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Thomas Road Properties - Memorandum (Short Term Lease) EXHIBIT "0" MEMORANDUM DOCUMENT: 14104760 Tit I es. 1 / Pages. 5 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1111111111111111 1131314113476131 Fees Taxes Copies AMT PAID 19 00 City of Gilroy 7351 Rosanna Street Gilroy, California 95020 Attn: City Clerk 19.00 BRENDA DAVIS ) SANTA CLARA COUNTY RECORDER GOVERNMENT CODE SFrTlONS 6103 AND 27383. Recorded at the request of --- City The DOCUMENTARY County Transfer Tax is $ 0 ROE ** 0 1 1 3/23/1998 8.36 AM MEMORANDUM (Short Term Lease) THIS MEMORANDUM is entcred into as of \ ~ - ,0 , 199} 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 hcreby 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 thc Lcase shall be for tcn (10) years commencing upon satis~~ai~ ~~~~ described in Section 2.1 of the Lease, but in no event later than _ ~)SUhject to €p"er 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. IKKS1355711.02 - , - IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum as of the date first set forth above. THOMAS ROAD PROPERTIES, :~alifOoi~~ Its ~J( ~ ~ -\^M v' . , Attest: r. ~_. -Ji -. . By: \ t\ (i) Uft \ ) \lJ fA ~. 1\ Approved as to fonn: By: of~~ City Attorney IKKS1355711.02 'L STATE OF CALIFORNIA COUNTY OF S" ^ k Cl~.--,,- } " . tc."Cl- ,(: c k; s On l)t>c I f0 I ~ C'17 , before me, Va... \es-,e- l ~. ,personally CAPACITY CLAIMED BY SIGNER appeared T:.'V1 c~ ~). 8 \ I L e... .. . I hough statute docs not reqll1re the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ~ personally known to me -OR- 0 ~-@:< VALERIE Z D. ZAKARECKIS ( . Comm. , 1136524 1I) · NOTARY PUBLIC. CALIFORNIA ~ , Santa Clara County lIy COII\m. Expires Ihy I. 200 I ... STATE OF CALIFORNIA COUNTY OF Santa Clara proved to me on the basis of satisfactory evidence to be the person(.i1 whose name~is/~ subscribed to the within instrument and acknowledged to me that he/8A~/they- executed the same in hislRtlFlthilir <\uthorized capacity(~ and that by his/Rclltllt~ir signatureW on the instrument the person~, or the entity upon behalf of which the personW acted, executed the instrument. ss. On Trln 10. 1 qqR , before me, __~honda Pell in , personally appeared Jay Baksa IE personally known to me -GR- 0 J ;:;;~--~--~--, RHONDA PilllN a Comm"'ion' 1"'613, ~ . - NeIer( PuOlic - Colilcmia ~ t Santa Clara Cmmly My c~m ; xrllre'i Jun 19. 2!:Ill ------- . -"';" 'II1r IKKS1355711.02 preVilG te Hill 01'1 the ballill gf !>ati!>fact~ ~ to be the person(s.Y'whosc name(st is/are--subscribed to the within instrument and acknowledged to me that he/shelt.he)f executed the same In his(ber/t~ authorized capacity(iesj; and that by hisLhe11t.befr" signature(~ on the instrument the person(B1; or the entity upon behalf of which the pcrsonCsr acted, executed the instmmcnt. :I:)~ my hand a~1ficial seal. ~!.k; )c?( A/I. ILl/\. SIGNATURE OF NOTARY '1 o INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) l& PARTNER(S) 0 LIMITED ~ GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o CiUARDIAN/CONSERV A TOR o OTHER. SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) Th~M~5 .g Go.-d P,r-off.IJ+;e.s CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL !Xl CORPORATE OFFICERS(S) City Administrator Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o CiUARDlAN/CONSERV ATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) City of Gilroy -'-' EXHIBIT A LEGAL DESCRIPTION LANDSCAPE AREA LEASEBACK (OAKBROOK- TRACT 8928) All that certain real property situate in the Las Animas Rancho, in the City of Gilroy, County of Santa Clara, State of California, being a portion of Thomas Road and LuchessaA venue, as said Road and Avenue are shown on that certain Map entitled "Tract 8928 - California Oakbrook Unit I", which was filed for Retord on May 16, 1997 in Book 688 of Maps, at Pages 20, 21 and 22, Official Records of Santa Clara County, California, described as as follows: Beginning at a point in the Westerly boundary line of said Thomas Road, also being a comer common to Lot 9 and Lot 8, as said Lots are shown on said Map of Tract 8928; thence along said Westerly boundary line of said Thomas Road, also being along the Easterly boundary line of said Lot 8, South 00 00' 00" West 28.22 feet; thence leaving said Westerly boundary line of said Thomas Road at right angles North 90000' 00" East 6.00 feet; thence North 0000' 00" West 142.29 feet to a point of curvature; thence along a tangent curve to the left with a radius of 10.00 feet, through a central angle of580 34' 22" an arc length of 10.22 feet; thence North 58034' 22" West 12.74 feet to a point of curvature; thence along a tangent curve to the left with a radius of20.00 feet, through a central angle of 58034' 07" an arc length of20.44 feet; thence along a non-tangent curve to the right whose radius point bears North 270 08' 28" West 1310.00 feet, through a central angle of 020 43' 32" an arc length of 62.32 feet to a Northerly corner of said Lot 9, also being in the Southerly boundary line of said L uchessa Avenue; thence along the boundary line of said Luchessa Avenue and said Lot 9, South 580 35' 32" East 99.97 feet to the Northeasterly comer of said Lot 9, also being in the Westerly boundary line of said Thomas Road; thence along the boundary line common to said Lot 9 and said Thomas Road South 00 00' 00" East 50.78 feet to the Point ofB~nning. Containing 4,643 square feet or 0.107 acres, more or less. This legal description of real property was prepared by me, or under my direction, pursuant to the requirements of the Professional Land Surveyors Act. ~ G.~~ Frank G. Fong, California R.C.E. N . 27852 License Expires on March 3 1, 1998 /0/ /o/q 7 I . Date ~~ - ~~ ~e0'- '..-.,).)/0/1>' .... '~'A~ /, <:') >- - , G 1(. .r1-/:."~~\'f-.. . FO ~'\' f~ ~., ~G'\~c\ ,-"",,\,. \,....- 1\ ;:: \ No. 2785Jc ! ~ " \\ c;. "\ Exp. ?J /~ I 'Te!:::: j ~ I' / J \\':0''>-, C' II) I'. ../-y--:" ., '4 r ..... . - .-.~' . / ,~' ,c- .- -c''''' ;/ .~..... . . C -.,. ": .:.'; Page 1 of 2 CURVE Cl C2 CURVE TABLE DElTA RADIUS lf34'OI" 20.00 5lf34'22" 10.00 LENGTH 20.44 10.22 .-/ // /' UNE L1 LENGTH 12.74 o 30 ~- SCALE IN FEET: .".,.-' ~ ~ ~e ~~e-O: t-"'~. ..& # ~e6T1 \..~~ ~ ",C o<'i \.~e ~ 'O~(I~ ~el\'i ~" ,- Cl " 1./ " ~ ~ \ '2. 9'2.'0. ,,,1\ \ \ 0\ '0 v ... ~o' (Oo'/. '2.'2.) ~ {oc.'1. 00'1-'0 '2.0" , O{"IO /~" Co\\\ - '0'0 I." : 9 I \.0\ I d(lf!. ~ ~\'(\f!.\ : ! ! ! t i i \ 0 9'2.'O0"\\. \ I \..0:"0' '0 0'1-.-,) I \ ,~..~(o '2.~ i ~ {oc. 00...... '2..0" ! , O{"IO ,,~..... \ co\,\ ~'C'O {I \..0\ 9 '09'2..'001'1\ . ! \ \;'\0 "0(00'1- '2.'2..) ,-, " ~{oc. Oo'/. '2.0" -- "'-.. j, 0(1',0 ,,~" ~ .., / C:i\\\~'O'O / ~ "-.. I /'- ~! .~ /-j--, /' i! "~~'" /' /~y- ~ I / ~/l/ "'~ '\ \. '0 ,,9'2.'0.,1"\ \. I , Ii' / \ \\ \..0\;'\0' ;00'1- :'2.) "'i I I I \ \\ \ ~{oc.'1. 00'1-'0 '2.0/ ! I id i 1 ~~ I {I',o ,,'r \\ \ j ;i co'iI\~~'O'O I \ \\\ . /'// j ~ \~\ \ /t ) \ \~' x" ! /1/ ./ I~ \.'\\ ill \ ~\ I t/~ ( ~ \ ! if \ 1 '09'2.'00",\ \ I' I ., . >- \..0\;'\0' (00'1- '2.'2.) i il T \ T 1'\' ~ (O~ O~v:: '2.0" ~ ,I I I . ,,011" " III I III co\\ ~'O'O en . N . ~ as o '" P.O.B. Corner Common To Lots 8 &: 9 III as S o It: \\ 9'2.'0"1'1\ \ \ 0\ '0 v ... \;'\0' o'/. '2.' \ '010" '2. ~ {oc. 00'1- '2..0 . 0(",0 ,,~" co\,\ ~'O'O N90'OO'OO 6.00' ~ o o Q: .. o E o .z= .... D c: ::; ,.. 5 .., c: :3 o CD ~ .B .. .. ~ GILROY. CAUFORNIA of 2 PLAT TO ACCOMPANY LEGAL DESCRIPTION For Landscape Area Leaseback t f:(.'.;:-~ H', . ~'L,,\fHJ~~~'" . ~lJR,,'[YCr11.) 100 N. MllPlTAS BLIIO.. SUITE 160. . 1oIILPITAS, CA 95035 PHONE: (4011) 934-1J8l1 . F"AX: (408) 934-1288 SANTA CLARA COUNTY, DATE: 10-10-97 JOB NO.: 962015-JO-A