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HomeMy WebLinkAboutC-8316-7 - Harbor Island Drive, 829 - MOL 2025 (Tenant 4) "Balboa Yacht Basin"12/16/25, 3:03 PM Batch 20343586 Confirmation RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City of Newport Beach Attn: City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder NO FEE *$ R 0 0 1 5 9 5 7 1 5 2$ 2025000348487 02:44 pm 12/16/25 869 Ex6A M11 9 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 0.00 0.00 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383] MEMORANDUM OF AMENDMENT TO LEASE AGREEMENT This Memorandum of Amendment to Lease Agreement ("Memorandum") is dated October 31, 2025, and is made by and between City of Newport Beach, a California municipal corporation and charter city ("City"), and PACMET AEROSPACE, LLC, a California limited liability company, doing business as Pacific Metals Group ("Tenant"), concerning the real property described in Exhibit "A," and depicted in Exhibit "B", both of which are attached hereto and incorporated herein by this reference ("Property"). The City and Tenant are collectively referred to herein as the "Parties." For good and adequate consideration, City leased the Property to Tenant, and Tenant leased the Property from City, for the term and on the provisions contained in that certain, Lease Agreement Between the City of Newport Beach and Pacmet Aerospace, LLC, a California limited liability company, doing business as Pacific Metals Group, dated November 1, 2022 ("Lease"), a copy of which is on file in the Office of the City Clerk, and as evidenced by that certain, Memorandum of Lease Agreement, dated November 1st, 2022, recorded February 7, 2023, as Instrument No. 2023000027115 in the Official Records of Orange County, which includes, without limitation, provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City in each instance, and a first right of refusal to purchase the Property subject to City's compliance with applicable surplus property statutes, all as more specifically set forth in said Lease, which said Lease is incorporated in this Memorandum by this reference. https://gs.secure-erds.com/Batch/Confirmation/20343586 1/4 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City of Newport Beach Attn: City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code §§ 6103 & 273831 MEMORANDUM OF AMENDMENT TO LEASE AGREEMENT This Memorandum of Amendment to Lease Agreement ("Memorandum") is dated October 31, 2025, and is made by and between City of Newport Beach, a California municipal corporation and charter city ("City"), and PACMET AEROSPACE, LLC, a California limited liability company, doing business as Pacific Metals Group ("Tenant"), concerning the real property described in Exhibit "A," and depicted in Exhibit "B", both of which are attached hereto and incorporated herein by this reference ("Property"). The City and Tenant are collectively referred to herein as the "Parties." For good and adequate consideration, City leased the Property to Tenant, and Tenant leased the Property from City, for the term and on the provisions contained in that certain, Lease Agreement Between the City of Newport Beach and Pacmet Aerospace, LLC, a California limited liability company, doing business as Pacific Metals Group, dated November 1, 2022 ("Lease"), a copy of which is on file in the Office of the City Clerk, and as evidenced by that certain, Memorandum of Lease Agreement, dated November 1st, 2022, recorded February 7, 2023, as Instrument No. 2023000027115 in the Official Records of Orange County, which includes, without limitation, provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of City in each instance, and a first right of refusal to purchase the Property subject to City's compliance with applicable surplus property statutes, all as more specifically set forth in said Lease, which said Lease is incorporated in this Memorandum by this reference. For good and adequate consideration, the Parties subsequently entered into that certain, Amendment to Lease Agreement by and between the City of Newport Beach and Pacmet Aerospace, LLC, a California limited liability company, doing business as Pacific Metals Group ("Amendment"), a copy of which is on file in the Office of the City Clerk, to amend the term of the Lease to six (6) years, beginning November 1,2022, and ending November 1, 2028. This Memorandum is not a complete summary of the Lease or the Amendment. Provisions in this Memorandum shall not be used in interpreting the Lease or the Amendment's provisions. In the event of conflict between the terms of this Memorandum, on the one hand, and the terms of the Lease or the Amendment, on the other hand, the terms of the Lease or the Amendment shall control. [Signatures on the next page] IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ors/17201zs By: Aa n C. Harp ti5 City Attorney ATTEST: Date: �2� �/— LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: oZ- By: 74:02 Grace K. Leu City Manager TENANT: PACMET AEROSPACE, LLC, California limited liability company Date: By: By: Lena Shumway City Clerk Signed in Counterpart David A. Janes Managing Member [END OF SIGNATURES] Tenants must sign in the presence of notary public ATTACHMENTS: Exhibit A — Property Description Exhibit B — Property Depiction IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the dates written below. APPROVED AS TO FORM: LESSOR: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a Califomia municipal corporation and charter city Dater Date: By- By: Aa n C. Harp Grace K. Leung City Attorney City Manager ATTEST: Date: Lena Shurnway City Clerk TENANT: PACMET AEROSPACE, LLC, California liknited liability company Date: It II Its Dq/VA. Pnes ManaginMember Tenants must sign in the presence of notary public ATTACHMENTS: Exhibit A — Property Description Exhibit 6 — Property Depiction ACKNOWLEDGMENT A notary public or ether 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 Oc-P,ny e On _) 1) , 20 'Z - before me. Ky � Wa 1i h q Notary Public, personally appeared _... _... (Sr1y �l , who proved to me on the basis of satisfactory evidence to be the pe-rson(s) whose name(s) isiar e subscribed to the within instrument and acknowledged to me that helshetthey 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 of the State of California that the foregoing paragraph is true and correct. O WITNESS my l sand and official seal, NotaKYLE WOLTING ry Public - CaliforniaOrange County Commission # 2501671 My Comm. Expires Oct 7, 2028 Sionature (Seal) ,+ CK OWLEDG ENT 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 Caf orriia County of 0 pa -,I U, On tS , 20 Z' before me, I NN i F t O, Notary Public, personally appeared S-E4 ilk 0 iy 6 ')ox's 15 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 hetshelthey executed the same in hislher.4heir 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. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my JENNIFER ANN MIJLVEY Notary Public -California Orange County Commission # 2535709(Seal) Comm. Expires Oct 16, 2029 EXHIBIT A Property Legal Description and Depiction A parcel of land situated in the Northwest quarter (NW 1/4) of Section Thirty Five (35), Township Six (6) South, Range Ten (10) West, S.B.B.& M., Orange County, California, more particularly described as follows, to -wit: Beginning at a point in the U.S. Bulkhead line between Station No. 200 and Station No. 101 as shown upon a map entitled "Harbor Lines, Newport Bay Harbor, California," approved May 2, 1936, by the Secretary of War, and on file in the office of the U.S. District Engineer at Los Angeles, California, said point of beginning being East 754.25 feet of said bulkhead Station No. 200, running thence North 424.71 feet to a point in the Northerly line of that certain parcel of land conveyed to City of Newport Beach by the Irvine Company, as described in a deed recorded September 25, 1929, in Book 306, Page 375, of official records of Orange County, California; thence South 85' 43' East 772.15 feet to the Northeasterly corner of the last mentioned parcel of land; thence South along the Easterly line of the last mentioned parcel of land 367.01 feet to a point in said U.S. Bulkhead line between Station No. 200 and Station No. 101, thence West along said bulkhead line 770 feet to the point of beginning, containing approximately seven (7) acres. EXHIBIT B r } f 4/ r" vewroe� �3 'rap -rty i' PACIFIC OCEAN r 6 a EAN *kt"'I, Newport Beach Di:,,e la.nrrr: Emory r��o'He eisi has been rr made la asxre the a-cmy of The dale provided, however, The Cty af GIcu INL-A-val Gmdt and its a npierjses ad alter" dk,jam, wry and dl msponsiblity fmm orrelaiirg 10 0 4,456 El, 'M2 hrugery-, 2009-2011 phaiospeovi;led by f=atje rj,o_ Feet_.. _.__ firo*gvwrwm4meri9tmm �,Nil i r� + _ T 6'1 �• �e ti ta i.l�,�l'reiiJ d; 7j4- ., *,"fir'. � �! NZ - :`:.^r`1Q�` `•,`^� ''-� ��--rr ..a-.,.,red:-."•'ss�. .�'�: '"' ' � r •; w \. '1`�! /, wG'�IM. Newport Bead, GI` Disclaimer: Every remonable etton has been made t0 3ssc'e the accuracy or the data promded, however, The Cr) a' Newport Bead, and Ks employees and agents aadam any and a4 respDrwDitty trorn or reia':ng to any react; obtained in tts use. rragery: 2009-2013 photon provided by Eagle Yna "wmw.eagteaenai.com f r 4 ` f c 13AYSI[)C h HARBOR ISLA s _ ND )It W 11 i 0 nit u V n cc qu BEACON BAY I i 1 Non-exclus ve non -designated park-ng at the PropeRy BgyF r in ' b � O + d $ ! L YFR.N AoY QWN a BA.w .nil Newport 0 Beech Dlscialmer: Every reasornabfe effort has beery mace to assure dye aocuracy of the data provided, however. T" Cq of GIS Newport Beach and as empvoyees and agents astfaam any and at resporwbilty Tom or reizir4i to any resus ooahed in its use. Z z Gf 210 400 imagery: 20D9.2013 photos pro:fded by E3gre (� = Feet xnagng %ww eagieaena'.ccrn