Gilroy Arts Alliance Center for the Arts - Memorandum of LeaseRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
Attn: City Clerk
23663341
Regina Alcomendras
Santa Clara County - Clerk - Recorder
06/01/2017 11:44 AM
Titles: 1 Pages: 13
Fees.
0.00
Taxes $0.00
Total: $0.00
®III Kea ���,h�G'M,l�i: FRA4,11 III
RECORDING REQUESTED PURSUANT
TO GOVERNMENT CODE SECTIONS
6103 AND 27383.
Assessor's Parcel Number (APN) 799 -08 -042, 799 -08 -043; SPACE ABOVE TI-11S LINE FOR RECORDER'S USE
799 -08 -044, 799 -08 -045; 799 -08 -046; 799 -08 -047; 799 -08 -048,
799 -08- 049;799 -08- 050,799 -08 -051; and 799 -08 -060
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE ( "Memorandum ") is entered into as of May 9,
2017, by and between the CITY OF GILROY, a municipal corporation ( "Landlord ") and
GILROY ARTS ALLIANCE CENTER FOR THE ARTS, a California nonprofit corporation
( "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, the building
commonly known as the Old Salvation Army Building ( "Building "), the land on which the
Building is located, and adjacent vacant properties all located in Gilroy, California, commonly
known by the following Site Addresses:
Site Address
7341 Monterey (Building site)
7331 Monterey
7301 Monterey
67 W. 7th
57 W. 7th
7310 Eigleberry
7320 Eigleberry
7330 Eigleberry
7350 Eigleberry
7360 Eigleberry
Eigleberry
(no street address assigned)
collectively referred to herein as the "Premises. ", all of which are more particularly described on
Exhibit A attached hereto and made a part hereof, upon the terms and conditions of the Lease.
The term of the Lease shall commence on March 1, 2017 and expire on December 31, 2021,
subject to earlier termination as described in the Lease.
-1-
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.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum
as of the date first set forth above.
Approved as t form:
By:
Ci Attorney
-2-
CITY OF GILROY,
a municipat corporation
By:
Its: J`'K minI &- rAoy-
GILROY ARTS ALLIANCE CENTER
FOR THE ARTS,
a California nonprofit corpor 'on
By: /I.
Its: J�-x JrvnvC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 Californi
County of
On 5 LQ La
Date
personally appeared
before me,
Here Insert
of
and Title of the Officer
who proved to me on the basis of satisfactory evidence to be th ,person(x whose name, s 89W
subscribed to the within instrument and acknow dged to me that a he,'t+�ey executed the same in
is ew, Reif authorized capacityR4 and that b h's/ r signatur on the instrument the person(
the entity upon behalf of which the personQQ kfed, 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.
WITNESS my hand and official seal.
tN611 ALONZO
Comml4sian * 2103704
Notary Public - CalWornia i Signature
Santa Clara County fg)ature o
MY f Notary Pub c
Comm. Mires 15.2019 J ;
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
• Trustee ❑ Guardian or Conservator
• Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
@2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 California
County of Gall +a C_ ) a irA
On MO, y 2 3 . 21) 11 before me, Sa ✓td rei E. Ala Va , N Q4 a ry Pmbhc'
Date I� Here Insert Name and Title of the Officer
personally appeared K e y; n R. H p a+k
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persono whose nameA is/are
subscribed to the within instrument and acknowledged to me that he /sk 6ltpdey executed the same in
his /W /tb& authorized capacity(ieS), and that by his /jr /tWlir signaturepo on the instrument the person(o,
or the entity upon behalf of which the persorX 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.
SANDRA E. NAVA WITNESS my hand and official seal.
Commission -
Notary 2086119
NoSa Public - Cates a >
S•nt• �
Clara Cou Signature
Comm. Ea fires NOV tt i - - Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: IMP_nnorandUM 0� L-&SQ Document
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Date: May q , 201?
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
EXHIBIT "A" TO MEMORANDUM
Page 1
Escrow No. 128771 -JW
LEGAL DESCRIPTION EXHIBIT
All that certain Real Property in the City of Gilroy, County of Santa Clara, State of
California, described as follows:
PARCEL ONE:
Beginning at a point on the Westerly line of Monterey Street distant thereon 133.40
feet Northerly from the point of intersection of the Northerly line of Seventh Street
with the Westerly line of Monterey Street; thence Northerly along said Westerly line
of Monterey Street, 59.70 feet; thence Westerly 150.80 feet; thence Southerly 59.90
feet; thence Easterly 150.50 feet to the Point of Beginning, and being Lot S. Block
1, South Range i West, as shown on Map No. 5 accompanying final report of referees in
action of Henry Miller, et al, vs. Massey Thomas, et als, in the Superior Court of
the State of California, in and for the County of Santa Clara. Excepting therefrom so
much thereof as lies within that certain alley conveyed by Thomas Rea Company, a
Corporation, et als, to City of Gilroy, A Municipal Corporation, by deed recorded
August 2, 1912 in Book 388 of Deeds, page 381, Santa Clara County Records.
PARCEL TWO:
Lot 9, Block 1, South, Range 1 West, as shown upon Map No. 5 accompanying the report
of the referees in the case of Henry Miller, et al, vs. Massey Thomas, et al, filed
for record in the office of the County Clerk of the County of Santa Clara, State of
California, and being more particularly described as:
Beginning at a point on the Westerly line of Monterey Street, distant thereon 108.40
feet Northerly from its intersection with the Northerly line of Seventh Street;
thence Northerly along said Westerly line of Monterey Street 25 feet; thence Westerly
along the Northerly line of said Lot 9, 150.50 feet; thence Southerly along the
Westerly line of said Lot 9, 24 feet; thence Easterly along the Southerly line of
said Lot 9 150.28 feet to the Point of Beginning.
Excepting therefrom so much thereof as lies within the bounds of that certain alley,
as said alley was conveyed by J. Clavera, et al, to the City of Gilroy, A Municipal
Corporation, by deed recorded August 2, 1912 in Book 388 of Deeds, page 381, Records
of Santa Clara County.
PARCEL THREE:
Lot 10, Block 1, South Range 1 West, as shown on Map No. 5 accompanying final report
of referees in action of Henry Miller, et al, vs. MasseyThomas, et al, in the
Superior Court of the State of California, in and for the County of Santa Clara.
Excepting therefrom so much thereof as lies within that certain alley conveyed by
Thomas Rea Company, a Corporation, et al, to City of Gilroy, A Municipal Corporation,
by Deed recorded August 2, 1912 in Book 388 of Deeds, page 381, Santa Clara County
Records.
PARCEL FOUR:
Beginning at a point on the Westerly line of Monterey Street, distant thereon
fifty -three and 90/100 feet Northerly from the point of intersection of the Westerly
line of Monterey Street with the Northerly line of Seventh Street; thence running
DEEDLEGL-Ca /09/94bk
Page 2
Escrow No. 128771 -JW
LEGAL DESCRIPTION EXHIBIT
Northerly and along, the Westerly line of Monterey Street, twenty -nine and 80/100
(29.80) feet to the point of intersection thereof with the dividing line between Lots
10 and 11 in Block 1 of South Range 1 West of the City of Gilroy, as shown upon the
Map hereinafter referred to; thence running Westerly and along the dividing line
between said Lots 10 and 11, one hundred forty -one and 50/100 (141.50) feet to a
point on the Easterly line of an alley twelve and 50 /100 (12.50) feet wide; thence
running Southerly and along the Easterly line of said alley, and parallel with the
Westerly line of Monterey Street, twenty -nine and 80/100 (29.80) feet to a point on
the Southerly line of said Lot 11; thence running Easterly and along the Southerly
line of said Lot 11, one hundred forty -one and 50/100 (141.50) feet to the Point of
Beginning, and being a portion of Lot 11 in Block 1 South Range 1 West of the City of
Gilroy, as shown upon Map No. 5 accompanying the report of the commissioners in the
partition suit of Henry Miller, et al, vs. Massey Thomas, et al, in the Superior
Court of the State of California, in and for the County of Santa Clara.
PARCEL FIVE:
Beginning at a point on the Northerly line of Seventh Street, distant thereon one
hundred nineteen and 10 /100 (119.10) feet Westerly from the point of intersection of
the Northerly line of Seventh Street, with the Westerly line of Monterey Street;
thence running Westerly and along the Northerly line of Seventh Street, twenty -two
and 40/100 (22.40) feet to the point of intersection of the Northerly line of Seventh
Street with the Easterly line of an alley twelve and 50/100 (12.50) feetwide; thence
running Northerly and along the Easterly line of said alley and parallel with the
Westerly line of Monterey Street, fifty -three and 50/100 (53.50) feet to a point on
the Southerly line of Lot 11 in Block 1 South Range 1 West of the City of Gilroy, as
shown upon the Map thereof hereinafter referred to; thence running Easterly and along
the Southerly line of said Lot 11, twenty -two and 40/100 (22.40) feet to the
Northwesterly corner of Lot 12 in said Block 1 South Range 1 West; thence running
Southerly and along the Westerly line of said Lot 12, fifty -three and 50/100 (53.50)
feet to the Point of Beginning, and being a portion of Lot 13 in Block 1 South Range
1 West of the City of Gilroy, according the Map No. 5 accompanying the report of the
commissioners in the partition suit of Henry Miller, et al, vs. Massey Thomas, et al,
in the Superior Court of the State of California, in and for the County of Santa
Clara.
I]EEDLEGL08 /09 /9.bk
RECORDING REQUESTED BY
ANDREW L. FABER, SBN 61072
"LINDA A. CALLON, SBN 99450
LAURA PALAZZOLO, SBN 210954
WHEN RECORDED MAIL TO
NAME ANDREW L. FABER, SBN 61072
LINDA A. CALLON, SBN 99450
MAILING BERLINER COHEN
ADDRESS TEN ALMADEN BLVD . , STE .
1100
CITV,STATE SAN JOSE, CA
ZIPCODE 95113 -2233
FINAL ORDER OF CONDEMNATION
DOCUMENT: 19675633 Pages 12
Fees 40 00
Taxes
Copies
AMT PAID 40 00
REGINA ALCOMENDRAS RDE 4 007
SANTA CLARA COUNTY RECORDER 12/06/2007
Recorded at the request of 2 52 PM
Recording Service
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
solu I Lis' LS -201
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UALA1737585 1
091207.04706080
IT IS HEREBY ORDERED:
Fee simple title to the ploperty consisting of all right, title, and interest in and appurtenant
to the following 7310, 7320, 7330, 7350, and 7360 Eigleberry Street and 7353 and 7355
Monterey Street, Gilroy, California; Assessor Parcel Nos 799 -08 -047, 799 -08 -048, 799 -08 -049,
799 -08 -050, 799 -08 -051, 799 -08 -060, 799 -08 -039, and 799 -08 -040, as more particularly
described in the legal descriptions at Exhibit "1" attached hereto (the "Property "), which
descriptions are incorporated herein and by reference made a part hereof, is hereby condemned
to and taken for a lawful public purpose. Upon recordation of a certified copy of this Final Order
with the Santa Clara County Recorder, fee simple title to the Property shall vest in the CITY, its
successors and assigns.
IT IS HEREBY FURTHER ORDERED that real property taxes and assessments are
cancelled as of November 1, 2006, the date upon which the CITY was entitled to take possession
of the Property pursuant to the Order of Immediate Possession.
DATED: OCTOBER �, 2007
BY: P2� --
JUD E OF THE SUPERIOR COURT
KEVIN J. 6Y1t1RNY
THE FOREGOING INSTRUMENT IS
A CORRECT COPY OF THE ORIGINAL
ON FILE IN THIS OFFICE
ATTEST. KIRI TORRE
DEC - 6 2007
XDIE,F ECUI EOFFICEP/CLEaK
SUPEC OF UNIY OF SAVACLAPA
F iN TYOFSANTAI'JARA
BY UEPUT t
FINAL ORDER OF CONDENINA9ION
DESCRIPTION
SIT F. 1.155 Monterey Strcet
ESCROW. 943526
AP', 799 -08 -039
EXHIMT PACKET "A"
All that certain FeAl vrnnarty Ln the City or i,ilrny, County of S&uLa Claca,
State vL C411fV,_,d2L, des =i.bed en follows.
vnrrinn of rot 6, in Block 1 SuuLh Tk4wyo,l.lf6ll, i{J esbuwu upon Mao No- „
aecompanyi.aq report of the eommiecionern in :Henry Miller at al, Piaintiffs, vs.
Haney Tbomas et a2, w tpndanrs, in the mme. -rinr Court Of the StdLc ur
California, , iu tud for tl3r Cotimty of sontn Clara, Caec Number 5536, and snoro
particularly dorcxibea as tollowsr
Beginning ht a point xn the Nest line of Monterey stre ?t, dicrant 155. go feet
tirnstliPrly rrom the SouLby-n.L c.usu" uL MeuLcier vwd 51.&Lh Streets, running t:hcnec
Northerly along acid wcotcrly line of Monterey Gtrect, 2D.09 iaat; thence at
right angl ?a wPCr_esiy 151 feet hnd part: of said lirie runuioy H=ugh the C=tcr
vC V" titian wall now on said aeacribed premiseal thcncc Boutherly and parallel
with thn Pgevt line of mnnrPrey Nrrs!er_, 1u.uu feet; CDenCe HaStCxly 151 feet to
the Point of Bcylubinq•
rsrrar_ing iron the abuvu jaup=Ly, _the Nesterly le feet thereof, aZ .
cpaveyad to the Cit� of Cilroy, A Hunxcipal Corporation, by Deed rvrnrded'nugu5t
7, )vi?, in volume 388 of Deeds, et page 381.
• t 1i
dye _ 4 t
DESCRYMON
SITE: 7353 Monterey Street
ESCRUW: 943526 T,XfIBrr PACKET "A"
AYN: Ivy -08 -040
-
r
Al lbaL certain ncal Property in th? rity nF Gilsuy, Comity of Sant- C_larF,,
etato of California, dcscribod as follow$; -
Cammcncing at a_ pninr. ou_ Ll1c Heatcrly line of Moa_tcrsy rtreet, MistamL 235.50
feet ,;mtLb _-1y from the point of intersection of saki Wes_ tezly lisce, of
Momtefcy .°.t=eat with rtia Soutliesly line of Sixth Ctrcotl thence r nning
sourber]y a16-V the westerly line of Hgntexy Strter 7i feet; these at right
angles We-utcxly 141 feet rn the Easterly liuz ul a3 alleyi thenco uortbprly'
along the Easterly line of said Alley 11 fast; anfl- thear.P Easterly ;141 feet;.
mwre or leas, to tho point of rAglnninQ, and'briay a'portioa of. Lot 6 in
flock 1 S_rnith K-atiga 1'Ffcs't in paid City of Gil_roy,•' ao•'caid L.It: ti i6
designatod on Map Uo: -S tiled Wirh and forming a past of the report of the =
referoa -s in tha 'action iu 'pastitian of Ilmry Mill= ar a1, r. M.& e'eY 'rhomaar
�_L al, Caa5 Fo. $53 6, 'in td&_ B+TrWr_ nr of l:be SLato of Cslizorai_a; in
a.nd for the rrntaty of 6nuta C1arn.
- l
D ESCR-IPTIO, N
SITE: 7310 �iglcbcrry 5trcct EXHIBIT PAC`KTI T "B "'
ESCROW; 943526
A PN: 799 -06 -047
loll that cerraln Real Pivycity in tbc- C-it7 of oilrey, county of Santa r_lar)k,
SLnLc -uf Ca7ifornia, deDara-bad as tollovOF
ALL op LOT 10, in HLZ)CK 1, Srnirh Range 3' Nest„ CiLy of Gilroy end' more
particvlarty dtdLt LM—d a6 follova: -
Lw1r.ID7NiNG ar rhe_ NoLLLenst eolzaar of Eigt1barry ,^_,t=tt and 8evanth SLTeet Pn_r1
iutitiiAg thence along the &act lina.vL.xiielbe_rry . cr rep t SorLtierly 109 feet;
thmnco B:aeter]y 701.04 fCCt; tbeDce Soutbdrly "46.30 fact thaaca Westerly 75
Lcct tb_cAce Soutbcrly 61.70 toot ,to',tbg North -line'of Fevr_nth 'Sti:cat and
thence along l aer 77'.24' feet to the point o_t
bcyiiuling
i
DESCRIPTION
SITE. 7330 Eipleberry tilrtet
ESCROW: Y43526
APN: 719 -08 -049
E7�FL IT PA�C'KL'r
All that cerrain Resl Property in tba City of Gilroy, County of g:nta [Mara,
tir.ate of California, dercribP4 PR fullua:
All of Lot 16, in Plnrk 1 Svut'h, necngc 1 'Wert, zF 'shnsrr an Masp No. 5 accompanying
report nL the Commissioners in Henry Mules aL al, plaintiffs vs massey TLu,iias
at ol, Dcfendants, ;n rhP Suye:-ior Court of thn state Of California, in and for
the County nf Santa Clara, Cace Number SS -An, and u,c,:c particularly rl— rribed an
follows:
DegirmIng at a point on the L�astP�ly liva'0f Sigelbcrry Street, rlisL«At thercon
158.90 fret 2iortherlp Ciu,u the intcsoection of raid ltne ut Eigelbeumy gtreer
with rhe.NorLLerly line: of seventh Snrect; tbencc North=ly a10719 said li_uC of
Eiglcbra;iy 6treot )7 00 fact to the divide -n? line betureen Lots' 15 and 16 in Alnctk
1 Sni,th, Raaga 1 West, ac ebowa tepon the May Lercinabovc reformed ro; thruc'u
Zn6t'exly along cud AiviaLuy line 140.90 feet to the Alvidiug lxnc betrroe= Lott r
and 16 in said Mock arid Rengo; tbencP I�znutlteLly along the dividing line br1-wee-n,
Lo Ls 7, 8 and 16 in saIrt Bluc.k and Range, 70,00 teat to rhP dividing line batveen
Lotc IC and 17 iu said Block and P -Loge; thNnce Haal.eily along lact rPrerred tv
dividiuu line 149 -90 :Feet ro tha point of beginning.
DESCRIPTION
SiiE, 7360 Fig,leben-y Strect
ESCROW: 449.526
APN: 799- 08 -0s1 6 199 -0"6o
EXHIBIT PA UK FT "B"
All tbar Cerrain Rcal Piopcsty in the City of Gilroy, County of Santa Clara,
State of California, doseribad ac follow:-
W,ACSL 09E o
Dcginning at a point in rhr- y:;Iprrrly linr of r:igPlhPrry Street, which D03.nt io
the Cnmrmn r ozuer of Loto It L7d 15 in Dlock 1 Couth, Range, 1 1400t of the City nP
oilroy, ae the Dame io gbowu on Map llo_ 5 and its amendmemq aeconpanyiuy Llie
raport or the vi tarees in. the partition euit of Hmazy Miller of ml va. Manoey
Tlivniae ct al, is the Superior Court of the Count- .( of Santa Clara, State of
California a.nd running rbrnce Haatcrly and along the line div,iuLinq said iota 14
and 15, 198.40 L=L; thence Yorthcrly,and parallel with the Easterly lira of
Eigclber y Strnst 59.04 iegr; rheas— NPFrrrly anri parallel with Lb= line diYiding
q;ild J Ots 14 and 15, 148.40 fret to the Easterly lint of Eigolberry Stroot; and
thenc& Struthexly and along tha Easterly lino of Eigelbesxy Stunt 59.64 feet to
the rlArF- of beginning, duLl Lciuy all of LvL Nu. 14 and a part of Loe No. 5, in
Block 1 Soruth, Range 1 Weet of the City of Gilroy, ac choum on szaid Map Nu. 5 and
ito nmandmence, h,-reinabwr La=jLluucu
2xc4ptLng tbererrnm rbar postloo therrof corivcy=d Lu LLe. City of Gilroy by Dead
vt M. Casey, et al to City of Gilroy, recorded in the OLtice of the ('minty
Recoiflar of the county or Gonna r'la -a, SrarP of Califocaria iu gook JBO of Dccdc,
dL PaLWt: 382.
PAACEL TWO.
PnrL.r,l Oue ae abown. upon that cortain Fascel Map filed for roeord July 20, ivy/
in Boo), S75 of Mape, At rages - And S7 nr Fans r.]ara Co=Ly Rccorda.
,
I