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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 jtl:jj�� uIIIIIII,IIIjIIIJIj11[][11111lIII11 11 j I'��NO FEE WHEN RECORDED RETURNO k R 0 0 0 7 1 8 5 7 b 8 Office of the City Clerk OF 1400055770711:41 am 12124114 City of Newport Beach - "� ,`, f a 1 0 0.00 100 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$7er(s) ❑ Attorney -in -Fact ❑ TnisteiY(s) ❑ Other 2008 Version CAPA v12.10.07 800473-9863 www.NotaryClasses.cnm INSTRUCTIONS FOR COi2LETING THIS FORAM Any acknowledgment completed in California must contain verbiage. e=acdly as apoeats above in the notary section or a separate acknowledgment farm must be properly completed and attached to than document. The only exczpdon is if a document is to be recorded outside of California In such #stances, airy alternatfve acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e, ca'A&rng the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also he the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). ■ Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing o$ incorrect forms (i.e. WshcAhey;- is /we ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment forrii. ■ Signature of the notary public must match the signature on file with the office of the county clerk. 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 GIS0 accuracy of the data provided, however, The City of City of Newport Beach and its employees and agents �ewFl disclaim any and all responsibility from or relating to �r any results obtained in its use. 0 2,000 4,000 - - = Imagery: 20032013 photos provided by Eagle Imaging aC,cp RRA Feet www.eagleaerial.com Page A-1 Exhibit A disclaim any and a0 responsibsity from or relating to any results obtained in its use. 2009-2013 photos Provided by Eagle Imaging www.eagleaerial.com Page A-2 Exhibit A Page A-4