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HomeMy WebLinkAboutC-3067(B) - Jamboree, 3300 - MOU 1996 - Fletcher Jones Motorcars• . RECORDING REQUESTED Y: CHICAGO TITLE COMMINY AND WHEN RECORDED MAIL TO: FLETCHER JONES MOTOR CARS, INC. 1301 QUAIL NEWPORT BEACH, CA 92660 ATTN: BARBARA FLEMING EXECUTIVE ASSISTANT Recorded in the County of Orange, California Gary L. Gran e, Clerk/Recorder IIIIIIIIIll IIIUII�IIIIIIIf IIIN fl 22,00 19960369208 3:58pm 07/19/96 005 10009572 10 22 M11 6 7.00 15.00 0.00 0.00 0.00 0.00 PLEASE CONFORM CONFORMED COPY Not Compared with Original 7NlS SPACE FOR RECORDERS USE ONLY MEMORANDUM OF LEASE THIS PAGE IS ADDED TO PROviDf SPACE FOR RECORDING INFORMATION (additional 'e —ling fee applies) MEMORANDUM OF LEASE TRANSFER TAX - NONE, TERM OF LEASE LESS THAN 99 YEARS THIS MEMORANDUM OF LEASE is made effective as of this 15th day of July, 1996, by and between THE CITY OF NEWPORT BEACH (hereinafter referred to herein as "Lessor") and FLETCHER JONES MOTOR CARS, INC., a California corporation (hereinafter referred to herein as "Lessee"). RECITALS: A. Under a certain I Pase dated May 20, 1996, (hereinafter referred to as "I PasP") Lessor has leased to Lessee and Lessee has leased from Lessor certain real property situated in the City of Newport Beach, County of Orange, State of California, commonly known and addressed as 3300 Jamboree Road, Newport Beach, California 92660, and more particularly described, in Exhibit "A" hereto, together with the building, parking areas and all other improvements Located thereon and all rights, privileges, easements, uses, interests and all other appurtenances thereto belonging as more particularly described in the Lease ("Premises"); and, B. By this Memorandum of J Pace, the parties hereto desire to provide notice of such Lease and certain provisions contained therein. NOW, THEREFORE, Lessor and Lessee hereby give notice as follows: 1. Term. The term of the Lease is for a period of fifty (50) years, commencing on May 20, 1996 and ending six hundred (600) months thereafter, as may be adjusted for delay in possession pursuant to the Lease, unless sooner terminated as provided in the Lease. 2. Option Terms. The Lessee is granted four (4) option terms of five (5) years, such option term shall commence, if exercised, for a period of five (5) years immediately following the preceding lease term. 3. Amendments. In the event the 1 Pase is in the future amended or supplemented by written instrument executed by the parties thereto or shall be assigned or terminated in any manner permitted under the terms thereof, then without further act or instrument whatsoever, this Memorandum of Lease shall likewise and to the same extent be amended, assigned or terminated, as the case may be. 4. Memorandum of Lease. This Memorandum of I Pase is executed in simplified short form for the convenience of the parties and for the purposes of recording the same, and NB J 1 or abridging the Lease or any of its provisions as the same now or may hereafter be in force and effect. In the event of any inconsistency between this Memorandum of Lease and the I Pase, the provisions in the Lease shall prevail and control the interpretation of the terms thereof. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the day and year first above written. LESSOR: THE CITY OF NEWPORT BEACH By: IN J®M»1(PHY, City Manager LESSEE: FLETCHER JONES MOTOR CARS, INC. By: STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE The foregoing instrument was acknowledged before me this KEVIN J. MURPHY. Witness my hand and official seal. STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) Notary Public 0 2 15th day of July, 1996, by Shauna Lyn Oyler; Comm. N1002681 NOTARY PUBLIC CALIFORNrrir ORANGE couNTY 0 Comm. Erprn{ Aug 22, 1097 The foregoing instrument was acknowledged before me this 15th day of July, 1996, by FLETCHER JONES, JR., President of FLETCHER JONES MOTOR CARS, INC. Witness ♦ty%42 d7d cfra�W _4 ?� BARBARAFLEMNG Commission #1075627 7 Notary Walt— Cants SCrams Counly NB F'J 4 $votary Public ro:9crcM1erv,mc4go-bp ormona.ae 2 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On b�l� /� 96, befor me, Shauna Lyn Oyler personally appeared / �i//I terfihy personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name : re subscribed to the within instrument and ackno ledged to me that he/she/the executed the same it her/their authorized capacity, and that .•' er/their signatur on the instrument the person, 4 or the entity /upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and Tor`said Stat 0 0 Shauna Lyn Oyler; Comm R1002681 (� NOTARY PUBLIC P,ALIPORNI n ORANGE COUNTY () Comm. Expires Auo. 22,1997 -S CALIFORNIA ALL-PURPOSE KNOWLEDGMENT State of CALIFORNIA County of ORANGE On JULY 15, 1996 before me, BARBARA FLEMING, NOTARY PUBLIC Date Name and rote of Officer (e.g.. 'Jane Doe. Notary Putt personally appeared FLETCHER JONES, JR.--------------_-------_—_—_ Names) of Signer(s) EJ personally known to me — OH_fprovecl ama..oa.the.hasfs-0tsatisfartory Pvideace to be the person(s) BARBARA FLEMING a �ma='ti"ri� Commb,lonit076627 �z Notary Public — Catlromla — �eange comfy — t,,y Comm.Cc ecru' (*ma Oct aim whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/shekhey-executed the same in his/herltheir authorized capacity(ies), and that by his/beatbeicsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Setc-e-0044446-4, Zv — - C, Signature of Notary Pu61ie OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this loan to another document. Description of Attached Document Title or Type of Document: MEMORANDUM OF Document Date: JULY 15, 1996 LEASE Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: FLETCHER JONES, ❑ Individual �I Corporate Officer Title(s): PRFSTDFNT ❑ Partner — 0 Limited 0 General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FLETCHER JONES MOTORCARS JR. RIGHT THU OF S1G ABPRINT UER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here O 1994 National Notary Association • 8236 Rommel Ave.. P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 hoarder. Call To16Free 1.800-76.6827 F Order No: 95460045B • 1 DESCRIPTION • EXHIBIT "A" THAT PORTION OF BLOCK 51 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL 10094 GRANTED TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY BY A DEED RECORDED SEPTEMBER 3, 1993 AS INSTRUMENT NO. 93-0598813 OFFICIAL RECORDS OF SAID ORANGE COUNTY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN COURSE NO. 6 IN THE SOUTHEASTERLY LINE OF SAID PARCEL 10094, DESCRIBED AS "SOUTH 13° 03' 02" WEST, 163.41 FEET" IN SAID DEED, FOR THE PURPOSE OF THIS DESCRIPTION, THE BEARING WILL BE SOUTH 13° 05' 41" WEST, SAID POINT BEING SOUTH 13° 05' 41" WEST, 15.84 FEET FROM THE NORTHEASTERLY TERMINUS THEREOF; SAID POINT ALSO BEING THE NORTHEASTERLY TERMINUS OF A COURSE IN THE NORTHWESTERLY LINE OF PARCEL NO. 300092 GRANTED TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY BY A DEED RECORDED JULY 1, 1994 AS INSTRUMENT NO. 94-0436936 OF SAID OFFICIAL RECORDS, SAID COURSE DESCRIBED AS "NORTH 13° 03' 02" EAST, 147.57 FEET" IN SAID DEED; THENCE DEPARTING FROM SAID COURSE NO. 6, NORTH 68° 28' 13" WEST 121.20 FEET; THENCE NORTH 14° 22' 47" WEST 28.85 FEET; THENCE NORTH 730 59' 06" WEST 15.00 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 10094. UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID BASED ON CALIFORNIA COORDINATE SYSTEM (NAD 83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.9999431. DESCRSD- 12/01/91 AA