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Home My WebLink AboutC-1609(B) - A Street, 200 - MOL 20249/4/24, 3:33 PM Batch 17971231 Confirmation Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder jj I 11JI III 111 I III III 111 I 11 NO FEE *$ R 0 0 1 5 1 3 4 2 6 8 $ * 2024000229014 3:01 pm 09/04/24 90 CR-SC06 M11 8 MEMORANDUM ( 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 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 §§ 273831 MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated At ws-f Z 8 , 2024, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City') and Balboa Angling Club, a California non_profit corporation ("Lessee"), concerning the premises described and depicted in Exhibit "1," attached hereto and by this reference made a part hereof ("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 a06UST Zi , 2024 ("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 term is twenty (20) years, beginning A V 6 U S r �-� 2024, and . ending (40(JU,',T 7-1 , 2044, and two (2) additional successive "Option Terms" of five (5) years each, on the same terms and conditions contained in the Agreement as it may be amended from time to time. 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. Assessor's Parcel Number 048-133-16 BALBOA ANGLING CLUB [Signatures. on the next page] Page 1 https://gs.secure-erds.com/Batch/Confirmation/l7971231 1/13 MEMORANDUM OF LEASE 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 §§ 27383] MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated At9(s;US T Z 8 2024, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Balboa Angling Club, a California non-profit corporation ("Lessee"), concerning the premises described and depicted in Exhibit 1," attached hereto and by this reference made a part hereof ("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 a0(,U(,T 21 , 2024 ("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 term is twenty (20) years, beginning A V 6 U S T 2024, and ending (40W VT_ 2-1 2044, and two (2) additional successive "Option Terms" of five (5) years each, on the same terms and conditions contained in the Agreement as it may be amended from time to time. 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. Assessor's Parcel Number 048-133-16 [Signatures on the next page] BALBOA ANGLING CLUB Page 1 LESSOR CITY OF NEWPORT BEACH, a California municipal corporation and charter city c . Leung if Manager ATTEST: APPROVED AS TO FORM: _110-- ie� Aaron C. rp City Attor ey LESSEE BALBOA ANGLING CLUB, a California non-profit corporation Signed in Counterpart Jimmy Decker Chief Executive Officer Signed in Counterpart David DuBois Chief Financial Officer Attachment(s): Exhibit 1 — Property Legal Description and Depiction BALBOA ANGLING CLUB Page 2 LESSOR CITY OF NEWPORT BEACH, a California municipal corporation and charter city Signed in Counterpart Grace K. Leung City Manager ATTEST: Signed in Counterpart Leilani I. Brown City Clerk APPROVED AS TO FORM: Aaron C, rp City Attor ey LESSEE BALBOA ANGLING CLUB, a California non-profit corporation Jimmy cker Chief E%e.6utive Officer David DuBois Chief Financial Officer Attachment(s): Exhibit 1 — Property Legal Description and Depiction BALBOA ANGLING CLUB 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 Callfornia County of �Y()i �l (Il Ql ss, On 20Aarv�—O� before me, N'Notary Pudic, personallyappearedwho 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. 0., IE BRAUNWALM WITNESS my hand and o ici I seal, NotaryPublic-California Orange CountyCommission # 2421463 Comm. Expires Oct 15, 2026 i AA JJ ♦��► Ti g "nat-L e -L11 (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 Cal ornia County of - / Ss. On�i~ 1 Q 20 _ — before me,Iwo -- - - Notary Pu lic, personally appeared 0i i , ) 1 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. WELVN MARIE 8UUNWALDER WITNESS my hand and official seal, Notary Public -California Orange County_ Commission # 2421463 My Comm. Expires Oct 15, 2026 A, PI-IM I I I flfl� 4gnature (seal) BALBOA ANGLING CLUB Page 3 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 QIZAN&E } ss. On AUGuST 26 - 1 20 24 before me, 3ENN19:61Q ANN VWv`�G'1 Notary Public, personally appeared G9-Ae-E K . LEuMc. , who proved to me on the basis of satisfactory evidence to be the person(6-) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(aes), 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 oaraaraoh is true and correct. WITNESS my hand and official seal. Sign JENNIFER ANN MULVEY rW Notary Public • Caufarnia Orange County � \ � Commission 4 23752t1 ■ 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) BALBOA ANGLING CLUB Page 3 EXHIBIT "1" DESCRIPTION AND DEPICTION OF PREMISES BALBOA ANGLING CLUB Page 4 LEGAL DESCRIPTION OF PROPERTY All land within the northerly prolongation of A Street, as shown on a map of Balboa Tract, recorded in Map Book 4, Page 11, records of Orange County, California, and lying between the northerly line of Bay Avenue, as shown upon said map and the pierhead line as established by United States Government Engineers. APN 048-133-16