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HomeMy WebLinkAboutC-7347-3 - West Pacific Coast Highway, 3333 and 3335 - MOL 2018Batch 3196695 Confirmation RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 4 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111111111111101111111111111111111111111111 NO FEE *$ R 0 0 0 9 9 4 5 8 7 1$* 2018000087459 9:02 am 03113118 227 404 M 11 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.00 0.00 [Exempt from Recordation Fee - Govt. Code Sec. 273831 MEMORANDUM OF LEASE AGREEMENT (WITH OPTION FOR RENEWAL) This Memorandum of Lease Agreement (With Option for Renewal) ("Memorandum") is dated July 1, 2018, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Golden Hills Properties, LLC, a California limited liability company DBA Newport Marina ("Lessee"), concerning _ the Premises described and depicted in Exhibit "1" 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 Lease Agreement (With Option for Renewal) ("Agreement") dated July 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 into this Memorandum by this reference. The term of the Agreement is ten (10) years, beginning July 1, 2018, and ending June 30, 2028. If Lessee is not in default of its obligations under the Lease Agreement, has completed improvements to the docks as outlined in the Agreement, and upon the agreement of the City, then Lessee shall have the option to extend the Term of the Agreement for one (1) additional successive Renewal Term of thirty (30) years, on the same terms and conditions contained in the Agreement. As provided by the Tidelands Grant, in no event shall the Term and any Renewal Terms exceed a total of fifty (50) years. 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/3196695 03/13/2018 Batch 3196695 Confirmation LESSOR City of Newport Beach A California municipal corporation By: Dave Ki City Manager ATTEST: LESSEE Golden Hills Properties, LLC, a California limited liability corporation, DBA Newport Marina By: Michael Delij i Manager i By: Shahram Deli' i Manager APPZr TO FORM: Aaron C. Harp City Attorney Page 2 of 4 https:Hgs.secure-recording.com/Batch/Confirmation/3196695 03/13/2018 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code Sec. 27383] MEMORANDUM OF LEASE AGREEMENT (WITH OPTION FOR RENEWAL) This Memorandum of Lease Agreement (With Option for Renewal) ("Memorandum") is dated July 1, 2018, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Golden Hills Properties, LLC, a California limited liability company DBA Newport Marina ("Lessee"), concerning the Premises described and depicted in Exhibit "1" 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 Lease Agreement (With Option for Renewal) ("Agreement") dated July 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 into this Memorandum by this reference. The term of the Agreement is ten (10) years, beginning July 1, 2018, and ending June 30, 2028. If Lessee is not in default of its obligations under the Lease Agreement, has completed improvements to the docks as outlined in the Agreement, and upon the agreement of the City, then Lessee shall have the option to extend the Term of the Agreement for one (1) additional successive Renewal Term of thirty (30) years, on the same terms and conditions contained in the Agreement. As provided by the Tidelands Grant, in no event shall the Term and any Renewal Terms exceed a total of fifty (50) years. 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 By: �' I Dave Ki City Manager ATTEST: Leilani I. Brown City Clerk APPROVE TO FORM: Aaron C. Harp I��IIt` City Attorney LESSEE Golden Hills Properties, LLC, a California limited liability corporation, DBA Newport Marina By: _ Michael Delij i Manager By: Shahram Deli i Manager 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 OR A1t` tDV_ } SS. On ►mAo_L%1 cl 2016 before me, JeNt.31T-rm AN,) o600/E / , Notary Public, personally appeared AVi' 1LtFF who proved to me on the basis of satisfactory evidence to be the person(&) whose name(6) is/are subscribed to the within instrument and acknowledged to me that he/sthey executed the same in his/hafAheir authorized capacity(ies), and that by his/harAheir signatures{) 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. WITNESS mypand and official seal. Signature .::. Jennifer Ann Mulvey COMM #2214138 a w Notary Public -California m a / ORANGE COUNTY My Commission Expires Oct. 12,2021 ♦1NN�13�� se�1�Mw++�M � s��sH��s��N�����N�� 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. (seal) State of California County of ) SS. On 20 before me, Notary Public, personally appeared 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 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. WITNESS my hand and official seal. Signature (seal) 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 Calif rnia , County of � -�%� _S } ss. On c� 20 before me, Notary Public, pers nally appeared >` q who proved to me on the basis of satisfactory evidence to be the person who e nameL is/are--subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/he4lbjair authorized capacityDe6), and that by his/herftheir signatures on the instrument the perso550, or the entity upon behalf of which the person(,} -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. LARION AYZMAN COMM. #2115103 z WITNESS my h nd official seal. ZW�c o Notary Public California o Z Ventura County My Comm. Expires June 12, 2019 Sid ure (seal) 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 5 �`' 'P�P1 ss. On �4 20 before me, ©t t �` Notary Public, pers lly appeared proved to me on the basis of satisfactory evidence to be the persorl.(."hose nameLs. -i /axe subscribed to the within instrument and acknowledged to me that hp %4@A -hey executed the same in his/kel;4 eir authorized capacity(i&s}; and that by his/her-/4teir signatures4s4-en the instrument the person,(*�,or the entity upon behalf of which the perso�j,s cted, 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. LARION AYZMAN COMM. #2115103 zz Notary Public California p WITNESS my ha d official seal. °�;—+c 2 Z • Ventura County My Comm. Expires June 12, 2019 Sign (seal) EXHIBIT 1 Parcel 4 (APN 049-130-26) A parcel of land situated in the City of Newport Beach, County of Orange, State of California, being a portion of Section 28, T6S, R10W, SBBM, and more particularly described as follows: Beginning at the U.S. Bulkhead Station No. 227A (P.O.B.), as U.S. Bulkhead Lines and Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor", approved by the Secretary of the Army, February 15, 1951, and on file in the U.S. District Engineer's Office, Los Angeles, California; thence northwesterly along the northwesterly prolongation of the U.S. Bulkhead Line between U.S. Bulkhead Stations No. 227A and 227B in a direct line, N 79° 02-20 W, a distance of 28.23 feet, to the northeast corner of that certain parcel of land described in deed to the State of California from the City of Newport Beach, recorded in Book 3111, Page 125, and dated June 12, 1955, Official Records of Orange County, California; thence southwesterly along a non -tangent curve concave to the northwest, a radial line through said point bears North 56° 09' 33 West , having a radius of 326.00 feet and a central angle of 060 50'46", an arc distance of 38.95 feet; thence S 180 37'40" W, a distance of 39.51 feet, thence S 420 37' 40" W, a distance of 77.97 feet, thence S 600 26' 17 W, a distance of 90.00 feet to the southwesterly prolongation of the northwesterly line of said parcel of land, as shown on a Record of Survey, recorded in RS Book 220, Pages 44-50, and dated June 27, 2007, Official Records of Orange County, California; thence S 180 37' 40' W, a distance of 34.79 feet to an intersection with the North Channel Reservation Line as recorded in Book 162, Page 1, Official Records of said Orange County; thence easterly along said Channel Reservation Line and its northeasterly prolongation, N 880 54' 01" E, a distance of 138.65 feet, to the U.S. Bulkhead Station No. 226A, as said Bulkhead Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor"; thence northeasterly along U.S. Bulkhead Line between U.S. Bulkhead Stations No. 226A and 227A, N 18° 37' 40" E ,a distance of 85.88 feet; thence northeasterly in a direct line to U.S. Bulkhead Station No. 227B, N 360 37' 03" E, a distance of 129.32 feet; thence northwesterly along U.S. Bulkhead Line, N 790 02' 20" W, a distance of 40.80 feet to U.S. Bulkhead Station No. 227A, the point of beginning (P.0.B.). Area contains approximately 17,210 square feet (0.395 acres), more or less. A portion described in a Grant Deed, recorded June 12, 1955, in Book 3111, Page 125 of Official Records of Orange County A portion described in a Record of Survey, recorded June 27, 2007, in RS Book 220, Pages 44-50 of Official Records of Orange County A portion shown on ALTA Survey, filed 01/06/1989 by Douglas R Howard, PLS 6169 (per Psomas and Associates) North Channel Reservation Line 1 inch = 40 feet e io ,o .i ,\ r Jev—, n -m. Docks Pd4 r?—d P.O.B. US 217 .23' — 79 02-20 E 40. g' N 79-02?O F r r / r r ro 7 ^i r 2 i ! i r r r r � / 1 r / t r r r/ r r r't 17,210 sq R �P�' 0.395 acres lrr i i qW 4U 0y p M 2 Parcel 4 Grant Deeds - OR 162/1, OR 311 1/1 25 Record of Survey - RS 220/44-50 0'j'` ... <, US Bulkhead Stations Gly of Naw pori Beach GIS DMO " febroary 16, 2016 COAST HWY W Leased Tidelands 2 79 US Bulkhead Stations Bulkhead/Pierhead Leased Tidelands 4 (Newport Marina - Golden Hills Properties, LLC) C,.= N.r,pnd 9rpd, Sepremxr et, ]01l 3335 3333 313, n 3j2, �4 n h. m U O c LC T - T U R N! N 1 G ~` B A S I N Leased Tidelands 2 79 US Bulkhead Stations Bulkhead/Pierhead Leased Tidelands 4 (Newport Marina - Golden Hills Properties, LLC) C,.= N.r,pnd 9rpd, Sepremxr et, ]01l