HomeMy WebLinkAboutC-5993(A) - East Balboa, Blvd, 608 & Washington St, 209 (Palm Street Parking Lot) - MOL Option Agreement0
Record in Official Records, Orange County
RECORDING REQUESTED Tugh NYenClerk-Recorder
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City of Newport Beach - "� ,`, f a
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100 Civic Center Driveo o.00 o.o0 21.01 0.00 0.0
PO Box 1768
Newport Beach, CA 92658
[Exempt from Recordation Fee — Cal. Govt. Code §§ 6103 & 27383]
MEMORANDUM OF OPTION AGREEMENT
This Memorandum of Option Agreement ("Memorandum") is dated ({�Z
2014, and is made between the City of Newport Beach, a California municipal
corporation and charter city ("City") and ExplorOcean, a California non-profit corporation
("EO"), concerning the public parking iot located generally between Palm Street and
Washington Street frow Bay Avenue to Baiboa Boulevard on the Balboa Peninsula
certain property in the City of Newport Beach that is commonly referred to as the Palm
Street Parking Lot ("Property"). The Property is more particularly described on Exhibit A
attached hereto.
For good and adequate consideration, City grants EO an option to lease the Property,
kinon th satisf ction of certain conditions contained in the Option Agreement dated
2014, including without limitation provisions prohibiting assignment,
without the express written consent of City, all as more specifically set forth in said
Option Agreement, which said Option Agreement is incorporated in this Memorandum
by this reference.
The Option Agreement's term is approximately seven (7) years, ending on December
31, 2021, unless extended by the parties.
This Memorandum is not a complete summary of the Option Agreement. Provisions in
this Memorandum shall not be used in interpreting the Option Agreement's provisions.
In the event of conflict between this Memorandum and other parts of the Option
Agreement, the other parts shall control. Execution hereof constitutes execution of the
Option Agreement itself.
[Signatures on the next page]
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Option Agreement as of the dates written below.
CITY
City of Newport Beach
a California M«nicipal Corporation
ate: • 2.1 �[
Rush N. Hill,II .
Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
EO
ExplorOcean
a California non-profit corporation
APPROVED AS TO FORM: NQS
THE CITY ATTOPyNEY'S OFFICE
Date: �o //I
I
�,'
Aaron C. Harp
City Attorney
CALHOR AIS -PURPOSE
CERTIFICATE OF ACKNOWLEDGNM-N r
State of California
County of Orange
On 00 7 2 before me, Roya Tahmoresi, Notary Public
(E= insert name and title of the om`cer)
personally appeared j A.0 mk S aA LL mc*
who proved to me on the basis of satisfactory evidence to be the person{ -s-} whose name(8` is subscribed to
the within instrument and acknowledged to me that e he,executed the same in is authorized
capacity{ r}; and that by
(� signature(s) on the instrument the person(6), or the entity upon behalf of
which the person{ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the lazes of the State of California that the foregoing paragraph
is true and correct. .
WITNESS my hand and official
A 4
Signature
ROYA TAHMORESI
Commission # 2080684
Notary Public - California z
Orange County
(notary se
Mv Comm. E fres Sep 16 2018
ADDMONAL OPTIONAL INFORMATION
DESCRIPTION OF TEE ATTAC= DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED By THE_ SIGNER
❑
Individual (s)
❑
Corporate Officer
(title)
❑
Par$7er(s)
❑
Attorney -in -Fact
❑
TnisteiY(s)
❑
Other
2008 Version CAPA v12.10.07 800473-9863 www.NotaryClasses.cnm
INSTRUCTIONS FOR COi2LETING THIS FORAM
Any acknowledgment completed in California must contain verbiage. e=acdly as
apoeats above in the notary section or a separate acknowledgment farm must be
properly completed and attached to than document. The only exczpdon is if a
document is to be recorded outside of California In such #stances, airy alternatfve
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e, ca'A&rng the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also he the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
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■ Print the name(s) of document signer(s) who personally appear at the time of
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Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment forrii.
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Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate title or type of attached document, number of pages and dafe.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Dirt ul t_
On DeCea4e.' before me, zl Ri 4�
Date jj Here Insei-T and (Title of the Oflicer
personally appeared i u� wt N. � t
Name(s) of Signer(s)
KIM RIEFF
Commission # 1967536
iNoP0tary Public - California i
`�
Orange County
My Comm. Expires Jan 26, 2016
Place Notary Seal Above
CIVIL CODE § 1189
who proved to me on the basis of satisfactory
evidence to be the persook<-whose name.$)'is/are-
subscribed to the within instrument and acknowledged
to me that he/shefthey- executed the same in
his/ham/thio r authorized capacity(j, and that by
his/her/their signaturgo)- on the instrument the
personfl%), or the entity upon behalf of which the
person(&Kacted, 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 a official se12, Signature: 14,
Signature of Notary Pu Ic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
El
El
El
El
El
El
Sig
Individual
Partner — ❑ Limited ❑ General Top of thumb here
Attorney in Fact
Trustee
Guardian or Conservator
Other:
ner Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
1- y naauuauun • rvauunairvocary.org • 1-80u-U.T NUTAHY (1-800-876-6827) Item #5907
EXHIBIT A
DESCRIPTION AND DEPICTION OF THE PROPERTY
Description of Premises
[Note: A metes and bounds legal description of the lease premises shall be drafted and
attached to
replace this `Exhibit A' prior to lease execution.]
Premises shall include portions of the following areas, as shown on the map exhibits:
APN 048-116-06
Parcel 1, as shown on Parcel Map PM 117/24 (also referred to as Resub
566), recorded 06/14/1978, excepting the following areas:
A. A 5' wide alley easement, dedicated to the public.
B. A 2' wide easement for sidewalk and pedestrian purposes, dedicated
to the public.
C. Two corner cutoffs for Palm Street, dedicated to the public for street
purposes.
APN 048-116-05
2. Lot 7, Block 7, Balboa Tract, as recorded as MM 4/11, recorded 5/23/1905
APN 048-116-04
Alley
3. Lots 8, 9, 10, and 11, Block 7, Balboa Tract, excepting the following area:
A. A Grant of Easement for street and highway purposes over Lot 11,
recorded in Official Records as 20020109515, dated 02/08/2002.
4. The Alley between Lots 1-6 and Lots 7-11, Block 7, Balboa Tract, as
recorded in MM 4/11, recorded 05/23/1905,
bound on the north by the prolongation of the northerly line of Lot 7, to the
northeast corner of Lot 1 of said Tract,
and on the south by the prolongation of the southerly line of Lot 11, to the
southeast corner of Lot 6 of said Tract.
Newport
Beach
[Acclaimer: Every reasonable effort has been made to ase
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accuracy of the data provided, however, The City of
City of
Newport Beach and its employees and agents
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disclaim any and all responsibility from or relating to
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any results obtained in its use.
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Page A-1
Exhibit A
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Page A-2
Exhibit A
Page A-4