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HomeMy WebLinkAboutC-8684-2 - Memorandum of Lease AgreementBatch 11419892 Confirmation MEMORANDUM OF LICENSE RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder jj1111 111111111III II j II j [1111111 II 11NO FEE *$ R 0 0 1 3 0 9 5 4 3 0$* 202100052310911:21 am 08119121 90 RW9A M 10 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00 [Exempt from Recordation Fee - Govt. Code Sec. 27383] MEMORANDUM OF LICENSE AGREEMENT This Memorandum of License Agreement ("Memorandum") is dated I , 2021, and is made between City of Newport Beach, a California mun •ipal corporation and charter city ("City") and Cameo Community Association, a California nonprofit corporation ("Licensee"), formed for the purpose of managing and operating the communities located in the Cameo Shores and Cameo Highlands Tracts in Newport Beach, California, concerning a portion of the City's property ("Property") depicted in Exhibit "A" attached hereto and by this reference made a part hereof. For good and adequate consideration, City licenses a portion of the Property to Licensee for the latter's nonexclusive use to install and maintain certain improvements, for the term and n the provisions contained in the Revocable Nonexclusive License Agreement dated ,JijST L 2021 ("License"), including without limitation provisions prohibiting assignment, subleasing, and encumbering said License except upon the terms and conditions more specifically set forth therein. The License is incorporated in this Memorandum by this reference. n The term of the License is thirty (30) years, commencing on L 69 UST- 6 2021, and terminating$T ] 2051, with one (1) additional successive "Option Term" of ten (10) years, on the same terms and conditions contained in the License. This Memorandum is not a complete summary of the License. Provisions in this Memorandum shall not be used in interpreting the License's provisions. In the event of conflict between this Memorandum and the License, the License shall control. Execution hereof does not constitute execution of the License itself. [SIGNATURES ON FOLLOWING PAGE] Cameo Community Association Page E-1 Page 1 of 2 https://gs.seCLire-recordinL).com/Batch/Confirmation/1 1419892 08/19/2021 MEMORANDUM OF LICENSE 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 LICENSE AGREEMENT This Memorandum of License Agreement ("Memorandum") is dated �l=YT i 2021, and is made between City of Newport Beach, a California muni ipal corporation and charter city ("City") and Cameo Community Association, a California nonprofit corporation ("Licensee"), formed for the purpose of managing and operating the communities located in the Cameo Shores and Cameo Highlands Tracts in Newport Beach, California, concerning a portion of the City's property ("Property") depicted in Exhibit "A" attached hereto and by this reference made a part hereof. For good and adequate consideration, City licenses a portion of the Property to Licensee for the latter's nonexclusive use to install and maintain certain improvements, for the term andn the provisions contained in the Revocable Nonexclusive License Agreement dated 4wic.-cDr- i , , 2021 ("License"), including without limitation provisions prohibiting assignment, subleasing, and encumbering said License except upon the terms and conditions more specifically set forth therein. The License is incorporated in this Memorandum by this reference. The term of the License is thirty (30) years, commencing on A U C', US i 1 " 2021, and terminating Ute L � 1!,3 , 2051, with one (1) additional successive "Option Term" of ten (10) years, on the same terms and conditions contained in the License. This Memorandum is not a complete summary of the License. Provisions in this Memorandum shall not be used in interpreting the License's provisions. In the event of conflict between this Memorandum and the License, the License shall control. Execution hereof does not constitute execution of the License itself. (SIGNATURES ON FOLLOWING PAGE] Cameo Community Association Page E-1 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first herein above written. APPROVED AS TO FORM: CITY ATTOR���'LOFFICE Date: By: A Har Cityon ttorney ATTEST: Date: X. / ?. 202 / 101- Leilani I. Brown City Clerk, 0'0a ; CITY OF NEWPORT BEACH, a California municipal corporation Date: MAY D 7 2021 By: Grace . Leung City anager LICENSEE: CAMEO COMMUNITY ASSOCIATION., a California nonprofit corporation Date: l e , By: Henry burkeAe Board President / Chief Executive Officer Date: I I r 1 By - Mona Karimpour Board Secretary Attachment(s): Exhibit A- City Property Description and Depiction Cameo Community Association Page E-2 h 1laal.l•:111:all!\"'n.\t'IN.�'1,\at.lvl)1:.\II:�'1'-\r'1�.\'.lea California Ali -Purpose Certificate of 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 S. S. _ I - On before me, Daniela Chavez - Notary Public 1 Name of Notary Public. Title Dill o-, � C ur1 �,'�' personally appeared } Name of Signer 11) Name of Signer i2) 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 capacity(ies), 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 lawsCMVEZA 4` DANIELA of the State of California that the foregoing paragraph is '`'°' ED CONIM230079 i ... i, true and correct. m�T U NOTARY PUBLIC -CALIFORNIA —I _ CO o ORANGE COUNTY CJ _ _ WITNESS my hand and official seal. My Torm Exp. August 23 5seal ` Signature of Notary Public ++� OPTIONAL INFORMATION Although the informat;on in this section is not required by law. it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification titled/for the purpose of (/ �' - 1 "('' `���.�) ,:• (document Proved to me on the basis of satisfactory evidence: �; y~I r 7rl�lr; i�.••'i 1 �) tom' � l'I Y f `V F 1 t I I *(:- , ,, ❑ form(s) of identification El credible witness(es) containing pages, and dated i ') �� �— Notarial event is detailed in notary journal on: < The signer(s) capacity or authority is/are as: Page Entry # ❑ Individual(s) Notary contact: ' ❑ Attorney-in-fact ❑ Corporate Officer(s) other Titled ❑ Additional Signer ❑ Signer(s) Thumbprints(s) - i ❑ Guardian/Conservator = ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: '- representing: - \lameisr �f person ,r cntl!niesr Signer s Reoresenloac, - i 141,1.r:nl:.ar:.'r.\.1:..-.ra,1.r:nl.au.."I•..1'1...'I,I.Lunr:alc...1- J 2009-20 15 Notary Learning Centar —All Rights Reserved You can purchase copies of this form from our ,Neb site ai PWN ThelNotarysStore corn EXHIBIT "A" CITY PROPERTY DESCRIPTION AND DEPICTION Certain real property in the City of Newport Beach, County of Orange, State of California, described as follows- Lot B and Lot C of Tract 3357 as per map recorded in Book 107, Pages 1 to 7. A.P.N.s 475-056-04 and 475-021-13, and 475-055-10 Cameo Community Association Page E-3 Exhibit B