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HomeMy WebLinkAboutC-7313-13 - Beacon Bay, 63 - Assignment and Assumption of Lease 20256/19/25, 12:30 PM Batch 19397608 Confirmation Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk APN: 050-212-11 and 988-880-32 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I II IIII II I II IIII III IIII III NO FEE *$ R 0 0 1 5 6 4 3 4 7 2$ 2025000175248 10:33 am 06/19/25 90 CR-SC06 A34 A38 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 0.00 0.00 ABOVE THIS LINE FOR RECORDER'S EXEMPT FROM RECORDING FEES PER CAL, GOV. CODE §§ 6103 AND 27383 ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT AND ASSUMPTION OF LEASE ("Assignment") is made and entered into as of this ICC1 day of--P r�'�2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("Lessor" or "City"), and SUSAN SMITH ANDERSON, an individual ("Assignor") and SUSAN SMITH ANDERSON and DANA JENKINS O'DONNELL, as co -trustees of the SUSAN SMITH ANDERSON LIVING TRUST ESTABLISHED JUNE 15, 2015,("Assignee"). Lessor and Assignee are sometimes individually referred to herein as "Party" and collectively as the "Parties." RECITALS A. On June 20, 1994, Lessor and Samuel. D. Anderson and Mary Ann H. Anderson, Trustees of the Samuel and Mary Ann Anderson Trust dated March 22, 1979 ("Original Trust"), entered into a fifty (50) year lease with Lessor ("Lease"), for the real property commonly known as Beacon Bay Lot 63, and legally described as: Lot 2 of the eastside addition to Beacon Bay recorded on Official Maps Book 2, Page 30 in the Office of the County Recorder, County of Orange, State of California, sometimes referred to as Beacon Bay Lot 63 ("Property"). B. The Lease was evidenced by a Memorandum of Lease recorded on December 7, 1994, as Instrument No. 94-0701475 in the Official Records of Orange County ("Official Records"). C. On November 23, 2000, Mary Ann H. Anderson died, evidenced by an Affidavit — Death of Trustee recorded on June 23, 2004, as Instrument No. 2004000566649 in the Official Records. D. Assignor and Assignee represent that upon the death of Mary Ann Anderson, without notice to Lessor, the leasehold interest transferred to Samuel D. Anderson, as the sole surviving trustee of the Samuel D. Anderson Trust ("Sole Surviving Trustee"), created under the Samuel and Mary Ann Anderson Trust, dated March 22, 1979. https://gs.secure-erds.com/Batch/Confirmation/l9397608 3/6 Recording Requested By and When Recorded Return To: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Clerk ABOVE THIS LINE FOR RECORDER'S USE) APN: 050-212-11 and 988-880-32 EXEMPT FROM RECORDING FEES PER CAL. GOV. CODE §§ 6103 AND 27383 ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT AND ASSUMPTION OF LEASE ("Assignment") is made and entered into as of this I Ct day of-&y,G2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("Lessor" or "City"), and SUSAN SMITH ANDERSON, an individual ("Assignor") and SUSAN SMITH ANDERSON and DANA JENKINS O'DONNELL, as co -trustees of the SUSAN SMITH ANDERSON LIVING TRUST ESTABLISHED JUNE 15, 2015,("Assignee"). Lessor and Assignee are sometimes individually referred to herein as "Party" and collectively as the "Parties." RECITALS A. On June 20, 1994, Lessor and Samuel D. Anderson and Mary Ann H. Anderson, Trustees of the Samuel and Mary Ann Anderson Trust dated March 22, 1979 ("Original Trust"), entered into a fifty (50) year lease with Lessor ("Lease"), for the real property commonly known as Beacon Bay Lot 63, and legally described as: Lot 2 of the eastside addition to Beacon Bay recorded on Official Maps Book 2, Page 30 in the Office of the County Recorder, County of Orange, State of California, sometimes referred to as Beacon Bay Lot 63 ("Property"). B. The Lease was evidenced by a Memorandum of Lease recorded on December 7, 1994, as Instrument No. 94-0701475 in the Official Records of Orange County ("Official Records"). C. On November 23, 2000, Mary Ann H. Anderson died, evidenced by an Affidavit — Death of Trustee recorded on June 23, 2004, as Instrument No. 2004000566649 in the Official Records. D. Assignor and Assignee represent that upon the death of Mary Ann Anderson, without notice to Lessor, the leasehold interest transferred to Samuel D. Anderson, as the sole surviving trustee of the Samuel D. Anderson Trust ("Sole Surviving Trustee"), created under the Samuel and Mary Ann Anderson Trust, dated March 22, 1979. E. On December 20, 2001, the Original Trust was amended to rename it to "The Samuel D. Anderson Trust" as the "Survivor's Trust." F. On December 21, 2001, Samuel D. Anderson married the Assignee, as evidenced by that certain License and Certificate of Marriage issued by the County of Orange on December 11, 2001. G. Assignor and Assignee represent that on January 17, 2013, a Seventh Amendment to the Survivor's Trust designated Samuel Dale Anderson, Jr. and Ann Arledge Anderson Stevenson, as successor co -trustees ("Co -Trustees") under the Survivor's Trust. H. Assignor and Assignee represent that the leasehold interest again transferred, without notice to the Lessor, to Samuel D. Anderson, as the Survivor's Trust, created under the Samuel and Mary Ann Anderson Trust, dated March 22, 1979, as evidenced by an Assignment of Lease recorded on October 1, 2013, as Instrument No. 2013000563914 in the Official Records. On April 6, 2022, Samuel D. Anderson died, as evidenced by that certain Certificate of Death issued by the County of Orange on April 20, 2022. J. Assignor and Assignee represent that upon the death of Samuel D. Anderson, the leasehold interest transferred to the Assignee, by operation of the Eighth Amendment to the Survivor's Trust, dated November 20, 2013. K. On March 27, 2025, pursuant to that certain Assignment and Assumption of Lease, recorded on May 7, 2025, as Instrument No. 2025000132395 in the Official Records, Samuel Dale Anderson, Jr. and Ann Arledge Anderson Stevenson, successor co -trustees of the Samuel D. Anderson Trust, assigned all of its right, title, and interest to the Lease to Assignor. L. 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 of the mutual covenants of Parties hereto and for 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, their 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 themselves and their successors and permitted assigns, hereby accepts and assumes the Lease and agrees Assignment and Assumption of Lease (Lot 63) Page 2 to timely pay, perform, observe and discharge all of the covenants, conditions, agreements, terms and obligations to be performed as tenant under the Lease. 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(B)(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 and Assumption of Lease (Lot 63) Page 3 Assignment shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 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 63) Page 4 IN WITNESS WHEREOF, the parties have caused this Assignment and Assumption of Lease to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 511417- 5 By: Aarori C. Harp City Attorney 5 6 ATTEST: Date: By: Moll) Interi CITY: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: & / rR 202-5 By: G . Leung S.KManager ASSIGNOR: SUSAN SMITH ANDERSON, an individual Date: Signed in Counterpart Bv: Susan Smith Anderson ASSIGNEE: SUSAN SMITH ANDERSON and DANA JENKINS O'DONNELL, co -trustees of the SUSAN SMITH ANDERSON LIVING TRUST ESTABLISHED JUNE 15, 2015 Date: Signed in Counterpart By: Susan Smith Anderson Co -Trustee Date: Bv: Signed in Counterpart Dana Jenkins O'Donnell Co -Trustee [END OF SIGNATURES] Assignor and Assignee must sign in the presence of a notary public Assignment and Assumption of Lease (Lot 63) Page 5 IN WITNESS WHEREOF, the parties have caused this Assignment and Assumption of Lease to be executed on the dates written below. APPROVED AS TO FORM: CITY: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation and charter city Date: ,� g / 2 Date: By: By: A on C. Harp ti� Grace K. Leung City Attorney City Manager ATTEST: ASSIGNOR: SUSAN SMITH Date: ANDERSON, an individual LIM Leilani I. Brown City Clerk Susan D. By - SmTt7k-A—nderson ASSIGNEE: SUSAN SMITH ANDERSON and DANA JENKINS O'DONNELL, co -trustees of the SUSAN SMITH ANDERSON LIVING TRUST ESTABLISHED JUNE 15, 2015 Date: ©� - IPF /F 40, ' y AndersonSusan Smith Date: By: -� Dana Jenkins qonnell Co -Trustee [END OF SIGNATURES] Assignor and Assignee must sign in the presence of a notary public Assignment and Assumption of Lease (Lot 63) Page 5 Clear Form All-purpose Acknowledgment California 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 On before me, W. personally appeared [�Mh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (here insert name and title of the officer), .Ali I e4ili Oil III III III Bit III Ili llltilo L _ JESSICA HARRIS COMM. #2485638 z Z . NOTARY PUBLIC - CALIFORNIA yV ORANGE My Commission Expires 03/28/2028 Iloilo 111611111111111111111 I111lo I/Ur Notary Seal V ,T SS my ha d and official seal. Signature For Bank Purposes my Description of Attached Document Type or Title of DocumentSs��lnnn" �hd ��`��UYYIPIZUY� Document Date N lv-)r Number of Pages Signer(s) Other Then Named Above , V I VA_ Account Number (if applicable) N iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillI DSG5350CA/595577 (Rev06 - 09/24) 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 'D20-r'j&e ss. On 18 , 20 Z ';; before me, JCNI--�} FCEP— CNN mo L,-j H Notary Public, personally appeared (�P, C-L- 4� - L-EU Nt h , who proved to me on the basis of satisfactory evidence to be the person(-6+ whose name(-) is/are subscribed to the within instrument and acknowledged to me that .he/she/they executed the same in has/her/thei-r authorized capacity(es-), and that by -his/-her/t1ieir signatures(&-) on the instrument the person(s}, or the entity upon behalf of which the person(6) 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. Sig 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 63) Page 7 q 2 280 D+ 67 ® e qSearch Insured Name Beacon Bay (63) / Samuel & Susan Ander Beacon Bay (63) / Samuel & Susan Active Records Only Advance Search Insured Tasks Admin Tools View s:t Insured Notes History �= Deficiencies Coverages Requirements Add Edit Help Video Tutorials sit Insured Name: Account Number: Address: Status: Insured Beacon Bay (63) / Samuel & Susan Anderson n FV00000252 63 Beacon Bay, Newport Beach, CA, 92660 Referral Compliant with Waived Deficiencies. Business Unit(s) Print Insured Info Account Information Account Number: FV00000252 Risk Type: Beacon Bay 1994 Do Not Call: Address Information Mailing Address Insured: Beacon Bay (63) / Samuel & Susan Anderson Address 1: 63 Beacon Bay Address Updated: Physical Address .. Address 2: City. Na\A/nnrt