The URL can be used to link to this page

Home My WebLink AboutC-7340-2 - Newport Blvd., 2300 (Newport Bay Marina) - MOL 2017Batch 3166872 Confirmation RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder Illllll1l111111111111[1111111l111I 1111111111111111111111 NO FEE x 8 R 0 0 0 9 9 2 2 8 3 0 8- 201800007378612:06 pm 03101118 90 sc5 M11 9 0.00 0.00 0.00 0.00 24.00 0.00 0.000.00 0.00 [Exempt from Recordation Fee - Govt. Code sea 2'9Ia j _ MEMORANDUM OF LEASE AGREEMENT (WITH OPTIONS FOR RENEWAL) This Memorandum of Lease Agreement (With Options for Renewal) ("Memorpndum") is dated November 1, 2017, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City) and NPBeach Marina LLC, a Michigan limited liability company ("Lessee"), conceming 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 November 1, 2017, 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 one (1) year, beginning November 1, 2017, and ending November 30, 2018, and one (1) additional successive "Renewal Term" of twenty-three (23) 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] https:Hgs.secure-recording.com/Batch/Confirmation/3166872 03/01/2018 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recordation Fee -Govt. Code Sec. Z't}x3) _ MEMORANDUM OF LEASE AGREEMENT (WITH OPTIONS FOR RENEWAL) This Memorandum of Lease Agreement (With Options for Renewal) ("Memorandum") is dated November 1, 2017, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City') and NPBeach Marina LLC, a Michigan limited liability company ("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 November 1, 2017, 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 one (1) year, beginning November 1, 2017, and ending November 30, 2018, and one (1) additional successive "Renewal Term" of twenty-three (23) 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] LESSOR CITY OF NEWPORT BEACH, a California municipal corporation D4V iff �`� City Manager APPROVED AS -TO FORM: By: II` CSI Aaron rp ow City Attorney ATTEST: By: O'` 4i" -C" t BWL-- Leilani I. Brown City Clerk 1 00, LESSEE NPBeach Marina LLC, a Michigan limited liability company By: Its Sole Member Third Palm Capital LLC, a Delaware Limited liability company a M Chief Financial Officer [NOTE: Attach Exhibits B and C from Agreement as Exhibits A and B to this Memorandum behind attached Notary form] Memorandum of Lease Page 2 ACKNOWLEDGEMENT State of Texas County of Dallas On February 2, 2018 before me, Peggy Lea Hock, personally appeared Christopher Kelsey, 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. I certify under PENALTY OF PERJURY under the laws of the State of Texas that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ACKNOWLEDGEMENT State of Texas County of Dallas On February 2, 2018 before me, Peggy Lea Hock, personally appeared Timothy Sullivan, 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. I certify under PENALTY OF PERJURY under the laws of the State of Texas that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature q eal) 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 Wla2cF1 12018 before me, Jennifer Ann Mulvey, Notary Public (insert name and title of the officer) personally appeared bAV6 K IfF who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sbaalaay executed the same in his/hs&W4etr authorized capacity(iss), and that by his/haa&Wk signature(4on the instrument the person(.s�, or the entity upon behalf of which the person/rs) 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 WITNESS my hand and official seal. COMM #2214138 s �+ Nota Public - California^' a ONl NGE COUNTY 3 MyCommissim Upi, Oa 12,7071 1 n Signature (j ,,Nk/ (Seal) EXHIBIT "A" DESCRIPTION OF PREMISES The marina at The VUE includes a concrete floating dock system with two (2) aluminum gangway ramps. Docks made of concrete have proven to be longer -lasting and lower - maintenance than dock systems made of wood or other materials. The new docks also include a fire suppression system, potable water system, hose bibs and 50 amp electrical service pedestals at every slip. There are a total of 17 slips, in which five (5) of them are capable of housing a 60 foot vessel and 12 are capable of housing a 50 foot vessel. Additionally, there are two (2) 125 foot slips capable of housing a variety of smaller vessels. EXHIBIT "A" -1- AS ONIMVW] 11V%3d EXHIBIT "B" DEPICTION OF PREMISES EXHIBIT "B" "77 v f a