BILL REF
DATE
BILLED
PAID
DATE PAID
BB-100
LEASES
2001-05
04/17/01
1409.90
0.00
BB-100
LEASES
2001-04
03/20/01
1409.90
1409.90
04/10/01
BB-100
LEASES
2001-03
02/20/01
1409.90
1409.90
03/12/01
BB-100
LEASES
2001-02
01/18/01
1409.90
1409.90
02/12/01
BB-100
LEASES
2001-01
12/19/00
1409.90
1409.90
01/10/01
PRESS ESCAPE FOR NEXT SCREEN
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Beacon Bay Differences
Rental Amounts
my records
your records
630.0 �115
#31 117 -
—Bwrzg
#38 315.0
663.92
#61 706.83
369.67
different billing addresses
#05 pobox 1549
#07 attn: w kaull-jr real estate dept
pobox 590
#08 steadfast properties
20320 sw birch st #300
#10 610 newport ctr dr #530
#16 336 s hudson ave
#19 2801 ebbtide rd
#21 1 charlotte
#22 pmb 355 pobox 6140
#34 1040 a osbourne rd #1002
#35 c/o pauley development & mgmt
3199 a-1 airport loop dr
#42 44 beacon bay
#46 1200 wilshire blvd-6ih flr
#50 25902 nellie gail ranch rd
#51 16672 millik& ave
#58 1611 cherry ove
#59 36 royal st george
#60 1719 camino lindo
#62 pmb 355 pobox 6140
#65 2559 abedul st
#66 po box 50-600
#67 1200 wilshire blvd-6'h flr
.a
i5 Cofve6�. Ovavr6i filed . qD
newport beach, ca 92663
boston, ma 02102
newport beach, ca 92660
newport beach, ca 92660
los angeles, ca 90020
corona del mar, ca 92625
irvine, ca 92612
newport beach, ca 92658
phoenix, az 85014
costa mesa, ca 92626
newport beach, ca 92660
los angeles, ca 90017
laguna hills, ca 92653
irvine, ca 92714
san jose, ca 95125
newport beach, ca 92660
south pasadena, ca 91030
newport beach, ca 92658
carlsbad, ca 92009
ontario, ca 91761
los angeles, ca 90017
0 0
PAUL RAMSEY & SONS
6711 FOREST LAWN DR.. STE, 201
LOS ANGELES, CA 90068
PAY M THE
16-386011220 1277
D016016287
DATE /' I .� L 4 /
DOLLARS Mi.� m
V - �
jam] The BANK of
HOLLYWOOD
MAIN OFFICE 9XOLLWIOI) BIRD,
XOLLYWOD. MIFOXIA W8
MEMO'-
1: 12 20386041: 27 71L1001-60 i687110
0 0
AMENDMENT TO DECLARATION OF TRUST
The Trustor has assigned all interest in and to that certain lease
made and entered into on 14th day of November, 1994, by and between
the CITY OF NEWPORT BEACH, as Lessor, and PAUL A. RAMSEY AND FLORENCE
PATRICIA RAMSEY, husband and wife, as community, property, as Lessees,
to Paul A. Ramsey and Florence Patricia Ramsey, Trustees of the RAMSEY
FAMILY REVOCABLE TRUST, established January 17, 1995.
Upon the death of the Trustors, the successor Trustee shall comply
with all provisions of Paragraph 4 of said lease.
IN WITNESS WHEREOF, the Trustor and the Trustee have executed this
Amendment to Declaration of Trust this I day of &gmLt,L ,1997•
Approved this IL day of
1997
Attorney for Trustor
'�Oax-�
Paul A. /Raam-s�ey, Trustor
Florence Patricia Ramsey O
Trustor
Paul A. Ramsey, Trustee
Florence Patriciamsey
Trustor
0 !
THE 'RAMSEY FAMILY REVOCABLE TRUST
ARTICLE 1
CREATION OF TRUST
1.1 Creation Of Trust.
PAUL A. RAMSEY and FLORENCE PATRICIA RAMSEY, who are referred to herein as
the "Settlors," transfer and deliver t0 PAUL A. RAMSEY and FLORENCE PATRICIA RAMSEY,
"Trustees," the sum of S1.011 and such other property as may constitute a portion of the trust
estate. No consideration was or will be given by the Trustees to the Settlors for the transfer to
the Trustees of any of the trust estate.
1.2 Recitals.
The Settlors were married on May 14, 1949 and have two (2) Children, namely,
PATRICK ALLEN RAMSEY and MICHAEL PAUL RAMSEY. The Settlors have no other children, living
or deceased.
END OF ARTICLE
ARTICLE 2
OFFICE OF TRUSTEE
2.1 Original Trustees.
PAUL A. RAMSEY and FLORENCE PATRICIA RAMSEY shall serve as the original
Trustees in connection with all trusts hereunder unless otherwise provided in this instrument.
2.2 Successor Trustees.
If one of the original Trustees ceases to serve, the other original Trustee and
PATRICK ALLEN RAMSEY shall serve as Successor Co -Trustees. If one of such successor Co -
Trustees ceases to serve, the other shall continue to serve as the sole successor Trustee. If both
Settlors and both successor Co -Trustees have ceased to serve, MICHAEL PAUL RAMSEY oshall
serve as the sole successor Trustee.
Those individuals or Corporate Trustees named above shall serve without the
approval of any court or, if none are willing or able to serve, the Successor Trustee shall be
appointed by a court of competent jurisdiction.
Page 1 of 57
F-01d 99:0T L66T-OF-11dr
2.3 Successor Designation.
Each individual (other than a Settlor) and each Corporate Fiduciary designated
or acting from time to time as a Trustee of any trust hereunder shall have the power at any time
to designate those individuals (other than a Settlor) and those Corporate Fiduciaries who would
succeed in the event such Trustee became unwilling or unable to serve. To be effective, such
designation must be delivered in writing to the other Trustee(s), Income Beneficiary(ies), and
living Settlor(s) of the trust for which the designation applies. Such designation shall be
ineffective to the extent it contradicts any designation of Successor Trustee contained in this
instrument. Such writing may nominate more than one individual, Corporate Fiduciary or both,
and may provide that such individuals or Corporate Fiduciaries serve as Co -Trustees or as sole
Trustee, and may specify the order of priority in which such individuals or Corporate Fiduciaries
shall serve. Such designation may be revoked or amended by a subsequent writing by such
individual or Corporate Fiduciary that complies with the above formalities. Any individual or
Corporate Fiduciary so nominated who qualifies and acts as a Trustee hereunder may similarly
nominate one or more individuals or Corporate Fiduciaries to serve as his, her or its successor(s).
Such nominations may waive bond for any or all Successor Trustees designated. Any Trustee
designated to serve under this Paragraph shall do so without the approval of any court.
2.4 Voluntary Resignation.
A Trustee may resign upon written notice to all other Trustees or, if none, to his
or her successor or, if none, to all then Income Beneficiaries. However, such Trustee shall not be
relieved of liability until his or her successor has qualified and such Trustee's accounting has
been settled.
2.5 Power to Appoint Co -Trustee.
The Trustee shall have the power at any time to (i) appoint additional Co -Trustees,
and (ii) remove Co -Trustees who would not be serving but for their appointment pursuant to
this Paragraph, but such powers may be exercised only by the unanimous agreement of all
existing Co -Trustees (not including those Co -Trustees who would not be serving but for their
appointment pursuant to this Paragraph).
2.6 Actions By Independent Trustee.
If any of the following powers are granted by this instrument to the Trustee(s) of
any trust hereunder (other than a Settlor serving as the Trustee of a trust hereunder which may
be revoked or amended by such Settlor), such powers shall be exercised only by those Trustee(s)
who are Independent Fiduciary(ies), as such term is defined in PARAGRAPH 12.15 Independent
Fiduciary:
(i) To postpone or accelerate distributions of principal to a Beneficiary;
(ii) To distribute income or principal to or for the benefit of a Beneficiary for
any purpose other than (a) the Health of such Beneficiary, (b) the Education of such
Beneficiary or (c) the support of such Beneficiary in his or her accustomed manner of
living;
Page 2 of 57
(iii) To borrow, pledge, encumber, guarantee or lend to or for the benefit of a
Beneficiary; and
(iv) To grant a Beneficiary a general power of appointment or to eliminate such
power.
Those Trustee(s) who are Independent Fiduciary(ies) shall be referred to as Independent
Trustee(s). No Trustee who is not an Independent Trustee may exercise or participate in the
exercise of such powers. No Independent Trustee shall be liable for exercising or not exercising
such powers, unless such exercise or non -exercise involves willful misconduct or gross
negligence, and such Independent Trustee shall be entitled to be indemnified and held harmless
by the trust estate of the trust(s) with respect to which such powers were or could have been
exercised.
If at any time no acting Trustee is an Independent Trustee, the next successor Trustee
named in PARAGRAPH 2.2 Successor Trustees (or nominated pursuant to PARAGRAPH 2.3
Successor Designation) who is an Independent Fiduciary shall sen•e as Independent Trustee for
the sole purpose of exercising or not exercising such discretion or, if none are Independent
Fiduciary(ies), the then acting Trustee shall petition the court having jurisdiction over the
internal affairs of this trust for the appointment of an Independent Trustee for the sole purpose
of exercising or not exercising such discretion.
The various provisions of this Article shall apply to any individual or Corporate
Fiduciary serving as Independent Trustee solely for such purpose; provided, however, that no
Independent Trustee may delegate the powers granted such Independent Trustee by this
PARAGRAPH 2.6 except to another Independent Trustee.,
An individual or Corporate Fiduciary serving as Independent Trustee solely for
such purpose shall have no responsibility for the administration and management of the trust
estate and shall receive reasonable compensation for his, her or its services.
2.7 Incapacity Of Trustee,
Any Individual Trustee shall be deemed to be incapacitated for purposes of this
instrument if two physicians certified by a recognized Medical Specialty Board, who are not
related by blood or marriage to any Trustee or Beneficiary, certify in writing that they have
examined such person and have determined that he or she is physically or mentally incapable
of exercising his or her powers. In the absence of such written medical evidence of a Trustee's
incapacity, the other Trustees may petition the court having jurisdiction over this instrument for
a determination that such person is physically or mentally incapable of exercising his or her
powers. The expenses of any such examination and court proceeding shall be paid from the trust
of which such individual is a Trustee.
Page 3 of 57
real LS:OT L66S-8i—NUf
2.7a Effect Of Incapacity.
If any Individual Trustee hereunder is deemed to be incapacitated
pursuant to the provisions of this PARAGRAPH 2.7, the other Trustees shall, during the
period of such Trustee's incapacity, make any and all decisions as though they were the
only Trustees.
2.7b Reinstatement As Trustee.
Any Individual Trustee deemed to be incapacitated pursuant to the
provisions of this PARAGRAPH 2.7 shall be automatically reinstated as Trustee upon
recovery from such incapacity. If such recovery is disputed, the individual shall be
examined by the two physicians who initially determined that he or she was physically
or mentally incapable of exercising his or her powers. If the two physicians who initially
determined that such Individual Trustee was physically or mentally incapable of
exercising his or her powers are unavailable, or if the court determined that such Trustee
was incapacitated, any two physicians certified by a recognized Medical Specialty Board
who are not related by blood or marriage to anv Trustee or Beneficiary may make the
determination whether such individual has recovered from such incapacity. The decision
of the physicians whether such individual has recovered from such incapacity shall be
binding. The provisions of this PARAGRAPH 2.7b shall not apply to any Trustee who shall
be deemed to have resigned pursuant to PARAGRAPH 2.7c below.
2.7c Automatic Resignation Of Incapacitated Trustee.
Any Individual Trustee hereunder deemed to be incapacitated pursuant
to the provisions of this PARAGRAPH 2.7 shall be deemed to have automatically resigned
if (i) such incapacity persists for a period exceeding ninety (90) days (any two (2) periods
separated by ten (10) days or less being considered a single period), or if (ii) two (2)
physicians (qualified as provided in PARAGRAPH 2.7 above) determine in writing that the
incapacitated Trustee is physically or mentally incapable of exercising his or her powers
and is likely to remain incapacitated indefinitely. However, such Trustee shall not be
relieved of liability until his or her successor has qualified and such Trustee's accounting
has been settled.
2.7d Consent To Examination And Waiver Of Doctor -Patient Privilege.
Each Individual Trustee hereunder, by accepting his or her office as such,
agrees (i) to cooperate in any examination necessary to carry out the provisions of this
PARAGRAPH 2.7, (ii) to waive the doctor -patient privilege in respect to the results of such
examination to the extent required to implement this PARAGRAPH 2.7 and otherwise to
facilitate the administration of all trusts being administered hereunder, and (iii) that his
or her obligation to comply with the provisions of this PARAGRAPH 2.7 are specifically
enforceable.
Page 4 of 57
,n•,4
oc.nr JrrT ^?-1•IHr
2.8 Delegation By Trustees Permitted
If Co -Trustees are acting hereunder, a Co -Trustee may from time to time delegate
to the other Co -Trustees all or any of his or her powers as Trustee during temporary absences
due to vacation, business or employment, illness or emergency, or other similar cause. Such
delegation shall be in writing, shall specify the powers delegated and may be revoked or
modified by a comparable writing. A statement that the Trustee delegates all powers granted
by this instrument shall be sufficient to delegate all such powers. No delegation shall be made
by anyone other than a Settlor for longer than six (6) months, and any two (2) delegations for
the same purpose must be separated by at least a thirty -day period. Any such delegation shall
be exercised by delivery by the delegating Trustee to the other Co -Trustees of written notice
specifying the powers delegated. Such delegation shall terminate as provided in the written
notice, or upon the earlier to occur of the delivery by the delegating Trustee to the other Co -
Trustees of written notice of termination and the expiration of six (6) months from the date of
the delegation (unless a Settlor is the delegating Trustee). The delegating Trustee shall incur no
liability to any Beneficiary regarding the administration of such trust with respect to the exercise
of the powers delegated during the delegation period. Any third party, including any bank,
savings and loan, title insurer, stock or bond broker or transfer agent may rely upon such
delegation and shall incur no liability for any action taken in reliance on such delegation in the
absence of actual knowledge of its revocation or modification. An Independent Trustee may
delegate the powers described in PARAGRAPH 2.6 Actions By Independent Trustee only to
another Independent Trustee.
2.9 Conflicts Of Interest.
No Trustee named herein shall be disqualified by reason of owning an interest in
real or personal property, or in a corporation or other business venture, or by reason of being
an officer, director or employee of any corporation or other business venture, ark interest in
which is also a part of the trust estate.
2.10 Removal Of Corporate Trustee.
A majority in percentage interest of all Income Beneficiaries of any trust
established hereunder may remove any Corporate Trustee thereof for reasonable cause and
substitute in lieu thereof a new Corporate Trustee. When the removed Corporate Trustee has
received written notice of its removal and has been notified in writing by its successor of the
latter's acceptance, the removed Corporate Trustee shall surrender all books, records and assets
in its possession comprising all or a portion of the trust estate or relating thereto. However, such
removed Corporate Trustee shall not be relieved of liability until its successor has qualified and
such Trustee's accounting has been settled. As used in this Paragraph, the term "reasonable
cause" includes, but is not limited to: (i) inability of the Corporate Trustee and the Beneficiaries
to agree upon reasonable compensation for the Corporate Trustee ii unreasonably poor
investment performance; P ( )
wherein thCorporate Trustee h s licensed of
conduct nbusi esseaBea Beneficiaries
ate Trustee;om the stave
unreasonable inattention to the reasonable needs of the Beneficiaries; (v) unreasonable lack of
communication between the Trustee and the Beneficiaries; (vi) unreasonably inaccurate or
unclear transaction statements or statements of account; (vii) unreasonable conflicts between the
Corporate Trustee and the Beneficiaries; (viii) merger, acquisition or a deteriorating financial
Page 5 of 57
901d 69:O1 LGGT-SZ-Wf
condition of the Corporate Trustee; or (ix) unreasonably high turnover of account officers
assigned to any trust hereunder.
For purposes of this PARAGRAPH 2.10, if: (i) such trust is being administered
pursuant to terms substantially identical to those of other trusts or trust shares hereunder or
otherwise established by the Settlors; (ii) some or all of such trusts or trust shares are adminis-
tered by the same Corporate Trustee; and (iii) removing such Corporate Trustee from one such
trust or trust share would cause an increase in the Trustee's fees or other expenses of all such
trusts or trust shares administered by such Corporate Trustee; then such Corporate Trustee may
be removed only by a majority in percentage interest of all Income Beneficiaries of all such trusts
or trust shares administered by such Corporate Trustee.
2.11 Power to Act Independently.
Any Settlor serving as Co -Trustee shall have the authority to perform all powers
and acts as granted under this instrument independently of any other Co -Trustee, except for (i)
those powers and acts specifically requiring majority or unanimous action; (ii) those powers and
acts specifically requiring the concurrence or consent of an Independent Trustee, Special Trustee
or adverse Beneficiary; and (iii) those powers and acts which affect an interest in real property,
stock in a closely -held corporation, a partnership interest, or an interest in a limited liability
company. Such powers and acts which affect an interest in real property will necessitate the
concurrence of a majority of all Co -Trustees, and may include (but are not limited to) the
authority to sell, transfer, assign, mortgage, hypothecate or otherwise encumber an interest in
real property. Except as otherwise provided in this Paragraph, no Co -Trustee is authorized to
perform any power or act granted under this instrument independently of any other Co -Trustee.
2.12 Deadlock.
If, after consultation with each other, Co -Trustees are unable to reach agreement
regarding any matter hereunder, such matter shall be decided by:
2.12.a The Co -Trustee who is a Settlor if one Co -Trustee is a Settlor and one or
more other Co -Trustees are not;
2.12b The Co -Trustee who is an Independent Fiduciary (as defined in
PARAGRAPH 12.15 Independent Fiduciary) if one Co -Trustee is an
Independent Fiduciary and one or more other Co -Trustees are not; or
2.12c By an additional Independent Trustee to be appointed consistent with the
provisions of PARAGRAPH 2.6, Actions By Independent Trustee.
Once a matter has been decided, all Co -Trustees shall cooperate and execute any
necessary documentation to implement such decision, and shall not be liable or responsible for
the consequences of such decision.
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2.13 Trus• Compensation. •
A Corporate Trustee may pay itself compensation on a periodic basis in
accordance with such Corporate Trustee's published fee schedule in effect from time to time. A
Corporate Trustee serving in connection with more than one trust hereunder or otherwise
established by one or both Settlors shall calculate such fees for so serving based on the aggregate
value of assets held in all such trusts, and shall make a reasonable allocation of such fees among
such trusts.
Individual Trustees of any trust hereunder, except fer there TFustees whe are
f hh
Degeendents of ` may pay themselves reasonable compensation from the trust estate 4']f of such trust from time to time without prior court order. The compensation payable to such
Trustee(s) of a trust hereunder during any calendar year shall not exceed that portion of the
Maximum Compensation set forth below allocable to such trust using a fraction the denominator
of which is the aggregate amount of trust corpus taken into consideration in determining the
Maximum Compensation (set forth below), and the numerator of which is the amount of trust
corpus of such trust which was included in such aggregate trust corpus in determining the
Maximum Compensation. Maximum Compensation for any calendar year shall be the following
amount, calculated based on the aggregate amount of trust corpus existing at the beginning of
such calendar year for all trusts hereunder and all trusts otherwise established by one or both
Settlors during life or at death:
One Percent 0%) of trust corpus up to $500,000; plus
One-half of one percent (0.50%) of trust corpus from $500,001 to $1,000,000; plus
One -quarter of one percent (0,25%) of trust corpus from $1,000,001 to $2,000,000, plus
One -tenth of one percent (0.10%) of trust corpus in excess of $2,000,000.
Trustee fees in excess of the amounts authorized under this Paragraph may be awarded
in connection with a trust hereunder only upon the advance, written consent of all of the Income
Beneficiaries of such trust, or as awarded by a court of competent jurisdiction.
2.14 Waiver of Bond.
No Trustee shall be required to post bond or security, regardless of the Trustee's
state of residence. Any Individual Trustee of any trust hereunder, in his or her sole discretion,
is authorized to obtain at such trust's expense, a surety bond from a commercial insurance
carrier securing the individual's performance as Trustee.
2.15 Exculpatory Clause.
No Trustee, without actual notice of any death, birth or other event upon which
the right to payments under this instrument depends, shall be liable for disbursements made in
good faith. With respect to any other act, omission, or default, no Trustee shall be liable to any
person or entity unless such act, omission, or default results directly from such Trustee's bad
faith, willful misconduct, or gross negligence. No Trustee or Successor Trustee shall be liable or
responsible for the acts, omissions or defaults of a Co -Trustee or predecessor Trustee, as the case
may be, provided that he or she does not have actual knowledge of facts which might reasonab-
ly be expected to put him or her on notice of such acts, omissions or defaults. Urdess requested
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in writing by a Beneficiary or his or her duly appointed representative within ninety (90) days
of his or her appointment, no Successor Trustee shall be required to investigate the actions of
his or her predecessor Trustee and may accept the accounting records of his or her predecessor
Trustee without liability to any person. If requested to investigate any action of the predecessor
Trustee, all Trustee's fees, attorneys' fees, accounting fees and other fees and costs so incurred
shall be paid by and charged against the trust estate, subject to any right of reimbursement or
contribution from the predecessor Trustee.
2.16 Discretionary Power.
Any election by a Trustee made in good faith in the exercise of a discretionary
power conferred upon such Trustee shall be final and binding upon all persons and entities
whomsoever and shall be a full acquittance and discharge of the Trustee, and the Trustee shall
not be liable to any person or entity by reason of such Trustee's exercise of such discretionary
power.
2.17 Defense Costs.
Each trust hereunder shall bear the full expense of all defense costs, court fees and
related expenses in connection with defending a Trustee of such trust in any action against the
Trustee except for those actions in which the Trustee is found to have committed bad faith,
willful misconduct, or gross negligence, in which case the Trustee shall bear all such costs.
END OF ARTICLE
ARTICLE 3
REVOCATION AND AMENDMENT
3.1 Revocation During Settlors' Lives.
While both Settlors are living, either or both Settlors may revoke from any trust
hereunder community or quasi -community assets held therein in whole or in part by a written
document delivered to the Trustee of such trust that such Trustee may require to be acknowl-
edged. Additionally, either Settlor may revoke from any trust hereunder, without the consent
of the other, property held therein which is such Settlor's separate property by a written
document delivered to the Trustee of such trust that such Trustee may require to.be acknowl-
edged. On revocation, such Trustee shall promptly deliver to both Settlors or their designee(s)
the revoked portion of such trust estate in accordance with the terms of PARAGRAPH 4.6 Nature
of Property. The Trustee shall also provide an accounting of the Trustee's acts for the period
since the preceding accounting. If either or both Settlors revoke anv trust hereunder with respect
to all or a major portion of the trust estate, then the Trustee may retain sufficient assets
reasonable to secure payment of liabilities lawfully incurred by the Trustee in the administration
of such trust, unless the revoking Settlors) indemnifies the Trustee against losses or expenses.
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3.2 Amendment During Settlors' Lives.
The Settlors acting together may at an%- time while both Settlors are living amend
the terms of this instrument as it may apply to any trust hereunder by a written document
delivered to the Trustee of such trust that such Trustee may require to be acknowledged. No
amendment shall substantially increase a Trustee's duties or liabilities, or substantially decrease
a Trustee's compensation, without such Trustee's consent. If the Settlors remove a Trustee, the
Settlors shall pay to such Trustee any sums due and shall indemnify such Trustee against
liabilities lawfully incurred by the Trustee in the administration of any trust hereunder.
3.3 Revocation By Surviving Settlor.
After the first Settlor's death, the Surviving Settlor may revoke the RAMSEY FAMILY
SURVIVOR'S TRUST in whole or in part by a written document delivered to the Trustee of such
trust that the Trustee may require to be acknowledged. Upon revocation, the Trustee shall
promptly deliver to the Surviving Settlor, or to such Settlor's designee, the revoked portion of
the trust estate. The Trustee shall also provide an accounting of the Trustee's acts for the period
since the preceding accounting. If the Surviving Settlor revokes such trust with respect to all or
a major portion of the trust estate, then the Trustee may retain sufficient assets reasonable to
secure payment of liabilities lawfully incurred by the Trustee in the administration of such trust,
unless the Surviving Settlor indemnifies the Trustee against losses or expenses.
3.4 Amendment by Surviving Settlor.
The Surviving Settlor may at any time during such Settlor's life amend the terms
of this instrument as it may apply to the RAMSEY FAMILY SURVIVOR'S TRUST by a written
document delivered to the Trustee of such trust that such Trustee may require to be acknowl-
edged. No amendment shall substantially increase a Trustee's duties or liabilities, or substantially
decrease a Trustee's compensation, without such Trustee's consent. If the Surviving Settlor
removes a Trustee, such Settlor shall pay to such Trustee any sums due and shall indemnify
such Trustee against liabilities lawfully incurred by the Trustee in the administration of such
trust.
3.5 Permanent Trusts.
Except as otherwise provided in this Article, all trusts hereunder are irrevocable
and may not be altered or amended.
3.6 Gifts by Settlors.
While both Settlors are living, if a Settlor directs the Trustee to make a distribution
from the trust estate to any person other than an Income Beneficiary of the RAMSEY FAMILY
REVOCABLE TRUST as set forth in PARAGRAPH 5.2, or if after the death of a Predeceased Settlor,
the Surviving Settlor directs the Trustee to make a distribution from the trust estate to any
person other than an Income Beneficiary of the RAMSEY FAMILY SURVIVOR'S TRUST as set forth
in PARAGRAPH 7.2, such distribution shall be conclusively deemed to be a distribution to such
Settlor(s) directing such distribution pursuant to the power to withdraw set forth in either
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PARAGRAPH 5.3 or PARAGRAPH 7.3, as the case may be, followed by a gift of such property by
such Settlor(s) to such person who is not a trust Beneficiary.
END OF ARTICLE
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Exempt and not from property which is Exempt unless the Non -Exempt property is
insufficient. The preceding sentence shall not apply to the extent that charging and paying
such taxes as provided in such sentence increases the inclusion ratio of any Exempt Trust
hereunder.
13.6c General Rule.
The liability for and burden of Death Taxes attributable to property held
in any trust hereunder shall be apportioned in accordance with federal and California law
except as expressly provided in this instrument or as expressly provided by the holder
of a power of appointment granted hereunder making specific reference to the power,
and except that inheritance taxes (including interest and penalties thereon) shall be bome
by the property or persons upon which or upon whom the tax is specifically imposed.
13.7 Payment and Allocation of GST Tax.
Any GST Tax attributable to a Direct Skip of property held in trust hereunder
occasioned by the Predeceased Settlor's death and with respect to which such Settlor is the
transferor shall be paid by the Trustee from the Bypass Share and not from such Direct Skip
property. Any GST Tax attributable to a Direct Skip of property held intrust hereunder occasioned
by the Surviving Settlor's death and with respect to which such Settlor is the transferor shall be
paid by the Trustee from the Survivor's Share and not from such Direct Skip property. Any GST
Tax attributable to other Direct Skips shall be charged against and paid from the property
constituting the Direct Skip transfer as provided in I.R.C. §§2603(a)(3) and 2603(b). All generation
skipping taxes attributable to a taxable distribution occurring with respect to any trust established
hereunder shall be paid by the transferee thereof as provided in I.R.C. §2603(a)(1) and 2603(b),
and all generation skipping taxes attributable to a taxable termination occurring with respect to
any trust established hereunder shall be paid by the Trustee and charged against the property
constituting the transfer as provided in I.R.C. §§2603(a)(2) and 2603(b).
END OF ARTICLE
ARTICLE 14
TRUSTEE POWERS
14.1 Introduction.
The Trustee of each trust hereunder shall have all powers conferred by law (now
or later) and, in addition, all powers set forth in this instrument including, but not limited to,
the powers set forth in this Article.
14.2 Employment of Professional Advisors.
The Trustee is authorized to employ, compensate and grant discretionary authority
to agents, managers, attorneys, accountants, brokers, investment counselors and others, even if
they are associated with a Trustee. The Trustee shall be entitled to rely on information, opinions,
reports or statements, including financial statements and other financial data, prepared by such
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persons as to matters which the Trustee reasonably believes to be within such person's
professional or expert competence and shall not be liable for losses resulting therefrom.
14.3 Settlor's Advisors.
Pursuant to the Trustee's authority to employ consultants under PARAGRAPH 14.2
Employment of Professional Advisors, the Settlors specifically request and encourage the Trustee
to retain the Settlors' financial and legal advisors, including STEVEN E. TRYITEN, A PROFESSIONAL.
LAW CORPORATION.
14.4 Trustee Self -Dealing.
The Trustee shall have the power to lend or advance the Trustee's own funds to
the trust for any trust purpose, with interest at current rates, to receive security for such loans
in the form of a mortgage, pledge, deed of trust, or other encumbrance of any assets of the trust,
to purchase or exchange assets of the trust at their fair market value as determined by an
independent appraiser, to sell property to the trust at a price not in excess of its fair market value
as determined by an independent appraiser, and to lease assets to or from the trust for fair rental
value as determined by an independent appraiser.
14.5 Apparent Conflicts of Interest.
The Trustee may freely conduct financial transactions with the Executor of the estate
of a Settlor or a Beneficiary, or with the trustee of a trust established by a Settler or a Beneficiary,
notwithstanding each office being held by the same individual or Corporate Fiduciary and
apparent conflicts of interest. Such financial transactions may include, but are not limited to, the
purchase or sale of assets and the making of secured or unsecured loans.
14.6 Investment Under Prudent -Person Rule.
The Trustee shall have full power to invest and reinvest the trust funds in the
manner that, under the circumstances then prevailing (specifically including but not limited to
the general economic conditions and the anticipated needs of the trust and its Beneficiaries),
persons of skill, prudence, and diligence acting in a similar capacity and familiar with those
matters would use in the conduct of an enterprise of a similar character to attain the goals of the
Settlors under this instrument without being restricted to forms of investment that the Trustee
may otherwise be permitted to make by law: (i) to invest and reinvest all or any part of the trust
estate in any common or preferred stocks, shares of investment trusts and investment companies,
bonds, debentures, mortgages, deeds of trust, mortgage participations, notes, real estate, options,
precious metals, commodities, annuities or life insurance (except on the life of the Beneficiary
of a marital deduction trust), or other property the Trustee, in the Trustee's discretion, selects;
to engage in speculative option transactions such as "short" sales, puts, calls, commodities futures,
spreads, straddles and all manner of index andcurrency options; to maintain and operate margin
and commodity accounts with brokers, and in connection therewith to borrow money and to
pledge any and all investments as security; to continue to hold in the form in which received
(or the form to which changed by reorganization, split-up, stock dividend, or other like occurrence)
any securities or other property the Trustee may at any time acquire under this trust; and to
consider individual investments as part of an overall investment strategy; (ii) to invest in any
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common trust fund administered by the Trustee; (iii) to invest in market funds and index funds;
and (iv) to invest through discretionary independent advisor accounts.
14.7 Operate A Business.
The Trustee shall have the power to hold and operate a business or an interest in
a business at the risk of the trust estate and not at the risk of the Trustee, and to incorporate or
dissolve such business or to operate it as a partnership, limited or general, or in any other form;
to exercise all voting and management rights attendant to owning an interest in such a business,
including the right to vote securities, give proxies, and pay assessments; to participate in voting
trusts, pooling arrangements, foreclosures, reorganizations, consolidations, mergers and liquida-
tions; to deposit securities with and transfer title to any protective or other committee; and to
exercise or sell stock subscription or conversion rights.
14.8 Manage And Control Property.
The Trustee shall have the power to manage, control, lease for terms within or
beyond the duration of a trust created hereunder, grant options with respect to, partition, divide,
improve, insure and repair any kind of property, real or personal.
14.9 Power To Deal With Insurance.
The Trustee shall have the power to be a beneficiary of and to acquire and maintain
life, health and accident insurance on any person and to exercise all options, benefits, rights and
privileges of an owner thereof, including the right to borrow against and to pledge such insurance,
to surrender it for its cash value, to name and change beneficiaries and to select and change
settlement options, for the exclusive benefit of the trust estate.
(i) The Trustee may but is not obligated to pay premiums for such life
insurance or cause them to be paid by others and shall incur no liability if such premiums
are not paid. The Trustee may apply the cash value of such insurance to the purchase of
paid -up insurance, borrow against such insurance for the payment of premiums, use other
assets of the trust to pay such premiums or surrender such insurance.
(if) The Trustee may maintain, defend, compromise, arbitrate or settle any suit
or claim with respect to such insurance.
(iii) Insurers shall have no obligation to inquire into the terms of this instrument
or see to the application of the proceeds of any policy, and may rely without liability on
a receipt, release or other instrument executed by the Trustee.
(fv) If the trust estate includes insurance on the life of a Trustee, all other
Trustees, or if there are none, the next Successor Trustee, shall exercise all incidents of
ownership with respect to such insurance.
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14.10 Qualified Subchapter S Trust,
The Settlors intend that the ownership of S Corporation stock by any trust
hereunder shall not jeopardize the corporation's status as an S Corporation. If any trust hereunder
holds stock in a corporation for which an election is in effect under I.R.C. §1362(a) (referred to
herein as an "S Corporation'), and if the ownership of such stock by such trust will cause such
S Corporation to fail to qualify as a "small business corporation" under I.R.C. §1361(b)(1), then
the following provisions shall apply to such trust and such stock, notwithstanding any other
provision of this instrument to the contrary (except that the provisions of this Paragraph shall
be ineffective to the extent they might impair such trust's ability to qualify for the marital
deduction from gift or estate tax):
14.10a All of the income of such irrevocable trust shall be distributed at
least quarterly to one individual who is a citizen or resident of the United States. If the
individual is a minor, distribution shall be made to the minor's natural guardian as
Custodian under the California Uniform Transfers to Minors Act.
14.1 Ob There shall be only one Income Beneficiary of such irrevocable trust.
14.1 Oc No distribution of principal of such irrevocable trust may be made
to anyone other than such Income Beneficiary during such Income Beneficiary's lifetime.
14.10d Such Income Beneficiary's income interest shall end on the earlier
of his or her death or the irrevocable trust's termination by its terms.
14.10e If the irrevocable trust ends during such Income Beneficiary's
lifetime, the Trustee shall distribute all of the irrevocable trust's assets to such Income
Beneficiary, outright.
14.1 Of If the irrevocable trust has one Income Beneficiary but contains both
S Corporation stock and other assets, the Trustee shall divide the irrevocable trust into
two trusts, one such trust funded with the S Corporation stock and the other such trust
funded with the other assets. Each trust shall constitute a separate and independent trust.
The trust funded with the S Corporation stock shall be administered in accordance with
SUBPARAGRAPHS 14.10a through 14.10e above and the other trust shall be administered
in accordance with its terms.
14.10g If the irrevocable trust has more than one Income Beneficiary, the
Trustee shall divide the S Corporation stock into as many equal shares as there are Income
Beneficiaries of the irrevocable trust. Each share shall constitute a separate and indepen-
dent trust and shall be administered for one such Income Beneficiary in accordance with
PARAGRAPHS 14.I0a through 14.10e above. The other assets of the irrevocable trust, if any,
shall be administered in accordance with its terms,
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14.11 Environmental hazards And Compliance With Environmental Laws.
14.11a Trustee Authorized To Inspect Property Prior To Acceptance.
(i) Prior to acceptance of this trust by any proposed trustee, (and
prior to acceptance of any asset by any such proposed, nominated or acting Trustee), such
Trustee or proposed or nonunated trustee shall have the right to take the following actions
at the expense of the trust estate:
(A) To enter and inspect any existing or proposed asset
of the trust (or of any partnership or corporation in which the trust holds an
interest) for the purpose of determining the existence, location, nature, and
magnitude of any past or present release or threatened release of any hazardous
substance; and
(B) To review records of the currently acting Trustee or
of the Settlors (or of any partnership or corporation in which the trust holds an
interest) for the purpose of determining compliance with environmental laws and
regulations, including those records relating to permits, licenses, notices, reporting
requirements, and governmental monitoring of hazardous waste.
(ii) The right of the proposed or designated Trustee to enter and
inspect assets and records of a partnership or corporation under tlus provision is
equivalent to the right under state law of a partner or shareholder to inspect assets and
records under similar circumstances.
(iii) Acts performed by the proposed or designated Trustee under
this provision shall not constitute acceptance of the trust.
(iv) If an asset of the trust is discovered upon environmental audit
by any proposed or designated Trustee to be contaminated with hazardous waste or
otherwise not in compliance with environmental law or regulation, the Trustee may decline
to act as Trustee solely as to such asset, and accept the Trusteeship as to all other assets
of the trust. The court shall appoint a receiver or special Trustee to hold and manage the
rejected asset, pending its final disposition.
(v) Any currently acting Trustee shall'have the right to reject
any asset proposed to be transferred to the Trustee.
14.11b Termination, Bifurcation Or Modification Of Trust Due To
Environmental Liability.
(i) If the trust estate holds one or more assets, the nature,
condition, or operation of which is an actual or threatened violation of any federal, state
or local environmental law or regulation, the Trustee may take one or more of the
following actions, if the Trustee, in the Trustee's discretion, determines that such action
is in the best interests of the trust and its Beneficiaries:
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(A) Modification of trust provisions, granting the Trustee
such additional powers as are required to protect the trust and its Beneficiaries
from liability or damage relating to actual or threatened violation of any federal,
state or local environmental law or regulation;
(B) Bifurcation of the trust,
(C) Appointment of a special trustee to administer any
trust property or business which fails to comply with federal, state or local
environmental law and regulation; or
(D) Abandonment of such property or business.
(ii) With court approval, the Trustee may terminate the trust or
partially or totally distribute the trust estate to Beneficiaries.
(iii) It is the intent of the Settlors that the Trustee shall have the
widest discretion in identification of and response to administration problems connected
to potential environmental law liability to the trust estate and the Trustee, in order to
protect the interests of the trust, the Trustee and the Beneficiaries of the trust.
14.11c Trustee's Powers Relating To Environmental Laws.
The Trustee shall have the power to take, on behalf of the trust, any
action necessary to prevent, abate, or otherwise remedy any actual or threatened violation of any
federal, state or local environmental law or regulation, relating to any asset, which is or has been
held by the Trustee as part of the trust estate.
14.11d Indemnification Of Trustee From Trust Assets.
(i) The Trustee shall be entitled to be indemnified and
reimbursed from the trust estate for any liabilities, loss, damages, penalties, costs or
expenses arising out of or relating to federal, state or local environmental laws or
regulations (hereinafter "environmental expenses").
Environmental expenses shall include, but not be limited to:
(A) Costs of investigation, removal, remediation, response,
or other cleanup costs of contamination by hazardous substances, as defined under
any environmental law or regulation;
(B) Legal fees and costs arising from any judicial,
investigative or administrative proceeding relating to any environmental law or
regulation;
(C) Civil or criminal fees, fines or penalties, incurred
under any environmental law or regulation; and
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(D) Fees and costs payable to environmental consultants,
engineers, or other experts, including legal counsel, relating to any environmental
law or regulation.
(iii) This right to indemnification or reimbursement shall extend
to environmental expenses relating to:
(A) Any real property or business enterprise, which is
or has been at any time owned or operated by the Trustee as part of the trust
estate; and
(B) Any real property or business enterprise, which is
or has been at any time owned or operated by a corporation or partnership, in
which the Trustee holds or has held at any time an ownership or management
interest as part of the trust estate.
(iv) The Trustee shall have the right to be reimbursed for incurred
environmental expenses without the prior requirement of expenditure of the Trustee's
own funds in payment of such environmental expenses, and the right to pay environmen-
tal expenses directly from trust assets.
(v) The Trustee shall have a primary lien against assets of the
trust estate for reimbursement of environmental expenses, which are not paid directly from
trust assets.
(vi) This right of indemnification or reimbursement shall apply
to all environmental expenses, except those resulting in any way from the Trustee's
intentional wrongdoing, bad faith or reckless disregard of fiduciary obligation.
14.11e Indemnification Of Trustee By Settlor.
(i) The Trustee shall be entitled to be indemnified and reimbursed
by a Settlor for any "environmental expenses" (as defined in SUBPARAGRAPH 14.11d), but
only to the extent the trust estate is insufficient, and only to the extent that such
environmental expenses arise from an actual or alleged violation of environmental law
which relates to an asset transferred to the trust estate by such Settlor and which occurred
prior to such transfer by such Settlor. Further, the Trustee shall have no right of
indemnification or reimbursement in connection with "environmental expenses" resulting
in any way from the Trustee's intentional wrongdoing, bad faith or reckless disregard of
fiduciary obligation.
(ii) Within thirty (30) days of receipt of the Trustee's written
request for indemnification under this Subparagraph, such Settlor shall transfer to the trust
estate sufficient liquid assets to comply with such request for indemnification or reimburse-
ment.
(iii) Upon the death of such Settlor prior to the transfer to the
trust estate of such liquid assets as were requested in writing by the Trustee pursuant to
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this Subparagraph, the obligation of such Settlor to transfer liquid assets to the trust estate
shall constitute a lien upon the property of such Settlor and such Settlor's estate, as the
case may be, and a legally enforceable debt of such Settlor.
14.11f Exoneration Of Trustee For Acts Relating To Environmental Law.
The Trustee shall not be liable to any Beneficiary of the trust estate
or to any third party for any good faith action or inaction relating to any environmental
law or regulation, or for the payment of any environmental expense (as defined herein);
provided, however, that the Trustee shall be liable for any such action, inaction or payment
which is a breach of trust and is committed in bad faith, or with reckless or intentional
disregard of the Trustee's fiduciary obligations hereunder.
14.11g Allocation Of Environmental Expenses And Receipts Between
Income And Principal.
W The Trustee may, in the Trustee's discretion, allocate between
income and principal of the trust estate the following:
(A) Environmental expenses (as defined above); and
(B) Reimbursements or other funds received from third
parties relating to environmental expenses.
(ii) In making such allocation, the Trustee shall consider the effect
of such allocation upon income available for distribution, the value of trust principal, and
income tax treatment of such expenses and receipts.
(iii) The Trustee may, in the Trustee's discretion, create a reserve
for payment of anticipated environmental expenses.
14.12 Abandonment of Property.
The Trustee is authorized to abandon any property or interest in property belonging
to the trust when, in the Trustee's discretion, the abandonment is in the best interest of the trust
and its Beneficiaries.
14.13 Unproductive Property.
Except when specifically restricted, the Trustee shall have the power to retain,
purchase, or otherwise acquire unproductive property.
14,14 Sell, Exchange, Repair.
The Trustee shall have the power to manage, control, grant options on, sell (for
cash or on deferred payments with or without security), convey, exchange, partition, divide,
improve, and repair trust property.
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14.15 Lease.
The Trustee shall have the power to lease trust property for terms within or beyond
the terms of the trust and for any purpose, including exploration for and removal of gas, oil, and
other rrunerals and to enter into community oil leases, pooling, and utilization agreements.
14.16 Exercise Stock Options.
The Trustee shall have the power to purchase stock pursuant to stock options using
either cash, stock, or anv other form of consideration acceptable to the option issuer; to make or
not make income tax elections under I.R.C. §83(b); and to take any other action necessary to obtain
the maximum benefit from such stock options. The Trustee shall take any additional steps as the
Trustee shall deem appropriate to protect against claims or liabilities which might arise under
the securities laws both state and federal, including but not limited to §16(b) of the 1934 Securities
and Exchange Act and Securities Exchange Commission Rule 10b-5.
14.17 Securities.
The Trustee shall have all the rights, powers, and privileges of an owner of the
securities held in trust, including (but not limited to) the power to vote, give proxies, and pay
assessments; to participate in voting trusts and pooling agreements (whether or not extending
beyond the term of the trust); to enter into shareholders' agreements; to consent to foreclosure,
reorganizations, consolidations, mergers, liquidations, sales and leases, and, incident to any such
action, to deposit securities with and transfer title to any protective or other committee on such
terms as the Trustee may deem advisable; and to exercise or sell stock subscription or conversion
rights.
14.18 Nominee's Name.
The Trustee shall have the power to hold securities or other property in the
Trustee's name as Trustee under this trust, or in the Trustee's own name, or in the name of a
nominee, or the Trustee may hold securities unregistered in such condition that ownership will
pass by delivery.
14.19 Property and Liability Insurance.
The Trustee shall have the power to carry, at the expense of the trust, insurance
of such kinds and in such amounts as the Trustee deems advisable to protect the trust estate
against any damage or loss and to protect the Trustee against liability with respect to third parties.
14.20 Borrow - General.
The Trustee shall have the power to borrow money and to encumber or hypothecate
trust property by mortgage, deed of trust, pledge, or by otherwise securing the indebtedness of
the trust or the joint indebtedness of the trust and a co-owner of trust property.
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14.21 Loan.
The Trustee shall have the power to lend money from the trust estate to any person,
including a trust Beneficiary or the estate of a trust Beneficiary, at prevailing interest rates and
with or without security as the Trustee deems advisable.
14.22 Initiate and Defend Litigation and Compromise.
The Trustee shall have the power to initiate or defend, at the expense of the trust,
any litigation relating to the trust or any property of the trust estate the Trustee considers
advisable, and to compromise or otherwise adjust any claims or litigation against or in favor of
the trust. The Trustee's powers under this Paragraph shall apply during the term of the trust and
after distribution of trust assets. The Trustee shall have no obligations or duties, however, for
any litigation or claims occurring after distribution of trust assets, unless the Trustee is adequately
indemnified by the distributees for any loss connected with these matters.
14.23 Purchase Bonds at Premium.
The Trustee shall have the power to purchase bonds and to pay any premiums
connected with the purchase that the Trustee in the Trustee's discretion considers advisable.
14.24 Purchase Bonds at Discount.
The Trustee shall have the power to purchase bonds at such discount as the Trustee,
in the Trustee's discretion, considers advisable.
14.25 Treasury Bonds - Special Tax Redemptions.
The Trustee shall have the power to purchase at less than par obligations of the
United States of America that are redeemable at par in payment of any federal estate tax liability
of a Settlor in such amounts as the Trustee deems advisable and borrow funds and give security
for such purchase. The Trustee may use such obligations to assist a Settlor's Executor in paying
estate taxes on such Settlor's taxable estate consistent with the provisions of PARAGRAPH 14.5
Apparent Conflicts of Interest. The Trustee shall not be liable to a Settlor, any heir, or any
Beneficiary of this trust for losses resulting from purchases made in good faith.
14.26 Public Assistance Benefits.
Public assistance benefits of any Beneficiary of any trust established by this
instrument which are received by the Trustee shall not be commingled with other trust assets.
Nothing in this provision shall be construed to require the addition to the trust estate of public
assistance benefits received by, or on behalf of, any Beneficiary herein.
END OF ARTICLE
Page 46 of 57
T?'d
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0
16.16 Headings, Fonts, Gender.
Clause headings and print fonts are for reading convenience and shall be
disregarded when construing this instrument. The masculine, feminine, or neuter gender and
the singular or plural shall each include the others whenever the context indicates.
16.17 Inapplicability of Non -Probate Transfer Legislation,
The Settlors intend that the terms of this instrument shall be carried out as written,
and the provisions of Articles 2 and 3 of Part i of Division 5 of the California Probate Code
(dealing with consent to non -probate transfers) shall have no application to any trust hereunder.
END OF ARnCLE
We hereby execute this Declaration of Trust at +ciz , California, on
L-17-4S`
10
PAUL A. RAMSEY - Trustee
FLORENCE PATRICIA RAMSEY - Trustee
We certify that we have read this Declaration of Trust and that it correctly states the terms
and conditions under which the trust estate is to be held, managed, and disposed of by the
Trustees. We approve this Declaration of Trust in all particulars and request that the
Trustees execute it.
� °
cc_t�<<
PAUL A. RAMSEY - Settlor
FLORENCE PA2RICIA RAMSEY - Settlor QL
Page 56 of 57
EE'd
ET : TT LEE,T-3E-1,1Uf
£Z ,41 1ldioi
• 6
This instrument has been approved by the Settlors' attorney.
Dated: I-1? •9j
STEVEN E. TRYTTEN
A PROFESSIONAL LAW FQRPORATION
By
STEVEN E. TR
STATE OF CALIFORNIA
COUNTY OF Los
On 72!• l? Mql before me, a notary public in and for said county and
state, personally appeared PAUL A. RAMSEY, personally known to me (e� pieced {
to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capacities, and that by his signatures on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
vwi 6��,�Zz
STATE OF CALIFORNIA
• '•• USA MARIE FALCON
CoOWA P
Nonry Pud70.CaV10rNa
IOSANGELESCOUNTY
�' °°mm• aplrR FE8 13.iCG6
COUNTY OF r,Ck2
On `:0. 1 • In OS j before me, a notary public in and for said county and
state, personally appeared FLORENCE PATRICIA RAMSEY, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that she executed the same in her authorized
capacities, and that by her signatures on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Page 57 of 57
------------
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DAT*- + TIME + +
✓ 1
FOR
WHILE YOU WERE OUT X
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OF /
PHONE,N I I f+ j t 1 X
TELEPHONED
PLEASE CALL
RETURNED YOUR CALL
WILL CALL AGAIN
CAME IN TO EE YOU
URGENT
e
BY
rk,. SAY t Pc) bl
(ecise Q ece �-
TO:
DATE
❑ MAYOR
❑ COUNCIL
❑ CITY MANAGER
❑ DEPUTY CITY MGR.
❑ ATWRNEY
❑ BUILDING
❑ BUSINESS LIC.
CITY CLERK
DATA PROCESSING
❑ DUPLICATING
❑ FINANCE
❑ FIRE
❑ GENERALSERVICES
❑ LIBRARY
❑ MARINE
❑ PARKS & REC.
❑ PAYROLL
❑ PERSONNEL
❑ PLANNING
POLICE
PUBLIC WORKS
❑ PURCHASING
❑ TTtAFFIC
❑ UTILITIES
❑ TELECOMM.
FOR: FACT ON & DISPOSITION
❑ INFORMATION
❑ REVIEW & COMMENT
❑ RETURN
REWARS:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
MAY 3, 1994
TO: FINANCE DEPARTMENT
FROM: ASSISTANT CITY MANAGER
SUBJECT: SALE OF 3 BEACON BAY (THE HOWARDS)
Subject property (3 Beacon Bay) was sold on April 27, 1994.
The new owners are Paul A. Ramsey and Florence Patricia Ramsey and the
new monthly rental is $2,020.84.
As of this date please bill the new owners at 3 Beacon Bay, Newport Beach.
Thanks,
Marion/for Kenneth J. Delino
Zfel
E
0
Linda A. Bystedt
Escrow Officer
Coldwell Banker
2121 E. Coast Highway, #120-B
Corona del Mar, CA 92625
CITY OF NEWPORT BEACH
Office of City Manager
(714) 644-3002
April 27, 1994
Subject: Escrow No. 5-8227-L
3 Beacon Bay, Newport Beach, CA 92660
Dear Linda:
Per your telephone request this date, please add the following legal description
to the Termination of Lease and Memorandum of Lease for subject property:
Westerly 45 feet of Lot 3 and the Easterly 10 feet of Lot 2, as shown upon
a Record of Survey Map recorded in Book 9, pages 42 and 43, Record of
Surveys on file in the Office of the County Recorder, Orange County,
California, together with certain portions of adjoining Lots I and H as
shown upon said Map and as described more fully in Lease.
Sincerely,
Marion Brockman
Secretary to Kenneth J. Delino
Assistant City Manager
City Hall 0 3300 Newport Boulevard 0 P.O. Box 1768 0 Newport Beach, California 92659-1768
APR 25 194 9:47 F* COLDWELL HANKER ESCRO PAGE.001
. ' 2121 E. Coast Hwy.,#120-B �/ 1
Corona Del Mar, CA 92625
9390
FAX: � 644-2825 C�
e�ceowu /
FACSIMILE TRANSMITTAL COVER SHEET
DATE: April 25, 1994
TO: MS. MARION BROCKMAN
FAX NUMBER: e44-3o2o
FROM: LINDA
RE: 5-s227-L
Py
MESSAGE: RE: a Beacon Bay, Newport Beach, CA
AMENDMENT DATED 4/25/94 RE: REDUCTION OF SALES PRICE, THE BUYER IS RAMSEY,
WAIVING COMMISSION FOR A REDUCED SALES PRICE. PLEASE RE -ISSUE THE FRONT I
^^ftMe^�M IMIMUVn1•. w1uAllWt 12AIMOn AM THO NOW Al
YOUR PROMPT ATTENTION WOULD BE GREATLY APPRECIATED III
PLEASE FAX TO (714) 644.2825
( ) FOR YOUR INFORMATION (X) REPLY REQUESTED
( ) CALL IMMEDIATELY TO CONFIRM RECEIPT ( ) ORIGINAL TO FOLLOW IN MAIL
IS
NUMBER OF PAGES INCLUDING COVER SHEET: 2
L
�EwvoRT
CITY OF NEWPORT BEACH
d+�
= NEWPORT BEACH, CA 92663
C�CIF00.N�r
I<:Ei EIVED BY:CM
BEACON NAY
BEACON NAY
'YOTAL DUE
CASH PAID
$,ii0
0
J1J,yOJ
CASH RECEIPT
i=USTOMEIrI:EWING, RONERI' LYLEEN
TRANSFER FEE-3 BEACON NAY 010-5412 $216.50
-.3--5• 23.51
CHECK* PAID CHECk: NO
DATE = 04/25/94 TIME — 09.23:04
$50. 00
TENDERED C cHANOE
$50.00 -0.00
u
CITY OF NEWPORT BEACH
Office of City Manager
(714) 644-3002
April 22, 1994
Linda A. Bystedt
Escrow Officer
COLDWELL BANKER
2121 E. Coast Highway, #120-B
Corona del Mar, CA 92625
Subject: 3 Beacon Bay, Newport Beach, CA
Dear Linda:
Enclosed you will find two original Leases, one Memorandum of Lease and one
Termination of Lease. Please have all documents signed and the
Memorandum of Lease and Termination of Lease need to be notarized.
The outstanding amount of rent due the City by the Howard is $2,479.18, which
needs to be paid to the City before recording new Lease.
If you have any questions, please give me a call.
mb
enclosures
Sincerely,
C-*a44.0.c' 4f-'rt J
Marion Brockman
City Hall 0 3300 Newport Boulevard 0 P.O. Box 1768 • Newport Beach, California 92659-1768
APR122 't94 10:52 F* COLDWELL BANKER ESCRO • PAGE.001
FM:IIOMI iERY1C0
2121 E. Coast Hwy.,#120-B
Corona Del Mar, CA 9=5
(714) 644-9390
FAX: (714) 644-2825
FACSIMILE TRANSM17TAL COVER SHEET
DATE: Apra 22, 1994
TO: MARIAN - CITY OF NEWPORT BEACH
FAX NUMBER: 644-302o
FROM: LINDA
RE: 5-8227-L
�D6p3'33
MESSAGE: RE: 3 Beacon Bay, Newport Beach, CA
- Cermed escrow Instructions
FOR YOUR HELPII!
LINDA
( ) FOR YOUR INFORMATION
( ) CAL. IMMEDIATELY TO CONFIRM RECEIPT
40
(X) REPLY REQUESTED
( ) ORIGINAL TO FOLLOW IN MAIL
NUMBER OF PAGES INGLUDING COVER SHEET. 8
APR'22 '84 11:29 FR§ COLDWELL BANKER ESCRO • PAGE.007
I 2121 E. Coast Hwy.,#120-S Linda A. Bystedt
Corona Del Mar, CA 92625 Escrow Officer
(714) 644-9390 DATE: 04/20/94
FAX: (714) 644.2825 ESCROW NO: "227-L
e�tR)wNOWN .
COMMISSION INSTRUCTIONS
TO: COLDWELL BANKER ESCROW SERVICES, INC.
PROPERTY ADDRESS: 3 Beacon'Bay, Newport Beach, CA 92W
The undersigned seller(s) hereby Irrevocably assigns to the Broker(s) the proceeds of this sale through escrow to the extent
of the fee due.
At the dose of your above -numbered escrow, you are authorized and Instructed to pay the following:
Pay Commission to Coidwell Banker Resklential Real Estate $30,000.00
2121 E. Coast Hwy., #180
Corona del Mar, CA 92625-
Pay Commission to Ramesy$hilling Co.
6711 Forest Lawn Drive end Floor
Los Angeles, CA 90068
TOTAL COMMISSION
Seller:
William A. Howard
Seller:
Patsy Ruth Howard
Seller. Seller:
Robert W. Howard Cleva Jo Howard
a
r
APR 25 '94 9:47 FR6 COLDWELL BANKER ESCRO • PAGE.002
�r
awww wmmIN
2121 E. Coast Hwy.,#120-B
Corona Del Mar, CA 92625
(714) 644-9390
FAX: (714) 644-2825
GENERAL - ADDITIONAL INSTRUCTIONS
ESCROW MODIFICATION
Property Address: 3 Beacon Bay, Newport Beach, CA 92M
April 26,1994
Linda A. Bystedt,
Escrow Officer
Escrow No. 5-8227-L
Buyer and Seller agree that the Real Estate purchase contract and previous instructions are hereby modified/supplemented
In the following particulars:
SALES PRICE: Sales price of subject property has been reduced to S97oA0o.00.
VESTING: PAUL A. RAMSEY AND FLORENCE PATRICIA RAMSEY, husband and wife, as community property
TERMITE: Escrow holder Is Instructed to credit the Buyer and charge the Seller the sum of $500.00 for termite corrective
work per the termite Inspection town dated April 21,1994 by Coast Termite and Fungus Control. It shall be the Buyers sote
responsibility to contract and pay for any termite corrective work, if so desired outside of this escrow. Seller, Coldwell
Banker Escrow, Coldwell Banker Residential Real Estate and Agent are not to be further concerned with same.
LEASE TRANSFER FEE: From proceeds due the Seller, escrow holder Is Instructed to reimburse Lyleen Ewing forthe lease
transfer fee, at'the dose of escrow.
HOME PROTECTION: Seller to deposit into escrow for the Buyer, a one-year Home Protection policy. Escrow holder is
hereby authorized and Instructed to debit seller the sum of'$246,00 and commission due Lyleen Ewing the sum of $95,00,
as per billing deposited into escrow.
Approved by: Lyleen Ewing
ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME.
END INSTRUCTION
Buyer: Buyer.
Paul A. Ramsey Florence Patricia Ramsey
Seller: Seller.
William A. Howard Patsy Ruth Howard
Seller: Seller.
RobertW. Howard Cleva Jo Howard
APR'22 'b4 11:25 F COLDWELL BANKER ESCRO
• 1 C
zoc o SMAM
2121 E. Coast Hwy.,#120-B
Corona Del Mar, CA 92626
(714) 644-9390
FAX: (714) 644-2825
TO COLDWELL BANKER ESCROW SERVICES, INC.
. PRGE.002
Linda A. Bystedt,
ESCROW OFFICER
DATE: April 20, 1994
ESCROW NO: M297-L
We the undersigned, hand you a copy of the Real Estate Contract dated April 14,1994Including Counter Offer dated April 19, 1994.
Buyer and Seller agree that the Heal Estate Contract also constitutes joint escrow Instructions to you as Escrow Holder. The Real
Estate Contract contains agreements between the Buyer(s) and Seller(s) which do not require action on the part of the escrow
holder. You are instructed as follows:
CASH THROUGH ESCROW .......................... ................................... $1,000,000.00
(of which the sum of $ 25,000.00 has been deposited by Buyer)
Prior to close of escrow, Buyer will deposit an additional amount of $975,000.00
TOTALCONSIDERATION .............................................. I........... $t,otio,00o.00
Obtain for Buyer a standard policy of title insurance, with the Title Comparry's exceptions, in the amount Of the purchase price.
ESCROW CLOSING DATE TO BE ON OR BEFORE Antit 28. 1994.
The legal description of the property Is:
The Westerly feet of Lot 3 and the Easterly 10 feet of Lot 2, as shown upon a record on Survey Map recorded in Book 9, Pages
42 and 43 of Surveys on file in the office of the county recorder, Orange County, California, together with certain portions of
adjoining Lots i and H as shown upon said map and as described more fully in lease.
PROPERTY ADDRESS:
3 Beacon Bay
(Not Verified) Newport Beach, CA 926W
TITLE TO APPEAR VESTED IN: PAUL A. RAMSEY and FLORENCE PATRICIA RAMSEY, Husband and Wife
FINANCIAL TERMS:
A. CLOSING FUNDS: Each party acknowledges that the close of escrow is conditioned on check clearances. Funds to close must
be in the form of a Cashiers Check drawn on a bank with clearing house in the State of California OR be wire transferred to
Coldweil Banker Escrow Services Trust Account two (2) days pffOrto recording of documents. ALL FINAL FUNDS IN EXCESS
OF $100,000.00 MUST BE WIRE TRANSFERRED.
B. LAND LEASE: Buyers are aware that subject property is leased land. Monthly lease -are approximately $1,2$9.00. Escrow
holder Is instructed to obtain a statement of account from the City of Newport Beach. Escrow holder is instructed debit Seller
all unpaid assessments or delinquencies and transfer fee, If any, at the close of escrow. BUYERS HAVE RECEIVED, READ
C. RENT BACK: Escrow holder Is Instructed to charge the Seller and credit the Buyer with rent from the close of escrow through
and Including May 31,1994, at the rate of $166.67 per day, at the close of escrow.
D. HOMEOWNER'S ASSOCIATION: Buyer is aware there is a Homeowner's Association •affecting the subject property, and
escrow holder Is to prorate the monthly Homeowner's Association Dues as of close of escrow based on current dues of
approximately $70.00 per month. Buyer is aware that said homeowner association dues may change from time to time as
required by said Homeowner's Association. Seller to keep association fees current to the close of escrow. Escrow Holder to
obtain a written statement from the Homeowner's Assocation and any dues in arrears shall be deducted from Seller's proceeds
at close of escrow, including all unpakf assessments or delinquencies, if any. Any transfer fees shalt be charged to SELLER.
Escrow Holder shall obtain a Certificate of insurance for the lender(s) and Buyer concerning the Master Fire Insurance Policy
on the property, if any, Buyer shall obtain their own fire insurance covering their furnishings and personal property and any
(CONTINUED ON PAGE 2)
EACH PARTY ACKNOWLEDGES THAT THE REAL ESTATE BOOKER IS AFFILIATED WITH THIS ESCROW COMPANY.
COLDWELL BANKER, WHO MAY BE SERVING AS YOUR OR ANOTHER PERSONS AGENT OR BROKER IN CONNECTION
WITH THIS REAL ESTATE TRANSACTION, HAS A FINANCIAL INTEREST IN COLDWELL-BANKER ESCROW AND GUARDIAN
TITLE COMPANY, OR IS OWNED BY SOMEONE WHO DOES. w,
Buyer Buyer:
Paul A. Ramsey Florence Petricid e
• �y ..
Seller. Seiler:
William A. Howard Patsy Ruth Howard
Seller: Seiler:
APR'22 .'b4 11:26 FR1 COLDWELL BANKER ESCRO • PAGE.003
Vale: Aprt 20, 1994 • Escrow No: 5-a2Li-i-
PAGE 2 of 5: Additional instructions made a part of previous pages as if fully Incorporated therein.
liability Insurance outside of escrow. Seller to furnish Buyer with a copy of the Declaration of Covenants, Conditions, and
Restrictions, By -Laws, Articles of Incorporation (If any), a copy of the most recent budget, reserve study and financial statement
of Homeowner's Association in compliance with Civil Code 1355 OR Escrow Holder will order documents from Homeowner's
Association and charge Seiler for same. Buyer will provide lender with Homeowner's Association documents, if required.
E. HOME PROTECTION: Seller to deposit into escrow for the Buyer, a one-year Home Protection policy. Escrow holder is hereby
authorized and instructed to debit seller with cost of same, not to exceed $350.00. as per billing to be deposited into escrow.
F. PRELIMINARY TITLE REPORT: Close of escrow is subject to Buyers approval of the Preliminary Title Report and CC&R's
within 5 calendar days of receipt of same from escrow Disapproval must be in writing to Escrow Holder, and if no disapproval
is received during the time specified, this contingency shall be considered satisfied. if Seller is unvnlling or unable to eliminate
any title matter, disapproved by Buyer as stated above, Buyer may terminate this agreement. If Seiler fails to deliver title as
above, Buyer may terminate this agreement, In which case Buyers and Sellers agree to execute cancellation Instructions wherein
Buyers deposit shall be returned to Buyer.
G. TERMITE: Seller to provide a Termite Inspection/Completion pursuant to terms of the Sales Contract, NOT TO EXCEED
$500.00. Charge the account of the Seller for same. SELLER SHALL BE RESPONSIBLE FOR SECTION 1 AND BUYER SHALL
BE RESPONSIBLE FOR SECTION 11. IN THE EVENT PROPERTY REQUIRES FUMIGATION IT SHALL BE DONE AFTER MAY
13 . 1994.
H. GOOD FUNDS LAW: Due to the Good Funds Law (AB512) there maybe a delay between -the time buyers new loan Is funded,
close of escrow (recording), and/or disbursement of sellers proceeds, dependent upon the manner or form in which the buyers
new loan proceeds are disbursed by lender.
Buyers are aware that interest on new loan commences on the data the funds are disbursed by lender, and sellers are aware
that Interest on existing loans of record will accrue until date payoff is received by tender, REGARDLESS OF DATE ESCROW
CLOSES (RECORDING).
I. RELEASE OF FUNDS: If applicable, release sufficient funds from monles.on deposit to pay for credit report, appraisal, city
reports, lender or assoclation/lease statements/documents which may be required to be paid in advance. These monies are
not refundable regardless of the consummation of this escrow. ESCROW HOLDER iS INSTRUCTED TO CHARGE THE SELLER
AND REIMBURSE ANY PARTY SUBMITTING A PAID RECEIPT FOR THE CITY REPORT.
J. INSPECTIONS: in the event Escrow Holder is not notified in writing of disapproval of inspections, reports, and/or contingencies
contained in the Sales Contract contingencies are waived and conditions are approved.
K. SUPPLEMENTAL TAXES: Buyer and Seiler are aware thatthe•property will be reassessed by the Tax assessor as of the close
of escrow. As Escrow Holder, you are hereby relieved of any and all responsibility and/or liability in connection with any future
or revised tax bills. Any supplemental tax bill Issued as a result of a reassessment of subject property "Prior" to the close of
this escrow, shall be the responsibility of the Seller, and Buyer to pay any supplemental tax brit assessments after close of
escrow. Buyer and Seller will took to each other to resolve any disputed tax bill.
L. CHANGE OF OWNERSHIP: Buyer will complete a "Prelimtrrary Change of Ownership Report" which shall be presented to the
County Recorder at the same time of recordation as the Deed for the subject property. Should Buyer decline to complete said
"Preliminary Change of Ownership Report", or if rejected by the County Recorder, Buyer (or Seller if required by tender) will be
assessed with an additional $20.00 surcharge by the County Recorder, which shall be charged to the Buyers account (or to
Sellers account If required by tender). in this event, a Standard Change In Ownership statement (Revenue and Taxation Code,
Section 480) will be mailed to the Buyer by the Office of the County Assessor. Failure on the part of.the Buyer to complete and
return said Standard Change of Ownership mailed under authority of Section 4t10 within 45 days, will result in a penalty of 10%
of the taxes due; after processing the reassessment caused by a change in ownership or $100.00, whichever is greater, but not
to exceed the sum of $2,500.00.
M. SATISFACTION OF CONTINGENCY: Buyers deposit of balance of funds shall constitute their acknowledgement that all terms,
conditions and contingencies have been met.
(CONTINUED)
Buyer. _ BuyerPaul A. Ramsey Florence Patdcla Ramsey
Seiler: Seller.
William A. Howard Patsy Ruth Howard
Seller Seller
APR'22 ''94 11:27 FRf COLDWELL BANKER ESCRO • PAGE.004
Date: April 20, 1994 Escrow No: 5-8221.1
PAGE 3 of M. Additional Instructions made a part of previous pages as If fully Incorporated therein.
Coldwell Banker Escrow Services, Inc. holds Department of Corporations escrow license number 9630179. ,
(CONTINUED) T
Buyer: Buyer
Paul A. Ramsey Florence Patricia Ramsey
Seller: Seller:
William A, Howard Patsy Ruth Howard
Seller: Seger. _ - - -
i
APR '22''J4 11:25 FRJ COLDWELL BANKER ESCRO PAGE.005
Uste: April 20, 1994 Escrow No: b•822i •L
,
PAGE 4 of 5: Additionai instructions made a part of previous pages as it fully incorporated therein.
GENERAL. PROVISIONS
"ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS"
1. All funds received in this escrow shall be deposited with a State or Federal bank with other escrow funds and all disbursements shall be made by a check
of this Escrow Co. The parties hereto understand and agree that all funds received by you will be deposited in a non -interest bearing trust account, that no
Interest will be earned by or paid to either of the parties on the funds in such trust account and that Caldwell Banker and its affiliates may receive direct or Indirect
benefits from the depository of such trust account as a result of the aggregate balances In all accounts established by Caldwell Banker and Its affiliates with such
depository, Including such trust account. These benefits shall be considered as additional compensation to you, and no other party shall have any Interest in
or rights to such benefits.
2, You shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any
documents deposited In escrow, nor as.to the Identity, authodtyor rights of any peraon'executing the same, either as to documents of record or those handled
In this escrow. Your duties hereunder shall be limited to the safekeeping of such money and documents received by you as Eeerow Holder, and for the
disposition of the same in aoeordancs with the written instructions sampled by you In this escrow. You shall not berequiredto take any action in connection
with the collection, maturity or apparent outlaw of any obligations deposited in this escrow, unless otherwise instructed. You shell not be liable for any of your
sots or omissions done In good faith, nor for any claims, demands, loans or damages made, claimed or suffered by any party to this escrow, excepting such
as may arise through or be caused by your willful neglect or gross misconduct.
3. Seiler guarantees and you shall be fully protected in assuming that, as to any insurance policies handed you, each policy is -in force, has not been
hypothecated and that all necessary premiums therefore have been paid. You will, as my agent, assign any fife insurance handed you for use in this escrow.
4. Escrow to close on or before the time set forth in the sales contract. However, you may close escrow after that date unless the Sate Contract is terminated,
OR Buyer of Seller has made written demand upon you for the Mum of monies or documents deposited by him, in which event you are instructed to prepare
cancellation Instructions.
5. All notices, demands and instructions must be In writing. In the event conflicting demands ar notices are made or served upon you or any controversy arises
between the partios hereto or With third person growing out of or relating to this escrow, you shall have the absolute right to withhold and stop all further
proceedings in, and performances of, this escrow, until you receive written notification satisfactory to you of the settlement of the controversy by agreement of
the parties thereto, Or by final judgment of a court of competent jurisdiction. Ail of the parties to this escrow hereby jointly and severally promise and agree
to pay promptly on demand, as well as to indemnity you and to hold you harmless from and against an litigation and interpleader costs, damages, judgments,
attorneys fees, expenses, obligations and liabilities of every kind which, In good faith, you may incur or suffer in connection With or arising out of this escrow,
whether said litigation, interpkader, obligations, liabilities of expenses arise during the performance of this escrow, or subsequent thereto, directly or indirectly.
8. These instructions may be executed in counterparts, each of which shall constitute an original regardless of the dates of its execution and delivery. All such
counterparts together shall constitute one and the same document.
7, You are hereby authorized to deposit any funds or documents handed you under these escrow instructions, or cause the same to be deposited, with any
duly authorized sub-oacrow agent, subject to your order at or prior to close of escrow, in the avant such deposit shall be necessary of oonvenfent for the
consummation of this escrow.
8. The packs to these escrow instructions authorize you to destroy these instructions and all other instructions and records in this escrow at any time after
five (5) years from claw of escrow.
0. In the event of failure to pay fees or expenses duo you hereunder, on demand, i agree to pay a reasonable fee for any attorneys services which may be
required to collect such fees or expenses.
10. If Seiler unilaterally assigns or orders the proceeds of this escrow to be paid to other than the original parties to this escrow, such assignment or order shall
be subordinate to the expenses of this escrow, Ilene of record on the subject property, and payments directed to be made by Buyer and Seiler together. If the
result of such assignment or order would be to leave the escrow without sufficient funds to close, then you are directed to close nevertheless and to pay such
assignments of orders only Out Of the rlet proceeds due Seller except for such assignments or orders, and to pay them In the order in which mob assignments
or orders are received by you.
11, If for any reason this escrow should be cancelled you are hereby authorized and directed to use funds on deposit herein for payment of any charges herein
Including but not limited to your cancellation foe.
12. You are not to be concerned with the giving of any disclosures required by Federal of State law, specifically but not exclusively, RESPA (Real Mate
Settlement Procedures Act),Regulation s(truth In Lending disclosures) or cytherwamings, or anywarrardies, express or implied, Neftherareyoutobeconcemed
with the effect of zoning ordinances, fond division regulation, or building restrictions which may pertain to or affect the land or improvements that are the subject
of this escrow.
M Parties hereto understand Escrow Holder Is not required to act on facsimile Instructions,
14. Order demand/payoff statemem(e) on existing Pions and loans, if solosble, AND/OR order beneficiary stotoment(s) on loan(e) of record being taken over
by the Buyer, comply with lenders' requirements and pay coes of obtaining said statomems(s) from Buyer's funds On deposit. Provide copies Of beneficiary
statements) to Buyer, Seller and their agents, Buyer's signature on the beneficiary statemem(s), Note and Trust oeed constitute Buyer's approval of the terms
and conditions of the existing loan(s). Charge Seller for any delinquent payments, if applicable,
15, The disbursement and mailing of the pay-off checks are normally done by the Title Company. The demands normally call for accrued Interest to be
collected and paid up to the time the actual check is received in the lien holder's office. Additional interest may be calculated to allow for any mailing time,
whether it be by normal mail at rederal E"04. Escrow Holder is relieved of any and all liability and responsibflityfor the calculation of these tees, as may
be called for In the demands.
10, Adjustments and/or proretions called for In this escrow shall be made in the following manner:
Prorate taxes on rest property only, based on the last tax bill in your possession or on latest available tax figures famished by the title company,
17, Prorate rentals on rental statements) handed you by Seller. You are to consider on basis of said rent statement that Seller will collect all rents which fall
due prior to close of escrow unless he instructs you in writing to the contrary. My rents in arrears are to be disregarded.
18. Prorate Interest on notes secured by trust deeds of record, based on statement of beneficiary or agent. Make all adjustments and proreflons on the basis
of a 30-day month, "Close of Escrow" is the day Instruments are recorded, Our signatures on any documents and instructions pertaining to this escrow Indicate
our uncondiflanal approval of same.
19, I/We agree to pay escrow loge and charges as per current schedule, including messenger fees, If applicable. Escrow Holder to provide copies to Buyer
and Seller and their agents of any notices received from the other party Or their agents. Each party signing these tnsttuctions states they have read and approved
Instructions on ail previous pages. i/M kovocably assign the fees to escrow, whether by cancellations or closing.
go, As the undersigned Seller, the foregoing terms, provisions, conditions and instructions, are approved and accepted In their entirety and concurred in by
me, I will hand you necessary documents called for an my part to cause title to be shown as above, which you are authorized to deliver when you hold or have
caused to be applied funds set forth above within the time as above provided. Pay your escrow charges, my recording fees, charges for evidence of title as called
Buy0r.
• Paui A. Ramsey
Seiler.
Wiltha+rs A, Howard
ftvrg,+9r
(CONTINUED) Cn!
"V,�•r., .,'.: ,F. ,.nth ��
y` �;1, ,y ^ tit •." •.,L._.yC
Buyer.
Florence Patricia
Seller.-- -•
Patsy rn; .: •vurd
Serer:
u" I
Seller.
§==
APR 122 "b4 11:29 FRO COLDWELL BANKER ESCRO •
Uale: April 20, 1994
PAGE 5 of 5: Additional Instructions made a pert bf previous pages as If fully Incorporated therein.
PAGE.006
Escrow No: 5-8221-L
for whether or not this escrow Is consummated, except those the buyer agreed to pay. You are hereby authodzed to pay bonds, asssssmaptsrtaxes, and any
liens of record, Including prepayment penalties, It any, to show title as caned far. Pay Documentary Tranefer Tax on deed as required.
Buyer. Buyer:
Paul A. Ramsey Florence Patricia Ramsey
Seller: Seller.
William A. Howard Patsy Ruth Howard
Seiler: Seller.
Robert W. Howard Gana Jo Howard.
RECORDING REQUESTED BY
MO WHEN RECORDED MAILTO
SBS TRUST DEED NETWORK
7411 LORGE CIRCLE
HUNTINGTON BEACH, CA 92647
(714) 842-9111,
LOAN No.015524 OTHER REF. T.S. No. 3010 LAA
A.P. NUMBER: 050-221-07
YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED may 1o, 1991
UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A
PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PRO-
CEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER.
Notice of Trustee's Sale Under Deed of Trust
Notice is hereby given that SBS TRUST DEED NETWORK
,as trustee, or successor trustee, or substituted trustee pursuant
to the Deed of Trust executed by WILLIAM A. HOWARD, PATSY R. HOWARD, ROBERT W. HOWARD AND CLEVA JO
HOWARD, WITH VESTING AS FOLLOWS: WILLIAM A. HOWARD AND PATSY R. HOWARD, HUSBAND AND WIFE, AS
COMMUNITY PROPERTY, AS TO AN UNDIVIDED ONE- HALF INTEREST, AND ROBERT W. HOWARD AND CLEVA JO
Recorded 05/20/1991 In Book Page Inst. #91-247112
of Official Records in the office of the County Recorder of ORANGE County, California, and
pursuant to the Notice of Default and Election to Sell thereunder recorded 12 / 2 8 / 1993
In Book Page Inst # 93-904895 of said Official Records, will Sell on
04/27/1994 at 1:OOP.M. at AT THE NORTH FRONT ENTRANCE TO THE
COUNTY COURTHOUSE
700 CIVIC CENTER DRIVE WEST
SANTA ANA, CA
at public auction, to the highest bidder for cash (payable at the time of sale In lawful money of the United States), all right,
title, and Interest, conveyed to and now held by it under said Deed of Trust in the property situated In said County and State
and described as follows: at31 Z_7r
As more -fully described on said -Deed of Trust.
(�\,t
em a?691BE�'1
*HOWARD, IIUSBAM AM WILE, AS CO14VNITY PROPERTY, AS TO AN UNDIVIDED ONE -HALF INTEREST,
AS TENANTS -IN -COMMON
ThMtreehaddress•and.ottZer.common designation, if any, of the real property described above is purported to be:
,t 3 BEACON BAY
NEWPORT BEACH, CA 92660
The undersigned Trustee disclaims any liability for any Incorrectness of the street address and other common designation, if any, shown herein.
The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at
the time of the Initial publication of the Notice of sale Is: $125,070.17
In addition to cash, the Trustee will accept a cashier's check drawn on a state or national bank, a check drawn by a state or federal credit union or a
check drawn by a state or federal savings and loan association, savings association or savings bank specified in Section 5102 of the Mnancial Code and
authorized to do business in this state. In the event tender other than cash is accepted, the Trustee may withhold the Issuance of the Trustee's Deed until
funds become available to the payee or endorsee as a matter of right.
Said sale will be made, but without covenant or warranty, express or implied regarding title, possession or encumbrances, to satisfy the Indebtedness
secured by said Deed, advances thereunder, with Interest as provided therein, and the unpaid principal of the note secured by said deed with interest
thereon as provided In said Note, fees, charges and expenses of the trustee and of the trusts created by said Deed of Trust.
Dated: 03 / 28 / 1994
TNc-007 (2/90)
By:.
CYNDI LU HORN, ASST. VICE PRESIDENT
SBS TRUST DEED NETWORK
Nwp,rW�V 'rYu Gnn•r RntN
To: —
❑ Mayor ;
❑ City Council
City Manager
Assistant City Manager
❑ Attorney
❑ Building -
❑ City Clerk
❑ Community Services
❑ Finance -Admire
❑ Accounts Payable
❑ Data Processing
❑ Duplicating
❑ Payroll
❑ Purchasing
❑ Revenue
Date
❑ Ore
❑ General Services
❑ Marine
❑ Personnel
❑ Planning
❑ Police
❑ Public Works
❑ Traffic
❑ Utilities
❑ Telecomm
For:
❑ Action & Disposition
❑ File
Information
❑ Review & Comment
i
9
AA
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CITY OF NEWPORT BEACH
a NEWPORT BEACH, CA 92663
37807
CASH RECEIPT
RECEIVED BY:CM CUSTOMER:HOWARD
BEACON PAY ACCOUNTS REC LOT #3 230-1118
TOTAL DUE
LASH PAID CHECK: PAID C:HEC*l* NO
$.r)o $11,305.03 i_CK 0018182519
DATE - 03/28/94 TIME - 13:36:41
TENDERED
$1 1 , 305. 03
$11,305.03
$11,305.U3
CHANGE
$. 00
I.a
•
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3131
March 14, 1994
Patsy and Bill Howard
3 Beacon Bay
Newport Beach, CA 92663
Re: 3 Beacon Bay Lease
Dear Mr. and Mrs. Howard:
Enclosed is your check for $11,305.03' The Newport Beach
Finance Department was informed by the Bank of Hawaii that the
check would not clear on Friday, March 11, 1994.
I will file an Unlawful Detainer action in Orange County
MurLipal Court today. If the leasehold account is paid up prior to
completion of the case, I may dismiss the action. To bring the
leasehold account up to date, you must submit a cashier's check, or
cash, in the amount of $11,305.03 to the City -of Newport Beach.
Thank you for your anticipated cooperation in this matter.
LSS:wb
cc: Ken Delino
Very truly yours,
Laura Stitt s
Contract Atto eyy
3300 Newport Boulevard,
Beach
December 2, 1993
Mr. Kenneth J. Delino
Deputy City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
HAND DELIVERED
Dear Mr. Delino:
Patty Howard and I wish to thank you for all the time and effort
that you and the City have spent relative to the Beacon Bay
lease. I know it has been frustrating for all concerned, but we
remain hopeful that the State will act soon in order to make a
new fifty year lease a reality.
As we indicated to you, the fact that the negotiations have
taken so much longer than originally anticipated, has had a very
detrimental aspect to our personal financial situation. We had
counted on refinancing our home mortgage over a year ago. When
that was not possible, our only source of paying expenses was
from bank loans, which also were non-existent to real estate
developers as ourselves. our -credit has now been badly tainted
from late payments that we had no sources to pay, this includes
lease payments to the City of Newport Beach.
in summary, we now must sell 3 Beacon Bay as quickly as
possible. Fortunately we still have equity in our home,
assuming the real estate market does not crash completely. We
also are renting our home in order to defray part of the
mortgage costs, repairs and real estate taxes.
Due to the above, we would ho a that the City_of Newport Beach
would agree to accrue its leN aymen s o interest and
enalties unt 1 the house is sold. We would have no objection
to the city placing a mortgage on the property if that is of any
significance from a security standpoint. Our present mortgages
are as follows:
River Valley Savings and Loan $315,000
`t o Union Bank 205,000
Commerce Bank 105,000
1 $625,000
Number 3 was appraised (see enclosed appraisal report) in March,
567 San Nicolas Drive, Suite 106, Newport Beach, CA 92660 • (714) 721.0711 • FAX (714) 640.5472
. _. 0 0
Mr. Kenneth J. Delino
December 2, 1993
Page Two
1993 at a value that ranged from $1,050,000 to $1,350,000.
Coldwell Banker believes this is on the optimistic side assuming
a fairly fast closing. However, even assuming a sale in the
$900,000 range and a 6% real estate commission, there would be
ample residual funds to pay the City in full. We anticipate that
a sale could close escrow in six to nine months. Therefore, we
request that you consider the above and allow us time to sell
our home of many years and at least protect some of our equity.
Thank you for your concern in this matter.
sincerely,
�VaWnu &,L�
William A. Howard
Enclosure
0
CITY OF NEWPORT BEACH
THIRTY DAY NOTICE TO PAY RENT OR QUIT
AND NOTICE OF TERMINATION OF TENANCY
TO: Robert W. Howard
3 Beacon Bay
Newport Beach, CA 92660
and Any Tenant in Possession
NOTICE is hereby given that under the terms of the lease dated
January 1, 1988, between you and the undersigned by which you hold
possession of the premises located at Beacon Bay Lot No. 3, Newport Beach,
California, 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 (hereinafter "premises"), there is now due and unpaid rent for
said premises in the sum of $4,958.36 and accrued late charges of $297.49
for a total due of $5,255.85.
Within thirty days after service of this Notice on you, you are
required to pay all sums in full by cashier's check or cash or to deliver up
possession of the hereinafter described premises to the City of Newport
Beach, who is authorized to receive the same, or legal proceedings will be
commenced against you to recover possession of said premises, all rents
due, damages and such other relief as the court is authorized to award. No
payment less than the full amount owed will be accepted.
If said rent and late charges are not paid in full within thirty days
after the service of this Notice, the City of Newport Beach, hereby elects to
and does declare a forfeiture of the lease under which you occupy the
premises.
Kenneth J. I
Deputy City
Dated: October 20, 1993
City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659-1768
0
CITY OF NEWPORT BEACH
SIXTY DAY NOTICE TO PAY RENT OR OUIT
AND NOTICE OF TERMINATION OF TENANCY
TO: Robert W. Howard
3 Beacon Bay
Newport Beach, CA 92660
and Any Tenant in Possession
NOTICE is hereby given that under the terms of the lease dated
January 1, 1988, between you and the undersigned by which you hold
possession of the premises located at Beacon Bay Lot No. 3, Newport Beach,
California, 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 (hereinafter "premises"), there is now due and unpaid rent for
said premises in the sum of $3,718.77 and accrued late charges of $148.74
for a total due of $3,867.51.
Within sixty days after service of this Notice on you, you are
required to pay all sums in full by cashier's check or cash or to deliver up
possession of the hereinafter described premises to the City of Newport
Beach, who is authorized to receive the same, or legal proceedings will be
commenced against you to recover possession of said premises, all rents
due, damages and such other relief as the court is authorized to award. No
payment less than the full amount owed will be accepted.
If said rent and late charges are not paid in full within sixty days
after the service of this Notice, the City of Newport Beach, hereby elects to
and does declare a forfeiture of the lease under which you occupy the
premises.
Kenneth J. I
Deputy City
Dated: September 22, 1993
City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659-1768
L�
DATE TIM
WHILE YOU WE E 'OUT
M— .4va2
PHONE NO. EXT
TELEPHONED
PLEASE CALL
RETURNED YOUR CALL
WILL CALL AGAIN
CAME IN TO SEE YOU
URGENT
� - - l ► i wit �i �',.
BY
41 .
October 51 1991
City of Newport Beach
Newport Beach, CA 92660
To whom it may concern:
This letter will serve as authorization for you to
release to Mr. Peter H. Belcher a copy of the lease for
our residence located at #3 Beacon Bay.
Sincerely,
Laaiw
William A. Howard
l�/��
i
WILLIAM A. HOWARD
PRESIDENT
Groward,�Oivar4'k
567 San Niwlu Drive, Suit,106 �
Ncwpo' B"CII, CA 92660 • (714) 721.0711 • FAX (714) 640,0939
4350 Von Karman Avenue, Suite 350, Post Office Box 8430, Newport Beach, California 92660 Telephone (714) 752=9484
Ll
CITY OF NEWPORT BEACH
410 SOUTH BAY FRONT
BALBOA,CA 92660
PAGE 1 \
• MAIL MACH-M
036 59 67 BOA
USAA
a �Fc�/m
F,ZI 190,9
��
UNITI# SERVICES AUTOMOBILE ASSOOTION
l USAA Building • San Antonio, Texas 78288
CANCELLATION NOTICE FOR SECOND MORTGAGEE
CITY OF NEWPORT BEACH
410 SOUTH BAY FRONT
BALBOA,CA 92660
07-10-89
Re: Policy Number 036 59 67 80A
Insured: ROBERT W HOWARD AND CLEVA JO HOWARD AS TO A
UNDIVIDED ONE HALF INTEREST, AND WILLIAM A HOWARD
Property Location: 3 BEACON BAY
NEWPORT BEACH,ORANGE,CA
Loan Number: 006332746
You are hereby notified that protection of your interests as they may appear in the above
policy will cease.
The coverage is cancelled at 12:01 AM. Standard Time, 07-12-89
location of property described.
The policy is being cancelled for the following reason:
INSURED'S REQUEST
Credit, if any, resulting from this transaction is being calculated.
Very truly yours,
at
Thomas E. Carpente III
President
Property and Casualty Insurance
1017-S 11-85
CITY OF NEWPORTMACH
�<ieDPN�P
RECEIVED FROM
FOR:
NEWPORT BEACH, CALIFORNIA 2663
DATE
RECEIPT
No. 2-:0550
DEPARTMENT (^r1t(//I rw' —`--�
BY UAtLO
w rEWPpRT ���M CITY OF NEWPORT OACH RECEIPT _
@ NEWPORT BEACH. CALIFORNIA 92663 No. 19142
�� 17
G<iPOPN�P 19
DATE
RECEIVED FROM "��""'^^� �O^-' "" -tC' T -Sn`OO
FOR
DEPARTMENT • '��y�/�,�`' /� F
BY I�YLA AA
aE"'Oa, —w— CITY OF NEWPORT MACH
d NEWPORT BEACH, CALIFORNIA 92663
ATE �4FOPN\P 19
RECEIVED FROM
FOR:
DEPARTMENT
BY
RECEIPT
No. 17233
m
I PU
First Interstate Bank
California
Tr . -, No. 230000OO TruststSeSeces rvi
16/12/85 1344 1209429-0/2109428-5 1 Geyer, Anita & Robert
DESCRIPTION
Transfer Fee to City of Newport Beach
RE: #3 Beacon Bay,„ Newport Beach
t
CITY OF NEWPORT BEACH
A
Office of City Manager
(714) 644-3002
January 21, 1988
Mr. Robert W. Howard
4350 Von Karman Ave. #3,50
Newport Beach, CA 92660
Subject: Direct City Lease - #3 Beacon Bay
Dear Mr. Howard:
Effective January 1, 1988 your lease with the Beeks expired
and your direct lease with the City commenced. The City's
lease rate will now include the amount previously paid to
the Beeks.
On December 29, 1987, a copy of the lease was sent to your
office for signature. As of this date, we have not received
the signed lease. ,
Please sign and return lease for #3 Beacon Bay to the Office
of City Manager.
If you have any questions, please call 644-3002.
Sin erel
i
K NNETH DELINO
EXECUTIVE ASSISTANT
KJD:mab
City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663
VV)' i1M.�-�' F�: Cl�`%:9 4`t.J,•4`.iV,y..+.rp�N�\L+oa..MiW.v.r.JJ.1.A4.mN��r� '�IH � '
�,"'j`),1': lw;• '.>•.S� r�. •..�.: o�N•nt' �r 4S `•t. `,•V>7*��u...., rw�.n�•v:.µ.....p !. .r..•a l..,•n. 9�'+jvF�^S�� i`�-:�...
CITY OF NEWPORT BEACH
MEMORANDUM: FrOM Executive Assistant
Tp,_FINANCE ... DEPARTMENT.•,,,,,,,,,,,,,,,,
SUBJECT: BEACON BAY No. 3
January.._3 0 ._.._..._..0 19..8.6.
Please begin billing Robert W. Howard
Suite 350• -
4350 Von Karman
Newport Beach, CA 92660
for the subject property at a rate of $1,173.44 per month
beginning February 1, 1986.
KJD:ets --
cc: Data Processing 1
Reply wanted ❑
Reply not necessary ❑
N!•2o
1
NO•
DEL 1
:•, ,
F2First
.1nterstate
Bank
September 19, 1985
First Interstate Bank
of California
Box 2160
Laguna Hills, CA 92653
714 855-9495
714-855-2627
Ken Delino, Asst City Manager
City of Newport Beach
City Hall
3300 Newport Blvd
Newport Beach, California 92663
Via Messenger
Escrow 105-11797D
re: 3 Beacon Bay
In connection with out telephone conversation concerning the lease
covering the subject property, I am enclosing:
1. Check for $100.00, payable to your order - transfer fee
2. Certified copy of escrow instructions
We can, upon notice, arrange for messenger pick-up of any instruments
that you may wish to have delivered in connection with this escrow.
Welm
Asst Vice President
Escrow Department
CITY OF NEWPORT EACH
Office of City Manager
(714) 644-3002
December 16, 1985
Mr. Randy Johnson
Independence Mortgage
3700 Campus, Ste. 104
Newport Beach, CA 92660
SUBJECT: BEACON BAY No. 3
Dear Mr. Johnson:
Enclosed are two copies of an Agreement to Lease for the
subject property. Please have the principals execute both
copies and return both to this office'.
The new lease payments based on 2h% of the total con-
sideration are $14,870.00 per year of which $793.76 is paid
to the Beeks. The remainder, $14,081.24, will be billed by
the City in monthly installments of $1,173.44 to Robert W.
Howard, Suite 350, 4350 Von Karman, Newport Beach, CA 92660.
Please call me if you have any questions.
Sin erel
KJD:ets � �t' Y
KENNETH .�DELINO
Executive 'Assistant
Enclosures
City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663
6 (Page One) 6
GENERAL -ADDITIONAL INSTRUCTIONS ESCROW No.los _i1�9�.n
ESCROW INSTRUCTIONS
fit kdarstaft
BW*
—LAGUNA HILLS-LEISURE.WORI_D.. OffiCe........La$una Hills, Calif., --•—July 18, , 19.85
(Hereinafter called "the Bank")
My previous instructions in the above numbered escrow are hereby modified - supplemented
in the following particulars only:
The time of this escrow is hereby extended to September 30, 1985.
The undersigned, ROBERT W. HOWARD, hereby nominates WILLIAM A. HOWARD
and PATSY R. HOWARD, husband and wife, as community property, as to an
undivided one-half interest, and ROBERT W. HOWARD and CLEVA JO HOWARD,
husband and wife, as community property, as to an undivided one-half
interest, as Tenants -in- Common.
The TEN THOUSAND and no/100 DOLLARS ($10,000.00) paid to Seller outside
of this escrow, as part of the Total Consideration, are to be used for
the credit of the aforesaid nominees named and upon their instructions
herein.
We understand that we have been nominated by Robert W. Howard to become
the Vestees of the property described in the above -numbered escrow. We
hereby consent to becoming the Vestees and, by our signatures below,
acknowledge that we are familiar with the terms and provisions of the
original escrow instructions and amendments thereto, and we will hand
you all documents and funds necessary to enable you to comply therewith.
The address and telephone numbers of the nominees (Buyers herein) remain
the same as set forth in Escrow Instructions, dated March 26, 1985.
Buyers are obtaining a new loan in the approximate principal amount of
$446,250.00 with an adjustable interest rate from Imperial Savings and
Loan Association; therefore, the payment terms for this property are as
follows:
Paid Outside of Escrow
Cash Through Escrow
New Loan Proceeds
TOTAL CONSIDERATION
SELLER:
FIRST INTERSTATE BANK OF CALIFORNIA,
a California corporation, Successor
Trustee of the Robert L Geyer Trust,
under Agreement, dated July 28, 1976
BY
M
ANITA C. GEYER
ES312 2/82
(OVER)
$ 10,000.00
138,750.00
446,250.00
$ 595,000.00
BUYER:
ROBERT W. HOWARD
NOMINEES:
WILLIAM A. HOWARD
PATSY R. HOWARD
ROBERT W. HOWARD
CLEVA JO HOWARD
{�etebY certify that this is a true and
J
the on escrcvq in
exact cony °f ,. abc�,o nuanbar.
f Q lhG r,
struction un.�- ...�-.f< • t::uflk
{�UNec''3�rc.,urohrin
U,Lp OFFICE
�•p,GUMA S LEISORE W'
BY 15C2r
(Page One)
GENERAL- ADDITIONAL INSTRUCTIONS ESCROW
Firoersiate ESCROW INSTRUCTIONS
Bank
Laguna --xi> 1 s..F+�x uxe..h?ox.] d.Office ... zLa9.una--lii.7.la......... Calif ....................Na. rch ch.. 26 6., 19.. 85 5.
(Hereinafter called "the Bank")
1. Buyer acknowledges that subject property is not being purchased in
reliance upon any representation as to its condition by seller, but as -
the result of buyer's own investigation. Buyer accepts said property in
its present condition and seller will not be required to furnish a re-
port of inspection showing existence or non-existence of'termites, dry
rot or any other kind of infestation. Seller will however, provide'a report at
Seller's expense but Seller does not accept any responsibility for any conditions as
reported in same.
2. It is understood and agreed between the parties hereto that First
Interstate Bank of California is entering into these instructions soley
in its ficuciary capacity as Successor'Trustee of the Robert L. Geyer Trust
and not in its individual corporate capacity. Buyer acknowledges and
agrees that any claims buyer may have under•these instructions are and
shall be claims solely against the Trust Estate represented herein by
First Interstate Bank of California and not against First Interstate
Bank of California in its individual corporate capacity. Buyer hereby
holds First Interstate Bank of California in its individual corporate
capacity harmless from any and all claims arising hereunder or herefrom
of any nature whatsover.
3. There is to be no assignment or•.proration of Seller's existing insurance coverage
on premises known as 3 Beacon Bay, Newport Beach,. California between parties hereto.
Buyer will satisfy his own fire insurance requirements outside of this escrow.
4. Buyer is aware that this is a probate sale and that the death of Robert L. Geyer
is considered a "change of ownership" by the county tax assessor. Buyer and Seller
agree that any supplemental tax bill reported to escrow holder prior to the close of
escrow as a result of reappraisal by reason of such death for the fiscal year 1982-1983
will be prorated in addition to the regular tax proration provided herein.
5. The following provision, provided by the parties to this escrow, is inserted herein
as a matter of record at the request of the parties and First Interstate Bank shall have
no responsibility or duty in connection therewith:
"In the event such supplemental tax bill (item 4 above) is received after the closing
of this escrow, Seller will provide Buyer with a copy of the supplemental tax bill and
a proration of the amounts payable. If the greater portion of the tax due is payable
by the Seller, Buyer will forward to Seller a check payable to the Tax Collector for
Buyer's portion. If the greater portion of the tax due is payable by the Buyer, Seller
will furnish Buyer with the original tax bill and a check for the trust estate's port-
ion payable to the Tax Collector. Buyer and Seller mutually agree to perform the forgo-
ing acts prior to the delinquency date stated on the supplemental tax'bill.
6. Prorate Annual Lease Rental of $793.76 from close of escrow to January 1, 1986
based upon statement handed you by Beek Brothers, 4110 South Bay Front, Balboa Island,
California 92662 —
Prorate monthly lot payment of $871.35 from close of escrow to the date said payment
is paid to based upon a statement handed you by City of Newport Beach, Finance Dept.,
3300 Newport Blvd, Newport Beach, California 92663-3884. In the event a payment will
fall due within ten (10) days of the escrow closing date of this escrow and prior to the
next payment due the City of Newport Beach, Buyer will hand you additional funds upon
your request in an amount equal to said payment and instructs you to pay same at the
close of escrow.
7. At Seller's expense, Seller shall provide;
a. a Residential Building Report as required by the City p&kJ*RMf)B011Ahthis is a true and
b. all fees for the transfer of the leasehold. exact copy of the original escrow in -
sr:: -i•Inn Under the above number.
Bank
•• OF CALIFORNIA
I_AG 5 LEISURE M LD OFFICE
ES-311 2/62
(OVER)
(Page Two
g. The parties hereto acknowledged ,thgt the Buyer is a licensed real estate Broker
acting as a principal.
9. The following provisions, provided by the parties to this escrow, are inserted
herein as a matter of record at the request of the parties and First Interstate Bank
shall have no responsibility or duty in connection therewith:
"Seller will co-operate with Buyer, at no additional expense to Seller, should Buyer
desire to effect a 1031 tax deferred exchange, however,Seller shall be released from
liability in case of loss,
"Possession of property shall be delivered to Buyer on April 5th or sooner, Buyer and
Seller shall execute an interim occupancy agreement at such time. Buyer agrees to pay
as rental the sum of $2,000.00 per month from date of possession until date of recordat-
ion. Unless instructed to the contrary, all rents shall be paid outside of escrow.
"Buyer shall be allowed to carpet the titdd living areas of the property and install
equipment in the master bathroom for use by a handicapped person prior to close of
escrow.
"If sale cannot be completed by reason of any default of the Buyer including, but not
limited to, non-payment of the balance of the purchase price, Seller may retain the
amounts paid herewith in consideration for Seller having taken the property off the
market and not as a penalty.
r'If sale cannot be completed by reason of Seller's inability to convey title as des-
cribed heretofore, buyer shall be released from all obligation hereunder and the amounts
paid herewith shall be returned to Buyer."
Any policy of title insurance called for under these instructions may be Issued for the benefit of all parties in interest and may be
procured from any title company operating in the county where the property is located, and will be subject to exceptions and
conditions contained in such company's regular printed form, including but not limited to an exception that said policy will not
Insure against loss by reason of the reservation or exception of any water rights, claims, or title to water.
Make all adjustments and/or prorations on the basis of a 30 day month, "Close of Escrow" is the day instruments ore recorded.
Deliver assurance of title and Insurance policies, If any, to holder of first encumbrance, or order, If any. Make disbursements
by your check. Documents and checks in my favor to be mailed to my address shown below, unless you are otherwise Instructed.
If the conditions of this escrow have not been compiled with at the time herein provided, you are nevertheless to complete the
soma as soon as the conditions (except as to time) have been complied with, unless any party to this escrow shall hove made written
demand upon you for the return of money and/or instruments deposited by such party.
NO NOTICE, DEMAND OR CHANGE OF INSTRUCTIONS SHALL BE OF ANY EFFECT IN THIS ESCROW UNLESS GIVEN
IN WRITING BY ALL PARTIES AFFECTED THEREBY. In the event conflicting demands are made or notices served upon you with
respect to this escrow, the parties hereto expressly agree that you shall have the absolute right at your election to do either or both
of the following: withhold and stop all further proceedings in, and performance of, this escrow, or file a suit In Interpleader and
obtain an order from the court requiring the parties to Interplead and litigate in such court their several claims and rights amongst
themselves. In the event such Interpleader suit is brought, you shall ipso facto be fully released and discharged from all obligations
to further perform any and all duties or obligations Imposed upon you In this escrow, and the parties jointly and severally agree to
pay you all costs, expenses, and reasonable attorney's fees expended or Incurred by you, the amount thereof to be fixed and a
judgment therefor to be rendered.by the court in such suit,
You are not to be held liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument
deposited in this escrow, nor as to Identity, authority, or rights of any person executing the same, nor for failure to comply with any
of the provisions of any agreement, contract, or other Instrument filed herein or referred to herein, and your duties hereunder shall
be limited to the safekeeping of such money, instruments, or other documents received by you as escrow holder, and for the
disposition of same In accordance with the written Instructions accepted by you in this escrow.
All parties hereto further agree, jointly and severally, to pay on demand, as well as to Indemnify and hold you harmless from and
against all costs, damages, judgments, attorney's fees, expenses, obligations and liabilities of any kind or nature which, in good faith,
you may incur or sustain in connection with, or arising out of this escrow, and you oro+areby given a lien upon all the rights, titles and
interest of each of the ponies hereto in all escrowed papers and other property and monies deposited in this escrow, to protect your
rights and to indemnify and reimburse you under this agreement.
It is agreed by the parties hereto that se far as your rights and liabilities are concerned, this transaction is an escrow and net
any ether legal relation and you are an escrow holder only on the terms expressed herein. and you shall have no responsibility of
notifying me or any of the partial to this escrow of any sale, resale, town, exchange, or other transaction involving any property
herein described or of any profit realised by any person, firm or corporation (broker, agent and parties to this and/or any other
escrow included) in connection therewith, regardless of the fact that such transaction (a) may be handled by you in this escrow or in
another escrow.
These Instructions may be executed in counterparts, each of which so executed shall, Irrespective of the date of Its execution
and delivery, be deemed an original, and said counterparts together shall constitute one and the same instrument.
Any amended, supplemental, or additional instructions given shall be subject to tho foregoing conditions.
THE FOREGOING TERMS, CONDITIONS, PROVISIONS AND INSTRUCTIONS HAVE BEEN READ AND ARE UNDERSTOOD
AND AGREED TO BY EACH OF THE PARTIES -HERETO.
Slgnature..Rob'eT'E"W:"Howe'r'd ........Address .... o%o..Hovard,..Howard... &.Barnat9hone.(714)... 752.9484
4350 Von Kerman Avenue, Suite 350
Signature..Aii%£a"C: "Gey'e"r' Address...11mpnrt..Beaeh,,,.Ca....92660.... 'Phone ........................
Slgnature..FIRST, INTERSTATE BANK OF........... Address.................................................................. 'Phone.......................
tC,ALIFORNIA, AS SUCCESSOR TRUSTEE
Slgnatutt..M7... -........................................................... Address........,.........,............................................... 'Phone........................
Signature........................................................................ Address,............................,.................................... 'Phone........................
11j1RiNrfi..u:..:.:....:r.:u.n.:muuan.nuu.wm.n,uuu,,,uauu, idldtakl....................... .................. I .... I., ............ I.... ' Phone ............... ...«....
0 0
ESCROW INSTRUCTIONS •
Page One
Escrow No.
BUYER AND SELLER
To: FIRST INTERSTATE BANK OF CALIFORNIA
(Escrow Officer Betty ^.,Thomas
) (Telephone 899-2626 )
p4g i guna Hills
Cdj In Cddonua
Dale
Ewow Number
Leisure World
I Laguna Hills
March 26, 1985
1 105-11797D
Prior to the expiration of the time specified in this paragraph, BUYER will hand
you or cause to be handed you $ 585, 000.00
MEMO
Paid Outside of Escrow $ 10,000
Cash Through Escrow $ 585,000
Unpaid Balance of
Encumbrance of Record $
New Encumbrances $
Total Consldaratlon $ ,
00
00
and any additional funds and instruments required from buyer to enable you to
comply with these instructions, all of which you are authorized to use and/or
deliver provided on or before June '28, 1985* instruments have been filed for record entitling you to
procure- First American Title Insurance Co is Standard Owner's or Joint Protection policy of title insurance in the issuing Title
Company's,usual form with its liability for $595, 000.00 the amount of total consideration, on the Lease-
hold interest.created by those certain Leases dated November 9, 1927, between the City of
Newport Beach, as Lessor, and J.A. Beek, Lessee, recorded March 8, 1939 in Book 984, Page
350 and as amended by instruments of record, and Lease dated March 6, 1944 between J.A.
Beek, as Lessor and Grace M. Green, as Lessee, recorded March 7, 1944 in Book 1236, Page
1236 and as amended by instrument of record, Official Records of Ora4ge County, California,
which Leases cover the real property described as follows: The Westerly 45 feet of Lot 3
and the Eapterly 10 feet of Lot 2, as shown upon a record of survey Mapirecorded 9/42 and **
SHOWING TITLE TO THE LEASEHOLD ESTATE ONLY VESTED, IN:.. Rpbert W. Howard
Prior to the.close of this escrow Buyer reserves the right of naming an Assignee to become
the Vestee o$,•the.above described Leasehold interes4, in his place and stead.•IIf. Buyer
elects to name an Assignee, Selleer.will hand you Assignment to the Assignee -so -named.
THE -LAND COVERED BY SAID LEASE IS TO SHOW FREE OF ENCUMBRANCES EXCEPT:
i All . General and Special Taxes for the fiscal year 19 15 , 19 8 including Personal Property Taxes, if any, of
ahy former owner and also including any Special District Levies, payment of which is included therein �nd collected therewith; (THE PARTIES,
HERETO UNDERSTAND THAT THE TRANSFER OF TITLE MAY RESULT IN A'REASSESSMENT OF THE SUBJECT PROPERTY AND THE LEVY OF
A SUPPLEMENTAL TAX, AND THAT A REFERENCE TO REASSESSMENT AND A LIEN FOR SUPPLEMENTAL TAXES MAY APPEAR AS AN '
EXCEPTION IN THE POLICY OF TITLE INSURANCE TO BE OBTAINED HEREIN. YOU ARE TO HAVE NO LIABILITY OR RESPONSIBILITY FON
ANY TAXES ASSESSED AFTER THE CLOSE OF ESCROW; YOUR ONLY RESPONSIBILITY IS TO PRORATE TAXES AS PROVIDED HEREIN.)
Lease described above;
Covenants, conditions, reservations (including exceptions of oil, gas, minerals and -hydrocarbons, without right•of•sudace entry), restrictions, rights,
rights of way and easements for public utilities, districts, water companies, alleys and streets now of record,,if any; I '
*Buyer shall have, At his option; the righfNIE4 4iitend"thd'term Hof this escrow for a period
of thirty-(36) days.
**43 Record of Surveys, on file in the office of the.county recorder; together'with eertain
poieiodd,df• Adj'bing Lots I and H as--shown..upon-'sai.d 14ap..••• : ti'^, L" t -I% I'
Prior: to ;the - close of this escrow, Buyer.. shall: deliver tar you "information -concerning, the
vesting of title in favor eff Buyer. ? "•.:'
.:i I i
The close of this escrow is contingent upon Buyer's approval.of tshe•prelitninary'title '
repartivi.thin three, (3) days of receipt -of same.• Buyer's.!failure to tYatify.you of such ..:
approval or;dieappT9va).,within,�he-time lirRit(,speciged-shgll,.be deemed as Buyer's
approval of same.
Prigr ito the close of escrow, Seller, twill ;Ilejliyer,�to , qu :th&;follgwing, whi6h you, are to
ibh?l'�.;�?r,aslityLx�t4��uYgr%at q],ose of,Pa4E'F': �t?:;•.i" :�'.'
1. Executed copy of Leases Aescribed above.
2. Assignment of said Leases executed by Seller in favor of Buyer and recorded at
buyer's expense.
3. Consent to Assignment by Lessors .w
4. Lessor's offset statement showing that said'Leases are valid and existing, and that.***'
I Assignment !
Insert on favor of vestee, the following name and address to which future ox statements are to be mailed:
(address. -to be later handed you)
Make only the fopowing proration and adfustfnents indicated by -an` "X" as of ! CLo�e`o esCr0V7r in accordance
wqh the,provisions set forth on page two hereof:
T Taxes ❑ Interest on encumbrances) of record b frnpounds , O Mortgage Insuranq� eo[ Om
C} fWgtal£ andLSecuritytDeTosi(s! t ! . ❑,HomsoN(i s Assuia49n Dues, 47,In(erest.gn.ne �e Baemt} 4�tcb(s)`
4 f: re 1pssurar)ce tP[T9ium pove(ing property ggmmor y known.as �Cr ,mac,
Prior to. Vie oate,sgt Iorlf!taboye, SELLER will hand you any fonds a(!d!in rums is necessa og seller'si p n,lq cau;e bQe,� b� 8y
her whichtytou are igsyucted 1p use a)!d delilerl-when yo4 fold for sellers aceoynt the pum off$.;�.$$.aLV.
dpl,lyprable fp selfe(. WtTenlproperty.tiel 9 co�! ey i henl� indjoist tsr+ nc�••�=r� r hdq�i ceer�from in thlg•es rgJj sd�ll -joint rij
Ff4 l}seller'p propeads,•paX $'654.50 pboourtYentaryf ransi'er d, any encumbrances ne kyR$,Rla�e'iiligDI
called for, seller's expenses, and the following: Commissions :-l`t`��,;J� }" v
47t85040, to Grubb &fEllis Broker's- License'#00$1?184) L . t • �� �r �,
2193 ,qan 1o� ui�t HLlls •Roail,LNe�+port',$each"�' Alif "' 92b60 �P��
$1y,8i50.00: to Pon %ed &'associates I�Brdke ' s License" 00829723)
12841 Newport.Ave., Tustin, California 92684
***Les's6is have no offsets against same, no defaults exist thereunder, and that same have
not been modified or 8han$0d in`any manner.
ES•3070 384
GENERAL PROVISIONS Page Two
1. All funds delivered to you pursuant to these instructions shall be deposited in a non•interest bearing account.
2. Unless otherwise provided, make all prorations and adjustmenis 6n the basis of a thirty (30) day month; taxes. including all items appearing on tax
bill except taxes on personaf property not conveyed through this e0row, based on the latest tax statement In your possession unless more recent
figures are furnished you by the title company; interest on encumbrances of record based upon beneficiary statements) which you are to procure
from4he owner of the note secured thereby or the holder for collection; impounds and mortgage insurance premium, if any, based upon the
beneficiary statement(s); rentals and security deposits, it any, based on a statement to be handed you by seller and approved by buyer;
homeowners' association dues, it any, based upon a statement which you are to procure from the homeowners' association, premiums on
insurance policies handed you or from Information set out on beneficiary statement(s); and interest•on new encumbrances by endorsements on
notes. "Close of escrow" is the day instruments are recorded.
3. You may assume and seller guarantees that the premium on any insurance policy which seller hands you or causes to be handed you, or which
is In the possession of the beneficiary, has been paid in full and that said policy has not been hypothecated. You will, as seller's agent, assign
said insurance and forward such policy and/or endorsement forms to be attached thereto, if any, after close of escrow to the agent or insurer,
requesting that the insurer consent to the transfer thereof and/or attachment of loss payable endorsement and make such other additions or
corrections as required, and to forward such policy and/or endorsements directly to the parties entitled thereto
4. No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. Seller agrees to
pay, outside of escrow, and before delinquency, all taxes on personal properly not conveyed through this escrow which appear as a lien on
above described property and you are not to be concerned therewith.
S. Regardless of the consummation of this escrow, seller agrees to pay on demand all charges and expenses Incurred by you on behalf of seller,
including but not limited to charges for assurance and/or reports of title, for sending in offset or beneficiary statements and/or demands, drawing
and acknowledging instruments executed by seller, seller's conveyancing and recording charges including recording purchase price en-
cumbrances, transfer of insurance if prorated, seller's portion of prorate adjustments, and seller's escrow fee as charged. Regardless of the
consummation of this escrow, buyer agrees to pay on demand all charges incurred by you on behalf of buyer including but not limited to charges
foe recording deed, notary fees on documents executed -by buyer, for mortgage clause on insurance, for drawing trust deed, cost of drawing and
recording any other instruments necessary on buyer's part to complete this escrow, buyer's portion of prorate adjustments, and buyer's escrow
fee as charged.
6. Instruct the title company to begin search of title at once. Deliver assurance of title to holder of first encumbrance, or order, if any. Make
disbursements by your check and mail all checks anddocuments to the parties entitled thereto by regular mad to their respective addresses
.shown herein.
7. Instruct the County Recorder to mail recorded documents to the parties entitled thereto at their respective addresses shown harem. Recordation of
any instruments delivered through this escrow, if necessary or proper for the Issuance of the policy of title insurance called for, is authorized.
8. Seller authorizes you, out of the proceeds accruing to seller at the close of escrow, to pay all brokers' commissions hereinafter authorized by
seller.
9. You are to have no duty or liability with the giving of any disclosures required by Federal or State Law, specifically including Regulation Z. which
may or should have been given outside of this escrow. You are to have no duty or liability regarding any law, ordinance or government regulation
(including but not limited to any reports or disclosures required by Federal. Stale or other governmental bodies) restricting or regulating or
prohibiting the sale, conveyance, use or enjoyment of the property which is the subject of this escrow, or the effect of any violation of any such
law, ordinance or government regulation.
10. If the conditions of this escrow have not been complied with at the time herein provided, you are nevertheless to complete the same as soon as
the conditions (except as to time) have been complied with, unless any party to this escrow shall have made written demand upon you for the
return of money and/or instruments deposited by such party.
11. In the event conflicting demands are made or notices served upon you with respect to this escrow, the parties hereto expressly agree that you
shall have the absolute right at your election to do either or both of the following: Withhold and stop all further proceedings in. and performance of
this escrow, or file a suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate in such court their several
claims and rights amongst themselves. In the event such interpleader suit is brought, you shall ipso facto be fully released and discharged from all
obligations to further perform any and all duties or obligations imposed upon you in this escrow, and the parties jointly and severally agree to pay
you all costs, expenses, and reasonable attorney's fees expended or Incurred by you, the amount thereof to be fixed and a judgment therefor to
be rendered by the court in such suit.
12. You are not to be held liable for the sufficiency or correctness as,to form, manner of execution, or validity of any instrument or other document
deposited in this escrow, nor as to identity, authority, or rights of any person executing the same, nor for failure to comply with any of the
provisions of any agreement, contract, or other instrument filed herein,or referred to herein, and your duties hereunder shall be limited to the
safekeeping of such money, instruments, or other documents received by you as escrow holder, and for the disposition of same in accordance
with the written instructions accepted by you in this escrow.
13. All parties hereto agree, jointly and severally, to pay on demand, as well as to indemnify you and hold you harmless from and against all costs,
damages, judgments, attorney's fees, expenses, obligations and liabilities of any kind or nature which, in good faith, you may incur or sustain ,n
connection with or arising out of this escrow, and you are hereby given a lien upon all the rights, titles and interest of each of the undersigned in
all escrowed papers and other property and monies deposited In this escrow, to protect your rights and to Indemnity and reimburse you under
this agreement.
14, It Is agreed by the parties hereto that so far as your rights and liabilities are concerned, this -transaction is an escrow and not any other legal
relation and you are an escrow holder only on the terms expressed herein, and you shall have no responsibility of notifying me or any of the
parties to -this escrow of any sale, resale, loan, exchange, or other transaction involving any property herein described or of any profit realized by
any person, firm or corporation (broker, agent, and parties to this and/or any other escrow included) in connection therewith, regardless of the fact
that such Iransaction(s) may be handled by you in this escrow or in another escrow.
15. You are authorized to furnish copies of these and any additional instructions, closing statements, and information as to buyers' and sellers' closing
dusts to any lender, and/or real estate agent receiving a commission herein, upon their request.
16. Any amended, supplemental, or additional Instructions given shall be subject to the foregoing conditions. NO NOTICE, DEMAND OR CHANGE
OF INSTRUCTIONS SHALL BE OF ANY EFFECT IN THIS ESCROW UNLESS GIVEN IN WRITING BY ALL PARTIES AFFECTFD THEREBY,
17, These instructions may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be
deemed an original, and said counterparts together shall constitute one and the same instrument.
18. The parties to this escrow instruction authorize escrow holder to destroy these and all other instructions and records in this escrow at any time
after five (5) years from dosing date.
THE FOREGOING TERMS, CONDITIONS, PROVISIONS AND INSTRUCTIONS HAVE BEEN READ AND ARE UNDERSTOOD AND
AGREED TO BY THE UNDERSIGNED BUYER AND SELLER.
BUYER
Sgneture
Street Address, Cey and Zip
c/o Howard Howard & Barnard
ToeWwoe
714 752-9484
Roberr W. IMwaril4350
Von Karmen Avenue, Suite 350
Newport Beach Ca. 92660 `
SELLER
Issue your check for balance in favor of Parties shown below
and mail to: them, at the Address
FIRST INTERSTATE
OF
Attn:
Box
shown below
hyi
m7w
-- Anim dz 6a"r___ _ --
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
March 19, 1984
TO: TED KRAMP, DATA PROCESSING MANAGER
FROM: City Manager
SUBJECT: LOT NO. 3 BEACON BAY
Effective January 12, 1983, Lot 3 Beacon Bay changed
owners as a result of death to Robert L. Geyer. The new pay-
ments will be calculated on 2 1/2% of $450,000 ($11,250) minus
the annual Beek payment ($793.76) divided by 12 months, or a
monthly total of $871.35.
Please calculate the back payments, starting with
January 12, 1983, based on the $871.35 per month. All bills
should be sent to -
First Interstate Bank of California
P.O. Box 1830
Newport Beach, Calif. 92658-0918
Attn: Sandra Neal, Assistant Trust Officer
pauv`� ROBERT L.
CC: Executive Assistant
r
CITY OF NEWPORT BEACH
(714) '640-2151
March 19, 1984
First Interstate Bank of California
Trust Deparment
P".0. Box 1830
Newport Beach, Calif. 92658-0918
)% - -no., to 9 ,
Attention: Sandra C. Neal, Assistant Trust Officer
Dear Ms. Neal:
Please execute, by signing on Page 6 of the Agreement to Lease
on Do not sign the'lease itself shown as Exhibit "C". That
document ill be executed on December 31, 1987. After you have
proper signed as the Lessee (s) on Page 6 of the Agreement to
Lease, return both copies to me for City execution. We will then
return cue fully executed copy of the document back to you.
In the meantime, will commence billing you effective January
12, 1983, for 871.3 r month. This is the new monthly rate
based on the value of the ta"te of $450,.000.
If you have any questions, ple se give me a call.
Y
S� e ,
ROBERT L. WYNN
City Manager
Attachments (2)
City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663
DFirst
Interstate
Bank
March 16, 1984
First Interstate Bank
of California
Trust Department
Box 1830
Newport Beach, CA 92658.0918
714 558.5411
Mr. Robert L. Wynn
City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Re: Robert L. Geyer Trust
Trust No. 344-2109428-005
Anita C. Geyer Trust
Trust No. 344-1209429-000
Dear Mr. Wynn:
As you know, First Interstate Bank of California is the Successor
Trustee under the Robert L. Geyer Trust. We are also acting as
Custodian for Anita C. Geyer. In accordance with your letter of
January 26, 1984, addressed to Ms. Kitty Bryner at First American
Trust Company, enclosed is a copy of the Inventory and Appraise-
ment which reflects the date of death (June 22, 1982) value of the
property located at No. 3 Beacon Bay, Newport Beach. This property
is described in Item No. 4 of Attachment No. 2 to the Inventory and
Appraisement filed February 9, 1983, in the Estate of Robert L. Geyer,
deceased, Case No. A-114064, Orange County Superior Court. Also
attached is a copy of Schedule B, Referee's Inventory and Appraise-
ment, which corrects the description of Item 4 on Attachment No. 2
of the Inventory and Appraisement.
As requested, also enclosed is our Trust Check Number 4100003559
in the amount of $50.00.
If you have any questions, please call (714) 558-5410.
Sincerel
Sandra C. Neal
Assistant Trust
SCN:ab
Enclosures
0
__" I
Officer
The Official Bank of the 1984 Olympics
CITY OF NEWPORT BEACH
January 26, 1984
Ms. Kitty Bryner, Assistant Trust Officer
First American Trust Company
P.O. Box 267
Santa Ana, California 92702
Dear Ms. Bryner:
Thank you for your letter of January 12, 1984, con-
cerning the disposition of the Robert L. Geyer
Estate. Pursuant to the Agreement to Lease document,
a copy of which was submitted to ,you in 1982, the
rent for the transfer, which has now been accomplished,
is to be adjusted to 2 1/2% of the actual sales value,
or value of the leasehold estate, as established by
the Assessor of Orange County or verified by lessor.
It is, therefore, being requested that you provide
me with the document appraising the property of Robert
L. Geyer, or a certified copy of the appraised value,
which was used in the settlement of the estate. This
information should be accompanied with a check in the
amount of $50.00. When this information is received
the City will compute the rental and issue a new
lease as requested in your letter of January 12th.
Additionally, the City will bill you for the rental pay-
ments.
Sincerely,
c t
ROBERT L. WYNN
City Manager
CC: Mr. Kenneth Delino, Executive Asst.
Mr. Ted Kramp, Data Processing Manager
City Hall • 3300 Newport Boulevard, Newport Belch, California 92663
^' 05•S AMERIO •
First American Trust Company
421 NORTH MAIN STREET (P. 0. BOX 267) • SANTA ANA, CALIFORNIA 92702 • (AREA 714) 5583211
January 12, 1984
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Trust Account #01-0030-00 - Geyer Estate
Lot No. 3 - Beacon Bay
Attn: Robert L. Wynn
City Manager
Dear Mr. Wynn:
The above described property is to be distributed from the
Estate of Robert L. Geyer as follows:
Undivided 1/2 Interest to
First Interstate Banff: of California
Successor Trustee
Robert L. Geyer Trust
Undivided 1/2 Interest to
Anita C. Geyer
An Unmarried woman
Please bill First Interstate Bank of California for future
lease payments, P.O. Box 1830, Newport Beach California
92658-0918, Attention: Sandra Neal. Account #344-2109428-000.
First Interstate Bank is also handling the payments for Anita
C. Geyer in a Custodial capacity under Account #344-1209429-000.
Please furnish any required information relative to the
issuance of a new executed lease from the City.
Thank you for your assistance in this regard.
Sincerely,
Kitty Bryner \
Assistant Trus Officer
F�First
Interstate
Bank
tilts Pee
Appraa iser
First Interstate Bank
of California
4667 MacArthur Blyd.
Newport Beach, CA 92663
714 558.5498
1 ! •
CITY OF NEWPORT BEACH
(714) 640-2151
August 31, 1982
Ms. June Wright, Assistant Trust Officer
First American Trust Company
421 North Main Street
Santa Ana, California 92701
Re: 1-00300, Estate of Robert L. Geyer
Lot No. 3 - Beacon Bay
Dear Ms. Wright:
Enclosed you will find a copy of the Agreement to
Lease currently being used by the City of Newport
Beach. Robert L. Geyer has executed the subject
lease and he or his family, therefore, will have
the executed copy.
Please keep us notified of any transfer of this
property so that we can appropriately bill the new
lessee. Additionally, advise any new lessee that
they must obtain an executed lease from the City be-
fore they close escrow and move in to the residence.
rely,
^f,G�
ROBERT L. WYNN
City Manager
Enclosure
,,a b-b-3
City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663
Ia
L
First American Trust Company
421 NORTH MAIN STREET - SANTA ANA, CALIFORNIA 92701
558.32t1
JONE WRIGHT
Assistant Trust Officer
August 23, 1982
Robert Wynn
City Manager
P.O. Box 1768
Newport Beach, CA 92663
RE: 1-00300, Estate of Robert L. Geyer
Lot No. 0003 - Beacon Bay
Dear Mr. Wynn:
R2'��
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First American Trust Company has been appointed Executor
of the Estate of Robert L. Geyer, who died on June 22,
1982. A copy of our Letters Testamentary is enclosed
evidencing this fact.
Mr. Geyer owned property located at #3 Beacon Bay, and
we would appreciate receiving from you a copy of the
lease agreement regarding.this property. We would also
appreciate your directing all future billings to:
First American Trust Company
Executor of the Estate of Robert L. Geyer
P. 0. Box 267
Santa Ana, CA 92702
Attention: June Wright
Please contact me should you have any questions.
Sincerely,
W e
Wright ^
Assistant Trust Officer
JW/ms
1.
NAME AND AUDRESS OF ATTORNEY: TELEPHONE NO.: FOR COURT USE ONLY
Rutan & Tucker (R. Risley) (714) 641-5100
611. Anton Blvd., Suite 1400
Costa Mesa, California 92626 L
ATTORNEY FOR: Petitioner ATTORNEY BAR 33002
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUL 2.8 1982
700 Civic Center Drive West
Post Office Box 838 A• BRANCH, �trnty Clerk
Santa Ana, CA 92702 ' i
ESTATE OF:
ROBERT L. GEYER
• - DECEDENT
I Case Number.,
LETTERS [
l "g, TESTAMENTARY Q OF ADMINISTRATION A-11.4064
Q OF ADMINISTRATION WITH WILL ANNEXED Q OF SPECIAL ADMINISTRATION
STATE OF CALIFORNIA, COUNTY OF . QRANGE
T. ® The last will of the above -named decedent having ' 'AFFIRMATICN
been proved, the court appoints (Name): First Solelly
American Trust Company, a California that I am an officer, to-rmit, .-
Corporation of First American Trust Company, and am at.
a. =Executor. rized to make and subscribe affirmations or:
b. Q Administrator with;will annexed. its behalf, and that said First Anerican `
Conpany will perform the duties of persor:_ 1.
2. The court appoints (Name): representative according to law.
a. Q Administrator of the decedent's estate.
b. C] Special administrator of decedent's estate
(1) Q with the special powers specified
In the Order for Probate
(2) Q with the .powers of a general ad-
ministrator.
3. The personal representative ®'is Q Is not author-
ized to aaminister the estate under The Independent
Administration of Estates Act.
WITNESS, the clerk of the above -entitled court, with seal
of the court affixed.
JUL2 810
Dated:. . . . . . . . . . . . . . . . . .
Clerk, by WALTER T. KING , Deputy
N
A [SEAL)
m
e
Executed on n r , 1982 a
Santa Ana, California l
5.
3nattzre-- -- -- --• -
3TIFICATION
I certify that this document is -_ correct corny of tha orinl-
,nal on file in my office, and :hat the letters Issueo
above, -appointed person have not been revoB.•t, an-
nulled, or set aside, and are still in full force and effect.
JUL 2 8 1982
Dated:. . . .. . . . . . . . . . . .
Clerk, by Deputy
4 . w
[S E A'.zn,rnr
LL
b� •Form Approved by the
Jud¢ial Council of Cal,fornia
Effective July 1. 1975
LETTERS
Prob C 463. 465. $01. 502. 540
CCP 2015 6
R
5T AMEq
♦ y
nal
4
First American Trust Company
421 NORTH MAIN STREET IP. O. BOX 267) • SANTA ANA, CALIFORNIA 92702 • (AREA 714) 559.3211
January 12, 1984
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Trust Account #01-0030-00 - Geyer Estate
Lot No. •3 - Beacon Bay
Attn: Robert L. Wynn
City Manager
Dear. Mr. Wynn:
The above described property is to be distributed from the
Estate of Robert L. Geyer as follows:
Undivided 1/2 Interest to
First Interstate Banff: of California
Successor Trustee
Robert L. Geyer. Trust
Undivided 1/2 Interest to
Anita C. Geyer
An unmarried woman
Please bill First Interstate Bank of California for future
lease payments, P.O. Box. 1830,•Newport Beach California
92658-0918, Attention: Sandra Neal. Account #144-21.09428-000.
First Interstate Bank is also handling the payments for Anita
C. Geyer in a Custodial capacity under Account #344-1209429-000.
Please furnish any required information relative to the
issuance of a new executed lease from the City.
Thank you for your assistance in this regard.
Sincerely,
Kitt�r\•
Assistant Trust Officer