HomeMy WebLinkAboutC-3404-2 - Harbor Island Drive, 829 - MOL (Tenant 1) "Balboa Yacht Basin"2/4/25, 3:36 PM
Batch 18705556 Confirmation
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II II III III IIIII I� II IIII I� II NO FEE
*$ R 0 0 1 5 3 9 7 0 3 9$
2025000045405 03:17 pm 02/04125
661 Ex10A M11 9
RECORDING REQUESTED AND 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 0.00 0.00
WHEN RECORDED RETURN TO:
Office of the City Clerk
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
[Exempt from Recordation Fee - Govt. Code §§ 6103 & 273831
MEMORANDUM OF LEASE AGREEMENT
This Memorandum of Lease Agreement ("Memorandum") is dated &
202�'and is made between City of Newport Beach, a California municipal c rporation
and charter city ("City") and Basin Marine, Inc., a California corporation ("Tenant"),
concerning the Property described and the Premises depicted in Exhibit "A", attached
hereto and by this reference made a part hereof, with the abbreviated referenced street
address of 829 Harbor Island Drive, Suite A, Newport Beach, California 92660.
For good and adequate consideration, City leases the Premises to Tenant, and Tenant
leases the Premises from City, for the term and on the provisions contained in the lease
agreement dated-J&mm%M /1W 2025; ("Agreement") including without limitation
provisions prohibiting assignment, gnment, subleasing, and encumbering said leasehold without
the express written consent of City in each instance, all as more specifically set forth in
said Agreement, which said Agreement is incorporated in this Memorandum by this
reference.
The Agreement's term is twenty (20) years, beginning Jm�AA 2025_, and
ending 1,£r H , subject to extension(s) by the parties as provided in the
Agreement.
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
of the Agreement shall control. Execution hereof constitutes execution of the Agreement
itself.
[Signatures on the next page]
Basin Marine, Inc. Page 1 .
https://gs.secure-erds.com/Batch/Confirmation/l8705556 1/6
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
Office of the City Clerk
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
[Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383]
MEMORANDUM OF LEASE AGREEMENT
This Memorandum of Lease Agreement ("Memorandum") is dated a ,
202r'and is made between City of Newport Beach, a California municipal c rporation
and charter city ("City") and Basin Marine, Inc., a California corporation ("Tenant"),
concerning the Property described and the Premises depicted in Exhibit "A", attached
hereto and by this reference made a part hereof, with the abbreviated referenced street
address of 829 Harbor Island Drive, Suite A, Newport Beach, California 92660.
For good and adequate consideration, City leases the Premises to Tenant, and Tenant
leases the Premises from City, for the term and on the provisions contained in the lease
agreement dated /LW , 2025 ("Agreement") including without limitation
provisions prohibiting assignment, subleasing, and encumbering said leasehold without
the express written consent of City in each instance, all as more specifically set forth in
said Agreement, which said Agreement is incorporated in this Memorandum by this
reference.
The Agreement's term is twenty (20) years, beginning Jx%\AAW1 U 2025, and
ending 'SnhuAW 'LFr, U14T ' , subject to extension(s) by the parties as provided in the
Agreement.
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
of the Agreement shall control. Execution hereof constitutes execution of the Agreement
itself.
[Signatures on the next page]
Basin Marine, Inc. Page 1
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Lease as of the dates written below.
CITY:
City of Newport Beach,
a California Municipal Corporation
Date: -z/s f W z'S-
ZGr c . Leung
C Manager
ATTEST: � � z�J
Date:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
Date: o +jn�� n75
Aar C. Harp ► '� �`'
City Attorney
TENANT:
Basin Marine, Inc., a California
corporation
Date:
Signed in Counterpart
Bv:
David L. New
President
Date:
Signed in Counterpart
By:
Derek J. New
Secretary
[END OF SIGNATURES]
Attachment: Exhibit A — Legal Description of Property and Depiction of Premises
Basin Marine, Inc. Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Lease as of the dates written below.
CITY: TENANT:
City of Newport Beach, Basin Marine, Inc., a California
a California Municipal Corporation corporation _
Date:_
Date:
By:
Grace K. Leung David L. New
City Manager President
Date: I / ?/2 S
By:
Derek
Secretary
ATTEST: SEE ATTACHED
Date: 140TARIAL CERTIFICATE
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
Date: of / C2:�II cz? -5
�� )n j=+Z�j 0, fa
Aar C. Harp ►
City Attorney
[END OF SIGNATURES]
Attachment: Exhibit A — Legal Description of Property and Depiction of Premises
Basin Marine, Inc. 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 CalNA-Abir-
ni
County of I ss.
On JAPLWq 8 , 20 before me, ADP-iAIJ a 'fEg E7 - , Notary Public,
personally appeared PAN/ i Q L- NIA • N , ho 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.
ADRIANA PERE2
WITNESS my and and o ial Notary Public - California
Orange County
Commission , 2405851
My Comm. Expires May 26, 2026
Signature (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 I ss.
On , 20 before me, , Notary Public,
personally appeared , who 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)
Basin Marine, Inc. 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 Calif mia
County of6E7 } SS.
On-)ANu-4F� �L20 �.5 befofe me, �1D�Ia % �E� ,Notary Pubiic,
personally appeared JA-VI ID 1, • N6W � Dr-R-FI< J - Nf�q who 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.
ADRIANA PEREZ
Notary Public - California
WITNESS m nd and ffici I s I,
Commission # 2405851
' Orange
y Comm. Exofres May 26, 2026
Signature (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 I ss.
On , 20 before me, , Notary Public,
personally appeared , who 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)
Basin Marine, Inc. 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 ORAWLIDE. } ss.
On FE5 %A , 20 Z5 before me, j EtJN 1F+E12. ANO MV LA- l Notary Public,
personally appeared G12FrLE V. I.EV W2 , who proved to me on the basis
of satisfactory evidence to be the person(s- whose name(.s-) is/axe subscribed to the within
instrument and acknowledged to me that ha�she/th&y executed the same in h*Aher/tkeir
authorized capacity(je&), and that by hicWher/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.
WITJWS� my hand and official seal.
Signal
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.
JENNIFER ANN MULVEY
Notary Public • California Z
Orange County >
Commission X 2375299
' «•"� My Comm. Expires Oct 12, 2025
(seal)
On , 20 before me, , Notary Public,
personally appeared , who 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)
Basin Marine, Inc. Page 3
EXHIBIT "A"
Legal Description of Property
A parcel of land situated in the Northwest quarter (NW 1/4) of Section Thirty Five (35),
Township Six (6) South, Range Ten (10) West, S.B.B.& M., Orange County, California,
more particularly described as follows, to -wit:
Beginning at a point in the U.S. Bulkhead line between Station No. 200 and Station No.
101 as shown upon a map entitled "Harbor Lines, Newport Bay Harbor, California,"
approved May 2, 1936, by the Secretary of War, and on file in the office of the U.S. District
Engineer at Los Angeles, California, said point of beginning being East 754.25 feet of
said bulkhead Station No. 200, running thence North 424.71 feet to a point in the Northerly
line of that certain parcel of land conveyed to City of Newport Beach by the Irvine
Company, as described in a deed recorded September 25, 1929, in Book 306, Page 375,
of official records of Orange County, California; thence South 850 43' East 772.15 feet to
the Northeasterly corner of the last mentioned parcel of land; thence South along the
Easterly line of the last mentioned parcel of land 367.01 feet to a point in said U.S.
Bulkhead line between Station No. 200 and Station No. 101, thence West along said
bulkhead line 770 feet to the point of beginning, containing approximately seven (7) acres.
Basin Marine, Inc. Page A-1
Property and Balboa Yacht Basin Marina Depiction
Basin Marine, Inc. Page A-2
Depiction of Premises
Basin Marine, Inc. Page A-3