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HomeMy WebLinkAboutC-5888(A) - Pacific View Drive, 3443 (3300) - MOL 2014 - Big Canyon Reservoir�r t tk t RECORD INGRFQI TED AND WHEN 'RECCObED RETURN TO City Clerk's Office City©f Newport Beach . 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Space above this line for Recorder's use only. TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder jj II IIIA jj III 1�11� 1�111 jj�[ I III jj NO FEE *$ R 0 0 0 7 5 4 5 3 0 1$* 2015000266134 8:05 am 05122/15 47 411 M10 7 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 [Exempt from Recordation Fee Govt. Code §§ 6103 & 273831 , MEMORANDUM OF LEASE AGREEMENT THIS DOCUMENT IS RE-RECORDED TO CORRECT THE NAMING OF EXHIBIT A TO EXHIBIT A-1, AND THE ADDITION OF EXHIBITS A-2 AND A-3. Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111111iIIII11111111111111111111111]I'!��II�1IIII 'III NOFEE *$ R 0 0 0 S 9 0 9 1 2 9$* 201400033420610:43 am 08119114 47 405 M11 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383] ,"' MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is datedq�,�,, 2014, and is made between City of Newport Beach, a California municipal corporation and charter city ("City") and Harbor Day School, a California non-profit corporation ("Tenant"), concerning the Premises described in Exhibit "A," attached hereto and by this reference made a part hereof. For good and adequate consideration, City leases the Premises to Tenant, and Tenant leases the Premises from City, for the term and on the provisions contained in the Agreement dated (P , 2014, including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City in each instance, all as more specifically set forth in said Agreement, which said Agreement is incorporated in this Memorandum by this reference. The Agreement's term is twenty-five (25) years, beginning 0 ® and ending DP I w 1 I -o.5 q, unless extended by the parties. This Memorandum is not a complete summary of the Agreement. Provisions in this Memorandum shall not be used in interpreting the Agreement's provisions. In the event of conflict between this Memorandum and other parts of the Agreement, the other parts shall control. Execution hereof constitutes execution of the Agreement itself. [Signatures on the next page] Harbor Day School Page D-1 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Office of the City Clerk City of Newport Beach 100 Civic Center Drive PO Box 1768 I Newport Beach, CA 92658 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111111iIIII11111111111111111111111]I'!��II�1IIII 'III NOFEE *$ R 0 0 0 S 9 0 9 1 2 9$* 201400033420610:43 am 08119114 47 405 M11 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383] ,"' MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is datedq�,�,, 2014, and is made between City of Newport Beach, a California municipal corporation and charter city ("City") and Harbor Day School, a California non-profit corporation ("Tenant"), concerning the Premises described in Exhibit "A," attached hereto and by this reference made a part hereof. For good and adequate consideration, City leases the Premises to Tenant, and Tenant leases the Premises from City, for the term and on the provisions contained in the Agreement dated (P , 2014, 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 Agreement's term is twenty-five (25) years, beginning 0 ® and ending DP I w 1 I -o.5 q, unless extended by the parties. 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] Harbor Day School Page D-1 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the dates written below. APPROVED AS TO FORM: THE CITY ATTORNEY'S OFFICE Date: 8 3 By: Aaron C. Harp City Attorney ATTEST: r Date: By:Qnj I Leilani I. Brown City Clerk CITY the City of Newport Beach, a California municipal corporation Date:_ 1 per. By: David Kiff City Manager TENANT Harbor Day School, a California non-profit corporation Date: 7r Y Ge ffrey WNIon Der Ahe President, Board of Trustees Date: :By:'Daniel R. Greenwood ad of School NOTARY ACKNOWLEDGMENT State of California ) County of ORANGE ) On NU (�, ) —2 01 -k before me,�� r�vi � i k � li�� � fw�u,� jNotary Public, personally appeared DAVE KIFF, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies),—and that by his signature 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 my hand and official seal. ENNIFER ANN MULVEY Signature „ ti a commission # 2045022 IL Z -,� - Notary Public - California z Orange County My Commjx ires Oct 12.,2017t (Seal) NOTARY ACKNOWLEDGMENT State of California ) County of ORANGE ) On , hJU Z3 , before rrje,'Jill / Notary Public, personally a bpeared 1A), ho proved to me on the basis of satisfactory evidence to be t rso w se name is subs ribed to the within instrument and acknowledged - thaexecuted the same in�W�er authorized capacity(ies), and that by htsAW signature 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 my hand and official seal Signature (Seal r A LI Commission # 1941377 Z . "� Notary Public - California z Z " Orange County r My Comm. Expires ,Jun 16, 2015 t V ti k remises 4� v 4 i r M v � f tA' Harbor Day School"AN ;x Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. ° �'` 0 100 200 Imagery: 2009-2013 photos provided by Eagle Imaging www.eagleaerial.com ° P >' Feet Exhibit A-2 Lease Area That portion of Block 96 of Irvine's Subdivision as per map filed in book 1, page 88 of miscellaneous Record Maps, in the office of the County Recorder of Orange County, also known as APN 458-331-01 in the Orange County Assessor Office, described as follows: Beginning at the Northeasterly corner of Pacific View Drive, 60.00 feet wide, as described in the deed to the City of Newport Beach, recorded April 13, 1967 in book 8224, page 377 of Official Records; thence South 750 19' 42" East 392.31' along the Easterly prolongation of the Northerly right of way line of said Pacific View Drive; thence South 59° 40' 18" West 14.00'; thence South 750 19' 42" East 51.03'; thence North 300 19'42" West 14.00'; thence North 750 19'42" West 5.62'; thence North 140 40' 42" East 69.20'; thence North 750 19' 42" West 402.92'; thence South 870 22' 35" West 36.59' to a tangent curve, concave Southeasterly, having a radius of 25.00', a radial to said point bears South 20 37' 25" East, thence Southwesterly 31.72' along said curve through an angle of 720 42' 12" to point of tangency; thence South 140 40' 22" West 34.45' to a point along said Northerly line of Pacific View Drive; thence South 750 19' 42" East 37.50' to the Point of Beginning. As shown on attached Exhibit "B". Said area contains 31,431 square feet, more or less. Basis of Bearings: The bearings shown hereon are based on the Northerly right of way line of Pacific View Drive of North 750 19' 42" West, as described in the deed to the City of Newport Beach, recorded April 13, 1967 in book 8224, page 377 of Official Records. Exhibit "A-3" BIG CANYC RESER VOI '19-42 W3v� N K6, w �/�E s 0 40 80 Feet 5IIA12015 Harbor Day L..—..d