HomeMy WebLinkAboutC-7053-2 - MOU for Operation of Conession AreaN
r
CJ
I�
24 "`i 9: 4
t.,
RECORDING REQ0ESTED AND
WHEN RECORDED RETURN TO:
Office of the City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII NO FEE
*$ R 0 0 0 8 2 1 7 7 4 7$
2016000105505 3:28 pm 03114116
276 409 M10 3
0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00
[Exempt from Recordation Fee - Govt. Code Sec. 6103]
MEMORANDUM OF AGREEMENT FOR OPERATION OF
CONCESSION AREA
This Memorandum of Agreement for Operation of Concession Area ("Memorandum") is
dated OC-k-09�.-( a6i, �,U ISand is made between City of Newport Beach, a California
municipal corporation and charter city ("City") and Brothers Huskey, LLC, a California
limited liability company ("Concessionaire"), 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 Concessionaire and
Concessionaire hires them from City, for the term and on the provisions contained in the
Concession Agreement ("Agreement") dated U} b t�r 1`�I, �, b i 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 month-to-month, commencing on the Effective Date unless terminated
sooner, as defined 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 NEXT PAGE]
Concession Agreement Page C-1
IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum
as of the date first written above.
CITY OF NEWPORT BEACH ("City"),
a California municipal corporation
and charter city
By:
Da�iff
City Manager
ATTEST:
at ko;-" , �4woo�-�
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
OFFICE O E CITY ATTORNEY
Aaron C. Harp
City Attorney
BROTHERS HUSKEY, LLC,
("Concessionaire"), a California
limited liability company
By:
Brian Huskey
Managing Member
®,1Jnra1P•
Brothers Huskey, LLC Concession Agreement Page C-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 (pt2t! r,.1Co C ___)ss.
On fEDRuqg.t 20 LS before me, SGNN��rz.WNty iAv�V�1 ,
Notary Public, personally appeared &k Ro,� S►4rn O EL. 14 o s1C,C--t
who proved to me on the basis of satisfactory evidence to be the person(-s�whose name fs)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/hefA#eir authorized capacity(ios), and that by his/heffthTr signatures(s-) on the
instrument the person(5.)„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.
WITN 7=1 seal.JENNIFER ANN MULVEY
r7X11-1--:T7zCornmission # 2045022
a "-,� Notary Public - California z
Z `Hs, '� orange County
Signature My . Expires Oct 12, 2017
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 CV- r I ss.
On ?, 20 _ before me,
Notary Public, perso ally appeared 0€>yc Y f
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/herJtheir 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. _
JENNIFER ANN MULVEY
WITNES y hand and official seal. commission # 2045022 Z
Notary Public - California Z
Z `� Orange County
My Comm. Ex ires Oct 12, 2017
ign re (seal)
Brothers Huskey, LLC Concession Agreement Page C-3