Memorandum of Ground Sublease Agreement 2001-0385286NORTH AMERICAN TITLE"Pi\NV
RECORDING REQUESTED BY AND
WHEN RECORDED MAILTO:
PLEASE RECORD & RETURN TO: ,P
CITY CLERK'S OFFICE
CITY ,OF POWA Y
PO BOX 789
POWAY CA 92074
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, .ORIGINAL Of THIS DOClJIiENT
.. ~,,' RECORDED ON JON 11, 2001
DOCUMENT NUMBER 2001-0385286 -
'-"GI\{GORY J. SMITH, aJUNTY RECORDER
~~ DIEGO COUNTY ~~CORDER'S OFFICE
TIME: 8:00 AM
~fmMM:EF-~-'el?~
Space above for Recorder's Use Only
MEMORANDUM OF GROUND SUBLEASE AGREEMENT
THIS MEMORANDUM OF GROUND SUBLEASE AGREEMENT (this "Memorandum") is made
and entered into as ofJune 8, 2001, by and between COMMUNITY HOUSING OF NORTH COUNTY,
a California nonprofit corporation ("Sublessor"), and BREIHAN HOUSING ASSOCIATES, LP" a
Californialirnited partnership ("Sublessee"),
RECITALS
A, The Poway Redevelopment Agency, a public body corporate and politic ("Lessor") and
Sublessor are parties to that certain Ground Lease of even date herewith (the "Master Lease"), whereby
Lessor leased to Sublessor certain unimproved real property located in the City of Po way, County of San
Diego, State of California, as more particularly described in the Master Lease (the "Site"),
B Sublessor and Sublessee have entered into that certain Ground Sublease Agreement of even date
herewith (the "Sublease") for the Site which is legally described in Exhibit A attached hereto and
incorporated herein by reference,
C. Sublessor and Sublessee have agreed to enter into this Memorandum for purposes of giving
notice of the Sublease and certain of its terms, covenants and conditions,
NOW, THEREFORE, in consideration of the covenants hereinafter contained and for other good and
valuable consideration and in consideration of the rent reserved and the covenants and conditions more
particularly set forth in the Sublease, Sublessor and Sublessee do hereby covenant and agree as follows:
I Sublease of the Site, Sublessor does hereby demise and sublease to Sublessee, and Sublessee
does hereby sublease from Sublessor, the Site for the term hereinafter provided, on and subject to the terms
and conditions of the Sublease,
2, Term, The initial term of the Sublease shall commence on June 8, 2001, and endure for a penod
of fifty-five (55) years ("Initial Term"), Sublessor hereby grants to Sublessee four (4) separate extension
CHNClHillside
Memorandum of Sublease
2.t214-0002\ - LEASEMEM.WPD
o (Li 'j ) (XOP'j?)
309!<. [~:=19
01-106
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options (each, an "Extension, Option") each for a tenc(lb)"year extension (each, an "Extension Term"),
which may be exercised in accordance with Section 2 ofthe'Sublease,
3 Terms orGonditiolls, This Memorandum does not setfOlilrall of the terms or conditions of the
Sublease, ThlsMemoranclulIl'is'llot mtendedto, and does not.and shall not, amend, modify, diminish or
affectjn anyway tl1eSublease, ortlietonstruction or interpretation thereof, or any rights or obligations
of any of'the parties thereto The terms of this Memorandum are subject to the Sublease and any
amendments, n::newalsor extensions thereof. The sole purpose of this Me~orandum IS to give notice of
the Sublease and of certain of its terms" covenants and conditions, Except as othelWise expressly set forth
in the Sublease, the'Sublease is subject to all of the terms and conditions ofthe MasterLease, which terms
and conditions are incorporated into the Sublease by reference, A copy of the Master Lease is available
for public inspection at Lessor's office at 13325 Civic Center Drive, Poway, California 92064 For
purposes of inquiry with respect to the terms of the Sublease, Sublessor's address is 1820 Escondido
Boulevard, Suite 101, Escondido, Califomia 92025, Attention, Executive Director
IN WITNESS WHEREOF, the parties hereto have duly executed this Memorandum as of the date first
set forth above,
SUBLESSOR.
SUBLESSEE,
By'
BREIHAN HOllSING ASSOCIATES, LP "
a Califomia limited partnership
By'
Reynolds
Executive Director
CHNC/Hillside
Memorandum 01 Sublease
2~21-+-00021 - LE,\SEMEM.WPD
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CONSENT OF LESSOR
POWA Y REDEVELOPMENT AGENCY, as Lessor under the Master Lease, hereby consents,to
. . .. . -
the Sublease and this Memorandum,
POW A Y REDEVELOPMENT AGENCY, a public
body corporate ,and politic, as Lessor
\;'0-1Yi
L. Bowersox
c tive Director
ATTEST
~;ct~Qq~
Age cy Secretary
APPROVED AS TO FORM,
Stradling, Yocca, Carlson & Rauth
Agency Legal Counsel
CHNC/Hillside
Memorandum of Suble:l.se
24214.00021 . LEASEMEM.\VPD
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CONSENT OF LESSOR
POWAYREDEVELOPMENTAGENCY, as Lessor under the Master Lease, hereby consents to the
Sublease and this Memorandum,
POW A Y REDEVELOPMENT AGENCY, a public body
cOl1Jorate and politic, as LessQr
By
Its:
A TIEST
Agency Secretary
, Yocca, Carlson & Rauth
Legal Counsel
CHNC/~lilLsidc
Mt:mOr:l.nJll~ ofSlJbkase
24214-00021 - 1644263.2
3
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CALlFOR~IA ALL-PURPOSE ACKNOWLEDGMENT
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CALIFORNIA ALL'P~POSE ACKNOWLEDGMENT-
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MY COMMISSION EXPIRES the same in ,BiSjher/!tJ8fr authorized ~
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Place Notary Seal Above
WITNESS my hand and official seal.
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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 Doc~ment: N\ E 1\0" n K F\ ~ f)\~ \\0\
f\& R S E N\ ~'!'i I'
Document Date: .\ II N ~ << ::Loe I
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Number of Pages:
Signer(s) Other Than Named Above:
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of the Southwest.Quarter of the Southeast Quarter of Section 13, Township 14 South,
Range 2 West, SaIl Bernardino Meridian, in the City of Poway, County of San Diego, State of
California, according to the OfticialPlatthereof and a portion of Parcel 1 of Parcel Map No, 15715,
in the City of Po way, County of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, June 21,1989 as File No, 89-328217 of Official Records, together
with a portion of Community Road, as dedicated to public use, described as follows:
COMMENCING at the northwest'corner of said Southwest Quarter of the Southeast Quarter; thence
along the northerly line thereof South 88047'17" East, 58,01 feet to a line parallel with and 58,00
feet easterly from the westerly line of said Southwest Quarter of the Southeast Quarter, said point
being the TRUE POINT OF BEGINNING; thence continuing along said northerly line, South
88047'17" East, 546:08 feet; thence leaving said northerly line, South 14001'54" East, 80,86 feet;
thence South 14039'10" West, 71.95 feet; thence South 50044'55" West, 59,25 feet; thence South
25010'47" West, 103,05 feet; th~nce South 60012'45" West, 28,02 feet; thence South 25043'07"
West, 52,74 feet; thence South 2505.9'35" East, 53,94 feet; thence South 18044'55" West, 83,95 feet;
thence South 58003'18" West, 24 40 feet; thence South 06047'02" West, 35,95 feet; thence South
14008'50" East, 47.57 feet; thence South 16021 '38" West, 65,25 feet; thence South 11018'35" East,
82,87 feet; thence South 39004'37" West, 106,26 feet to the northeasterly line of said Parcell; thence
along said northeasterly line, North 58025139" West, 77 46 feet; thence leaving said northeasterly
line, North 65036'30" West, 80,00 feet; thence North 58025'39" West, 132.29 feet; thence North
72045'37" West, 35,93feet; thence North44005'41" West, 35,93 feet; thence North 58025'39" West,
89,98 feet; thence North 17042'36" East, 97 05 feet to the beginning of a non-tangent 973,00 foot
radius curve, concave to the West, a radial to said point bears South 77005'20" East; thence
Northerly, along said curve, through acentnil angle of 01049'18" an arc distance of 30,94 feet;
thence non-tangent to said curve, North 54038'45" East, 17,30 feet to the beginning of a non-tangent
98500 foot radius curve, concave to the West, a radial to said point bears South 79038'23" East;
thence Northerly, along said curve" through a central angle of 06043'1 9" an arc distance of 115.56
feet, to the beginning of a reverse 300,00 foot radius curve, cOI}cave tothe East, a radial to said point
bears North 86021'42" West; thence Northerly, along said curve, through a central angle of14025'17"
an arc distance of 7 5.51 'feet, to the beginning of a reverse 60 00 foot radius curve, concave to the
West, a radial to said point bears South 71056'25" East; thence Northerly,alongsaid curve, through a
central angle of 37009'52" all arc distance of 38,92 feet, to the beginning of a reverse 100,00 foot
radius curve, concave to the East, a radial to said point bears South 70053'43" West; thence
Northerly, along said curve, through a central angle of 21028'14" an arc distance of 3747 feet;
thence North 02021157" East, 49,51 feet; thence North 11048'14" West, 6945 feet to said line
parallel with and 58,00 feet easterly from said westerly line; thence along said parallel line, North
02021 '57" East, 60,64 feet to the TRUE POINT OF BEGINNING,
Page 1 of 1
of Exhibit A
LEGAL-DESC.OOC