Loading...
HomeMy WebLinkAboutC-6075(A) - West Balboa Boulevard - MOL (Marina Park)RECORDING R �Si`ED`A WHEN RECORFTUII !0, Y Office of the City Clerk rr City of Newport Beach- 100 each 100 Civic Center, -Drive PO Box 1768` Y - Newport Beach, CA 92658 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder ''II[I III 111111111111111 1111111111 IIIA jj SII�Itll N0 FEE *$ R 0 0 0 7 5 0 8 8 4 8$ 2015000239402 8:06 am 05/08/15 47 411 M10 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383] MEMORANDUM OF LEASE AGREEMENT < This Memorandum of Lease Agreement ("Memorandum") is dated M(,° "' , 2015, and is made between City of Newport Beach, a California municipal corporation and charter city ( "City") and Lighthouse Cafe, LLC , a California limited liability company (operating as) ("Tenant"), concerning the Premises described 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 UAWA •1.1 , 2015, 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 fifteen (15) years, beginning Qin 2015, and ending 96,& 'i, .1'2i: -W , unless extended by the parties. 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] IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the dates written below. IN I CA City of Newport Beach A California Municipal Corporation Date: Edward D. Selich Mayor ATTEST: q r 1� Date: 3 V v r v v � /� IY Y Y • V Leilani I. Brown City Clerk APPROVED S O FORM: Date: I Aaron C. FWp--' cj�M ca Iwliv City Attorney TENANT Lighthouse Cafe, LLC, a California limited liability company Date: - lS By: Doug Cavanaugh Managing Member Date: 3-7,74-15 By: Tad Belshe Member 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 Q n"L'4' }ss. On 20 / �_ before me, Notary Public, personally appeared who proved to me on -the basis of satidfactory 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. -OF TkF RICK BARTLETT r` 'm COMM. # 2096208 � WIT h official seal. NOTARY PUBLIC-CALIFORNIA� ORANGE COUNTY MY COMM EXP. FEB 2, 2C?9 ign re (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 Califorpia County of C2 b;;� }ss. On % 20 f J� before me, is G✓ 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. PS`�Euw�.TNE, RICK BARTLETT WIT icial seal. € s COMM. # 2096208 ;G NOTARYPUBLIGCALIFORNIA ORANGE COUNTY Sign ure (seal) °qhs MYCCR4v1. EXP• FEB 2, 2019 NOTARY 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 ) On before me, Notary Public personally appeared DAVE KIFF, who proved to me.on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. 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. r Signature (Seal) NOTARY 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 ) On 2-c, ( before me, E _� C. LC C �L( -/Notary Public, personally appeared ` [=D�-,0�2 !�> 'i C i who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity(ies), and that by his/her signature on the instrument the person, 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.hgnd and official seal Signature .. JENNIFER ANN IUIULVE�J (Seal) ' Commission # 204LV 22 Z Notary Public _ California Z ® Orange County M Comm:EX ires Oct 92, 201 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 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11[ III 111[ IIID J�jj 11111111N0 FEE *$ R 0 0 0 7 5 0 8 8 4 7$ 20150002394018:06 am 05108115 47 411 M10 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383] MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated M Wk t4� , 2015, and is made between City of Newport Beach, a California municipal corporation and charter city ( "City") and Lighthouse Cafe, LLC , a California limited liability company (operating as) ("Tenant"), concerning the Premises described 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 M 'U , 2015, 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 fifteen (15) years, beginning '�'4 dt. i i- 2015, and ending unless extended by the parties. 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] 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: ,6- 2 4 k7 � D kiv, Edward D. Selich Mayor ATTEST: Date: 4� Mk Leilani I. Brown City Clerk APPROVED AS TO FORM: Date: � /Q 115- Aaron /SAaron C. Harp (AIA c311011S City Attorney TENANT Lighthouse Cafe, LLC, a California limited liability company Date: 3 - 2-q- Iii Doug Cavanaugh Managing Member Date: '!?-Zq - iS Tad Belshe Member LquFoFt; 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 G 5 C�'.. � e }ss. On -? " L7 - ZtS 20 J-5` before me, / Gr'tl-p-Notary Public, personally appeared a vc� . who proved to me oh the basis of -eatisfactory 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. I5��FTtiF RICK BARTLETT s� COMM. # 2036208 � WI� In official seal. �� r �dOTARYPUBLIGCAiIFOR IA ORFN(73E COUNTY °q 2." MY COMB EXp. FF8 2, 2019 Sig 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 Calif a County of ss. On _ S - Z7- 20 (S 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. yEPGop�THS RICK BARTLET WIT official seal. c� w s�� COMM. # 2,096208 7J w �sr� NOTARY PUBLIC -CALIFORNIA i 1 ORN!CL- COUNTY Sign Ure (sea . �acF MY COMM. EX?. FEE: 82., 2019• NOTARY 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 ) On before me , Notary Public, personally appeared DAVE KIFF, who proved tc me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of wli ch the person(s) acted, executed the instrument. 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) NOTARY 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 ) On RP Rk L 'F-- , 2C 15 before me, YYW�:4Notary Public, personally appeared '0. Scu iG H who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity(ies), and that by his/her signature on the instrument the person, 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 hard and official seal. JENNIFER ANN MUI VE ' Signature Coy„mission # 2045Q22 (Seal) z , , Notary Public - California Orange County J M,, Comm Ex fres Oct 12, 2p1