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HomeMy WebLinkAboutC-9844-2 - Memorandum of Concession Agreement (for Use of the Concession Facility at the Central Library Located at 1000 Avocado Avenue)6/18/25, 11:12 AM Batch 19391426 Confirmation Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III II II III IIII II III I II III �� NO FEE *$ R 0 0 1 5 6 4 1 0 4 2$ 2025000173972 09:36 am 06/18/25 486 NCOUNTY5 M10 6 RECORDING REQUESTED AND 0.00 0.00 0.00 0.0015.00 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 Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code §§. 6103 and 273831 MEMORANDUM OF CONCESSION AGREEMENT This Memorandum of Concession' Agreement ("Memorandum") is dated Ln2 II . 102.5 and is made between City of Newport Beach, a California municipal corporation and charter city ("City") and KIT at the Library, Inc., a California stock corporation ("Concessionaire"), concerning the Premises described in Attachment 'A" attached hereto and by this reference made a part hereof. For good and adequate consideration, City leases the Premises to Concessionaire and Concessionaire leases the Premises from City, for the term and on the provisions contained in the Concession Agreement ("Agreement") dated 1uv% II , Zo2.5 , 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 term is five (5) years, beginning l ru, 2025, and ending 2030, on the same terms and conditions contained 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 the Agreement, the Agreement shall control. Execution hereof constitutes execution of the Agreement itself. [SIGNATURES ON NEXT PAGE] Memorandum of Concession Agreement - KIT at the Library, Inc. 1 https://gs.secure-erds.com/Batch/Confirmation/19391426 1 /4 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code §§. 6103 and 273831 MEMORANDUM OF CONCESSION AGREEMENT This Memorandum of Concession Agreement ("Memorandum") is dated InQ. II . N V0 and is made between City of Newport Beach, a California municipal corporation and charter city ("City") and KIT at the Library, Inc., a California stock corporation ("Concessionaire"), concerning the Premises described in Attachment "A" attached hereto and by this reference made a part hereof. For good and adequate consideration, City leases the Premises to Concessionaire and Concessionaire leases the Premises from City, for the term and on the provisions contained in the Concession Agreement ("Agreement") dated 1uv,.e. II Z02-5 , 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 term is five (5) years, beginning ln-L 2025, and ending juv,-c. 1N , 2030, on the same terms and conditions contained 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 the Agreement, the Agreement shall control. Execution hereof constitutes execution of the Agreement itself. [SIGNATURES ON NEXT PAGE] Memorandum of Concession Agreement - KIT at the Library, Inc. 1 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum as of the date first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH ("City"), CITY ATTORNEY'S OFFICE a California municipal corporation and charter city Date: Date: By: By: Aaron Har 3 �� ,� l�� Grac Leung City Attorn City anager ATTEST: CONCESSIONAIRE: KIT at the Library, Inc., a California stock corporation Date: % �� Date: By: �- Leilani I. Brown City Clerk Pop c4 •l Y •:.�\�J�. w .•' . g_ n COW Signed in Counterpart Eunice Hwang Managing Member Memorandum of Concession Agreement - KIT at the Library, Inc. 2 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum as of the date first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH ("City"), CITY ATTORNEY'S OFFICE a California municipal corporation and charter city Date: Date: By: By: Aaron Harp Grace K. Leung City Attorney City Manager ATTEST: CONCESSIONAIRE: KIT at the Library, Inc., a California stock corporation Date: Date: 36 412s By: By; Azg---- Leilani I. Brown Eunice Hwang City Clerk Managing Member SEE ATTACHED NOTARIZED DOCUMP Concession Aareement - KIT at the Librarv. Inc. ATTACHMENT "A" PREMISES Memorandum of Concession Agreement - KIT at the Library, Inc. A-1 ,\ ��_ Li ��Exhibit A