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Memorandum of Ground Lease 2012-0056366CHICAGO TITLE COF,IPANY X. AND WHEN RECORDED MAIL TO: 0 City of Poway 13325 Civic Center Drive 2-l" 4 S 4 0 Poway, CA 92064 Attn: City Manager DOC p 2012- 0056366 JAN 31, 2012 4:018 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 30.00 OC: NA PAGES: 6 No fee for recording pursuant to Government Code Section 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE (the "Memorandum ") is made as of January 3!D , 2012, by and between the City of Poway, a municipal corporation ( "Lessor ") and Pinnacle Realty of California, LLC, a California limited liability company ( "Lessee ") with respect to that certain Ground Lease dated January 30 , 2012 (the "Lease "), between Lessor and Lessee. Pursuant to the Lease, Lessor hereby leases to Lessee and Lessee leases from Lessor that certain real property, more particularly described in Exhibit A,' attached hereto and incorporated herein, (the "City Site ") for the term of the Lease. The Lease commenced on January30 , 2012 (the "Lease Commencement Date ") and shall continue from such date until its expiration on the fifteenth (15th) anniversary of the Lease Commencement Date (as may be extended pursuant to Section 2.2 of the Ground Lease), or such sooner termination pursuant to the terms of the Lease. This Memorandum incorporates herein all of the terms and provisions of the Lease as though fully set forth herein. This Memorandum may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. This Memorandum is solely for recording purposes and shall not be construed to alter, modify, amend or supplement the Lease of which this is a memorandum. 2464. IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly executed as of the date first above written. LESSOR: CITY OF POWAY, a municipal corporation LESSEE: PINNACLE REALTY OF CALIFORNIA, LLC, a California limited liability company an Troy Duhon, Manager [SIGNATURES MUST BE NOTARIZED] 2 STATE OF CALIFORNIA COUNTY OF L/ A,,C--6P On 114,41,W *Y Z 7 2k/ Z , before 24642 LG /1 J IAW Notary Public, personally appeared EAllt/ 1-r , who proved to me on the basis of satisfactory evidence to be the personN whose nameXis /subscribed to the within instrument and acknowledged to me that (she /t y executed the same in /her /tl* authorized capacity(i�), and that by Wher /tl�ir signaturekon the instrument the person(,, or the entity upon behalf of which the personxacted, 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. rA PHYLLIS SHINN Commission # 1956215 -+� Notary Public - California i San Diego County My Comm. Expires Nov 9, 2015 STATE OF CALIFORNIA COUNTY OF X44�. '5� �- Notary ub 1c On , before me, , Notary Public, personally appeared , who 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 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 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. WITNESS my hand and official seal. Notary Public 2643 IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly executed as of the date first above written. CITY: CITY OF POWAY, a municipal corporation LOIN Penny Riley, City Manager PINNACLE: PINNACLE REALTY OF CALIFORNIA, LLC, a California limited liability company By: Troy Duho Mana [SIGNATURES MUST BE NOTARIZED] 2 2464 STATE OF CALIFORNIA COUNTY OF On , before me, , Notary Public, personally appeared , who 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 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 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. WITNESS my hand and official seal. Notary Public t 1 ATE QF I IRIS 'r� ) COY OF OR ��.7 ) On 4J A , A-7 , Public, personally appeared -r , who proved to me on the basis of satisfactory evidenc to be th p (s )w ose name(s) is /are subscribed to the within instrument and acknowledged to me at 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. I I certify UNDER PENALTY OF PERJURY the foregoing paragraph is true and correct. WITNESS my hand and official seal. 3 L-UV Of a 00. under the laws of the State ofCaUfowAa that �n,MisSim EXHIBIT A LEGAL DESCRIPTION OF CITY SITE The land is situated in the City of Poway, County of San Diego, State of California, and is described as follows: The City's fee interest in the following parcels: Parcel A: Parcel 2, in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the office of the County Recorder of San Diego County, June 6, 1988, Parcel B: An easement for ingress and egress, over, along, and across that portion of Parcel 1 in the City of Poway, County of San Diego, State of California, as shown at Page 15255 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, June 6, 1988, delineated as "mutual ingress and egress easement reserved hereon" on said Parcel Map 15255. Assessor's Parcel No: 317- 190 -21/45 A -1