HomeMy WebLinkAbout1996-06-10 City Council (26)City of Palo Alto
City Manager’s Summary Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:JUNE 10, 1996 CMR:276:96
SUBJECT:REQUEST FOR PROPOSALS FOR AN OPTION TO
PURCHASE THE TOWER WELL SITE AT 201 ALMA STREET
REQUEST:
This report transmits the Request for Proposals (RFP) for an option to purchase the Tower
Well site, located at the comer of Alma Street and Hawthorne Avenue in Palo Alto, for
Council approval prior to solicitation.
RECOMMENDATIONS:
Staff recommends that Council approve the attached RFP package and direct staffto solicit
proposals for an option to purchase the Tower Well site.
POLICY IMPLICATIONS:
The guidelines and criteria in the attached RFP are similar to those included in the previous
Request for Conceptual Proposals (RFCP), except for the three new criteria approved by
Council on February 5, 1996: 1) the preservation of the tower; 2) the potential for public
benefit to be provided through use of the proceeds from the sale of the site, as well as
through direct use; and 3) single family use as an appropriate use of the site. It should be
noted that the motion approved by Council on February 5 was that the RFP should
"encourage" preservation of the tower. The attached RFP includes a facade easement,
which would require preservation of the tower (and the large eucalyptus tree on the site),
as improved and developed under the plans that will be approved by the City during the
option period. The facade easement has been included, based on Council’s discussion at the
February 5 meeting concerning the desirability of using a facade easement to protect the
Tower Well should it become privately owned.
CMR:276:96 Page 1 of 7
The current zoning of the Tower Well site is Public Facilities (PF), and the Comprehensive
Plan Land Use Designation is Regional Community Commercial. The attached RFP requires
the optionee to obtain a zone change for the property during the option period and
encourages proposals which comply with the Planned Community Zone District (PC)
regulations. The RFP is consistent with Comprehensive Plan Housing and Historic
Preservation policies and programs.
EXECUTIVE SUMMARY:
The intent of the attached RFP is to sell the Tower Well site for development and use which
preserves the tower, is compatible with the neighborhood and which provides public benefit
through either direct use or from proceeds from the sale of the site, or a combination of both.
The RFP includes an option to purchase which would allow the optionee up to two years to
obtain a zone change, approval of its development plans, and any necessary permit and
environmental clearances, and to provide evidence that sufficient finances are available to
complete the proposed improvements. The deed attached to the option includes a facade
easement, which would protect the exterior of the tower and the mature eucalyptus tree on
the site. Upon approval of the RFP by Council, staffwill advertise the offering and proposals
will be accepted until September 9, 1996. Proposals will be reviewed by an evaluation
committee which will make a recommendation for a successful proposer to the City Council.
FISCAL IMPACT:
There is no minimum purchase price set for the option to purchase; however, the proposals
are expected to provide public benefit through either direct use or purchase proceeds which
the City could dedicate to filling an identified public need.
ENVIRONMENTAL IMPACT ASSESSMENT:
An RFP is not a project under the requirements of the California Environmental Quality Act
(CEQA). An environmental impact assessment, as may be required by CEQA, will be
prepared during the option period, in conjunction with the optionee’s application and
approval of the proposed use and development plans.
ATTACHMENT S/EXHIBIT S:
Attachment A (Summary of RFP)
Request for Proposals, including:
Information Flyer
Proposal Package
CMR:276:96 Page 2 of 7
PREPARED BY: Janet Freeland, Senior Financial Analyst
DEPARTMENT HEAD APPROV~~~, ~/(~ ~...,t ~
E y arri n
Deputy City M ~anager,
Administrative Services
CITY MANAGER APPROVAL:
Cit! l¢lanager
CC:Tower Well Site Subcommittee Mailing List
Tom Taylor
Encino Design
Wayne Swan
Palo Alto Housing Corporation
Palo Alto Community Child Care
Carrasco & Associates
Historic Resources Board
Related CMR’s: CMR:324:93, CMR:167:92, CMR:290:91, CMR:289:91, CMR:545:0,
CMR:374:0, CMR:351:0, CMR:497:9, CMR:267:8, CMR: 162:94,CMR: 133:96.
CMR:276:96 Page 3 of 7
City of Palo Alto
City Manager’s Report
SUBJECT:REQUEST FOR PROPOSALS FOR AN OPTION TO PURCHASE THE
TOWER WELL SITE, 201 ALMA STREET
RECOMMENDATIONS:
Staffrecommends that Council approve the attached RFP package and direct staffto solicit
proposals for an option to purchase the Tower Well site.
BACKGROUND:
In 1988, Council approved a staff recommendation to abandon and dispose of four of the
City’s ten wells, including the Tower Well, an 8,437 square foot site located at the corner of
Alma Street and Hawthorne Avenue. On March 9, 1992, the City Council approved a
Request for Conceptual Proposals (RFCP) for reuse and disposition of the Tower Well site
and directed staff to solicit conceptual proposals. On December 15, 1992, three proposals
were received. On August 18, 1993, the Historic Resources Board (HRB) passed a motion
requesting that the City Council designate the Tower Well site a Category 2 building on the
City’s Historic Structure Inventory, because of its historical significance. On February 28,
1993, the Council determined not to designate the Tower Well site as a Category 2 building
on the Palo Alto Historic Building Inventory and rejected the conceptual proposals. Council
directed that the property be land banked and a beneficial use considered in the future, and
that if there were a good idea in the community for use of the property, the City should let
it emerge. On February 5, 1996, Council reviewed three unsolicited proposals for use of the
Tower Well site, which staff felt should be brought before the Council for consideration, and
directed staffto prepare a Request for Proposal (RFP) for an option to purchase the site for
use and development, including the following criteria: 1) encourage preservation of the
tower; 2) recognize that public benefit may be provided through direct use of the site and/or
through dedication of the proceeds from the sale of the site to an identified public need; and
3) recognize single-family use as an appropriate use of the site.
POLICY IMPLICATIONS:
The guidelines and criteria in the attached RFP are similar to those included in the previous
RFCP, except for the three new criteria approved by Council on February 5, 1996: 1) the
preservation of the tower; 2) public benefit provided through use of the proceeds from the
sale of the site, as well as through direct use; and 3) single family use as an appropriate use
CMR:276:96 Page 4 of 7
of the site. It should be noted that the wording of the motion approved by Council on
February 5 was that the RFP.should "encourage" preservation of the tower. The attached
RFP includes a facade easement, which would require preservation of the tower (and the
large eucalyptus tree on the site). The facade easement has been included, based on
Council’s discussion at the February 5 meeting concerning the desirability of using a facade
easement to protect the Tower Well should it become privately owned.
The current zoning of the Tower Well site is PF (Public Facilities), and the Comprehensive
Plan Land Use Designation is Regional Community Commercial. The attached RFP requires
the optionee to obtain a zone change for the property during the option period, and it
encourages proposals which comply with the PC regulations. The RFP is consistent with
Comprehensive Plan Housing and Historic Preservation policies and programs.
DISCUSSION:
The attached RFP consists of an Information Flyer (summarizing the offering) and Proposal
Package (including Proposal Forms, Proposal Questionnaire, and Option to Purchase). The
general intent of the RFP is to sell the property in an "as is" condition. The RFP is
summarized in Attachment A. Major provisions and requirements of the RFP and Option
to Purchase are as follows:
Use and development which preserve the tower;
Use which provides public benefit through:
a)
b)
Provision of an identified public need, e.g., child care, or housing; and!or
Purchase proceeds which the City could dedicate to filling an identified public
need. -
Use with low traffic and parking impacts on adjacent residential neighborhoods;
Use and design compatibility with the adjacent neighborhood;
Compliance with the PC Zone District regulations.
Office uses are discouraged.
CMR:276:96 Page 5 of 7
Reauired Information and Evaluation of Proposals
Proposers will be required to provide a written description of the proposed project (including
how it meets the RFP guidelines and criteria); complete and sign the Proposal Forms,
Proposer;s Questionnaire, and Environmental Impact Assessment work sheet; sign the
Option; and provide a $1,000 proposal deposit and preliminary site plans. Proposals will
be evaluated using the following criteria:
1. The extent to which the proposed use satisfies a public need;
2.The extent to which the proposed use and development preserves the tower;
o Consistency of the proposed use-with existing City goals and objectives (set
forth in the Comprehensive Plan, Zoning Ordinance, Municipal Code);
The impact of the proposed use (compatible uses, traffic impacts, noise impact,
energy conservation, etc.) upon the immediate neighborhood, the community
generally, and the environment;
o
o
The history and assessment of the proposer’s ability to carry out the
construction and operation of the facility and services as proposed; and
The monetary consideration to be provided to the City.
Option to Purchase
Once a successful proposer has been selected by the City Council, and the Option to
Purchase has been executed, the optionee has up to two years to meet the conditions
necessary to exercise the option. During the two year option period, the optionee must pay
the purchase price of the option ($5,000.00); obtain approval of development plans from the
City’s Historic Resources Board, Architectural Review Board, Planning Commission and
City Council; obtain a zone change of the property from PF to PC; obtain any necessary
pen~ts and environmental clearances; provide evidence that sufficient finances are available
to complete the proposed improvements; and obtain completion/performance bonds
sufficient to ensure funds to complete the approved plans.
Deed and Facade Easement
Once the optionee has satisfied all the option conditions, escrow will be opened, the purchase
price paid and the title to the property transferred. The deed includes the reservation of a
facade easement, with restrictions and conditions to protect the exterior appearance of the
structure (as depicted in the approved development plans) and the mature eucalyptus tree on
CMR:276:96 Page 6 of 7
the site. The future owner may make no changes to the exterior of the structure or make any
changes which would affect the appearance, health or public view of the tree without prior
written approval of the City. The owner must maintain the property in a good state of repair
and maintain fire and extended insurance coverage as required by the City Risk Manager.
Proposed Schedule for Solicitation
Upon approval of the RFP by Council, staff will send the Information Flyer to interested
groups and individuals and advertise in local newspapers. Proposals will be accepted until
September 9, 1996, when sealed proposals will be opened at 3:00 p.m. Proposals will then
be reviewed by an evaluation committee made up of representatives of City staff and the
Historic Resources Board, using the criteria outlined in the RFP. The proposals and
recommendations for a successful proposer will then be forwarded to the City Council.
ALTERNATIVES:
Since the RFP is consistent with Council’s direction to staff given on February 5, 1996, no
alternatives to approval of an RFP are addressed in this report.
FISCAL IMPACT:
There is no minimum purchase price set for the option to purchase; however, the proposals
are expected to provide public benefit through either direct use or purchase proceeds which
the City could dedicate to filling an identified public need.
ENVIRONMENTAL ASSESSMENT:
An RFP is not a project under the requirements of the California Environmental Quality Act
(CEQA). An environmental impact assessment, as may be required by CEQA, will be
prepared during the option period, in conjunction with the optionee’s application and
approval of the proposed use and development plans.
STEPS FOLLOWING APPROVAL:
Staffwill advertise the RFP. Proposals received by the September 9, 1996 due date will be
reviewed by a proposal evaluation committee, which will make recommendations regarding
the proposals to the City Council.
CMR:276:96 Page 7 of 7
ATTACHMENT A
SUMMARY - TOWER WELL SITE RFP
The Request for Proposals (RFP) consists of 1) the Information Flyer and II) the Proposal
Package.
I.The Information Flyer summarizes the offering and will be sent to interested persons or
organizations. The Information Flyer includes the following information:
A.A general description of the property for sale, including a location and site map.
B.The place and date proposals are due (September 9, 1996).
C.Statement of intent of the RFP and guidelines and criteria for use.
D.Proposal requirements and evaluation criteria.
E.Summary of the terms of the option agreement.
F.Instructions for obtaining the proposal package.
II.Proposal Package
The Proposal Package summarizes the proposal requirements and procedures and lists the
¯ evaluation criteria. It includes the Proposal Forms, Proposal Questionnaire, the Option
Agreement and the form of the Deed, including a facade easement.
A.Option Agreement - the term of the Option is 2 years, and it may not be exercised
until the Optionee has fulfilled the following conditions:
1.Paid the purchase price of the option ($5,000.00).
2.Submitted schematic plans of all proposed improvements within 2 months
of the commencement of the option.
3.Obtained approval of its development plans from the City’s Historic
Resources Board, Architectural Review Board, Planning Commission and
City Council.
4.Obtained approval from City for a change in land use zoning from PF
(Public Facilities) to PC (Planned Community) and appropriate change in
the Comprehensive Plan designation and any other land use permit
required.
No
o Obtained approvals of the City Engineer and the Chief Building Official of
the construction drawings, including a construction schedule.
Obtained any necessary permits and environmental clearances for the
proposed development.
°
°
Satisfied the Real Property Manager that sufficient funds are available to
implement the plans approved by the City.
Obtained completion/performance bonds sufficient to ensure funds to
complete the approved plans.
Deed and Reservation of Facade Easement
Once the optionee has satisfied all the option conditions referred to above, escrow
will be opened, the purchase price paid and the title to the property transferred.
The deed includes the reservation of a facade easement with the following
restrictions and conditions:
Grantee (owner) shall
Make no changes materially affecting the exterior appearance of the
structure (as depicted in the approved development plans) without prior
written approval of the City.
°Make no changes, pnming, etc. which would materially affect the
appearance health or public view of the eucalyptus tree without prior
written approval of City.
o Maintain property in a good state of repair and take all reasonable action
to minimize deterioration of the exterior appearance subsequent to
rehabilitation.
o
°
Maintain fire and extended insurance coverage as required by the City
Risk Manager.
In the event of damage to property, notify City, pursue in a timely manner
all available claims and remedies against any insurance policy covering,
and against any person or entity responsible for the damage, and use any
money derived from any such claim to restore the damaged part of the
property adversely affecting City’s interest as soon as possible to its pre-
existing condition, subject to the prior written approval of City.
Construct no structures or add planting which obstructs the view of the
building without prior written approval of City.
City shall
Have the fight to enter upon the property, after prior notice to Grantee, at
all reasonable times in order to inspect the property or exercise any or all
of its fights.
Have the right, but not the obligation to make improvements or repairs to
the building to preserve and enhance the property’s historical authenticity
Information Flyer Tower Well Site
AME~CANS WITH DISABILITIES ACT (ADA) STATEMENT
In compliance with the Americans with Disabilities Act (ADA) of 1990, this document may be
provided in other accessible formats. For information, contact:
Fred Herman, ADA Director
City of Palo Alto
250 Hamilton Avenue
(415) 329-2550 (voice) or
(415) 328-1199 (TDD)
For information concerning the Request for Proposals for the sale of the Tower Well site, contact:
Janet Freeland, Senior Financial Analyst
City of Palo Alto, P~O. Box 10250
Palo Alto, CA 94303
(415) 329-2662
INFORMATION FLYER
SALE OF SURPLUS PROPERTY
WHAT IS THE NATURE
OF THE PROPERTY?
WHERE IS IT?
WHAT IS THE ZONING?
WHEN ARE PROPOSALS
DUE?
IS THERE A MINIMUM BID?
HOW DO i GET A PROPOSAL
PACKAGE?
The subject City-owned property is a parcel formerly
used as a municipal well. The well has been sealed; well
facilities, including a 70-foot reinforced concrete tower,
remain on the site. Preservation of the tower is required.
On the northeast comer of Alma and Hawthome Street in Palo
Alto. See attached maps.
The property is currently zoned PF (Public Facility).
Adjacent properties are zoned CD-N (Commercial
Development Downtown) and RM-310 (Multiple Family
Residential.)
Proposals are due on or before 3:00 p.m. Tuesday,
September 9, 1996 and should be submitted to:
Manager, Purchasing/Contract Administration
City of Palo Alto, First Floor
P.O. Box 10250
Palo Alto, CA 94303
Because the City will consider proposals which provide
public benefit (non-monetary consideration) as well as
monetary consideration, there is no minimum bid. However,
each proposal will require a $1,000 proposal deposit in the
form of a Cashier’s or a Certified Check made out to the City
of Palo Alto.
If, after reading this flyer, you would
like to obtain the proposal package, please contact:
Janet Freeland
City of Palo Alto/Real Estate Division
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
(415) 329-2662
C:a:rfcp 1
I.GENERAL DESCRIP~ON OF PROPERTY AND SURROUNDINGS
The property for sale is an 8,437 square foot lot (75’ x 112.5’) formerly used as a municipal
water well. The well has been sealed; well facilities and equipment remain on the site and
include a 79-foot high reinforced concrete tower, 30-feet in diameter, and a small adjoining
building of 210 square feet at ground level. The site is adjacent to commercial uses on the
north and east, and multiple family residential uses on the west. To the south across Alma
Street is the Caltrain station.
It should be noted that the property is offered for sale "as is," and the City makes no
representation regarding the fitness or condition of the well, well seal, or tower structure for
development. It is incumbent on proposers to investigate the condition of the well, well seal
and any regulatory requirements associated with development on the site.
II.REQUEST FOR PROPOSALS FOR SALE OF THE TOWER WELL SITE
A.GENERAL STATEMENT OF INTENT OF REQUEST FOR PROPOSALS
Since 1988, when the City Council approved the abandonment and disposition of the
Tower Well site, interest in the use of the property has arisen from a number of
different sources in the community. Several groups and individuals have expressed
interest in the site for uses such as low and moderate income housing, a day care
center, residential development, a single room occupancy hotel, a combination of
office and residential, and single family residential use. There is also significant
interest in the community in preserving the tower, due to its historic significance, and
the Palo Alto Historic Resources Board has recommended the site be designated on
the Palo Alto Historic Building Inventory. It is the City’s intent to sell the property
for development and use which preserves the tower, is compatible with the
neighborhood and which provides public benefit through either direct use or through
use of the proceeds from the sale of the site or a combination of both. The City is
offering an option to purchase the site. The option is for a term up to two years,
during.which time the optionee must fulfill certain conditions or terminate the option.
Major conditions include paying the purchase price of the option; obtaining a zone
change for the property; obtaining approval of development plans; obtaining required
permits for the proposed use and development; and providing evidence of optionee’s
ability to finance the cost of development and complete the proposed construction.
(Note: The City will not finance development of the site.) The option may not be
exercised until the option conditions have been met. The deed for the property will
include the reservation of a facade easement to protect the water tower and the
mature eucalyptus tree on the site from future alteration or destruction.
C:a:rfcp 2
B.GUIDELINES AND CRITERIA FOR PROPOSALS
Co
C:a:rfcp
The City desires proposals with the following characteristics:
o
Use and development which preserves the tower.
Uses which provide public benefit through:
a.Use of the site to provide for an identified public need, e.g., child
care, single room occupancy housing, low-income family housing
and family prqiects such as single-parent transitional housing; and/or
b.Purchase proceeds which the City could dedicate to filling an
identified public need.
Uses with low traffic and parking impacts on adjacent residential
neighborhoods;
Use and design compatibility with the adjacent neighborhood;
Compliance with the PC (Planned Community) Zone district regulations.
Office uses are discouraged.
REQUIREMENTS OF PURCHASE PROPOSALS
Submitted proposals must include the following specific items:
1.A written description of the proposed project which includes the following
information:
.a.How the project will satisfy a public benefit or need;
b.How the tower will be preserved.
c.How the project will be compatible with the adjacent residential
neighborhood and the process for involving the neighborhoods in the
development of the project plans;
d.The number and types of residential units, if any;
e.A general financing proposal for the project, and proposed timing for
project implementation.
3
III.
2.Completed and signed Proposal Forms, including the proposed purchase
price, Proposer’s Questionnaire and Option Agreement.
3.An Environmental Assessment work sheet.
4.Preliminary site plans showing ingress and egress, parking, elevations, and
floor plans which label proposed uses.
5.A $1,000 deposit in the form. of a Cashier’s or a Certified Check made out to
the City of Palo Alto.
D.EVALUATION OF PROPOSALS
Proposals will be evaluated using the following criteria:
1.The extent to which the proposed use satisfies a public need;
2.The extent to which the proposed use and development preserves the tower;
3.Consistency of the proposed use with existing City goals and objectives (set
forth in the Comprehensive Plan, Zoning Ordinance, and Municipal Code);
4.The impact of the proposed use (compatible uses, traffic impacts, noise
impacts, energy conservation, etc.) upon:
1.The immediate neighborhood,
2.The community generally,
3.The environment;
5..The history and assessment of the proposer’s ability to carry out the
construction and operation of the facility and services as proposed; and
6.The monetary consideration to be provided to the City.
SUMMARY OF OPTION AGREEMENT
The successful proposer will be awarded a 24-month option in the form of the Option
Agreement attached to the proposal package.
following:
A. The term of the option is 24 months.
The Option Agreement provides for the
C:a:rfcp 4
The option can be exercised anytime after the Optionee has met the following
conditions:
1.Paid the purchase price of the option ($5,000.00).*
Obtained a zone change of the property from PF(Public Facility) to PC
(Planned Community).
o Obtained approval of development plans from City’s Historic Resources
Board (compliance with Historic Preservation Ordinance); Architectural
Review Board (ARB approval); Planning Commission (approval of PC
zoning, development plan, & environmental impact assessment); and City
Council (approval of PC zoning, development plan, & environmental impact
assessment).
4.Obtained any and all permits required for the proposed use and development.
Satisfied City of its ability to finance the costs of development and complete
the proposed construction.
IV.DEED RESTRICTIONS
The deed for the property will include the reservation of a facade easement to protect the
exterior features of the site from alteration or demolition.
*In the event the optionee does not exercise the option in accordance with the terms of the option,
the City will retain the option purchase price as consideration for granting the option.
C:a:rfcp 5
LOCATi ON [CAP
Tower Well site
~..OS
Proposal Package Tower Well Site
AMERICANS WITH DISABILITIES ACT (ADA) STATEMENT
In compliance with the Americans with Disabilities Act (ADA) of 1990, this document may be
provided in other accessible formats. For information, contact:
Fred Herman, ADA Director
City of Palo Alto
250 Hamilton Avenue
(415) 329-2550 (voice) or
(415) 328-1199 (TDD)
For information concerning the Request for Proposals for the sale of the Tower Well site, contact:
Janet Freeland, Senior Financial Analyst
City of Palo Alto, P~O. Box 10250
Palo Alto, CA 94303
(415) 329-2662
B.EVALUATION OF PROPOSALS
Proposal documents will first be reviewed and evaluated by a committee made up of
representatives of City staff and a member of the Historic Resources Board. This
evaluation committee will make recommendations regarding the proposals to the
City Council. The review process may also require the proposer to make a verbal
presentation. Proposals will be evaluated using the following criteria:
1.The extent to which the proposed use satisfies a public need;
2.The extent to which the proposed use and development preserves the tower.
Consistency of the proposed use with existing City goals and objectives (set
forth in the Comprehensive Plan, Zoning Ordinance, Municipal Code);
The impact of the proposed use (compatible uses, traffic & safety impacts,
noise & visual impacts, energy conservation, historical resources, seismic
safety, etc.) upon:
a.The immediate neighborhood,
b.The community generally,
c.The environment;
o The history and assessment of the proposer’s ability to carry out the
construction and operation of the facility and services as proposed; and
6.The monetary consideration to be provided to the City.
The City Council will make the final selection of the successful proposer. The City
Council reserves the right to reject any and all proposals or to accept that proposal
which, in its opinion, will best serve the public interest.
C:ab:tower
PROJECT: TOWER WELL SITE
PROPOSAL PACKJ~GE
(With Option Agreement)
THIS IS A PROPOSAL FOR AN OPTION TO ACQUIRE THE TOWER WELL SITE.
PROPOSER
Name:
(Please print)
Address:
Phone No. Home ( )Work ( )
The undersigned ,("PROPOSER") hereby submits a proposal to the City of Palo
Alto, ("CITY") for an option to acquire the Tower Well site, more fully
described in the Option Agreement (AI-TACHMENT C), in accordance with the
terms, covenants, and conditions contained in this PROPOSAL and in the Option
Agreement.
A.PROPOSER HEREBY PROPOSES THE FOLLOWING:
1.Monetary Bid Items:
a)PROPOSER agrees to pay to CITY as the purchase price of the
Option Agreement set forth in Subparagraph 11.B (Purchase
Price of Option) of the attached Option Agreement the sum
of Five Thousand Dollars ($5,000.00). The amount bid for
the purchase of the Tower Well site is:
(Amount in Words)
(Amount in Numbers)
3,5RELEA.SES. 1/PROPTOWE - 1 -
2. Non-Monetary Bid Items:
Bo CONDITIONS OF AGREEMENTS
PROPOSER has carefully read and fully understands this PROPOSAL
document and the Option Agreement attached to this PROPOSAL.
The Option Agreement is an integral part of this PROPOSAL and must
be attached to this PROPOSAL.
PROPOSER warrants that it has the capability to successfully
undertake and complete the responsibilities and obligations of
OPTIONEE contained in the Option Agreement.
A PROPOSER’s Deposit in the sum of One Thousand Dollars
($1,000.00), in the form of a Cashier’s or Certified Check made
payable to the City of Palo Alto, must be submitted with this
PROPOSAL and is attached hereto.
The PROPOSER’s Deposit will be held by CITY as a guarantee
securing the obligations PROPOSER agrees to assume in this
PROPOSAL. In. the event this PROPOSAL is accepted by CITY and
PROPOSER fails to meet the terms hereof, PROPOSER agrees that said
sum represents a fair and reasonable estimate of CITY’s cost in
prepa~Jng and soliciting this offering, and PROPOSER further
agrees that said sum shall be retained by CITY as compensation for
these costs. Upon execution of the Option Agreement, said sum
shall, at PROPOSER’S option, be returned to PROPOSER or shall be
credited toward the purchase price of the option.
This PROPOSAL may be withdrawn at any time prior to the time set
for opening the proposals for the Option Agreement but may not be
withdrawn after the time set for such opening.
o Within ten (10) days after notification of the acceptance of this
PROPOSAL by CITY, PROPOSER will execute copies of the Option
3.5RELEASES. 1/PROPTC~WE - 2 -
Agreement in duplicate and deliver to CITY the executed copies of
the agreement and the purchase price of the Option as set forth in
the Option Agreement.
PROPOSER has fully completed the Proposer’s Questionnaire
(Attachment B), and the completed questionnaire is attached to
this PROPOSAL together with any appropriate or requested
supplemental material.
All the information contained in or supplementing said
questionnaire is true and correct to the best of PROPOSER’s
knowledge.
10.CITY reserves the right to reject any or all PROPOSALS and to
accept that PROPOSAL which will, in its opinion, best serve the
public interest.
11.By submission of this proposal, PROPOSER acknowledges and agrees
that the CITY has the right to make any inquiry or investigation
it deems appropriate to substantiate or supplement information
contained in this questionnaire, and authorizes the release to
CITY of any and all information sought in such inquiry or investi-
gation.
12.ATTACHMENT A (Proposed Use of Property), ATTACHMENT B (Proposer’s
Questionnaire). AI-FACHMENT C (Option Agreement) and ATTACHMENT D
(Environmental Impact Assessment Worksheet) are attached to and by
this reference made a part of this PROPOSAL.
13.PROPOSER acknowledges and agrees that the CITY has made no written
or oral representations regarding the fitness of the existing
well. well seal or tower structure for development of any kind.
PROPOSER accepts the sole obligation to investigate the well seal
and determine independently, its fitness for development.
PROPOSER
(Please sign)
(Corporate seal)
Date
3.5RELEASES. 1/PROPTOWE 3
PROPOSED USE AND DISPOSITION OF PROPERTY
Provide a written description of the project you propose. This description can be of any length and
must be included as Attachment A to the proposal. The description must include the following
information:
1.How the project will satisfy a public benefit or need.
2.How the tower will be preserved.
How the project will be compatible with the adjacent residential neighborhood and the
process for involving the neighborhood in the development of the project plans.
4.The number and type of residential units, if any.
5.A general financing proposal for the project and proposed timing for project implementation.
C : ab : tower ATTACI~M~NT A
PROPOSER’S OUESTIONNAIRE
All information requested in this questionnaire MUST be furnished by the
PROPOSER, and MUST be submitted with the PROPOSAL. Statements must be complete
and accurate. Omission, inaccuracy, or misstatement MAY be cause for rejection
of this PROPOSAL.
How did you learn of this PROPOSAL offering?
(
(
(
)1.
)2.
)3.
Received City direct mail flyer
Word of mouth
Read about offering in following newspaper, magazine or newsletter:
I. PROPOSER
Name of PROPOSER exactly as it appears on the PROPOSAL and as it will appear on
any proposed agreement with the City:
Address of PROPOSER for purposes of notices or other communication relating to
the PROPOSAL:
Telephone Number of PROPOSER:
PROPOSER intends to operate as a Sole Proprietorship ( ); Partnership ( );
Corporation ( ): Joint Venture ( ); or
3.5RELEASES. i/TOWERB AI-FACHMENT B
1
II. SOLE PROPRIETORSHIP STATEMENT
If a Sole. Proprietorship, furnish the following:
1. Name in full:
2. Address:
3. Birth date:P1 ace of Bi rth:
4. California Driver’s Lic. No.
Is proprietor doing business under a fictitious business name? If so, furnish
evidence that proprietor is authorized to do business under such fictitious
business name (e.g.) notice published in newspaper of general circulation; no.
of filing with a County Clerk).
III. PARTNERSHIP STATEMENT
If a Partnership, furnish the following:
1.Date of Organization?
2.General Partnership ( )
Limited Partnership ( )
3. Statement of Partnership recorded? Yes ( ) No ( )
3.5RELF_/kSES. 1/TOWERB
Date Book Page County
Has the partnership done business in Santa Clara County?
Yes ( )No ( )When?
ATTACHMENT B
2
Name, address, and partnership share of each partner.
Name Address
o Furnish the birth date, place of birth, and California Driver’s License
number of each person shown above.
IV.CORPORATION STATEMENT
If a Corporation, furnish the following:
1.When incorporated?
2.Where incorporated?
3.Agent for service:
4.Is the corporation authorized to do business in California?
o
Yes ( ) No ( )
The corporation is held:
If so, as of what date:
Publicly ( ) Privately ( )
If publicly held, how and where is the stock traded?
3.5RELEASES . I/TOWERB ATTACHMENT B
3
7. Li st the fol 1 owing:
a.Number of voting shares:
b.Number of non-voting shares:
c.Number of shareholders:,
d.Value per share of common stock:
Par $
Book $
Market $
Authori ~d Issued OutstandinQ
10.
Furnish the name, title, address, and the. number of voting and non-voting
shares of stock held by each officer, director, and principal shareholder.
Furnish the birth date, place of birth, and California Driver’s License
number .of each person shown under Item 7 above.
Attach a copy of Certificate of Good Standing obtainable from California
Secretary of State.
V. NON-PROFIT CORPORATION STATEMENT
If a non-profit corporation, furnish one copy of the following:
a o Articles of incorporation
Bylaw~
A letter from the Internal Revenue Service stating that the
organization is tax exempt under Section 501(c)(3) or 101(b) of the
IRS Code. A tax-exempt status under Section 170(b) or 509(a) is
also acceptable. The IRS letter must contain the proper name and
address of the organization, or a copy of the change notice which
has been forwarded to them.
A letter from the State of California stating that the organization
is tax exempt.
3.5RELEASES , I/TOWERB AI-FACHMENT B
4
2. State the mission of the organization:
Please attach an organization chart showing Board of Directors, members,
if any, management and staffing levels.
Please include a membership list of your Board of Directors, their city of
residence, occupations, and dates of service on the Board.
How often does your Board meet?
What was the average attendance of Board members at Board meetings last
year?
Vl.JOINT VENTURE STATEMENT
If a Joint Venture, answer the following
Date of Organization
Joint Venture Agreement recorded? Yes ( ) No ( )
Has the Joint Venture done business in.Santa Clara County?
Yes ( ) No ( ) When?
Name and address of each Joint Venturer:
Nam~Address
3.5RELEASES. 1/TOWERB ATTACHMENT B
5
Furnish the birth date, place of birth, and California Driver’s License
number of each person or principals or officers of any entity shown under
Item 4 above:
6. Attach a complete copy of the Joint Venture Agreement and any amendments.
VII FINANCIAL DATA
FINANCIAL STATEMENT
Attach complete audited financial statements, prepared in accordance with
generally accepted accounting principles, reflecting your current
financial condition and that of the previous five years. The report must
include a balance sheet and income statement and must be audited by a
licensed auditor. You must be prepared to substantiate all information
shown.
Bo SURETY INFORMATION
Have you ever applied for and obtained a bond? If so, provide details of
most recent bond.
Have you ever had a bond or surety denied, canceled or forfeited?
Yes ( ) No ( )
If yes, attach a statement naming the bonding company, date, amount of
bond, and reason for such cancellation or forfeiture.
3.5RELESLSES . I/TOWERB AI-FACHMENT B
6
C.BANKRUPTCY INFORMATION
Have you ever filed bankruptcy or been declared bankrupt?
Yes ( ) No ( )
If yes, give details, state date(s), court jurisdiction(s), case docket
number(s), amount of liabilities, and amount of assets.
Do PROPOSED METHOD OF FINANCING REPAIRS/IMPROVEMENTS/USE/OPERATION
The development and operation to which this proposal relates shall be
financed in the following manner:
FELONY INFORMATION
Have you or any principals or officers of the partnership or officers or
directors o! the corporation, as applicable, ever been convicted of a
felony?
Yes ( ) No ( )
If yes, please state date(s), court location(s) and details of conviction.
3.5RELEY~SES. IlTOWERB ATTACHMENT B
7
VII~, EXPERIENCE STATEMENT
Describe in detail the duration and extent of your experience with special
emphasis upon experience directly related to development and/or management of the
type of operation proposed for this project. Also describe, in detail, the
pertinent experience of the persons who will be directly involved in the
development and/or management of the operation proposed for this project.
Please include any experience in construction and/or with the preservation and
rehabilitation of historic structures.
3,5RELEASES. i/TOWERB ATTACHMENT B
8
IX. REFERENCES
List at least four persons or firms with whom you have conducted business
transactions during the past three years. At least two references named should
have knowledge of your ability to finance the proposed project and your debt
payment history. At least two references should have knowledge of your abilities
to operate the proposed facility.
REFERENCE NO.1
Name:
Firm:
Title:
Address:
Zip.
Telephone:
Nature and magnitude of purchase, sale, loan, business association, etc.-
REFERENCE NO. 2
Name:
Firm:
Title:
Address:
Zip
Telephone
Nature and magnitude of purchase, sale, loan, business association, etc.
3.5RELEASES. IlTOWERB ATTACHMENT B
9
IX. REF{RENCES
List at least four persons or firms with whom you have conducted business
transactions during the past three years. At least two references named should
have knowledge of your ability to finance the proposed project and your debt
payment history. At least two references should have knowledge of your abilities
to operate the proposed facility.
REFERENCE NO, ~
Name:
Firm:
Title:
Address:
Zip
Tel ephone:
Nature and magnitude of purchase, sale, loan, business association, etc.:
REFERENCE NO. 4
Name:
Firm:
Title:
Address:
Zip
Telephone:
Nature and magnitude of purchase, sale, loan, business association, etc.:
3.5RELE/kSES. 1/TOWERB ATTACHMENT B
10
X. METHOD OF OPERATION
Describe your specific plan for development and/or operation of the proposed
facility.
3.5RELEASES . I/TOWERB ATTACHMENT B
11
XI.
ESTIMATED CONSTRUCTION COSTS -
1.
FINANCIAL INFORMATION
Land Related Direct Construction Costs:
a.Land Preparation; including
off-sites, grading, etc.
b. Landscaping
Building Related Direct Construction
Costs:
Sub-Total
a o Shel I Construction
Interi or Fi ni shes
Fixtures & Other Improvements
Indi rect Costs:
Sub-Total
a o Architect & Engineering
Legal, Appraisal & Accounting:
Construction Loan Costs*:
i.points
ii.interest
d. Other
Sub-Total
Total Estimated Construction Costs
*Assumes construction loan of $ with interest estimated @ %
for months construction period. Source of construction loan payments
will be:
3.5RELE/kSES . 1/TOWERB ATTACHMENT B
12
XII. OTHER INFORMATION
Please provide any other information which you feel will be helpful in evaluating
your abilityto successfully develop the proposed facility in compliance with the
City’s Request for Proposals.
3.5RELEASES. 1/TOWERB ATTACHMENT B
13
Xlll. PROPOSED GHANGES TO DOCUMENT*
If you believe changes to the forms of the document(s) (Option Agreement.and/or
Deed) are necessary for you to successfully develop the proposed facility please
identify the clauses requiring changes below and specifically indicate the nature
of the required change on the document or on another sheet of paper. IMPORTANT
-any proposed changes should relate to the particular proposed use. Remember
that CITY may reject any or all proposals, and required revisions to the
document(s) may be grounds for rejection. Notwithstanding the foregoing, the
form of the documents may also be subject to change by the City and further
negotiation, based on the City Council’s selection of the proposed use of the
property.
Clauses requiring
Changes:Required Changes (use additional sheets if necessary)
3.5RELEASES. 1/TOWERB ATTACHMENT B
14
Project: Tower Well Site
OPTION AGREEMENT
This Agreement is made this day of , 1996 by and
between the City of Palo Alto, a municipal corporation, ("CITY") and
, ("OPTIONEE").
RECITALS
CITY owns property located in the City of Palo Alto, Santa Clara County
commonly referred to as Tower Well site ("PROPERTY") more specifically
described and shown in the Deed attached hereto as Exhibit I, which
Exhibit is made a part hereof.
OPTIONEE de~ires to obtain an exclusive option to acquire the PROPERTY, in
accordance with the terms and conditions hereinafter provided.
CITY agrees to grant an exclusive option to OPTIONEE during which time
OPTIONEE shall develop specific plans, obtain financing, and satisfy other
conditions set forth prior to the acquisition and development of PROPERTY.
NOW THEREFORE, in consideration of the premises set forth above, the parties
hereto mutually agree as follows:
I.GRANT OF OPTION
CITY hereby grants to OPTIONEE an exclusive option to purchase the rights to
develop and operate PROPERTY upon the terms and subject to the covenants and
conditions set forth below and in the Deed attached to this Option Agreement as
Exhibit I.
II.TERMS OF OPTION
Ao Term. The term of this option shall be 24 months and shall commence upon
execution.of this agreement by CITY.
Pur#hase Price of Option. The purchase price of this option shall be
Five Thousand Dollars ($5,000.00) due and payable to CITY within ten (10)
days of the signing of this option by CITY. In the event that OPTIONEE
P: \ECHAN\OLTOWER.WPD
ATTACHMENT C
-1-
Co
Do
does not exercise this option in accordance with the terms hereof, all
option monies paid to CITY shall be retained by CITY in consideration for
granti ng thi s opti on.
Exercise of ODtion; Conditions. Optionee may exercise its option
to acquire the PROPERTY at any time within the term of the option;
provided, that OPTIONEE’S right to exercise the option shall be
conditioned upon fulfillment of all the conditions precedent to exercising
the option set forth in Exhibit II attached hereto and incorporated herein
by this reference. Optionee shall not be entitled to exercise the option
until all of the conditions ha#e been satisfied. Failure to satisfy any
of the conditions shall not extend the term of the option except as may be
provided below.
Notice of Exercise. OPTIONEE shall exercise option by giving written
notice to CITY of the exercise and of the satisfaction of all of the
conditions referred to above.
E°Purchase Price of ProDertv. The purchase price for the PROPERTY is:
($ )° This purchase price is in addition to the Option
Purchase Price and the Option Purchase Price shall not be applied to the
¯ purchase price for the PROPERTY.
Extension of ODtion. Upon written request of OPTIONEE stating the reasons
therefore, the City Manager, or designee, may, at his or her sole
discretion, extend the term of this option as follows:
City Manager or designee may grant an extension of the term of this
option for a reasonable period of time, as determined by the City
Manager or designee in the event OPTIONEE is delayed in fulfilling
the conditions precedent to the exercise of this option by reason of
any cause not the fault of, or within the control of, OPTIONEE or
its agents or employees; or
o City Manager or designee may grant an extension of the term of the
option for a period not to exceed ninety (90) days, in the event
OPTIONEE is delayed in fulfilling the conditions precedent to the
exercise of this option for any other reason. However, the City
Manager or designee may grant such extension only upon the following
conditions:
P : \ ECHAN\OLTOWER. WPD
ATTACHMENT C
-2-
Written request for such extension shall have been delivered
by OPTIONEE to CITY’S Real Property Manager at least fifteen
(15) days prior to the expiration of the option term;
Payment in an amount equal to one (1) percent of the agreed on
purchase price for the property shall be submitted to CITY
with the request for extension referred to above (in the event
an extension is denied, CITY shall refund said amount to
OPTIONEE.); and
Co OPTIONEE shall submit, together with its request for
extension, evidence of its progress toward fulfilling the
conditions precedent to the exercise of this option,
documentation of its proposed actions and feasibility of
satisfying said conditions within the term of the extension
requested and such other information and material as may be
required by the City Manager or designee.
Escrow. Upon exercise of the option by OPTIONEE as set forth above, CITY
shall open an escrow with:
North American Title Company
The opening date of escrow shall be the date upon which the escrow holder
named above [eceives written authorization from CITY’s Real Property
Manager to open escrow. Both parties shall execute and deliver into
escrow such escrow instructions and other documents as may be consistent
with and required to carry out the provisions of this agreement. However,
the escrow holder may consider the terms of the agreement as its escrow
instruction.
No Terms of Escrow. The escrow shall run for a period of thirty (30) days.
CITY shall deliver into escrow a Deed in the form of Exhibit I and such
other documents as are required to transfer title subject only to those
exceptions shown in Exhibit Ill attached hereto and incorporated herein by
this reference ("Title Report"), and any reservations, covenants and
conditions, if any, set forth in Exhibit I. Prior to the date set for
close of escrow, Optionee shall deposit into escrow the total amount of
the. purchase price as set forth in subparagraph II.E.(Purchase Price of
Option). The close of escrow may occur prior to the time period set forth
above if it is mutual?y desirable to CITY’s Real Property Manager and
OPTIONEE. However, the time period shall not be extended unless
P : \ ECHAN\OLTOWER, WPD
ATTACHMENT C
-3-
authorized in writing by CITY’S Real Property Manager.
Close of escrow shall be the date that the documents are filed for
recordation with the County Recorder.
The escrow holder shall not close escrow except at such time as escrow
holder is able to deliver to CITY the full purchase price for the PROPERTY
as set forth above.
Title. Title insurance shall be supplied by North American Title Company
at OPTIONEE’s’ expense. Title shall be vested as specified in
subparagraph II.K.(Vesting of Title) below and shall be subject to the
exceptions shown in Preliminary Report No.4103052, dated March 26, 1996,
attached hereto as Exhibit Ill and any reservations, conditions or
covenants, if any, set forth in Exhibit I.
If CITY is unable to deliver title as specified herein prior to the date
set for close of escrow OPTIONEE shall have the option to:
Accept title in the condition in which it exists. Acceptance of
such title by OPTIONEE shall constitute full satisfaction of the
terms of this agreement as they relate to title, and CITY shall in
no way be liable for its failure to deliver title as set forth
herein; or
o Terminate this agreement by delivering written notice thereof to
CITY and to the escrow holder. Thereupon, all moneys paid by
OPTIONEE shall be refunded to OPTIONEE, and CITY and OPTIONEE shall
be relieved of further obligations to one another. In the event of
termination as provided in this paragraph, all-escrow and title fees
incurred shall be paid by CITY, and OPTIONEE shall not be liable
therefore.
Neither subparagraph II.I.1. nor II.I.2. hereinabove shall apply if CITY
delivers better title than that set out in subparagraph II.H.
Costs. In addition to the amount specified in subparagraph II.E.
(Purchase Price of Option) above, OPTIONEE shall deposit into escrow a sum
sufficient to pay the total cost Of title insurance, escrow fees, Real
Property Transfer Tax, and all recording fees applicable to this
transaction.
P : \ECHAN\OLTOWER,WPD
ATTACHMENT C
-4-
Ves%inq Qf Title. Title to the real property conveyed pursuant to
this agreement shall be vested in OPTIONEE as set forth below. (Please
type or print clearly. An example of one of the several ways title may be
vested is: John and Jane Doe, Husband and Wife, as joint tenants.)
Ill.GENERAL CONDITIONS
Ao Form of Payments
Any payments to be made by OPTIONEE to CITY not through escrow shall be in
the form of a Cashier’s or Certified check made payable to the City of
Palo Alto.
B.Option Purchase Price
The Option Purchase Price referred to above is paid solely for the right
to purchase the Option. No portion thereof shall be refundable by reason
of OPTIONEE’s failure or inability to exercise the Option or by reason of
any failure of any conditions of the option.
C.Review by City
OPTIONEE hereby acknowledges that one of the purposes of this option is to
afford OPTIONEE and CITY the opportunity to determine whether or not
OPTIONEE is able to meet the various conditions and obtain the required
approvals as set forth in this option. Several of those conditions
involve obtaining review and approval from officers, employees or agents
of CITY. Each of those reviews shall be conducted in an independent
manner and nothing contained herein shall be deemed to limit the
jurisdiction.or authority otherwise possessed by said officers, employees
or agents in the conduct of such review. Nothing contained in this option
shall be deemed to imply that said approvals will be forthcoming, and the
failure to issue any such approval or permit by any officer, employee or
agent of CITY shall not be deemed in any manner a breach of this option,
nor shall any such denial give raise to any claim, liability, obligation,
or cause of action with respect to this option or the attached Lease.
CITY agrees to consent to any application by OPTIONEE with respect to any
permits or approvals related to activities or improvements approved by
CITY in accordance with the option which may be required by any
P : \ ECHAN \OLTOWER. WPD
ATTACHMENT C
-5-
Do
governmental or other regulatory agencies aside from CITY.
Assignment Prohi bi ted
This option has been awarded based on the background and proposa]s of
OPTIONEE; therefore, this Option cannot be sold, assigned or otherwise
transferred without the prior written consent of CITY. Failure to obtain
CITY’s required written consent shall render said sale, assignment, or
transfer void.
Termination of Option
Failure of OPTIONEE to meet the terms and conditions of this option
fully and satisfactorily withinthe time limits stated shall absolutely
and conclusively terminate OPTIONEE’S rights hereunder. Upon
termination hereof without exercise of the option by OPTIONEE, OPTIONEE
shall, within 5 business days of receipt of request from CITY’S Real
Property Manager, deliver to CITY a properly executed Quitclaim Deed
quitclaiming any and all interest in and to PROPERTY.
OPTIONEE’S Right to Enter
CITY hereby grants to OPTIONEE, its agents, employees, and assigns,
during the term of this option or any extension thereof, the right to
enter said property or any portion thereof at reasonable times for the
purposes of conducting, at OPTIONEE’s’ own cost and expense, such soil,
geologic, and engineering investigations as may be required by any
public agency required to approve any development of PROPERTY by
OPTIONEE. OPTIONEE hereby agrees to indemnify CITY and hold CITY,
CITY’s agents and employees, free and harmless from any loss or
liability incurred by-reason of such investigation. Should this option
be terminated, OPTIONEE agrees to repair any and all damages caused to
the PROPERTY by reason of any such investigation or investigations.
CITY, at the sole discretion of the City Manager or designee, may
require that OPTIONEE provide evidence of insurance coverage acceptable
to CITY and/or a security deposit prior to any soil, geologic or other
tests or investigations on PROPERTY by OPTIONEE, its agents, employees
¯ or assignees.
P: \ ECFU~N\OLTOWER .WPD
ATTACHMENT C
-~-
G. Notices
Any notice, tender, or delivery to be given in accordance with this
option by either party to the other shall be directed as follows:
TO: OPTIONEE
Name
Address
CITY
Real Property Manager
City of Palo Alto
P.O. Box 10250
Palo Alto, Ca 94303
FAX: (415) 323-1741
Tel ephone
Finder’s Fees
with a copy to:
City Clerk, City of Palo Alto
P.O. Box 10250
250 Hamilton Avenue
Palo Alto, Ca 94303
FAX: (415) 328-3631
Each party represents to the other that it has employed no real estate
broker or finder in connection with this agreement and hereby agrees to
hold the other harmless, and free from any liability in connection with
any commission or finder’s fee alleged to be incurred by it.
I.CITY’S Representations and Warranties
Excepting any matters shown in the Preliminary Report, no leases,
occupancies, tenancies, or licenses exist that affect the
Prope~.ty.
°To the best of CITY’s knowledge, there are not presently any
actions, suits, or proceedings pending or threatened against or
affecting the Property or CITY’s interest in the Property or its
use or that would affect CITY’s ability to perform under this
agreement.
The property shall be purchased by OPTIONEE "AS IS," and OPTIONEE
shall purchase the property solely upon the basis of OPTIONEE’S
own investigation and not in reliance upon any representations by
960501 apc 0051552
ATTACHMENT C
CITY or Cll~{’s agents that are not contained in the agreement.
Without modifying the generality of the foregoing, CITY specific
disclaims any knowledge of the condition of the well, well seal or
tower structure located on the property, and OPTIONEE shall
conduct such investigations of the well, well seal, and tower
structure as OPTIONEE deems necessary or advisable to ascertain
their condition.
Enti re Agreement
This instrument contains the entire agreement between the parties relating
to the option granted by this agreement. Any oral representations or
modifications concerning this instrument shall be of no force and effect
except in a subsequent modification which is made in writing, and signed
by both parties.
Recovery of Attorney’s Fees
In the event of any controversy, claim, or dispute between the parties
hereto, arising out of or relating to this agreement or the breach
thereof, the prevailing party shall be entitled to recover from the losing
party reasonable expenses, including attorney’s fees, and other legal
costs.
Binding on Successors
This agreement shall bind and inure to the benefit of the respective
heirs, personal representatives, successors, and assigns of the parties
hereto except as may be expressly provided elsewhere in this agreement.
960501 apc 0051552
ATTACHMENT C
IN WITNESS WHEREOF, the parties hereto have executed this Option Agreement on the
day and year first above written.
CITY:
CITY OF PALO ALTO
OPTIONEE:
By: By:
Mayor
AI-FEST:
City Clerk
APPROVED AS TO FORM:
Its:
By:
City Attorney
RECOMMENDED FOR APPROVAL:
Di rector, Planning and
Community Environment
Di rector, Admi ni strati ve Services
Its:
Manager, Real Property
960501 apc 0051552
ATTACHMENT C
EXHIBIT I
(to Option AgreemeF
Recorded at Request of:
and when recorded return to:
City of Palo Alto/Real Estate
250 Hamilton Avenue
PO Box 10250
Palo Alto, CA 94303
SPACE ABOVE THIS LINE FOR
RECORDER’S USE ONLY
A.P. No.: 120-25-060
Parcel No.:
Project: Tower Well Site,
Sale of Surplus Property
]G R A N T DEEDI
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, THE CITY OF PALO ALTO, a municipal corporation,
does hereby GRANT to:
the real property in the City of Palo Alto, County of Santa
Clara, State of California described as:
See Exhibit A attached hereto and
made a part hereof for legal description.
See Exhibit B attached hereto
and made a part hereof for reservation
of facade easement.
3.5REEZMT/GDTOWER
GRANTOR:
City of Palo Alto, a Municipal
Corporation
Dated By
City Manager
ALL- PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On
personally appeared
__ personally known to me
satisfactory evidence to
, 1996, before me,
(NOTARY)
SIGNER(S)
-or- proved to me on the basis of
be the person(s) whose name 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.
WITNESS my hand and official seal.
NOTARY’ S SIGNATURE
APPROVALS
Approved as to Form:
Sr. Asst. City Attorney
Approved as to Content:
ASD/Real Estate Division
By.By.
Approved as to Description:
Public Works/Engineering
Approved as to Form:
By.By.
A.P.NO. 120-25-060 APRIL 15, 1996
REQUESTED BY: JANET FREELAND
APPROVED BY: JAMES D. KIEHL ,~.K.
CREATED BY: JAMES T. BOURQUIN -’-’~
CHECKED BY: JAY E. REMLEY, SR. ffZ"
LEGAL DESCRIPTION
PARCEL 1
All that real property situated in the City of Palo Alto, County of Santa Clara, State of California ¯
described as follows.
Being a portion of Lot 1, Block 2, as shown upon that certain map of the re-subdivision of Block
2, recorded on September 6, 1902 in Volume F-3 of Maps, Page 4, said re-subdivision being a
portion of that certain map entitled "UNIVERSITY PARK", recorded on February 27, 1889 in
Book D of Maps, Page 69;
Beginning at the intersection of the northeasterly line of Alma Street with the southeasterly line of
Hawthorne Avenue;
THENCE, northeasterly 112.50 feet along.the southeasterly line of Hawthorne Avenue;
THENCE, southeasterly 75.00 feet and parallel with Alma Street;
THENCE, southwesterly 112.50 feet and parallel with Hawthorne Avenue;
THENCE, northwesterly 75.00 feet along the northeasterly line of Alma Street to the POINT
OF BEGINNING,
Said Parcel 1 contains 8,437.50 square feet more or~ less,
Said Parcel 1 is shown on attached map Exhibit "B" .and made a part hereof,
LEGAL: 12025060.wpd
PLAT: 12025060.DWG
End of Legal Description
Exhibit "A"
EXHIBIT A ( 1 of 2)
(to Deed)
35’
I,i
i,I
Z
HAWTHORNE AVENUE
-- P.D.B. PARCEL
=:-XHIBTT_
35’
IIBSO¯
PARCEL
A.P.No, ]80-85-060
DRAWN BY: J. KIEHL
CHECKED BY: J. BI:]URQUIN..~rB
CHECKED BY: J. REMLEY/#’~:
LEGAL F]LENAME: 18085060
DRAWING F]LENAME: 12025060
112.50’
s°°& A,P.No ,
77.13’
PARCEL 1
WELL SITE
UNIVERSITY PARK
A.P,No.
CITY OF PALD ALTO, CALIFORNIA
EXHIBIT A (2 of 2)
35.37"
d
Z
O_
<£
180-85-053
SCALE: l" =
P.L.S. 7158
APPROVED:
REVISION: (4) 4/18/96
I
RESERVA~ON OF FACADE EASEMENT
The CITY reserves an interest in the property consisting of the benefit of the following
affu-mative and negative covenants, conditions, and restrictions:
(1) Building. GRANTEE shall not, without the prior written approval of CITY, undertake
or permit, directly or indirectly, any destruction, construction, ~,lteration, remodeling, or painting,
or do or permit, directly or indirectly, any other thing which would materially affect the exterior
appearance, including the roof, or public view of the Tower Well Structure as depicted in the
attached Development Plans, approved by the City of Palo Alto on , attached hereto,
designated as Exhibit ~, and incorporated by reference as though fully set forth herein.
(2) Tree.____, GRANTEE shall not, without the prior written approval of CITY, undertake or
permit, directly or indirectly, any removal, destruction, alteration, or major pruning, or do or permit,
directly or indirectly, any other thing which would materially affect the appearance, health, or public
view of the eucalyptus tree, as depicted in the plot plan, attached hereto, designated as Exhibit w,
and incorporated by reference as though fully set forth herein. The written approval required to be
obtained from CITY hereunder may be given by the City Manager of CITY or his/her authorized
representative for the pruning or health maintenance of the tree, and the installation, construction,
and repairs on the property which might affect said tree.
(3) Maintenance and Repair. GRANTEE at all times shall maintain the property in a safe,
good, and sound state of repair and shall take all reasonable action to minimize deterioration of its
exterior appearance subsequent to rehabilitation. GRANTEE agrees to save and hold harmless
CITY, its employees, officers, agents, and assigns from any and all liability, including costs and
attorneys’ fees, arising out of GRANTEE’s failure to properly maintain the property as required
hereunder.
(4) Insurance. GRANTEE at all times and at his/her sole cost and expense shall maintain
and keep in force a standard Fire and Extended coverage insurance policy, with an insurance
company rated by Best’s as A, AAA, or better, insuring the building against such loss. The
improvements shall beinsured for no less than its replacement or reconstruction cost at the time of
loss. Said replacement or reconstruction cost means replacement or reconstruction of the original
character and architectural integrity of the Tower Well as it may be improved from time to time.
The City of Palo Alto shall be named as an additional insured under the above-specified
insurance policy.
A certificate or policy of said Property Insurance shall be filed with the Real Property
Manager of CITY concurrently with the execution of this agreement or within ten (10) days
thereafter.
Said certificate and policy shall be subject to the approval of the Risk Manager of CITY.
Current certificates of insurance shall be kept on file with Real Property Manager of CITY, during
EXHIBIT B (I of 5)
to Deed
of duration of this agreement.
(5) Restoration. In the event of any damage to, or destruction of, any part of the property
adversely affecting, directly or indirectly, the interest in the property reserved by CITY:
(a) GRANTEE shall immediately notify CITY in writing of such damage or
destruction.
(b) GRANTEE shall pursue in a timely manner all available claims and remedies
against any insurance policy covering, and against any person or entity responsible
for the damage or destruction.
(c) GRANTEE shall use any money or other thing derived from any such claim or
remedy to restore the damaged or destroyed part of the property adversely affecting
CITY’s interests therein as soon as possible to its pre-existing condition and
architectural integrity, subject to the required prior written approval of CITY, as
specified above.
(6) Entry_ by CITY. CITY shall have the right to enter upon the property, including any
structure thereon, after reasonable prior notice to GRANTEE, at all reasonable times in order to
inspect the same and to exercise any or all of its rights herein.
(7) Improvement and Repair by CITY. CITY shall have the right, but not the obligation,
to make improvements or repairs to the building to preserve and enhance the property’s historical
and architectural authenticity and to retain and maintain as nearly as possible the original character
of the property.
(8) Additional Structures and Planting. No structures in addition to the existing ones,
including fencing, shall be constructed or erected on the property without the prior written approval
of CITY. No planting shall significantly obstruct the view of the building from adjacent streets and
sidewalks.
II
NATURE AND DURATION
The covenants, conditions, and restrictions contained herein constitute a binding equitable
servitude upon the property, in perpetuity and shall run with the land and shall be binding on all
parties having or acquiring any right, title, or interest in the property of any part thereof, including
agents, personal representatives, mortgagees, heirs, assigns, and all other successors in interest, and
shall insure to the benefit of CITY, it successors, and assigns. GRANTEE agrees that the covenants,
conditions, and restrictions contained herein will be inserted in any subsequent deed or other legal
instrument of which GRANTEE divests himself/herself of either fee simple title to or of any other
possessory interest in, the property.
3 . 5REEZMT/EZFACADE 2
Exhibit B (2 of 5)
III
REMEDIES
In the event GRANTEE violates any provision hereof, CITY shall have available such legal
and equitable remedies as are provided by law to enforce the obligation or obligations of GRANTEE
hereunder and, in addition thereto and as an alternative, at the sole option and discretion of CITY,
CITY may enter upon the property and any structure thereon to correct any violation and hold
GRANTEE responsible for the cost thereof after thirty days’ written notice to GRANTEE to cure
the violation and failure by GRANTEE to so cure the violation. Said costs shall be deemed to be
an assessment.
IV
LIEN FOR ASSESSED COSTS
(1) Creation of Lien and Procedure. Each of such costs assessed pursuant to Article III
hereof shall be a separate and distinct debt and obligation of GRANTEE. The amount of any
assessment, including interest at the rate of six percent (6%), and costs, including reasonable
attorneys’ fees, shall be a lien upon the property, and GRANTEE hereby expressly grants to CITY
and its assign or assigns a continuing lien against the property to secure the payment to CITY and
it assign or assigns of any and all such assessments which may be made from time to time. As such
assessments are made against GRANTEE, CITY shall cause to be recorded with the county recorder
of the County of Santa Clara a notice of assessment, which shall state the amount of such assessment
and such other charges thereon, a description of the property, and the name of the record owner or
owners thereof. Such notice shall be signed by the City Manger of CITY or his/her authorized
representative. Upon payment of such assessment and charges in connection with which such notice
has been so recorded, or other satisfaction thereof, the City Manager of CITY or his/her authorized
representative shall cause to be recorded a further notice stating the satisfaction and release of the
lien assessment thereof. Except as provided herein, such continuing lien shall be prior to all other
liens and encumbrances recorded subsequent to the recordation of this document unless CITY and
GRANTEE agree to the subordination thereof to other liens and encumbrances.
(2) Alternative Creation of Lien. If it should be determined by a Court, by judicial
precedent, or otherwise, that the lien granted hereunder cannot attach to the property until the amount
of the particular assessment is ascertained or that the lien is otherwise invalid or void, then the
parties agree that a separate lien shall attach to the property and come into being upon recordation
of a notice of assessment as provided herein and that each of such liens Shall be prior to all other
liens and encumbrances recorded subsequent to the recordation of said notice of assessment unless
CITY and GRANTEE agree to the subordination thereof to other liens and encumbrances.
(3) Foreclosure. With the prior approval of the Council of CITY, any such lien may be
foreclosed b~ an appropriate action in Court or in the manner provided by law for the foreclosure
of a mortgage under power of sale. Any action in Court brought to foreclose such a lien shall be
commenced within two (2) years following such recordation. In the event the foreclosure is under
a power of sale, as in the case of a mortgage, the City Manager of CITY or his/her authorized
representative or the assign or assigns of CITY shall be deemed to be acting as the agent, of CITY,
and CITY or its assign or assigns, as the case may be, shall be entitled to actual expenses and such
3.5P.EEZMT/EZFACADE 3
Exhibit B (3 of 5)
fees as may be allowed by law or as may be prevailing at the time the sale is conducted.
(4) Sal_...ee. Such sale shall be conducted in accordance with the provisions of law applicable
to the exercise of powers of sale and mortgages and deeds of trust, or in any other manner permitted
by law. With the prior approval of the Council of CITY the certificate of sale may be executed and
acknowledged by the City Manager of CITY or by the person conducting the sale. A deed upon the
Court’s foreclosure shall be executed in a like manner after the lapse of the period of redemption
then required by statute.
(5) Other Liens. No provision hereof respecting the creation of a contractual lien shall in
any way be construed as limiting or waiving any right of CITY to assert any statutory or other lien
that may be available to it.
V
MORTGAGE PROTECTION
(1) Subordination Agreement. Notwithstanding all other provisions herein, the lien or liens,
as the case may be, created under Article IV hereof on the property shall be subject and subordinate
to, and shall not affect the rights of the holder of the indebtedness secured by any recorded first
mortgage (meaning a mortgage with first priority over other mortgages) upon such interest made in
good faith and for value, provided that there is no outstanding recorded notice of assessment
pursuant to Article IV hereof. If there is any outstanding recordednotice of assessment prior to a
first mortgage, then the amount of the lien shown on the notice or notices of assessment shall be
senior to the interest of the mortgagee, but otherwise any further right of CITY to lien pursuant to
Article IV shall be subordinate to such mortgagee. After the foreclosure of any such mortgage, there
is, or may be, as the case may be, a lien created pursuant to Article IV hereof on the interest of the
purchaser at such foreclosure sale to secure all assessments assessed hereunder to such purchaser as
a GRANTEE after the date of such foreclosure sale, which said lien, if any claimed, shall have the
same effect and be enforced in the same manner as provided herein.
(2) Amendment. No amendment of this Article shall affect the rights of the holder of any
such mortgage recorded prior to the recordation of such amendment who does not join in the
execution thereof.
vI
SEVERABILITY
The provisions hereof shall be deemed to be independent and severable, and the invalidity
or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the
validity or enforceability of any other provision hereof.
vii
INTERPRETATION
The provisions hereof shall be liberally construed to effectuate the purposes recited herein.
3 . 5REEZMT/EZFACADE 4
Exhibit B (4 of 5)
Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said
provision of any other provision hereof.
viii
NOTICES
Any and all notices or other communications required or permitted hereunder or by law to
be served on or given to either party hereto by the other party hereto shall be in writing and shall be
deemed duly served and given when deposited in the United States mail, first-class postage prepaid,
addressed to GRANTEE at the address of the property or to CITY, in care of the City Clerk, Civic
Center, 250 Hamilton Avenue, Palo Alto, Caiifomia 94301. Either party may change their address
for the purpose of this Article by giving written notice of such change to the other party in the
manner provided in this Article.
IX
TIME OF ESSENCE
Time is expressly declared to be the essence of this agreement.
X
COSTS AND ATTORNEYS’ FEES
The prevailing party in any action brought to enforce the terms of this agreement or arising
out oft.his agreement may recover its reasonable costs and attorneys’ fees expended in connection
with such an action from the other party.
3.5REEZMT/EZFACADE -- 5 -
Exhibit B ( 5 of 5)
EXHIBIT II
(to Option Agreement)
CONDITIONS PRECEDENT
This option may not be exercised by OPTIONEE unless and until each and every
following condition has been satisfied:
OPTIONEE shall have made the payment(s) required in accordance with
subparagraph II.B. (Purchase Price of Option) above.
o OPTIONEE shall have submitted Schematic Plans to CITY within 2 months of
the commencement of this option. Schematic Plans shall include a site
layout of all buildings, landscape developments, schematic floor plans for
all structures, simple elevations of all structures, identification of
proposed architectural theme, or style, a detailed description of all
proposed improvements (including proposed uses and methods of operation
and a general outline specification which identifies proposed construction
material and methods), and an estimate of the total construction cost for
all proposed improvements.
o OPTIONEE shall have submitted to, and shall have received approval of its
development plans for PROPERTY from CITY’s Historic Resources Board,
Architectural Review Board, Planning Commission and City Council. Said
plans shall include interior plans, structural plans, exterior elevations,
and landscaping plans and shall indicate specific plans and details of the
resource conservation features to be included.
°
o
OPTIONEE shall have received approval from CITY’s City Council for a
change in land use zoning from P-F (Public Facilities) to P-C (Planned
Community); and appropriate change in the CITY’s Comprehensive Plan
designation .and any other land use permit required, if necessary, for
implementation of the development plans as approved by CITY.
OPTIONEE shall have complied with the requirements of CITY’s procedures
for implementation of the California EnvironmentalQuality Act of 1970, as
may be amended from time to time.
OPTIONEE shall have provided to CITY’s Real Property Manager evidence that
any and all permits from .any and all agencies having pre-construction
jurisdiction over the proposed development including, but not limited to,
building permits, grading permits and health permits have been authorized
P : \ ECHAN\OLTOWER. WPD
o
o
o
10.
and are available.
OPTIONEE shall have submitted to CITY’s Chief Building Official
certification.that the plans for any proposed building construction
comply, in all respects, with energy conservation requirements as set
forth in California Code of Regulations, Title 24 for non-residential
construction. The form and content of said certifications shall be in
conformance with the requirements of California Code of Regulations, Title
24 for non-residential construction.
OPTIONEE shall have obtained approval of the Working Drawings for the
proposed development from CITY’s City Engineer and Chief Building
Official, Working Drawings shall include:
1.Complete architectural, landscape and engineering working drawings;
2.Complete construction specifications;
3.Complete construction contract form; and
4.Proposed construction schedule.
OPTIONEE shall have satisfied CITY’s Real Property Manager that OPTIONEE
has sufficient finances or financial commitments to implement the plans
approved by CITY in accordance with the above.
OPTIONEE shall have furnished to CITY’S Real Property Manager evidence of
coverage that assures CITY that sufficient monies will be available to
complete the proposed construction. The amount of assurance shall be at
lease the total estimated construction cost that was submitted to and
approved by CITY in accordance with.condition #8 above. Evidence of such
assurance shall take one of the forms set out below and shall guarantee
OPTIONEE’s full and faithful performance of all of the terms of this
option:
a.Completion Bond naming CITY as beneficiary;
Performance and payment bonds, supplied byOPTIONEE’S contractor or
contractors, provided the bonds are issued with both OPTIONEE and
CITY named as beneficiaries;
Irrevocable letter of credit from a financial institution naming
CITY as beneficiary; or
d. Any combination of the above.
P : \ ECM~N\OLTOWER. WPD
EXHIBIT III ,(to Option Agreement)Nor" American Title ComF"ny
431 FLORENCE STREET, #I00
PALO ALTO, CALIFORNIA 94301
(415) 325-0330
DATE MARCH 26, 1996
CITY OF PALO ALTO
250 HAMILTON AVENUE, LEVEL A
PALOALTO, CALIFORNIA
ATTN: JANET FREELAND
ORDER NO. 4103052
PROPERTY ADDRESS:
201 AI,MA STREET
PALO ALTO, CALIFORNIA
PRELIMINARY REPORT-
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, NORTH AMERICAN TITLE COMPANY, INC.
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE
INSURANCE FROM COMMONWEALTH LAND TITLE INSURANCE COMPANY, A PENNSYLVANIA CORPORATION, DESCRIBING THE LAND AND THE ESTATE
OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR
ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORM.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT "A" ATTACHED.
COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF
A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE
ISSUANCE OF A P~LICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT AOF THIS
REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOTCOVERED
UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLEAND MAY
NOT LIST ALL LIENS~ DEFECTS,AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
EFFECTIVE MARCH 7, 1996 AS OF 7:30 A.M.
ANNA MARIE CREAL
(ESCROW OFFICER)
NoP% American Title Coml" "ny
THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS
REPORT IS:
California Land Title Association Standard Coverage Policy - 1990
American Land Title Association Loan Policy - 1992
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE SIMPLE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
THE CITY OF PALO ALTO, A MUNICIPAL CORPORATION
Page 2 of 9 4103052
Nor" American Title Comr-?ny
THE LAND REFERRED TO HERE~N IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA, CITY OF PALO ALTO, AND IS DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE INTERSECTION OF THE NORTHEASTERLY LINE
OF ALMA STREET WITH THE SOUTHEASTERLY LINE OF HAWTHORNE AVENUE;
RUNNING THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF HAWTHORNE
AVENUE 112 FEET 6 INCHES; THENCE AT A RIGHT ANGLE SOUTHEASTERLY AND
PARALLEL WITH ALMA STREET 75 FEET; THENCE AT RIGHT ANGLES
SOUTHWESTERLY AND PARALLEL WITH HAWTHORNE AVENUE 112 FEET 6 INCHES
TO A POINT ON THE NORTHEASTERLY LINE OF ALMA STREET; THENCE
NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF ALMA STREET 75 FEET
TO THE POINT OF BEGINNING; THE S~E BEING PART OF LOT NUMBER, I OF
BLOCK NUMBER 2 OF THE SAID CITY; REFERENCE BEING HEREBY MADE FOR
A MORE COMPLETE DESCRIPTION OF SAID PREMISES TO THE MAP OF UNIVERSITY
PARK (NOW KNOWN AS PALO ALTO) RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF THE SAID COUNTY OF SANTA CLARA IN BOOK "D" OF MAPS,PAGE
69.
ASSESSOR’S PARCEL NUMBER: 120-25-060
Page 3 of 9 4103052
Nor’h American Title ComF;ny
ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY WOULD BE AS
FOLLOWS:
o
o
Property taxes, including any assessments collected with taxes,
to be levied for the fiscal year 1996-1997 which are a lien not
yet payable.
The lien of supplemental taxes, if any, assessed pursuant to
the provisions of Chapter 3.5 (commencing with Section 75) of
the Revenue and Taxation Code of the State of California.
Water rights, claims or title to water, whether.or not the rights
or claims are disclosed by the public records.
Page 4 of 9 4103052
Nor" American Title ComF"ny
There are no conveyances affecting said land recorded within SIX
MONTHS of the date of this report.
NOTES:
CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY I,
1990. UNDER AB 512, NORTH AMERICAN TITLE COMPANY, INC. ("NATC") MAY
ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISBURSAL IN ACCORDANCE WITH
THE FOLLOWING RULES:
Io SAME DAY AVAILABILITY - DISBURSEMENT ON THAT DATE OF DEPOSIT
IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE
COMPANY ("NATC") IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR
IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL
CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT.
2. NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NATC BY
CASHIER’S CHECKS, CERTIFIED CHECKS, OR TELLER’S CHECKS, DISBURSEMENT
MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER’S CHECK"
IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER
INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING WITH
A CHECK DRAWN AGAINST AN FDIC INSURED BANK).
3. 3-7 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY
CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE,
DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE
TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES
A "HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES.
PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS,
AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER’S
CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS.
(FOR FURTHER DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.)
NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY
THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND
CALIFORNIA TITLE COMPANIES.
NOTE: ON OR AFTER JULY I, 1985, THE COUNTY RECORDER’S OFFICE WILL
CHARGE, IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $20.00 RECORDING
FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED
BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT,
SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT
THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL
BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE.
Page 5 of 9 4103052
Nc,-- h American Title Corn tny
IF ANY OF THE DEEDS OF TRUST SHOWN IN THIS PRELIMINARY REPORT SECURES
A REVOLVING CREDIT LOAN, THIS COMPANY WILL REQUIRE PRIOR TO CLOSING
THAT:
(A) THE BORROWER PROVIDE AUTHORIZATION TO THE LENDER TO FREEZE THE
LOAN FROM FURTHER DISBURSEMENTS fuND THAT WE BE PROVIDED WITH
PROOF THAT THE ACCOUNT HAS BEEN FROZEN AND ~HE EFFECTIVE DATE
OF THE FREEZE; AND,
(B)THERE ARE NO OUTSTANDING CHECKS UNPAID;~AND,
(C)SHOULD THE COMPANY BE UNABLE TO ASCERTAIN THAT ONE OR MORE OF
THE ABOVE HAVE NOT BEEN COMPLIED WITH, WE WILL WITHHOLD FROM THE
PROCEEDS THE MAXIMUM AMOUNT OF THE LOAN OBLIGATION UNTIL SUCH
TIME AS WE MAY VERIFY THAT THE PAYOFF WAS SUFFICIENT TO OBTAIN
A FULL RECONVEYANCE.
THIS REPORT IS SUBJECT TO A CANCELLATION CHARGE AND OR MINIMUM CHARGE
AS REQUIRED BY SECTIONS 12404, ET. SEQ., OF THE INSURANCE CODE OF
THE STATE OF CALIFORNIA AND RULE NO. 2 OF DEPARTMENT OF INSURANCE
BULLETIN NO. NSo 35 E.
THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE
AND TAXATION CODE SECTIONS 18662) ON SALES OF REAL PROPERTY.
BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED,
THE SELLER/BORROWER MUST FURNISH A TAXPAYER IDENTIFICATION NUMBER
TO US SO THAT WE CAN FILE AN IRS FORM 1099, OR ITS EQUIVALENT, WITH
THE INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION
6045 OF THE INTERNAL REVENUE SERVICE.
IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE,
A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO 3-1/3 PERCENT
OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL
PROPERTY INTEREST BY EITHER:
I. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS
OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS
AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF
THE SELLER, OR
2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN
CALIFORNIA, OR
FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY
IN AN AMOUNT EQUAL TO THE GREATER OF i0 PERCENT OF THE AMOUNT REQUIRED
TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500).
HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE
CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO
WITHHOLD AIqY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD
IF:
I.THE SALES PRICE OF THE CALIFORNIA REAL PROPERTYCONVEYED DOES
NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($I00,000),OR
Page 6 of 9 4103052
No, American Title ComF-ny
2. THE SELLER EXECUTES AWRITTEN CERTIFICATE, UNDER PENALTY OF
PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA,
OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN
CALIFORNIA OR
3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE,
UNDER PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING
CONVEYED IS THE SELLER’S PRINCIPAL RESIDENCE (AS DEFINED IN
SECTION 1034 OF THE INTERNAL REVENUE CODE).
THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT
CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT.
THE CALIFORNIA STATUTES REFERENCE ABOVE INCLUDE PROVISIONS WHICH
AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND
WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS.
Page 7 of 9 4103052
Ne’ h American Title Com"
IN THE EVENT THE BUYER REQUIRES WITHHOLDING OF THE 3-1/3 PERCENT
OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO
FILE COPY A OF FORM FTB597 WITH THE FRANCHISE TAX BOARD ALONG WITH
THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH DAY OF THE MONTH
FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE
SELLER HAS REQUESTED A WAIVER. IF THE SELLER HAS REQUESTED A WAIVER,
THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A
REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME
THE AMOUNT WITHHELD ALONG WITH COPY A OF FORM FTB 597 MUST BE SENT
TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS:
FRANCHISE TAX BOARD
WITHHOLDING AT SOURCE UNIT
P.O. BOX 651
SACRAMENTO, CA 95812-0651
(916)369-4900
THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS
TITLE ORDER WILL BE BASED ON THE BASIC (NOT SHORTTERM) TITLE
INSURANCE RATE.
LENDERS SUPPLEMENTAL REPORT
THE A.L.T.A. POLICY, WHEN ISSUED, WILL INCLUDE C.L.T.A. ENDORSEMENT’
NUMBER i00 AND ENDORSEMENT 116 OR 116.2.
SAID LAND IS KNOWN AS 201 ALMA STREET, PALO ALTO, CALIFORNIA, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA.
Page 8 of 9 4103052
NORTH
AMERICAN
TITLE
COMPANY
INFORMATIONAL NOTE :
PROBLEM AREAS FOR TITLE COMPANIES
I.ONGOING CONSTRUCTION: THE TITLE COMPANY WILL REQUIRE, AS
A MINIMUM, THE FOLLOWING PRIOR TO INSURING:
A.
VALID NOTICE OF COMPLETION VERIFIED BY INSPECTION AND
EXPIRATION OF 60 DAYS FROM RECORDATION OF SAID NOTICE OR;
B.2~PPROVED INDEMNITIES FROM BORROWER/SELLER, APPROVED
FINANCIAL STATEMENT NOT OVER ONE YEAR OLD AND A WAIVER
OF LIEN RIGHTS. FROM GENERAL CONTRA.CTOR.
i.THE TITLE COMPA!qY MAY ALSO REQUIRE PROOF OF PAYMENT
OF SUBCONTRACTORS, INDEMNITY AND FINANCIAL STATEMENT
FROM THE GENERAL CONTRACTOR, A COPY OF THE CONTRACTAIqD THE WITH I4OLDING OF A SUM OF MONEY, TO COVER THE
CONTRACT UNTIL THE MECHANICS L!EN PERIOD HAS EXPIRED,
WITH WHICH TO PAY FILED MECHANICS LIENORS, OR OTHER
ASSURANCES TO BE DETERMINED ON A CASE. BY CASE BASIS.
2.BAIqKRUPTCY: THE TITLE COMPANY WILL REQUIRE, AS A MINIMUM,
THE FOLLOWING PRIOR TO INSURING:
A. THE BANKRUPTCY CASE BE CLOSED OR; "
B.AIW ORDER FROM THE BANKRUPTCY COURT VERIFYING THE TRANS-
ACTION, WITH A DF_24AND PLACED INTO ESCROW BY THE TRUSTEE.
I.ESCROW MAY NOT CLOSE UNTIL 15 DAYS HAVE ELAPSED
FROM THE ORDER AND THE FILE HAS BEEN CHECKED TO
VERIFY THAT THERE ARE NO OBJECTIONS TO SAID ORDER.
ABSTRACTS OF JUDGMENT, LIENS, TAX LIENS: THE TITLE COMPANY
WILL REQUIRE, AS A MINIMUM, PRIOR TO INSURING:
A.PROOF THAT THE BUYER/SELLER ARE NOT THE SAME PARTIES AS
ON THE RECORDED LIENS.
I. TH’IS IS ACCOMPLISHED BY THE BLrYER/SELLER/BORROWER
COMPLETELY FILLING OUT AND SIGNING A STATEMENT OF
INFORMATION ¯
B. THE ITEMS ARE TO BE ~AID OFF IN ESCROW.
C.. TH~ ITEMS ARE TO BE SUBORDINATED TO THE NEW TRANSACTION.
COMMUNITY PROPERTY: CALIFORNIA IS A COMF[[rNI.TY PROPERTY STATE.
A.A QUITCLAIM FROM ONE SPOUSE TO ANOTHER MUST SPECIFICALLY
QUITCLAIM ANY COMMUNITY PROPERTY INTEREST.
B.AN INTERLOCUTORY DECREE OF DIVORCE,SPECIFICALLY
GRANTING THE PROPERTY TO ONE SPOUSE IS SUFFICIENT IF A
FINAL DECREE IS ISSUED AND RECORDED IN THE COUNTY,
(~08) 453.030CNorth American "rifle Company, Inc. ’1740 Technology Drive, Suite 150, San Jose, CA 95’110
LIST OF pK~..RINTED POLICY EXCLUS.IONS AND E XPTIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVE,,,-~GE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following mtttters ~ expressly excluded from the covcr’~ge o[ thls policy and the Company will not pay loss or damage, costs, attorneys, fees or expenses whlch
by reason of:1. (a) Any law, ordinance or governmental regulation (including but not Iimlt=d to building and zoning laws, ordinances, or regulations) restricting, ~’tgulating, prohlbhlr
or relating In (i) the occupancy, use, or enjoyment of the land; (ill the character, dimensions or location of any improvement now or hereafter erected on the land; (iii)
separation in ownership or a change in the dimensions or text of the lend or any parcel of which the land Is or was t part; or (iv) envlronmcntsl protection, or the
of any vloladon of these laws, ordinances or governmental rtgulatlons, except to the extent that a notice of the enforcement thereof or a notice of a defect, llen or
encumbrance resulting from a violation or alleged violation afro:sing the land has been recorded in the publlc records at Date of Policy.
(b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, llen or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of’ Policy.
2.Rights of eminent domain unless notlce of the exetx:ise thereof has been rr..¢orded in the public records st Date of Policy, but not excluding from coverage any taking
w~ch has occurred prior to Dateof Policy which would be binding on the rights of a pur¢haser for value without knowledge.
nces adverse claims or other matters:3. Defects, hens, encumbra , . or a reed to b the ifisured claimant;
(a) whether or not rccorcled in the public records at Date of Pohcy, but created, suffered, assumed g
(0) not known to the Company, not recorded in the public recoMs at Date of Policy, but known to the insured claimant and no.t disclosed in writing to the Company
the insured claimant prior to the date the insure~l claimant became an insur=d under this Policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy or;, ¯
(el resulting in loss or damage which would not have been sustained if the.insured claimant had paid value for the insured mortgage at: for the estate or interest insure
by this policy. "4. Unenl’oreeability of the lien of the insured mortgage because of the inability or failure of the insured at Dat~. of Policy, or the inability or failure of any s~bsex:iuent
owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien o1" the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is bas~
upon usur~ or any consumer credit protection or truth in lending law.
6.Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender, by reasonof the olxration of federal bankruptcy, state insolvency or similar credltors’ righ~ laws.
EXCE~HONS FP, OM COVERAGE (SCHEDULE B - PART I)
This policy do~:s not insure against loss or damage (and the Company will not pay costs, attorneys, fees or exl:~nses) which arise by rea~on of:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
r=:o~s. .Proceedings by a public agency which may result in taxes or assessments, or notices of such proc=edlngs, whether or not shown by the records of such agency or by
publio records. .
2.Any facts, rights, interests or claims which are not shown by the public records but which could be asccrtalned by an inspection of the land or which may bc assertc~
~::raons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundm’y lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by
Fublie records.
5.(a) Unpatenled mining clalms; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof’; (el water r~ghts, claims or title to waS=r, whether
not the matters excepted under (a), (b) or (c) are shown by the public records.
_AMERICAN LAND TITLE ASSOCIATION OWNER’S POLICY (10-17-92)
AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER’S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matter~ art: expressly excluded’from the coverage of this Policy and the Company will not pay loss or damage, costs, attorneys" fees or expenses which
by reason of: ¯1. (a) Any law, o~inance or governmental regulatlon (including but not limited to building and zonlng laws, ordinances, or regulations) restricting, regulating, prohil:
or relating to (1) the o~:upancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafmr erected on the land;
separation in ownership or a change in the dimensions or area o[ the land or any parcel of which the land is or was a part; or (iv) environmental protex:tlon, or the
of any violation ol" these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defer:t, llcn or
encumbrance resulting from a violation or alleged violation affecting the land has bccn recorded in the public records at Date of Policy.
(b)Any governmental police powcr not excluded by (t) above, except to the extent that a notice of the exercise thereof or a notice of a 1~: fect’ lien or encumbrance
resulting from a violation or alleged violation affecting the land has Ixcn recorded in the public records at Date of Policy.2. Rights of eminent domain unless notice of the cxcrclse thereof has Ix:cn recorded in the public records at Date o[ Policy, but not cxcludlng from coverage any laklr
which has occurred prior to Date o[ Policy which would be binding on the fights of a purchaser for value without knowledge.
3. D.cfects. liens, encumb~nces, adverse claims or other matters:
Ca) created, suffered, assumed or agreed Io by the insured claimant:
(0) not known to the Company, not recorded in the public re¢ords at Date of Policy, but known to the insured claimant and not disclosed in v..fitlng to the Compat
the insured claimant prior to the date the insured claimant became an insured under this pollcy.
(el resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(el resulting in loss or damage which would not have been sustained il’thc insured claimant had paid vahv" for the estate or interest insure~l by this pollcy.4. Any claim which ~rises out of the transaction vesting in the lnsured the estate or interest insured by this Policy, by reason o1" the operation of federal bankruptcy,
insolvency, or similar creditors’ rights laws, that is based on:
(a) the i n crcatln the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; ortransact o g ...........-. ~--:-~ ~ .....,~ ,~ -referential transfer except where the prcferentlal transfer results from the
(0) the transaction creating the estate or ntcrest tnsurcu oy the l’~t~.~ u~-~, .........r
(i) to timely record the instrument of transfer; or
(ii) of ~u~l’t re¢ordatlon to impart notice to a purchaser roe value or a judgment or llen creditor.(Contlnued or
Vorn~ 2210-6 (9-94)
AhIERICI’N LAND TITLE ASSOCIATION LOAN
WITII A.L.T.A. ENDORSEhIENT FORhl 1 ~OVERAGE (10-17-92)
AND A.L.T.A. LEASEHOLD LOAN POLICY (10-17-92)
EXCLUSIONS FROhI COVERAGE
following m~tte~ t~ txp~ssly excluded from ~e covc~ge of thlt ~llcy and the Company will not pay Io~s or d~magc, co~t~, atto~c)’t’ f~s or cx~n~s whlch
~oson of :
(~) Any I~w. ordinance or govc~mcntal ~gul~tlon (including but not Iimlt~d to building ~nd zonlng laws. o~inances, or regulations) ~s~ctlng. ~latlng. pmhlbhlng
or relating to (i) ~ ~cup~ncy. use. or enjoyment of ~ l~nd; (ii) the ch~ctcr, dimensions or I~atlon or tny improvement now or herca~cr ~ctcd on
scp~r~tlon in ownership or t change in the dlmcnslons or t~a of ~e land or ~ny parcel of which ~* land is or w~s t pa~; or (iv) environment1 pmtcctlon, or ~= [~t
of ~ny viota~on of ~s¢ ]tws, o~inances or govemm,ntal ~gulatlons. except to the extent that t notic* o~ ~* enforcement ~¢t¢o~ or t notlc¢ of t d,[~t, lien or
encumbrance rcsultlng from a violation or tllegtd viola~on aff~ting ~ land has bccn rccord*d in ~* public records tt D~t¢ of Pollcy.
~) Any govcmmen~l ~li~e ~w,r not ~xclud*d by (a) a~ve. except to ~e extent ~at a notice of the exercise thereof or a notice of a dc[ec6 lien or encumb~n~
resulting f~m ~ vlolatlon or tlleged violation affecting ~e land h~s ~n r~ordtd in ~* public ~cords tt Date of Pollcy.
Rights of tmln,nt domaln unless notice of ~* exe~ise ~ercof has ~¢n ~ordcd in th* public ~cords at Date of Policy. but not txcludlng f~m cov¢~ge tny ~ng
which has ~¢u~ed p~or to Date pf Pollcy which would ~ binding on ~e fights of a purchaser for value wi~out knowledge.
D,~. liens, encumbrances, tdv¢~e claims or o~¢r m~tters: -"
(a) created, suffc~ tssum*d 0~ ag~cd to by ~* insur¢d claimant;
~) not known to ~t Company. not r¢cord*d in ~: public ~cords at Dat¢ of Policy. but known to ~e insu~d claimant and not dlsclos~ in wfitlng to
~, insu~d claimant p~or to ~* d,te ~e insured claimant ~cam* an insur¢d under this
(c) r:sultlng in no loss or damag* t~ ~e insured claimant:
(d) at~achlng or c~at¢d subs~u¢nt to Date o~ Policy (except to ~e ,gt¢nt that ~is policy insurcs ~e p~o~ty of ~* llcn of ~e insur:d mo~gage over any statuto~ llen
for so,ices, lair or material * for to th, extent insu~nc¢ is afforded h¢r,ln as to assessments for s~**t improvem*nts und¢r cons~ctlon or ~mplet~ at Date
Policy])~ or
(e) r, suldng in loss or damage which would not hay* ~en sustained if ~e insu~d claimant had paid va!u* for ~* insured mo~gage.
4. Un,nfor~bility of ~* li¢n of ~* insured moflgage ~caus* of th* inability or failure of th* insured at Date of Policy, or ~e inability or failure of any subs,qu*nt
owner of ~e indebtedness, to comply wi~ ~9 applicab]* doing business laws of ~e state in which ~= land is situate.
5. Invalidit~ or unenfo~bility of ~* lien of ~e insu~d mo~gage, or claim ~ereoL which adses out of ~e ~nsaction tvidenced by ~e insur~ mo~gage and is based
u~n usu~ or any consumer credit protection or~th in lending law.
6. An~ s~tuto~ lien for ~ices. lair or materials (~ ~ claim of priority of any statuto~ lien for se~ices, la~r or materials over ~ lien of ~* insur~ mo~gage)
arising from an imp~vement or work ~lated to ~e land which is contracted for and commenced subsequent to Date of Policy and is not financ~
pr~eeds of ~* indebt~ness s~u~ by th* insured mo~gage which at Date o~ Policy the insured has advanced or is obligated to tdvance.
7. hn~ claim which ~¢s out of ~ ~nsactlon creating th* interest of th* mo~gag¢* insured b~ this ~llcT. by reason of th* o~tlon of federal ban~ptc~, state
insolvcncT, or simila~ ~redito~’ Hgh~laws. that is based on:
(a) ~ ~n~cffon c~a~ng ~* interest of ~e insured made,gee ~ing dtcmcd t fraudul*nt convcyanc* or fraud~l*nt ~ansfc~ or
~) ~ su~rdlnafion of ~= interest of ~* insured mo~gagc* as a ~sult of ~* application of th~ d~ne of ~ui~bl~ su~rdinatlon; or
(c) ~ ~nsacfion c~atlng ~ in,rest of ~ insu~d mo~gagc¢ ~ing deemed a preferential ~ans[cr except wh¢~ the ~rc~cr¢ntltl ~ns[cr msul~ from ~ failure:
(i) to dm,lj ~cord ~* inst~ment o~ns[~ or -
(ii) of such ~oMatlon m imp~ notice to a purchaser ~or value or a judgment or lien creditor.
Inner B~ckc~ dcno~ cave.go not contained in ~asrhold ~an Policy.
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY
PRINTED POLICY EXCEPTIONS AND EXCLUSIONS
~, ~clusi~’ns and ~= ~ccptlons oE the ALTA Rcsldcntlal Policy Fo~ recite that you arc not insured against loss or dkmag=, costs, attorneys’ ftcs and ~nscs
rcsultlng from:
Exclusions
1.Governmental police power, and the existance or vloh~tion of any law or 3.
governmefit regulation. "f’nls includes building and zoning ordinances
and also laws and rt:gulatlons concerning:
¯ land use
¯impro",’eme.nts on the land
- land division
¯cnvlronmental protect.lon ¯
This exclusion does not apply to violations .or the enl’orcemen( or these 4.
matters which appear in the public records at Policy Date.
This exclusion dc~s not limit the zoning coverage descrlbcd in Items 12
and 13 of Covered Title Risks.
The right to take the land by condemning it. unless:
¯ a notice of exercising the right appears in the public records on the
Policy Date.
¯ the taking happened pfior to the Policy Date and is binding on you if
you bought the land without knowing o1" the taking.
Title Risks:
¯ that are created, allowed, or agreed to by you
¯ t.~t are known to you. but not to us. on the Policy Date ~ unless th
appeared in the public records
¯ that result in no loss to you
¯ that first affect your title after the Policy Date ~ this dcms not limit
labor and material lien coverage in Item g of Covcrcd Title Risks
Failure to pay value for your thle.
L2ck of a fight:
¯ to any land outside the area specifically descfibcd and rcfcrro:t to
leon1 3 of Schedule A .
¯ in s~~. alleys, or watc~’ays ~at touch your land
~is cxcluslon d~s not limit ~e access ~vcrag* in ltcm 5 of Cove
Title Risks.
Standard Exceptions
(a)Any fights, interests or claims of partlcs in possession of the land not shown by the public records.
(b)Any casements or liens not shown by the public records.
This does not limit the lien coverage in ltcm 8 of the Covered Title Risks.
(c) An)’ facts about the land which a correct survey would disclose and which are not shown by the public records.
This do~s not limit the forced removal coverage in ltcm 12 of Covered Title Risks.
(d) Any water fights, claims or title to water on or under the land.
P.O. BOX 10250
PALO ALTO. CA 94303
ENVIRONMENTAL ASSESSMENT WORKSHEET
Address of Project
Current Zoning.
Applicant: Name.
Address
Comprehensive Plan Designation
Owner: Yes__ No~
Telephone
Application for:
Site and Design
Use Permit
Parcel Map
Zone Change
ARB RevieK
EIA, EIR
I.EXISTING SITE
1.Size of site
2. Site is owned,rented
3.Existing use of property
Assdssor’s Parcel Number.
by applicant.
4.Total number of building occupants for the existing use
5.Number of existing parking spaces Percent of compact spaces
Number of existing bicycle parking spaces
6.Number of existing structures Current use
Will any structures be demolished for this project?
7. Size of existing structures
B.If the current use is residential:
Number of owner-occupied units
Number of renter-occupied units
Yes
Condition,
.No
Class
a: e i awork, doc Page I
ATTACHMENT D
PROPOSED PRO3EC~
g.DescriPtion of project
10.Number of structures proposed Size (in square feet
11. Number of floors Square footage of each floor
12.Percent of site to be covered by pavement
13.Total number of building occupants for the proposed project
14.If the proposed use is residential:
Total number of units Number of units/acre
Expected sales price or monthly rent per dwelling unit
List kinds and sizes of community buildings.
Area of private open space Area of common open space
Provision of low/moderate income units:
1) Number.of units provided for: sale reBt
2) Sale and/or rental price
15.Total number of vehicles expected daily for proposed project
Number of proposed parking spaces Percent of compact spaces
Number of p~oposed bicycle parking spaces Class
16.Are any. toxic wastes to be discharged? Yes No
(If yes, please complete a Sewer Discharge Questionnaire, which is
furnished by the Building Department)
17. Has this facility in the past or will the operation of the proposed facility
involve the storage or use of hazardous materials? Yes No
(If yes, please complete a Hazardous Materials Disclosure Checklist, which
is furnished by the Fire Department)
a:eiawork.doc ATTACHMENT D Page 2
18. Expected amount of water usage (except for. residential developments of fewer
than 4 units not located in the foothills):
Domestic qal/day Peak use,gal/min
Commercial qal/day Peak use qal/min
Expected fire flow demand qal/min
Daily sewer discharge (over 30 fixtures only)
Expected energy use:
Gas,therms Electric
Uses and equipment sizes
A. Space heating:
Gas
Electric
Other
B. Air conditioning:.
Number of units
C. Water Heating:
Gas
Electric
Other
Type:
KWH Peak electric demand
BTUH Solar
KW Heat Pump,Tons
Total tonnage.
BTUH.Solar
KW Heat Pump,Tons
Central system Individual systems
Recirculating Loop? Yes__ No
D. Other:
Indoor lighting___
Cooking K~
Motors HP
KW Outdoor lighting__ KW
Refrigeration Tons or ft~
X-Ray Computer
a:eiawork.doc ATTACHMENT D Page 3
21.Air poilution emission.~ (Check applicable BAAPCD regulations).
Conmer.cial/Industrial only: Source and type
Amount
22.Noise generation:
Source Amount (dBa)
Sound-proofing proposed
23. Site drainage provisions
24.- Amount of proposed grading (cubic yards)
25. Disposition of excavated material
26. Permits required from other agencies:
Santa Clara Valley Water District
Bay Conservation and Development Commission
Bay Area Air Pollution Control District
Corps of Engineers
Other
III.ENVIRONMENTAL DESCRIPTION
27. Percent and direction of ground slope at site
2B. Is this site Within a special flood hazard area? Yes No
29. Existing site vegetation (please list, and indicate any to be removed)
30.Existing animal and bird life on site
a:eiawork.doc ATTACHMENT D Page 4
31.Land uses adjacent to-site
Prepared by Date
NOTE: More information may be required before the application for which this
assessment has been prepared can be processed. Please call thR Department of
Planning and Con~nunity Environment at (415) 329-2442 if you have any questions.
PLEASE RETURN COMPLETED WORKSHEE-r TO THE DEPARTMENT OF PLANNING AND COMMUNITY
ENVIRONMENT, CIVIC CENTER, 250 HAHILTON AVENUE, 5TH FLOOR.
a:eiawork.doc ATTACHMEFIT D Page 5