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0208.092
- ~' , , ,. ," April 9, 1992 HONORABLE CITY COUNCIL Palo Alto, Califo~nia 4 ItBOXA nLLIAMB PROPQTY. 351 BOllin AVEN'QE -REQUEST FOR PRO~Q..~_.,u.s Members of the council: Report ia Brie.t This report re.q'.Jests that Council hold a public hearing and transmits the Request for Proposals and Proposal Package (RFP) for the property located at 351 Homer-Avenue, and knowr. as the Rhona williams property, for Council approval prior to soli.:::itation. Due to its size., the complete copy of the RFP is provided only for Council and Library packets. Complete copies of the RFP and Proposa.l Package are available for t'eview in the Real Property ocr ice at city Hall. A summary of trJe RFP (Attachment A) is reproduced for all packets. Background In Auqust 1989, the City 'Was notified that Rhona Williams had willed. her real property and improvements, loca'ted at 351 Homer Avenue, to the city of Palo Alto. In March 1991 probate .. ras completed. At that time, City inspection of the site revealed the existence of an underground gasoline tank~ On July 1, 1991, Council approved a Budget Amendment Ordinance for the purpose of paying for an investigation of the site to determine cost of tank removal and cleanup if any. On January 13, 1992, Council passed a motion approving the staff recommendation to 1} accept the Rhona wiiliams real property and improvements located at 351 Homer and autt.orize the city Manager to sign any documents necessary to finalize the property transfer; and 2) direct staff to prepare a PJP for an option to lease the site which included the conditions and requirements outlined in the staff report (CMR:I0J:92j. Council incorporated into the motion the estimated time schedule for the RFP process outlined in the staff report. A summary of these conditions and requirements ar.d the estimated time schedule is incl'.lded in Attachment B. - Ii. torte I.'gure.. Report council's January 13, 19;2 motion included direction to staff to contr&ct 'With an historic preservation specia.list to conduct an !Iisto~ic evaluatio~ Qf the Rhona williams property to help determine the requirements and guidelines to be included in the RFP for potential tenants. Staff contracted with Gilbert Arnold Sanchez, Incorporated to evaluate the property and prepare the Historic Resources Report~ which was completed March 10 and which was transmitted too Council in the March 19, 1992 packet attached to CMR!188:92. A copy of the Report is included in the attached RFP as Exhibit III to the option-to-lease aqreement. The report includes an outline of the historical background of the williams family; ~ synopsis of the siqnificance of the residence and site; identification of the historic features and alterations to the oriqir.al building; discussion of applicable building/Eire codes and handicapped accessibility requirements; guidelines for modification to the residence, qarage and site; recommended standards for rehabilitation work; and an assessment of the garden, including identification of important garden features and guide lines for the garden and site. The report states that "the house is significant in its own right as an example of an impor~ant Bay Area architect!s work ... ;-that -the site intact with the house. garage, trees, plantinq beds, arbors and garder. walls is signifi cant as a representative example of the ~pper middle class suburban homestead in the first decade of the twentieth century ..• ;-and that -the City of Palo Alto has the opportunity to preserve this fine representative example of a professional suburban homestead for the future enjoyment of and education of the area's citizens While it serves in a new use.- At its meeting on April 1, 1992, the Historic Resources Board (HRB) approved a motion general.1y concurring -with the consultant's find inqs and recommendations. Rhona Villi .. , Property Reque.t for proposals The attached RFP consists of an Information Flye~ (summarizing the offerinq) and a Proposal Package (including Proposal Forms, Proposal Questionnaire, option to Lease, and Lease). The intent of the RFP is to lease the property under a lonq-term lease to a group or organization 'Which would improve, maintain and operate the property as a use which ~ould fit within the use restrictions terms of Rhona williams' will, provide public benefit, and presgrve and maintain the historic significance of the property. The require ments, conditions and features approved by the Council on January 13, 1992 (summarized in Attachment B) have been incorporated into the RFP. The RFP is summarized in Attachment A. Major provisions and requirements of t..'1.e RFP, option to Lease and Lease are as follows: CMR:208:92 2 . , \ . , -~. .; - Use of the Property and Terms of the Will The RFP describes the requirements of Rhona Williams for the use of the property and requir~s the proposer to ShOl,; ho.· its proposed use satisfies the conditions of the will. F_equired IZllprQVelllents and Es.timated Costs The RFP iderltifies the zninimlJ.l!l improvements and related estil'nated costs required for any use of the property_ These improve!t'.ents and costs include the cost of the soils investigation that must be reimbursed to the City ($7.8SQ) and the estimated cost of the removal of the und.ergrour:.d tank ($12,000 to $19,000). Total estima.ted cost C)f these mini1!lt11l1 required improvements is $11::3 t 520 to $125,520. These costs do not inc!ude the costs of any cleanup that may be necessary in conjunction with the removal of the tank. Additional significant improvements and their costs necessitated by a non-residential use of the property are not possible to determine precisely without ~"'to ... ing the nature of the specific use of the property. However, the RFP identifies in a general way the improvements that will be required for conversion of the property to a non-residential USP~ Historic Preservation The Historic Resources Report includes guidelines and standards for the historic preservation and rehabilitation of the property. At this point~ without kno~in9 what the specific use of property will be, it is not possible for staff to determine the cost of complying with these quidelines and standards. The cost may be significant ho~ever, and it is important that the requirements of the RFP not be so restrictive that the RFP is not feasible. for potential tenants. Therefore, the RJ'P has been set. up so proposers are afforded some degree of flexibility in addressing the historic guidelines and recommendations. However, the city maintains the ability to control the appropriate degree of histo~ic preservation for the site through its evaluation and selection of proposals, required revieW' and a.pproval of the use and dev~lopment plans durinq the option term. and required in'tplementation of the plans under the lease. E\."aluation of Proposals The Hi~toric Reso~rces Report is attached as Exhibit III to the option to lease agreement. Proposers are requi red tc sho'W how their proposed improvements and modifications meet the guidelines and standards for historic preservation and rehabilitation of the property as set forth in the Historic Resources Report. The degrea CKR:20B:92 3 -c'· , •• r-~":"~";:":";"~~'" .. -r~· ......... ~ .. -----.. ~ ,"." ,.",-.. - to which proposers meet the historic guidelines and recommendations is one of the evaluutio~ criteria for propo3als. Proposals will be reviewed and evaluated for reco~endation to the City Council by a proposal evaluation cc~itte~ comprised of representatives of city staff from Planninq, Real Estate, Community Services, as ~ell as a member of the SRB. Review ~nd ~pproval of Plens During Option Term Once a succBssful proposer has been selected by the City Council and the option-to-lease has been executed, the optionee's plans sub:nitted fo'!::" City revie-t..!-o:!uring the option period must include interior plans, t1.tructural pla,"-s, exterior elevations, interior elevations and landscaping plans, and must indicate specific plans and details of the historic preservation to be included in developing: the property~ These plans must be reviewed and approved by the HRB, the ,~chitectural Review Board, Planning Commission (if applicable) and the City i2ouncil. Also, during the option term the optionee must submit and receive approv~l from the City Manager or his designee of a long-term maintenance plan for the buildings and landscaping~ Required Improvements and Maintenance under the Lease Required improvements under the lease are those i~provements identifieo and shown in the plans approved by the City during the option term. The lease also requires that all rnaintert.1nce and repaira to the property be in i!lccordance with tt..e maintenance proqrara approved by the City during the option period~ care, Maintenance and Security Durinq the option Term The RFP requires proposers to submit a plan for the care, mainte nance and security of the qrour~s and house during the period of the option. This is a bid item lIlong \,lith the proposed public benefit and/or rent~ consistency 'With the City's policy for the Leased Use of city Land/Facilities Proposers are required to provide the following information which will be considered in evaluating proposals: 1) the extent to which the proposal satisfies a public ~eed; 2) the consistency of the proposed use with city goals and objectives as set forth in the Comprehensive Plan and Zoninq Ordinance, 3"} the impact of the p~opoged use on the neighborhood, community, and environment; 4) the degree of public access and fees to be charged to Palo Alto citizens; 5) the monetary and non-monetary consideration to the C)!R,208,92 • - city ~nd 6) the history a~d assess~ent of th~ proposer's ability to carry out the construction al~-i oper~tion of t.he facility and services as propo5ed~ prcp9._d Schedule _tor Solic:itatioD upon approval of the RFP by Council, staff ·,.rill advertise the RFP in local ne~spapers and send the Information Flyer to the City's surplus property mailing list ana to those per-sons and groups who have expressed an interest in leasing the Rhcna Williams property. Proposals will be accepted until June 2~ 1992~ when sealed proposals liill be opened at ,,: 00 p.m. proposals and proposers ... ·ill then be reviewed by the evaluation committee using the criteria listed on pages one and two of the RFP and yroposal PacKage, and the proposals and recommendations for a successful bidder 'Will be forwarded to the city Council in October~ In oraer to meet the estimated sch~d\.'.le w-hich Council incorporated into their motion on January 13, 1992, the due date of propo~als has been set for June 2, 199~ as reflected in the attached RFP. This will allow proposers just a little over six weeks to consider the offering, obtain cost estimates, gather information, prepare and return proposals~ Given the complex nature of the RFP, the information required from proposers, and the importance that careful consideration be given to the historic guidelines and recommenaations for the site j staff is of the opinion that six weeks is too short a time to allow proposers to respond. The short turnaround tim~ may affect the ability of some groups to submit proposals. Staff recommends extending the date to Tuesday, July 14, 1992. This 'Would give propo'sers an addition"'.l six 'Weeks to prepare proposals~ Environmental ~Impact AS:!$e8_~m~nt An envirorm.ental impact: assessment, as !!lay be requhed by t~e california Environmentel Quality Act, will be perfor~ed ~n connection with the proposal that staff ultimately recommends to the Council ~s the one that should be awarded the option to lease the property. staff recommends thai: council 1) approve the attached RFP package and direct staff to solicit proposals for the leasing of the Rhona Williams property, and 2) extend the response deadline date to be due to July 14, 1992. CHR: 208: 92 5 --~ , j I I ! , 1 l ___ " __ C \ • • .,-~.L,<.~": .. ___ .., _ J" .. ri .. : I'r..EIfIJ/G ' ~: Asaistant City Ha~~ger '. llehted staft rePo~ts, Cl'IR ~H 9l 0(>< lOJ 92 Cl'IR lSS 9) Attadu1<.Mt A Al:tacllloe:ot !l lleque~t for ~ropos.l, including: -l"formati~n Flyer .. Prop¢sAl Pac)t,a.qe cc; Historic R«scurc~s ~Qerd Groups intere$t~d i~ the Rhona Willia~$ prQpe~ty CMR: 20&:92 -< -';'--".: .<--->1' •• ·- Attac",r\lf.;'1t A S'L~'i -RHON.l. WILLIAMS PROPERTY REQUEST FOR PP.OPOSAL The Request for Proposal (RFP) consis'ts of I.) the Information FIJ'er and rLl the Proposal Fac}:::a';e. I. Information Flyer The Information Flyer summarizes tt.e of!e!" ing and ""ill be sent to interested persons or organizations. 'The r:1formation Flyer include$ the following info~ation: A. Minimu1'r. bid ($5,000 which raflects t.he estimated cost to solicit proposals) and data the proposals ar~ due (June 2, 1992). B. General description of the property to be leased. including ~ location m~p. c. Statement of intent of the RFP and requirements for use. D. Required improve~ents, presE'-rvation. maintenance and historic E. s~un. .. rnary of the ter1T1S of the Option to Lease and the Lease: G. Instr\.lctions fen-obtaining 't.he Proposal Package. II. Proposal Package The proposal Package summarizes th~ proposal requirements and procedures and lists the evaluation criteria. It incl4des the Proposal Forms. Proposal Questionnaire; the Option to Lease and the Lease. A~ Option to Lease -The term of the optiDn is 2 years; and it may not be Exercised until the opticnee has fulfilled t~e following conditions~ 1. Paid the purchase reimbursed the city seils investigation. price of the for the $7.850 option cost of and the 2. Irr.plemented its proposed plan for the carel security and maintenance of the house and grounds. ). Subrni tted and received apprcva 1 of its plan for removal of the underground tank from City's Fir£' Marshall. 4~ Suhmitted schematic plans of all proposed improvements 'Nithin 6 months of 't-he commencell'":-ent of • " j s. 6. 7. "".,." - the option. Obtained Ristor ic Resources Board ~ A.rchi tec"turo! 1 Revie'oi Board, Planning COIDlT1ission and City Council approval of the development plans~ Plans must include histoci..::: preservation details and city review includes ir,t>2t"ior plans and landscaping. Obtail""led the approv~ls of the City Engineer and t!"..e Chief Buildir:g Official of the construction draWings, including a construction schedule. Obtained approval of its lang term maintenance plans a~d sch~dule for the building and landscaping from Real Property Manager. 8.. Obtained any necessary zone change, permits and environme~tal clearances for proposed operation and iI:l.prove!'!'.~nt.s . 9. Satisfied the Director of Finance that sufficient funds ar.e available to implement plans approved by the City. 10. Obtained completion/performance bonds sufficient to ensure funds to complete the approved plans. 11. Paid the Security Oeposit required by the Lease ($10,000). 12. Provided evidence of insurance coverage in the amcunts set forth in the Lease~ B. Lea~e -Th~ key provisions of the Lease are as follows: 1. Premises; the propcrtr and improvements located ~t 351 Horner Avenue .. 2~ Required u~es: specific use is to be determined, but any use shall meet the terms of Rhona Williams ~ill for park and/or cultural use. 3. Term: 2D years .. <. Rent: A mi~imum rent has not been established. The amount of any monetary rent will depend on the nature and value of the irnproveme:1ts ana the public benefit (non-~onetary considerat:on J proposed. 5. Improvements to be ~ade by tenant: Required improvements are those improvem~nts ~hich are identified and sho~n in the plans approved by the City during the option period. Required "---""iit". - 6. improvem.ents include removal of the underqround tank ana any necessary clean-up associated 'With the tank and any necessary asbestos abatement or c:acmtainment. ~inirnum cost of improvements is $150,000. Construction or additional alteration by tenant subsequent to the initial construction: Tenant may not make any changes to the property without prior city review and approval. 8. Maintenance and Repairs: Tenant shall be rc:.sponsible for all l:Iaintenance and repairs in accordance ~ith the City-approved maintenance program to preserve the historic features of the house and qarden. 8. Assignments -Any assignment O~ encumbrance of the lease must receive pri~r City approval. 9. Taxes and Assessments, Utilities: Tenant shall be responsible for all costs for utilities and taxes and assessments for the property. 10. Insurance! The -renant shall maintain insurance providing t~e following limits and coverage: pOLICY MINIMt,"M LIMITS OF LIABI..1.I.::X a. b. c. d. WORKERS' COMPENSATION Statutory COMPREHENSIVE Bodily Injury AUTOMOBILE i...IABILITY Pl"Operty Darlage including O\ined, Hired, and Non- Owned Automobiles COMMERCIAL Sodily Injury GENERAL LIABILlTY including Property Damage Products and and completed Operations, Broad Form contract'Ual and Personal Injury $1,000,000 ea person $1,000,000 ea occu?".ence $1/000. QOO E:a occurrence $1,000,000 ea person $1,000 I QOQ ea occurrene!.! $1,000,000 aggregate $1.000,000 ea occ:.J.rrence FIRE AND DITENDEO COVERAGE Not less than 90% of replacement cost. Attach::nent B On January 13, 1992, Council directed staff t.o prepare an RFP and option. to Lease for the Rhona Williams site 'With the following requirements and conditions: Lease Terms! The lease term would ~e for 2~ years; the rent is a bid item and could include both mo~etary and non-~onetar)'/public b~n~fit considera.tion. The tenant 'Would be responsible for all site improvements and maintenance (including all of the tank removal costs and any necessary cleanup costs) I ~o~ld pay all utilities and provide in-surC',nce coverage as required by the City's Risk Manager. Option Terms: The option period W'o1Jld be for two years, dut'"ing which ti:me the optionee would be required to do the following prior to exercising the option: 1) receive city approval of ~ny required zone change or conditional use permit required for t!-Ie proposed use; 2} receive approval of ani' proposed impr-o'/ement and/or landscaping plans from the Historic Resources Board and the Ar~hitectur-al Re",ie'W Board and obtain all necessa.ry city building permits or any other permits required to develop or operate the proposed use; J) satisfy the City Manager that sufficient monies will be available too implement the plans approved by the City and complete the prvposed construction; 4) submit to the city the security deposit required by the lease; and 5) reimburse the City for the cost ot the soils investigation in the amount of $7 ,850. Request for Proposals: The Request for proposals will include the fol1o ... r ing information and requirements: 1. A description of the historically significant features of the property and requirements and guidelines that the city will require for the preservation and ma intenance of the property. 2. A description of the improvements and repairs required to be pe~formed by the successful proposer and cost estimates for the ~ork required. 3. proposers lord 11 be required to sub':!li t a plan for the care and maintenance of the grounds ana house. This ~ould be a bid item along ~ith the proposed considera~ion (monetary or non monetary) • 4-. proposers vo'ill be required to explain ho.· the proposed use -....... _--------.-.... -----~. -. ....•... '; , ~- I \ ~ , , 5. -~-- meets the restrictions on the use of the property under Rhona Williams' will and provides public purpose or be~efit. As req'..Jired by Policy and Procedures, 1-11 (Leased V::e of City Land/Facilities), propose::-s .... ill be required to provide the following information and consideration will be given to this inforIll3tion in evaluating proposals: lJ the extent t,.:' w-hich the proposed use satisfies a public need; 2) the consistency ot the proposed use .... ith City goals and objectives as set .forth in the :comprehensive Plan and zoning ordinancej the impact of the proposed use on the ne:gtIbcrhood, community and environment; 4} the degree of public access and fees to be charged to Palo Al tQ citizens; 5) the monetary and. nonmonetary consideration to the City; and 6) the history and assessment of the proposer's ability to ~arry out the construction and operation of the facility and services as proposed. The es-timated time schedule incorporated into the J21nuary 13, 1992 motion approved by Council is as follows: January/February 1992: Conduct evaluation of historically signfificant features and prepare RFP. March 1992: May 1992: June 1992: Hold a public hearing as required '.Jnder Policy and Procedures 1-11 (c) (l) (b}; return to council for approval of the RFP and if approved~ begi~ solicitation of proposals. Proposals due. Return to Council with recommendation for the successful proposer i a .... ard the Option to Lease. \ ;r' .......... :.' " 1>" i:!:l:~ Rt.ona iJi 11 iarns PrOpErty L .. . .. • • t i , INFORMATION FLYER EUKKARY OF L~SE OPPORTUNITY WHAT IS IT'? "WliERE IS IT? WHAT IS THE ZONING? WHAT USES WOULD BE PERMITTED? INSPECTION OF PREMISES: An opportunity to obtain a 2-YE:ar option to lease ~ith a 20-year lease to develop and operate a cUltural a~d/or park facility on city-owned property consisting of a 4.400 square toot two story house on twa parcels, totaling 30,000 square feet, commonly known as the Rhona Williams property (see attached maps). At 351 Horner Avenue, Palo Alto. The property is currently zoned RM-30 (Medium Density Multi-family Residential) . Cultural and/or park use. Depending on the nature of the specific us~, a conditional use permit or zone chdnge may be required. The property for lease wi 11 be available to view Monday through Friaay, 8 a.m. to 5:00 p.m., until June 1, 1992. Call Janet Freeland at (415) 3~9-26€2 to schedule an appc-.intment. WHEN J...RE PROPOSALS DUE? proposals are due before ):00 p.m. IS THERE A MINIMUM BID? HOW DO I GET A PROPOSAL PACKAGE? .ll.FC'PiRFCP Tuesday. June 2, 1992 and should be SUbmitted to: Manager, Purchasing/Contract Administration City of Pale Alto, First Floor F.O. Box 10250 Palo Alto, CA 94303 The minimum purchase of $5,000.00. acceptable the option bid for the to Lease is If. after reading this flyer, you WOuld like to ob~ain the request for proposals and propos~l 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 1 - :1. !iinBRAL DRSCRI~~ION OP PROPERTY' IM:t'ROV_EM~1ITS AND SIT8ROO1r(DINGS The property (er lea!:>e consists of two parcels (see attached site ~ap). Tna west lotIon which the two story residence is located, is 100' by 210' and the east lot js 50' by 180'. Total land area is 30. 000 square feet (.69 acres). Both parcels are c~rrently zoned rnulti-fa~ily residential (RM-30). The t.'w"O stor:i" residence ..... as built in 1901 and :is listEd as a Categ?ry 2 Significant HistQri~ Building on the City of Pale Alto Historic Building Inventory. The house is two stories with 2,556 square teet on the first floor, 1,826 square feet on the second floor, and a 600 square foot oasement. There is a detached garage and carport located at the rear-of the property. A soilsJtarik investigation report has revealed the existence of an unde~9round fuel tank and associated piping ~hich ~ill be the sole responsibility of the tenant to remove. The soils investigation indicates it is possible there is some contamination trom the tank on the site; hO'lllever any required clean-up also will be the sole responsibility of the tenant~ The house is in generally good condition. Cunversion to non residential ~ses ~il1 require that the house be upgraded to ~eet current code requirements including some structural imp.I'ov'2l!!ents r handicapp.ed access, etc4; however, the Historic Buildinq Code could modify some code requirements. The site is adjacent to residential use on the north and ~est, medical office use on the east and to the south across Homer Avenua is the Palo Alto Medical Clinic. xx. BROHA ~ILLIAMS PROPERTl -REOUIREP USES • IXP'O~~~ A. GENERAL STATEMENT OF INTENT OF REQUEST FOR PROPOSAL kfCI'rllFCP L 'rhe property ... as beq'..lcathed to the City by the late R.,.. ...... ona Williams. Ms. williams specified in her 'Will that the p.::-operty be. use.d for park and/or cultural purposes, and it is the City's desire to lease the property under a long term lease to a group or organization which could improve. maintain and operate thp. propet"ty for a use which vould fit the strict ter~s of Ms. Williams# ~ill! benefit the City and co~unity as a ~ncle, and preserve 4nd maintein the historic significance of the property~ The City $ee'lcs a long term tenar.t tc.> improve, maintain and operate the property so that no cost is incurred by the City for operating or upgrading the facility and so t,hat public benefit is generated for the City. 2 -I .... B. RHONA WILLIAMS PR0PFRTY -REQU1RE."1ENT::; FOR USE Ms. Williams' \l:ill provides tt.at the property s:hall be 'lsed for park and cultural p\J.rposes and sh~ll not be sold by the City, nor leased for any parking lot or purely comrner~ial venture. In her ~ill Ms. Williams also recommends consideration of one or m~re of the following usas: 1) a general science library; 2) a park; or ~} a center tor cultural purposes. She further suggests th~t as m~ny of the existing trees as possible be r~tained on the property a!1d tha'C the land surraur1ding an)~ biJi Iding be maihtained as a small park. The ~ili also requires that the property be na~ed as a memorial to Ms. Williams' parent.s, Dr. Tnot';"as M~ willia:ms and Dora Moody Williams. The terms of Ms. Williams' will generally require that the property be used for park or cultural purposes or SOlt.C? combination thereof. For p'J.rposes of tnis Request for Proposals, park use ~ill be as defined under case lalol, 'Wh ich in general means a use that furthers the public's r€creation or enjoyment of the land and is not limited solely to use by particular individuals or groups. CUltural use will be as co~only defined in the dictionary. It 'Will be up to the proposer to sholol how the proposed Llse meets tr.e rest.rictions on the use of the property under Rhona Wi lliams' ili'ill. The City will also req~ire that the use of the property be of benefit to the city and co~~unity as a whole, that it is consistent with City goals and objectives as set forth in the Comprehensive Plan and zoning ordinance, and that the impact of the proposed use will not be detrimental to the neighborhood. community and environment~ C. REQUIREMENTS FOR IMPROVEMENTS, Jo'.AI.NTENA..~CE AND HISTORIC PRESERVATION 'FC>"IU'Cl' The tenant improvements necessita.ted will be responsible for all and maintenance require:d by the by the proposed use~ property City or Improvements and maintenance required by the city are as fol1oiiS: 1. During the term of the option, the optionee will be responsible for the carel maintenance and security of the grounds and house (interior and exterior). The plan for the care, maintenance and security of the grounds and house IS a bid it~m along ~ith the proposed consideration ,monetary or non-monetary) 4 3 --",.,,., ...... __ .---, .. ,' <I> , i 'j , j i I ~,~.A:L ~,'~- J~r ":-:2:"-,"': 2. 4. Toe tenant will be responsible for reimbursing t~e City tor the cost of the soils investigation ($7.850.00) . The tenant will also be responsible for removing the underground fuel ta~~ (currently estimated to cost $12,000 to $19,000) and the cost of any associated ~oils clean-up, if necessary~ In addition, Attachment A lists the minimum improvements and estimated related costs that the City 'Will require for any use. The city 'Will require that changes t'=l the envelope O!tnd form of the house be kept to a minimum, that the floors and woed casawork be preserved and that the gardens be re5tored. Additional information concerning historic preservation of the property is included below. T~e total estimated cost for required improvements describe.d in this paragrapr~ and in Attachnent A is $11a~520 to $125,520. Additional significant improve~ents and modjfications that will be necessitated by a non residential use of the property are not possible to determine precisel)" without knowing the nature of the specific use. However, Attachment B identifies in a general way the improvements that wi 11 be required for conversion of the property to a non residential use. Because the property is historically significant, the Historic Building code could modify some code require~ents. The property is architecturally and historically significant, and the city desires to preserve as much of the historic significance and integrity as possible. The City has obtained an Historic Resources Report ~hich describes the historic and architectural significance of the structures and grounds j and suggest".s guidelines and standards for potential exterior and interior modification(s) in order to assure appropriate prcservat iOl' of the property. This report is Attached as Exhibit III to the option agreement included in the proposal package. It will be up to the proposer to shc~ ho~ its proposed improvements and modifications to the property meet the guidelines and standards for historic preservation and rehabi li tat ion of the property as set forth in the Hister ic Resources Report. 4 - 1"11. BtTJQU.Jiy or LEASE AND OPTION TO ___ ~_E.AU A. OPTION REQUIREMENTS The successful propose:: '\oIil1 be a .... arded a 24-month Option to Lease the property. As reflectl8d under the form of the option to Lease Agreement, during the option period the optionee must care for, maintain and be respo1"lsible for security of the house and grounds, maintai.n insurance coverdoge a::ceptable to the City. reimburse Lhe city fer the cost of the soils report ip-the amount of $7,850.00, obtain plan approvals and permits required for the proposed i!:'l.provements and ;,odifications to the property, including the removal of the underground fuel tank, and obtain city app~oval of any zone change, conditional use permit or any other discretionary approv21l that may be required for the proposed use. City review of optionee'S plans .. ill include review by the Historic Resources Board, A~chitectural Revie~ Boerd, Planning cOil~ission (if applicable) and city Council of bo'th interior and exterior modifications to the house and landscaping pla~s. The option may be exercised at any time 'Within the option period that the optionee has satisf~ctoLily met all of the option requirements. B. OUTLINE OF LEASE PROVISIONS Some of the Lease provisions are highlighted below. This information is not intendeJ to be definite but is intended to provide a basic summary of the major lease provisions. It is the responsibility of each prospective tenant to review the request for proposals and proposal package, and the document.s contained in the package, including beth the form of option to Lease document and the form of the Lease, examine the economic environment, and make such further investigation a~ necessary to insur,=, that he/she full:,.' understand the nature of the under-taking and tbe obligations he/s!'.e ..... ill assU.rne if the proposal is accepted. The for~ of the legal documents may also be subject to change and fUrther negotiation with the City, once t.he successful proposer is chosen and based on the proposed use of the property. 1. Term of Lease: 20 years. 2. Required use: cultural or park ~se or some combination thereof, based on the restrictions in Rhona Williams' will. 3. RH.i'iRi-Cl' Rent: A minimum rent has not been established. The amount of any monetary rent ~ill d~pend on the nature and value of the improvements and the public benefit (no~ monetary consideration) proposed. 5 - 4. Improvement& to be ~ade by the tenant: Required improvements are those improver.lents necessary tCt accommodate the proposed use and to pt'eserve the historic integrity of the house and grounds and those ~hich are identified and shown in the plans approved by the City during the option period. The tenant shall also remove the u!lderqrclJnd fuel tank and perform any associat.ed cleanup or remediation that may be necessary as a result of the prt!sence of the tank. In addition, the city is aware that the hea-t:ing ducts located in th.e l::asement of the house located on the preoises contain some level of nonfriable asbestos-cor:taininq material. '!'he tenant shall be respon$ible for any asbestos abate~ent or containment to t~e extent required under all applicable building and safety codes and regulations; including any applicable asbestos notification requirements under California Health and Safety Code section 25915 et seq. 5. Insurance: The tenant shall maintain the following insurance acceptable to the City in full force and effect throughout the terms of both the Option to Lease Agreement and the Lease:. The policy or poliCies of insurance maintained by the tenant shall provide the following Un .. its and coverage, .rith the City bein;J named as addition.al insured under the policy or policies~ FOLICY MINIMUM LIMIT? OF LIABII,IT'i a. o. c. WORKERS' COM.PENSATION statutory COMPREHENSIVE Bodily Injury AUTOMOBILE LIABILITY property Damage including OWned, Hired, and Non- Owned Automobiles COMMERCIAL GENERAL Bodi ly Injury LIABILI'r¥ including property uarnage Products ami and Completed Operations, Broad Form Contractual and Personal Injury 6 $1,000,000 ea person $1, ODD. 000 ea occurrence $1, GOO, 000 ea occurrence Sl,CCO,OOO ea person $1, ODD, 000 ea occurrence $i,OOD,OOO aggregate $1,000,000 ea occurrence d. FIRE AND EXTENDED COVERAGE Not less tha~ 90% of replacement cost. 6. Assignment~ Any ~5signment or encumbrance of the lease must receive pr iot" City approva 1. 7.. Utili ties: The tenant shall be responsible for all utilities supplied to the pre~ises. 8. 9. Maintenance " Repair: The tenant shall be responsible for all mai ntenance and repairs in accordance with a City-approved maintenance program to preserve the historic features of the house and g3rden. Taxes and Assessments: The tenant shall be responsible for all taxes and assess~ents (including but not limited to possessory interest tax) .. 7 • . :r. Attachment A REQUIRED IMPROVEMEl ;S Termite Work Landscaping Garage repair/renovation Roof patching & skylight flashing Paintinq exterior & interior strip/varnish ","cod floor Clean and oi1 finish ~alls Ceiling & ~indow repairs Door , driveway repair Vinyl flooring Misc. electrical SUBTOTAL + 10-\ TOTAL 8 ESTIY.ATED COST $10 1 000 20,000 2S,OCCI 2,500 13,000 5,000 5,000 2,2QO 2,000 ',ODD 1,000 8,970 $98.670 )' t I ~ Attachment B ADDITIONAL GENERAL IMPF.OVEMENTSjMODIFICATIONS REQurRED FOR CONVERSION TO NON-RESIDENTIAL USE 1. Frovision of on-sit~ parking. The number of required spaces is determined by use. '2. Installation of a commercial fire sprinkler system. J. Electrical system brought up to code (Historic Building Code could modify some requirements) . 4. Addition of second exit from second floor. 5. EXisting railings a.t Do'th sidE'S of the main stain.ray must be extended. 5. The building and at least one toilet room must be accessible to the handicapped. 6, First floor joists and foundation plates be bolted to the concrete foundation and there be positive connections at beam to post and piers. 7. Addition in the basement of a one-hour fire ~esistive construction ceiling and either a self-closing door or draft prevention device~. 9 .. lOC.,e,TiOll '. L -" ~AP --_ .. -~""I...O ~TO CIT,. I..WJ,..", -.--_ .$1· ....... rT ..... C~ ~ N\ATIIl¢ CQU"'tTY ~INE. Homer AvenlJe '!L·, .'<'<:: L ~l , \ _J .... Rt0UEST FOP PRO?-Y_~A~$_ A.N.Q PROPOSAL PACKAGE RHONA WILLIA..:"1S PROPERTY This Request for proposals and Proposal package includes a summary ot the proposal requirements and proced~res, and the proposal Forms (proposal, QU'2stionnaire. Option to Lease Agreement and Lease.) The Informatio~ Flyer attached to this Request for Proposals (the ~Information Flyer~) is hereby incorporated by reference into this Request for Proposals and Proposal Package. PROPOS;r..L REQTJIJ3.~MENTS AND PROCEDURES A~ HOW TO SUBMIT A PROPOSAL In .order to submit your proposal you must: 1. Provide a written description of the proposed project as indicated in the PROPOSED USE, HISTORIC PRESERVATION AND DEVELOPMENT OF PROPERT"t' (Attachment A) • 2~ C.omplete and sign the attached PROPOSAL PACKAGE and PROPOSER'S QuES~IONNArRE (Attachment B) f and attach the Option to Lease and Lease documents (Attachment C). 3. Complete and sig~ the attached PROPOSED PHYSICAL CHANGES TO PROPERTY and ENVIRONMENTAL ASSESSM~~ WORKSHEET (Attachment D). Attach a $5.000.00 PROPOSAL DEPOSIT jn the form of a cashier's check, .or certif ied check made payable to: Cit}, of Palo Alto~ 4. Return the completed prcposal in a sealed envelope before the due date and ti~e to: 5. Manager, purcnasing/Co"ltract AdministraticI'l City of Palo Alto, First Floor 250 Hamilton avenue P.O. Box 10250 Palo Alto, CA 94303 Hark the envelope: 3:00 p.m." ItRhona WilliarT'.s -opening 6/2/92. proposals are due before 3:00 p.D., Tuesday. June 2, 1992~ To be considered, proposals must be r-9ceived pric·r to this time. 1 c~~~;,; :~i~-~- - B. , REQUIRED PROPOSAL INFORMATION A!'iD EV".LUATIO~ OF PROPOSALS prClpcsal documents shall be revie'..wed and proposers ir.tervieW'cd by a committee made up 0-: rep~esentatives of City staff from Planning, Real Estate, Co~~unity Se~vices and a member of the Historic ResC'.l.rces Board. Rev ie·..., of proposa 15 sha 11 consider '!:1any factors, including but not limited to the following information ~hich reust be provided in each proposal: 1. The extent to · .. 'hich the proposal satisfies the conditions of P~ona Williams l ~ill, ~hich restricts the use of the property to park ar.d/o!' cultural purposes, and the extent to which the prcposal provides a public purpose or ben.e.fit. 2 _ The extent to which the proposal satisfies the guidelines and standards for rehabilitation for historic preservation of the property as set out in the Historic Resources Report attached as Exhibit III to the Option to Lease A.gree"ment. 3. The e~tent to which the proposal use satisfies a public needi 4. The consistency of the pre'posed use with existing City goals and objectives (set forth in the Comprehensive ~lan, Zoning Ordinance, and Municipal Code); 5. The impact of the neighborhood, the environment. proposed use upon the community generally, immediate and the 6. The history and assessment of the propGsed group's abi 1i ty to carry out the. proposoed improvements and o;:>erate the facility and services as proposeci 7. The conside=ation (monetary and non-l!'.o!'lotary) to be provioed to the City . .s. The degree of public access, i.e., the numbers of people~ especially city residents and ta~payers, that will be served by the proposed use. 9. The fees that ~ill be charged to Palo Alto citizens~ if any. 10. A five-year pro-forll1a financial analysis of the proposed use, setting forth the project revenues and expenses for that period of time. 11. Evidence of the prapose:-~ s ability to finance. or to obtain financing for the r'equired improvements. 2 • . . All proposals, together ~ith the evaluation corr~ittee's reccmmendations for a successful proposer, .. ill then be foro.rarded to the City council for its selection of the successful proposal. The City Council reos:erves the right to reject any and. all proposals or to accept that proposal which .. in its opinion, '.:ill best serve the public i~terest. c~ MINIMUM PURCHASF, FRIC!!: OF' THE OPTION 70 1,£ASE The zr.inimum bid for the p!.lrchase price of the Option is $5/000.00. A required non-;I]onetary bid item is a proposed plan for the care and nainte~a4ce of the property during t~e option period. 3 • L7 PROJ[CT: PROJECT NO', FROPOSAl PACKACE (With Optior to lease) THIS IS A PIl!JPOS,4l TO ACqUIRE A~ OPTJOII TO LEASE fOR ---_._.-.. _---- Name: Address: ----.- PhOrli! No. Hpme ( Work , The undersigned ("PROPOSER"), hereby submi ts a proposal to the City of PaTo Alta, CCITY") to acquire a lease more fully descrihed in the Optian to lease Agreement (ATTACHMDH C) and its exhibits, in accordanc.e .. -ith the t2rms, covenants, and conditions contained in this PROPOSAL and in He Option to Lease Agreement. A. PROPCSER HERES', PROPOSES THE FOLLOwfiIG: 1. Manetary Bid Items: a] P~OPOSER agrees to pay to CIT~ as the pur~ha~e price of the option, as set fortn ir: Clause 3 (PURCHASE PRICE OF OPTION) of the attached Option to l2ase Agreement: (Amoi.Jnt in Numbers) b) Addltlcnal monetary bid items (inclUding propDsed rental during lease term, if any): RfALEST",TE 7rMSPIIO"2 " J , 1 j 1 I I I B. 2. Non-,lItonetary Bid It~ms {t~es.e must include phn for care and maintenance:lf the house and grounds during optian period and rna)' be deseri bed in Attachment A, PROPOSED US" PRESER~ATION AND O[V£lOPM,NT Of PROPUTy): TERMS AND CQNRIT~~ 1. PROPOSER has carefully read and fully und2rstands this PROPOSAL cccumer1t and the Option to lease t>.greement attached to this PROPOSAL, including its exhibits. 2. The Option to lease Agreement, an~ its exhibits, is an integral part of this PROPOSAL and must be attach,d to this PROPOSAL. 3. PROPOSER warrants that it has the capabil ity to sL1ccessfully undertake and complete the responsibilities and obligations of OPTIONEE and TENANT conta~ned in the Option to Lease Agreement and its exhibits. A PR'JPOSER's Deposit in the sum of (SS,OOO.OO), in the form of • Cashier's payable to the City of Palo Alto, must PROPOSAL and is att,ched hereto. Fi -..e Thousand Doll ars or Certified Check made be subrni tted .,; th this 5. The PROPOSER's Deposit .ill be held by CITY as a gu,rantee securing the obligations PROPOSER agrees to assume in this PROPOSAL. In the event this PROPOSAL is accepted by CITY and PROPOS[R fails to meet the tErms here~f. PROPOSER agrees that said sum repres~nts a fair and re~sonab1e estimate of ClTV's cost 1n preparing and solicltirog this offering, and PROPCSfP. further agrees that sald Sllr!! shall be retained by CITV as compensation for thesE' costs. Upon execution cf the Option to lease Agreement, said sum shail, at PROPOSER'S option, be r~turned to PROPOSER or shall be cre-dited toward tile Security Deposit reqlJlr.ed under the Option tc Lease Agreement. PROPOSER's Deposit will be returned to each proposer not selected by the C;t1 upon City's execution of an Option to Lease Agreem~nt with the successful proposer. 6. Thls PROPOSAL may be 'oOIHhdrawn at any time prior to t~e time set for opening the proposals but may not be withdrawn aft€r the time set for such opening. j ,e., Jun~ 2, 1992 at 3:00 p,m. 7. Within ten (IO} days after notification of the acceptance of this PROPOSAL by CITY, PROPOSER 111111 execute copies of the Option to lease Agreem~nt in duplic~te a~d deliver to CITY the executed copies of said agreement, the required Security Deposit and the balance of the purc~ase price of the option as set forth in the Option to lease R(Aj, EST" TE. 7 tMSPf\OP;2 2 . >.;.,. '.~}) ·~~~r·:· - - 9. J" l' • Agreement. 'Jith,n ten (l0) days after ex~cution of the Option to LHse Agreemant by on. PROPOSER sha~l pay (lTV the additional amount of Seven rho~sand Eight Hundred and Fifty Dollars (57,SSe) to reimburse CITV for the cos! of t:,e jjndergro'Jnd fuel tank invEstigation for the property. is set forth in the Option to Lea~e ,A.greement. PROPOSER has fully completed the Proposed Use, Preservation and Development of Property {Att<lc~.l11ent A). the Proposer"s QUHtionnaire (Attachment S) and tt'le Proposed Pr:ysical Change to Propert.v and Environmental Assessment Worksheet {Attd.chment DJ. Atta:hment A, the complete~ Questionnaire and the Option to Lease Agreement with ~ts exhibits, ~ncluding the Lease (Attachment t), and the Pr~posed Physica1 Changes to Property and En .... ironmental Assessment '~crkshep.t (Attachment D), are attached to tt,is PROPOSAL together with any appropriate or requested supplemental materia). PROPOSER represents that all of the l:iformation contained in or supplementing said Questlcnnai~e is true and correct to the ~est of PROPOSER', knowledge. Hi. (In' reser\les the rlght to reject any or all PROPOSALS and to accept that PROPOSAL .... hid will, in its opiniDr., best serve the public interest. 11. By submission of this proposal, PROPOSER acknowledges and agr-ees that the CIn has the right to make any inquiry or investigation it deems appropriate to substanUate or swpplement information contained in this Questionnaire, and authorizes the release to CITY of aliy and all information sought in such inquiry or in .... estigation. 12_ A1TACKME.NT A (Propos€d Use, Preserliation and DeveTopment of Property), ATTACHMENT B (PPJposer', Questionnaire), ATTACHMENT C {Option to Lease Agreement} and ATTA~HM£NI 0 (Proposed PhYSical Char:ges to P~o'perty and En .... ironmental Assessment Worksheet} are attached to a~d by this r€ference made a part of this PROPOSAL. 13. PROPOSER ackno~ledges and agrees that the Option to lease Agreement and its exhibits. including the lease. ~ay be s~bject to change and fllrther negotiatior, wit~ H,e City, based on the proposed IJse by the successful PROPOSER for the pr~pertj_ PRO?OS[R lP~ease s1gn) (C crpor ate---seilT-- Date R£ALEST ATE 1.'MSPROP.2 3 Dt:~.".c ' •• <.,; . ~ -' .\ -, A'l''I'J>~CHMEN1' A PROPOSED USE 1 HISTORIC FRESERVATION AND DEVELOPMENT OF PROPERTY PROPOSED USL HlSTORIC_ PRE5bIDIlll!t1.ND DEV£lOP!i~~LoE PROP<RTY Prov~de a description of yOIJr ~ro?osed use ar,d improyem~nt of the property. This desc:ri;>tion can> be of iiny lellgH: and m"\Jst be includ~d as Attachment A to th~ prDposal. He description must include all :Jf Ule fenewing i'1formatiof,: 1. How your proposed Lse satisfies the conditions of Ms. ~jll'amsj ~il1. as ~tated in the attached Infcrmation Flyer. 2. How YOL!r proposed use will S3tis-fy iii p .. blic need and benefit tne City an~/o~ community. 3. How your proposed improvements or 'T1odificatiG~,s to the property satisfy the htstofic presen'atlon guidelines and standards for rehabl1itation as set out in the Historic Resources Report which is attached is Exhibit If I to the Option to lease A~reement. (I~ particular~ see Part One, Sec~jon5 VI and YII and Part Two, Section IV of the Report.) 4. A description of the pla~ for the car'e, maintenance and security of the gr-ounds and house (interlor and exteriDr) during the option period, as required under Section 11 (C) (lJ of the Informatfon Flyer. S. A descri pti on of the i mprovemen ts ilnd repa i rs to be pe rfo rmed to the property as required under Section II{C)(2) and (3) of the Information Flyer, 6. All of the informat~on required t.:nder Part B (Page i' of the Request for Proposa's and Proposa' Package, "REQUIRfO PRGPOS.4L INFORMATION AND EVALUATION OF PROPOSALS,' ~T'TACRMENT A 1 • ATTACHMENT B PROPOSER'S QUESTIONNAIRE PRQPOSE8' s DUrST lDNIIA! R{ AIl lnfornation requested in this questio~t1aire MUST be furnished by the PROPOSER, and !'tUST be su.bruitted with th~ PROPOSAL. Statemel1ts must be complete and I::cclJ.rate. Omission, irraccura::y, or misstatemer:t x.-O,y be cause for rejection of this PROPOSAl. How did you learn of thjs PROPOSAL cffering? 1. Recef~ed City direct mail flyer 2. Word Of mouth ( 3. Read abotit offer 1 r1g in following newspaper, magazine or: newsletter; I. PRn~OSfR Name of PROPOSER exactly as !t appears on the PROPOSAL and as it will appear on any proposed agreement wit~ the City; Address of PRGPOSER for purposes of notices or otrrer communicat;arl reTating to the PROPOSAL: T.l.pno •• Number of PROPOSER: PROPOSER intends to operate as a Sol~ Pro9rietor~hip Corporation ( ): JOint Ventur~ ( ); 01"" _____ _ ~nACKMENT B 1 ); Partnership l; • I.. SOLE PROPRIETORSHiP STATEMJPIT If a S~le Pr~prietorship. furnis~ the following: L Na:ne 1n fi,,;lj~ ----,_._- l", Address: Blrthdate: P1ace of Birth: 4. Califcrn'ia Driller's lie. No. Is proprietor doing business u~der a fictitious buSiness name? If so, furnish e ..... idence that proprietor is autt,'Orized to do business under such fictitious. business name (e.g.) notice publi~hed in newspaper of genera1 circulation; no. of filing with a County Clerk). III. PARTNERSHIP STATEMENT If iI Partnership, f;Jrnish the following: L Oate of Ol'ganrzation? 2. ~eneral Partn~rship ( Limite~ Partnership ( 3. Statement of Partnership recorded? Yes Date Book Page No County 4. Has the partnersn;~ done busir.ess in Santa Clara County? Yes No II.EALESi'!'T~, 1/TO!JER6 When? ATTACHMENT B 2 --.--._- • . " I i .-----.. ".,.. .. • Name~ address, and partnership share of each general partner. S. Furnish t~e birth date, place of birth, a1d California Driver's License number of each person shown abc'I'e IV. CORPO~IloN STATEMENT If a Co(poraticn~ furnish the following: 1. 2. When incorp~rated? Wh~re incorporated? ------- 4. Is the corporation authorized to do bu~iness lr Cal1forn~a? Yes No If so, as of what date: s. HIe n:;rparatic!l ;S held: Publiciy Pri'o'ately 5. If publicly held, t',ow and 'Where is the stack trllded? ------------------- --------- ---------- ~TTACH~ENT B 3 ----- - 1. L1st the following: Autl}ori zed a. N\Jmb~r of ,rot ing shares: ----------~ b. NU;l1ber of non-voting stiares: ---_. , . Nu~ber of s.harehold~r-5: ----- d. Value per share of common stock: Par $ Book $ Market $ ___ _ B. Furr.ish the name, title, address, and the nu~ber of voting and non-voting shares of stock held by each officer, director,and principal s:'lareholder. 9. Furnish the birth date, ~'ace of birth, and California Driver's licertse number of each perso~ sh~wn under Item 7 above. 10. Attach a copy of Certificate of Ggod Standl..r1.S obtainable fram Ca11fornia Secret~ry of State. ~. NON-PROrlT CORpQRATJON STATEMENT 1. If a non-profit corporation, furnish o~e copy of the forlowin9~ a. Articles of incorporation b. Bylaws c. A le>tter from the Internal Revenue Service stating that tr.e orgar,ization is ta)( exempt ufl,jer Section 501(cJ(3} or lOl(b} of the IRS Code. A til-ex.mpt st,tu. unaer Siction I70[b) or S09[a) II also acceptable. The IRS letter must contain thE proper name and address of the organizat1on, or a copy of the change notice which has been forwar<ied to them. d. A letter from the State of California stating that the organization is tax exempt. 2. State the missiofl of the organization: -.--_._------ ilEAlESTATE ~ITGIIER5 ATTACHMENT B 4 ~ . j ,. i 3. 4. 5. 5. Please attach an organlzatfcn chart show1~9 Board of DirectDrs, members, if any, management and st~ffing levels . Please ~nclude a m€l'!1b~I'ship list of -"our EO:trd <:if Directors, their City of residence, ~ccupatjons. ~nd dates of service on the B~ard. How cften does your Board meet? ___ _ W~at was the average attE-ndltnce at Beard meetings last year? V!. JOllff VEHT~R~.STATEMENT If a Joint Venture, ar.s~·er the following: Date of Org~nization I. 2. Joint Venture Agreement recorded? res 3. Has the Joint Venture done business in Santa Clara Co~nty? Yes No lrihen? --_._ .•. _---- 4. Na~e and address of each JDint Ventu~er: 5. Furnish the birth date, place of birth, arid California Driver's license number of ea-::h person or principalS or offjc~rs of any entity shown under Item 4 abo\le: 6. Attach a complete c.opy of the JOint Venture Agreement and any am(!ndments. REA' .. ESlI.TE ,i/lOiJ:Jl:B ATTACHMENT B 5 VII. [IN~N~!Al DATA A. FINANCIAL STATEMENT Attarf1 a cnmplete fiscal report, prepared 1n accord.:mce with generally accepted ar.ccamting principles, reflecting your current financial condition and that of the previous fi~e years. The report mu~t include a balance sheet a"d inCOfll'2 statement. You rnJJst be prepared to substanthte all infor;'J)ation shown. B. S~RETY !NfDRMTlON Have you ever applied for and obt~ined a bond? If so, provide details of most recent bond. Ha'¥e you ever had a blmd Dr surety denled. canceled or forfeited? Ves { No 1f yes, attach a statement na~ing the bonding company. date. amount of bond, and reason for such cancellatio~ or forfeiture. C. BANKRUPTCY ll<FORM~TJON Haye you ever filed bankr~ptcy or been declared bankrupt? Yes ( ) No ( ) If .res, give details. state date's.), court jurisdiction(s), case docket number(sJ, amount of 1iabilities, and amaunt of assets, ATTACHMENT B 6 , D. PROPOSED MET~DD OF ..£1..~ENC!NG REPA1RSIlM?R01IMfN[SI'JSElOPER".TJDN The d~velJpment and op€'ration to which this prop~sal reiates shall be financed in the following rnann~r: E. fELONY INFORMAJloli t-Ia\'e you or-arty principal) or-cfficers of the partni:r.s.hip or offlcers or directors of t11e c.orporation, as app"ilcable, e .... er been convicted of a felony? Yes ( No ( If yes, please state date(s), court location(s) a;'ld details of conviction. ~EALts:A1E 7/iOIo'[Rtl ATTACHMENT S i Vii!. EXPERIENCE ST~IfMENT Describe in detail the duration and extent of jour experfer,ce with speCial emphasis. upon experience-directly related to de .... elopment and/or management of the type of operatlon pr-::posed for thi! pf"oject. .G.ls::l descr1be, ir. detail, the perti~ent ex,oerief1ce of the persons wt10 "-'ill be dired1i lrl'.olved in operation and/or management of the operation proposed for this project. Incrude experience related to h1storjc preservation and rehabilitation. REA:.E5 rA rf, 7 / rol.l;~~B OJ. ATTACHMENT B 8 / , .- list at 1edst (0\.1'1" persons t;.r firms. with wl'1om you r'Qve conducted bi.l.sir'iess transactions during the pas~ three years. At Teast two ref~rences named snou1d have knowledge of your abn Hy to f"'Ind,ilce the !In.)?os~d prcj~ct and your debt payment history. At ieast two r.eferences. shou1d !"lave knofo/ledge of your abilities to operate the proposed faci1ity. ---_._- Firm: -----_ .. _,. ------ Title: --'--"--' Address: Telephone: Nature and ma9nltude of p~rchase, sale, loan, business association, etc.: REfERENCE NO.1 Name: Firm : Title: Address: ------ Telephone: hature and magnitude of purchase, sale, loan. buslness assoclatjon, etc. All AtHMENT '8 9 IX. REFERENCES List at lea~t fowr penJfl~ or firm~ with whom JOU hii'ie conducted business tra~sattions durj~g the past tMree years. At Teas: two references named should ha:v~ k.nowleoge of jOt!r abH i-t.y to fl:rlance Uie prQPDs~d prujec.t and your debt payment !'Iistory. At lea.:;t tw:, reference~ should have knClwTedge of your abilities to operate the proposed facility. Nal'Jle: firm: Title: Address: ---------- z -lp ______ _ Telephone: Nature and masnitude of purchase, sale, Toan, business association. etc.: REFERENCE NO. 4 Name: Ti t1 e: Address: Te1ephoT1f:1: ----.. _---_ .. - Nature and ma9~itude of purchQse, sa1e. 1oan, bU5iness association, etc. ATTACHMENT B 1 a , Describe your specific plari fer' develcp~.ent and/or cpsration of the proposed facl1 ity. ~EA~ES7ATE, 7(TO\;[RS ATTACHMENT B 11 .. -,--.---"-.;.-~-.. -... ..... :~~.:{:0..-::; " ......... XI. FINANCIAL INFDRMATIO~ A. ESTIMATED CONSTRUCl ION COSTS - 1. Land Related Direct CGnstr~ction Costs: •• b. land Preparation; including off-s.ites 1 gradiog, etc. Lan,.1sca?ing 2. Bun.jjr.g Related Di,ect Construction Costs: a. Shel1 Construction b. Interior Finis.hes c. fixtlU"es & Other Impro'llements 3. Indirect Costs: il. Architect & Engineering t. Legal, Appraisal & Acccunting: __ _ c. Construction loa~ (osts*: i. points ii. interest d. Other Sub-Tot.l Sub· Total Sub-Total Tota! Estimated Construction Costs "Assumes c:Jnstruction loan of S with interest estimated @ l for '7.,---months·cor.s.trLictl~n-per-fod. 'Source of construction loan payments .. ill be: --....... ------- B. PRO-FORMA AN~JYSIS . Or, the attached page pro~ride a fi\le-year pro-forma ana.lysis of income and expenses for the prnposed prDject. IU.AlESTATE, 7/TOIIHe ATTACHMENT B 11 .. -.... -., f f ~ , I \st Gross incom(!''' I ! ( less: Vacancies Effective Gross Income less ()(penses: Salaries & Wages I . Supplies/Equipment Reser~e~ for R~p1a(ements Maintenance/Repairs Rrnt - Insuran~e & Po~se5sory Interest Tax Ut 11 it ieo;. Other: (List) Net Income t FIVE YEAR PRO-FORMA A~ALYSIS YEAR OF OPERATION I 2nd 3rd I %) ( %) " -------1---' --!--" ~--1---. ! ( %) 4th _ I ( %)1 i ---.- -- - --, I I ---L-------r-- ------_. ---I I I ! L *On separate sheet. list all sources and individual amounts of gros,s. in(:ome. RfI\l(ST ~Tf. I'rrOW[AO ATTACHIIENT B 13 5th ( l'.) Vi"·' \ I -,-, .-- ../ . ' Ill. QTHER INFORMATION Please provide any other ir.fol"rnation \~h':c,", you feel wi11 be helpful in eva'uilt1~g YOlJr ability to successfully develop andjar operate the propcl~ed facility in compl1anc~ witn the City's Re~ue5t for Proposals. AnACHME~ B 14 Tinfl J PROPOSER's M;NORiTl EMPLO'IMENT PLAN (10 BE COMPLETED UPON SELfCTrON ONll) U:iing this form or additional sheets, ,01 ease pro'{id-e your prop-osEd plans related to em~loyment of r,llnorit'e~ for an 'e',e's. of emp~o~ment opportunities related to the proposed ope ret ion or or from th~ lea$~j Premi ses. 1. W~at steps havE be~n or will be taken to: a. Recruit Mi~orities? b. Ass~rf equ~l employment opportunity for all persons? c. Prollide trainir.g far new hires !'I~erE necessary to assun~ ample opportunities for less qualified to improve their qUlIlificatioils? d. Provide opportu!'1ities for €mployte upgrading and training to ii.;ESUre equal opportunity for advancement and promC'tior:? iE. Pro ... idO:! counseling service for ali who may need heTp to advance especially for newer employees? f. Educate supervisors regarding nondiscrimination practices? 2. Provide est jmates of total employmer!t by job cl ass j fl!:ati on and an estimate of the number of mirlorities, by job classificat~on, for the proposed operation on. and from the Leased Premlses. Recomrnended for Acceptar;ce: Manager, Real Property H£Ai.fSTArt ,/TCw(AAT5 Date: ATTACHMENT B l5 .e.::cepted: j I As~islant City Manager .. "J ~ , ,', -,'" Pr~ject : Parcel No. : ___ _ CERTIfICATE Of NOII-DISCRIM!N}TION BY SVPPi I [is As suppliers of goods or services to the public on or from the Premises descl"'ibed elsewh~re i~ thIs Request for Proposal, Propo~er ~ert'fies that it does not discriminate in its employ:ner.t with regards to race, reTigion, creed. national ()rigin or disability; t~at 11 is in (ompJiar,ce lIIit~, a11 Fede.-.al? Stat-e ana local directives and execL!tive orders regarding non-discrlminatlon in employment; an'd that it agrees to demonstrate positively and aggressively the principle of equal opportunity 1~ employment. Proposer ack~owled~es that, if choser as the successful proposer. the attached ?rJposer's Minority Errployment Plan .... ill be completed with respect to the {lperatior. described elsewhere ir! this ReQup.st for Proposal. City's City Manager shail determine w~ether or not t~B plan is =dequate. It is understood, hOloiever~ that no estimate fur11isi!ed as. a part of -he attached plans shall be construed as a hiring qlrC'td. It is further understood that a Tenant shall not be deeined in mat.e:rjal breacn of the lease upon a"l'I'ard l when such Tenant has mad€ a reasonable and substantial effort to comply ~ith said Plan. Proposer: __ _ Tit1e of Person Signing: Signature: Date: ATIACHMEIIT B 16 / PROPOSED CHANG,S TO DOCUMENT' If you bel ieve charlges to He forms of tne doc;.Jm~nt(s) {Option to Lease Agreerilent and/or Lease} are, necessary for you to slJccessfull), operate the proposed faeil ity p1ea::e identify the claus.es requiring changes b€'low and specifically indfcate the nature of the required change on the document or on another sheet of paper. lMPORTANT -any proposed ChaflyeS showld relat.: to the partic;Jlar propoo;ed use. Remember that CITY may reject any or all proposa1s, ar'ld required reviSions t:) the document(s) may be grounds fOf rejectior.. Notwithstanding the foregoing. the form of t~e documents may also be subject to chang~ by the City ilnd f\1rt~er negotfation. based on the City Cou~cil's selection of th~ ~roposed use of the property. tTauses requirin9 ct'1ar.ges: ReqtJir~d Changes. (use Jdditional sheets if necessary) ATTACHMEIiT B 17 ATTACHMR"T C OPTION TO LEASE (ir,cludes Exhibit 1 -Lease Exhibit II -Plan fOT the care, Maintenance and security of the Property During option Te~ Exhibit lIl-Historic Resources Report) ~ ., ! 1 1 I i . -.".- Project: Rtwna Wi 1 1 ~ams. Propull OPTION TO l~ASE AGREEMENT This Agreement is made this ____ day of ___ , 199_ by arid between tne City of Falo Altc t a mur;;cipal corporation, ("CITY") and _. ( n OPTIONEE ~) • R~ClTALS A. CfTY owns property located at 351 Homer Avenue, in the City of Palo Alto, Santa Clara COlJntjl, common1y referred to as the Rhona Will iams property (~PROPERTY~), more specifically described and shown in [x~jbit B to the Lease attached ~ereto as Exhibit I (the ~Lease~). which Lease is made a part hereof by this reference. B. CITY, in compliance with lts Policy and Procedures 1-11, issued a Requ~st for Propo£a1s for an option to lease PROPERTY a~d received a proposa1 from OPTIONEE llihlcn has been selected by t~e City Coune-n. C. OPTIONEE desires to obtain an exclusive option to lease PROPERTY, in accordance with the terms and condltiQns of this Agreement and the lease. for the purpose of fuse of prop~rtyJ (the "Project"). D. CITT desires to grant a.n exclusive optiof1 to OPTIONEE to lea'>-e PROPERH, during which time OPTIONEE shall ma.intain and provlde security for PROPERTY, develop specific plars, obtain financing, and satisf./ other conditior.s set forth her-ein prior to exerclsjng the option and leasing and developing PROPERTY under the Project, in aCCDrca~ce with this Agreement and the Lease. NOW THEPEFORE, in considerat'on of the premises set forth abo~e, the parties hereto mutua11y agi"E'e as follows: I. £RANT Of OPTION CITY hereby grants to OPTIONEE an exclushe ofJticn to lease PROPERTY and to de~elop and operate PROPERT~ under the Project, upon the termS and subject to the covenants and condttions set forth below and j~ the Lease. 2. TERM OF OPTION The term of the option hereunder shall be twe-nty four {24) months and shall commence upon execution Qf this Agreement by CITY. ATTACHMENT C • \ 3. PURCHASE PRICE OF OPTION AND UNDERGROUND fUEl TANK INVE,T [,Ar[ON COST REIMBURSEMENT Th~ purchase pI"ice of this rption shall be _____ ~ Dollars ($ >, dlje and paYdble to C1TY upon t~e execution of this Agreement by OPTlONH. In addition, OPTIONEE shall pay CITV an addlt'i-ona1 Seven Thou"nd Eig,t Hundred fifty Dollars (17,8S0) within ten (iO) daJis of the execution of this Agre-ement by CIn, in order to reimbuP"5e CITY' for the tcst {Jf the underground fuel tank. illvestigation for PROPERT'f. as de~o:::ribed in Clause XII (D) of the Lease. 4. CONDITIONS PRECEDENT The option to lease PROPERTY under this Agreement may not be e)(erc:sed by O?TlONEE unless. a;'1d until each a;ld every following condition has been satisfied: A. Purchase Pric~ of Option OPTIONEE shall have made tne payment(s) required in accordance with Clause 3 hereof. B. Maintenance of Property During OptiDn Term OPTIONEE shal1 ha .... e implemented and maintained its plan for ttle care, security and' maint~nance of PROPERTY, inciudil19 the house and grounds, within two (2} months of the commencement of ttd s Agreement. OPTIONEE shall (ontinue th€ care, securlty and maintenance PROPERTY in accordance with the plan throughout the t~rm of this Agreement. OPT10NfE's ptan for the care. s.ecurity and maintenance of PROPERT'f ;s attached to this Agree~nt as Exhibit II and is incorporated herein by this reference. C. Plan for Removal of Underground Fuel ;ank OPTIONH shall !lave submitted and received al1 nece:.sary approvals from cnv's Fire Marshall of its plan for rerPoval of the uncey-ground fuel tank existing on PROPERTY. The plan shall ~nclude t~e estimated time schedule and cost cf the remo\'al. The plar'1 snall al!;o it'1clude (ontingencies for any necessary associated cleanup rasultiI19 from the presence of the ta!1k. D. Schematic Phn s $ubm itt a 1 OPTIONEE sha1l have submitted the schemaUc plans to CITY for the Project (the ~Schematic Plans~J ~ithin six {6) months of the commencement of this Agreement. The Schematic Plans sha11 include a site layout of all buildings~ landscape developments, schematic floor plans for all struc tures, simple ele~ations of ~11 structures~ identification of the methods and measures for preservation of historic features of the sft~ in accordance with the Historic Resource~ Report attached to this Agreement as Exhibit III and incorporated here'in by this reference; a plan for FtEL[ASlS 710LWMS -."- L fulfilling parking requiremFnts; a det!lled description of all proposed impro ..... emf'nts 'Jr lTlodificaticd'is (including proposed us,€s and methods of operation and a gener~l outline specification which identifies proposed constrLJct~on materia1 and m~thods). arid an estimate of the total constructjo~ cost for all proposed improvements under the Project. De· ... elopment Pl an~ Approya1s OPTIONEE shall have submitted to, ar.d s~all halte received approval of, its d€¥elopme~t plc~s for PROPERTY for the ~roject ("the Development Plans~) from CITY's His.tDric Resources Beard, Architecturai Review Board, Planning CQmm~ssion and CHy Counc,1. The OE'w'e:op!T1ent PlarlS shall inc.Jude the Schematic Plans, i~terior plans, structural plans, exterior elevat'ons, interior elevaticr::s and landscapin; plarlS and shall indicate spe~ific pTar.s and details of the interior and exterior historic preservation and maintenance features to be included in developing PROPERTY. As much as possible, and as directed b.y the City Council, these plans and details shall be ir. acct,rdence with the guidel ines and rer:.ommendations included in Exhibit If I hereof. F. Construction Draw~n-gs Approval OPTIONEE s'na11 h.we obtained approval of the construction drawings for the Project (the ~Construction Dra~ings~) from the City Engineer and Chief Building Official. The ConstructiO:"1 Drawings sha.ll inc1ulje: 1. Complete architectural. landscape and engineering ~ork1ng drawings; 2. Complete construction specifications; 3. Complete construction contract form; and 4. Proposed construction schedule. G. long Term Maintenarice Pl an OPTIONEE shall ~ave submitted to a.nd receh"ed approval of its 10ng term maintenance plan and schedule for the building(s) and landscaping on PROPERTY from the City M-anager or t1is designee. H. Land Use Designation OPTlONEE sha1l nH'e receiv€d approval from the City Council for any necessary cnang;:. in land use zoning for PROPERTY, any necessary change in (IT't''s Comprehensive Plan designation and arly other land use ~"!nnit or approval required, if necessary, for PROPEIHY for implementation of the Project and the Development Plans as app;·o· .... e~ by CITY. J. Subdivision Map Act Compliance OPT[ONEE shall have complied ~ith the conditions of the State Subdi¥isio~ Map Act (Governm€~t Code Section 66410 et. seq.) and litle 21 of the Palo Alto Municipal Code, to the extent appl icable to PROPERTY and the Project. Ra£AS[S 7iOLWMS J I I , , i I I [ I -""""- J. CEQA Compliance OPTIONEE shall ha .... e compli€d with th£" Califorr~a Environmental Quality Act of 1970 ("CEQA-'). as may be amended from ti"I€! to time, and all related CIT'( procedLOres for implement;ng efDA, to allow the-Project to be implemented. K. Permits OPTIONEE shall ~:a. .... e p~o ... ;ded to the Real Property Manager evidence tfiat any and all permits and approvals from any and ali agencies having pre-construction jurisdiction o .... er the Project, including but not' imited to buildif1g permits) grading permits. street opening permits and health pel"iilits, have been authorized and are a.vai1a~le. L. Certificit~on from Chief Bujlding Official OPTIONEE shan have submitted to tht! Chief Building Official certification that the plans for any proposed bui'rdil19 construction complY, in all respects, with (urrent bunding codes, th~ Americ.ans with Disabilities Act of 1991, if applicable, and energy conservation requirements as set forth in California Code of Regulations, Title-24, for non-residential constructi{)n. Tne form and content of said certifications shall conform with the requirements of Title 24. M. Sufficient funds OPTlONEE shall ~a",e satisf~ed the Di,ector of Finu,ce that OPTIONEE has sufficient financ!s or financTal commitments to implement t~~ Project as approved by CIl!. N. Sufficient Security to Complete Project OPTIONEE, in accordance with Clause XIV (TEIiMT'S ASSURANCE OF CO,~STRUCTION COMPLETION) of the lease, s~,al1 have furnished to the Director of Finance satisfactory evidence that assures CITY that suffi c~ent fInancial security ~ill be available to ronstruct the Project, as s~t forth in the ap~royed D2~elopment Plans and Corstructio~ Drawings. O. Security D~posit Payment The security deposit, in accordance with Clause Xl (SECURITY DEPOSIT) of the Lease, shall have been paid to CITV upon execution of this Agreement by OPTIONEE. 5. EXERC ISE OF OPllON At any time during the option term that OPTIONEE has satisfied each and every condition precedent set forth in Clause 4 hereof, to the satisfaction of CITV, OPTIONEE may exercise the optiofl by gIving the Real Property Manager written RELi:ASES 7.'Ot.V.'MS 4 - n~tice of its el-ection to do so, accompanied by two (2) properly executed copies of th~ Lea~e. CITY shall execute the Lease wit~jn ore (I) month of receipt of OPTION£E's request to e~ercise th~ option in accordance with this Clause. GENERAL CONOIT!O~S A. Revie ..... by c.lty OPTIONn: hereby ackr.owledges that one of the purposes of tr,is Agreement is to affc:-d OPT10NEf and ern the opportunjty to determine wheU1er (lr not OPTIONEE is able to meet the various conditIons z~d obtai~ the required approvals as set forth in this Agreement to 1mplement the Project. Several of those conditjons involve obtaining re'li-ew a:ld approval from officers, employees or agents of CITY. £ach of tho:"e reviews shall be conducted in an irldependent manner and nothing contained herein shall be deemed to limit the jurisdi::tion or authority otherwise possessed by said offlcers. employees or agents in the c::Induct of such revie.,. Nothing contained 1n this AgrE'err.ent shall be deemed to imply that said approvals """iil be forthcc-ming. and the failure to 1S$lje anj such appronl or permit by any officer; employee or agent of un shall not be dee:Tled il'l any manner a breach of this Agreement, nor shall any such denial give raise to any claim, liaLility. obligation. or cause of action with respect to this Agreement or the lease. B. Other ~overnrnental Approvals CITY agrees to consent t~ any lawful and complete application by OPTIONEE ~ith respect to any permits or approvals. related to activities or impro· ... ements approved by CITY in accordance lliitn this Agre;:ment which may be required by any governmental or other regulatory agencles aside from CjTy. C. Assignment Prchibited This option has been awarded based rm th!! uniq!Je background and proposal of OPTIONEE. Therefore, this option cannot be srJ',d , ass.igned or :>therwise trans ferred without tne prior wfitten consent of CIn'. Failure to obtain erTV's required written canse~t shall render said sale, assignment or transfer void. D. Exte:,si on of Q.r;tior! Upon wri tten request of OPTlmjEE stat i ng the reasons therefore, the Ci ty Mi1nager. or his designee, may, at his or her sol~ discretion, extend the term of the option und2r this Agreement as follows: I. Th:2' City Manager or his designee may grant an extension of the term of this option for a reasonable period of time, as determined by the City Manager or his deSignee, 1n the event OPTIONEE is delayed in fulfilling the conditions precedent to the exercise of tne option by reason of any caUSE not the fault of, or within the control of, OPTIONEE or its agents or employ-ees; or 5 • >1 ~. J r ij ~~ ,-; - 2. The C1ty Manager or "is design2'e may grant an ~xtension of the term of the option for a period n~t to exceed nin~ty (90) days, in th~ event OPTIONEE is delayed in fulfilliTig the conditions precp.oe:lt to the exercise of this option for a~y othe-r reason. Howeyer~ the City Manage" or nls des.ignee rnrJY grant such extension only up"n the fcllowing conditions: a, Written req\.Jbt fc-r such extension .s.~all have beer; d211vered by OPTIONEE to the Real Property Manager at least fifteen (lS) days prior to the v;piration of the option term under Ulis Agreement. b. Payment in an amount equai to Two Thousand Dollars (52,aOO} shall be sub:ll~tted to C.ITY with Hl!~ reo!Jest for extension referre-d to abov~; in the event the extfnsio~ is denied. CITY shall refund said amount to OPTfONEE; and c. OPTIONEE shall submit, together with its request for extension~ evidence of its progress toward fulf111ing the conditions precedent to the Exercise of the option, docu~entation of its proposed actions and feasibility of satisfying said conditions w.ithin the tli!rm of ti1f extensicn reque~ted and su('h other 1nformation and material as may be reqt.:ired by the City Manager or his designee. E. Termination of Option failure of OPTIONEE to meet the terms and conditions of this Agreement fully and satisfactor'ly withi~ the t~me limits stated shall absolutely and conclusively terminate OPTIONEE's rights hereunder. Upon termination hereof without exercise of the option by OPTIONEE. H,is Agreement s~all terminate and OPTIONEE shan. within fiVe (5) business days of receipt of request from the Real Property Mana~er~ deliver to LIB a properly executed quitc.laim deec!, quitclaiming to CITY any and ill interest of OPTIONEE in and tc: PROPERTY. Execution of the lease by CITY and Of'T!ONEE substantially ir1 the form of Exhibit I nerec·f s~all also constitute a termination of thi5 ~gr~ement. F. OPTIONEE's Right to Enter CIn hereby grants to OPTIONEE. its officers:. agents and errlployees dliri ng the term of this Agreement or any extension therecf. the right to enter PROPERTY or any portion thereof at reasor1able times for thE' pllrposes of implementing its plan under E.1(l1ibit 11 hereof for the care, mainteM.nce and se·:urHy of the grounds and house, and for the purposes of conducting. at OPTIONEE's own cost and expense. such soil. ejeologic. and engineering investigations as may be required by any public agency il'l connection W'~th the Project. O,oTlm~EE hereby agrees to protect. indemr.~Ffy. defend and hold UrY, its officers 1 <lgents and emp10yees free and harmless from any 10S5 or liabillty incurred by reason of such care and maintr;nance acti~~ties or any 'iuch ~nvestigation. Should this option be termin<lted wlthout e~ecution of the lease, OPTIONEE agr~es to repair any and all 6 d 1 I I I _."-_ ...• damages ca.used to PROPERH by rea.son of any such care, maintenanc.e and secul"'ity activities or such investigation. G. Insura.nc~ Coverage During Option Term OPTIONEE. at its sole cost and expense, shall obtain and maint~in throughout tne term of this Agreement. the insurar.-:e CDl,lerage in the form and amounts as reouired and set forth if1 Clauses XX and XXi (lNSURANCEJ of the Lease. SLlcM ins·urance coverage shall be in fulT for.:e and effect, as apProved by tl'1e Risk Manager, comrn-encing on the first day of the terw of this Agreement and shall c.ontinuE' in full force an-d effect throughout the term of the lease. K. Notices Any notice, tender. or delivery t\l be gi','en in accordance with this Agreement by either party to the other sha1l be given in accordance \!lith Clause XXIW (NOTICES) of the lease. E. Optionee's Representations and Ir-';;;rranties OPTIONEE represents and wal'rant$ to CITY th'3t it has not employed any real estate broker or fil1der in connection IIdt., this A.greement and hen~by agrees to hold CITY hannless and free from any liability In connection. with any cOrTlilission or finder's fee a11eged to b€ incurred by it. J. Entire Agreement This ins.trument contains the -entIre agreement between the parties relating to the option granted by this Agreement. Any 'Oral represoenhtions or modifications concerning this instrument stja1l be of no force anc! effect, t'xcept in a subsequent modification which is made in writing and signed by both parties. K. Recol,lery of Attorney's Fees In tr,e event of any contro .... ersy, cTaim or dispute betweef1 the parties hereto, arising out of or relating to this P.gre-smznt or the bread, thereof, the pre .... ailing party shall be ent\tled to recover from the losing party reasonable expenses, including attorneys' fees, and other legal costs. L. Binding on Successors Hlis Agreement shall bind ard inure to] the be:1efft of the r€spective heirs, persona1 representatives, successors and assigns of thE parties hereto, except as may be expressly pro .... 'ded elsewhere i~ this Agreement. RfLEASf:S 7IOLv,.'MS ) • !1 I, i , , IN WlTJoiESS WH£REOF, the parties hereto ha\/t' executed this Option to least! Agreement an the day and year nrst ablJl"e written. CITI' CITY Of PALO ALTO By:,,-______ _ Mayor AnEST: By :=c::-==--~----C,ty Clerk APPROVED AS TO fO~~: By: '5 =-r -. 'A",",""j-",'"t a-:n"t:-;C"l~t-cy--;A t"t=o rney RECOMMENDED FOR APPROVAL: By:~~~~,~_~_~ ___ D;rector~ Planning and CommJnity Environment By ;,,-,-_.,-_.....,~ _____ _ Director of Finance By:~ __ Manager, Rea? Property By: "R7j-:'kc.M~."n-::a-::g-.-::r----- Attachments: Exhibit I: Lease OPHO~EE: By: rts: ________________ ___ 8): ___________ _ Its: __________ _ Exnibit II: Plan for Care and Mainten~nce Of Property During Option Term Exhibit !II: Hjstoric Resources Report ~EAS(S 'JOl'hMS 8 - EXHIBIT I Project: _R-H9NA WII,LIAMS PRO~_ERTY LEUl! # This Lease is made this day of , 19 __ t-y and between the City of Palo Alto} a municipal corporation, (CITY) and , a ______ _ (TENANT) • RECITALS 1. On 3anuary 13, 1992, CITY accepted Rhona Willia~s' bequest of the real property and improvements located at 35~ Homer Avenue, Palo Alto, California. co:;uTlonly referred to as the -Rhona 'Williams property" I and more specifically described and show'7l on Exhibit "B" to this Lease, which is attached hereto and incorporated herein by this reference {the ""PREMISES"). 2. Under Rhona Williams' will, the bequest is subjer::t to the conditions that the PREMISES be used for park or cultural purposes, or a combination thereof, ~nd that the PREMISES be named as a memorial to Rhona Willi~ms' parents, Dr. Thomas M. Williams and Dora Moody Williams~ 3. On _________ , 1992, CIT)' entered into an option to Lease Agreement with TENP~T ,the "Option ft ), under which TENANT agreed to secure all ~ecessa~y CITY approvals and permits in order to exercise its option to lease the PREMISES, construct improve~ents and operate the PREMISES as describ€c in Exhibit "C" to this Lease, which is at~ached hereto and ir.corporC'.ted herein by this re.ference (the l'Project"'). •• The develop!rtent and operation of the project satisfies the use requiremer:ts of and provides a public benefit. PRE.~ISES under the R~ona Williares' vill 5~ TENANT has satisfied all the conciticns of, and now desires t::;. exercise, the Option and to lease the PR&~ISES from C1TY in order to p~rform the Proje~t. 1 ~ .. I I i , .~ .---------~ \. . " , , , :--_." ~-,~.--,-,,-,,,,,,,---~,-,.~.;..-.--. ---_-.:' ~. CITY desir-es to lease the PREMISES to TENANT for TENANT's development and ope~ation of the PREMISES 'Jnder the Project~ in accordance with the terms and condition:; set forth belo,,·. No'il/', therefore, in conside.ratio:1 of thes.e covenants, terms and conditi~~s, the parties hereto mutually agree as follows: 1. PURPOSE The purpose of this Lease is to allow TENANT to perform the Project as described in Exhibit "elf, by developing and operating a ____ {U5eJ~ on the PREM1SES according to the terms and conditlons of this Lease. II. PREMISES Subject to the terms and conditions set forth in this Lease, CITY hereby leases the PREMISES to TEN_~T. TENA.l\I"T hereby leases the PREMISES from CITY tor the sole purpose of performing the project. III. REQUIRED AND OPTIONAL SERVICES AND USES In furtherance of tha purpDses stated above, the following required and optional services and uses shall be provided, per-mittec:1 or prohibited on the PREMISES: A~ Required Servic~.$_ and Uses. Throughout the term of this Lease TENANT shall provide t.he follo ..... ing services and activities: B. optional Servi,=es __ ~nd Uses. Subject to the prior vrit-ten approval of the city Manager. TE:N"ANT maya lso l..lse the PREMISES to previae additional services and uses which are ancillary to and compatible with the required services and uses stated above and T'"?t in conflict 'With the required uses, Such optional us-t _::. may include the following: ------ Approval of optional u~es shall be ~ithin the sole discretion of the city Ma~ager. 2 --.,.,., .... -----.----.-.~~-;-'.~-' .. _'--......,., '>->11i~· .-- C. ~tricted US~..§. The above listed services ~nd uses, both required and optional, shall be the only services and uses permitted upon or from the PREMISES. 'i:'ENANT agrees not to use the PREMISES for 3.ny other purpose nor to engage in, or pet·mit, any other activity within or from the PREMISES. IV. TERM The term of this Lease shall be twenty (20) years, cOl!l.:llencing on the first day of the month following the date ,.;,f signing of the Lease by CITY. V. A. B. VI. CONSIDEFATION /RENT Rent. As pa~tial consideration for the lease of the PREMISES, TENANT agrees to pay to CITY Dollars ($~~-= ====:-c==-=~) per. month in accordance ..... 'ith clause IX (RENT PAYMENT PROCEDURE) hereof . .Rpn-Monetary conside __ ration. In addition to the rent set forth in subparagraph A above, TENANT agrees to perform the following services or provide the follo'Jing public benefits en behalf of CITi: REV1SION OF RENTALS The rental specifiea in Clause V (CONSIDERATIO~/RENT) hereof shall be subj ect to automatic annl..<al adjustments in proportion to changes in the Consumer Price Index. All Urban Consumers, (base years 1982- 1984 = 100) for San FrancisC'-o-Oakland-San Jose CSMA. published by the V.S. Department of Labor, Bureau of Labor Statistics or any replacement index published by said Bureau. The autoruatic adjustment shall be effective on each anniversary Qf the commencement date of this Lease and shall be calculated in accordance with the following formula: x • A (BIC) Where: X Adjusted rental. A Rental at the Commencemer.t of the Lease. B Averaqe monthly index for the 12 calendar months ending with and including th~ index p~bli5hed just prior to the month in ~hich each rent~l rate adjustment is to become eftective~ C ~ Average monthly inde~ for the 12 calendar months ending .. i th and including the index publ ished just prior to commencement of this Lease~ VII. CHARGE FOR UNAUTHORIZED SERvICES AND USES TENANT shall pay cIT~ a sum equal to on~ hu~dreQ percent (100%) of the gross receipts for any service or use that is not permitted or authorized by Clause III (REQUIRED & OPTIONAL USES) hereof. This payment is subject to the "due date~ requirement provided in Clause X (CHARGE FOR LATE PAYMENT) hereof. The existence of such charge or the payment 01" receipt of mor.ey under this Clause, does not constitute an authorization of a particular service or use and does not constitute a ~~iver of CITY's right to terminate such service or use. VIII. NON-PROFIT COMMUNI1'Y ORGANIZATION BYLi\"'S • MEMBERSHIP Membership in TENANT's organization shall be open to anyone meetinq the requirements of its rules and byla .. s~ A'l restrictions, rules, bylaws, and fees, if any~ and changes thereto proposed by TENANT shall, prior to being put into effect: be reviewed and approved hy the city Manager. These rules, bylaws and fee schedules shall be on file wit~ the Real Property Manager. IX. RENT PAYMENT PROCEDURE A. Payment of Rent. On or before the first day of each month during the term hereof, TEN.~~T shall pay to CITY the rent as set forth in Clause v (CONSIDERATION/RENT) hereof. B. Co~roencement of Obligation. TENANT's obligation to pay the rent shall commence upon the commenceme::;t of this 1A?,ase. Should this Lease commence on a date other than the first of any month, rent for the first and last month of this Lease shall be prorated assuning a thirty (30)-day month. c. Place of P~V!!Ient. Rental pay-ments shall be delivered to the Revenue Collections Division, 250 Hamilton Avenue, FO Box 10250, Palo Alto, CA 94303. The designated place of pa~ent may be changed at any time by CITY upon ten (10) days written notice to TENANT. Rental payments may be mane by check made payable to the City of Palo Alto, however, TENANT assumes all risk of loss if payments are made by mail. 4 --,. .... ...,,.....-_._-------- ',' "L··'·'· .. · -,;-" - .. - - D. Acceptance of L_~_1;_~_?..r ______ Jncorrect ~ent. TENJo.J.JT specifically agrees th-lt acceptance of any late or incorrect rentals submi tted by TEHANT shall not =orlsti t.ute an acquiescence cr w,oaiver by CITY and shall not prevent CITY from enforcing Clause X (CHARGE FOR LATE FAYMENT) hereof or any other remedy provided iT: this Lease or by la ...... x. CF-I.ARGE FOR LATE PAYMENT If any payment of rent as specified in Clause V (CONSI~ER~TIONI RENT) or if any other sum due CITY is not received by CIT'i, a late charge equal to one and ~ne-half perc~n~ (1.=%) of the payment due and unpaid plus an ad~inistrative fee of Twenty Five Dollars ($25.00> shall be added to the payment, and the total sum shall become immediately due and payable to CITY. Acceptance of late charges and/or-any port.ic-n of the overdue payment br CITY shall in no event constitute a waiver of TENANT'S defal!l t 'With rt:!spect tc such overdue payn'.ent. nor prevent eli'¥ from exercising any of the other rights and rcn-.ed ies granted herGunder or by any provision of law. xr~ SECURITY DEPOSIT A security deposit in the sum af Ten Thousand Dollars ($10,000) shall have been provided to CITY by TENANT pr lor to or upon execution of the Option to Lease Agreement entered into on ____ , 1992 by and between CITY and TENANT (the "Option to '"Le=a::s;:e:-·Agr-eement Tl ). CITY shall retain the security deposit throughout the term of tnis Lease. 'The securit.y deposit shall have taken one of the forms set. out below. ]I.. Cash. 8. The assignment. to CIT"{ of a savl ngs deposit. held in a financial institution in Santa Clara or San Mateo county acceptable to CITY ~ At a minimum, such assignment shall be evidenced by the delivery t.o CITY of the original passbook reflecting the savings deposit and a written assignment of the deposit to CITY in a form approved by the City Attorney and the Real Property Manager. c. 1'-Time Certificate of Deposit fram a financial institution in .sant.a Clara or San Mateo Count}' 'Whe,rein the principal sum is made payable to CITY or order. Both the financial institution and the form of the certificate must be approved by the City Attorney and the Real Property Manager. 5 - D. A Letter of Credit or other i.nstrument of credit from a financial inBtitution, subj~ct to regulation by the state or federal qoverrun2nt, pledgiwg that funds nEcessary to secure performance of the Lease terms, covenants, and conditions, are on deposit and 9ua~anteed for payment I and agreeing that said funds shall be trl.lst funds securing TENANT's performance and that all or any part shall he paid to CITY on order upon demand by CITY. Both the financial institution(s) and the form of the instrument (6) :must be approved by the City Attorney and the Real Property Manager. Regar.dless of the form in ~hich TENAN? elects to make said security deposit, all or any portior. of t~e principal sum shall be available unconditionally to CITY for correcting any de'fault or breach of this Lease incurred bi~ CIl'"'l as a result of the failure by TENA.-n', its successors or assigns, to faithfully perform all of the terms, covenants, and conditions of this Lease. Should TEN~~T elect to p=ovide a Time Certificate of Deposit, Letter of Credit, ~r other instrument of credit, hereinafter collectively referred to as "INSTRUMENT", to fulfill the securj ty deposit requirements of this Lease, the INSTRiJMENT shall contain a provision ~hereby the il".stitution issuing the INSTRUMENT agrees to provide CITi with ',"ri tten notice Qt its intent not to rene ... the INS~'RUMENT at least thirty (30) days prior to expiration or termination of the INSTRUMENT. If TENANT has not provided CITY .... ith an acceptable alternate form of security deposit at least ten (10) days prior to expiration or ter.rnination of the INSTRUMENT, CITY may demand and obtain from the institution issuing the INSTRUMENT, the amount secured by the INSTRUMENT as satisfaction of the security deposit provision of this Lease. Should TENANT elect to assign the savings de.posit to CITY, or provide an alternate INSTRUMENT, to fulfill the security deposit requirements of this Lease, th~ assignment, or issuance of the INSTRLMENT shall have the effect of releaSing the depositor or creditor therein from liability on account of the pal~ent of any or all of the pri~cipal surn to CITY or order upon demand of CITY~ The agree!!tent entered into by TENANT with a financial institution to establish the deposit necessary to permi tass ign!'!',ent or issuance of a certificate as provided above, may allo .... the payment of interest accruing on account of the deposit to TENANT, or order. TENANT shall ~aintain the required security deposit throughout the Lease term. Failure to do sO shall be dee~ed a default and may be grounds for i:'1l11ediate termination of this Lease. The security deposit shall be rebated, reassigned, released, or endorsed to TENANT on order, as applicable, at the end of the Lease tenn, provided TENANT has fully and faithfully performec each and every term, cove~ant, and condition of this Lease~ On each five-year anniversary date of the c01iL1llencement of this Lease, the amount of the security deposit set forth above sh~11 be Il£I..EASES _51U':WMS 6 L [ ~ r f ~. I , I , i : i . _j H ;1 1 --: -" .(- adjusted according to the fo]lo~ing for~ula: Where: p ~ SD[(B + O.85(A -S)/B) R Revised security deposit. SD Initial security deposit. A Average monthly inde>; for the 12 calendar m.::nths ending \Iorith and includin',; the index published just prior to the month in .... hich each security deposit adjustment is to become effective . B Average monthly index for t~.e 12 calendar months ending .... ith and including the index published just prior to c~~~encement of this Lease. In no event shall the amo\!nt of the revised sec1.lrity deposit be less than the initial security deposit. ThE differance between th~ initial security deposit and the revi~ed sec~rity deposit shall be due and payable to CITY ~ithin ten (10) d~ys of receipt of a notice of revision of the security deposit from the Real Property Mar,aqer. XII. INITIAL CONSTRUCTION BY TENA:JT A. MiD...imum Construction and Ti_rning. Commencin9 upon the execution of this Lease, TENANT shall in an efficient and 'Workmar.like man:"..er cause the project to be constructed and ,installed 'Within the PREMISES f at no cost to CITY, with appropriate improvements to adequately ~ccommodate those services and uses required by the Project under Exhibit C and Clause III (REQUIRED & OPTIONAL SERVICES AND USES) hereof .. The development plans prepared by TENANT and approved by CITY during the option period under the Option to Lease Agreement preceeding execution of this Lease shall be a master plan for development of the PREMISES, and the construction drawings prepared by TENANT and approved by the City Engineer duri1lg the same period shall be the plans, specifications. and time schedule for constructing such improvements. The approved development plans and construction draWings are attached hereto as Exhibit ~Dn and incorporated hereir. by this reference. B. DevelopD;ten.t Plans and C_9nstruction Dr~J.rin9.§.. All design and construction shall conform with the construction and architectural standards contained in Exhibit D and shall meet all other requirements contained in this Lease. c. Hi ninturn Cost,. of tmproverntgl1t.§.. constructed improve~ents 5hall Dollars ($150,000.00). RELEASES,jll.ZWMS The minimum cost of ~ENANT/S be One Hundred Fifty Thousand 7 -,..~.:<";'< D. Remoya 1 of Unde':gro1.!nd F\Jel ___ T.;gI.::'lk ~_r~d Associated cl'?anup or b.£IDedT:::ltic.n. Co:mrnen·:-ing '...!pon the executicn of ~his Lease, TENANT shall in an efficient and 1%rkrnanlike manT!er also remove the underground fuel tank and any associated piping existing on the PREMISES, as identified by the soils and tank investigation conducted for CITY by 'J'I'ahler A~.sociates, "Report on Tank Leak Investigation, ~~ona Williams Estate, 351 Homer Avenue, Palo Alto. California;!'l November 1991. Such removal shall be accomplished at 'l'ENA.,N",i"s sole expense and in compliance ~ith all ~pplicable local, state and federal l~ws amd r-equirements. TEN}'.NT shall als'::l, at its sole ex-pense, perform any cleanup or remediation of the PREM!SES that is necessary as a result of the presence of said fllel tank , in cornpli~nce with all applicable local~ state aDd federal laws and reqUirements. In addition, TENAN'T shall be solely responsible for notification to any and all public or private agencies or authorities with jurisdiction over the fuel tank, its removal and associated cleanup~ TENANT shall further protect, indemnify. hold harmless and defehd CITY, its officers, employaes and agents against any liability, damages or loss CITY may incur as a result of the presence of the fuel tank, its removal by TEN&~T or potential associated remediation by TENANT, including such liability that may arise under the Comprehensi. '.'e Environmental Response, Compensation and Liability Act (42 U.S.C.I §5 9601-75, as amended); the Resource Conservation and Recovery Act (42 U.S.C., SS 6901-82, as amended); the Hazardous Waste Control Act (Health' Sat. Code, SS 25100-25250.24, as amended); the Safe Drinking Water and Toxics Enfcrcemen~ Act (Health & Sa!, Code 55 25249~5- 25249.13, as amended); the Underground Storage of Hazardous Substances Act {Health & saf. Code, 55 25280-99,6, as amended); the Hazardc-u5 Substance Account Act (Health & Saf. Code, 5S 25300-95, as arr.ended); or any other local, state or federal ordinance, statute or common la~. E. Asbestos in t.he He __ ~ __ tj.JJ._g_Ducts. The CITY is aware that the heating ducts located in the basement of the house located on the PREMISES contain some level of nonfriable asbestos containing rnaterial~ TENANT shall be solely responsible for any asbestos abatement or containment to the extent required under all applicable b:...i lding and safety codes and regulations, including any applicable asbestos notification requirements under CaU fot'nia Health and safety Code section 25915 et seq. XIII. ADDITIONAL CONSTRUCTION AN'-DjOR ALTERATION BY TENANT A. QLrX.~C.onsent. No additional structures, improvements, or facilities shall be constructed, erected, altered, or made within the PREMISES \IIithout the prior ... ·ritten consent of the 8 --~--- - l , t i I " I I I I I I '.' - city council if required by CITY procedures or ordinances, or otherwise by the City Manager. B. strjct Compliance .with Developmen_t;, Plans and constru.ction Rrawings. All improvements constructed by TENANT yithin the PREMISES shall be constructed in an efficient and ~orkroanlike manner and in strict compl iance ... -j th the approved development plans and construction dra'Wings set forth in Exhibit "0" hereof. c. certificate Qf Inspection. Upon completion. of construction of any building, TENANT shall submit to the Real Property Manager, a certificate of Inspection, verifying that the construc~ion was completed in conformance ~ith Title 20 of the California Code of Regulations for residential construction, if applicable, or in conformance lr.'ith Title 24 of the California Code of Regulations for non-residential construction. XIV. TENANT's ASSl~NCE of CONSTRUCTION COMPLETIO~ Prior to commencement of this Lease and constru.ction of the Project, TENANT shall fUTnish the Real Property Manager 'With satisfactory evidence that assures CITY that SUfficient monies 'Will be available to complete the approved construction. The amount of such assurance shall be at least the total estimated construction cost that was submitted to and approved by CITY in accordance 'With the option to Lease Agreement. Evidence of such assur-ance shall take one of the forms set out below and shall guarantee TENANT~s full and faithful performance of all of the terms, covenants, and conditions of this Lease: A. Completion Bond naming CITY as beneficiary; B. Perfor.mance and labor and material bonds, supplied by TENANT's contractor or contractors, provided the bonds are issued with both TENANT and CITY named as beneficiaries; c. Irrevocable letter of credit from a financial institution naming CITY as beneficiary; or D. Any combination of the above. All bonds and letters of credit must be issued by a company qualified to do business in the state of California and be acceptable to the Director of Finance and City Atturney. All bonds and letters of credit shall be in a form accep~able to the Director of Finance and City Attorney, and shall insure faithful and full observance and performance by TEN~4T of all of th~ terms, conditions, covenants, and agreements relating to the construction ot improvements in accordance w"i th the development plans and construction plans approved by CITY as set forth in this Lease. 9 - XV. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to or destruction of TENA.."'lT-constructed or TENANT-improved buildings, facilities, or improvements located within the PREMISES, or in the event TEN~~T-constructed or TF~ANT improved buildinqs~ facilities, or improvements located. "'ithin the PREMISES are declared unsafe or unfit for use. or occupancy bi'· a public entit,i with the authority to make and enf::;lrce such declarati~n, TENANT shall, ~ithin thirty (30) days, commence and diligently pursue to ccmpletion the repair, replacement, or reconstruction of improvements necessary to permit full use and occupa,ncy of the PREMISES for the purposes required by this Lease. Repair, replacement, or reconstruction of improvements vlthin the PREMISES s~all he accomplished in a manner and according to plans approved by the C'hie.f Building Official and the Real Property Manager~ Except as otherwise provided herein, termination of this Lease shall not reduce or nullify TENANT's obligaticm under this paragraph. Notwithstanding the foregoing, should the TENANT-constructed or TENANT-improved improvements on the PREMISES be more than seventy five percent (7St) destroyed or damaged by an insured loss during the last five (5) years of the term of this Lease, TENANT shall have the option of rebuilding or repairing such d~age or terminating this Le~se~ TENANT shaJ.l notify the Real Property Manager in -...rritin9 of its decision 'Within ten (10) days of the occurrence of such damaqp. or destruction. In the event that TENAN'l' elects to terminate this Lease and not rebuild or repair such damage,. TEN}o..NT shall demolish any re!!',aining structures or portions of structure_s not desired hy CITY and clean up any and all debris and shall pay to CITY a pro-rata portion of the proceeds of insurance required in accordance with Clau~e XX (rNSl~CE) hereof~ The pro-rata portion shall be based on the following fo~ula: Where: L = P(R/l') L CITY's pcrtion of insurance proceeds. P Total insurance proceeds paid exclusive of damolition and debris removal expenses~ R =-Remaining terlll of the Lease. T The total Lease term, includinq any extensions made in accordance with this Lease. XVI. AS BUILT PLANS U~n completion of the Project~ TENANT shall provide the. Rea.l Property Manager with a complete set of reproducibl-e -as built plans" reflecting actual construction ~ithin or upon the PREMISES~ TENANT shall also provide the Real Property Manager with a 10 - statement signed ry accuracy and of ilnprQvements. TENANT ~ndF.r penalty of perjury certified as to actual construction costs for all such XVII. OWNERSHIP OF IMPROVEMENTS A] 1 improveoents constr1.1cted, erected or installed upon the PREMISES must be free a~d clear of all liens. claims~ or liability for labor or material and shall become the pr~?erty of CITY, at its election~ upon expiration or earlier termination of this Lease and, upon City's election, shall remain upon the PREMISES upon termina~ion of this Lease. Titl-e to all equip!rLent, furnitun~, furnishings and trade fixtures placed by TENANT upon the PREMISES shall remoin in TENANT I and replacements, SUbstitutions and modifications thereof may be made by TENANT throughout the term of this Lease. TENANT may remove such fixtures and furnishings upon termination of this Lease if TENANT is not then in default. under this Lease, provided that TENANT shall repair to the satisfaction of CITY any damage to the PREMISES and improvements caused by such removal and provided that usual and customary lighting. plumbing and heating fixt~res shall remain upon the PREMISES upon terminatio~ of this L~ase~ XVIIL MAINTENANCE AlJD REPAIR TENANT, at its sole expense, shall perfor!Il all regular and extraordinary maintenance and repairs to the PREMISES, including all painting and all maintenance of landscaped areas, necessary to keep the PREM:ISES and all improvements tt:er-eto in first-class order, repair and condition as contemplated under-the approved development plans and construction drawings for the Project, throughout the term of this Lease. :For purposes of continued historic preservation of the PREMISES, TENANT shall comply with the maintenance plan and schedule desc:.:ribed in Exhibit "'EU attached hereto and incorporated herein by this reference. In addit ion, TENANT shall maintain, at its sale expense. all equipment~ furnishings and trade fixtures upon the PREMISES required for the maintenance and operation of the Project. TENANT waives the right to make repairs at the expense of CIj'i and the benefit of the provisions of Sections 1941 and 1942 of the Civil Code of California relating thereto; and further agrees that if and 'When any repairs, alterations, additions or betternents shall be made by it as required by this parac;raph, it shall promptly pay tor all labor done or materials furnished and shall keep the PREMISES free and clear of any lien or encumbrance of any kind whatsoever. Should TENANT fail to make any repairs or perform zny maintenance work for which it is liable, CIT~ shall have the option to may.e the repairs and TENANT, 'Within ten (10) days of receipt of a bill therefor from the RiO!al Property Manager, reimburse CIT!' for the 11 ----;------- - cost of such repairs, including a fifteo&>n percent {15t) administr.-~tive overhead fee. The making of such repairs or performance of maintenance by CI't'Y shall in no event be construed as a lJaiver of the duty of TENANT to make repairs or per-form maintenance as provided in this Clause. XIX. UTILITIES TENANT shall be solely responsible fer ar;d shall pay, prior to delinquency, all charges for util i ties sl.!pplied to the PREMISES during the term of this Lease. XX. INSURANCE TENJLMT, at its sole expense, shall maintain insurance acceptable to CITY in full force and effect throughout the term of this Lease. The policy or policies of ins~rance maintained by TENANT shall provide the follo~ing minimum limits and coverages: POLICY MINIMUM LIMITS OF LIABIL!TY (1) WORKERS' COMPENS}l.TION statutory (2) COMPREHE."{SIVE Bodily Injury AUTOMOBILE LIABILIT~~ Property Dam~ge including o ... med, hired, and non-owned automobiles (3) COMMERCIAL Bodily Injury GENERAL LIABILITY. including Property Damage products and completed operations, broad form contractual~ and personal injury. $1,000 1 000 e~. person $1 1 000 1 000 ea. occurrence $1,000,000 ea. occurrence $l~OOO,OOO ea. person $1ID001COO ea. occurrence $1 I OG0 1 000 aggregate ~l,OOOIOOO ea. occurrence (4) FIRE & EXTENDED COVERAGE Not less than ninety percent (90%) of the replacement cost of all insurable improvements ;..oithin or upon the PREMISES. Suct) policies mu.st include W'ater damage and debris cleanup provisions. Additional f ire and e>.:tended coverage I:Iust be obtained in accordance vith this clause upon completion of construction or installation of any major insurable improvement under the Project. RELEASES.SI!.zWMS 12 " - Such insurance shall have been in effect prior to the commencement of this L~3~e, as required under the Option to Le3se Agreement. Such insurance shall continue to be in full force and effect throughout the term of ~his Lease. Each insurance policy required by this Le~se shall cDntain the following clausEs: 1. "'this insurance sha.ll not be can.celled, limited in scope of coverage or nonr'i:!newed until after thirty (30) days \IIritten notice has been give~ to the: CITY OF PALO ALTO/Real Estate Division, PO Box 10250, Palo Alto, CA 94303." 2. NAIl rights of subrogation ar~ nereby waived against the CIT~ OF P~LO ~~TO and the ~e~bers of the City Council and elective or appointive officers or employees, when acting within the scope of their emplo}'1I1ent or appointment." J.. "The CITY OF PAL-O ALTO is nat\'led as a loss payee on the property insurance policy descrihed above." 4. I:IThe CITY OF PAL..Q ALTO is added as an additional insured as respects operations of the named ir-.sured at. or from t.he premises leased from the CI'I':t OF PALO ALTO. iii 5. "It is agreed that any insurance maintained by the CITY OF PALO ALTO ~ill apply in excess of, and not contribute to, insurance provided by this policy." lO(I. INSURANCE A.. ~iCicat,.s of Insur~_nce. TENANT agrees to deposit 'With the Real Property Hanager~ on or befcre the effective date of this Lease, certificates of insurance necessary to satisfy CI'.ry that the insurance prOVisions of this Lease have been complied ~ith, and to :keep such insurance in effect and the c2l'tificates therefore on deposit with CITY during the entire term of this Lease. Should Tl"NAN'I r.ot provide evidence of such required coverage at least three (3) deys prior to t.he expiration of any eXistir,g 5nsurance coverage, CITY cay purchase such insurance, on behalf of and at the sole expense of TENANT, to p~ovide six (6) months of coverage. B~ Review of covg~~. CITY shall retain the right at any tillle to review the coverage, form, and amount of the insurance required herebj. If, in the opinion of the Risk Manager, the insurance provisions in this Lease do nat provide adequate protection for CITY and for members of the pub11c using the PREMISES, the Real property Manager may require TENANT to obtain insurance sufficient. in coverage, for;n, and amount to provide adequate protection as determined by the Risk Manager. CITY's requirements shall be reasonable and shall be designed to assure protection fram and against the kind and extent of risk ~hich exists at the time a change in insDrance is required. - c. · .... ,. changes in Coveraoe. The Real Property Manager shall notify TEN.A.~T ir:. wr i ti ng of changes in the insurance requirements. If TI:NAW£ does not depGsi!. copies of acceptable insurance policies ~ith CITY incorporating such changes ~ithin sixty (60) days at receipt of such notice l Cor in the .event TENANT fails to maintain in effect any required insurance cc·'Jerage, TENANT shall be in default unde~ this Lease ~ithout further notice to TENANT. Such failure shall constitu.te a mater-ial breach and shall be: grounds for immediate termination of this Lease at the option of CITY. D~ No Limit cf Ljabi Ii ty. The procuring of such required policy o:!' policies of insurance shall r,ot be construed to limit TENANT's liability hereunder nor to fulfill the indem!'li!icatio~ provision and requirements of this Lease. N~twithstandinq the policy or policies of insurance, TEN~~T shall be obligated for the full and total amount of ar.y damage, injury, or loss causec by or connected 'With this Lease ot" \t.'i th use or occupancy of the PREMISES. XXII. ASSIGNING .. SUBLETTING, AND ENCUMBERING PROHIBITED Since CITY has relied on the specific background and capabilities of TBNA!-i~ in awarding this Lease, any ;rr,ortgage, pledge, hypothecation, encumbrance, transfer, sublease, or assignment (collectively referred to as ENCUMBRANCE) of TENANT's interest in the PREMISES, or any part or portion thereof, is prohibited. Any attempted ENCUMBRANCE shall be null and void and shall confer no right, title, or interest in or to this Lease. If TENANT hereunder is a corporation or an unincorporated associa"t ion or partnership, the ENCUMBRANCE of any stock or interest in the corporation, association, or partnership ,*,hich, in the aggragata over any consecutive two-year period, exceeds twenty-five percent (25\) shall be deemed an assignment within the meaning of this clause. XXIII. DEFAULT IN 'l'ERMS OF THE LEASE BY TEN~"l'T A. CITY'S Remedies on Default. Excep~ as othe~ise provided undec this Lease, should TENANT default in the performance of any covenant, condition, or agreement conta ined in this Lease and such default is not corrected within sixty (60) days of receipt of a notice of default from CITY, CITY may: 1. 2. Terminate this Lease and all rights of TENANT and those who c2aim under Tt~&~T, stca~ing from this Lease, shall end at the time of such termination; At CI'I'¥'s sole optionr cure any such default by performance of any act, including paY!Tlent of money, and the cost thereof, plus all reasonable administrative costs, shall 14 -- become i~ediately due and payable by TENANT to CITY; Seek ail action or suit in equity to enjoin any acts or things 'Jhi~h may be l.,mla· .... ful or in violation of the rights of CITY; 4. Seek a mandamus or other suit, action or proceeding at law or in equity to enforce its rights against TENANT, and to compel TENA.'lT to perform and carry out its duties and obligations under the law and under TENANT's covenants and agreements 'Jith CITY as provided herein; or 5. Pursue any other remedy available by law or specifically provided in other claus-=s clf this Lease. B. Cumulative. Remedies. However, in the ever~t of a default which can not reasonably be cured within sixty (60) days, TENANT shall have a reasonable period of tiffie to cure the default~ Each and all of the remedies given to CITi hereunder, or by any lali.· no ... or hereafter enacted, are cu.m\.llative and the exercise of one right or remedy shall not impair the right of CITY to exercise any or all other remedies. In case any snit, acticn or proceeding to enfcrce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, then, and in every such case, CITY and TENANT shall be restor"i!C to its and their former position and rights and remedies as if no such suit, action or proceedings had been brought or taken. c. InsolvencY-21 TENANT. In additicn to a violation or breach of any other provision of this Lease l TENANT shall be considered to be in default under trl!S Lease should TENANT: 2. 3. XXIV. voluntarily file or have involuntarily filed against it any petition under any bankruptcy or insolvency act or lawj be adjudicated a bankrupt; or attempt to mak~ a gener~l ~ssignment for the benefit of creditors. NOTICES All notices, statements, demands, requ(:sts, consents, approvals, authorizations, offers, agreements, appointlllents or de.signations hereunder give by either pat"ty to the other, shall be in writing and shall be sufficiently given and served upon the other party if (l) personally serv€d, (2) ser,t by United States certified mail, postage, prepaid, (3) sent by expres~ delivery service; or (4) in the case of a facsimile, if sent to the t€lephone r,umber (5) set forth below during normal business hours of the receiving party and follo .... ed within 48 hours by delivery of hard copy of the material sent by facsimile; in accordance with (1), (2) or (3) above. Personal 15 'L - s&cvice shall include, ~ithcut limitation, service by delivery service and service by facsimile transmission. Delivery of notic~s properly addressed shall be deemed cOnlp!ete when the notice is physic~11y delivered to the Real P~operty Manager OL to (Tenant's designee) All notices pursuant to this lease shall be addressed as set forth below or as either party may subsequently designate by written notice. xxv_ TO: ern TO: 'J'ENANT Real Property Manager City of Palo Alto P.O. Box 10250 250 Hamilton Avenue Palo Alto. CA 94303 FAX: (415) 329-2468 'With a copy to: City Clerk, City of Palo Alto P~C~ Box 10250 2SC Uamilton Avenue Palo Alto, CA 94303 FAX: (US) 329-2646 and ------- City Attorney, city of Palo Alto P.O. Box 10250 250 Hamilton Avenue Palo Alto CA 94303 FAX: (415) 329-2646 This Lease includes the follo'ooling exhibits, 'w'hich are attached hereto and by this reference incorporated ir.to this Lease: Exhibit A Gen~ral Conditions Exhibit B -Description of Leased Premises Exhibit C -Description of the Project Exhibit D -Development Plans and Construction Drawings Exhibi t E -Long Term Maintenance Plan and schedul'!' for Premises The inclusion of clauses in Exhibit A (GENERA.L CONDITIONS) is not in any Wlay in'tended to lessen the importance of these clauses, but is merely aone to enhance the organization of various clauses and this Lease. 16 , 'I ~~ , j i IN WITNESS WHEREOF, the parties have executed this Lease the d~y and year first above ~rit~en. CITY: CITY OF PALO ALTO (LESSOR) By' ______________ _ Mayor ATTEST: By:~~~~~ _______ _ city Clerk APPROVED AS '1'0 FORK: By:_ _ ____ _ Sr. Asst. City Attorney PROPERTY DESCRIPTION APPROVED: By: ___ _ __ _ Public Works/Engineering RECOKMENDED FOR APPROVAL: B}' : City Manager By: _____ _ By: Director of Planning and Community Environment D;::C;i-r-e-c"'t::-o-r-o--;f~--Finance By: ::-___ _::_ Manager. Real Property By: :::-C-~_Risk. Manager TENANT: By' __ _ Its: By , _____________ _ Its: (corporate Sea!) 17 EXHIBIT A GENERAL CONDITIONS 1. DEFINITIONS CITY shall mean the City Council of the Cit)' of Palo Alto, a m ... nicipal corporatic-n. The City Manager is hereby autr .. crizsd to take a."ly actions under this Lease on behalf of CITY except for termination :>f this Lease. Clauses in this Lease refer to specific officers or emplorees of CITY. Should these positions be eliminated or the title char-.. qes, it is understood and agreed th~t such references sr.all be considered to be to the new title tor renamed positions or to the replacement official designated with the responsibilities of any eliminated position. Any reference to a City officer or employee includes a reference to the officer's or-emplc}ree's designated repre5entative~ 2. PARTNERSHIP/CORPORATE AUTHORIT'i & LIABlLITY If TENANT is a partnership, each general partner: A. represents and 'Warrants th2lt the partnership is a duly qualified partnership authorized to do business in Santa Clara county; and B. sh2l1l be joi~tly and severally liable for performance of the terms and provisions of this Lease. If TENANT is a corporation, each individUal signing this Lease on behalf of TENANT represents and warrants that: A. he is duly authorized to do so in accordance with an adopted Resolution of TENA..~Tfs Board of Directors or in accordance ",ith the s'ylaws of the corporation; and B. TENANT is a c!uly qualified corporation in the State of California. As used in this Lease, the term '''IENANT't shall include TENANT, its off icers.. agents, employees, sublcssees, concessionaires, or licensees, or any person acting under contract ",ith TENANT; however~ t.he definition of TENANT used herein shall not be construed to autl'-.orize or permit a.ny sublease or licenses not authoriz~d or permitted else~here in this Lease. The of 'l'ENANT is hereby ~uthorized to take any actions upder this-Lease on behalf of TENANT except far termination of this Lease~ 18 • -.-~--~ , '. -, if 'I '! , J 1 Ii I -I . , I - Time is of the essence of this Lease. 4. SIGNS T&~ANT agrees not placed upon the Unapproved signs, to construct, m~intain, or allow any sign PREMISES except as may :t.e approved by banners or the like may be rereoved by CITY • 5 ~ PER .. ITS J. .. l,fD LICENSES to be CITY. TENANT shall b~ required to obtain any and all permits and/or licenses which may be required i~ connection with the operation of, and any approved TENANT construction upon, the PREMISES as set forth in this Lease. 6. MEC~~ICS LIENS TENANT shall at all times indemnify and save CIT, har!!l.less from all claims for labor or materials supplied in connection with construction, repair, altet'ation, or installation of structures, improvements, equipment, or-facilities ".lit:r_in the PREMISES, ana. from the cost of defending against such claims, including attorney's fees. TENANT shall provide CITY with at least ten (lO) days written notice prior to commencement of any IoI'o.::-k .... hich could give rise to a mechanics lien or stop notice. CITY reserves the right to enter upon the PREMISE'S for the purposes of posting Notices 0'( Non Responsibility. In the event a construction, eithe~: lien is imposed upon the PREMISES as a result of such repair, alteration, or installation, TENANT shall A. Record a valid Release of Lieni or B. Deposit sufficie~t cash with CITY to cover the amount of the claim on the lien il1 question and authori.ze p~lment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation 'With regard to the lienholder claim; or C. Procure and reco~d a bond in accordance with section )143 of the Civil Code, which releases the PREMISES from the claim of the iien from any action brought to foreclose the lien. Should TENANT fail to accomplish one of the three optional actions ~ithin fifteen (15) days after the filing of such a lien, the Lease shall be in default and may be subject to i~ediate termination. - 7. LEASE ORGA."lIZATION J..ND RULES OF CONSTRUCTION Words of the masculine gender shall be deemed and construed to include correlative 'Words of the feminine and neuter genders. Unless the context Q\:herwise indicates, words importing the singula.r numbe:- shall include the plural number and vice vers~: and words importing persons shall include corporations and associations , including public bodies l as veIl as natural persons. The terms "hereby"; I'hereof" I !thereto", "herein" I "hereunder" and any similar ter~s, as used in this agreement t refer to this agreement. All the terms and provisions hereof shall be constru~d to effectuate the purposi,;s set forth l1erein, and to sustain the validitr hereof~ The titles and headings of the sections of this agreement have bee~ inserted for convoanience. of reference only, are not to be considered a part hereof and shall not in any way modify or restrict any of the terIDs of provisions hereof or be considered or given any effect in construing this agreement or any provision hereof in ascertaining intent, if any question of intent shall arise~ 8. AMENDMENTS This Lease sets forth all of the agreements and understandings of the parties and any modifications must be written and properly executed by both parties. The option to Lease Agreement, entered into on "":::::::-;::-::::.;:::;-,,,.,.--;:' 1992 t by and betiYeen 'J'ENANT and CITY, is h~reby superseded by this Lease~ 9 • UNLAWFUL USE TENANT agrees that no improve.:nent5 shall be erected; placed upon l operated , nor I!1.aintain~d · ... ithin the PREMISES~ nor any activity conducted or carried on therein or therefrom, in violation of the terms of this Lease l or of any regulation, order of law, statute, or ordinance of a governmental agenci' having juriSdiction over TENANT's use of the PREMISES. 10. NONDISCRIMINATION TENANT· and its emploi'e~s shall not discriminate against any person because of race, color, religion, ancestry, age, sex, national origin or disability~ TENANT shall not discriminate ag~inst any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin or disability~ TENANT covenants to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment. If TENANT is found in violation of 20 • • .; - the nondiscrimination provision of the State of Cal i.fornia Fair Employment Practicss Act or simi lar provisions cf federal la." or executive order in the conduct of its activities under this Lease by the State of California Fair Fmployment Practices commission or the equivalent federal agency or officer, it shall ther.aby be found in default under this Lease i and such default shall conE:.titute a material breach of this Lease. CITY shall then ha .... e thE: power to cancel or suspend this Lgase in ~hole or in part. 11. INSPECTION crT~/s employees and agents shall have the right at all reasonable times to inspect U"je PREMISES to determine if the provisions of this Lease are being compl~ed ~ith. 12. HOLD HARMLESS TEN)~ bereQy waives all claims, liability and recourse against CI7Y including the right of contribution for loss or damage of or to persons or property arising froUl, groWling out of or in any ",.ay connected with or related to this V~ase. TE.1.lARr hereby agrees to protect, indemnify, hold harmless and defend CI1.'Y, its off iee.rs, agents, and employees against any and all claims, liability, demands, damages, cost, expenses or attorneys' fees arising out of the operation or maintenance of or construction on the PREMISES, or TENANT's performance or nonperformance of the terms of this Lease. In the event CITY is named as Co-defendant. TENANT shall notify CITY of such fact and shall represent CITY in such legal acticn unless CITY undertakes tc r~preser.t itself as co-defendant in such legal action, in ~hich event TENANT shall pay to ClTY its litigation cost~, expenses and attorneys' fees. 13. 'I'AXES AJ..JD ASSESSMENTS This Lease may create a possessory interest ,",'hich is subject 't,o the payment of taxes levied on such interest. It is ",.mderstooQ and agreed that all taxes aDd assessments {including but not limited to the possessory interest tax, which become due and payable upon the PREMISES or upon fixtures, equipment, or other property installea or constructed thereon, shall be the full responsibility of TENANT and TENANT shall pay the taxes and assessments prier to delinquencY4 14. SUCCESSORS IN INTEREST Unless otherwise provided in this Lease, the terms, covenan~s, and conditions contained herein shall 3.pply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 9'3 - 15. CIRCUMS'I'ANCES WHICH EXCUSE PERFORMANCE (FORCE MAJEURE) If eiV)er party hereto shall be ctelaJ'ed or prevented from the performance of any act :requ.ired hereunder by reason of acts of God} restrictive gcvernmental laws or regu.lations, or other caus~ without fault and beyond the control of the party obligated (fil"'.ancial inabil i ty excepted), performancE of su.ch 2:.c:t shall be excused for the period of the delay and the perie,a for the performance of any such ~1Ct shall be extended for-a period equivalent to the period of such delay .. 16. PARTl.1o.L INVALIOI'l"i If any te.rm, co~"enant, condition~ or provision of this Lease is determined to pe invalid, void, or unenforceabl,::, by a court of compete_nt jurisdiction, the remainder of the provisicns. hereof st-.a.ll re!'nain in full force and effect a."d shall in no way be affected, i'm,paired, or invalidated thereby. l/~ WAIVER OF RIGHTS The failure of CITY or TENANT to insist '.lpon strict performance of a:1¥ of the terms, cover-ants, or conditions of this Lease shall not :be deemed a waiver of any right or remedy that C11'Y or TEN~~T may have; and shall not be dee!t.oed a '"Taiver of the right to require strict pe!'fonnance of all the terms, covenants, and conditions of the Lease thereafter, nor a .... aiver of a.ny remedy for the s'.lbsequent breach or default of any term, covenant, or condition of the Lease. 18~ COSTS OF SUSTAINING A."i ACTION FOR BREACH OR DEFAULT In the event either CITY or TENANT COlt'JnE:DCeS legal action against the other claiming a breach or default of this Lease~ the prevailing party in such litigation snall be e!"ltitled to recover from the other cost of 5 1.lstaining sa.ch action, including reasonable attorneys' fees, as may be fixed by th~ Court. 19. RESERVATIONS TO CITY The PREMISES are acce.pted "as is" and n,.'her-c isri by TENANT suPject to any and all existing easements, and encumbrances. Cl~Y reserves the right to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, st-orm water se'.vers, pipelines, manholes, and connections; water, 011 1 and gas pipelines; telephone and telegraph power lines; a.nd the applicat.ions and appurtenances necessary or 22 -" convenient for connection therewith l in, ever, upon, through, across and along the PREMISES or any part t.hcreof, and to e.,ter the PREM!SES for any and all s~:ch purposes. CITY also reserves the right to grant franch~ses, easements, rights of IoId)', and permits, in, over, upon, through, across, and along any and ~ll portions of the PREMISES. No right reserved by CITi' in this clause sha.ll be so exercised as to interfere ,; .. mreasonably .ith 'IENANT's operation hereur;der~ CIT¥ agrees that rights granted to third parties by reason cf this clause shall contain provisions that the surface of the land shall be restored as nearly as practicable to the original condition upon the completion of any construction. 20.. HOLDING OVER In the event TENANT shall continue in possession of the PREMISES after the term of the Lease, such possEssion shall not be considered a rene:wal of this Lease but a tena_ncy from month to month and shall be governed by the conditions and covenants contained in this Lease. 21.. DISPOSITION OF ABANDONED PERSONAL PROPERTY If TEN~~T abandons the PREMISES or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to TENANT and left on the i?REMISES forty-five (45) days after such abandor~ent or dispossession shall be deemed to have been transferred to CITY. CIT):· she!l have the right to remove and to dispose of s':.Jch property 1ofithout liability therefor to TENANT or 't.o any person claiming under TENA1n~ and shall have no need to account therefor .. 22. QUITCLJo.IM OF TENANT I S IUTEREST UPON TERMINATION Upon termir.ation of this LI?i3ise for any reason, including but not limited to termination because of default by TENANT, TENANT shalj, at CITY's request execute, acknowledge and deliver to CITY within five (5) days after receipt of written demand thereof, a good and sufficient deed • ... hereby all rig!1ts, title, and int.erest of TENANT in the PREMISES, is quitclaimed to CrTi' .. Should TENANT fail or refuse to deliver the required deed to CITY, CITY may prepare and record a notice reciting the fai lure of TENANT to execute, acknowledge and deliver such deed and the notice shall be conclusive evidence of the termination cf this Lease. and of all right of TENANT or those claiming under TENAN~ in and to the PREMISES .. 23 -. 23. eIT°l" s RIGHT TO RE.-ENTER TEN~~T agrees to yield and pea·e.eably deliver possessio::. of the PREMISES to CITY on the date of termination of this Lease, -whatsoever the r6ason for such terI:'lination~ upon giving 'Written notice of termir.ation to 'I'ENANT~ CITY shall have the right to re-enter and take possession of U".e PREMISES on the date such termination becomes effective without fUrther notice of any kind and without institution of regular legal proceedings. Termination of the L~ase and re-entry of the PREMISES by CITY shall in no way alter or diminish any Obligation of TENANT under the Lease terms and shall constitute an acceptaDC€ or surrender. TENANT 'Waives any and all rights of redemption under any existing or future laW" or statute in the event of eviction from or dispossession of the PREMISES for any reason or in the event CITY re-enters and lawfully re-ta}~es possession of the PREMISES. 24. CONFLICT OF INTEREST TE.~ANT 'oI'arrants and covenants that no Official or employee of CITY nor any business entity in ~hich any official or employee of CITY is interested: (1) has been employed or retained to solicit or aid in the procuring of this Lease; or (2) ""ill be employed in the performance of this Lease without the divulgence of such fact to CITY. In the event that CITY det~rrnines that the employment of any such official, employee or business entity is not compatible with such officialfs or employee's duties as an official or employee of CITY, TENANT upon request of CITY shall i~~ediately terminate such employment. Violation of this provision constitutes a serious breach of this Lease and CITY may terminate this Lease as a result of such violation. :2 5. EMINENT DO~.AIN In the event the ~hole or any part of the PR~~ISES are condemned by a public entity in the la .... ful exercise of its power of eminent domain, this Lease shall cease as to the part condemned. The date of such termination shall be the effective date of possession of the 'Whole Qr part of the PREMISES by the condemning public entity. If only a part is condemned and the condemnation of that part does not substantially impair the capacity of the remainder to be used for the purposes required by this Lease, TENA.~'I' shall continue to be bound by the ter:ms~ covenants and conditions of this Lease. However, the then current minimum annual rent shall be reduced in proportion to the relationship that the compensation paid by the condemning public entity for the portion condemned bears to the value of the entire PREMISES as of the date of possesston of the part condemned. 24 - If the condemnation of a par~ of the PREMISES substantially impairs the capar,ity o~ the re!!lainder to be used for the purposes required by this Lease, TENANT may! .,. Te=m:inate this Lease and thereby be absolved of obligations under this Lease ",'hich have not accrued as. of the date of possession by the condemning public entity; or B. Continue to occupy the remaining PREMISE'S and thereby continue to be bound b:t the te!'1lls, covenants and conditions of this !.ease~ If TENANT elects to cont inl.le in possession of the rem:ainder of the PRE."!ISES, the then current anr,ual minimum rental shall be reduced in proportion to the relationship that the compensation paid by the condemning public entity for ~he oart condemned bears to the v~lue of the entire leased PREMISES as of the date of possession by the condemning public entity~ TENAN'J.' shall provide CITY with wri1:t.en notice advising CI'r~ of TENJ>..NT's choice within thirty (3D) days of possession of the part condemned by the condemning public entity. CITY shall be entitled to and shall receive all compensation related to the condemnation of all or part of the PREMISES by the exercise of eminent domain except that TENANT shall be entitled to that portion of the compensation ~hich represents the value of the TENANT constructed improvements tor the remainder of the Lease term. The amount to which TENANT shall be entitled shall not exceed the actual cost of improvements constructed by TENANT reduced in proportion to the relationship of the remaining Lease term to the original Lease term. using a straight line approach. 26. CHANGES IN PRICE INDICES Clauses contained in this Lease may provide for adjustment based on the Consumer Price Index, component indices, or other indices. Should these indices be changed, altered or cease to be published, the follo"""ing conditions shall apply: A. If the subject index is changed so that the base year differs from that used as of the month in ~hich the term co~~ences, the subject index shall be converted in accordance with the conversi on factor published by the publisher of that index; B. If the subject index is discontinued or revised during the Lease term, such index shall be repl~ced by another govermr.ent index or computation which will obtain sub3tantial1y the same result as would be obtained if the subject index had not been discontinued or revised. " . 27. POS'!'-ACQUrSITIm; TENANCY TENANT h:ereby acknowledges that its occupancy of the PREMISES is sUbsequent to acquisition of the PR~1rSES by CITY. TENANT fu~ther understands and agrees that as a pest-acquisition tenant, TEN'AN'T is p-ot eligible and furthermore ~~ives all claims for relocation aS6istanc~ and benefits under federal, state or local law. 28. HAZARDOUS SUBSTANCES A. Defjnition. As used herein, the term "Hazardous Materials" m~ans any substance or l!'.ate:.r ial ,"'hich has been determined by any state, federal or local governmental authority to be capable of posing risk of inj ury to heal thJ safety, and property, including petroleum and petroleum products and a11 of those materials and substances designated as hazardous or toxic by the lieS. Environmental Protection Agency, the California ""ater Quality Control Board, the U.S. Department of Labor, the California Department of Industrial Relations, the California Department ot Health Services, the California Health and Welfare Agency in connection ~ith the Safe Water and Toxic Enforcement Act ot 1986, the u.s. Department of Transportation; the u.s. Department of Agric 1..l1 ture, the U. S. Consumer Product Safety Co~~ission, the U.S. Department of Health and Human Services, the U. S. Food ana Drug A'Clministration or any other governmental agency now or hcreaft~r authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term nHazardous Materials" shall include all of those materials and substances defined as ntoxic materials" in sections 666BO through 66685 of Title 22 of the California ~ode of Regulations, Division 4, Chapt.er 20, as the same may be amended from time to time. B. :l~AtJT's Use of PREM!;;; __ :E~. During the term of this Lease, TEN}.NT shall abide and be bcund by all of the follo ..... ing requirer:1ents: i. TENANT shall comply \Ilith all la;.,'s r,olo{ or hereafter in effect relating to the use of Hazardous M"aterials on, under or about the PREMISES 1 and TENANT shall not contami"ate the PREMISES, or its subsurfaces, with any Hazardous Materials. ii. TENAllT shall restrict its use of Hazardous Materials at the PREMISES to those kinds of materials that are norma!ly used in constructing the Project~ Disposal of any Hazardous Materials at the Premises are strict.ly prohibited~ Storage of such permissible Hazardous Materials is allowed only in accordance 'With Rrl..E.ASE,s. i/UWMS 26 ~~.,,_I , • all applicable la~s now or hereafter in effect. All safety and monitoring features of any storage facilities shall be approved by CITy/s Fire Chief in accordance with all laws. iii. TENANT shall be solely and fully responsible for the re~~ting of all Haz3rdous Materials releases to the appropriate public agencies, "'hen such releases are caused by or result from TENANT's activities on the PREM!SES. TENAN'I' shall irrL'Il1edi~tely inform CITY of any release of Haz.ardous Materials, whethar or not; the release is in quantities that ;.'ould otherwise be repo..-table to a public agency. iv. TENANT shall be solely and fully responsible and liable for such releases at the Premises, or into CITY's sewage or storm drainage systems. TENANT shall take all necessary precautions to prevent any of its Hazardous Materials frot'! entering into any stor'm or sewage drain system 01.-from being r:eleased on the Pre~ises. TENANT shall remove releases of its Hazardous Mater leIs in accordance ""ith all laws4 In addition to all o~her rights and remedies of CITY hereunder, if the roslease of Hazardous Materials caused by TENANT is not removed by TENANT within ninety (90) days after discovery by TENANT; CITY or any other third party; CITY l11ay pay to have the same removed and TENANT sh311 reimburse CITY for such costs withir, five (5} days of CITY's demand for payment. v. TENANT sha_l protect, defend, indemnify and hold harmless CITY from and against all loss, damage, or liability (including all foreseeable and unforeseeable consequential damages) and expenses (including, without limitation, the cost of any cleanup and remediation of Hazardous Mate!'ials) 'Which CITY may sl,;,.stair. as a result of the presence or cleanup of Hazardous Materials ':>n the PREMISES. vi. TENANT's obligations to CITY under this Clause 28 shall include TENANT's obligation and sole responsibility under Clause XII (D) hereof to remove the underground fuel tank existing on the PREMISES and to accomplish any associated cleanup or remediation of the PREMISES that may be necessary as a result of the presence of said fuel tank. vii. TENANT's obligation under this Clause shall survive the expiration or earlier termination of this Lease. 27 -. 29. ALL COVENANTS ARE CONDITIONS All provisions of the !.ease are expressly rr,ade conditions. 30. PARTIES OF INTEREST Nothing in this agreement, expressed or i~plie~, is intended to, or shall be construed to, confer upon or to give to any p<erson or party other than CITY and TENANT the covenants, condition or stipulations he~eof. All covenants, stipulations, proMises and agreements in this Le~se shall be for the sole and exclusive benefit ci CITY and TEN~~T. 31. RECORDATION of LEASE (RL 27.32) S Nei ther CI'l'¥ nor Ti.NANT s_hall record this Leasei hO'llrever, a. short form memorandum of Lease may be recorded at CITY's request. 28 .:' A.P.NO.120-16-68/67 PREPARED BY: BY: J.D • .KIEHL CHECK BY ••• : J. BOURQUIN REVIEWED BY: J. REMLEY DATE: FEBRUARY 5, 1992 LEGAl b)~SCRIPTION PARCEL 1 All that r~al property in the City of Palo Alto, County of Santa Clara, state of california described as follows, Beq.i.nning at a Point on the north\llesterly line: of Homer Avenue, said point being a distant thereon 100 feet southwesterly from the intersection of the southwesterly line of Waverley Street with the northwesterly line of Homer Ayenue; Thence sOIJthwesterly 150 feet, along the northwesterly line of Homer Avenue: Thence at right angles northwesterly 210 feet and parallel 'With Waverley streett Thence at right angles northeasterly 100 feet and parallel with Homer Avenue: Thence at right angles southeasterly 30 feet and parallel with Waverley street; Thence at right angles northeasterly 50 feet and parallel with Homer Avenue; Thence at right angles southeasterly leO feet and parallel with Wav~rley Street, to the Point of Beginning. Being a portion of Lot 3 and 4 of Block 23, as shown on the Map of university park, recorded in the office of the county r~corder of said County of Santa Clara, State of California, in Book "D~ of Maps, at Page 69. containing 30,000 square feet more or less. EXHIBIT B END OF DESCRIPTIOH '. --'il ---_ .. "'1, 0-~' i " t -~ F , . § " c < < , , . '::::! z ;------ > -<: ::.~ c ~ "-, , , - "- ----------------.. " = ------,-~:~" ',,-' !.-,:.:. .-:; =~ ... ~..:."'7:~------- " .:.. ~·,o:u:::: 'E" J 3el'.;:;; ;:-:...-::- ~ir~~~c_~~ ~_'~ __ ~~:_ ~~".l ... _____ .. ______ .;. ___ ...... _ ... __ J:;: :"''''.iP,C "~' ~2' 0.'. :-;: .. (." ..... -. "".;.E., --<' ; j -~, -" --"I I: 'I _______ . _____ .. _J. < • \ > -:3: 'iii \ I :1 I Note: EXHIBIT C (to lease) Description of the Project -Developme~t & operation of the Prerr,ises The description of the proj~ct to be included as Exhibit C to the lease ,,",ill be the des=ription submitted by the proposer re:spcndinq to the Reques't fer proposals and approved or amended by tna city during the selection process. Hote: · EXHIBIT 0 (to lease) Development Plans " Constr"llcticn Dra\d..,gs The development plans and construction drawings to be inch:ded as Exhibit D to this lease will be the plans and drawings submittea by the optionee and approved by the City during the option period. (See Sections 4E and 4F of Option to Lease Agreement. \ EXHIBIT E (to lease) Long Term Maintenanc~ Plan and Schedule for Buildings and Grounds Note: The maintenance plan Exhibit E to the lease optior.ee and approv~d option period. and schedule to be included as .... ill be the plan submitted by the or amended by the city during the Note: EXHIBIT II ,to Option to Lease) Plan for Care. Maintenance and Secur it}· of the property During Option Term The plan far the care, maintenance and security of the property to be includ~d as Exhibit 11 to this option to Lease Agreement ~ill be the plan submitted by the proposer selected by the City council. • HHIBlT i \l {to Clpt;cn to Lease ,A,greement) THE WlWAMS RESIDENCE HISTORlC RESOURCES REPORT City cA Paio Alto rmnce Department by G~ Sancr.az, FAlA, Architect Daryl Allen, Associate and Paul Rodrigues, ASLA Landscape AreMect 10 March 1992 GILBERT ARNOLD SANCHEZ, INCORPORATED ARCHITEC11.r1R.E • 1-flST000C CONSER VA Tlf)N 30ZZ GtE-: CA)",,"YON RD. SANTA CRU7 ... CA ~"6J (403) ~38..c68B -----'-- ----,. Table of Contents PART ONE -ARCHiTECTUAAL STUDY by G,l Sanchez, FAJA and DaJy1 Allen, Associate I. Introduction 1 !I. Historical Background CMlina 2 III. Significance of :he Residence and Site 3 r>J. klen!ificalion of Historic Fabric and AJlerBlions to :he BuIlding 5 V. Applicable Bu1lding Codes, Building/FIre Safely, and Handicapped Accessibility Requirements 9 Vl Guideflnes for Residence, Garage and Site 11 VII. Standards for Rehabilttation Work 16 PART TWO -lANDSCAPE ARCHITECTS STUDY by Paul RockigUes, ASLA I. II. III. N. Irrtroductioo Approach ldentfficalion of Important Garden Features Guidermes fO( Garden and Site PART THREE -DRAWiNGS .-( Srte FaallJres Plan Forst Floor Plan Second Floor Plan 18 19 20 23 t , i t I I - ·,-" I. Introduction The City of Palo Alto retained the firm of Gilbert Sanchez Architect Ie> study the residence and gl"OU1ldS of the WiIfI8mS Residence at 351 Home< Avenue in Palo Alto and identify hislO!ical1y and architoo!unll1y important building and s~e elemeflts. The City of Palo Alto intends to issue a Request k>r Proposals k>r a te'l8lll to lease the property; this study will develOp guidelines k>r the adaptation of the residooce and property 10 a new non-residentiai use. Gil Sanchez, FAlA, architect and Daryl Allen. associate, observed and photograpI1ed the residence on FebnJaty 19, 1992. Paul RoQ;gues, landscape architect, obsetve<i the \andsc&ped areas and noted plants and site features worthy of preservation. The residence was bequeathed to the City by Miss Rhona WiJrlams who specified that ~ be used k>r c:uftural or pari< purposes. The residence was designed by Emesl Co.'<he8cI, a noted Bay Area architect, and buill in 1907. His siIlJated on a.59 acre landscaped site (Iwo parcels of Iand). The Iittfe altai ed site includes a garage and r\Um6rOU3 site featuras such as a sandstone wall and gateway, !\ags1one terraces and a wisteria arbor. The WIUiams Residence is listed on the City of Palo Alto's H"1$toric Butlding InWntory as a category 2 structure and is presen1Iy unocco !Pied. • - II. HisloricaJ Background Outline 1871 Thomas Marion Williams is born in Duo, Wre!. Yorginia where ha grew up on 8 large family homestead. 1897 WIliams graduates from Stanford University. 1901 WIlliams rnanies Dora Est.ey Moody who was Dfiglna!ly from Vermont, but was now living in Pasadena with her farnjily. He attended CoIumbie Medical School and was in his rasidency when the couple rT'.aniad. 1904 The coopIe mews 10 Palo Alto; their firs1 iflvesIment was the purchase of 35 acres in the Coas1 Range IoverIooI<ing La Honda They bui~ 8 simple cabin here. Dr. Williams practices med"1Cine in the area, making house calls firs1 on a bicyCle and ia!er with 8 horse and buggy. 1907 The Homer Avenue AesicIenc6 is comp!eled and the c:oupIe move in. Dr. 1947, 1948 Williams lakes a par1ner after World War I. They were later joined by other physicians 1om1ing !he nucleus of what ia!er became the Palo Alto Oinic. Dr. Williams purchases an AutoCar, bef"'Wd to be the firs1 automobile in use in Palo Mo. Two daugt1\1n are born to the Wliliamses, EJizabe!!1 and Rhona. Close in age, bolt! a!iond Stanford and graduma in 1929. Dr. WIliams crIeS in 1947 and Dora Wililams dies in 1948. Dr. Williams was 8CIive in ac:Mties a1 Stanford and was an active rnembe< of the Bohemian Club and participatecI widely in community life in Palo Alto. 1989 Rhona Williams, daughter of Dr. and Mrs. wilrl3lT1S aleS and beQuea!hes the family residence 10 the citl to be used lor par'< or cufturai purposes. All of the above hiStorical information is from Sandstone and Tile, a pubficaIioo of !he SIanIord H"lSIoricai SocieIy (Summer 1987) provided by Gerard Wagstafie. Note: This ~ preliminary study in which hislOlicaJ researcil was not included indicates thars are possibly sufIicieot sources lor lt1orough hisloricaJ research to be C8f!ied O\.t. -'''' '''-. \,' .l '-;,:,!;;'~- III. Sign,'licance 01 the Residence and Site Dr. TIlOmas WiUia."llS was a Stanford graduate who practiced medicine in Palo Alto during his entire career. Dr. Williams participated in athletic aC!!Vities at Stanfurd as chair of the University's Board of Athletic Control and scppor.ed the campaign for constr'.JC!io,., of the StaDIUm. He was a City Coona1 member in 1923-26 (Hist<Vic Resoorces Inventory Fom1 '983). Dr. and Mrs. Wil'iams' two deughters, E1izabe1h and Rhona, ~ to rIVe in the houSe after the death of their parents. They were actiliely invo,'vee in community 3CtivitieS and their cattle ranching operation on Sl<y~ne Drive, tra\IeI!ing there daHy. Elizabeth a'1d Rhona Williams were philantl=pists and supported pontical causes consistent willi their enjOyment of nature and conservation (personal oommunication Gerard Wagstaf!e 1992). The residence was designed by Ernest Coxhead, an arch~ect born and educated in England, who maintained an of!ioe in San Francisco from 1890 to 1933. Coxhead designed lour churches in the Bay Area (one was destroyed in the 1906 earthquake), but after the 1890s, he was priman1y a residential archttect. Participa1ing in the building boom aile< the earthquake and fire, his residential designs were constructed 1hroughout the Bay Area and consisted of urbalI. suburban, and country house designs The fum of Coxhead and Coxhead designed two residences for Phoebe Apj>'!rson Hearst which she resided in at various times (The Berkeley Arch~ecturaI Heritage Association's Ernest Coxhood, Ivchitec~ 1SS7]. Although Coxhead was not as well-known as WiHis Polk, Bernard Maybee!< or Ju~a Morgan, he was an important designer in the woodsy regional design known as the FITS! Bay Area TraDrtion (The Ber1<eley Architeotural Heritage Association: 1SS7]. The Wilflams Residence possesSBll many characleristics of the Eng~sh country house style such as multigabled steep pitched roofs, but is less fomlai with its partially open floor plan, use of native materials on the interior, and flat-roofed section. This residence is possibly a transitionai link between the E.nglish Tudor and his later residences whic.'1 more fi;11y articulated the Bay Area Trad"ltioo. tt is be~8\ied there is 0I'.1y one other Coxhead-designed structure in Palo Alto In add"rtion to the Williams residence. rna Site The concept of the EngrlSh country house is the creation of a sense of being in the country, regardless of where the residence is located and rIO house was complete wtthou! its gardens during this time period. The Williams Residence employs a variety of landscaping mealS to create an oasis ~in the city: hedge fronting the street enclosing a somewhat fomla/ lawn, to the east a ffower garden area, and vegelab!e and herb gardens behind the house. Tan eucalyptus trees aloog the rear property ~ne 3 .-~ I I , "' .. '," - screen development :0 the west The G&"!lfl6 A gravel driveway leadS to the garage located E¢ the rear of the property. The garage was not deslgned by Coxhead (~ is not shown in the 8!cMectural drawings) and is 01 a cl6cided1y dIfferent style than the house. tt is in the Craftsman style and was mosl ijkely built at a Isler ~me. H'ogh-styie garages were designed by architec!s in the style of the 1'1ouse, but more =nmonly were built Dy contractors who used worl<i1lg drawings available from ma.l orOO< houses in the prevailk'1g p0p'JIar styles. BefOre (lAS staIioos and repair shOps were widely accessible, auto owners did their own fuer.nq and seMcJng. Incfrvidual pumps and underground gas tanks were located at home sites and garages contained areas lor washing down and working on the cars (Old House Jouml11, "The Great Americen Garage,' September 1986, page 332). The WiUiams garage WIth its gas pumps is int9raSting as rt inustrates the housing arod servicing 01 the automobile in the 1910s and 1920s. The ResidenCe The residence is rsmarI<abIy ~ !rom its Ofiginal concept and conIains a great deal 01 CtiQinal hiStOriC fabric whic!1 is representative 01 its times. The large finely detaied frving and croning WOOS, 'modem' Kitchen, piumbed bathrooms and !he doctor'S 0I'Iice an len US a great deal aboL.1 a different ere and way of doing things. While mansions and es'.ates are imponant 10 retain and restore for !heir architecttJraj value and beauty, ~ is equally importan! 10 retain reprasentatilie examples 01 architecture in settings which shed light on the lifestyles 01 the professional and middIe-<;!ass segments 01 population. Summtuy of Significance The house is significant in its own right as an example of an important Bay Area architect's work. The garage is an int6gra! part of the suburban homestead in ti'le earty years of tr.e age of the au10m0bile. The site ir:tacI with house, garage, trees, planting beds, arbors, and garden wans is significant as a representative example of the upper-middie class suburt>an homestead in !tie first decade 01 the twentieth century. Due to pressures of population groW\!; and escalating real estate values, this type 01 house and surrounding gardens are becoming increasingly rare, particularly near a downtown core. The City 01 Palo Alto has !tie opportunity to preserve this fine representative example of a prof6ssional suburban homestead fOr the future enjoymen! and education 01 the area's citizens while ii serves in a new use. 4 ;"L.-. . . i . , I I i , , , - IV. !denti!icatioo of HIStoric Fabric and Aiterations to the Buijding ~ is critical that ''l adapting the s~e end build-ng to a new use !hat features which are 'character-delining'--those features which ar" integral to the unique character of building end site-are protected and p!'esarved. This section win iderttffy character defining areas of the house and garage. See I.aridscape Report which follows !his section for character-defining aspects of ttle garden which are to be pro!~ed and ~ed. Residence Exlerior ElevatkJns Because of the careful design of the house, all elevations are important to its intagrity, However the least important elevation, end only elevation which can be modified, is the rear or north elevation, This side of the house has trad/I:ionally been used for utilitarian purposes end is !he location of the ser.rice porch end basement stairs. The front or south eIeva!ion is importanI as ~ lares the secluded garden area and contains tM entry for Dr, ..... 'ilHams' office as well as numerous landscape end garden features, The east elevation is flanked by the flower garden which is wort!ly of preseN8!ion and the west elevation is the location of the entry end w11l be the first view by visitors aMving by car down the driveway. first Floor, Living Wing, lnt1lJ1o.- The io'.erior.I of the main rooms in the living wing are more similar to Craftsman style i'lte<io<s than EngrlSh Tudor Revival, The stained redwood finishes of Itlese rooms are c:onsisrerIt with the Bay Area Traditioo interiors which anuded to na!ure end UIllized native Caifomia materials. The English traalliOn leans more toward coffered oak ceilings end paneflng, LMng Room, Dining Room, Hall, Reception Roor" end Play Room -These rooms are an considered COObiIluting to the character of the building because they oontaIn the original redwood panef'ng, built-in cabinetry, all ofiginal doors end windows end oak 1Iooring. TIoe main stairway constructed of oak in the hall is also a oontributing feature, Kitchen. Butfer's Pantry, end Pantry -These rooms are little aflered from the ofiginaJ plan, except that the ofiglnal sink has been replaced end counter top has been resurtaoed, The inoleum flooring in the k~chen and hall leading to the kitchen has been replaced .. ill', new sheet vinyl. SeNar.'s Bedroom -The north comer 01 the living wing is designated on the ofiginal 5 , <--",' :'-:;;it~ " """""' ~. ,; . . ,.::" .-~--.---= .. -.--"~ arc:hilsCll.lra: drawings as SaNBnt's Bedroom, This room and its adjOining closets, whict1 are lacking in unique arcMeCiiJraJ finishes, are a good candidate jor adaptation lor new uses without the loss of si9cmcant historic labrie, K<tChen (SeNice) Porch -This room originally had screens to the outside on the north and was iit with a window onto the front porch, lhis windOw has been covered O'ler when a stairs was onoe instarred here for Dr. Williams to exil the hOuSe during the nigh! when he was called out on house calis (Personal communication Larsen 1992). The original plans indicate wash tubs located where laundry sinks are placed today and do no! indicate a skyfiQh!, which is JYesent today, Because this utilitarian room has been previously altered, lacks architeCiiJraJ finishes, and is on the rear of the house, ~ is a good candidate for adapta1ion. A small to~e1 room is located 10 the east of tt-.e kitchen porch. The tnt floor is not w!leelchair accessible at present due to a lack of 30" clearance in doo<ways. l.aboratory -Next to the sma!! toolet room is a room designated on the original plans as LaboraIory. A fascinating feature in this room is an original, unaltered sink. The sink has a wooden drainboard and e ~ meta! sp!as.~ on the baCk. Very few examples 01 early sinks remain due to remodeUing and it is very rare to find one in mw.. Unfom.na!eIy, this room, which is without other distinguishing characteristics is in the best IocaIion for han01Capped aooessib!e blat rooms and ft may be necessary to remove the historic sink. Operating Room -Designed for a very spedfic US!l, this room has buih-in shelves, a comer Sink (original) and a skylight overhead. These adaptations are very interesting and WO<thy 01 presefV8IioI1. Office -Dr. W~liams' office oootributes to the character of the Office Wing due to its panermg and fireplace which characterize a Bay Area TradItion interior, Reception Room -This room is important as tI'.e entry into the Office Wing although ft is lacking in 81 chiIecturaI finishes, In genetIII, the 0ffi09 Wing is wen-detaIled and interesting with no afteralions whatsoever from the original design. All finishes and origit'\81 dOOrs and windows are in place. Second Floor, Interior A master bedroom with a fireplace and dressing room, lou< smaller bedrooms, two 6 - ·' bathrooms and a cIosed-in porch comprise the upstairs ar,j all are remark&bly intact from the original. The only aJtaratiDn at the Second Floor is the Sleeping Porch on the west. The original plans irxflCate L'lis area was originally open air with a low wall encloslng ft as a balcony on the west side. French doors opened onto it from the house. The west side has been later closed in above the balcony wall with a frame wall and "indow, but the original heaIIy texture of exterior slucco still remains on the no<'i1 and eas1 walls, The window installed is one of the few windows in the house which Is of a dlf!eretl! 1ype, incflCa!ing tt was installed at a later date. A built-in ~nen dcset in the hall is finely-<letaJled a~d worthy of preservation. n alterations are necessary for a second exit from the upstairs, a bedroom could be aitered as there are several other origi<1al ones, Ii this is done, retain original trims and bases and reinstall on new wall. Other ContributiiJg Nchfl9Cturai Features The doors and windows (with the axr.eption of one window at the Sleeping Porch) are origjnal and should no! be altered as they are important character-defining features of the residence. Fireplaces and mantels in the lMng Room, Master Bedroom and Dr. Williams' office are custDm-designed and are irrep!aceBble and integral to the design of the house. They SOOJld be preserved regardless of whilther they are pU! into use, The redwood panerong throughout the main rooms is an important aspect of the Bay Aree Tradition style and should be preserved and protected. The painted mural was most ikely done by one of the Wilroams sisters and is a unique feature which deserves protection. Oak flooring throoghout (With area rugs, not wall to wall carpeiing) is typical of the time period and should not be altered or damaged, The eiactrical flghli!1g fixtu<es are brass and of high quaitty. They should be retained and repa;red as needed, If additional ~ghling is needed for a new use, add task fighting or new fixtures which are unobtrusive. The brass button-style swttc11 plates are unique and interesting and should be preserved-particularly in the character defining rooms. The bui~-in furniture in t"", Dining Room and the Butler's Pantry are important because they "IUStrale the manne; of meal serving durirg an eariler era If it is necessary to to widen a door to the Dining Aoom. alter the Butler's Pantry as rlllle as possible. The D<ning Room shOuld no! be altered. 7 'L • Garage and ('-.as Pumps The QafII9Il is a singie-waJI construction vernacular building supported on a mJd sill. The building is sided with wood and has mul\ipaned wood wifldo\.o,,,. Fealures of Interest on the building are original hardware 00 !he 'bam-style' doors and wooden gutters. The building is si!uate<l \IfJfy near the back property nne. The gas pumps are from !he 19105 or 1920s and are worthy of po-eservetion due:o ttlE'ir uniqueness and wI1at !hey tell us about !he ear1y technology of the autOmobile age. 8 rn - V. ApprlCable Building Codes, BU'kf"'9/ Fire Saiety, and Handicapped Accessibility Requirements Below is the category from !he Uniform Bu'di'1g Code racommended to govern '.he rehabilitation of !he residenc6 along with O!her chapters witnin the code. n is !he ieast restrictive of ca!ego<ies and appropriate lor proj<3CIed uses or !he building. Building Type: v (N) non rated Occupancy: B2, Office Building/Museum Existing Grose Square Feet of Hot;se: FIrS! Floor: 2,566 ~ 4,392 Second Floor: Subtotal: Basement Total: ~ ("""timated) 4,992 (not including garage) Allowable buldlng area lor Type V (N) is B,OOO square _; thus the Williams Residence is within !hat amount. AppIiC8bIe Codes: 1988 Uniform Building Code CaJ'rfomia Slate Histolic Building Code (Title 24, Builcf"'9 Standards Part B) 1988 Uniform F~e Code PAMC Trt!e 15 (F~ Protectio(1) and 17 (Hazardous Materials) Americans with Oisabil'rties Ad (ADA) Butlding Exiting Requirements Acco<ding to !he 1988 UBC, W more than nine persons occupy the second floor, two exits are required. The required distar.ce between exits on trus floor is 32 __ As this is not possible to achieve without a negatNe Impact to th~ important eltMllions of the resic:lenc9, • is recommended to request an exception as ~ is possible to achieve a cflStance of 26 __ 9 '~i~t~·:L.'6;' ~c2~,.,~." __ . -+.t"; - • -. ADIJItJonal Requirements by City of PalO AJto 1. That residanoe be fully ftre-sprinklered 2. ThaI first floor Joists and foundation pIaIas be boiled to the concrete foundation and thai there be positive connec!ionS at beam to !X'9I to piers. 3. That complete eIecIricai system be brought up to the requirements of the 1990 NEe. This would require aIllunclioning wiring bE; encased in conduit. Note: Placing wiring in conduitS will require a great cflSlUfJlion 01 pias1ered walls and historic finishes. ~ is recommended thai aIIematiYes be explored. The State KISIoric BuildIng Code allows (at the discretion of the enforcing agency) existing systems such as knob and tube wiring when l is in good COIY.ition. See Sec!ion S-007 ElecIricaI, page B-27. "Existing sysIems. wiring n I8Ihods and eIecIricaI equipment which do not. n the opinion 01 the enforcing agency. oonstitute a safety hazaro may remain in use.' The City of CamplJeft is allowing existing 1926 wiring and oulleI receptaCles 10 remain in use at the hisIuric Ainsley House which !hey are rehabilitating. 10 . ---""'",'-- ~ ~~-~:':'~ "'""" ~;,:,t~ .""-.,c"'~ - •• "'$r< < /.,,')~r~ d" ~, VI. Guir:!elines for Residence, Garage and S~e 1. Protect and prese!Ve walls, paneling, floors, ceijjng!l, doors and windOWS and their hardwarn, buih-in fLlmilur", fireplaces a."ld rlQhljng fixtures/switchplates in the fo!1owing rooms: Living Room Dining Room Hall and StalrHay Play Room RecepDon Room Add no attachments which will deface pane!!ed or plastered walls or any other !eatu<es within the abov9 rooms. 2. In the Xitchen, retain floor plan. It tt is necessary 10 install new kilchen cabinetry, seieCt a style tMI is sympathetic with the historic, but can easily be read as 'new.' Ii the Panlry next to the bacl< porch is removed for any reason, dorument _ photographs the cooling feature which allows COOl basement air 10 enter the pantry through a screened opening for s10rage of pota:oes, onions, etc. 3. Servant's Bedroom and Two ClOSets -These rooms can be anered due 10 the preseooe of less finish wOOL The wall cflViding room and doSe! and s10rage rooms can be removed ~ ft is necessary for an efficient use of the room. AItef as few cIoon;, windows and trim as possible. If any cIoon; are refT1O',ad, identify and save. 4. Sad< porch-Because ft has been previously altered a."1d ft is not on one of the most h-nportan! eIeva!iofls, ~ is a good candidate for handiCap\lE!d entry. Laundry sinks and small toJ1et can be removed 10 a.~ow space for " new accessible loIlet See drawings fol\owing. ~ is likeiy the ftat roo! wirr need 10 be redone as leaking was observed in this area This existing skylight wiD need 10 be rwr.oved for the secondary exit from the upstairs. ~ is not originai [not shOwn on plans) , but was most likely added when stairway was put in which closed up a window between the front porch and back porch. 5. Retain and do not aliBI' south porch and west porch. 6. Upstair3 -Retain all door, windows, finishes, fix!JJres, etc. at all rooms upstairs. If a new corridor for exiting is needOO upstairs, I'9USI! existing base and trimS on the new warr. >L·~ .. -; , I 11 · :;;~.~~~-,:-,~ ." ,~~J;~;,' - 7. Retain and use existing plumbing ~.xtu,es in Master Bathroom and second bathroom. 8. Basement -This is a utJiitarian area and can be used for mechanical equipment. 9. DocIor's Office WIflQ Laboratory -We rscommend this room as the best location for loilet rooms on the ~rst floor, one handicapped accessf~. lhIl historic original sink and cabinet will require documentation prior 10 its rerT1OVlil. PhOtograph the sink and cabinet In place. Then carefully 'emove, clean, and reinstall in the Operating Room Of display as an exhibit in main rIVing area DO NOT DESTROY THIS SINK AND CABINET. 10. Operating Room, 0... Williams' office, and Recepliao Room -Use these rooms withOut altering in floor plan Of finishes. Restore skyfight in operating room to meet current codes. Note; ~ may be r.ecessary to remove c:1oO<S to meet accessibility requirements, but this is a lesser impact than Maring door fraones. 11. The AmeJicans with OisebRities Act (ADA) requires M 2CceSSib~ity into any space tha1 might be used by a disabled person, but W a reasonable portion at all its facilities and accommodations are on an acces5ible floor, ~ appears an elevatOr to the second floor is not needed. It is recommended an office be located on the first floor (Servant's Room) and a pathway deve!oped lhrough the kitchen and hallway into an the main rooms. This is assuming tha1 no exhibits will be upstairs and the staff oonference room would be locaied on the ~rst floor. Accessible doorways can be achieved by removing c:1oO<S (and In some cases door stops) to create a 30' clear space into an first floor maln rooms. If it G impoltant to close ofi a room with a door, the door frame may need to widened a few inches and original frame reillStalled 12. ~ IS recommended to locaie the wneelchair accessible tonet room 00 the kt.chen porch. A ramp will access the kitchen porch from the parking lot While this is not the main entry, because of its convenience from the parking lot, ~ will be \1eavIly used by building users. Handicapped parI<iflg spaces will be deslgnaled in the parking lot NOle: Prospective lena'Jt can consult his accounting depattment for tax incen!ives available for rehabiJilaJioo expenditures incurred due to complying with the ADA See A Galifomia Soecific Mini IntJXQ!!:1ive Manual on /he Americans with DiflBbilities Act published by Ihe Galdomia Council American 1nsti/1Jfe d Architects, page 5. 12 - Exiting 13. In ~ event ~ is not possible or desirable to limit the upstairs occupancy to nine persons, ~ will be necessary to develop a seccJ(',(j exit from the second floor for emergency purposes. The recommended method or achieving a second exit the necessary dstance away from the present exit is to construct a new I'lallway and door (of the required width) by removing a closet in an upstairs bedroom. This hallway "'ill exit over the flat roof to a stairway on. the north lace of the Doctor's Office wing. See drawing. The stairway will be as unobtrusive as possible, but will be recognized as new 14. The existing ramngs at both sides of the main stairway must be eJCtended to meet requirements of the 1988 uac. This can be cIo<1e by removing and reattaching the railS to pIas1ared walls at a 42" Might The free standing oak raJ1 (particularly at the second floor level) will need an ackf.<tiooal new oak raj attached to the existing to achieve the required 42" height BuflcJing and Fire SaIety 15. InstaJI a commerclal fire 3prinklet system. Prior to installation, the arch~ect and fire spr'.nkJer specialist will work togetIW to ~ a method which least impacts historic fabric. Subm~ method to City Fire Department for approval prior to beginning work. 16. If cospensatioo canr.oI be granted for replacement of the existing electrical system, study and develop a method for replacerMn! which least impacts historic labrie. SUbmrt plan to City for approval prior to beginning work. 17. Retain a stru...'"IlJraJ engineer experienced with historical building codes to analyze the buikfmg for seismic S!ab!lity. Whatever wcr1< is reoommended will become part of the work plan. 18. If the tenant installs a new heating system, ali new shw are required by code to be ooe-l1our oonstnJetion. It is proposed that all existing shw be a~owed 10 remain 'as-is', as it would severely impact the historic fabric to modify an the shab. This decision will be up to the opinion of the enforcing agency. 19. Basement Separation (Sec. 1703) requires that ceJlir.g be one-hour fire resistive construction and doors be se~ closing. In order not to effect the historic door leading 10 the baserr.ent, rt is reoommended to instan draft preverru()(1 devices. Note: Asbestos heating ducts were Observed in the basement tt is not within the scope of our services to address this nem, but will be the responsibility of the City. 13 - .;,.-. - 20. ShOre building up for seismic stabilization and maintain as a storage building fOI' gardening equipment. Interior partition walls can be removed fOI' improved storage space. The wall along rear property "na will oot need to be a one hour wall C use oC building remains the same. In the event, building is rehabililaled for a different use, a one-hour wall win be required. Clean and retain gas pumps. Pa!l<ing 21. It is recommended thai the parking be plaCed 00 the north (rear) side of the residence and that the Single auto access driveway remain on the west side. To maintain a histone appearance on the site, install stabilized daco;nposed granite (Ca'''omia gold) on driveway and par1<ing lot Requirements are: FIrSt and Second floor gross square feet: 4,392 4,392 SF dl"ded by 250 = 18 car spaces 18 x 350 SF per car = 6,300 SF or required parking area Refer to Site Plan. 22. Construct a new driveway and parl<ing area wiItl han<i.capped spaces Use decomposed granite (Cardomia go<d color) to retain a taeiing of an earlier era 23. Construe! a concrete walkway and wheek:hair ramp (integraJ.rolored) leading into the kitch8n porch Ackiitiona! Builcling Area 24. It is not recommended to add any addAA.'flS to the residence as they would alter the compact design of the house and would impact :mportant areas of the historic garden. If add'rtior.ai square foot are needed, it is recommended to rehabilitate eldsling garage by el<lending it \0 the east (wtIi1e retaining its rustic appearance). However, it should be noted that as adcf!lional square feet are added to the residence, the required parking area wlll expand also, unless variances for parking requirements can be acquired. 25. It is recommended that the par'.ong area r.at be moved further south than shown on the Site Plan, so that the herb garden area or the trellis are not compromised. 14 -L 26. h is reoomro>ended Ir.at a deiailer;f ConditiOO Assessment be CO<TlpIeted ~ 1he house and garage by an architect experienced wi:t; histolical buildings prio< to construction documents being prepared. This would include architectural, strucIlJral, eIecIriceI, mechanical and ,001 inspectioos. A tefm~e inspec!lon is alsO recommended. 27. Because bui!Orng is ~sted en a City H'l!llork: Inventory, ~ is exempt from Title 24 energy requirements, Howev .... , fur a more efficient use of !he building, it is recommended to instaIT insulation in the a:tic space and under the first floor traming. 15 • ; -. <, .. -" '-." . -,;;. The Lessor VII. S1andards for RehabMation Wori< It is 1'6COO'llTH!",ied !hat the lessor remairl invot.ed in all aspects 01 the project including selectioo of the architect, suboonsu!lants and genera! corrtractor, the rehabilitation work, and buikflrlQ maintenance. n is no! recommended for th3 lessee 10 proceed wiIt1 any wur< on the project without the lessor's review and approval. The Lessee It is recomrrHmCled !hat the leSSee be aware of the importance of this hisloric residence and s~e to the City 01 P9lo Alto and understand that any wOO<. effecting historic fabric should be undertaIcen wiIt1 persons who are experienced in historic restoration. " is recommooded the architect and hisfhe< consultants (structural, mechanical, and eIecIricaI enginaers, flre sprinIder specialist, landscape arch~ect and cost plamer) be spec:iaf1Sls in the rehabolitation of historic structures a'ld s~es and are experienCed wiIt1 the unique challenges that must be addressed. The fire sprinkler spec;arist should work with the art:hitect to design a system wt1ich least impac1s historic fabric. K is recammen<led the structural engineer be experiencad wiIt1 the California State H"istoric BUllcflrlQ Code and other historical codes and undersIand the value of historical matarial prio( to carrying out a structural analysis. The General Coolrac1or It is recommended It.at a select number be inviIed to bid the rehabilitatioo WOf1L it is recommended thai the lessor and arch~ect hold a mandatory pre-bid conference at th6 job site to l"9IIie'N the documenlS and discuss the rehabtli1a!kln. General contl'aC!ors no! atIa'lding this conference would no( be allowed to bid. ProjeCt Review It is recommended the projecI arch~ect, prio( 10 starting hisfher services, review the proj9c1 with the City 01 Palo Aha Bu.ding, Planning a'ld Rre clepartments. It is recommended that this projecI be reviewed by the Cty's Arch~eclural Review Board and Historic Resources Board. 16 PART TWO HISTORIC GARDEN ASSESSMENT by Paul Rodngl'es. landscape Ard1itect ,oa locust Slreet, No. " Santa Cruz, California 17 • \. i I - Gardens acquif& hisIOIic 5ig! Ii!ic& ICe ttvough time !or diverse reasons. Places rsfated 10 ~ _ 'J( pOIII ... ( ~ commonly take on cultural/historical impott9nce. The garden cA lt1e Williams family in Palo Alto is significant :or two reasons: first, beNI!!SA t is a setting !or the historic building designed by lt1e noted Bay Area arct>itact. Err.est Co>Ct1ead and secondly. although vemacular in character. ~ was construcIed by the WiIiM1ses, a prom;ne<rt Palo Alto family and remains nearly f1lact as a repo "e ,"'!hie B><arnpIe 01 parochial garden design form in !he early part cA this century. In addiDorL tMre S a OO .. SisteilCY 01 matenals both in plantings and constructed elenlei ItS whici1 creates a __ cA n!agriIy and form not commonly apparent in tIllS type cA garden. A few cA lt1e ma!ure pIantiI gs have reached sizes not readily found in more recent gardens and some pian! specit. ""IS are somewhat urlU~ in !hat they are not frequently used n CaIiIomia gardens today. It is obvious thai in the past lew yeIn. the drought con<fotionS have begun10 take a toll on lt1e garoer" The dead redwOod tree in the front yard is an incfocator cA recent negiecI and harsh 001 IditioI IS. Steps ~ to be taken quickly f this 91"0011 is going 10 be saved. ~ ye« or two cA undlecked groMh. weeds and lack of summer _ may destroy much more cA !he garden's chsracter and be more costly 10 ~. 1>J.!he same tlme P<dc use cA lt1e house and garder> win require improvemer1ts and perhaps modfficaIioo IS to garden areas. It is !he purpose cA this f9POI1 to review the sigI ifoca A IIl6men!s cA!he garden and prepare some basic guidefones !or its future use and main!enance. 18 o}. - II. Appro""" In the process 0( developing guidelines for !he preservatioo of the historic character of this garder, _81 key criteria have been used to evaluate and provide the basis !of judgemems. One· is !he malerial or feature ir1act, in good condition or does ~ have some special historic relevance? TWo· is the element essential to the 0-..11 a<lSIhetic or visual character of the garden? Three· are !here adioos or improvemems which need to be urx1ertaken w11ich would contribute to the long term SUNivai 0( preservation of the garden? The following invef1!ory of garden features, then, has been evalUaled wit.., these questions in mind. Aft'" the inveo!ory, a series of specifiC guideftnes and recommendations Io!low. ~ should be noted that this study by no rnea'lS purportS to be a comprehensive survey of eli significant historic garden elements. rne MlUre of overgrown condi!ioos end the need 10 do further research into family and local records necessitates that this report be somewhat general and hypotheticaJ in some of its dlarac!8riza!ions. ~ this writing, informatioo end sources are stm being pursued end further details could be discovered. Some excavatio., end garden clean-up could L.OlCCM>r adlfrtional garden e!emems. Perennial end annUal plants were just begiming to sprout during the course 01 the survey. Follow-up surveys in late spring and summer could further embellish the plant fistings end tum up many old style pI"nt rr.ate<ia1s, especiai>f bulb and rOO! pIams. Any immediate wor!< in the garden should only be undertaken with this ooosideratioo in mind. It should be noted that references to locations within this report such as hero garden, ~r garden, :r.Jit,lvegetable areas and ponds are those of the author and do not, at ttMs point, have any connectionS to historical designations by the family. The accompanying plan Is a sketch for referral only and is not intended 10 be used as a measured drawing nor is ~ necessanly complete in its portrayal of all garden features. 19 ···.·L·. .. . - III. idantification 01 Imponant Garden Features The following fflento<y and assessments are d"rvid6d :~o two broad categories. First are the plants and secondly the garden constructioOs. Where circled numbers or Iett<!rs appear, tney comJS9Ofld to me plan which IoIIow:; Plants Redwood ~G> It .. grooping oIltvee \rees in the NE comer of the !root garOoo, closest to the street are in relatively good condrtion. Their size is consistent with having been planted 75-<30 ~ ago. The two other redwoods nearer the driveway are not oong well. One Q!9 appears In be 00ad and should be removed. The Olher shows SIll" ot streSS and should be watered pericxflC8lly cluring the summer. There is a smaJIer redwood @apprOximalely6' -8' diameter (near the wall/fountain) bIocklng a portion 01 !tlIII ffIaIure. This appears to be a root sprout and should probably be removed befonl tt damages the paving. ~ ®. Thef9 are several mature myrtle plants in the garden. They an appear to be varieties ot True Myrtle (Myrtus communis) and the most import'3f1l specimen is the 12'·15' small tree nearest the ;x>fCh/lOggia in the front garden. The aestt>etic quaJi!y 01 the trunk cI1aracIer and the tree form is most attractive and provides a prominent garden foo..ls. All ef!orts should be uodert8ken to inWre tt-.at this specimen 'IS maintained and preserved in a healthy coodition. YJlMl@. Thef9 are two large, specimen English Yews (Taxxus baocata). Their importance deriYes b9caJ ISe 01 their siZe and age. One is located in the IronIIIow9r garden area, the other near the wistl!<ia attoor. These are rarely planted in Cafrfomia gardens today and they should be proIeCIed. They appear to be in good health. ~~ 0 -(j) -The other trees and shrubs in the garden are fairly common landscape plants. Their significance arises because of their maturity and becausa 01 the overall character they provide to the garden. The tIlree eucaJyptus trees in the back are 01 uodete<mined specieS (perhaps common), but have been poorty pruned. Two appear to be on the rear property line and present something of a maintenance pcOblem for the adjacent buildings. They provide effective screer.ing, however, and should be replaced ~ I is determined that removal is needed. Pittosoorum hedge ® -The street frorrtage, &N pcoperty boundary and driveway are [mad with 8 continuous pfanting of Pittosporum eugeookles. This has been maintained as a 6'-8' hedge and forms an effectiIIe screen/enclosure. ~ creates a serene garder1 setting for the front of the house. Although not uncommon and easily replaced by like specieS, tIlese hedges are an important garden feature-very much as an archnectural 20 L 1 ... 7(-' ,-, ..J - e!Grr.a."'It Some pruning aJong the clrtveway (garden side to lower It',e height might be advantageous, This would provide better visuai acress 10.-the house and entry areas, Additional plantings could be done a!o<"\g the N E property nne to expand tile screen effect from the adjacent buildings, Shrubs, hArIli!ooJor; p/antsjIDQJ\ower ""rdel] -There are numerous other flowOOng shrubs, perennials and atV'.uaIs scattered througroOUt tile garden. Some species '1".ay be unusual .arieties such as tile dogwood or tile many iris. Furlt)er study is certainly WOI1h pursuing. No doubt, spectaCular spring and summer flower displays would be apparent with better maintenance, Care should be take<> to save these by transplllll!ing. if any site construCting in this area is carried out A more precise inventory should be undertal<6f1 to be sure the: any rare Of unusual varieties have not been O'Iertooked. Herb QllCden -Only a few remnant, hardy. drought-tolerant herb plants have survived in tile aroo to the rear of the house. These ind'lOate this this area was probably used as an hert:> garden in tha past. This area could easily be replanted in a somewflat formal manner and COUld be used as an e.ample of a kitchen and me<:flCina/ garden consistent with the period of tha house. The rear of tile house ... ill eccommodate a ramp for handicapped accessibility to the buiiding, This should be designed only in conjunction with a restored hart:> garden. Fruit and ~den -A few assorted small :run trees still survive to the rear north COO1<lr of tha property, Other than these, the only OOvioos Indications of the garden are tha stone bo<ders for the paths and the planting beds. Further dean-up and irwestigation of this area needs to be done Wore any impro-ements are made. CanstnJcted FsarufeS Sandstone/flagstone paying @ -ThiS appears in !we areas of the garden: al the front entry porch and steps next to the clrtveway, and in the waI'<way and patio across the front of the r.ouse. There may be ether areas of this pa.ng in oll8rgrown portions of tha garden. tt :OOks in generally good con<frtion. Some weeding and clean-up is needed, Near the fror.t porch. the paving is rather low in relation to the surrounding area Water ponds in this area and some drainage WOfI< needs to be done. ~stooe wall and ~ ® -This arched wall off the comer of tha house provideS a wonderful entrance to the front garden from the clriveway, The monared stone appears to be in good conortion. although n was probably construcIed withoI.t rlrinlo.-cement The wooden gate itself needs to be completely reconstructed, Sandstone wan ~eway and fountain © -This complementary wan at the opposite comer of the house is similar in construction to the entry off the drtveway. It, too. seems in good con<fltion except that the attached grape arbor is falling apart and 21 L , · >., ... --" - needS recoostruction. The gra;>e vine preser.ts a fine sculptural silhouette against the sandstorle and some artful pruning coukl make this a special garden feature. The IounIain doeS not appear 10 have been used in a V<Ry long time. Its terra cotta fioo's heed is eroded beyond repair. WrIh careful attention to design and de!aJl, this element could be traI ,sfD<" red into an attractive local point. W1th a 5e:>si\Ne approactr ~ could be restored or slightly modified 10 become a combination pIan1er and water feature. Saods!poe birdbath and ~ @ -This is not as altractiva !OS some of the other SIOOe garden eIemen1S. ft is Ioca1ed in or near a~ area &aid 10 have been a pond. The bircllath should be relocated 10 a less prominerl! area of the garden. Another sma.~, drcu!ar wa1er garden/pond appears to have been loca1ed in the flower garden areaa There are stili some good specimens of Japanese iris growing lhe!e. Sanc!s!one borders ® -The most remar1<abIe elemern: in the entire garden is the stone borders. They are everywhere and add a consiS1er1CY and structure to the garden not immediately apparent or appreciated. Many plarrting beds ere almost entirely """'grown, but in a few comers or edges the S10r>ew0rk stin pe<oists. An extensive clean-up of the boolerS and paths would reveal the importance of lhis eIeo, lent W any portions cf the garden are redesigned or disturbed, the slone material shook! be saved, stockpiled and reused to provide borders for new areas. Note: the stone material is a sandstone V<Ry similar in character 10 thai used 00 the Stanford campus. After the 1906 earthquake, unkrk,wo amounts of sandstone pieces were removod from debris of damaged buildings. Bruce Wtggins of Stanford University GroundS Maioteoance Corporation Yard (telephone conversation 1992) statOO thallI".ere is a strong passibiI~ thai sandstone from the campus COUld have made A ~ to the Williams residence, as ~ has been !oood in other areas off campus. WISIBfia arbor ® -Crossing and cfMding the gardens 10 the north of the house is a fairly large (10' • 40' +) arbor. Mhough simple in constructior1 wi1tlOUI architectural de1ai1 this is a major spatial element in the garden. It is in relatively good structural concrllion and certainly should be retain&d in the gard9n. The wiSteria was yet to bud (lUI during this study, but it most certainly must provide a ~Iar d"lSpIay of flower and color when ~ is in M bloom. A garden feature of this kind warrants particular 8I!8ntion as a major deSign elem&nt. Driveway and mar parking area @ . -p; <.sa gravel areas are also in relatively good condition. In the center of the rear par\<Ii'9 area is a concave coocrete slab which appears to haIIe been a dry wen sump lor drainage. n no lOnger functions properly and becomes a pond during rains. A com~ ~ drainage system should be developed. H is said a greenhouse was loca1ed near the rear property Una at one bme. 22 L .. I ,~ ~ t ~ . ., i I I -- 1. IV. Guidennes for Garden and Srte Many portiOnS and areas of the garden are overgrown and negIecIed. Undertake a thorough ;went""! and survey of the srte to document what still exisls. This should include a deflo1ed site boundary and topog<aphic sur.'ey and an accuraIe location and iaentfficatiGn of as many garden features as is possible. In adcfrtion severa! plant inventories need to be done from spring through summer to docuroont what peremial and annual plants have survived and to fvrther evaluate the health of the larger trees and sh.'"Ubs. 2. My modifiCations to the garden for arAition8I building, improved parking or outdoor lIC'dvily areas should only be done with the involvement 01 a !andscape architect experienced in and sensitive to historical aspects 01 this kind 01 garden. My removal 01 plants or features should be t!1oroughly documented and phOtographed. Reoonstruct>ons or new feaIuras such as !ences and gates should be in keeping with the character 01 the existing archrtectural eiements. Complete planS and drawings should be prepared prior 10 any construction and approved by a landscape arch~ect. 3. Prepare a ~ drainage plan with recommer.<letions for improving some of the problem areas. It should include the possible instaflatioo of a subsurface systt>m n portiOnS 01 the site. 4. Design and instafl an automatic irrigation system in the garden. This would h.m'" 10 be carefully desig."led and constructed SO as to create the least amount 01 disturbance. n is the only way to improve the economic feasibility 01 mainlaining such a large site. 5. Maintenance: Immediate Adion Preparatons should be undertaken to begin some kind 01 maintenance as soon as possible. Another summer without water and with unchecked weed 9rOlO1I1 could be devaStaIir.g to this garden. lpng Term Whoeve1' assumes respons<blity for the house should include adequate proviSion of funds for garden maintenance. 23 'L VI EW FROtoi 5TRc:n MYRTLE TREE FRONT GARDEN L l_ ENTRA~CE AT DRIVE~AY , \ B1P.DSA. TH REAR GARAGE AND EUCALYPT~S L '~'I STU::':, ARBOR , • L - ",-~. -'-~---,-,~. -'-',~ -~~ 1 . ~ III !~ H ~~ " HlliU • ~ ~Z "" ';'!;;~ o ~"r~o~ g y ~ \,1 O.a l? \1 " li ~ \: '. u. --' ,~ , r:::::--- II ri-'! 1 -"-1 -, 11-._ i ~--=:J '" '" i~:: it i! <Xl , I '? '" I , It '-'tr' .J,l. _ ~I(j I t ... " l-to/-'.,.it 1 ~ ~ -, ~ -' ~ 1 ~ ~- f ~_o a o :-1 ill &-: ,oj-J @--:III:,lli i \, i I 4~r="",,"--l=:::'I'" 11 ~" ~ -~I t----!i i i J ~ ,I _ II .... lS ~v " ___ ~l) I K ! -~ ! ! - / ATTACHMENT D PROPOSED PHYSICAL CHANGES TO PROPERTY and ENVIRONMENTAL ASSESSMENT WORKSHEET , ., ~- -~-~~- C'T!" PROPOSED PHY§-.J~A_~ CRAHGES TO FROPERTY ond !b~IRONMENTAL AS~ES~MENT WORKSHEET For purposes of environmental assess~ent of the proposed project, provide th~ following: 1. A summary description of all physical changes proposed to the site and structures~ (Cross referenci:1g to proposer's response under Attach~ent AI Proposed US~, Historic Preservation and Develop'fIl.ent of Property, vi 11 b<; a 11o<..;ed.) 2. Complete and sign the attached Environmental Assessment Workshe.:-t~ ATTACHNENT D \ :-1 I I ! '[ • '- Citp of Talo 'Rlto fN"'IRONME~TAL ASSESSMENT IoIORKSHEET Addr~ss of Pr~ject ______________________________ _ Corrent Zonfng _______________ Compreh~nsive Plan Deslgnation' _________ _ Applicant: N.rne ________________________ ___ Owner: yes_____ No Addre" _________________ _ Te1ep~,0f1f ____ _ Application fer: Site and De'i9n ___ __ Parcel Map ARB Rfview ________ _ Use permi t Zone C'00ge____ _ [lA, E1R ___ _ I. EXISTING SITE I. Size of 'ite ______________ _ Asse~sor;s Partel Number 2. Site is Q'Jmed _____ rented ______ by app1it::ant. 3. Exi st i ng u so of p roperty _______________________________________ _ 4. Total number of building occupants for the existing use _______________ _ S. Number of existing parking spaces _______ Perc~;'1t of compact s.paces ____ __ Number of existin9 bicyc1e parking spaces ____ __ (la,' ____ _ 6. Number of existing structures _______ Current use _________ _ Wjl1 any structures be demo'lshed for this project? No __ _ 7. Size of existing str~ctures Cand 1 t ; on ____________ _ 8. [f tht current use is residential: Number of owner-occupi~d units Number of renter-occupied units ________ __ a:efawork..doc Page I .-,. - II. PijOPOSED PROJrCT 9. Description of project 10. Humber Qf structures propos'='d ___ _ Size (in square feetL ____ _ 1 L Number 0 f fl 00 rs ___ _ Square footage of Each fl 00," _____ _ 12. Pel"Cent of site to be cav€rt!d by pavement: _____ _ 13. Tota1 number t)f bu; 1di ng occupants for the proposed project __ ~ ______ _ 14. ff the proposed use is residential: Tota' number of urits ______ _ Number of units/acre' _____ _ Expecterl sal!s price or monthly rer;t per dwelling unit List kinds and SlZes of cC1TIl1unity buildings' ____________ _ Area of priliate open space' ____ _ Area of CO;11mon oper. spacf _______ _ Provision ~f low/~oderate income units: lJ Number o~ units pn:v;ded for: sale' ____ _ rent 2) Sale a.nd/or rental price· ______________ _ 15. Total number of vehicles exp~cted daily for proposed project _____ _ 16. Number of p!"oposed parking sp3ces _________ Percent of cOl!lpact spa.(.es __ _ Number of proposed bicycle parking spaces ________ _ Class Are any toxic wastes to be discharged? le' ____ .... __ Na' ___ _ (If yes. please complete a Sewer Discharge Questionnaire, which is furni,"ed by the Building Department) 17. Has this facO ity in th€ past or wi 11 the operatinn of the proposed facil ity invol ve the storage or use of hazardous rnaterhl s7 Yes___ No _________ _ (If yes, pleas~ complete a Hazardous Materials DiSClosure Checklist, which is furnishEd by the Fire Department} a:eiawork.doc Page 2 " - 18. hpected amount of water usage {except for residential developments of fewer than 4 units not locite~ in the foothills): Oomesti'C ______ ,gal/day Peak use ________ gal/mir. (ollmerc; al ______ 9'l/day Peak IJsE _______ ..c9a1!rnin hpcct~d fire flow demand _________ ,gal/min 19. O,ily sewer dhcharge (over 30 fl.tur.s on;y) ___________ _ 20. Expected energy use: GiS. ____ t"e""s Electric ____ KWH Peak electric dem'nd ___ _ USfS and equipment sizes A. Space heatln9: 6as, _______ _ BTUH _____ _ Solar ______ ~_ Electric ____ _ KW ___ Heat Pump' ___ _ Ton5 ___ _ Olhor ________________________ _ 8. Air conditioning: Number of uoits ______ _ Total to •• 09' ____ _ c~ Water Heating: Gas ______ _ BTUH, ______ _ 5010r _____ _ Electric __ KW, ____ _ H,=at ?ump __ _ Ton:; Oth.r ___________________ _ Type: Central system __ _ Individual systems __ _ ReCirculating loop? Yes ___ No __ _ D. Other: Indoor 1Ig"tln9 __ KW ____ Outdoor 119ht1ng __ KW __ _ (00kln9 ___ _ KW __ _ Refrigeratton ___ _ Tons or ftl __ Motors___ HP __ _ X-Ray __ _ Computer ______ ._ a:eiawork.doc Page 3 -'. " 31. L."d U5es .djacent to site ______ _ Preparod by __________ _ Date HOTE: More f~fcrmition may be required before the appiicatior. for which this assessment has. been prepared can be pr{lcessea. Please t:all the Department of Planning lnd Community Environment at (4J5) 329-2442 if you have any questions . • :e hwork. doc • \