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Home My WebLink AboutC-8316-2 - Harbor Island Drive, 829 - MOL (Tenant 4) "Balboa Yacht Basin"Document -2462780 -Page -1 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 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111111111111111111111111111111111111I111111111111111111111111111IN NO FEE *$ R 0 0 0 8 9 1 3 6 9 5 E 2016000623504 9:51 am 12109116 90 sc5 M11 9 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 [Exempt from Rewrdabon Fee- GDVL Code Sea 61031 MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated Noltroo 2 1 2016, and is made between City of Newport Beach, a California municipal corporation and charter city ("City') and Pacific Metals Group, LLC (doing business as Pacmet), a California limited liability company ("Tenant"), concerning the Property and Premises as legally described and depicted in Exhibit "A" attached hereto and by this reference made a part hereof. For good and adequate consideration, City teases the Premises to Tenant, and Tenant leases the Premises from City, for the term and on the provisions contained in the Agreement dated November 1, 2016, 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 three (3) years, beginning November 1, 2016, and ending November 1, 2019, and one (1) elective additional successive "Option Term" of three (3) years, 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 other parts of the Agreement, the other parts of the Agreement shall control. Execution hereof constitutes execution of the Agreement itself. [SIGNATURES ON NEXT PAGE] Pack Metals Group, LLC (DBA Pacmet) Page E-1 Page 1 of 1 about:blank 12/09/2016 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 Sec. 6103] MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated Nogtm5m I , 2016, and is made between City of Newport Beach, a California municipal corporation and charter city ("City") and Pacific Metals Group, LLC (doing business as Pacmet), a California limited liability company ("Tenant"), concerning the Property and Premises as legally described and depicted in Exhibit "A" attached hereto and by this reference made a part hereof. 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 Agreement dated November 1, 2016, 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 three (3) years, beginning November 1, 2016, and ending November 1, 2019, and one (1) elective additional successive "Option Term" of three (3) years, 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 other parts of the Agreement, the other parts of the Agreement shall control. Execution hereof constitutes execution of the Agreement itself. [SIGNATURES ON NEXT PAGE] Pacific Metals Group, LLC (DBA Pacmet) Page E-1 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum as of the date first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: f J<Y1L! By: �/f Aaron C. Harp City Attorney ATTEST: Date: /9. "Ir I By: j6- `'(//Y'II— Leilani I. Brown City Clerk10eZ0P�1 CITY OF NEWPORT BEACH, a California municipal corporation Date: 1-4 -�. -» By: 44. , Dave Kms' City Manager TENANT: PACIFIC LLC (DBA PACMET), liability company Date: By: David A. Janes Manager [END OF SIGNATURES] METALS GROUP, a California limited ATTACHMENTS: Exhibit A — Legal Description and Depictions of Property and Premises Pacific Metals Group, LLC (DBA Pacmet) Page E-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 California County of ss. On 2016 before me,-,///�- L7 Notary Public, personally appeared iii who pr ved to me on the basis of satisfactory evidence to be the person(s)—whose name(s) is/ar€ subscribed to the within instrument and acknowledged to me that he/s h6yt executed the same in his/heMher authorized capacity(ies), and that by his/her/thek signatures(s-)on the instrument the personK, or the entity upon behalf of which the person(sracted, 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. JIN LI WITNESS my hand and l seal on ssra # zttzasa California z Lt ;; c '10, County Signat� tv .:Cs Jrr; 15(wg 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. On DEc mjapm A 20_Ltk__ before Notary Public, personally appeared 'DAyE Kkf proved to me on the basis of satisfactory evidence me, ANN%frm RIVN PY1k).VF`1 , to whose subscribed to the within instrument and acknowledged to me that he/sheAb4@* executed the same in his/klsFAheir authorized capacity(ies), and that by his/hQW#l0k signatures(&) 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 . y hand and official seal. ignatu JENNIFER ANN MULVEY Commission # 2045022 Notary public - California a: Orange County M Comm.. Ex ares Oct 12, 2017 (seal) Pacific Metals Group, LLC (DBA Pacmet) Page E-3 EXHIBIT A PROPERTY AND PREMISES DESCRIPTION AND DEPICTIONS 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. Pacific Metals Group, LLC (DBA Pacmet) Page E-4 EXHIBIT A-1 0 m / O I Property \r eAL80A BCYp - . III SAN loAQu1N MILS riQ x c v 0 u 6� d� Newport Bea "h Disclaimer. Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. 0 4,456 8,912 Imagery: 2009-2011 photos provided by Eagle ^. -, - Feet Imaging www.eaglaaerial.com 1 tnnma EXHIBIT A-2 F. > •rF�I�r �— �Y• _ �•-,>zb �,4.t. . _�Rw, at7��+ff.��]��ti�l �l��.i�� 'I�M• gNTN % t I,� �s\ './��►•�nJ:.% A.� _®v� fi 1 ten°„ �- � • _ - - - -..: �„ Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of GIS 0 Newport Beach and its employees and agents disclaim any and all responsibility from or relating to ��EWvogT any results obtained in its use. m 0 417 833 Imagery: 2009-2013 photos provided by Eagle i Feet Imaging www.eagleaedal.com Gq �•(J RN�� EXHIBIT A-3 )n m IN �y ue =ar ni 41 ns 1=I zra +,s BAYSIDE 1) \ HARBOR ISLAND 'z a n .. ND DR x PROMO ,kw iw 1j, ti �R E ti ufi Nf 4 u a Newport Beach GIS �EWPpkr 0 ° 0 200 400 U ypF onar Feet ,e '- s AY.FAJP7I2AEt.F �N, ..):I Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Imagery: 2009-2013 photos provided by Eagle Imaging www.eagleaedal.com EXHIBIT B-1 Office #1 RSF: 790 sf SCALE: 1/2" = 1r_01r SHEET SIZE: 11x17 10' 5' 0' 10' GRAPHIC SCALE 1614 829 Harbor Island Drive Newport Beach, CA WorkSpacePlans kim@workspaceplans.com jill@workspaceplans.com EXHIBIT B-2 Office #2 SCALE: 1/2" = V-0" o s' a m• GRAPHIC SCALE RSF: 136 sf SHEET SIZE: 11x17 WMI 829 Harbor Island Drive • Newport Beach, CA WorkSpacePlans kim@workspaceplans.com 1111@workspaceplans.com