HomeMy WebLinkAboutC-2693(B) - Bayside Drive, 1801 - MOL 2018Batch 3857643 Confirmation
Page 1 of 2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk's Office
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II II II11 IIII 1101II 111 II NO FEE
*$ R 0 0 1 0 3 8 7 5 8 7$*
20180003600351 47 pm 10/ 02/ 18
90 SC5 M 11 4
0.00 0.00 0.00 0.00 9.00 0.00 0.000.000.00 0.00
(Exempt From Recording Fees Pursuant to Govemment Code § 27383)
Assessor's Parcel Number: 050-252-06 (SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF LEASE
This Memorandum of Lease ("Memorandum") is dated as of September _, 2018,
by and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("Lessor"), and BALBOA YACHT CLUB, a California non-profit corporation
("Lessee"). City and Lessee may be individually referred to herein as a "Party," and
collectively referred to herein as the "Parties."
RECITALS
A. Lessor and Lessee have entered into that certain Lease ("Lease") dated as of June
28, 1999, relating to certain real property located in the City of Newport Beach,
County of Orange, State of California, described more particularly on Exhibit "A"
hereto and by this reference made a part hereof ("Premises").
B. On June 18, 2018, Lessor and Lessee entered into the First Amendment to Lease,
which extended the term of the Lease through August 31, 2039.
C. Lessor and Lessee desire to execute this Memorandum for recordation in the real
property records of the County of Orange in order to memorialize the existence of
the Lease.
NOW, THEREFORE, with reference to the foregoing recitals, Lessor and
Lessee agree as follows:
1. Lease of Premises. Lessor hereby leases the Premises to Lessee and Lessee
hereby hires to Premises from Lessor on the terms and conditions set forth in the
Lease.
2. Term. The term of the Lease shall be for a period of forty (40) years commencing
August 29, 1999 and ending August 31, 2039, unless sooner terminated pursuant
to the provisions of the Lease.
3. Incorporation of Lease. This instrument is a memorandum of the Lease and is
subject to all of the terms and conditions of the Lease. The terms of the Lease
shall prevail if there is any inconsistency between the terms of this Memorandum
and the terms of the Lease.
[Signature page follows]
https://gs.secure-recording.com/Batch/Confirmation/3857643 10/02/2018
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk's Office
(Exempt From Recording Fees Pursuant to Government Code § 27383)
Assessor's Parcel Number: 050-252-06 (SPACE ABOVE THIS LINE FOR RECORDER'S USE)
MEMORANDUM OF LEASE
This Memorandum of Lease ("Memorandum") is dated as of September , 2018,
by and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("Lessor"), and BALBOA YACHT CLUB, a California non-profit corporation
("Lessee"). City and Lessee may be individually referred to herein as a "Party," and
collectively referred to herein as the "Parties."
RECITALS
A. Lessor and Lessee have entered into that certain Lease ("Lease") dated as of June
28, 1999, relating to certain real property located in the City of Newport Beach,
County of Orange, State of California, described more particularly on Exhibit "A"
hereto and by this reference made a part hereof ("Premises").
B. On June 18, 2018, Lessor and Lessee entered into the First Amendment to Lease,
which extended the term of the Lease through August 31, 2039.
C. Lessor and Lessee desire to execute this Memorandum for recordation in the real
property records of the County of Orange in order to memorialize the existence of
the Lease.
NOW, THEREFORE, with reference to the foregoing recitals, Lessor and
Lessee agree as follows:
1. Lease of Premises. Lessor hereby leases the Premises to Lessee and Lessee
hereby hires to Premises from Lessor on the terms and conditions set forth in the
Lease.
2. Term. The term of the Lease shall be for a period of forty (40) years commencing
August 29, 1999 and ending August 31, 2039, unless sooner terminated pursuant
to the provisions of the Lease.
3. Incorporation of Lease. This instrument is a memorandum of the Lease and is
subject to all of the terms and conditions of the Lease. The terms of the Lease
shall prevail if there is any inconsistency between the terms of this Memorandum
and the terms of the Lease.
[Signature page follows]
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Lease
to be executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF H CITY ATTORNEY a California municipal corporation
Date: q /S/ 2,016 Date: / 0
By.
[ ;•Aaron Harp
City Attorney
ATTEST:
Date: /Ua
•aco
By:
Mk: 040,
Leilani I. Brown
City Clerk
GI;I S • 3o , L8
By: Jr
Mars all "Duffy" ield
Mayor
LESSEE
Date: S ,e j,• ) l 201
By:
Bill loomberg
Commodore
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 rJ Y (1,14..0c } ss.
On
►� e��ltir�st \-1
�crti33 );YC , who proved to me on the
basis of satisfactory evidence to be the perso Rrywhose name4s-) is/are-subscribed to the
within instrument and acknowledged to me that he/shefth y executed the same in
his/he-r-fttretr authorized capacity(ies};- and that by his/her/their signatures(s)- on the
instrument the person.(); or the entity upon behalf of which the person.() -acted, executed
the instrument.
Ctika rt.1
20 Ict, before me,
Notary Public, personally appeared
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.
19
Signature
RAJESHREE H. BADANIrt
COMM...2151994 n
NOTARY PUBLIC-CALIFORNIA -I
ORANGE COUNTY W
My Term Exp. Nay 31, 2020 t
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 toeethct G } ss.
On 00:to!K,f i , 20 G $' before me,
lit I vw 1 t -e. Notary Public, personally appeared
VA c..rSkca. 6t v c-Fi t.l. Ct , proved to me on the basis of
satisfactory evidence to be the person.(s)-whose name($ is/are-subscribed to the within
instrument and acknowledged to me that he/sl)e{they executed the same in his/her/th@+r
authorized capacity(jes), and that by his/her/theif signatures on the instrument the
persons, or the entity upon behalf of which the person(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 y hand and official seal.
Signature
KIM RIEFF
Commission # 2138649
Notary Public - California
Orange County
Comm. Expires Jan 26, 2020
(seal)
EXHIBIT "A"
PREMISES
Assessor's Parcel Number: 050-252-06
That certain real property located in the City of Newport Beach, County of Orange,
California, described as follows:
That portion of the City -held tide and submerged land in Newport Bay, Orange County,
California adjacent to a line between US Bulkhead Stations 104 and 104-A, as shown on
a Map of US Harbor Lines in Newport Bay Harbor, California approved on February 15,
1951, and being particularly described as follows:
Beginning at US Bulkhead Station 104 and running thence South 40°00' East at a
distance of 135.83 feet; thence S79°00'24" West 67.70 feet; thence N10°06'59", West
118.80 feet to the point of beginning.