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Home My WebLink AboutC-8966-2 - Memorandum of Concession Agreement - Corona del Mar State Beach/25/231 9.29 AM J RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Batch 15266741 Confirmation Recorded in Official Records, Grange County Hugh Nguyen, Clerk -Recorder II II III Ii'II III III LII I II NO FEE *$ R 0 0 1 4 1 6 8 3 4 5$ 2023000017142 9:23 am 01/25/23 227 NC-5 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 §§. 6103 and 27383] MEMORANDUM OF CONCESSION AGREEMENT This Memorandum of Concession Agreement ("Memorandum") is dated GC\r&1 &- %\ 1 4011- and is made between City of Newport Beach, a California municipal corporation and charter city ("City") and THEJETTYCDM, LLC, a California limited liability company ("Concessionaire"), concerning the Premises described in Attachment "A" attached hereto and by this reference made a part hereof. For good and adequate consideration, City leases the Premises to Concessionaire and Concessionaire leases the Premises from City, for the term and on the provisions contained in the Concession Agreement ("Agreement") dated OCkobev \\ ,'Lo2L , including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City 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 OGko\heJ \k % 1022 , 2022, and ending GC \( \� 2027, 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 the Agreement, the Agreement shall control. Execution hereof constitutes execution of the Agreement itself. [SIGNATURES ON NEXT PAGE] Concession Agreement - THEJETTYCDM, LLC Page 1 https://gs.secure-recording.com/Batch/Confirmation/l 5266741 112 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 §§. 6103 and 27383] MEMORANDUM OF CONCESSION AGREEMENT This Memorandum of Concession Agreement ("Memorandum") is dated GCV&,tV and is made between City of Newport Beach, a California municipal corporation and charter city ("City") and THEJETTYCDM, LLC, a California limited liability company ("Concessionaire"), concerning the Premises described in Attachment "A" attached hereto and by this reference made a part hereof. For good and adequate consideration, City leases the Premises to Concessionaire and Concessionaire leases the Premises from City, for the term and on the provisions contained in the Concession Agreement ("Agreement") dated 0C16loey \\ , -Lo22- , including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City 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 OUro\w A % 102'L 2022, and ending 6C �\ 2027, 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 the Agreement, the Agreement shall control. Execution hereof constitutes execution of the Agreement itself. [SIGNATURES ON NEXT PAGE] Concession Agreement - THEJETTYCDM, LLC Page 1 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum as of the date first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH ("City"), CITY ATTORNEY'S OFFICE a California municipal corporation and charter city Date: g�/Y LZ_ Z Date: W I 1 7-0 ?121 C / By. By: aro arp Gra eung Ci Attorney Cit anager ATTEST: Date: 07 Lzao By: Leilani I. Brown City Clerk CONCESSIONAIRE: THEJETTYCDM, LLC, a California limited liability company Date: B: Y Brian Huskey Managing Member Concession Agreement - THEJETTYCDM, LLC Page 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 California County of 0"t4(vE } ss. On Ny--jeM%et2. "S 20'Z-2 before me,je v-sI FF-a C Notary Public, personally appeared -4�Q� Vq t-1 Z#1MVE L.. 4vcsk EK who proved to me on the basis of satisfactory evidence to be the person(&) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she44@y executed the same in his/UefAheir authorized capacity(iog), and that by his/hegtheir signatures(.&) on the instrument the person(s), or the entity upon behalf of which the persona) 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. WITWESS my hand and official 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. O.."My JENNIFERANNMULVEYNotary Public - California Orange County Commission 4 2375299 Comm, Expires Oct 12, 2025 (sea State of California County of ORAN(siE } ss. On J ANV AP--i 24 , 20 L2 before me, 1&4NI FE69— i0d4N VKVLVC'I Notary Public, personally appeared Gi ALE If — L.Ey "(P proved to me on the basis of satisfactory evidence to be the person(c) whose name(s) is/.are subscribed to the within instrument and acknowledged to me that h"he/they- executed the same in N cWher/their authorized capacity(ies), and that by hirlher/their 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. WITNE S my hand and official seal. tur 0(seal) JENNIFER ANN MULVEY Notary Public - California z l; '; Orange County \ Commission # 2375299 t, My Comm. Expires Oct 12, 2025 r IN Concession Agreement - THEJETTYCDM, LLC Page 3 ATTACHMENT "A" PREMISES Concession Agreement - THEJETTYCDM, LLC Page 4 N H 9Z9Z6 b'J `&M l3a VNOWO Qo�r'e �d 3WHS 1SV3 6Z0£ i o 4 Wa0-,lLL3f 3H1 e LL N ` W NVId bOO13 Q3SOdObd LU wy yy p�k`Rg a M U m I Q ILn LoI I;t IM R s i s" -il U m I <