HomeMy WebLinkAboutC-4400(A) - MOA for Lease of Submerged Public Trust Lands - 2016RECORDING REQUESTED, -AND.
� WHEN RECORDED RETURN TO:
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Office of the City Clerk
City of Newport Beach
, 100 Civic Center Drive
Newport Beach, CA 92660
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Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II 11111111111 III III 111 1111111111111 I NO FEE
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2016000078586 3 30 pm 02125116
276 409 M10 7
0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00
[Exempt from Recordation Fee - Govt. Code Sec. 6103]
MEMORANDUM OF AGREEMENT FOR LEASE OF
SUBMERGED PUBLIC TRUST LANDS
This Memorandum of Agreement for Lease of Submerged Public Trust Lands
("Memorandum") is dated-Vs-N.4Wl , i and is made between City of Newport
Beach, a California municipal corporation and charter city ("Lessor" or "City") and San
Pedro Bait 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 71-6Avakm, 1 : t✓i , 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 January 1, 2016, and ending December 31, 2020,
and one (1) additional successive "Renewal Term" of five (5) 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 NEXT PAGE]
Lease of Submerged Public Trust Lands Page E-1
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first written above.
CITY OF NEWPORT BEACH ("Lessor"),
a California municipal corporation
and charter city
By:
San Pedro Bait Co. ("Lessee"),
a California corporation
Dave Kiff Mark Pisano
City Manager President
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
(-
Aaron C. Harp
City Attorney
(VA V1-11-111c
y a
Paul Strasser
Treasurer
Lease of Submerged Public Trust Lands Page E-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 Calornia
County o } ss.
On 12 --fit is , 20 v ` k}efore
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the p'er'on(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
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ignature
of the State of California that the
4 LIBER TA O DI BERNARDO
Commission # 2043269
Notary Public - California z
Los Angeles County
My Comm. Expires Oct 26, 2017
(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 C< (!- c= } ss.
On ,jAsv lc , 20 before me, Jc4vivtFcti Nwi- 'V1 J:vC--(
Notary Public, personally appeared hiakt.k r
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 persons) 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
JENNIFER ANN MULVEY
Commission # 2045022
< " 3�' Notary Public - California z
'!9 Orange County
Comm. Ex Tres Out 12, 2017
(seal)
Lease of Submerged Public Trust Lands Page E-3
EXHIBIT "A"
BAIT BARGE
Bait Barge is constructed of three -sixteenth inch (3/16") thick A36 steel formed and
welded into thirty-six inch (36") x thirty-six inch (36") pontoons as the perimeter. The
overall outside dimensions of the Bait Barge is twenty-eight feet (28') wide x one
hundred and fourteen feet (114') long.
The interior of the Bait Barge consists of eight (8) ten feet (10') x six inch (6") openings
for rigid "boxes" and two (2) twenty-two foot (22') x twenty-two foot (22') openings with a
depth of eight feet (8') for net wells. The "boxes" are ten feet (10') x ten feet (10')
across the top by ten feet (10') deep and are made of three (3) x three (3) s quarter (1/4)
type 316L stainless steel angle which is enclosed with a PVC coated, half inch (1/2")
square opening, wire mesh. The Bait Barge was designed with specific intent to create
a superior method of eliminating floating bait by disposing of it through the bottom of the
Bait Barge, thus protecting and eliminating attraction by wildlife to the discarded bait.
The "house" is raised three (3) feet off the deck, supported by three (3) x three (3) x
two -hundred and fifty (250) type three -hundred and sixteen (316) stainless steel tube
and is approximately eight feet (8') wide x nineteen feet (19') long and constructed to
local building codes.
The one hundred ten (110) volt power to the Bait Barge is supplied by a super quiet
Honda gas generator model EU6500. The twenty-four (24) volt system is supplied by a
closed cell battery system, which is charged by three (3) solar panels on top of the
house. The super quiet generator will only need to be run approximately three (3) hours
per day, due to solar panels and an inverter, which converts a twenty-four (24) volt
power supply to a one hundred ten (110) volt power supply.
The Bait Barge is painted gray.
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EXHIBIT "B"
BAIT BARGE PHOTOS
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