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HomeMy WebLinkAboutC-7298-6 - Beacon Bay, 33 - Assignment and Assumption of Lease 202412/18/24, 3:36 PM Batch 18504350 Confirmation Recording Requested By and When Recorded Return To: City of Newport Beach City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II jIIIIIIII1II III1IIIIII II NO FEE *$ R 0 0 1 5 3 0 5 3 6 4 $ * 2024000329231 1:30 pm 12/18/24 90 CRSC06 A38 A34 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT AND ASSUMPTION OF LEASE ("Assignment") is made and entered into as of this to day of DEc-Gnm g3e>z , 2024 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City"), Timothy Hodges, a married man as his sole and separate property ("Assignor"), and Timothy William Hodges and Thanhhai Tran Hodges as trustees of The Tim and Tiffany Hodges Revocable Trust, established May 20, 2013 ("Assignee"). Lessor, Assignor and Assignee are sometimes individually referred to herein as "Party" and collectively as the "Parties." RECITALS A. On July 13, 1994, Lessor and Robert V. Hodges and Marilyn W. Hodges, Trustees of the Hodges Family Trust dated June 15, 1981, entered into a fifty (50) year lease with Lessor ("Lease") for the real property commonly known as Beacon Bay Lot 33, and legally described as: Lot 33 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 ("Property"). B. The Lease was evidenced by a Memorandum of Lease recorded on December 7, 1994, as Instrument No. 94-0701496 in the Official Records of Orange County. C. On October 12, 2016, Robert V. Hodges died, as evidenced by an Affidavit — Death of Trustee, recorded on October 17, 2017, as Instrument No. 2017000440803 in the Official Records of Orange County. D. Assignor and Assignee represent that upon the death of Robert V. Hodges, without notice to Lessor, the leasehold interest transferred to Marilyn W. Hodges, as the sole surviving trustee of the Hodges Family Trust dated June 15, 1981, as amended. https://gs.secure-erds.com/Batch/Confirmation/l8504350 1/2 Recording Requested By and When Recorded Return To: City of Newport Beach City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 -13 an THIS SPACE FOR RECORDER'S USE ONLY cording ees Pursuant to GovernFi ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT AND ASSUMPTION OF LEASE ("Assignment") is made and entered into as of this lv day of vtc-Em ,:5r rz , 2024 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City"), Timothy Hodges, a married man as his sole and separate property ("Assignor"), and Timothy William Hodges and Thanhhai Tran Hodges as trustees of The Tim and Tiffany Hodges Revocable Trust, established May 20, 2013 ("Assignee"). Lessor, Assignor and Assignee are sometimes individually referred to herein as "Party" and collectively as the "Parties." RECITALS A. On July 13, 1994, Lessor and Robert V. Hodges and Marilyn W. Hodges, Trustees of the Hodges Family Trust dated June 15, 1981, entered into a fifty (50) year lease with Lessor ("Lease") for the real property commonly known as Beacon Bay Lot 33, and legally described as: Lot 33 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 ("Property"). B. The Lease was evidenced by a Memorandum of Lease recorded on December 7, 1994, as Instrument No. 94-0701496 in the Official Records of Orange County. C. On October 12, 2016, Robert V. Hodges died, as evidenced by an Affidavit — Death of Trustee, recorded on October 17, 2017, as Instrument No. 2017000440803 in the Official Records of Orange County. D. Assignor and Assignee represent that upon the death of Robert V. Hodges, without notice to Lessor, the leasehold interest transferred to Marilyn W. Hodges, as the sole surviving trustee of the Hodges Family Trust dated June 15, 1981, as amended. E. Assignor and Assignee represent that the leasehold interest again transferred, without notice to Lessor, to Marilyn W. Hodges, as sole trustee of the Hodges Survivors Trust, created from the Hodges Family Trust Established June 15, 1981, as amended, as evidenced by a Quitclaim Deed recorded on October 17, 2017, as Instrument No. 2017000440802 in the Official Records of Orange County. F. Assignor and Assignee represent that on April 14, 2018, Timothy Hodges was appointed an additional trustee of the Hodges Family Trust dated June 15, 1981. G. On May 14, 2022, Lessor and Marilyn W. Hodges, as sole trustee of the Hodges Survivors Trust, entered into an Amendment No. One to Lease to amend the name of the lessee identified in the Lease to be Marilyn W. Hodges, Trustee of the Hodges Survivors Trust created from the Hodges Family Trust Dtd 6-15-81, as amended, and to amend the insurance requirements as set forth in the Lease. H. On February 27, 2024, Marilyn W. Hodges died, as evidenced by an Affidavit — Death of Trustee, recorded on April 5, 2024, as Instrument No. 2024000085031 in the Official Records of Orange County. Assignor and Assignee represent to that upon the death of Marilyn W. Hodges, the leasehold interest transferred to Timothy Hodges, Trustee of The Hodges Family Trust dated June 15, 1981, as amended. J. On October 23, 2024, pursuant to that certain Assignment and Assumption of Lease, recorded on October 23, 2024, as Instrument No. 2024000276893 in the Official Records of Orange County, Timothy Hodges, Trustee of The Hodges Family Trust dated June 15, 1981, assigned all of its right, title and interest to the Lease to Assignor. K. Assignor now desires to transfer, convey, assign, and set over unto Assignee, and Assignee desires to accept and assume same from Assignor, all of the right, title, and interest of Assignor as tenant in, to, and under the Lease. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein, and for such other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: 1. Assignment. As of the Effective Date, Assignor hereby assigns, transfers and sets over unto Assignee, his successors and permitted assigns, all of the right, title and interest of Assignor as tenant in, to and under the Lease. This assignment shall be subject to each and all of the covenants, conditions and restrictions set forth in the Lease and shall be subject to all rights and interests of the City thereunder, except as herein otherwise provided. 2. Assumption. As of the Effective Date, Assignee, for himself and his successors and permitted assigns, hereby accepts and assumes the Lease and agrees to timely pay, perform, observe and discharge all of the covenants, conditions, Assignment and Assumption of Lease (Lot 33) Page 2 agreements, terms and obligations to be performed as tenant under the Lease. Assignor shall have no liability for any obligations arising under the Lease as of the Effective Date. 3. Consent. The City does hereby consent to the assignment of Assignor's interest in and to the Lease to Assignee, subject to the terms and conditions of this Assignment. 4. Indemnity. Assignor and Assignee shall defend, indemnify and hold the City harmless from all costs, expenses, claims, causes of action or damages (including, without limitation, reasonable attorney fees and costs), which may arise out of or in connection with this Assignment. 5. Exempt Transfer. The transfer effectuated by this Assignment is an exempt transfer pursuant to Section 3(13)(3)(g) of the Lease because the transfer is to a living trust, and shall not operate to increase rent. 6. Binding Effect. This Assignment and all provisions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. 7. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 8. Entire Agreement. This Assignment represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. The Recitals set forth above are incorporated herein by this reference. 9. Interpretation. The terms of this Assignment shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Assignment or any other rule of construction which might otherwise apply. 10. Amendments. This Assignment may be modified or amended only by a written document executed by the Parties approved as to form by the City Attorney. 11. Severability. If any term or portion of this Assignment is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Assignment shall continue in full force and effect. 12. Controlling Law and Venue. The laws of the State of California shall govern this Assignment and all matters relating to it and any action brought relating to this Assignment shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Assignment and Assumption of Lease (Lot 33) Page 3 13. No Attorneys' Fees. In the event of any dispute or legal action arising under this Assignment or the Lease, the prevailing party shall not be entitled to attorneys' fees. 14. Counterparts. This Assignment may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Assignment and Assumption of Lease (Lot 33) Page 4 IN WITNESS WHEREOF, the parties have caused this Assignment to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: , alron C. Harp ►l I4014yVX, dity Attorney ATTEST: Date: �h By:l�_'.Il, ��� •�% %tile Brow'�n/ City Clerk CITY: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: 2 Zo L By: �KLeung ity Manager ASSIGNOR: TIMOTHY HODGES, a married man as his sole and separate property Date: Bv: Signed in Counterpart Timothy Hodges ASSIGNEE: TIMOTHY WILLIAM HODGES AND THANHHAI TRAN HODGES AS TRUSTEES OF THE TIM AND TIFFANY HODGES REVOCABLE TRUST, ESTABLISHED MAY 20, 2013 Date: Signed in Counterpart By: Timothy William Hodges, Trustee Date: Signed in Counterpart By: Thanhhai Tran Hodges, Trustee [END OF SIGNATURES] Assignor and Assignee must sign in the presence of a notary public Assignment and Assumption of Lease (Lot 33) Page 5 IN WITNESS WHEREOF, the parties have caused this Assignment to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: 'ron C. Harp 11Iw�3y� City Attorney ATTEST: Date: in Signed in Counterpart Leilani I. Brown City Clerk CITY: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: Signed in Counterpart Grace K. Leung City Manager ASSIGNOR: TIMOTHY HODGES, a married man as his sole and separate property Date: l 2 1X /7aZ41 By: Timothy Hodges ASSIGNEE: TIMOTHY WILLIAM HODGES AND THANHHAI TRAN HODGES AS TRUSTEES OF THE TIM AND TIFFANY HODGES REVOCABLE TRUST, ESTABLISHED MAY 20, 2013 Date: 2 ZOZ BY71;�- Timothy Willia odges, Trus e Date: / 7. / is / ZO Z By: v Thanhhai T n H dges, Trustee [END OF SIGNATURES] Assignor and Assignee must sign in the presence of a notary public Assignment and Assumption of Lease (Lot 33) Page 5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of OR } ss. On 12 . 10 , 20 2 `-I before me, J E i'J N r f )Z P N N M u t—\(E, Notary Public, personally appeared GIZ O (-e (--C'JNLto , who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s-) is/afire subscribed to the within instrument and acknowledged to me that hE/she/thay-executed the same in hasher/their authorized capacity(ies), and that by fags/her/ttietr signatures(s)-on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Inv hand and official seal. Sign R , ' JENNIFER ANN MULVEY ,Votary Public • California _ .. Orange County Commission # 2375299 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. (seal) On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Assignment and Assumption of Lease (Lot 33) Page 6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of ®���RtCL� // } ss. 11 On ��'°'u- �P 20� before me, Notary Public, personally appeared d ' t l (i aa..,% 1L who proved to me on the basis of satisfactory evidence to be the pers n(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A - ARLIN PAUL NESE;R WITNESS my hand and official seal. NotaOryraublifornia q n9e'Counry Commission # 2445715 J L My Comm. Expires May 7, 2027 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of ® V'I e } ss. On bf—d"A LW 20 ZA before me, AVIl $ VA Psi i� ' Notary Public, personally appeared T- h l r` , proved to me on the basis of satisfactory evidence to be the person(s) hose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ARLIN PAUL NESE WITNESS my hand and official seal, a °� NotaryPublic- Califomia N N ® Orange County Commission # 2445715 My Comm, Expires May 7, 2027 Signature (seal) Assignment and Assumption of Lease (Lot 33) Page 7