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Thomas Road Properties - Memorandum DOCUMENT: 13757831 Titles I / Pages 5 IIIIII1111 JnJl1 m II1I O:~JU 1-.::. ,. _, ,.~...:.1 0: Fees Taxes Copies AMT PAID 39 00, 39 00 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: !-' / ' .~/ ' '. ' By: - . /; >114'/:-- L LJ~ '- 'j'~;< RHONDA PELLIN Interim City Clerk Approved as to form: By: X ~~ &e~ City Attorney IKKS\311908 OJ 75.021404706002 . ., -2- STATE OF CALIFORNIA } 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 J ~ 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. J@-~~~~~~;~~-l .. Notay f\bIIc - CoIifomia f Salta CIao County - My Corrm. Expies Aug 11. 2DX) WITNESS my hand and official seal. "1)/iJc'uLi. / C~ .~ inn/) )/('0l. SIGNATURE 0 NOT ARY , STATE OF CALIFORNIA } ss 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.__ I ""'MIo-~dr. I I WMQM\CCUft" ~ ~ ~ ~~~~~'~~ J WITNESS my hand and official seal. c / \ /. '.,\ -,,)(\, -~ f Y ~II .1- , 1.('": ,_" rt -/)1" . -- 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