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HomeMy WebLinkAboutC-5570(AA) - West Coast Highway, 2547 - MOL 2013 (Viking's Port Marina)Pzf :2-, RF fie_ `:...r " t 'Recorded in Official Records, Orange County Hugh Nguyen, Clark-Recorder RECORDING REQL1eST5D?RND'f n< 28 NO I�' II' IIII1III "IIIII1!I1IIII�IIII'I���IIIIIII iII) NO FEE WHEN RECORDED RETURN TO: $ e a o o e 1 z e s 1 1$ ` 201300049267712:33 pm 08/20/13 Office of the City Clerk 94 411 M11 F13 8 City of Newport Beach 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 11 100 Civic Center Drive - P.O. Box 1758 Newport Beach, CA 92658 [Exempt from Recordation Fee - Govt. Code Sea 6103[ MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ( "Memorandum ") is dated March 1, 2013, 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, 2013, 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 five (5) years, beginning March 1, 2013, and ending February 28, 2018. 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) W City of Newport Beach, a municipal corporation Dave Kif) l City Manager Aaron C. Harp City Attorney LESSEE Viking's Port Marina LLC, a California limited liability company B ( ") 10 /sA)jK �� � Name: Victoria Lenich Owner [End of Signatures) -2- NOTARY ACKNOWLEDGMENT State of California ) County of ORANGE ) On Ai�G usS ; / -5, av /3 before me, 14i K-t R,t-*t^ , 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NOTARY ACKNOWLEDGMENT State of California ) County of Oi A14 E ) My ulT60-ey On . it4lq 3p i 2OI:' before r personally appeared VICTORIA LENICH, who evidence to be the person whose name is acknowledged to me that she executed the sam her signature on the instrument the person, or t acted, executed the instrument. ie, MalA'W /+nAIPM- , Notary Public, proved to me on the basis of satisfactory subscribed to the within instrument and in her authorized capacity{ es), and that by ie entity upon behalf of which the person(e) I 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) � - - - - NANCY MALONE Commission * 1876257 �� Notary Public - California z z Monterey County n M Comm. Ex Gos rab 5, 201; EXHIBIT "A" DESCRIPTION OF PREMISES EXHIBIT "A" -1- Page 1 of 6 % Date: September 1, 2010 Permit No: 5 -09 -193 M )remission granted to Victoria Pederson- , subl6ct to the attached Standard and Demolition of an existfng;multiple -boat dock structure and construction of a new dock structure able to accommodate 8 to 10 boats consisting of an 8 .:# nn4.,trfrie-H,r- Sdd.. #rm4 -f�,sn nnay'H,aioai. =-elA S!'£Xn4'tuirAia ^viii "1tG #icier #'(n,sti ,w:�i,� '-". -. � -.. ..... walk with a 14 foot wide lobe where the gangway lands, with four dock fingers ranging In.langth from 23 feet to 42 feet. In addition, the two exisfing piles are proposed to be removed and four new, 12 -inch diameter steel friTes are proposed to be installed. More specifically described in the a ilca . on, Eels In the Commission offices. The development is within the coastal zone in Orange County at 2547 West Coast Highway, Newport Beach. Issued on behalf of.the California Coastal Commission. on September 1, 2010 PETER DOUGLAS Executive Director ACKNOWLEDGMENT By: Title: Coastal Program alyst The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN, CODE SECTION 13158(a). Date Signature of Permittee, Please sign and.retum one copy.of this form to the Commission office at the above address. Task Remove asphalt & bases Remove partition wall back Core drill wall Final Invoice Amount % Billed $3,680.00 100% $3,680.00 $7,490.00 100° /a $7,490.00 Furnish & install Chance Helical anchors $52,175.00 1000/0 $52,175.00 Patch wall $2,550.00 100% $2,550.00 Furnish & install galvanized steel walers $19,010.00 100% $19,010.00 Tension & grout tiebacks $675.00 100% $675.00 Backflll & compact $1,070.00 1000/0 $1,070.00 Change order #1 $1,156.00 100% $1,156.00 Change Order #2 $12.975.00 100% $2.975.00 Subtotal $90,781.00 $90,781.00 Less previous.application for payment ($83.574.101 Total This Invoice $7,206.90 Please make checks as follows: Shellmaker Inc. & Adams Construction Services $2,620.00 Shellmaker Inc. $4,586.90 . _ 83`7 L3. OM Streel. Costa Msas, CA 92OZ? Phone (949) 648 -5859 Fax (949) 548 -5315 General tingineesing Ciontrector6/LiCense No. 5614344 derine Construction and Dredging DEPICTION OF PREMISES