HomeMy WebLinkAboutC-7064-2 - East Bay Avenue, 600 - MOL76FgfflORDIN' G R1= kESTED AND
WHEN RECORDED RETURN TO:
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O fl6 of the City Clerk
C ?qty of.Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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[Exempt from Recordation Fee - Govt, Code Sec. 61031
MEMORANDUM OF LEASE AGREEMENT
(WITH OPTION FOR RENEWAL)
This Memorandum of Lease Agreement (With Option for Renewal) ("Memorandum") is dated
March 1, 2013, and is made between City of Newport Beach, a California municipal corporation
and charter city ("Lessor" or "City') and NHNM Property Holdings, LLC ("Lessee"), concerning
the Premises described in Exhibits A" and "B," attached hereto and by this reference made a
part hereof.
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 Agreement dated March
1, 2013, 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 five (5) years, beginning March 1, 2013, and ending February 28, 2018, and one (1)
additional successive "Renewal Term" of thirteen (13) 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 shall
control. Execution hereof constitutes execution of the Agreement itself.
[Signatures on the next page]
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LESSOR
City of Newport Beach,
a municipal corporation
Dave Riff,-tity Manager �}
ATTEST:
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Leilani Brown
City Clerk
APPROVED AS TO FORM:
Aaron C. Harp
City Attorney
LESSEE
NHNM Property Holdings, LLC,
a California limited
liability company
Linda S. Mayer, Manage(
[NOTE. Attach Exhibits A and B from Agreement as Exhibits to this Memorandum behind
attached Notary form]
WA
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 Califorrn��,ia
County of (`J )
On Zn It before me, �R>n
^�(_in�grtnamea dtitleoftheofflce)
personallyappeared L:1 4a' - / xe-/
who proved to me on the basis of satisfactory evidence to bathe person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged tome that he/shelthey executedthe same in
his/her/theirauthorized capaci ie ,and that byhis/her/theirsignature(s) on the instrument the
person(s), orthe 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. SEAN ANGIER -�[(
Commission # 2057070 L
Notary Public - California i
g < 4��Seal)
Orange CountMy Comm. Exnires Jan 3, 201!Si nature s�
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
t:mL m<a<.m _ _aCCc��.at a�,atwm2C£aL sL.�AGaf.aC rC �L�•,� a .at �•,mf.m s�•./.\C.a . .aGw•G-a'C2CaL.mL �G:\C./'.�i �CaY.
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. J
State of California )
County of r_)(ZI1N1 C E )
On ClH 1'7. 01�( before me, -,EIVNIi7eQ lt<" Mo LN NOTAX2jR.3(_IC,
Date Here Insert Name and Title of the Officer
personally appeared V 1 k F
Name(s) of Signers)
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 signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
JENNIFER ANN MULVEY
a
Commission N 2045022
i •�y'� a, Notary Public - Califomia z
Orange Courrty �
M Comm, E res Oct 12 201 +
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hind and official seal.
Signature
Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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EXHIBIT "A"
DESCRIPTION OF PREMISES
The docks are constructed of wood and are supported by concrete pilings. Water and electricity
are provided. There are also dock boxes and a hydro hoist.
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EXHIBIT "B"
DEPICTION OF SUPPORT PREMISES