Thomas Road Properties - Memorandum
DOCUMENT: 13757831
Titles I / Pages 5
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Attorney
ROE II 005
6/27/1997
2 48 PM
City of Gilruy
7351 Rosanna Street
Gilroy, California 95020
AUn: City Clerk
RECORDING REQUESTED PURSUANT TO
GOVERNMENT CODE SECTIONS 6103 AND 27383.
SPACE ABOVE TIllS LINE FOR RECORDER'S USE
MEMORANDUM
THIS MEMORANDUM is entered into as of March 1, 1997, by and between the CITY
OF GILROY, a municipal corporation ("Landlord") and THOMAS ROAD PROPERTIES, a
California Limited Partnership ("Tenant"), with respect that certain Lease dated of even date
herewith by and between Landlord and Tenant.
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, certain real
property located in the City of Gilroy, County of Santa Clara, State of California, as more
particularly described in Exhibit "A" attached hereto ("Leased Property"), upon the terms and
conditions of the Lease. The term of the Lease shall be for ten (10) years commencing upon
satisfaction of certain conditions as described in Section 2.1 of the Lease, but in no event later
than April 30, 1997, subject to sooner termination as set forth in the Lease.
This Memorandum shall incorporate all of the provisions of the Lease as though fully set
forth herein. This Memorandum is entered by the parties for purposes of recordation and shall
not be deemed to modify, amend, alter, limit or otherwise change any of the provisions of the
Lease. In the event of any conflict or ambiguity between the terms of this Memorandum and the
terms of the Lease, the terms of the Lease shall prevail.
IKKS\311908 OJ
75.02140470Ge\)2
-1-
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum as
lfthe dale first set forth above.
Attest:
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By: - . /; >114'/:-- L LJ~ '- 'j'~;<
RHONDA PELLIN
Interim City Clerk
Approved as to form:
By: X ~~ &e~
City Attorney
IKKS\311908 OJ
75.021404706002
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STATE OF CALIFORNIA
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ss.
COUNTY OF <)(l/li,\C In, (j
On Alli I I q I (Vn , before me, (lt10r Ilt II L ./VIUII~&>crsonally
;lppcaredJt+'\ll !vI. )::,/((( ,j, , NC1rl''J ,i>/lle
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~ personally known to me -OR- 0
proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is/are- subscribed to the within
instnunent and acknowledged to me
that he/&heltlu~y executed the same in
his/her/their authorized capacity(ies),
and that by hislher/theit- signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
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.. Notay f\bIIc - CoIifomia f
Salta CIao County -
My Corrm. Expies Aug 11. 2DX)
WITNESS my hand and official seal.
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SIGNATURE 0 NOT ARY ,
STATE OF CALIFORNIA
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COUNTY OF
On
;) ppcared
, before me.
, personally
o personally known to me -OR- 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is/are subscribed to the within
instnullent 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 pcrson(s), or the
entity upon behalf of which the
pcrson(s) acted. executed the
instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
\i\KS\311908 OJ
15-021404706002
-3-
CAPACITY CLAIMED BY SIGNER
Though statute docs not require the Notary
to fill in the data below, doing so may prove
invaluable to persons relying on the
document.
o INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
J,'i;! PARTNER(S) 0 LIMITED
~ GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSER V A TOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
TI \e'l ~ )(('j KCtL(7 Pt-c"(U hc~~
(It \11Itr'f. IICl t-,{)lI'f,d I?(ri/lth/\IIJ
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below. doing so may pf'Ove
invaluable to persons relying on the
document.
o INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
o I'.-\RTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIG1'iER IS REPRESE1'iTING:
Name ofPerson(s) or Entity(ies)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No, 5907
State of
County of
CALIFORNIA
SANTA CLARA
On
JUNE 16, 1997
DATE
before me, PATRICIA K. BENTSON, Notary Public
NAME, TITLE OF OFFICER - E G ,'JANE DOE, NOTARY PUBLIC
personally appeared JAY BAKSA, City Administrator
NAMEIS) OF SIGNER(S)
~ personally known to me - OR - 0 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 ac-
knowledged 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.
ja~~:';;':~l
.. ClaIM.__
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WITNESS my hand and official seal.
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SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
MEMORANDUM
TITLE OR TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
2 + Exhibit + Notary Acknowledgement
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
~ OTHER: City Administrator
NUMBER OF PAGES
March 1, 1997
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IESI
City of Gilroy
John Filice, Rhonda Pellin, Linda
A. Callon
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave, PO Box 7184 . Canoga Park, CA 91309-7184
~GAL_-DE.SCRIPTION OF HEAL PROPERTY TO BE LEASED
BEING a portion of the Babbs Crpek Park Preserve as shown
on the map of "Tract No. 8663, The Vineyards, Unit No.1",
which map is filed for record in Book 667 of Maps at pages
38 and 39, Records of Santa Clara County, California, and
being more particularly described as follows:
BEGINNING at the most northerly corner to Lot 1 of said
Tract No. 8663, 1n the westerly line of Thomas Road, as
shown on said Map, and running thence along the
northwesterly line thereof S.65023~24"W. 102.66 feet to the
northwesterly corner thereof: thencp along thp westerly line
thereof South 107.89 feet to the southwesterly corner
thereof; thence continuing along the easterly line of said
Babbs Creek Park Preserve South 10.09 feet to the
southeasterly corner thereof in the northerly line of Babbs
Creek Drive; thence along said northerly line and the
southerly line of said Preserve along a curve to the left
with a radius of 320.00 feet from a tangent bearing of
S.82021~27"W., through a central angle of 4018'24" for
distance of 24.05 feet; thence along a tangent curve to the
right with a radius of 280.00 feet, through a central angle
of 11056~55" for a distance of 58.39 feet; thence West 44.38
feet; thence leaving the northerly line of Babbs Creek Drive
N.6042~17"E. 72.27 feet to a point in the northwesterly line
of Babbs Creek Park Preserve; thence along said
northwesterly line East 19.37 feet, N.22013'24"E. 78.01
feet, N.77035'21"E. 82.82 feet, N.45037~47"E. 90.13 feet and
N.22013'16"E. 44.30 feet to the most northerly corner of
Babbs Creek Park Preserve in the westerly line of Thomas
Road, as shown on said Map; thence along said westerly line
and the easterly line of said Preserve South 94.94 feet to
the point of beginning, and
CONTAINING THEREIN 0.449 Acres (19.540 Sq. Ft.).
EXHIBIT A