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CONTRACT 6261-1 OtherAgreement No. 6261-1 This page is part of your document - DO NOT DISCARD o lllllll�llllll IIIIIIIIIIII Illlllllllllll IIIIIIIh�IIII �'IIIIIIII I 14 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 06/04/21 AT 08:OOAM FEES: TAXES OTHER P0006 0.00 0.00 0.00 PAID: 0.00 111111111fLEADSHEET ��iiuiiii�i�awiiiiiNiuionai�u�uui��uN�uiaiuiaudii II I I�' ICI III I II I202106041010012 CI �I Iltll INII VIII I II I�'I II I III IIAI VII IIA 00020609605 012288125 SEQ: 01 �mi�ruua�nm�SECURE �wM-OOAM�mmuu�uu THIS m��unou�ur�p��i��w��w�p���u� 12110111-X23- FOR REFERENCE ONLY: 2 0 210 8 8 9 6 ement No. 6261-1 CHICAGO TITLE COMPANY COMMERCIAL VIVIM 510IN Recording Requested By, and When Recorded Return To: City of El Segundo Attn: City Clerk 350 Main Street El Segundo, CA 90245 MEMORANDUM OF LEASE Documentary transfer tax is $0.00 Lease is less than 35 years. This is a Memorandum of Lease made and entered into as of this 61" day of February, 2021, by and between the CITY OF EL SEGUNDO, a general law city and 2021, municipal corporation (hereinafter "Lessor") and ES CENTERCAL, LLC, a Delaware limited liability company (hereinafter "Lessee") upon the following terms: 1. Lease. The provisions set forth in a written lease between the parties hereto dated February 6, 2021 (the "Lease"), are hereby incorporated by reference into this Memorandum. 2. Leased Premises. The Premises which is the subject of the Lease is more particularly described in Exhibit "A-1" attached hereto. 3. Commencement Date of Lease. The Lease shall be deemed to have commenced February 6, 2021, as set forth within the terms of the Lease. 4. Term. The Basic Term of the Lease shall commence on February 6, 2021 and end on February 6, 2041, as set forth and further defined in the Lease. Lessee shall have six successive options to extend the term of the Lease, each for a separate additional period of five years from the date upon which such term would otherwise expire. 5. Duplicate copies of the originals of the Lease are in the possession of the Lessor and Lessee and reference should be made thereto for a more detailed description thereof and for resolution of any questions pertaining thereto. The addresses for Lessor and Lessee are as follows: LESSOR: City of El Segundo 350 Main Street El Segundo, CA 90245 LESSEE: ES CenterCal, LLC: 1600 East Franklin Street El Segundo, California 90245 Attn: Fred W. Bruning and Jean Paul Wardy With a copy to: ES Centercal, LLC 1600 East Franklin Street El Segundo, California 90245 Attn: Sean Dennison Agreement No. 6261-1 CHICAGO TITLE COMPANY COMMERCIAL. DIVISION Recording Requested By, and When Recorded Return To: City of El Segundo Attn: City Clerk 350 Main Street El Segundo, CA 90245 MEMORANDUM OF LEASE Documentary transfer tag is $0.00 Lease is less than 35 years. This is a Memorandum of Lease made and entered into as of this 6th day of February, 2021, by and between the CITY OF EL SEGUNDO, a general law city and 2021, municipal corporation (hereinafter "Lessor") and ES CENTERCAL, LLC, a Delaware limited liability company (hereinafter "Lessee") upon the following terms: 1. Lease. The provisions set forth in a written lease between the parties hereto dated February 6, 2021 (the "Lease"), are hereby incorporated by reference into this Memorandum. 2. Leased Premises. The Premises which is the subject of the Lease is more particularly described in Exhibit "A-V attached hereto. 3. Commencement Date of Lease. The Lease shall be deemed to have commenced February 6, 2021, as set forth within the terms of the Lease. 4. Term. The Basic Term of the Lease shall commence on February 6, 2021 and end on February 6, 2041, as set forth and further defined in the Lease. Lessee shall have six successive options to extend the term of the Lease, each for a separate additional period of five years from the date upon which such term would otherwise expire. 5. Duplicate copies of the originals of the Lease are in the possession of the Lessor and Lessee and reference should be made thereto for a more detailed description thereof and for resolution of any questions pertaining thereto. The addresses for Lessor and Lessee are as follows: LESSOR: City of El Segundo 350 Main Street El Segundo, CA 90245 LESSEE: ES CenterCal, LLC: 1600 East Franklin Street El Segundo, California 90245 Attn: Fred W. Bruning and Jean Paul Wardy With a copy to: ES Centercal, LLC 1600 East Franklin Street El Segundo, California 90245 Attn: Sean Dennison 12f 1 al l[ -07 Z3 Agreement No. 6261-1 6. Purpose. It is expressly understood and agreed by all parties that the sole purpose of this Memorandum of Lease is to give record notice of the Lease; it being distinctly understood and agreed that said Lease constitutes the entire lease and agreement between Lessor and Lessee with respect to the Leased Premises and is hereby incorporated by reference. The Lease contains and sets forth additional rights, terms, conditions, duties, and obligations not enumerated within this instrument which govern the Lease. This Memorandum is for information purposes only and nothing contained herein may be deemed in any way to modify or vary any of the terms or conditions of the Lease. In the event of any inconsistency between the terms of the Lease and this instrument, the terms of the Lease shall control. The rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the date first hereinabove mentioned. CITY OF EL,SEGUNDO ("Lesson"1: By: ....... Name: Title: —6 4 11ver A notary public or other officer completing this certificate verifies �.....rl_........._ 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 Califon is County of On before me, �� ". i insert tame and title 6f M officer) personally appeared who proved to me on the basis of satisfactory ev'i ence fo be the per on who�se"name - i subs ibed to the within instrument and acknowled d to me tha e execute t same l cs �r authorized oapacity�, �„ and that by i �r si t lre� on the instrument the p oq or the entity upon behalf of which the perso 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. . * PHILIP FLORENDO Signature `" Q'eal'�r"- Notary Pubhc California Ventura County M Commission # 2334254 +tip"' My Comm. Expires Oct 22, 2024 Agreement No. 6261-1 ES CENT' RCAL, LLC ("Lessee"): By: M Name:Sly,\ Title: By: Name: Title: w 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 mseOn „ f "TA before me,(i rt name and itle of tthMe—@Jr)�� C' personally appeared l+ as who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) re subscribed to the within instrument and acknowled d to me thatshelthey executed the same iu i her/their authorized capaclty(ies), and that.. try i her/their signature(s) on the instrument the person(s)„ or the entity upon behalf of which the perso 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. �' =KLEINS.NSignature (Seal) CO680 ZaC Notafornia ALonty �Com. 7, 202. ' Agreement No. 6261-1 ­_' - -- -------- - -­- - - -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 � � A On &_1� a �91 before me, L 4ttV1 '2, L4—' , 1�1+_r u C I \ (insert name and titl of the officer) personally appeared. .1�U1�. Z .. ...__......._w who proved to me on the basis of satisfactory evidence to be the person(s) whose names) r subscribed to the within instrument and 'Vnowledged to me that shelthey ex'eeuted the sarne in " ')er/thejr authorded capacfty(ies)a and that by ier/their signatures) 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 Signature � � � (Seal) COELLEN MM 0. KLEIN 80 0 � z mm a notary Public • California e Lox Angeles County Corrnw 1xelres Nov. 7. 2023 Agreement No. 6261-1 160 South Old Springs Road, Sm 210 Exhibit A-1 Anaheim Hills, California 92808 fdoncEngineering, Inc. Phone: 714-685-6860 n'iI llnr u�.i°iinf,)Jlaur ,vvvyinrllai'rd iNdni6ng Fax:714-685-6801 Project: Topgolf El Segundo Job No: 19-160 Date: 2021-02-04 Topgolf Venue & Parking Property Legal Description Per Lot Line Adjustment recorded 02/03/21 as Instrument No. 20210191742, O.R. PARCEL 2; IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING THAT PORTION PARCEL 1 OF PARCEL MAP NO. 17749 AS PER MAP FILED IN BOOK 207, PAGES 56 THROUGH 60, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL NORTH 44°20'30" WEST, 301.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE ALONG THE FOLLOWING SEVEN (7) COURSES: 1. SOUTH 81 °23'50" WEST, 86.36 FEET; 2. SOUTH 36°34'02" WEST, 49.32 FEET; 3, SOUTH 81 °23'50" WEST, 491.83 FEET; 4. SOUTH 26°06'34" WEST, 4.80 FEET; 5. SOUTH 82°50'24" WEST, 85.69 FEET; & SOUTH 30°00'00" WEST, 33.73 FEET; 7. SOUTH 90000'00" WEST, 217.98 FEET TO A POINT IN THE WEST LINE OF SAID PARCEL 1, SAID POINT BEING DISTANT 1,272.63 SOUTHERLY FROM THE 2-INCH IRON PIPE WITH BRASS CAP STAMPED "RCE 17889" AT THE SOUTHWESTERLY TERMINUS OF THE COURSE SHOWN ON SAID PARCEL MAP NO. 17749 AS "N 890 56' 00" E 170.00' " TOGETHER WITH THE LAND DESCRIBED IN THE GRANT DEED RECORDED JULY 18, 1995 AS INSTRUMENT NO. 95-1161504, OF OFFICIAL RECORDS. TOGETHER WITH THE LAND DESCRIBED IN THE GRANT DEED RECORDED JUNE 19, 1996 AS INSTRUMENT NO. 96-967352, OF OFFICIAL RECORDS. THE ABOVE DESCRIBED PARCEL CONTAINS 10.674 ACRES, MORE OR LESS. Agreement No. 6261-1 Recording Requested By, and When Recorded Return To: City of El Segundo Attn: City Clerk 350 Main Street El Segundo, CA 90245 MEMORANDUM OF LEASE This is a Memorandum of Lease made and entered into as of this 6th day of February , 2021 , by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation (hereinafter "Lessor") and ES CENTERCAL, LLC, a Delaware limited liability company (hereinafter "Lessee") upon the following terms: 1. Lease. The provisions set forth in a written lease between the parties hereto dated February 6; 2021 (the "Lease"), are hereby incorporated by reference into this Memorandum. 2. Leased Premises. The Premises which is the subject of the Lease is more particularly described in Exhibit "A-V attached hereto. 3. Commencement Date of Lease. The Lease shall be deemed to have commenced February 6 , 2021 , as set forth within the terms of the Lease. 4. Term. The Basic Term of the Lease shall be twenty years from the Permises Turnover Date, as set forth and further defined in the Lease. Lessee shall have six successive options to extend the term of the Lease, each for a separate additional period of five years from the date upon which such term would otherwise expire. 5. Duplicate copies of the originals of the Lease are in the possession of the Lessor and Lessee and reference should be made thereto for a more detailed description thereof and for resolution of any questions pertaining thereto. The addresses for Lessor and Lessee are as follows: LESSOR: City of El Segundo 350 Main Street El Segundo, CA 90245 LESSEE: ES CenterCal, LLC: 1600 East Franklin Street El Segundo, California 90245 Attn: Fred W. Bruning and Jean Paul Wardy With a copy to: ES Centercal, LLC 1600 East Franklin Street El Segundo, California 90245 Attn: Sean Dennison Agreement No. 6261-1 6, Purpose. It is expressly understood and agreed by all parties that the sole purpose of this Memorandum of Lease is to give record notice of the Lease; it being distinctly understood and agreed that said Lease constitutes the entire lease and agreement between Lessor and Lessee with respect to the Leased Premises and is hereby incorporated by reference. The Lease contains and sets forth additional rights, terms, conditions, duties, and obligations not enumerated within this instrument which govern the Lease. This Memorandum is for information purposes only and nothing contained herein may be deemed in any way to modify or vary any of the terms or conditions of the Lease. In the event of any inconsistency between the terms of the Lease and this instrument, the terms of the Lease shall control. The rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the date first hereinabove mentioned. CITY OF EL EGIJN Ci {"Lessor"): By: Name: Title: A notary the identity of the individuaor other l who signer ed the document to ........_..... this certificate verifies only y signed the oc which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cal nt County of ajO(ibseirt On before me,, Warne and tutle of t�e o ioer personally appeared _ who proved to me on the basis of satisfactory eviden e to be the per, 1c 4 whose name suAso d to the within Instrument a id acknowled d to me that y execrate 4h s me iauthorized capacityo , and that by r si ature on the instrument the por the entity upon behalf of which the perso acted, executedinstrument. 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 sear Sin ure(Seal) r���er�lt�lVentura � rritla g at Commission # 2334754 a "" key Comm, Expires Ott 22, 2024 Agreement No. 6261-1 ES CEf By: Name. - Title: By: Name Title: 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 Calif rnia County of e"° On before me,a�1 �fa a� (insert name and titfe of the office personally appeared N , who proved to me on the basis of satisfactory evidence to be the per on(s) whose names) are subscribed to the within instrument and acknowled d tome that /she/the'y executed the same in ier/their authorized capacity(ies), and that by her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Signature l ('Seal) ELLIwN B. tLE.tN COMM. #2311680 Notary Public .California z Los Angeles County Conn, E ires Nov, '7, �N23 Agreement No. 6261-1 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 Californ'a County of ii,''r� _q _0 V911 m„ before me, ••••avi ......__ (insertryname and titld of the offs I icer) personally appeared J p' oi" 6 '" who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)are subscribed to the within instrument and acknowledged to me that as 'she/they executed the same if lher/their authorized capacity(ies), and that by )i• `her/their signature(s) on the instrument the person(s), og, re 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 Signature (Seal) L11N, KLEIN COMM. #2311680 Z Notary Public • California z Los Angeles Count� M Comm. Expires Nov. 7„ 023 Agreement No. 6261-1 Exhibit A-1 id Engineering, Inc. f'z i xn t,�(11 Project: Topgolf El Segundo Job No: 19-160 Date: 2021-02-04 Topgolf Venue & Parking Property Legal Description Per Lot Line Adjustment recorded 02/03/21 as Instrument No. 20210191742, O.R. PARCEL 2: IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING THAT PORTION PARCEL 1 OF PARCEL MAP NO. 17749 AS PER MAP FILED IN BOOK 207, PAGES 56 THROUGH 60, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL NORTH 44°20'30" WEST, 301.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE ALONG THE FOLLOWING SEVEN (7) COURSES: 1. SOUTH 81 °23'50" WEST, 86.36 FEET; 2. SOUTH 36034'02" WEST, 49.32 FEET; 3. SOUTH 81 °23'50" WEST, 491.83 FEET; 4. SOUTH 26006'34" WEST, 4.80 FEET; 5. SOUTH 82°50'24" WEST, 85.69 FEET; 6. SOUTH 30000'00" WEST, 33.73 FEET; 7. SOUTH 90°00'00" WEST, 217.98 FEET TO A POINT IN THE WEST LINE OF SAID PARCEL 1, SAID POINT BEING DISTANT 1,272.63 SOUTHERLY FROM THE 2-INCH IRON PIPE WITH BRASS CAP STAMPED "RCE 17889" AT THE SOUTHWESTERLY TERMINUS OF THE COURSE SHOWN ON SAID PARCEL MAP NO. 17749 AS "N 890 56' 00" E 170.00' " TOGETHER WITH THE LAND DESCRIBED IN THE GRANT DEED RECORDED JULY 18, 1995 AS INSTRUMENT NO. 95-1161504, OF OFFICIAL RECORDS. TOGETHER WITH THE LAND DESCRIBED IN THE GRANT DEED RECORDED JUNE 19, 1996 AS INSTRUMENT NO. 96-967352, OF OFFICIAL RECORDS. THE ABOVE DESCRIBED PARCEL CONTAINS 10.674 ACRES, MORE OR LESS.