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