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23-0606_SAN JUAN HILLS GOLF CLUB, LP_Memorandum of LeaseExempt from Recording Fees Government Code § 27383 When recorded, return to: San Juan Hills Golf Club, LP c/o, SunCoast Properties 6 Venture, Suite 100 Irvine, CA 92618 Attn: Roberto G. Brutocao Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1 11 II III 111111 11111111 II NO FEE *$ R 0 0 1 4 4 3 0 9 9 6$* 202300015620411:39 am 06129123 90 CR-SC06 M11 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 (Space Above for Recorder's Use) MEMORANDUM OF LEASE This Memorandum of Lease ("Memorandum"), dated to be effective as of () 2023, is entered into by CITY OF SAN JUAN CAPISTRANO, a municipal corporation and general law city ("Landlord"), and SAN JUAN HILLS GOLF CLUB, LP, a California limited partnership ("Tenant"). 1. Grant of Lease: Term. Landlord leases to Tenant, and Tenant leases from Landlord, those certain premises in the City of San Juan Capistrano, County of Orange, State of California more particularly described on Exhibit A attached hereto and incorporated herein for a term of thirty (30) years, subject to the provisions of that certain Ground Lease between the parties hereto, dated m_l� �w'i, I e. , 2023 ("Lease"). The provisions of the Lease are incorporated herein by this reference. 2. Purpose. This Memorandum is prepared for the purpose of recordation only, and it in no way modifies the provisions of the Lease. In the event of any inconsistency between the provisions of this Memorandum and the Lease, the provisions of the Lease shall prevail. 3. Miscellaneous. The parties have executed this Memorandum of Lease as of the date first set forth above on the dates and at the places indicated in their acknowledgments below. 4. Termination. When the Lease is terminated, Tenant shall provide Landlord with a quitclaim deed releasing all of Tenant's interest in and to said Land. TENANT: SAN JUAN HILLS GOLF CLUB, LP, a California limited partnership By: San Juan Hills Golf Club, Inc., a California corporation, G eral PaMe By: R berto G. Brutocao, CEO LANDLORD- CITY OF SAN JUAN CAPISTRANO ATTEST: C isty Jakl, As istan�Cit Jerk Approved as to Form: �ALISHA WINTERSWYK ASSISTANT CITY ATTORNEY PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT 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 Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On June 28, 2023, before me, Christy Jakl, Assistant City Clerk, personally appeared Beni amin Siegel, City Manager and Alisha Winterswyk, Assistant City Attorney, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) 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. (SEAL) Capacity Claimed by Signers City Manager Assistant City Attorney Title Signer is Representing City of San Juan Capistrano WITNESS my hand and official seal. risty, Jakl, A sista Cit Clerk OPTIONAL Description of Attached Document Title or Type of Document Memorandum of Lease San Juan Hills Golf Club LP ACKNOWLEDGMENT 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 ) ) ss. COUNTY OF ORANGE ) On r e _, 2023, before me, ,a Notary Public, personally app ared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my JOANNE C. JOHNSTON Notary Public - California Orange County Commission N 2329460Signature (Seal) Comm. Expires Jul 1, 2014 M EXHIBIT "A" LEGAL DESCRIPTION LEASE PARCEL: In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Section 6, Township 8 South, Range 7 West of the San Bernardino Meridian according to the Official Plat of said Land filed in the District Land Office, April 12, 1875, described as follows: Commencing at the intersection of San Juan Creek Road with La Novia Avenue as shown on Record of Survey No. 93-1022, filed in Book 144, Pages 37 through 49, inclusive, of Records of Survey, in the Office of the County Recorder of said County; thence along the centerline of said San Juan Creek Road, South 49°48'02" West 250.00 feet; thence perpendicular, North 40°11'58" West 43.50 feet to a line parallel with and distant 43.50 feet northwesterly of said centerline of San Juan Creek Road, said point being the True Point of Beginning; thence along said parallel line South 49°48'02" West 533.20 feet; thence leaving said parallel line, North 39°32'58" West 296.54 feet to the southeasterly line of San Juan Creek Channel as shown on said Record of Survey No. 93- 1022; thence along said southeasterly line the following two (2) courses: 1) North 55°24'34" East 356.95 feet to a curve concave northwesterly having a radius of 3944.83 feet and 2) northeasterly 175.11 feet along said curve through a central angle of 2°32'36" to a line that bears North 40°11'58" West and passes through the True Point of Beginning ; thence leaving said southeasterly line, non -tangent from said curve South 40°11'58" East 248.40 feet to the True Point of Beginning. Containing an area of 3.307 acres, more or less Subject to Covenants, Conditions, Reservations, Restrictions, Rights of Way and Easements of Record, if any. Jas R. Kinnie, L.S. No. 7090 Date: 05/30/2023 SAND R k�N� Gia No. 7090 ��9TFOF CA��F�� � May 30, 2023 WO No. 1100-8 Page 1 of 1 H&A Legal No. 10513 By: J. Kinnie Checked By: R. Wheeler Sketch to Accompany Legal Description \y� 52 ti � ti � rn � `3k rx°�PG�F �,P� j T. P.O.B. F q\G`Lb O� / X90 89°21'00" / SAND S R. °b j �(No. 7090 cA� Q OF CA INDICATES RECORD DATA PER 05/30/2023 RECORD OF SURVEY N0. 93-1022, 'oo�4—� R.S.B. 144/37-49, JA R. KI IE, PLS 7090 DATED HUNSAKER & ASSOCIATES LEASE PARCEL I R V 1 N E I N C . PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes • Irvine, CA 92618 • PH: (949) 583-1010 • FX: (949) 583.0759 CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE:05-30-23 iRm - - - �By. J. KINNIE By.G CK'd R. WHEELER SCALE: 1"= 60' W.O. 1100-8 FILE: I: Lo Novia LD 10513 SHT01.dw H&A LEGAL No. 105131 SHEET 1 OF 1