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Home My WebLink AboutC-5674(A) - Harbor Island Drive, 829 - MOL (Tenant 2) "Balboa Yacht Basin"PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: City of Newport Beach AND WHEN RECORDED MAIL TO: City of Newport Beach City Clerk 100 Civic Center Dr. Newport Beach, CA 92660 TITLE OF DOCUMENT: r1 Recorded t officiarR.1 girds Orange County Hugh Nguyen, Clerk-RecorderlIIi111 llI D �11 III Hit N0 FEE -*.. $ R, D 0, %_6 5 7 5 $ 201400040129911:17 am 03/18/14 18422M11 12 0.00 0.00 0.00 0.00 33.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY (Exempt from Recordation Fee - Govt. Code Section 6103 & 27383) Memorandum of Lease Agreement THIS DOCUMENT IS RE -RECORDED TO CORRECT THE ADDITION OF THE AGREEMENT DATE ON PAGE ONE OF THE AGREEMENT AND TO INCLUDE THE REFERENCED EXHIBIT A. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b.059-TITLE PAGE (R7/95) i ' L~_ reCb7e Official Records, Orange County RECORDING REQUESTED AND Hugh Nguyen, Clerk -Recorder WHEN RECORDED RETURN Tt U Illtlffl II14III11IfIIIIIIIIIIIIIIII��IIIIIIIII�I �II IIIIIIII II� III NO FEE $ R 0 0 0 6 4 3 7 1 1 4$ Office of the City Clerk 014000010692 9:02 am 01110114 City of Newport Beach I� Al2 a 100 Civic Center Driven.00 0.00 12.00 0.00 0.00 0.00 PO Box 1768 Newport Beach, CA 92658 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383] MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated Januar; 1, 2014 , and is made between City of Newport Beach, a California municipal corporation and charter city (or "City") and Galley Cafe, Inc., a California corporation (operating as Galley Cafe) ("Tenant"), concerning the Premises described in Exhibit "A", attached hereto and by this reference made a part hereof. For good and adequate consideration, City leases the Premises to Tenant, and Tenant leases the Premises fromfit ,, for the term and on the provisions contained in the Agreement dated Inva �eember I , 28-1-,; rif luding without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City in each instance, all as more specifically set forth in said Agreement, which said Agreement is incorporated in this Memorandum by this reference. The Agreement's term is ten (10) years, beginning January 1, 2014„ and ending December 31, 2024, unless extended by the parties. This Memorandum is not a complete summary of the Agreement. Provisions in this Memorandum shall not be used in interpreting the Agreement's provisions. In the event of conflict between this Memorandum and other parts of the Agreement, the other parts shall control. Execution hereof constitutes execution of the Agreement itself. [Signatures on the next page] k" IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the dates written below. CITY City of Newport Beach A California Municipal Corporation Date: (Idl Z-ob-4) AV2�t (5�0 " Dave Kiff, City Manager ATTEST: Date:OAK i I t Leilani I. Brown City Clerk APPROV D A$ TO FORM: Date: Iz 7,0 13 Aaron C. Harp City Attorney TENANT Galley Cafe, Inc., a California corporation Date: Brian White Title: 'F5iDrz N ; e� Date: Y Sherr We� Title: "'0 R NEl1�' CALIFORNIA -•ACKNOWLEDGMENT CIVIL •D _ a` aS C.� �a`�^�.5 _a•.a•,aSS4� �._aC.vr'4�S.�5.•_aS_a�SS�S�S.a'/aS_aC.aS• aS�S_a.•_a�.•.e State of California County of ( tq, a iE On CC- \r� , t before me,. "=3 Date bN1.) fflC LW-% . KjalpI', -- iC Here Insert Name and Title of the Officer personally appeared t`- t Y_ tl\,� H ( Tic Name(s) of Signer(s) JENNIFER ANN-MULVEY Commission # 2045022 Notary Public - California i Orange County Myr Comm. Expires Oct 12, 2017+ who proved to me on the basis of satisfactory evidence to be the personal' whose name(;a) is/are- subscribed to the within instrument and acknowledged to me that he/ /tpey executed the same in his/heir/thel'r authorized capacity(ies), and that by his/I dr/their signature0 on the instrument the person( , or the entity upon behalf of which the person (110 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 h n and official seal. Place Notary Seal Above Signature: Signature of No ary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L4�4'�G� `✓��4�G✓4C✓G\`✓,4��'4 ✓ �✓6�✓ti4�G ��4`•✓.4'�/4�✓,G-✓4�4"✓'4� � �✓G'✓.w�4�'✓, 4'✓.C•✓s�✓4�G�✓.G� v �4`✓4�✓ �4`.v�,�✓',4�✓4C'✓.ti �4` CALIFORNIA ALL-PURPOSE CIVIL CODE § 1189 C•T. �i•_s.c�S,�� .�5...�. _�C_�C_�C:9S� -._aS/.-vs.Q:Y�..aS:%�>s� •a�,•.�c:�,•:�c_�S� �S�CC�S_..S_za,•.ti�aw�... State of California County of 0( On c 0 , l S before me, J-�NNq-rci2 NOT6t�-( F 63i C Date Here Insert Name and Title of the Officer personally appeared12 ti�� V 4 Name(s) of Signer(s) JENNIFER ANN MULVEY commission # 2045022 z i ,•.r; Notary Public - California zz z Orange County my Comm. Expires Oct 12, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sl' is/arl§ subscribed to the within instrument and acknowledged to me that L►e/she/tp.ey executed the same in hjs/her/their authorized capacity(ips), and that by has/her/their signature( on the instrument the person(p', or the entity upon behalf of which the personW 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 hanand official seal. Place Notary Seal Above Signature: �i!jnature o Nota Public OPTIONAL Though this section is optional, completing this information can deter alteration o document or fraudulent reattachment of this form to an unintended document. Document Date: Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L'.�d_.5�''✓. �G�4'✓.'•✓"�5"✓tiG'� `✓6�ti6�G�6�'.�.��. �� G�✓.'�.\✓..'ar � �G✓i-�rG'✓.'.��.: �G��.�.'�. ti✓4�✓�.: ✓ �: y�u4�✓G� �."✓ ��tiA+. NOTARY ACKNOWLEDGMENT State of California ) County of ORANGE ) On 2c , Z t before Public, personally appear6d DAVE KIFF, who 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 he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, 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. Sig State of California ) County of ORANGE ) A101103 goue)o tlwo�"63 - 30Qnd AjL,10N ZZ0900? #E u0iss►ww00Awn*" wwii; NNV 8331NN3r NOTARY ACKNOWLEDGMENT On before me, , Notary Public, personally appeared who 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 s/he executed the same in his/her authorized capacity(ies), and that by his/her signature on the instrument the person, 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 EXH 181T "A" Premises' Depiction Galley Cafe, Inc. Page A-1 Iii►-8-8*1�:IINl { 9rn Property e MWOWAIII Newport Beach GIS rim �'R � r Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of 0 1 Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. 0 4,456 8,912 Imagery: 2009-2011 photos provided by Eagle Feed I Imaging www.eagleaerial.com EXHIBIT A-2 EXHIBIT A-3 EXHIBIT A-4