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HomeMy WebLinkAboutC-977-2 - Memorandum of Lease Agreement (for the Harbor Island Bridge)12/11/25, 1:52 PM Batch 20318885 Confirmation RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder �� �I II III III II III IIII III III NO FEE *$ R 0 0 1 5 9 4 8 9 1 9$ 2025000343820 12:25 pm 12/11/25 872 Ex19A M10 7 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 0.00 0.00 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 273831 MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated Dfc. ba— It , 202_5and is made between CITY OF NEWPORT BEACH a California municipal corporation and charter city ("Lessor" or "City") and HARBOR ISLAND COMMUNITY ASSOCIATION, a California nonprofit, common interest development association corporation ("Lessee"), concerning the premises as depicted in Attachment 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 term and on the provisions contained in the Lease Agreement dated November IV, 2025 ("Lease"), 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 Lease, which said Lease is incorporated in this Memorandum by this reference. The term is fifty (50) years, beginning November , 2025, and ending November 11B, 2075. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used in interpreting the Lease's provisions. In the event of conflict between this Memorandum and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself. [Signatures on the next page] https://gs.secure-erds.com/Batch/Confirmation/20318885 3/4 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 §§ 6103 & 27383] MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated Dt ct ujoL I i , 202_ and is made between CITY OF NEWPORT BEACH a California municipal corporation and charter city ("Lessor" or "City") and HARBOR ISLAND COMMUNITY ASSOCIATION, a California nonprofit, common interest development association corporation ("Lessee"), concerning the premises as depicted in Attachment "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 Ifte term and on the provisions contained in the Lease Agreement dated November 16, 2025 ("Lease"), 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 Lease, which said Lease is incorporated in this Memorandum by this reference. The term is fifty (50) years, beginning November 10, 2025, and ending November 1� , 2075. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used in interpreting the Lease's provisions. In the event of conflict between this Memorandum and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself. [Signatures on the next page] IN WITNESS WHEREOF, the Parties have caused this Memorandum of Lease to be executed on the dates written below: LESSOR: LESSEE: City of Newport Beach, HARBOR ISLAND COMMUNITY a California municipal corporation and ASSOCIATION, a California nonprofit, charter city common interest development association corporation '1' , �� � - Pf�e K. Leung ity Manager ATTEST: zta� - Lena Shumway City Clerk APPROVED AS TO FORM: Aa n C. Harp 5 �� City Attorney � A< Signed in Counterpart Heather Madden President Signed in Counterpart Michael Hayde Treasurer Lessee must sign in the presence of a notary public Attachments: Attachment 1 — Premises Depiction IN WITNESS WHEREOF, the Parties have caused this Memorandum of Lease to be executed on the dates written below: LESSOR: City of Newport Beach, a California municipal corporation and charter city Grace K. Leung City Manager ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: Aa n C. Harp \` ti5 City Attorney A< - LESSEE: HARBOR ISLAND COMMUNITY ASSOCIATION, a California nonprofit, common interest development association co'r oration Heather Madden President Michael Hayde Treasurer Lessee must sign in the presence of a notary public Attachments: Attachment 1 — Premises Depiction 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 _ Orange — SS. On November 24, - - - 20 25 before me, Sally Packer-Laundri e , Notary Public, personally appeared Michael Hayde , 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. SALLY PACKER-LAUNDRIE WITNESS my hand a official seal. Notary Public - California Orange County Commission # 2399253 t Q., Comm. Expires Apr 25. 2026 Si ature (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 T)(aMt.) )SS. On ��Il+?rm)i'� 20 ZS before me, �,,�-, C i 1��rra�/ Notary Public, personally appeared ( ��lnf M-11 ` proved to me on the basis of satisfactory evidence to be the person(A whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/thsy 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. 4 ature CARRIE C. MURRAY 40'y Notary Public • California Orange CountyCommission # 2504942 Comm. Expires Feb 3, 2029 r (seal) HARBOR ISLAND COMMUNITY ASSOCIATION Page D-3 ATTACHMENT 1 PREMISES DEPICTION