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Home My WebLink AboutC-8557-2 - MOL 2021 (with Options for Renewal) (for use of a Portion of Public Tidelands - 26th Street Dock - 2414 Newport Bvld)r Is MM15 1 V Batch 10058560 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 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II VIII II III II I iIIII II I VIII '' II NO FEE *$ R 0 0 1 2 7 5 6 2 9 3$ 202100027527411:54 am 04123121 227 NCR2 M10 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00 [Exempt from Recordation Fee - Govt. Code Sec. 27383] MEMORANDUM OF LEASE AGREEMENT (WITH OPTIONS FOR RENEWAL) This Memorandum of Lease Agreement (With Options for Renewal) ("Memorandum") is dated 8EK1 L I , 2021, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Balboa Boat Yard of Califomia, Inc., a California corporation ("Lessee"), concerning the Premises depicted in Attachment "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 Agreement dated �iQRI L 1 L$ , 2021, 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. , p The term is five (5) years, commencing on APRI L 1 2021, and terminating A? JL_ ly , 2026, with two (2) additional successive "Renewal Terms" of five (5) years each, 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] llttpS://"S.Secure-recording.com/Batch/Confirmation/10058560 04/213/2021 Batch 10058560 Confirmation APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: 1 2r1 By: ��Aaron . Harp City Attorney ATTEST: Date: �l•eU LESSOR: CITY OF NEWPORT BEACH, a CaliforniaAwnlffirporation Date: 66 1111 By. Gr . Leung C Manager LESSEE: BALBOA BOAT YARD OF CALIFORNIA, INC., a California corporation Date: By: "94� �' By: Leilani I. Brown City Clerk -2- Signed in Counterpart Patrick Werner, Jr. Chief Executive Officer Date: Signed in Counterpart By: Alison Eastman Secretary https://gs.secure-recording.com/Batch/Confirmation/10058560 Page ? of 04/213/2021 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. 27383] MEMORANDUM OF LEASE AGREEMENT (WITH OPTIONS FOR RENEWAL) This Memorandum of Lease Agreement (With Options for Renewal) ("Memorandum") is dated AEK1 L Pg , 2021, and is made between City of Newport Beach, a California municipal corporation and charter city ("Lessor" or "City") and Balboa Boat Yard of California, Inc., a California corporation ("Lessee"), concerning the Premises depicted in Attachment "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 Agreement dated *Lt I, I q , 2021, 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. , p The term is five (5) years, commencing on AFRI L 14 2021, and terminating A eiq,(u ► L4 , 2026, with two (2) additional successive "Renewal Terms" of five (5) years each, 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] APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: 1 12d By: aron . Harp City Attorney ATTEST - Date: Date: � '21. aaj LESSOR: CITY OF NEWPORT BEACH, a Cal iforniamnii lmrporation Date: UU By: Gr .Leung C t1Oanager LESSEE: BALBOA BOAT YARD OF CALIFORNIA, INC., a California corporation Date: By: NRAJI By: Leilani I. Brown City Clerk -2- Signed in Counterpart Patrick Werner, Jr. Chief Executive Officer Date: A Signed in Counterpart Alison Eastman Secretary APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: 1 1211 By: --.- aron . Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk -2- LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation Date: in Grace K. Leung City Manager LESSEE: BALBOA BOAT YARD OF CALIFORNI IN ., a California corporation Date: �� 2% � Q By: � Patrick Werner, Jr. Chief Executive Officer Date: J' By: Ai on Eastman Secretary 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 ( } ss. On 20 before me, by) i<AA-P—b Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(o whose name(O is/app subscribed to the within instrument and acknowledged to me that he/sl b/thty executed the same in hish*r/toir authorized capacity(iej), and that by his/4r/thjir signatures(A) on the instrument the person(A, or the entity upon behalf of which the person(jo 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. WITNES my hand and official seal. Si ature • '. • CHAVON KANE aj COMM...2213310 NOTARY PUBLIC -CALIFORNIA —I m ORANGE COUNTY W My Term Exp. October 5, 2021 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 '(��Q_ } ss. On �� Z, . 20 2k before me, buvar'j kA e, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person($) whose name(g) is/a/e subscribed to the within instrument and acknowledged to me that 1-0/she/toy executed the same in 4s/her/toir authorized capacity(i96), and that by tis/her/tVeir signatures(s) on the instrument the persont?-), or the entity upon behalf of which the person (X 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. CHAVON KANE WIT S my hand and(ffcial seal.COMM... 2213310 NOTARY PUBLIC -CALIFORNIA -4 m ORANGE COUNTY Gl My Term Exp. October 5, 2021 Signature (seal) -3- ATTACHMENT "1" DESCRIPTION OF PREMISES -4-