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HomeMy WebLinkAboutC-1498(B) - Crown Drive North, 1550 - MOL 20232/18/23, 10:33 AM Batch 16780694 Confirmation T- Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder j RECORDING REQUESTED AND II $ IRI II III1 I I'I7llillsl I II I IISI $ II NO FEE WHEN RECORDED RETURN TO: 202300031060610:27 am 12118123 City Clerk's Office 9 NC-5 M10 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383] Assessor's Parcel Number 458-022-06 MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated November 28, 2023, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Newport Harbor Lawn Bowling Association, a California nonprofit corporation ("Lessee"), concerning the real property as legally described in Exhibit 'A," attached hereto and incorporated herein by this reference ("Property"), for the lease of that portion of the Property as depicted in Exhibit "B," attached hereto and incorporated herein by this reference ("Premises"). For good and adequate consideration, Lessor leases the Premises to Lessee, and Lessee hires them from Lessor, for the term and on the provisions contained in the Lease Agreement dated November 28, 2023 ("Agreement"), including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of Lessor in each instance, all as more specifically set forth in said Agreement, which said Agreement is incorporated in this Memorandum by this reference. The initial term is five (5) years, beginning November 28, 2023, and ending November 28, 2028 ("Initial Term"), followed by a two (2) year "Option Term", and three (3) annual consecutive one (1) year extensions (each a "Renewal Term"), subject to approval of Lessor, on the same terms and conditions contained in the Agreement as it may be amended from time to time, with the total term in the aggregate including the Initial Term, Option Term, and all Renewal Terms not to exceed ten (10) years. 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] https://gs.secure-erds.com/Batch/Confirmation/16780694 1 /2 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383] Assessor's Parcel Number 458-022-06 MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated November 28, 2023, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Newport Harbor Lawn Bowling Association, a California nonprofit corporation ("Lessee"), concerning the real property as legally described in Exhibit 'A," attached hereto and incorporated herein by this reference ("Property"), for the lease of that portion of the Property as depicted in Exhibit "B," attached hereto and incorporated herein by this reference ("Premises"). For good and adequate consideration, Lessor leases the Premises to Lessee, and Lessee hires them from Lessor, for the term and on the provisions contained in the Lease Agreement dated November 28, 2023 ("Agreement"), including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of Lessor in each instance, all as more specifically set forth in said Agreement, which said Agreement is incorporated in this Memorandum by this reference. The initial term is five (5) years, beginning November 28, 2023, and ending November 28, 2028 ("Initial Term"), followed by a two (2) year "Option Term", and three (3) annual consecutive one (1) year extensions (each a "Renewal Term"), subject to approval of Lessor, on the same terms and conditions contained in the Agreement as it may be amended from time to time, with the total term in the aggregate including the Initial Term, Option Term, and all Renewal Terms not to exceed ten (10) years. 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] IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum as of the date first written above. LESSOR City of Newport Beach, a California municipal corporation Gr . Leung Ci y Manager ATTEST: Leilani I. Br n City Clerk APPROVED AS TQJ FORM: >n C. Harp Attorney ATTACHMENTS tl LESSEE Newport Harbor Lawn Bowling Association, a California nonprofit corporation Signed in Counterpart Andrew Dufresne President Signed in Counterpart Norma Goodhart Treasurer [END OF SIGNATURES] Exhibit A - Legal Description of Premises Exhibit B - Depiction of Premises NEWPORT HARBOR LAWN BOWLING ASSOCIATION Page 2 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum as of the date first written above. LESSOR City of Newport Beach, a California municipal corporation Grace K. Leung City Manager ATTEST: Leilani I. Brown City Clerk APPROVED AS TQ FORM: >n C. Harp Attorney ATTACHMENTS LESSEE Newport Harbor Lawn Bowling Association, a California nonprofit corporation Andrew Dufresne President No ma Goodha Treasurer [END OF SIGNATURES] Exhibit A - Legal Description of Premises Exhibit B - Depiction of Premises NEWPORT HARBOR LAWN BOWLING ASSOCIATION Page 2 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 c I- ) ss. On 0� °� 20 Z3 before me, IVY i}�UI �� "J Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personN whose name is/*,e subscribed to the within instrument an acknowledged to a that ty executed the same in tins a it authorized capacity(), and that by er thjr signatures on the instrument the person), or the entity upon behalf of which the persontsacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and rnrrPrt_ WITNE my hand and official seal. Signature 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. ooauaooe0000000000000000000e ti NORMA TELLES COMM. 023UW Nov" Public • California a ORANGE COUNTY My Comm. Exp. March 02, 2026 (seal) State of California County of OrAr) } ss. �wynA On W �\,Y1111 f 20 before me, II "J Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the perso5KwhoQ17e'rVeir �f'e subscribed to the within instrument a acknowledged to me that �sye/tJOy executed the same authorized capacity(, and that by f / it signatures) on the instrument the persons), 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. NORM. TELLES 23M3 g COMM. fC1395537 WITNESS my hand and official seal. - Notary Public-CaNfomia ORANGE COUNTY My Comm Exp. Mang► 02, 202E Signature lltzt. (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 California County of OR0-t46E )ss. On 11 • 15 , 20 L3 before me, I ENN1FM AW YYMV LyE 1 , Notary Public, personally appeared GQiA LE 1K - LEV PLba , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/axe subscribed to the within instrument and acknowledged to me that he/she/thQ4 executed the same in his/her/thek authorized capacity(ias), and that by hi• her/their signatures4&) on the instrument the person(sa, 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. JENNIfER ANN ML'LVEY Notary Public . California WITNESS m hand and official seal. Orange County Y � Commission 4 2375299 n , ` �•� r� My Comm. Expires Oct 12, 2025 Signatu 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) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY That portion of Block 93, Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 1, page 88, Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows: Beginning at the most Northerly corner of the Land described in a deed to the Southern California Edison Company recorded in Book 8186, page 163, Official Records of said County; thence South 490 26' 1" East 380.90 feet along the Northeasterly line of said land, thence East 151.35 feet; thence North 40 33' 01" East 284.02 feet to a point on the Southwesterly line of San Joaquin Hills Road as described in a deed recorded in Book 8187, page 566, said Official Records, said point being on a curve concave Northeasterly having a radius of 2264.00 feet, a radial to said point bears South 42' 37' 04" West, thence Northwesterly 380.20 feet along said curve through an angle of 90 37' 18" to an angle point in the boundary of Tract No. 6113, as per map filed in Book 226, pages 20 through 22, Miscellaneous Maps in the office of said County Recorder, said point being the beginning of a reverse curve concave Southerly having a radius of 25.00 feet; thence, Westerly 38.60 feet along said curve and boundary through an angle of 88' 28' 06"; thence South 53' 46' 17" West 258.75 feet along said boundary to the beginning of a curve therein concave Southeasterly having a radius of 1970.00 feet; thence Southwesterly 146.75 feet along said curve through an angle of 40 16' 05"; thence South 490 30' 12" West 13.43 feet along said boundary to the point of beginning. SUBJECT TO easements, rights of way, and other matters of record or apparent. 1. Reserving to Grantor, its successors and assigns, all oil, gas, petroleum and other hydrocarbon substances in and under the hereinabove described property, together with all necessary and convenient rights to explore for, develop, produce and extract and take the same, subject to the express limitation that any and all operations for the exploration, development, production, extraction, and taking of any of said substances shall be carried on at levels below the depth of five hundred (500) feet from the surface of said land by means of wells, derrick and/or other equipment from surface locations on adjoining or neighboring land, and subject further to the express limitation that the foregoing reservation shall in no way be interpreted to include any right of entry in and upon the surface of the land hereinabove described. It is understood by the parties that the above stated reservation is expressly subject to all restrictions and regulations concerning the drilling for and production of oil, gas, petroleum and other hydro -carbon substances, which are contained in the City Charter or the municipal ordinances of the City of Newport Beach. 2. Grantor, its successors and assigns, for a period of fifty (50) years from the date of the Deed shall have the right to approve the exterior design of all improvements to be constructed upon the premises. Grantee shall supply to Grantor for its approval two complete sets of construction plans and specifications for the exterior of said NEWPORT HARBOR LAWN BOWLING ASSOCIATION Page A-1 improvements and adjoining areas to be landscaped, prepared by a licensed architect or licensed engineer, including but not limited to grading and drainage plans and soils report, a plot plan showing the proposed location of said improvements, all utilities and service connections and all places of ingress and egress to public streets and roads and plans for outdoor signs and lighting. Grantor shall approve said plans within thirty (30) days from the receipt thereof by returning one set of plans to Grantee with its approval indicated thereon, or shall notify Grantor within thirty (30) days from receipt of said plans of the reasons for its disapproval. However, Grantor shall not unreasonably withhold its consent. Upon completion said improvements and within one hundred eighty (180) days from the final inspection by the local municipality, all landscaping proposed with the approved construction plans must be completed. During said fifty (50) year period no structure or other improvement, the plans, specifications and proposed location of which have not first received the written approval of Grantor or which does not comply with such plans, specifications and locations, shall be constructed and maintained on the land. No material addition to or alteration of any building or structure erected on the premises shall be commenced unless and until plans and specifications covering the exterior of the proposed addition or alteration shall have been first submitted to and approved by Grantor in the manner above provided. The approval of Grantor of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plan for the premises and the neighboring lands. Approval of plans and specifications assumes no liability or responsibility therefor or for any defect in any structure constructed from such plans and specifications. 3. Should Grantee not have completed construction of a public park as delineated on Exhibit "B" within a period of five (5) years from the date Grantee shall record title to the premises, or should the Grantee or its successors and assigns at any time within fifty (50) years from the date Grantee shall record title to the premises cease to use said property or any part thereof for a public park and uses reasonably associated therewith, or should attempt to use said property or any part thereof for any other purpose except by and with the prior written consent and approval of the Grantor or its successors and assigns, then said property and the whole thereof shall revert to the Grantor, its successors and assigns, each and any of whom shall have the right in any such event to reenter and take possession of said property and the whole thereof, and oust all persons therefrom. The foregoing condition shall operate as a condition subsequent and shall apply to and bind the Grantee and its successors and assigns and all other persons acquiring any interest in said property. NEWPORT HARBOR LAWN BOWLING ASSOCIATION Page A-2 `,C c EXHIBIT "B" DEPICTION OF PREMISES Bowling Grt� AppmximaR Arco of A4reemm,t -' 45.414 cqR Bawling Greer, AAr i .:iubhou a I I San Joaquin Hills Park & Lawn Bowling Center Lease Agieemeni Areal Assessment LI NEWPORT HARBOR LAWN BOWLING ASSOCIATION Page B-1