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Fran and Bobby Beaudet (Memorandum of Lease)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Gilroy 7351 Rosanna Street Gilroy, California 95020 Attn: City Clerk RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383. APN 841 -06 -061 and 841 -08 -044 DOCUMENT: 22034240 '��IIII!VVNIVI�II'IflIN�m�UI o Fa9es33 B6 AMT PAID 33.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 024 1/03/2013 8 :47 AM SPACE ABOVE THIS LINE FOR RECORDER'S USE MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ( "Memorandum ") is entered into as of - November 30 , -Y$h 2012, by and between the CITY OF GILROY, a municipal corporation ( "Landlord ") and FRAN BEAUDET AND BOBBY BEAUDET (collectively "Tenant "), with respect to that certain Lease dated concurrently herewith by and between Landlord and Tenant ( "Lease "). Pursuant to the Lease, Landlord has leased to Tenant, and Tenant has leased from Landlord, the real property and improvements thereon located in the City of Gilroy, County of Santa Clara, State of California commonly known as Old City Hall and having a street address of 7400 Monterey Street, the land upon which such improvements are located being more particularly described on Exhibit A -1 attached hereto and made a part hereof, and that certain real property located generally on the south side of Sixth Street and west of the existing railroad tracks more particularly described on Exhibit A -2 attached hereto, upon the terms and conditions of the Lease. The initial term of the Lease is for a period of sixty (60) months commencing on November , 2012, and Tenant has been granted one option to extend the initial term for a period of sAty (60) months, subject to earlier termination as described in the Lease. �O 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. [Continued on next page] 1KKS11071827.5 -1- 110212- 04706084 IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum as of the date first set forth above. Attest: LN LANDLORD: Approved as to form: By: z. By: L Its: City Attorney -2- 1KKS11071827.5 TENANT: ,-/,a nu'-7�tj Fran Beaudet Bobby ffeaudet EXHIBITS A -1 and A -2 TO MEMORANDUM (Legal descriptions to be attached) In VKV 071827.5 EXHIBIT A -1 The land referred to is situated in the County of Santa Clara, City of Gilroy, State of California, and is described as follows: PARCEL ONE: Commencing at the Northeast corner of Monterey & Sixth Streets, and running thence along the East line of Monterey Street, Northerly Forty-Two and Ten One Hundredths (42 10/100) feet; thence Easterly Eighty-Eight and Five One- Hundredths (88 5/100) feet; thence Southerly Four and Thirty Eight One- Hundredths (4 38/100) feet; thence Easterly One Hundred and Four and Ninety Five One- Hundredths (104 95/100) feet to the West line of an alley; thence Southerly along the last mentioned line Thirty-Six and Seventy-Six One- Hundredths (36 76/100) feet to the North line of Sixth Street, and thence along the last mentioned line Westerly One Hundred and Ninety Three (193) feet to the point of commencement. Being Lot Eleven (11) in Block One (1) North, of Range One (1) East, as designated upon Map Number Six (6) Accompanying the Report of the Referees in Re the Partition Suit of Henry Miller et al, vs. Massey Thomas, et al. PARCEL TWO: Beginning at a point 42.10 feet Northerly from the Northeast corner of Monterey and Sixth Streets (said point being in the East line of Monterey Street); thence Northerly and along said East line of Monterey Street 34.20 feet; thence Easterly 193.00 feet to the West line of Railroad Alley; thence Southerly along last mentioned line 39.60 feet; thence Westerly 104.95 feet; thence Northerly 4.38 feet; and thence again Westerly 88.05 feet to the point of beginning, and being Lot No. 10, in Block 1, North Range 1 East of the City of Gilroy as the same is shown on Map No. 5 Accompanying the Report of the Referees in the Partition Suit of Henry Miller, et al, vs. Massey Thomas, et al, in the Superior Court of the County of Santa Clara, State of California. APN: 841 -06 -061 EXHIBIT A -2 The land referred to is situated in the County of Santa Clara, City of Gilroy, State of California, and is described as follows: A parcel of land situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: Beginning at the intersection of the southwesterly line of Railroad Street with the southeasterly line of Sixth Street; thence South 20 deg. 00' East, along said southwesterly line 337.96 feet to a point distant northeasterly 15 feet measured radially from the center line of the most northeasterly spur track of Southern Pacific Transportation Company; thence northwesterly, concentric, parallel with and distant northeasterly 15 feet from said center line a distance of 345.08 feet to said southeasterly line of Sixth Street; thence North 70 deg. 00' East, along last said line, 63 feet to the point of beginning, containing an area of 0.29 of an acre, more or less. The property hereby conveyed excepts that portion thereof lying below a depth of 500 feet, measured vertically, from the contour of the surface of said property. APN: 841 -08 -044 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California i County of On 1 11 11 9-2 Date personally appeared I who proved to me on the basis of sa isfactory evidence to be the person(s) whose name(s) ' a e ubscribed to the within i strument and acknowle ed t me that h&A@he/ ey xecuted the same �in fr thorized capacity (ies), and that by #ieAk, their ' na ure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. INCA I Commission n +- # t 93t99 = I certify under PENALTY OF PERJURY under the laws Notary Public - Californnia Santa Clara County of the State of California that the foregoing paragraph is Comm. Ex fires r 15, 2015+ true and correct. WITNESS y hand and offici I seal. Signature Place Notary Seal Above SigFra—turF-6TNoTafy PTubli OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .p of ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 CALIFORNIA -• ACKNOWLEDGMENT :�e,� >,�..�s� <��a.,� ��..,c�.,T. �.. �s ,7> �. �asr-•a.,T. � �s�Y�. �. 7> s..,.a4r_- �..z��. �> �.,� >,r w�..,7> � =..� a. �.. ?�.,� w�.,7� ��, »>,.�a<a•a.,r... State of Calif rnia County of On 1? 3, Date personally appeared who proved to me on the basis of atisfactory evidence to be the person(b whose namejo fL subscribed to the within instrument and acknowledged to me that �sheAhey executed the same in(i'I�erAheir authorized capacity(i4 and that by Tr erAhe r gnatureN on the instrument the person( the entity upon behalf of INGA ALONZO which the person(Kacted, executed the instrument. Commission * 1931989 z -s Notary Public - California = Santa Clara County I certify under PENALTY OF PERJURY under the laws M Comm. Ex 'res r 15, 2015 of the State of California that the foregoing paragraph is true and correct. WITNES my and and o ial seal. r Signature pw/k Place Notary Seal Above Signature of Notary ubl OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER •• of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER ©2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827