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A- 2014 -133 -C
<br />AFTER RECORDATION RETURN TO:
<br />Quint & Thimmig LLP
<br />900 Larkspur Landing Circle, Suite 270
<br />Larkspur, CA 94939 -1726
<br />Attention: Brian D. Quint, Esq.
<br />THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT
<br />TO SECTION 11928 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THUS DOCUMENT IS
<br />EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNLk
<br />GOVERNMENT CODE.
<br />MEMORANDUM OF LEASE AGREEMENT
<br />This MEMORANDUM OF LEASE AGREEMENT (this "Memorandum of Lease
<br />Agreement "), is entered into as of June 1, 2014, by and between the SANTA ANA
<br />FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under
<br />the laws of the State of California, as lessor (the "Authority "), and the CITY OF SANTA
<br />ANA, a municipal corporation and chartered city organized and existing under the laws of the
<br />State of California, as lessee (the "City "), who agree as follows:
<br />Section 1. The Lease. The City leases from the Authority and the Authority leases to the
<br />City, certain real property described in Section 2 hereof, and the improvements situated upon
<br />said real property, upon the terns and conditions, and for the term, more fully set forth in the
<br />Lease Agreement, dated as of June 1, 2014, by and between the Authority, as lessor, and the
<br />City, as lessee (the "Lease Agreement "), all of the provisions of which are hereby incorporated
<br />into this Memorandum of Lease Agreement by reference.
<br />Section 2. Leased Premises: Terrn. The Authority leases, lets arid demises unto the City
<br />and the City leases, hires and takes from the Authority, those certain parcels of real property
<br />situated in Orange County, State of Califorrria, more particularly described in Exhibit A
<br />attached hereto and made a part hereof (collectively, the "Site "), and those certain
<br />improvements on the Site, more particularly described in Exhibit B attached hereto and made a
<br />part hereof (the "Facility "). The Lease Agreement is for a term commencing on the date of
<br />recordation of this Memorandum of Lease Agreement and ending on July 1, 2028, or such
<br />earlier or later date on which the Lease Payments (as defined in the Lease Agreement) are paid
<br />in full or provision has been made for such payment in accordance with the Lease Agreement.
<br />Section 3. Assi , ,Bent Agreement of Lessor's Rights Under Lease Agreement. Pursuant
<br />to an assignment agreement, dated as of June 1, 2014, . by and between the Authority and U.S.
<br />Bank National Association, as agent, on behalf of TPB Investments, Inc., a wholly owned
<br />subsidiary of Western Alliance Bank, an Arizona corporation, Compass Mortgage
<br />Corporation, an Alabama corporation, and Capital One Public Funding, LLC, as assignees
<br />(collectively, the "Assignees "), recorded concurrently herewith, the Authority has assigned,
<br />transferred and delivered to the Assignees, all of its rights, title and interest in, to and under
<br />the Site and Facility Lease (as defined in the Lease Agreement) and the Lease Agreement.
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