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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