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HomeMy WebLinkAbout0201C - STREBE PLAZA THEATER LOUISES PANTRY f2a o REQUESTED BY AND WHEN N RECORDED MAIL TO: J ot f0� City Clerk t 4 t}1 City of Palm Springs op (a P. 0. Box l=�`86' f?75�__l i N W Palm Springs , California 92263 . a AMENDED MEMORANDUM OF LEASE AND PURCHASE OF PROPERTY THIS AMENDED MEMORANDUM OF LEASE AND PURCHASE OF PROPERTY is made this _113' day of , 1991, by and between EARLE C. STREBE and FRANCES B. STREBE, Trustees under Consolidated Trust Agreement dated June 25 , 1986 f/b/o EARLE C. STREBE and FRANCES B. STREBE as to an undivided one-half ( 1/2) interest, EARLE C. STREBE, Trustee under Declaration of Trust dated August 27 , 1976 , as amended by Revocable Trust Agreement dated February 2, 1988, f/b/o SUSAN S. PORTER, as to an undivided one-sixth ( 1/6) interest, EARLE C. STREBE, Co-Trustee under Declaration of Trust dated August 27, 1976 , as amended by Revocable Trust Agreement dated February 2, 1988, f/b/o DOROTHY ANN STREBE, as to an undivided one-sixth ( 1/6) interest, DEBRA GALE MILLER and GARY LEE WHITE, Cc- Trustees under Declaration of Trust dated August 27 , 1976, as amended by Revocable Trust Agreement dated February 2, 1988, f/b/o GESKA R. LINANE, as to an undivided one-sixth ( 1/6) interest ( collectively "Lessor" ) , and THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA ( "Lessee" ) . R E C I T A L S : A. On or about April 17, 1989, Lessor and Lessee caused to be recorded in the Official Records of Riverside County as Instrument No. 120381, a Memorandum of Lease and Purchase Agreement ( the "Memorandum" ) covering that certain real property legally described in the attached Exhibit "A" and memorializing the terms of a Lease and Purchase Agreement made on the 14th day of November , 1988 ( the "Lease" ) . The Memorandum was re-recorded in the Official Records of Riverside County on May 4, 1989 as Instrument No. 142779 . B. The legal boundaries of the property described in the attached Exhibit "A" have now been adjusted by Lot Line EXHIBIT "C" TO AMENDMENT TO LASE AND PURCHASE OF PROPERTY 6/437/065373-0005/03 10/10/91 ' 5182� Adjustment No. 90-16 recorded in the Official Records of Riverside County on February 1 , 1991 as Instrument No. 37105 and are now legally described by the terms of Exhibit "B" . C. Pursuant to that certain Corporation Grant Deed from Plaza Investment Company to Lessor recorded on or prior to the recording of this Amended Memorandum, Lessor has acquired title to all of the property legally described in the attached Exhibit "B" . D. By that certain Amendment to Lease and Purchase of Property entered into concurrently herewith, Lessor and Lessee have agreed to amend the legal description of the Leased Premises to conform to the legal boundaries of the property now owned by Lessor, as described in the attached Exhibit "B" . E. Lessor and Lessee further desire to amend the legal description of the Leased Premises described in the Memorandum and to memorialize the terms of all amendments to the Lease. NOW, THEREFORE, Lessor and Lessee hereby amend the Lease and the Memorandum as follows : 1 . The Lease as described in the Memorandum shall include that certain Lease and Purchase Agreement made on the 14th day of November , 1988, by and between Earl C. Strebe and Frances B. Strebe, as to an undivided one-half ( 1/2 ) interest , and Geska R. Linane, Susan S. Porter and Dorothy Ann Zabel Strebe, as to an undivided one-half ( 1/2) interest, as "lessor , " and The Community Redevelopment Agency of the City of Palm Springs, California, as "lessee, " as amended by that certain Addendum to Lease/Purchase of Property Agreement dated March 17, 1989 and that certain Amendment to Lease/Purchase Agreement entered into concurrently herewith by and between Lessor and Lessee. 2 . The covenants , terms and conditions contained in the Lease, including all of the above-referenced amendments , are incorporated herein by reference with the same force and effect as though fully set forth herein, including without limitation those provisions providing that the "Leased Premises" shall consist of that certain real property legally described in the attached Exhibit "B" . 3 . Should there be any inconsistency between the terms of this instrument and the terms of the Lease and the amendments incorporated herein, the terms of the Lease and the amendments thereto referenced above shall prevail. -2- • 51824 IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to Memorandum of Lease and Purchase of Property to be executed as of the date first set forth above. "LESSOR" e�i4 & j �� EARLE" C. STREBE, Trustee under Consolidated Trust Agreement dated June 25, 1986 f/b/o Earle C. Strebe and Francis B. Strebe F NCI�A ES B. EBE, Trustee under Consolidated Trust Agreement dated June 25 , 1986 f/b/o Earle C. Strebe and Francis B. Strebe EARLE C. STREBE, Trustee under Declaration of Trust dated August 27 , 1976 , as amended by Revocable Trust Agreement dated February 2, 1988 , f/b/o Susan S. Porter X7- / EARLE C. STREBE, Co-Trustee under Declaration of Trust dated August 27 , 1976 , as amended by Revocable Trust Agreement dated February 2, 1988, f/b/o Dorothy Ann Strebe DEBRA GALE MILL , Co-Trustee under Declaration of Trust dated August 27 , 1976, as amended by Revocable Trust Agreement dated February 2 , 1988, f/b/o Geska R. Linane [Signatures Continued on next page. ] -3- 51824 QI GAR�Y 'LE , Co-Trustee under DeClarati0 o Trust dated August 27 , 1976 , as am ed by Revocable Trust Agreement dated February 2 , 1988, f/b/o Geska R. Linane "LESSEE" THE COMMUN M AGENCY OF THE CIT OF PALM SPR ,, CALIFORNIA Q By: ATTEST: Executi irect J, Secr 'ta y -4- 51824 STATE OF CALIFORNIA ) ss . COUNTY OF ) On the day of 1991 , before me, the undersigned, a Notary Public in and for said State and County, personally appeared Earle C. Strebe, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as Trustee under the Consolidated Trust Agreement dated June 25 , 1986 f/b/o Earle C. Strebe and Frances B. Strebe as to an undivded one-half interest , and acknowledged that he executed the same as Trustee of said Trust named herein. WITNESS my hand and official seal . n I �F �IUVP_LVaiu, �9.�:IINIES N15tary Publi (SEAL) {\; � N07ARv w,,.. ir. ,,uFORNIP /,_ ` wlurn.;,oecowwry my cemr, e.Pre;.:,Pei zo,I nsz y STATE OF CALIFORNIA ) ss . COUNTY OF ) On the day of 1991, before me, the undersigned, a Notary Public in and for said State and County, personally appeared Frances B. Strebe, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as Trustee under the Consolidated Trust Agreement dated June 25 , 1986 f/b/o Earle C. Strebe and Frances B. Strebe as to an undivded one-half interest , and acknowledged that she executed the same as Trustee of said Trust named herein. WITNESS my hand and official seal . r,i;s., �:, OFFICIAL SFA_x„` PNIEPPAME3.7AYR4ES Notary Publi PUBLIC-CALIFOBNIA Ij ('SEAL) °a!'r;te=�N�s' IVEgSID[COU � TV flN MIr YCemm.6yims APrJ 20 TOT, { a = -A -5- s 51824 STATE OF CALIFORNIA ) ss. COUNTY OF ) On the �� day of 0\ 1991 , before me, the undersigned, a Notary Public in and for said State and County, personally appeared Earle C. Strebe, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as Trustee under Declaration of Trust dated August 27 , 1976 , as amended by Revocable Trust Agreement dated February 2 , 1988 , f/b/o Susan S . Porter as to an undivided one-sixth interest , and acknowledged that he executed the same as Trustee of said Trust named herein. WITNESS my hand and official seal. V\j NO7ARYPUBLIC- cnuw�Nin NotaryPublic <` ��,� siveasioecouury (SEAL) ._-_�-��,M"'�c°'^m fxpir°;Apn120,1992 STATE OF CALIFORNIA ) ss . COUNTY OF ) On the � day of l -� 1991, before me, the undersigned, a Notary Public in and for said State and County, personally appeared Earle C. Strebe, personally known to me (or proved to me on the basis of satisfactory evidence ) to be the person whose name is subscribed to the within instrument as Co-Trustee under Declaration of Trust dated August 27 , 1976 , as amended by Revocable Trust Agreement dated February 2, 1988, f/b/o Dorothy Ann Strebe, as to an undivided one-sixth interest, and acknowledged that he executed the same as Co-Trustee of said Trust named herein. WITNESS my hand and official seal . oxsQceAL snAa, No ry Publ i °'magic (SEAL) �M,���, rao�:•Fiveii�iuEcouNi°rHnnA ��kr,ay coins n o,r99z V Y_V�Y,v_wE::pii esq rill -6- 51824 STATE OF CALIFORNIA ) ss . COUNTY OF �6�� On the day of C�'{CA�,„�^ ,�' 1991, before me, the undersigned, a Notary Public in and for said State and County, personally appeared Debra Gale Miller , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as Co-Trustee under Declaration of Trust dated August 27 , 1976, as amended by Revocable Trust Agreement dated February 2, 1988, f/b/o Geska R. Linane, as to an undivided one-sixth interest , and acknowledged that she executed the same as Co-Trustee of said Trust named herein. WITNESS my hand and official seal . xasc���soc,�ao.aea-newows.}•}•s,.e••s}•• /�T... � , �.� _ _. -� ,�/, / OF"CIALSEAL •, 3e4�� PEPhif�NlES. h4ONl; • Notary!" Public SEAL • NOTAFY PUQUC,CAUFORNIA } pu, , ,.�•, ^P PBINCIPALOFPICE IN SAN LUIS OBISPO COUNTY My Commission E,p.Apr.12,=4 ••?e.k•t,pnac*:r%^v9f••bl GSC6b�S,O..i.:•8ta lA STATE OF CALIFORNIA ) ) ss . COUNTY OF66ti , L(( 0 06d « ) On the ILL day of 1991 , before me, the undersigned, a Notary Public in and for said State and County, personally appeared Gary Lee White, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as Co-Trustee under Declaration of Trust dated August 27 , 1976, as amended by Revocable Trust Agreement dated February 2 , 1988, f/b/o Geska R. Linane, as to an undivided one-sixth interest, and acknowledged that he executed the same as Co-Trustee of said Trust named herein. WITNESS my hand and official seal. Notariy Public ( SEAL) q.pGC�G=GY•>GJO.:.G.Y.DLO•i069vA.*-:bJ9G}09C OFFICIAL SEAL STEPNFINIE L.MONK $ NOTAMYPI-CnLIFONwn 2 PRINCIPAL OFFICE IN • `:a'✓',°"=P��' SAN LUIS OBISPO COl1P1TY a Fliy Commission uq Apr.12,1994 V }kti44tiU401`ti4'OJf`CU:,r,r..vOd•rAiPw•f•}G• -7- 51824 EXHIBIT 'A' PARCEL 1: That portion of Block 27, of PAL4 SPRINGS, as shown by Hap on file in Book 9 page 432, of Haps , Records of San Diego Count7, California, described as follows: BEGINNING at a point 'on the Kest line of said Block 27 that bears South 00' 08' East a distance of 114_feet, from the-Northwest corner thereof; THENCE continuing- South 00' 08' East along said west line a distance of 61 .70 feet; THENCE North 89' 52' East and parallel with the North line of said Block 27 a distance of 57.80 feet; THENCE South 00' 08 ' East and parallel with said west line a distance of 7. 10 feet; THENCE North 89' 52' East and parallel with said North line a distance of 55 feet; THENCE South 00' 08' East and parallel with said West line a distance of 0.47 feet; THENCE North 89' 52' East and parallel with said North line a distance of 59 feet; THENCE North 00' 08' Hest and- parallel with said 'West line a distance of 0.47 feet; THENCE North 89' 52' East and parallel with said North line a distance of 44.58 feet; THENCE North 00' 08' Hest and parallel with said Hest line a distance of 47.48 feet; THENCE North 89' 52' East and parallel with said North line a distance of 4 .45 feet; THENCE North 00' 08'- Hest and parallel with said Hest line a distance of 4.75 feet; THENCE South 89' 32' Hest and parallel with said North line a distance of 4.45 feet; THENCE North 00' 08' Hest and parallel with said Hest line a distance of 16.57 feet; THENCE South 89' 52' Hest and parallel with said North line 216.38 feet to the Point of Beginning. -continued- EXHIBIT 'A' TO AMENDED MEMORANDUM OF LEASE AND PURCHASE OF PROPERTY Page 1 of 3 Pages 51824 PARCEL 2: A right of way for ingress and egress over that portion of Block 27 of PALM SPRINGS, as show by Hap on file in Book 9 page 432, of flaps , Records of San Diego County, California, described as follows: COMMENCING at a point on the West line of said Block 27 that bears South 00' 08' East a distance of 175.70 feet from the Northwest corner thereof; THENCE North 89' 52' East a distance of 57 .80 feet ; THENCE South 00' 08' East and parallel with said West line 7. 10 feet; THENCE North 89' 52' East and parallel with the North line of Block 27 a distance of 55 feet; - -THENCE South 00' 08' East 0.47 feet ; THENCE North 89' 32' East and parallel with said North line 25. 75 feet to the TRUE PORT OF BEGINNING; THENCE South 00' 08 ' East and parallel with the said West line 105.50 feet; THENCE South 89' 52' West a distance of 138.55 feet to the West line of said Block 27; THENCE South 00' 08' East a distance of 7 feet along said West line; THENCE North 89' 52' East and parallel with said North line a distance of 290.50 feet; THENCE North 00' 08' West along the East line of said Block 27 a distance of 7 feet; THENCE South 89' 52' West a distance of 144.95 feet; THENCE North 00' 08' West and parallel with said West line 105.50 feet to a point on the South wall of Plaza Theatre Building; THENCE South 89' 52' West along said wall 7 feet to the TRITE POINT OF BEGINNING. —continued— EXHIBIT 'A" Page 2 of 3 Pages 5IS24 PARCEL 3: r An easement for ingress and egress of pedestrians , equipment and vehicles to and from Parcel 1 herein described over that portion of Block 27 of PALM SPRINGS, as shown by Hap on file in Book 9 page 432, of Maps , Records of San Diego County, California, described as follows: COMTTKING at a point on the West line of said Block 27 that bears South 00' 08' East a distance of 114 feet from the Northwest corner thereof; THENCE North 89' 32' East and parallel with the North line of said Block 27 a distance of 216.38 feet to the TRUE POINT OF BEGINNING; THENCE continuing North 89' 52' East and parallel with said North line a distance of 74 . 12 feet, more or less , to a point on the said East line of said Block 27; THENCE South 00' 08' East along said East line a distance of 8 feet; THENCE South 89' 52' West and parallel with said North line a distance of 67.12 feet; THENCE South 00' 08' East and parallel with said East line of Block 27 a distance of 8.37 feet; THENCE South 89' 52' West and parallel with said North line 7 feet to a point on the East wall of Plaza Theatre Building; THENCE North 00' 08' West along said wall a distance of 16.57 feet to the TRUE POINT OF BEGINNING. PARCEL 4: A right of way 7 feet wide over the property of the Plaza Investment Company, Inc . , immediately adjacent to the Southerly and Easterly lines of Parcel 1 herein described wherever the same is or will be accessible and to the extent and for the time only that the same is necessary for the purpose of attending to the upkeep and maintenance of the improvements located in said Parcel 1 , as conveyed to Earle C. Strebe by deed recorded March 1, 1955 as Instrument No. 13488 of Official Records of Riverside County, California. PARCEL 5: An easement over the property of the Plaza Investment Company, Inc. , for the overhanging of the theatre building located on Parcel 1 herein described as conveyed to Earle C. Strebe by deed recorded March 1 , 1955 as Instrument No. 13488 of Official Records of Riverside County , California. NOTE: Said property is also situated in the City of Palm Sprinis . EXHIBIT "A" Page 3 of 3 Pages XHIBIT B PLAZA THEATRE COMPLEX E • . PARCEL 1: 51824 THAT PORTION OF BLOCK 27 OF PALM SPRINGS, AS SHCX+]N By MAP ON FILE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIECX) COUNTY, CALIFORNIA, DES- CRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID BLOCK 27 THAT BEARS SOUTH 00 DEGREES 08' EAST, A DISTANCE OF 114 FEET, FROPI THE NORTHWEST CORNER THEREOF; THENCE CONTINUING SOUTH 00 DEGREES 08' EAST ALONG SAID WEST LINE A DIS- TANCE OF 61.70 FEET; THENCE NORTH 89 DEGREES 52' EAST AND PARALLEL WITH THE NORTH LINE OF SAID BLOCK 27, A DISTANCE OF 57.80 FEET; THENCE SOUTH 00 DEGREES 08' EAST AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 7.10 FEET; THENCE NORTH 89 DEGREES 52' EAST AND PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 55 FEET; THENCE SOUTH 00 DEGREES 08' EAST AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 0.47 FEET; THENCE NORTH 89 DEGREES 52' EAST AND PRALLEL WITH SAID NORTH LINE, A DISTANCE OF 59 FEET; THENCE NORTH 00 DEGREES O8' WEST AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 0.47 FEET; THENCE NORTH 89 DEGREES 52' EAST AND PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 44.58 FEET; THENCE NORTH 00 DEGREES 08' WEST AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 47.48 FEET; THENCE NORTH 89 DEGREES 52' EAST AND PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 4.45 FEET; THENCE NORTH 00 DEGREES 08' WEST AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 4.75 FEET; THENCE SOUTH 89 DEGREES 52' WEST AND PARALLEL, WITH SAID NORTH LINE, A DIISTANCE OF 4.45 FEET; THENCE NORTH 00 DECREES 08' WEST AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 9.57 FEET; THENCE NORTH 89 DEGREES 52' EAST AND PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 5.00 FEET; THENCE NORTH 00 DEGREES 08' WEST AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 2.00 FEET; THENCE SOUTH 89 DEGREES 52' WEST AND PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 5.00 FEET; THENCE NORTH 00 DEGREES 08' WEST AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 5.00 FEET; THENCE SOUTH 89 DEGREES 52' WEST AND PARALLEL WITH SAID NORTH LINE, 216.38 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION WAS PREPARED TO CONFORM TO LOT LINE ADJUSTMENT NO. 90-16 OF THE CITY OF PALM SPRINGS, EXCEPTING FROM THE ABOVE DESCRIBED PARCEL, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID BLOCK 27 THAT BEARS SOUTH 0*08' EAST, 175.70 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 89° 52' EAST, PARALLEL WITH THE NORTH LINE OF SAID BLOCK 27, A DISTANCE OF 7.00 FEET TO THE TRUE POINT OF BEGINNING; EXHIBIT B - AMENDED MEMORANDUM OF -1- LEASE AND PURCHASE OF PROPERTY 51824 THENCE AT-ONG SAID PAPAEUM LINE, NORTH SS' 52' 00" EAST, 39.22 FEET; ,.THENCE NORTH COB' WEST, 1:3.00 FEET; THENCE SOUTH 89052' WEST, 3.80 FEET; THENCE NORTH 0008' WEST, 3.25 FEET; THENCE SOUTH 89052' WEST, 3.50 FEET; THENCE NORTH 0* 08' WEST, 2.50 FEET; THENCE SOUTH 89052' WEST, 14.00 FEET; THENCE SOUTH 0008' EAST, 2.50 FEET; THENCE SOUTH 89°52' WEST, 4.17 FEET; THENCE NORTH 0a08' WEST, 2.50 FEET; THENCE SOUTH 89152' WEST, 8.25 FEET; THENCE SOUTH 0' 08' EAST, 2.50 FEET; THENCE SOUTH 89052' WEST, 5.50 FEET; THENCE SOUTH 0008' EAST, 6.75 FEET; THENCE SOUTH 89052' WEST, 2.50 FEET; THENCE SOUTH O008' EAST, 7.50 FEET; THENCE NORTH 89` 52' EAST, 2.50 FEET; THENCE SOUTH 0008' EAST, 2.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING FROM THE ABOVE DESCRIBED PARCEL THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID BLOCK 27 THAT BEARS SOUTH 00 DEGREES 08' FAST, A DISTANCE OF 114 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NORTH 89* 52' EAST, 62.12 FEET TO THE FACE OF THE THEATER BUILDING; THENCE ALONG SAID FACE OF BUILDING SOUTH 0008' EAST, 20.42 FEET; THENCE SOUTH 89° 52' WEST, 45.50 FEET; THENCE NORTH 0008' WEST, 3.25 FEET; THENCE SOUTH 89' 52' WEST, 16.62 FEET TO THE WESTERLY LINE OF SAID PARCEL; THENCE ALONG SAID WESTERLY LINE, NORTH 0008' WEST, 17.17 FEET TO THE POINT OF BEGINNING. PARCEL 2: A RIGHT OF WAY FOR INGRESS AND EGRESS OVER THAT PORTION OF BLOCK 27 OF PALM SPRINGS, AS SHOWN BY D1AP ON F1ZE IN BOOK 9 PAGE 432 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE [VEST LINE OF SAID BLOCK 27 THAT BEARS SOUTH 00 DEGREES 08' EAST, A DISTANCE OF 175.70 FEET, FROM THE NORTH- WEST CORNER THEREOF; THENCE NORTH 89 DEGREES 52' EAST, A DISTANCE OF 57.80 FEET; THENCE SOUTH 00 DEGREES 08' EAST AND PARALLEL, WITH SAID WEST LINE 7.10 FEET; THENCE NORTH 89 DEGREES 52' EAST AND PARALLEL WITH THE NORTH LINE OF BLOCK 27, A DISTANCE OF 55 FEET; THENCE SOUTH 00 DEGREES 08' EAST 0.47 FEET; THENCE NORTH 89 DEGREES 52' EAST AND PARALLEL WITH SAID NORTH LINE, 25.75 FEET, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 08' EAST, AND PARALLEL WITH THE SAID WEST LINE, 105.50 FEET; THENCE SOUTH 89 DEGREES 52' WEST, A DISTANCE OF 138.55 FEET, TO THE WEST LINE OF SAID BLACK 27; -2- EXHIBIT B - AMENDED MEMORANDUM OF LEASE AND PURCHASE OF PROPERTY