Agmt22 City County Land Swap Leaseback Agrmt

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Form of Memorandum of Leaseback ATTACHMENT 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Redwood City Attn: City Clerk 1017 Middlefield Road Redwood City, CA 94063 (Space Above This tine for Recorder's Use Only) [Exempt from recording fee per Gov. Code § 27383] MEMORANDUM OF LEASEBACK AGREEMENT THIS MEMORANDUM OF LEASEBACK AGREEEMENT ("Memorandum") is dated as of 2022, by and between the CITY OF REDWOOD CITY, a California charter city and municipal corporation ("Landlord"), and the COUNTY OF SAN MATEO, a political subdivision of the State of California ("Tenant"). RECITALS: A. Landlord and Tenant entered into that certain Leaseback Agreement dated concurrently herewith (the "Lease"), with respect to the portion (described in Exhibit 1 attached hereto and made a part hereof, the "Premises") of the property located in the City of Redwood City, County of San Mateo, State of California, described in Exhibit 2 attached hereto and made a part hereof (the "Property"). All capitalized terms used herein without definition shall have the respective meanings given to them in the Lease. B. Landlord and Tenant desire to record a Memorandum of the Lease confirming the existence of the Lease on the Premises. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Lease. In consideration of the covenants and agreements contained in the Lease, Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, on all of the terms, covenants and conditions set forth in the Lease. 2. Term. The term of the Lease shall commence on the date first set forth above (the "Commencement Date") and unless sooner terminated as provided in the Lease, shall expire on March 31, 2022 ("Expiration Date"). The Lease includes a liquidated damages provision that applies in the event Tenant does not vacate and surrender possession of the Premises to Landlord by the Expiration Date or such later date as Landlord may agree in writing in its sole and absolute discretion. 3. Lease Incorporated. The purpose of this Memorandum is solely to provide notice of the existence of the Lease. All terms, conditions and covenants of the Lease are incorporated REV: 01-21-2022 SK ATTY/AGR.2022.010.2/City- County Land Swap (Page 29 of 34)