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HomeMy WebLinkAboutC-5570(B) - West Coast Highway, 2547 - MOL 2018 (Viking's Port Marina)Batch 3231599 Confirmation . Page 1 of 4 RECORDING REQUESTED 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 II 11111 III II I II 11 II II II III 1 *$ R 0 0 0 9 9 7 0 7 7 1$* 2018000102957 4 07 pm 03/22/18 7405M11 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.00 0.00 NO FEE [Exempt from Recordation Fee - Govt. Code Sec. 21363 MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated March 1, 2018, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Viking's Port Marina LLC, a California 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 March 1, 2018, 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 fifteen (15) years, beginning March 1, 2018, and ending February 28, 2033. 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://gs.secure-recording.com/Batch/Confirmation/3231599 03/22/2018 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code Sec. Z-73$3 MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated March 1, 2018, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Viking's Port Marina LLC, a California 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 March 1, 2018, 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 fifteen (15) years, beginning March 1, 2018, and ending February 28, 2033. 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] -1- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the date and year first written herein. LESSOR City of Newport Beach, a California municipal corporation ��� ( - �� 1. j\, Dave City Manager ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: LESSEE Viking's Port Marina LLC, a California limited liability company By: Victoria Lenich Owner f- u -Z- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the jq4 r ent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif rrry''a County of OniL/sr4 IS.iblq before me, /,t�i,nUoi�y+ow Ne+isrgo.u��P� 'll ++ (insert nam and title of the officer) personally appeared Vic ��a- %-wev Ze-(A 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 cagacity(io), 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 California that the foregoing paragraph is true and correct. KEVIN JOSEPH BECKMAN WITNESS my hand and official seal, Notary auor� -Cali ornia z Monterey County z Commission x 2215535 Poly Comm. Expires Oct 16, 2021 Signature (seal) -3- 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 MFIRc-N '22,2018 before me, Jennifer Ann Mulvey, Notary Public (insert name and title of the officer) personally appeared DAVE ILI PF who proved to me on the basis of satisfactory evidence to be the person() whose name(&) is/a.Fe subscribed to the within instrument and acknowledged to me that he/ske4l;o,� executed the same in his/bep4hQ4F authorized capacity(iee), and that by his/he4N4eir signature(.&) on the instrument the person(4), or the entity upon behalf of which the personEg) 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 m hand and official seal. nniferAn Mulvey Y COh1M #2214138_ a Notary Public Cahforma A .0 ORANGE COUNTY / I n My CommissionupiresOa JZ2021 Signature kq�� 1 �!e �. (Seal) EXHIBIT A DESCRIPTION OF PREMISES 5-09-193 (Pedersen-Lenich) Page 16 COASTAL COMMIS EXHIBIT # PAGE_„� I ___- )F EXHIBIT B DEPICTION OF PREMISES spr7i`1 v Jul x � v E ,C J N a � � v a t � a t� 2 N a C a, a 3 , V m n o ♦ O N