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HomeMy WebLinkAbout0560.093\ ", 13 Ncvember 4" 1'9930 HONORABLE CITY COUNCIL Palo Alto, Califo~nia ULL:r:"MS DOPQTY, 1Sl BOKER AVIJroE -REQUES'!' FOR COU1!JCXL DX'ECTION Xe~~rs of the Council: Report fa Brief This report requ~sts Council direction on proceeding with the option to lease with the Lace Museum for the Williams property at 351 Homer Avenue, due to the withdrawal fro~ the project of Palo Alto Stanford Heritaqe. and the Wome.tl's Heritaqe Museum. The withdrawal of ~~ese groups constitutes a material change to the approved Preliminary Aqreement and, therefore~ necessitates staff's return to council for 4irectio~. Backgr9UAd In Auqu.st 1989, the City vas notified that Rhona Williams had willed her property to the City of Palo Alto. On January 13. 1992, Council accepted the Williams property and improvements, located at 351 HOlller Avenue, and directed sta,ff to prepare a Request for Proposal (RFP) tor an option to lease the site. On Ap~il 1), 1992 J Council approved the RFP package and directed sta.ff to solicit proposals. On July 14, 1992, proposals 'Were received from the Peninsula Conservation Center (PCC) And the Lace Museum. On October 5, ~992, Council directed staff to pursue an option to lease with the pee, provided that the PCC revised its plans to better conform with the Historic Resources Report and retain the historic integrity of the structure and qarden. On May 27, 1993, the pee notified the City Council that the Peninsula Conservation Trust FUnd board had aecided to purchase an office building instead of pursuing the renovation of the Williams house. On June 14, 1993, Council dire~ted staff to p~oceed to negotiate with the Lace Museum for an option to lease the williams property. On August 9, 1993, Council: CMR:560:93 1) Accepted the proposal sUbmitted by the Lace Museum and authorizo!d the Kayor-to eX"ecute the Prelimiraary Agreement with its attached form of Lease, amended to waive the $5,000 purchase price of the optiorl and to add a condition requiring CO\lncil review and approval of the Lace Museum's proposed: program prio~ to the exercise of the optionj 2) Directed staff toO participate as necessary in the grant proposal to the County, vith the understanding that ~f funds are granted. staff 'Will return to Council with a recoIlUllenda­ tion to adopt an ordinance ~o dedicate the property for park purposes; and 3) Authorized the Mayor to sign the Lease upon noti~e frnm the Finance Director that all or the conditions o~ the preli~inary AgreeDent have been satisf Led and that. the Lease has been executed by either the Lace MUseum or a nonprofit corporation formed during the option period consisting of members of the Lace Museum, WOJDen's Heritaqe Museum (WHM) and Palo Alto Stanford Heritaqe (PAST). Current status o~ Option to Lease an4 con52L~Ym On Auqust 11, 1993, staff sent the Preliminary Agreement with its form o~ Lease attached, a6 amended by Council, to the Lace Museum fo~ execution. The Lace Museum notified staff that it was workinq on an interim temporary ",-greeJllent amonq the members 0:[ the ·consortium,· the Lace Museum, WHM and PAST, and the exe.cuted document would be returned in a fev weeks. On September 8, 1993, PAST notified council that it had withdrawn from participation in the consortium (see Attachment A). On September 22, .1993,. WHM notified council of its withdrawal from participation in the project (see Attachment B). Following the withdrawal of PAST and WHM. the Lace Museum stated it~ desire to proceed vith executing the Preli~inary Agreement and its commitment to carry throu9h with the proposed improvements and progra. outlined in its original ~roposal (see Attachment C). Approved Preliminary Aqr .... nt aDd L.~~e The withdrawal of PAST and WHH constitutes a material change to the approved Preliminary Agreement and, therefore, ne.cessitates s'taff's return to Council for direction. Although the preliminary Aqreement approved by Council on August 9, 1993 provides for the Lace Museu~ to execute the documents as the optionee and the ultimate lessee, it does require that PAST and WHM also ultimately be sublesse~s. In addition, the Preliminary Aqreemant acknowledges that the three groups may form an umbrella CIIR: 560: 9 3 2 1 j I i 1 I '. " • / corporation during the option period, to le9ally define and stren9~hen their association. If formed during the option p~riod, the lease would be &iqned by the nonprofit corporation. Also, the LAce ~useumts oriqinal proposal included participation of all three qroups in the pr-oposed rehabilitation of the property and operation of the proposed use and programs. A summary of the Lace Museum's proposal is attached (Attachment 0). LIce MU.809'. propo8a1 witbqut PA!l and ~ The Lace 14useum wishes to proceed with signing the Preliminal."'Y Aqreement, revised as necesEiary to reflect the withdrawal of the other two groups. The Lace Museum still intends to carry through with the proposed improvements and qeneral program outlined in the oriqinal proposal. The La::;::e M-useUlll plans to rehabilitate the property, and# once it is restored, sublet space in the house to appropria.te interested cO'CllDunity organizations "wiiho 'Wish to. par­ ticipate and contribute tc the program. Altho~gh the Lace Museum has concluded the most efficient way to rehabilitate th& property is for the Lace MuseUltl to be the lessee, once the property is restorea# the Lace Museum still intends to f~rm a nonprofit. corporation to operate the facility. The Lace Kuseum~s attached letter to. staff outlines its expecta­ tions# plans 3nd commitment no.... that the other 9roups have withdrawn. A SUlIULary follOVIi! Through the display~, lectures and workshops as described in the ori9inal proposal# the Lace Museum Expects to create a community center for thos~ who are interested in the life.style of a Palo Alto family in the early part of the century, in the practice of medicine at that time and espe­ Cially for those interested in lace and the history of lace. The Lace Museum expect'S to reserve the. living and dining rooms for the display of lace and several ~f the upstairs areas of the Williams hous~ for the storage of lace. The living and dining rooms vi11 be furnished with antiques in the style of the early 1900's; and these rooms, as well as the other roo~s on the first floor, will be open to the public. Lace Museum volunteers ~ill be available to explain the lace on display and the history of the house. The two additional reception roo.s on the main floor of the house can be used for addition­ al display, meetings and/or a resource library. The doctor's office suite will be used for hist.o.rical d.isplays, particular­ ly those r91ated to the practice of medicine of the period. The plans for the display and storage of lace will in no way limit the occupancy of tlle house to only the Lace Museum~ The Lace Museum u,,1.derstands that the historical displays, par­ ticularly those related to the practice of medicine, are best a&semb~ed by groups and individuals with expertise in those CKll:560:93 3 ·/ areas. They welcome the cooperation of other groups. includ­ ing' the oriqinal members of the consortium. The Women's Heritaqe Museum ha6 indicated that once the house is ready fo~ occupancy, it will reviev their position on participation and may beco~e a sublessee. The Lace M'J.seum is cC)mm.itted to the historic presf!rvation of the house, garage and gardens. Their architect, Jerome Bishop, is donating his services to the project and will ~o~k with the Lace Museum's qeneral co.ntractor, Jo!argaret Feuer. Mr. Bishop had pe~sonal contact 'With t.he williams family, is a member of the National Trust for Historic Preservation and has worked on historic preservation projects~ Mr. Bishop has met with the Chairman of the City's Histor1C Resources Soard and 'Will follow the guidelines set out in the Historic Resources Report. The Lace Museum is pre!:,ently looking for a landscape ar-chitect versed in preservation to oversee the r~storation of th~ garden. The Lace Museum continues to support thO!: formation of the Moody Williams Center for the Historic and Cultural Arts. as a nonprorit corporation to operate ~he property once it is re~tored. However~ the Lace Museum proposes to be the lessee durinq the rehabilitation of the propert'y4 Once the pr-operty is rest-ored; the Lace Museum ant.icipates that a nonprofit corporation wi 11 be formed.. which will consist of a mix of Lace Museum members as 'Well as other individuals at larqe~ The attached documents are currently drafted to provide that if the nonprofit c~rporation is formed, the Lace Museum will return to the city Council to request council approval of an assignment of the Lease to the new nonprofit. If the council gives its approval, thereaft~~, the nonprofit would be the lessee and operator of the property. If the nonpr-ofit is not fo~cd, the Lace Museum will re.ain the lessee. Revised Preliminary 1t.SLoE!!_ement and Lease rhe Preliminary Agreement and form of Lease approved by Council on Auqust 9, 1993 has been revised as necessary to reflect the withdrawal of WHM and PAST (Attachment F}. Generally. the revisions consist of deleting the references to WHM and PAST~ thus leavinq the Lace Museum solely responsible for carry inq out the purpose. program and imprcvements of the Preliminary Agreement and Lease~ The specific revisions made to the original doc~ent are summarized in Attachment E. The Lace Museum has executed the attached revised Preliminary Aqreement and form of Lease and has paid the required $10,000 security deposit. CMR:560:93 4 ------''". -~---~"".-~-----.. ~---- , ( • I . As discussed in the Au~st 9, 1993 staff report, a ~ajo~ part of the Lace Museum t s costs for the proposed improvements is to be financed by a grant to be applied for by the City throuqh the santa Clara County Historical Heritage CQmmission~ Grant applications for the upcoming y~ar are d",e November lS, 1993. The grant application is being prepared by the Lace Museum and will be ready to submit by November 15, 1993 shoula the Ccu~cil choose to proceed with the attached revised Preliminary Agreement with its revised -torm of Lease. lltC?M9p4atiol1 staff is concerned that the Laet= Museum does not have a stronq financial position, commensurate ~ith the significant expenditures that will be required to realize the terms of the lease. staff projects that ~~ will need to spend considerable ti~e supporting the Lace Museum during the option period because the Lace Museum ~oes not have administrative resources~ staff also believes that~ were the request for proposal process to be re-initiated, that there. a.re Qthe.r potentia.l cO'llllnunity groups cmd organizations wbo may be interested in taking responsibility for the Rhona Williams house.. If Council wishes to proceed with the revised preliminary Agree­ ment, staff recom.ends that Council: 1. Authorize the Mayer to execute the attached (revised) Prelillli­ nary A~reQmQnt with its attached form of Lease, which doeu­ aents now reflect the withdrawal of PAST and ;""'lIM from the project: 2.. Oirect staff to participate as necessary in the qra!\t proposal to the County, includinq authorizing the City Manager or her designee to sign the grant proposal, if necessary, with the under&tandinq that if f!Jnds are gr.anted~ staft' will return to Council with a recommendation to adopt an ordinance to dedicate the property for park purposes; and, J. Authorize the K~yor to sign the Lease upon notice from the Finan=e Director that all the conditions of the preliminary Aqreement have been satisfied and that the Lease has been executed by the Lace Museum. Or, If Council does not wish to proceed with the prelimihary Aqr.eement with the Lace Museum, direct staff to prepare another RFP for the property and to return to Council for approval of the RFP and a CKR,560,93 5 • I ~ I i Budget AmendMent Ordina~ce to appropriate additional funds for continued maintena~ce of the property during the interim. ~espectfully 6ub=itted, ~(/J.={--:V~ ~ET FREELAND ~ ~ FinanCi~lyst firecttr 0 ,Ftnance k N y,' I ~.' /'~ I n'tINE FLEHI NG \ ! ~ity Manage.r VAttaclunents: A B C o E F Letter from PAST Letter Letter Summary SlUtImary Lease Revised from Women's Heritage Museum from Lace Museum of Lace Museum's proposal of Revised Preliminary Agreement preliminary Agreement and Lease Related staff reports: CMR:226:91 CMR:I03:92 CMR:188:92 CMR:208:92 CMR:435:92 CMR:493 :92 CMR:305:93 CMR:3J2:93 CMR:445:93 cc: The Lace Museum Women's Heritaqe Museum PAST Historic Resourc~s Board w~ Davis Larsen sandplay Therapy , Training Institute Co..unity Impact Sar~h and Mark Segal Margaret and John Toor CIiR:560:93 6 and .. ' . ~. -/ " ~ .. " PAST Palo All-a. Sl anford HERITAGE Septemoel S, 1993 The La!:e Museum c/o Cherie Helm 334 lJncoln Avenue Palo AlIO. CA 94306 'Nomeo's Heritage 11useum c/o Jean McDonnell 1509 Portola Avenue Palo Alto, CA 94306 It is the understanding of Palo Alto-Stanford Heritage lbat the City Council's objective for ti;e \;"'iHiams Bouse is to cre:l!.e an integrated museum and park "[nat would alia .... ' interaction on the part of both adu!ts and children; that the skills of the community would be broadiy utiLized; and that the consortium of our thre~ organizations would create a uniquely cohesive Palo Alto historic resource, [Plea.~e see attach-:!d paragraph P, page 7, of the Preliminary Agreemen~ adopted by Council on August 9, 1993.} ReluC!antly~ the PAST Heritage Board has condu/Jed that the efio.:""ts of the tf..ree g."!'DUpS and L'le process de\'eloped cannot .acCOr.1pJisr. lie goals of City Coune-J. Although we ;l~"e met wee)J~l since the Council's decision to gra.nt the ,:onsorUiJrn tb: iease option in JL.nc., efforts to reacil a collabomtive .:lpproac~1 to the Couf1.cil's intentions have frii1~d. Fu-:--ther. \,-e believe that the proces.s is m.)\ling toward lirnitec p::::n.icipation ratber than ~'roader p1Tticipatlon., and we are cG=tcerned tr.. ... 1 the cor.st.:rtium L"'i. developing a facility to house org:miz.ations rather than bUilding a community resource. Further. PAST Heritage has Significant concerns U1a: we \\-ill be unJb!e to adequateTy monitor the rehabilitation process to guard the his.toric materials in the hO'Jse. garage, and the gardens. and therefore cannot t.llfill its primary responsibilities ur.der rr.e proposal 10 City Council PAST~ therefore, is withdrJwing itS. participation fror.l the Williams HDuse consortium. jCo-Chl/ir 415/325·9209 l cc: City Council /:7 . I / /=C;f %.,! /-,....41t~/.A .. l.Lu .. / Co,Chair / 415/856·6990 ~ j J PAST Hen'rage. 2139 Bel1~'iew Drive. Palo Alto, California.. 9-1303·]-10.J. ATIACHIIENT A . '" p / p. Proposed program ,~.pproval LACE MUSEL1~ shall have 5l.l.c ... itt,",d to, and shall havE;; receive::i appr-oval of, it~ pr-oposed program for' tJ"';e PrQject ("Proposed Prograc") !ro~ th~ City cc~ncil. The City Council's review of the Proposed prograr.. shall b~ for t.he purpose of ensurir.g that the Proposed P("og~a::,~ to be operate,~ under the Le2.se roeets the Counci l' s ey.p;ct.~ti C':"JS a:1d undzrstar;aing that L::'.CE MTJSE\J}!, the Hc!:',en/s EE!:"itao:;e ~1..Ose'Jm arld FAST have c::.::"te together to: (1) i::iprcve <'.IT,:;: preser\'e PF.OPERT"! in order to dencnstrate the histo~:r' of the ti;:,e and lifestyle of the. Williams family; and (ii) create a~d operate a unified cente= for the historic. arts, Qffer-ing an inte';rated progra:::l utilizing all pucl::"c a~t;.2.S C: P?Or'tK""!'i, ... ·hich are open ar.d accessible to the public at t~e 03~e t:~~. 5. EXERCISE OF OPTIOr,; If at any time during the option te!:'T1 under this Aqree:':,ent L:.CE MUSEUM has satisf ied each and E".'ery condition prec~ci.ent se:t fQ=":~. in Clause 4 hereof to t.he sat':sfaction of CIT'll LACE :-r.}SEUM !:'.av exercise tee option to lease ?F.oPERT'{ by giving t~e Real propert;· Manager .... ritten notice cf !..ACE }'!USEL"M~s elec":.ion t·:J do S-=:, acco!':)panied by t· ... ·o (2) [lrc,perly execut-ed copies o!" t:'1e L~<;'!se. C::ri shall execute the Leas"=! \,',ithln one {l) r.,cr,th of receipt of L::'CI MUSItIM's request to eXo!O:Y"cjse tr,e option in acc:Jrdan;::~ :"iith tr_is Clause. 6. GENERAL CDriDrTIoNS A. Review by City LACE MUSE'Ul1 i'1ereby ackno'.,Iledges that or'le: cf the: purposes ':I: this Agreenent is to a~fcrd LACE r-r""';SEl..--:~ and CITY ~:-.e oppartuni t..-::, to o ... ,:e:.-:::i~e -.;;.:.t.heor C~ ;lc:t 1';,:':: :-~:..:.sE-'..:l1 is able -:.'=' n.eet the various c:<r.ditio;--,s and obtain the required approvals as set fort.h in t!:.is P.';rac~ent to imple::::ent the projec:.. Several of those cDndit:'cns invDlve cbtai:1ing revieW" a:'"ld approval fra~ officQrs, e~p10yees or agents c! C:~¥. Each o~ -those revie'.-is shall be CCTH::::.:ctea in an indepe.'1d'2nt t"Lann=r c.~::l nothing contained herein shall be dee:r.-.ej to limit t:~.e jurisdiction cr authcri ty C"C..;' er· .... ise possessed by sa id off icers, employees or agents in tt,€:: cor.duct: of such review. nothi:-.q contained in this Agreement shall be aeened te' inply that s2.:d approvals -1o,o'i11 be fcrthcc::-.i.'"lg, ar.d the fai 1 c:re to issue: a-:-.'j such approval or pe~~it t; a~y officer, e~~!c~·ee C~ agent ~~ CITY shall r.ot be dee;:,e::' i.n 3":")" m3.nr'.er a. b:-each of t:~.':'s Agree~ent, nor shal: any such denial give raise to any cla':'=, liability, cbli9ati=~1 at ca~s~ of ac~iQ~ ~l~~ res~ec:. to t~:s _::'_gree,::"ent or :.he Le:=se. ;::~. '': -, . :; .... :If~ i~; :,!,~. :.! •.. , W::nnen·s Herltoee Museum ~', d· ;" .' ()ffleE OF THE CITY MANAGfR \509 Portela ..... ven (.Ie 810 M",-k1; St. # 547 SepHu:::lliIer 22, 19"93 Mayor Jean McCown ar.d Council Me!nl:",ers C.", HaD 250 HatniIton Avenue Palo Alto, CA 94301 We are writing to inform ~'O'J that we are no longer ;perticipaW,g 85 one of the three groups in th& p;opose1 that wa.s submitted to the Council iOI' the use and preserva.tion of the WilliA..--es proJ:>4IJlty at 351 Homer Avenue. The three organizatiOns, Women's Herita.ge MU$ewn, Pa:o . .e...1to Stanford Herita.ge, and the Lace Museum. joined forces under t~.e leadti:rshlp of the-Lace Museum, a.n.d '6"\.lbmittQd a proposal to the City for the leasE, £ubs~quetltly, PAST MUldrew, and shortly thereaIte:;. the Lace Museum. Board of DirectOl"s decided ti1at their vision fo! the proyerty was lnoompatihle with ours. We therefore are relucta.:1Uy compying with their wishes and withdra'Wing ow participa.tion. ~ Cbe.-:e: He-lul, PrasiCEnt, L"c<:! I'.Tu$ec.m. El.i..zabeth Colton, President, Worr..en's Hl!ritage M:.::seun::. ATTACKMENT B -----~ Ms. jan.t f .... elond 0' /. THE LACE MUSEUM 334 Lincoln Avenue Palo Alto, CA 94304 Real Estate DtvI!.lon Oty of PaID Alto Post Office BoX 102 >0 Palo Alto, c.4. 94103 0' October 5, 1993 Re: The Rhona Williams property known as 351 Homer AYf!)l'C Palo Alto...J:A Dsr Ms. Freelond: Thls letter will r<affirm the programs and plans of the Lace MUseum for the Rhona WWIaJns property at 351 Homer Avenue. In vie .. of the recent withdrawal by the Women's Henta,e Museum and !he Palo Alto Stanford Hontage as associates to the proposaJ., The Lace Museum wlshes also to reiterate Its total commltmel1t to the historic preservation of this PlOputy, The Lace Museum expects to create a community centet for those who an. Interested in the hre style of a Palo Alto famUy 10 Ibe early pact of thIs centlU1', 10 the practice of medicine at that time, and most esp«ia1Iy for those Interested In Jac.e and the histDTY 0 r lac... This will be doW! through dJsplays, lecturH, and works!aops as ducribed ID !he orlglDal pro posal. The decision by !he City Council of Palo Alto to award the option to lease ~ WllIlam. property at 351 Homer Avenue to The Lace Museum as lesS<'t! with the subles.ee. Women'$ ~Ia&e Kuseum and Palo Alto Stanford Heritage created an unusual opportunity fw three community·based, volunteer ollmiza!lons to join in an endeavor .. bleh would proVIde each of them with ~ space and !be ability to promOIl! their individual prognuus in 811 sympa_ envIronment. The or.IIIliuUon.s sba .. , an Interest In history and were exctted by the idea of keeplol a oouse, buUt 10 ATTACHMENT C .. . "" ... !907, vibrant and useful in 1993 and beyond. The advantages of thls co·habitation were self·evident. It i, also obvious WI an agreemrnt of understanding 1'.1lJch would allDw the three organizations to worl< smoothly tOl.ther ,...dS of the fint priority but \IDfortunately. this amtDllement has foullder<!d heN. It is not surprlsinl that ~re bave been difflcuI~s in <rutinl sucb an agreement. The effon bas been severely complkated by m., fact that the organizations. wh~ sharing !lmilar uplrations and som .. of the same n<'ffl •• also have some imponant differences. Conservation of the William. property Is a shared concern. The Lace Museum bas ~n particnlarly active in publiCiZing the need to keep the bouse, Karase and ,arden intact and a m.iling of over SOO le~ to .enaton. en\1ronmental group., and supponers last sprlng led to p~gu of mOD"V. antiqu .. s. and bullding materials of over 120,000 In value. A list of donations and dODOrs will be made available to the Council. Itow""r, The Lace Museum bu been motivated chiefly bV the need for suitable, secun space to display (and Slo~) lIS large and vllluab." colle<:tion of antlqne lace. The Lace Museum !s the 911b' museum in call1'ornla and one of the kw in the nation, which seeks to allow the general public to see more than • few pieces of lace on a regular basis. AD other coDectfons at lace, for example; the Stanford 1.a<:e., the collections In san FrIUlCISCO and at The LA. County Museum, are in reserve. or arcbives and are 1lIIJlvallahle for normal view. Why Is this so? Lace Is DOt eoy to display. It is tragile, easily damaged by contlnual bright liaht, by dust, and by handling. Small pieces are easily stolen, large pieces reqllire special moUDlln" lI1lUIDeqUiIlS, and other considentlom. In addition, without special documentation and often individualized explanations, many viewers misjudge ,,"hat they see and fall to appre<:late either its history or the incredible amount of time wbich went Into creating it. This need fDr spa<" is the reason that Tb" Lace Museu .. expects to re5"rv. the main reception rooms and s",,,eral. of the up.taln; areas of the WIlliams 1I0us<: for lace. Tbe reqUIrements noted ~----------------~ 3 above have result.<l in the acreptance by Tbe Lace museum vohmteers to make themselves .vallable as docents whenever the hou~ Is open, ami have sugge.ted the .poda) rules regarding meetJnl sp"""" and food servlce which The Lace Museum feelS are UKessary to protect the colloecUOD. The Lace Museum also recognizes that insurance tosts and security risks are il:icreased because of their needs ard accepts the added financial costs .... hich this entails. The Lace Museum eIiWlons the liv!n& and dining room furnished with antiques to resemble the reception rooms of a 1900-sty)e bollSl!. It is \:mp<>rtant to ",member tlUIt lace 'IOU .. most tmponant I'umIsblag item in 1907 and that additional lace d1spla~ were bOt at aU uncommon then, and w1Il be as hecoming today as they a:re approplillte to the culture of the early 1900·S. These rooms would be open wbenever the house was open so that all visitors to the 1louse could Io"k into th .. .m or .... lk through them as they wished. As noted above, The Lace Museum volunteers would he available to explain the lace on d1splay and also to talk about the history of the house. S<Jme of the lace would probab Iy remain on vie.. permanently. other disp lays would change according to .pedal proJlUlls, Ioectures, classes, etc. wb!Ch would be offered from time to tim ... These plan. do not mean that The Lace M\l$\!um Intends to place lac" tbrollllhout th" entire house. or that it expe<ts 10 function p<!ntIanently as if It W6e its only occupant. The 1.8ce Museum Is fully aware that t~ most besuttful llKe was «:reated In an his torkal sequ~e and that It is best UDderstood by people who appreciate hlstory _ The Lace Museum warmly w..komes the run cooperation of other IlOUP' In thIS common eDdeavor IIDd Will continue to search for ",.y. to Implement the broadest community cOllll«tions from the original members of th" CODSOrttum and otben. Indeed. the Women's Herita,e MUseum has suggested that ODce the hou ... is ready for occupancy they will review their poslt1on on participation. An Invttatlon Will aIS<J be extended to The Palo AlTO Histort<:alA"""iation and albers. The doctor's offtce and adjoining lOOllU Will make II supeI! ... ttins for all som of historical displays, partICUlarly those related to the practice of medkiDe of the pel1od; these are best assembled by organiZations whose special Interests and ""penis. ;'t " ., 'I 'I j .. 1 \ lie in the •• directions Some community participation alou! th~s. lines bas already been offered; a doctor with the Stanford medical school bas sugg .. ,ted " display showing the his.tory of Black women. In medicine in Santa Clara CQUilty. The two additional. reception ,o<)ms on the main floor of the house can be used for sdditional display. meetings, and/or a resource library. As. future pro).,.;!. "The Lace Museum would like 10 ,ehabllitate the inside of the garage to provide a general meetllll plae" (.omething badlv needed) for cODl1nunlty grollps of dlffering sl" ... and a kitchen to cope with catering needs. It i. the con.idered view of The Lace Mus..um that it is essential to have a blueprtnt for .pace utilization In order 10 f""illtate fUrore hRrmonlous development. In I1<J way should this b. IntelJH .. ted 8' limiting the Involvement of ally of the sroup. which may be sharing the fadlities, nor need sucb plans '''ggest that the bonse would be seen as housing comi'~eIy $epllnt. unafftllated orzanlzations. Cooperation sbould lead to the development of " Integrated COlnJDlIJlIty resoUITe. It is also Important 10 note tbat lb.e Lace Mnseum is add ba. always be-en totally committed to safeguardlllg the bistoric Materlals ill the houu, garag" and CB!rl~. ru an example, we are currently working with an architect to .« if it is not pos$lble to preserve the old slDk In tho doctor's Jaboralozy room by redesigning the toilet facilities which must be added in that part of the bUficUog. The archiTecT propo$Od by The Lace Mu ... um is .180m", Bishop, a Stanford graduate wno bad personal contact Mth the Williams' fam1ly. and wllO Is donating his serviCes lO this community project. Mr, Bishop, a member of the National TN,t for HIstoric PreservatIDn, is currently working on Ul historic proJUt for The Henta, .. Park in Los Altos Hills. He will work with our ,enenl contlat"'T, M ..... lIIet feuer. Mr. 15\$1101' bas met w1th the Chainnu of the Historic Resources Board and will follow the guldeUnes laid d"WIl by the WWia!ns Residence Historic Resource. Report as prepared for tho aty of Palo Alto. The lAce Museum Intends to Insure tbar the process "f rehabllltatlon Is properly d'lCwntnted "" !bat the wad, done Can serve as 11. guide for other organi%atioU$ facing slmllar restoration. Thls was one of Ibe projects proposed by FAST WWcb bad the group's ennn approval and will be taken over by a sUitable coJl1lllittee appointed by lb. tOIl$Ututed Board of Directo",. We ar.. pres~r1y looking for a fa 1 __ " -------...,..-._. --- /' labdseape architect Vttled In pr~st:rvatiuD to oversee tb'!: restoration of the garden, Tbe ConsortIUm wrestled with another thonr, subject: the allocation of places on th~ various governing board. which are needed to operate during the option and construction ph • ..,. of this proje<t, It b an unavoidable fact that th~ main l •• see. The lAce Museum. wtlJ bear the chid In1lIaI financial risk III. the tzsJc of %?tmning the WUllams pTOpBty to a <andltlon wblch will satisfy the Palo Abo ConncU and RIIow a leas. to be signed, Of course. It 15 hoped that funds will be forthccmml from • Historical H:<:ritOoJl. Comml •• !on granl. but considerable DlODey TIl.ised for The Lace Museum IIUlkllng ."Und wtll be expended before the out<ome of the grant proposal t& known. The Lac" Museum c<Jntlouu to support the formation of the Moody Williams cent", for the Histor'.c and CuJrure Art!< as .. non­ profit foundation. The Palo Alto CouncD 5taff repGrt of August S. 1993. noted that tt thb corporation waS not formed during the option period that ,he Lace Museum will b~ the !eSSie.! and will 3IlbJet .pace to the other orgamntion.: and this appNrS to be a mar .. efficient WK}' of proceeding to rehablHtate the propO!ltV and. OD(e restored. 10 operate the Moody WIlliams Ceofer With a nOll­ profit corporation which wiJJ be foIIDed. Ihe Board of the corporat1on wiJJ conolst of a mix of Lace Musemn membel'5 as well as OthB iDdividuaIs at /arge. Tbe tace Museum .Is committed to the tasJc of providln( a 5ervXe tD its UIIhbon md friends and to the commlUltty at 1MBe. It feels fuIJy capable of Cl'Nting a community re.olttce that wiJJ brmg benefits to the City of Palo Alta, aDd it welcomes th1s oppartwtlty to lea.... lb. W1lI1ams House, hoping that once the bouse i~ In ord..... other cODlmllJlity organizations .uch tho Wall1ell'$ Herttage Museum will jOin it In heJpini the Williams Moody Foundation to reach Its full pOWltial. C JlzM/~~ IU .. Cherie MaTtlDeau Helm for The Lace Museum TOTf:L Fl.0£. '~-'----- ... /' SUMMARY OF THE LACE MOSEUM PROPOSAL Excerpt from August 5, 199J staff report (CMR:466:93): LlCI lmSE1JN PROPO.!A!t The following is a summa~ of the Lace Museum'~ proposal for the 'i'1illiaas property, including amendments made during the proc~ss of selection and neqotiations4 Proposed Use: The Lace Museum,. as lessee,. together with sublesse:es Women's Her1taqe ~useum and Palo Alto Stanford Heritage 'PAS~),. proposes to lease the Williams property for a zo-year te~m to demonstrate the hlstory and li.te style of the williams family and to reflect the culture and architecture of the Palo A.lto community in th~ earl~~ 1900's~ The Lace Museum plans to use the property to exhibit and store the resource collections of the three qrouDs; to maintain a library; and to conduct tours, work.shops classes and lectures dealinq with lace, women's history and local history and the preservation of historic houses. The proposed name for the property is the Or .. Thomas M. Williams and Dora Moody Williams Center ~or the Historic and Cultural Arts. Propos ed Improvements: The Lace Museum proposes to restore and rehabilitate the property as it iSI with minimal modifications to satisfy the requirements for its new use and the city's requi~ed improvements~ The main floor of the house will be u5ed for public pr09rams a~ will· ·include a disabled access ramp from the rear parking area,. addition of a disabled-tlccessible restroom and modifications of dDOrwayS and halls to meet the standards of the Americans with Di~a~ilities Act (ADA). The second floor will not be generally accessible to the public, and occupancy will De limited to nine employees or volunteers, located there to support the main use of the property, making the addi tion of a second stair or ell!vator unnecessary. The gara9'e will be braced and a foundatiel'l added. The existinq driveway, required parking area and qarden paths will be re5ur­ faced; the gardens restored and an irriqation system added4 The proposed improvements will meet the quidelines set forth in the Historic Resources Report and fulfill the secretary of the Interior's standard for rehabilitation of hi5toric properties. P~oposed Method of operation: The first floor c'f the facilit=,.. will be for community use (library, museum display); the second floor viII provide office and st~rage space to support the property's primary use. The facility will be open six days per week with one or two docents at all times. The Lace MUseum 'Will have ten volunteers available to perform janitori­ al, gardeninq, receptionist and maintenance 'Work ·and 'Will hire outside belp when necessa~. ATTACHMENT 0 The Women's Heritage Museum will restore three rooms for its uee as a public exhibition area about local women's history, an office ana library $ and a workrool:l. It will create and :make available appropriate exhibits and programs and assist with research on the Williams house and family, especially the doctor'~ office and the history of women in Medicine and horticultur2. . PAST will assume the leadership role in the planning and deSign of the rehabilitation and improvements to the property. Sc~e of the rehabilitation work may .serve as a vehicl~ for restoration acrkshopsi which could supply additional funds a~d provide educa­ tional opportunities. All three qroups will assist with fund-raising, ~nd commit to an agreed-upon number of hours of volunteer time per month to staff and maintain the building. In addition, the three groups intend to form an wnbrella organization to legally define and strengthen their association as described below. If awarded the option, the L~ce Mus£um will sign the option to lease the property. During the option period~ the Lace Museum, Women's Heritage Museum and PAST intend to torm a california nonprofit public benefit corporation with a twelve-meml::ler board or directors, consistin9 of members from each of the three groups as well as persons-at-large. The proposed name of the corporation is the Moody-Williams Historical Founda­ tion. ~he purpose of the corporation will be to raise funds for, and to preserve, restot'"e and maintain, the Williams house and garde.ns. When the option ito: ready to be exerci5ed~ if the nonprofit ha& been fOX"1Ded, the lease 'Will be. signed b:£ the nonprofit corporation. Financial Information: ThQ proposal offers a $5,000 purchase price for the option and $1.00 per year rent. The Lace Museum's proposed improvements (including the $25~ 000 underground tank removal cost) are estimated to cost $105 /000. In addition r the Preli:inary Aqreement requires payment of the $5,000 purchase price of the option, 21 $10,000 security d.eposit and rei.m.biJrsement to the City for the $1,850 cost of the soils report, related to the underqround fuel tank, for a total of $~21.850.. Tbe aajor part of the estimated costs of the project are to be financed by an anticipated $100,000 grant from the County. discussed below (County Crant ApplicatioD). The balance of the cost of proposed improvements and operating costs will be financed through a combination of funds en hand ($49,OOO), fund-raising activities, donated labor and grants. -2- < .. I ..... During the proposal review process last fall, concerns vere expressed by both city staff and city Council regarding the ability of the Lace Museum to fina.nce their proposed improvements and op&ration. In response to these concerns, at the October 5, 1993 city Council meeting, the L4ce MUEeum presented a letter fro~ the Sanwa Bank notifyinq the city of a donation of assets to the Lace MUseum in the form ot lace value~ at $1,000,000. (See Attachment A.) The donor, wishinq to remain anonymous, has placed the pledge document 'With the Sanwa Bank. Tbe assets could be used by the Lace Museum to raise the necessary funds for the Williams house restoration, in the event the organization is unable to raise sUfficient funds by other means. staff has checked into how r~adily convertible to cash this asset is. Acco~dinq to a bank official, a bank would loan significantly less than the $1,000,000 on the lace, probably. $100,000 to $200,000 .. During the tent! of the Preliminary Agreement, staff will work out an aqree:"r.ent with tl:Ie Lace Museum, outlining the condi­ tions under which the City may exercise its right to the collateral in the form of the lace. -3- ,- . . ' Attachment 2; dOXNARY OP REVX&IONS TO PRELIMINARY AGREEMENT AND LEASB Preliminary Agreement Cbanges to the approved Preliminary recital paragraphs, the condition approval of the proposed progra~, concerninq assignment of the option. Agreement precedent and the involve one of the requiring council general condition 1. RECITALS (para:gX"aph C, page 1): This recital paragraph statl!s the purpose for the Lace 'Museum desirin9 the option to lease. The reference in the criginal paraqraph to the Women's Heritaqe Museum and PAST has been deleted. The pur}Xlse of the option to lease, to operate and develop the property for use as a park and a center for historic arts, remains the same. 2 CONDITIONS PRECEDENT, proposed program Approval (Section 4, paragraph 4, page 7): 3. 'The council's Auqust 9, 1993 approval of the Preliminary Agreeaent vas subject to uts condition requiring council review and approval of the Lace Museum's proposeQ proqram prior to the exercise of the option. The reference in the orlqinal paragraph to the Women's Herltaqe Museum and PAST has been deleted; and under the new paragraph, the ~ce Museum is solely responsible for the proposed prograM. The Lace Museua's proposed program will still require council approval prior to the exercise of the option. GENERAL CONDITIONS" Assignm.ent Prohibited paragraph D, page 8), (Section 6, The oriqinal paragraph acknowledged the Lace Museum's inten­ tion to form a nonprofit corporation du_ring the tetD of the option, to serve as a~ umbrella organization for the three groups. it provided th&t if the new corporation were formed, the corporation would exercise the option and execute the lease. If the nonprofit were not formed, the L..ace Museum voula exercise the option and sublease $pa~e to the WHK and PAST in order to effect the terms of the proposal. The revised paragraph acknowledges the Lace Museum's intention to form a. nonprofit corporat.ion during the. term of the lease. It provides that if the nonpr-ofit corporation i6 formed, the lease may be aSSigned to the nonprofit corporation, but only with the City Council's prior-express consent~ If the non­ profit corporation is not formed, the Lace Museum ~ill re.~ain as lessee of the property and may, with prior City Council ap­ proval, sublease space to other organizations with similar • I Lease qoals for developing and operatinq the property as a park and center for the historic arts~ Revisions to the form of the Lease involve the section on Assign­ inq, Subletting and Encumberinq and EXhibit c to the Lease which outlines the proposed use and aevelopment of the property. 14 ASSIGNING, SUBLETTING k~D ENCUMBERING PROHIBITED (Section XX, page 12). The originel paragraph's specific requirement that the Lace Museum sublease space to the WHM and PAST has been deleted. ThQ revised paraqraph adds provl~ions to the effect that if the Lace Museum forms a new nonprOfit corporation to operate the property during the term of the lease, the lease may, su.1:lject to the city Council's prior express consent, be assiqned to the ne~ nonprofit corporation~ In addition, with the p:ior consent ot the city Council, the tenant may subl~ase 3pace to other organizations with simila~ goals. 2. Exhibit C (PROPOSED USE, HISTORIC PRESERVATTCN AND DEVELOPMENT OF PROPERTY) The reference, in the original Exhibit C. to the involvement of sub~essees WHM and PAST in the rehabilitation of the property bas been delet9d (Section 1, paragraph 2)~ Also, the reference to the WHM and PAST storin~ and displaying their resource collections in the williams house has been deleted~ Tbe new paragraph states that othe~ organizations interested in Palo Alto history and women's heritage may be allowed to house their resource collections in the house (Section 1_1 pa_ragrapb J) ~ • .. "', .. . -.'~' ;;'~:' A TTACItlEJlT F Project: ~lliams Property 351 Homer Avenue PR£L~INARY AGREEMENT This Aqreemer~t is made this day of._ ----", 1993 by and between the city of Palo Alto, a municipal corporation ("CITY-), and the Lace MUseum;-A California non-pr-ofit corporatiot~ ("LACE MUSEUM") • RECITALS A. CITY owns property located at )51 Homer Avenue, in the city of Palo Alto, Santa Clara County. commonly referred to as the Willialils prOpel"ty ("PROPERTY"), more specifically described and shown in Exhibit B to the Lease attached hereto as Exhibit ! (the "Lease tt ), which LeasE" is made a part hereof by this referel".ce. B. CITY, in compli,3.nce with its Policy issued a Reque.srt for Proposals for PROPERTY and received a proposal from ~en selected by the City Council. and Procedure.s 1-11, an option to lease LACE MUSEUM which has C. LACE MUSEUM desires to obtain an exclusive option to lease PROPERTY, in accordance with the terms and conditions of this Agreement and the Lease, for the purpose of dev~loping and operating PROPERTY fo~ use as a park and a center for historic arts (the "Project~). D. CITY desires hereunder to grant an exclusive option to LACE MUSEUM to lease PROPE~TY for the Project. DYrinq the option period under this Aqreement LACE MUSEUM shall maintain and provide twenty-four (24) hour security for PROPERTY, develop specific plans, obtain fif'.ancing~ and satisfy any other conditions set forth herein prior to exercisi~g the option and leasing and developing PROPERTY for the Project in accordance with this Agreement and the Lease. NOW, THEREFORE, in consideration of the premises set forth above, the parties hereto mutually agree as follows: l. GRANT OF OPTION CITY hereby grants to LACE MUSEU"M an exclusive option to lease PROPERTY for the purposes of developing and operating PROPERTY for the Project and subject to the terms, covenants and conditions set forth below and in the Lease. aE:...£A.sES..1/(J[.WM5 1 :1iI , 2. TERM OF OPTION The term of the option granted hereunder shall be twenty four (24) months and shall commence upon execution of this Agreel:l.ent by CITY. 3. UND!':RGROUND FUEL TANK INVESTIGATION COST REIMBURSEMENT LACE MUSEUM shall pay CITY SeYen Thousand Eight Hundred Fifty Dollars ($1,850) within ten (10) clays of the execution of this Agreement by CITY, in order to reimburse CITY tor the cost of the underqr"und fuel tank investigation for PROPERTY, as described in Clause 4 (C) below. 4. CONDITIONS PRECEDENT The option to lease PROPERTY under this Jio.greement f not be exerc:i..sed by LACE MUSEUM unless and until each and every following condition has been satisfied: A. Reimbursement for Fuel Tank Investigation LACE MUSEUM shall have made the payment required in accordance with Clause 3 hereof. B. Maintenance of Property During option Term LACE MUSEUM shall have implemented and maintained its plan £or the care, security and maintenance of PROPERTY, includinq the hOUse and grounds, within t~o (2) months of the commencement of this Agreement. LACE MUSEUH's plan fer such care, security and maintenance shall include prOViding, to CITY's satisfaction, a twenty-four (24) hour security presence on PROPERTY. Such security may be provided by having a caretaker reside at PROPERTY, in the house, during the term of this preliminary Agreement. Should LACE MUSEUM have a caretaker reside on PROPERTY to provide security, LACE MUSEUM shall be solely responsible for any necessary work, expense and potential liability that may be associated with the caretaker's presence. LACE MUSEUH shall be solely responsible to ensure PROPERTY is and remains sufficiently habitable for the caretaker to remain on PROPER"n:· ~ LACE MUSEUM shall continue, throughout the term of this Aqreeaent, to provide ~~e care, security and maintenance of PROPERTY in accordance with this Agreement and LACE MUSEUM#s plan for the care, security and maintenance of PROPERTY~ LACE MUSEUM's plan is attached to this Ag!""eement as Exhibit II and is incorporated herein by this reference. Ul..fASES.lIOL WM:i 2 :-'. C. Removal of Underground Fuel Tank LAeE MUSEUM shall have submitted and received all necessary approvals from CITY's Fire Marshall of LACE MUSEUM's ple~ for removal of the underqround fuel tank and any associated piping existinq on PROPERTY. LACE MUSEUM shall have had the tank and any piping removed and shall have accomplished any necessary cleanup or remediation associ~ted ~ith the tank. Notwith-standing the !oreqoinq, lACE MUSEUM's expenses in removing the tank, and any necessary associated cleanup costs resulting therefrom, shall not exceed TWenty-Five Thoueand Dollars ($25,000). If LACE MUS~JH~s expenSEs associated wieh the re~oval of the tank and any cleanup costs exceed Twenty­ Five Thousand Dollars ($25:000), then CITY shall pay up to an additional amount of Twenty-Five Thousand Dollars ($25,OOO} to LACE MUSEL~ to cover the t~nk removal and any associated cleanup expenses~ If the parties reasonably anticipate such costs to exceeQ a total of Fifty Thousand Dollars {$50,OOO), or it th~ costs actually exceed a total of Fifty Thousand Dollars ($50,000), the parties shall meet and confer as to what action they shall ta~e with respect to the underg~ound fuel tank, but LACE MUSEUM shall have the right to terminate its obligations hereunder and shall not be obligated to spend any further funds with respect to the removal of the tank and piping and performance of any associated remediation. LACE MUSEUM's removal of the tank ~nd any associated piping existing on PROPERTY ahall be accomplished in compliance with all applicable local, state and federal laws and requirements, and any cleanup or remediation of the premises necessary as a result of the presence of the fuel tank shall also be accomplished in compliance ~ith all applicable local, state and federal laws and requir~ments. In addition, LACE MUSEUM shall notify any and all pu~lic or private agencies or authorities 'With jurisdiction over the fuel tank, of the tank's removal and associated cleanup. Subject to the limit on its expenditures of Twenty-Five Thousand Dollars ($25,000) with respect to the fuel tank and any associated remediation and cleanup as set fo~th above~ LACE MUSEUM shall protect, indemnify, hold harmless and defend CITY, its officers, employees and agents, from and against eny liability, damages or loss CITY may incur as a result of the prese-nee of the fuel tank or its removal and performance of any associated remediation by LACE MUSEUM, including such lia~ility that may arise under the Comprehensive Environmental Response, Compensation and Liability .Act (42 U.S.C., SS 9601-75, as amended); the Resource Conservation and Recovery Act {42 U.S.c., 55 6901-82, as amended); the Hazardous Waste Control Act (Health & Safety Code, S§ 25100-25250.24, as amended); the Safe Drinking Water and Toxies Enforcement Act (Health' Safety Code, 55 25249.5-25249~13~ as amended); the Underground storage of Hazardous Substances Act (Health '" Safety code, 55 25280-99.6, as amended); the Hazardous 3 . ". -"'-~~'---- • ~ I D. Substance Account Act (Health & safety Code, SS 25300-95, as amended); the Resource Conservation and Recovery Act (42 U.S.C., SS 690l-82, as amended); the Toxic Substances Control Act (15 U.S.C., 55 2601-2671, as amend@.d); the Carpenter­ Pr-esley-Tanner Hazardous Sul:lstance Account Act (Health , Safety Code, SS 25300-25395, as amended); or an}r other local, state or federal ordinance, statute or regulation that may now exist or hereinafter be e/1.acted, or at common l~w. Schematic Plans SUbmittal LACE MUSEUM shall have submitted the schematic plans to CITY for the project ,the ·Schematic Plans") within six (6) months of the commencement of this Agreement. The Schematic: Plans shall include a site layout of all buildings, landscape developments, schematic floor plans for all structures, simple elevations of all stru~tures, identification of the methods and measures for preservation of historic features o~ the site in accoraance with the Historic Resources Report attached to this ~greement as Exhibit III and incorporate~ herein by this reference; a plan for fulfilling parkine; requirements; a detailed description of all proposed improve­ ments or modifications (including proposed uses and methods of operation and a general outline specifici:ltion ..... hich identifies proposed construction material and methods), and an estimate of the total constru~tion cost for all proposed improvements under the project. Even i£ the development of PROPERTY is intended to be per~ormed in phases, the Schematic Plans shall include all phases for PROPERTY's development. E. Development Plans Approvals LACE MUSEUM shall have submitted to, and shall have received approval of, its development plans for PROPERT'! for the project ,-the Development PlansQj from CITY's Historic Resources Board, Architectural Review Board, Planning Commission and city council. The Development Plans shall include the Schematic Plans, interior plans, structural plans, exterior elevations, interior elevation~ and landscaping plans and shall indicate specifiC plans 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 by the city Council, these plans and details shall be in accordance with the guidelines and recommendations included in Exhibit III hereoL If the development of PROPERTY is intended to be performed in phases, the DevelopMent Plans shall include and describe all the phases for PROPERTY'S development. Phase! shall at least include the improvements necessary to make PROPERTY usable for the required services and uses ~nder the Lease. :',.~ : - ~,,~'c ','.'"':'>--c • --_ ... _ ...... _-_.- . ' '/ F. construction Drawinqs Approval LACE MUSEUM shall have obtained approval of the construction drawings for the Project (the "construction Drawings") from the City E.:ngineer and the Chief Building OfficiaL The Construction Drawings shall include~ 1. ii. iii. iv. complete architectural, landscape and working drawings; complete construction soecifi~ations; Complete construction contract form; and proposed construction schedule. engineering Should the developm~nt of PROPERTY be performed in phases, LACE MUSEUM need only obtain approval of the construction Drawings fo~ Phase ! of the Project to exercise the option to le~se PROPERTY hereunder. G. ~ng Term Maintenance Plan LACE MUSEUM shall have submitted to and received approval of its long term maintenance plan and schedule for the building{s) and landscaping on PROPERTY from the city Manager or her designee. B. Land Use Designation LACE MUSEUM shall have received c:-pproval from the City Council for any necessary change l.n land use zoninq "for PROPERTY, any necessary cbanqe in CITy/s Comprehensive Plan designation and any other land use pernit or approval required l if necessary, for PROPERTY for implementation of the Project and the Development Plans as approved by CITY. I. Subdivision Map Act CQmpliance LACE MUSEUM shall have complied with the conditions of the State subdivision Map Act (Government Code Section 66410 et. seq.) and Title 21 of the Palo Alto Municipal Code, as amended, to the extent applicable to PROPERTY and the Project. J. CEQA Compliance LAcE MUSEUM shall have complied with the california Environmental Quality Act of 1970 (-CEQA"'), as amended, and all related CITY procedures for implementing CEQA, to allow the Project to be implemented. 5 K. Permits LACE MUSEUM shall have provided to the Real Property Manager evidence that any and all permits and approvals from any and all 4qencies having pre-construction )urisdicti~n over the Proje.ct, including but r.ot limited to building permits, grading permits, street opening permits and health permits, have be~n authorized and are availa~194 Should development of PROPERTY be performed in phases, the requirement of this subparagraph (KJ shall apply only to Phase r improvements. L. Certification to Chief Building Official LACE MUSEUM shall have submitted to the Chief Building Official certification that the plans for any proposed building construction comply, in all respects, "'i'th current building codes, the federal Americans with Disabilities Act of 1990, as amended, including any implementing regulations, and energy conservation requirements as set forth in California Code of Regulations, Title 24, for non-residential construction. Should the development of PROPERTY be performed in phases, the requirement of this subparagraph eL) shall apply only to Phase I improvements. M. Sufficient FUnds LACE MUSEUM shall have satisfied the Director of Fin3nce that LACE MUSEUM has sufficient finances or financial commitments to implement the Project as approved by CITY 4 Should the development of PROPERTY be performed in phases, the re.quirement of this subparagraph eM) shall apply only to Phase I improvements. N. Sufficient Security to Complete Project LACE MUSEUM, in accordance with Clause XII (TENANT'S ASSURANCE OF CONSTRUCTION COMPLETION) of the Lease, shall have furnisher::! to the Director of Fi1'lan<::e satisfactory eviden=e that assures CITY that suffi<::ient financial security will be available to construct the Project, as set forth in the approved Development Plans and construction Drawings. Should the development of PROPERTY be performed in phases, the requir-ement of this subparagraph (N) shall apply only to Phase I impr-ovements. 0 4 Security Deposit payment In addition to the reimbursement for the fuel tank investigation {$7,S50) to be paid to CITY as required under Clause 3 hereof, LACe MUSEUM shall have paicl to CITY the security deposit of Ten Thousand Dollars ($10,000J, in accordance with Clause IX (SECURITY DEPOSIT} of the Lease~ upon execution of this Agreement by LACE MUSEUM. 6 " "---------=---- P. ProposeQ Program Approval LACE MUSEUM shall have submit~ed to, and ahall have received approval of, its proposed program for the Project (-Pr.oposed Pro9ram~) from the City Council. The City Council's review of the Proposed Program shall be for the purpose of ensuring that the Proposed Program to be operated under the Lease meets the Council's expectations and understanding that LACE MUSEUM will: (i) improve and preserve PROPERTY in order to demonstrate the history of the time and lifestyle of the Williams family; and (ii) create and operate a unitied center for the historic arts, offering an integrated program utilizing all public areas of PROPERTY, which are open and accessible to the public at the same time. 5. EXERCISE OF OPTION If at any time during the option te~m under this Agreement LACE MUSEUM has satisfied each and every condition precedent set forth in Clause 4 hereof to the satisfaction of CITY, LACE MUSEUM may exercise the option to lease PROPERTY by giving the Real rroperty Manager written notice of LACE MUSEUM's election to do so, accompanied by tvo (2) properly executed copies of the Lease. CITY shall execute the Lease within one (1) month of receipt of LACE MUSEUM's request to exercise the option in accordance with this Clause. 6. GENERAL CONDITIONS A. Review by City LACE MUSEUM hereby acknowledges that one of the purposes of tnis Agreement is to afford LACE MUSEUM and CITY the opportunity to determine whether cr not LACE MUSEUM is able to meet the vario~s conditions and obtain tn~ required approvals as set fcrth in this Agreement to implement the Project. Several of those conditions involve obtaining review and approval from officers, employees or agents of CITY. Each of those revie~s shall be conducted in an independent manner and nothing contained herein shall be deemed to limit the jurisdiction or authot"ity otherwise possessed by said officers, employees or agents in the conduct of such review. Nothing contained in this Agreement shall be deemed to imply that said approvals will he forthcoming, and the failure to issue any &uch approval or permit by any officer~ employee or agent of CITY shall. not be deemed in any manner a breach of this Agreement, nor shall any such denial give raise to any claim, liability, obligation, or cause of action with respect to this Agreement or the [,ease. 7 B~ Othe: Governmental ApPl"Ovals CITY agrees to consent to any lawful and complete application by LAC£ MUSEUM ~",ith respect to a~y permits or approvals related to activities or improvements approved by CITY in accordance with this Agreement which may be required by any governmental or other regulatory agencies aside from CITY4 C. Historical Project Grant Proposal CITY acknowleages that ~CE MUSEUM's pro~osal for the Proj~ct relies on historical project grant funds to be applied for and received through the santa Clara County Historical Heritage Commission (the ~county"). CITY also acknowledges that the County requires that proposals for such historical project funds be made by CITY as the owner of PROPERTY. LACE MUSEUM shall be solely reEponsible to prepare and cOThple~e the County grant proposal application~ including covering all application costs, preparation of plans, conducting any necessary research, gathering of materials, preparation of visual aids~ or any other ~ork necessary to complete and presen~ the grant proposal application to the county. CITY agrees to revie~, comment on and execute the grant proposal, to provide representatives to be present 2.nd participate in the grant proposal presentation to the county if necessary, and to provide any other necessary support for the grant proposal which only CITY as owner may provide. D. Assignment Prohibited This option has been 8.'warded basea on the unique background and proposal of LACE MUSEtJH. Therefore, this option cannot be sold. assigned or otherwise transferred 'Without the prior written consent of CITY. Failure to obtain CITY's required written consent shall render said sale, assignment or transfer void. Notlrlo-i thstanding the foregoing, the parties hereby acknowledge that LACE MUSEUM intends to form a new nonprofit corporation d'.lring the tenn of the Lease that may operate PROPERTY under the Froject. In the ever.t that the nonprofit corporation .3s "formed, LACE MUSEUM shall be required to obtain the prior express consent of the City Council, in the city's COUncil sole discretion, to an assiqnment of the Lease so that the nonprofit corporation 'Would bel.-:.)1fle the les.see of PROP'ERT'l and operate the project~ If the nonprofit corporation is not formed~ LACE MUSEUM shall remain as lessee of PROPERTY under the Lease. In any event, the lessee of PROPERTY may, with the prior express consent of the City Council~ sublease space on PROPERTY to other organizations with similar goals for developing a~d opera~ing PROPERTY as a park and center for the historic ar-ts. B ." E. Extension of option Upon written request of LACE ~SEUM stating the reasons therefore~ the City Manager or he~ designee may, at her sole discretion 4 extend the term of the option under this Agreement as follows: i. The City Manager or her designee may qrant an extension of the term of this option for a reasonable period of time, as determined by the City Manager or her designee, in the event I..J\CE MUSEUM is delayed in fulfilling the conditions precedent to the exercise of the option by reason of any cause not the fault of, or 'Within the control of, LACE MUSEUM or its agents or employees; ~r ii. The city Ma~aqer or her designee may grant an extension of the term of the option for a period not to exceed ninety (90) days, in the event LACE MUSEUM i~ delayed in fulfilling the conditions precedent to the exercise of this option for-any other reas-on. Ho'Wever. the city Manager or her designee may grant such extension only upon the follo~ing conditions: a. writt.en request fOl: such extension shall have been delivered by LACE MUSEUM to the Real Property Manager at least fifteen (is} days prior to the expiration of the option term under this Agreement; h. payment in an amount equal to Two Thousand Dollars ($2,000J shall be submitted to CITY ~ith the request for extension referred to above; in the event the extension is denied, CITY shall refund said amount to LACE KUSEUM; and c. LACE MUS~JM shall submit, together with its request for extension, evidence. of its progress toward fulfilling the conditions precedent to the exercise of the option, documentation of its proposed actions and the feasibility of satisfying said conditions within the term of the extension requested and such other information and material as may be required by the city Manager or her designee. F. Termination of Option Failure of LACE MUSEUM to meet the terns and conditions of this Agreement fully and satisfactorily within the time. limits stated under clause 2 hereof shall absolutely and conclusively terminate LACE MUSEUM's rights hereunder. Upon termination hereof \r,rithout exercise of the option by LACE MUSEUM~ this Aqreement shall terminate and U.CE MUSEUM shall, 'Within five (5) business days of receipt of request from the Real prope~y 9 >-. · . '-' Manager, deliver to CITY a properly executed quitclaim deed, qUitclaiming to CITY any and all interest of LACE MUSEUM in and to PROPERTY, Execution of the Lease by C!TY and LACE MUSEUM lSubstantially in the form of Exhibit I hereof shall also constitute a termination of this Agreemant. G~ LACE MUSEmt:'s Riqht to Enter and Related Inde.mnification Obligation During Option T~rm CITY hcreby grants to LACE }rvSEUM~ its officers, agents and employees, during the term of this A.greement or any extensiorl thereof, the right to enter PROPERTY or any portion thereof at reasonable times for the purposes of: (i) removing the underground fuel tank and piping and accomplishing any n~ce$sary renediation, as set forth under Clause 4 (C) hereof; (ii) implcrr.entinq LACE MUSEUM's plan under Exhibit II hereof for the care~ maintenance and security of the grounds and house; and (iii} conducting, at LACE MUSEUM's own cost arId expense, such soil, geologic, and engineering investigations as may be required in connection with the Project. CITY also grants to LACE MUSEUM, in connection with LACE MUSEUM's obligation t-o provide twenty-tour (24J hour security for PROPERTY during the option period, the right to allow a caretaker to reside on PROPERTY, in the house, during the term o£ this Agreement. Subject to Clause 4 (CJ hereof, LACE MUSEUM hereby agrees to protect, indemnify~ def~nd and hold CITY~ its officers, agents and employees, free and harmless from and against any loss~ damages or liability CITY may incur in connection .... ith~ as a result of or by reason of: (1) the unde~ground fuel tank and associated piping removal and cleanup; (ii) any such care, maintenance or security activities; (iii} any such investigation; or (iv) the presence or residence of any caretaker. Should the option or this Agreement be terminated vithout execution ot the Lease, LACE MUSEUM agrees to repair any and all damage caused to PROPERTY by reason of any such: (i) fuel tank removal and associ8ted cleanup; (iiJ care, maintenance or security activities; (iii} investigatio~ performed; or (iv) residence of any caretaker of PROPER'i''i • H. Insurance cove~age During option Term LACE MUSEUM, at its sole cost ahd expense, shall obtain and maintain throughout the te~~ of this Agreement, the commercial q@neral liability insurance coverage in the form and amounts as required and set forth in Clauses XVIII and XIX (INSURANCE) of the Lease~ Such insurance coverage shall be in full force and effect, as approved by the Risk Manager, commencing on the first day of the term of this Agre@ment and shall continue in full force and effect thro~ghout the term of the Lease~ 1tEUAS&S. 'lOt wws 10 .. .'; . . .-; I. Notices Any notice, tender, or delivery to be given in accordance ~ith this ~gree~ent by either party to the other shall be given in accordance with Clause XXII (NOTICES) of the Lease. J. LACE MUSEUM's Representations and Warranties LACE: MUSEOM represents alld 'Warrants to CITi' that it has not employed any real estate broker or finder in connection with this Aqr-eement and hereby agrees to hold CITY harmless and free fro~ any liability in connection 'With any commission or finder's fee alleged to be incurrea. K. Entire Agreement This in.strument contains the entire agreement between the parties relating to the option granted by this Aqreement~ Any oral repJ"esentations or 'modifications concerning this instrument shall be of no force and effect, except in a subsequent modification which is made in writing and signed by both parties. L. Recovery of Attorney's Fees In the event of any controversy, claim or dispute between the parti~s hereto s arising out of or relatinq to this Agreement or the breach thereof, the prevailing party shall be entitled to re-cover froe the losing party reasonable e>"'Penses s including attorneys~ fees, and other legal costs. M~ Binding on Successors This Agreement shall bind and inure to the benefit of the respective heirs~ personal representatives, successors and assigns of the parties hereto( except as lIl.ay be expressly provided elsewhere in this Agreement. IN WITNESS WHEREOF, the parties hereto-~ave executed this Preliminary Agreement on the day and year first above written. CITY, LACE MU~EUM, CITY OF PALO ALTO By:~~ __ ~ _____________ __ Mayor 1tE.L.f,AS.E5.7JOI.WJoO 11 ATTEST, BY'~~~~~ ______________ __ City CIerI< APPROVED AS TO FORM, By: ~S~r-.~A~s-s'i~s~t~a~n-t~~C~i~tCCy Attorney REt:OMMENDED FOR APPROVAL: By: =D"i;:r::-,,::-c=t-o-r:-,~p=1-.. -n-n"'i'-n-9--a-n"'d:---- ~mmunity Environment By: :D"i;:r::-e::-c=t"'o~r::--;o:-f'-~F~i"'n~.~n::-c~ec------ By: ~l!a~n:-a:-q'--e-r-,-:R::e-a-"'l--:p:-:r-o-p-e-;:-rt-:-:-y"---- BY:~~~ __ ~ ________ __ Risk Manager Attachments: Lease. By' _______ _ Its' ____________________ _ Exhibit I~ Exhibit II: Exhibit III: Plan for care and Maintenance Of Property During option Term Historic Resources Report 12 :~ "' .... .:.::::. j;; ';;:! J;' EXHIBIT I LEASE This Lease is made this between the City of Palo Alto, The Lace Museum, a non-profit I Project: l!IILIAMS PRQptRTX 351 Homer Avenue day of _____ , 19 __ by ana a municipal corporation (CITY), and californi3 Corporation (TENANT). RECrTALS 1. On January 13, 1992. CITY accepted Rhona Williams· bequest of the real property and improvements located at 351 Homer Avenue. Palo Alto, California, co~nonly referred to as the "Williams property", and more specifically described and shown on Exhibit -S'III to this Lease~ ""'hich is attached hereto and incorporated herein by this reference {the ~PREMTSES~) ~ 2. Under P..hona: williams' -will, the bequest is subject to the conditions that the PREMISES be used for park or cultural purposes, or a combination thereof, and that the PREMISES be named as a memorial to Rhona Williams' parents, Dr. Thomas M. williams and Dora Moody Williams. 3. On , 1993, CITY entered into a Preliminary Agreement with TEN~~ (the • preliminary Agreement·). Uilder which. TENANT agreed to secure a 11 necessary CITV approvals and permits in order to exercise its option to lease the PREMISES {the "Option h ), construct improvements and operate the PREMISES as described in Exhibit /Ilea to this Lease. "'hich is attached hereto and incorporated herein by this reference (th~ ·Project"). 4. Tne development and operatio~ of the PREMISES under the Project satisfies the use requirements of Rhona Williams' will and provides public benefit. 5. TENM""T :bas satisfied all the conditions set forth in the Preli~inary Agreement, and now desires to exercise the Option and lease the PREMISES from CITY to perform the project. 6. CITY desires to lease the PREMISES to TENANT for TENANT's development and operation of the PREMISES under the project, in accordance with the terms and conditions set forth below. 1 011 Now. therefore, in consideration of these covenants, terms and conditions, the parties hereto mutually 3gree as f0110 .... 5: I. PURPOSE ~he purpose of this Lease is to ello~ TENANT to perform the Froject as described in Exhibit "C~~ by developinq and operating a park and center for the historic 5rts, open to the public, on the PREMISES according to the terms and conditions of this Lease. II. PREMISES subject to the terms and conditions set forth in this Lease, CITY hereby leases the PREMISES to TENANT. TENANT hereby leases the PREMISES fro~ CITY for the purpose of implementing the project and shall comply 'With the requirements set forth under Clause III (R~~UlRED AND OPTIONAL SERVICES AND USES) of this Lease. III. REQUIRED AND OPTIOtiAL SERVICES AND USES In furtherance of the purposes stated above~ and as set forth in E~,ibit c, the following required and optional services and uses shall be provided, permitted or prohibited o~ the PREMISESj :\. Required Services and _'gses. Throughout the term of this Lease TENANT shall provide the fo11owing services~ activitie~ and uses on the PREMISES! B. 1. Restoration of the house and garden located on the PREMISES, with the house and garden to b~ open to the public; 2. Displays/exhibits of lace, ~omen's history, local history, and historic house preservation; 3. Docent-led and self-guided tour6 of the displays and of the restored house, garden, kitchen and doctor's office located on the PREMISES; 4. Workshops, classes and lectures dealing with lace, ~omen's and local history, and the preservation of historic houses; 5. A library providing information on the history and ma1ci!1g of lace, women's history, local history and the preservation of houses; and 6. All activities shall be open to the public ~ith special outreach programs to include schools. Permi tted services and __ U:;es. services~ activities and uses USQS shall also be permitted, required services, activities In addition to the required set forth above~ the following but only as incidental to the and uses: 1. Administrative offices and storage space to support the required services, activities and uses; • • /' 2. Fun-j raisin9 activities only to support the reqllired services# activities and use.s, inclildinq but not limited to sales of qcods and gifts related to the center for historic arts and the host.ing of benef i ts and social activities; and 3~ Periodic rental of rooms and other portions of the PREMISES by community groups and individuals# but in no event shall such rental be used for commercial purposes and in no event shall such rental interfere with or limit the required services, activities and uses oE the PREMISES as set forth above. c. Optional Services and Uses~ Subject to the prior. written approval of the city Manager, TENANT may also use the PREMISES to provide additional services and uses which are ancillary to and compatible with the requir-ed services~ activities ana \!SCS stated above and not in conflict with the r"equired uses. AppLoval of optional uses shall be ~ithin the sole discretion of the City Manager. D. Restricted Us~s. The above listed services~ activities and uses, both required and optional, shall be the only services, activities and uses permitted upon or from the PREMISES. TENANT agrees not to use the PREMISES for commercial purposes or any other purpose not authorized herein or in Rhona Williams' will, nor to engage in, or permit, any other activity within or from the PREMISES. IV. TERM The term of this Lease shall he twenty (20) years, commencing on the first day of the month following the date of execution of the Lease by CITY. v. CONSIDERATION/RENT A. Rent. As p1'lrt.ial consideration for the lease of the PREMISES, TENANT agrees to pay to C!TY One Dollar ($~.OO) per year in accor-dance with Clause VIII (RENT PAYMENT PROCEDURE) hereof. B. Non Monetary Consider-atiol). In addition to the rent set forth in subparagraph A above, TEN}u~ aqrees to develop and operate at l''.O cost to CITY a park and center for historic arts consistent with Clause I (PURPOSE) and Clause III (REQUIRED AND OPTIONAL SERVICES AND USES) hereof. vr. CHARGE FOR UNAUTHORIZED SERVICES AND USES TENANT shall pay CITY a sum equal to one hundred percent (loot} of the qross receipts for any service or use that is not permitted or authorized by Clause III (REQUIRED AND OPTIONAL SERVICES AND USES) hereof. The existence of such charge or the payment or receipt of money under this clause~ does not constitute an authorization of ~ 3 •• --, particular service or use and does not constitute a waiver of CITY's right to terminate such service or use. VII. NON-PROFIT COMMUNITY ORGANIZATION BY~WS , MEMBERSHIP Changes in restrictions, rules, articles of incorporation or byla~s of TENANT which chanqe or modify the essential chari!cter or membership requirements of TENANT shall, prior to being put into effect, be reviewed and approved by the city Manager and the City Attorney. TENANT's ruJ.es~ articles of incorporation and bylaws, and any amendments thereto, shall be on file with the Real property Manager throuqhout the term of this Lease. VIII. RENT PAYMENT PROCEDURE A. Payment of R~.nt. On or before each anniv-ersary date of the term of tJ'!.is Lease, TENAN'T shall pay to CITY the rent as S(!t forth in Clause V (CONSIDERATIONjRENT) hereof. B. commenc.§.'mJ!::l:l:t of Obligation. TENANT's obligation to pay the rent shall commence upon the commencement of this Lease. C. Place cf payment. Rental payments shall be delivered to the Reve.nue collections Division, 250 Hamilton Avenue. PO Box 10250, Palo Alto, CA ~4)O). The designated place of payment may be changed at any time by CITY upon ten (10) days written notice to TENANT. Rental payments may he made by check made payable to the city of Palo Alto, however. TENANT assumes all risk of loss if payments are. made by mail. IX. SECUFITY DEPOSIT A security deposit in the sum of Ten Thousattd Dollars ($10,000) shall have been provided to CIT'! by TENANT prior to or upon executior. of the Preliminary Agreement. CITY shall retain the secu~ity deposit throughout the term of this Lease. The security deposit shall have taken one of the forms set out below. A. Cash • .B~ The assignment to CITY of a '!;:avings deposit held in a financial in::.~titution in Santa Clara or San Mateo County acceptable to CITY. At a minimum, such assignment shall be evidenced by the delivery to CITY of the oriqinal 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. A Time certificate of Deposit from a financial institution in Santa Clara or San Mateo County wherein the principal sum is made payable to CITY or order. Bo'ch the financial institution and the form of the certificate must be approved by the City Attorney and the Real Property Manager. 4 o. ~. \ A Le.tter of credit or other instrument of credit from a financial institution, subject to regulation by the state or federal government, pledging that funds necessary to secure performance of the Lease terms, covenants, and conditions, are on deposit and guaranteed tor payment, and agreeinq that said funds ~hall be trust funds sp.curing TENANT's performance and that all or any part shall be paid to CITY on order upon demand by CITY. Both thE: financial institution(s) and the torm of the instrument(s} must be approved by the City Attorney and the Real Property Manager. Reqardless o~ the form in ~hich TENANT elects to make said security deposit, all or any portion of the principal sum shall be available ullconditionally to CITY for correctinq any default or breach of this Lease incurred by CITY as a result of the failure by TENANT, its successors or aSSigns, to faithfully perform all of the terms, covenants, and conditions of this Lease. Should 'l'ENANT elect to provide a Time Certificate of Deposit, Letter of Credit, or other instrument of credit, hereinafter collectively referred to as ·rNSTRu~ENTn, to fulfill the security deposit reqUirements of this Lease, the INSTRUMENT shall contain a provision whereby the institution issuing the INSTRUMENT agrees to provide CITY 'With written notice of its intent not to renew the INSTRUMENT at least thirty (30) days prior to expiration or termination of the I~STRUKENT~ If TENANT has not provided CITl ~ith an acceptable alternate form of security depcsit at least ten (lO) days prior to expiration or termination 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 savinqs deposit to CITY, or provide an alternate INSTRUMENT, to fulfill the security deposit requirements of this Lease" the assiqnment. or issuance of the INSTRUMENT shall have the effect of releasing the depositor or creditor therein from liability on account of the payment of any o~ all of the pr-incipal sum to CITY or order upon demand of ClTY. The agreement entered into by TENANT vith a financial institution to est..ablish the deposit necessary to pennit assignment or issuance of a certificate as provided above, ~ay allow the pa}~ent of interest accruing on account of the deposit to TENANT, or order. TENANT shall maintain the required security depcsit throughout the Lease term. Failure to do so shall be deemed a default and may be grounds for immediate termination of this Lease. The security deposit shall be rebated, reassigM.:!d, released, or endorsed to TENANT on order, as applicahle, at the end of the Lease term, provided TENANT has fully and faithfully performed each and every term, c~venant, and condition of this Lease. 5 On each five-year anniversat"y date of the commencement of this Lease, the amount of the security deposit se~ forth above shall be adjusted according to the following formula: Where: R -SD[(S + O.S5(A -Sl/B] R Revised security deposit~ SD Initial security deposit. A Average. monthly index for the 12 calendar months ending -with and including the index published just prior to the month in which each security deposit adjustment is to become effective. a Avera.ge monthly index for the 12 calendar months ending with and including the index published just prior to co~~encement of this Lease. In no event shall the amount of the revised security deposit be less than th~ initial security deposit. 7he difference between the initial secu~ity deposit and the revised security deposit shall be due and payable to CITY within ten (10) days of receipt of a notice of revision of the security deposit from the Real property Manager. X. INITIAL CONSTRUCTION BY TENANT A. Minimum construction and Timing. Commencing upon the execution of this Lease, TENANT shall. in an efficient and workmanlike manner cause the Project to be constructed and installed within the PREMISES. at no cost to CITY. with appropriate improvements to adequat~ly accommodate those services, activities and uses required by the Project under EXhibit C and Clause III (REQUIRED AND OPTIONAL SERVICES AND USES) hereof. The development plans prepared by TEN~~ and approved by CITY during the option period under the preliminary Agreement. precedinq 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 and the Chief Building Official during the same period shall be the plans, specifications, and time schedule for constructing such improvements. Ths approved development plans and construction drawings ar-e attached hereto as Exhibit ~Dn and incorporated herein by this reference. Development proposed by TENANT in said Master plan may be scheduled in phases if approved by the City Manaqe~ or her designee. B. Development Plans and construction Drawings. All design and construction shall conform 'With the construction and architectural standards contained in Exhibit 0 and shall meet all other requirements contained i~ this Lease. 6 C. \ Minimum Cost of ~mpr9vements~ constructed improvements shall Dollars (~150,OOa.oO). The minimum value of TENANT's be One Hundred Fifty TnousanQ D. Asbestos in the Heating Ducts. The CITY is aware that the heating ducts located in the basement of the house located on tbe PREMISES contain some level of nonfri2llble ashestos­ containing material. TENANT shall be solely responsible for any asbestos abatement or containment on the PREMISES to the extent requir-ed under a.II applicable federal., state and local building and safety codes and regulations, and shall fully comply with any applicable asbestos notificaticn requirements under California Health and safety Code section 25915 et seq., as amended. E. Compliance with ADA. All construction or improvement of the PREMISES shall cO!1lply with the federal Americans with Disabilities Act ot 1990, as amended, includinq any of such Act's implementing reg~lations, as amended. F.. certificate of Insp~9-tion. upon completion of construction of any phase of the Project, TENANT shall submit to the Real Property Manager, a Certificate of I~spection, verifyinq that the construction 'Was completed in conformance 'With Title 24 of the California Code ot Regulations for non-residential construction. XI. ADDITIONAL CONSTRUCTION AND/OR ALTERATION BY TENANT A. CITY's Consent. No additional structures, improvemants, or facilitiES shall be constructed, erected, alt.ered, or made within the PREMISES without the prior written cons~nt of the City Council if req~ired by CITY procedures or ordinances, or otherwise by the City Manager. B. strict Compli3nce with Develop!;"ent Plans and Construction pra~ings. Any additional improvements constructed by TENANT 'Within the PREMISES shall ~e constructed in an efficient and workmanlike manner and in strict compliance with the approved development plans and construction drawings set forth in EXhibit ~O" hereof. XII. TENANT-S ASSURANCE OF CONSTRUCTION COMPLETION Prior to comm.encement of this Lease and constt""uction of the Project, or any phase thereof I TENANT shall furnish the Real Property Manager with satisfactory evidence that assures CITY that 5l.i..f!icient 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 preliminary Agreement. 7 --~---'"------ • Evidence of such assurance shall take one of the forms set out below and sh311 guarantee TI:.'NANT's full and faithful performance of all of the term~, covenants, and conditions of this Lease: A. Completion Bond namin~ CITY as beneficiary; "B. Performance 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 naminq CITY as beneficiary; or D. Any combination of the above. All bonds and letters of credit must be issued by a c(.mpany qualified to do business in the State of california and be acce.ptable to the Dir-ector of Finance ar::d City Attorney. All bends and letters of credit shall be in a form acceptable to the Director of Finance and City Attorney, and shall insure faithf~l and full observance and performance by TEN~~T of all of the terms~ conditions, covenants, and ag~eements relating to the construction of improvements in accordance 'With the development plans and construction plans approved by CITY as set forth in this Lease. XIII. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to or d~struction of TENANT-constructed or TENANT-improved b"llildings. facilities, or improvements located within the PR~SES, or in the event TENANT-constructed or TENANT­ i~proved buildinqs, facilities, or i~provements located within the P~SES are declared unsafe or unfit for use or occupancy by a public entity with tne authority to make and enforce such declaration, TEN~~ shall, withir. thirty '30) days, commence and diligently pursuQ to co~pletion the repair, replacement, or reconstru~tion of improvements necessary to permit full use and oce~pancy of the PREMISES for the purposes required by this Lease. Repair, replacement, or reconstruction of impro .... err:ents within the PREMISES shall be acco~pli~hed in a manner and according to plans approved ~y the City Engineer, the Chief Building Official and ~he Real Property Ma.nager. Except as otherwise provided herein, termination of this Lease shall not reduce or nullify TENANT's obligation under this paragraph. Notwithstanding the foreqoing, should the TENANT-constructed or TENANT-improved improvements on the PREMISES be more than seventy­ five percent {75%1 destroyed or damaged by an insured loss during the last five (5) year6 of the term of this Lease, TENANT shall have the option of rebuilding or repairing such damage or terminatinq this Lease. TENANT shall notify the Real Property Manager in writing of its decision vithin ten (lQ) .:3.ays of the occurrence of such damage or destruction. In thE event that TENANT elects to terminate this Lease and not rebuild or repair such 8 I I · ....... __ ._------ damage, TENANT shall ~emolish any rerna~n~n~ structures or portions cf structures not desired by CITi' and clean up .any tmd all debris and lihall pay to CIT'i a pro-rata portion of the proceeds of insurance required. 1n accordance with Claus~ XVIII (INSURANCE} hereof. The pro-r-ata portion shall be based on the following fonnula: Where: L = P(R/T) L CITY's portion of insurance proceeds. P Total insurance proceeds paid e.Kclusive of demolition and debris removal expenses. R Re~aining term of the Lease. T The total Lease term~ including any extensions made in accordance with this Lease. XIV. AS BUILT PLANS tJpO!1 cC'lmpletion of the Project, TENANT shall provide the Real Property Manager with a complete set of reproducible "as built plans· reflect~nq actual construction within or upon the PREMISES. TENANT shall also provide the Real property Manager with a statement signed :by TENANT under penalty of perjl.lry certi.fied as to accuracy and of actual construction costs for all such improvement-so XV. OWNERSHIP OF IKPROVEMENTS All iRprovements constructed, erected or installed upon the PREMISES must be free and clear of all liens, claims, or liability tor labor or material and shall become the property of CITY, at its election, upon expiration or earlier termination of this Lease and~ upon City'S election, shall remain upon the PREMISES upon termination of this Lease. Title to all equipment, furniture, furnishings and trade fixtures placed by TENANT upon the PREMISES shall remain 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 fur-nishinqs upon termination of this Lease if TENANT is not then in default. under this Lease, orovided that TENANT shall repair to the satisfaction of CITY a~ydamage to the PREMISES and improvements caused by such removal and provided that usual and customary lighting, plum:bing and heating fixtures shall remain upon the PREMISES upon termination of this Lease. XVI. MAIN'rENANCE AND REPAIR TENANT, at its sole expense, shall perform all regular and extraordinary maintenance and repairs to the PREMISES, including all painting and all caintenance of landscaped areas, necessary to 9 .---~-----. --- 'keep the PREMISES and all improvements thereto in first-clCi.ss order,. repair and condition as contemplatad under the approved d.evelopment plans and construction drawings for t~.e proj'S'ct, throuqhout the term of this Lease. For pur-poses of continued historic preservation of the PREMISES, TENANT shall comply 'With t.he maintenance plan and schedule described in Exhibit "En attached hereto and jncorporated herein by this reference. In addition, TENANT shall maintain, at its sole expense, all equipment, furnishings and trade fixtures upon the PREMISES required for the maintenance and operation of the Proj€ct. TENANT waives the right to make repairs at the expense of CITY 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 rapairs, alterations, additions or betterments shall be mad~ by it as required by this paragraph, it shall promptly pay fer all labor done or materials furnished and shall keep the PREM!SES free and clear of any lien or encumbrance of any kind whatsoever. Should TENANT fail to make any repairs or perform any maintenance ~ork for which it is liable, CITY shall have the option to make the repairs and TENANT, ...... ithin tE:n (10) days of receipt of a bill therefor from the Real Property Manager, reimburse CITY for the cost of such repairs, inchlding a fifteen percent (15\) administrative overhead fee. The making of such repairs or performance of maintenance by CITY shall in no event be construed as a waiver of the duty of TENANT to make repairs or perform maintenance as provided in this clause. XVII. UTILITIES TENANT shall be solely responsible for and shall pay, prior to delinquency, all charges for utilities supplied to the PREMISES during the term of this Lease. XVIII. INSURANCE TEN~, at its sole expense, shall maintain insurance acceptable to CITY in full force and effect throughout the term of this Lease. The policy or polici~s of insurance maintained by TENANT shall provide the following minimum limits and coverages; POLICY MINIMUM LIMITS OF LIABILITY ( 1) HORRERS' COMPENSATION Statutory (2) COMPREHENSIVE Bodily Injury AUTOMOBILE LIABILITY, Property Damage including owned, hired, and non-owned automobiles. $1,000,000 ea. person $1,000,000 ea. occurrence $1,000,000 ea. occurrence 10 .. (3 ) COMh"ERCIAL Bodily Injurr GENERAL LIABILITY, including Property Damage products and completed operations, broad form contractual, and pe~sonal inju~y. $1,000,000 ea. person $1,000,000 ea. occurrence $1,000,000 aqqregate $1,000,000 ea. occurrence (4) FrRE 'EXTElID ED COVERAGE Not less than ninety perc~nt (90\) of the replacement cost of all insu~able improvements ~ithin or upcn the PREKISES~ Such policies must include wat43r damage and d.e:b-ris cleanup provisions. Additional fire and extended coverage must be obtained in accordance with this clause upon completion of const~uction or installation of any major insurable improvement under the Project. Such insurance shall commence and continue to be in full force and effect throughout the term of this Lease. Each insurance policy required by this Lease shall contain the ~ollowing clauses: 14 "This insurance shall not be cancelled, limited in scope of coverage or nonr-ene ..... ed until after thirty (30) days written notice has been given to the: CITY OF PALO ALTO/Real Estate Division, PO Box 10250, Palo Alto, CA 94303.5 2. -All rights of subrogation are hereby waived aqainst the CITY OF PALO ALTO and the members of the city Council and elective or appointive officers or employees, when acting within the scope of their employment or appointment.- J. "The CITY OF PALO ALTO is named as a loss payee on the property insurance policy described above.- 4.. "The CITY OF PALO ALTO is added as an additional insured as respects operations of the named insured "It or from the premises leased from the CIT¥ OF PALO AVrO." S. -zt is agreed that any insurance maintained by the CITY OF PALO ALTO will apply in excess ofl and not contribute to, insurance provided by this policy.D XIX. INSUR}.NC E A. Certificates of Insurance. TENANT a9rees to deposit with the Real Property Manager, on or before the effective date of this Lease~ certificates of insurance necessary to satisfy CITY that the insurance provisions of this Lease have been complied with~ and to keep such insurance in effect and the certificates therefore on deposit with CITY during the entire term of this 11 B. Lease. Should TENANT not provide evidence of such required coverage at least three (3) days prior to the expiration of any existinq insurance coverage, C!TY may purchase such insurance, on behalf of and at the sole expense of TENJL~T, to provide six (6) months of coverage. Review of Coverage. CITY shall retain the right at any time to review the coverage. £orm, and amount of the insurance required hereby. If, in the opinion of the Risk Manager, the insurailce provisions in this Lease do not provide adequate protection for CITY and for ~embers of ~he public using the PREMISES, the Real Property Manager may require TENANT to obtain insurance sufficient in coverage, form, and amount to provide adequate protection as determined by the Risk Manager. CITY'S require:nents shall be reasonable and shall be designed to assu:::-e protection from and against tbe kiud and extent of risK which exists at the time a change in insurance is required. C. Change"? in Coverage. The Real Property M;:\nager shall notify TENANT in 'Writing of changes in the insurance requiremen'ts. If TENANT does not deposit copies of acceptable insu~ance policies with CITY incorporating such changes within sixty (60) days of receipt of such no,tice:, or in the event TENAa"lT fails to maintain in effect any requlred insurance coverage I TENANT shall be in default l.O.nder this Lease without further notice to TENANT. Such failure shall constitute a material breach and staall be grounds for i~ediate termination of this Lease at the option of CITY. D. Ng Li-mit cf Liability. The procuring: of: such required po~icy or policies cf insurance shall not be construed to limit TENANT's liability hereunder nor to fulfill the indemnification provision and require~ents of this Lease. Notwithstanding the policy or policies of insurance, TENANT shall be obligated for the full and total amount cf any damage, injury, or loss caused by or connected with this Lease 'Or 'With use or occupancy of the PREMISES. xx~ ASSIGNING I SU8LETTING, AND ENCUMBERING PROHIBITED Since CITY has relied on the specific baCKground and capabilities of TENA.~ in awarding this Lease l except as set forth under Clause III (REQUIRED AND OPTIONAL SERVICES AND USES, hereof, any mortgage, pledge, hypothecation, encwn.braTlce, 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. NotWithstanding the foregoing, in the event that TE~ANT fo~s a new, nonprofit corporation to operate the PREMISES under the Proj.:!ct during the teril' of this Lease, TENANT may re~~est that the City council provide its consent, in the City Council's sale discretion, to an assignment of this Lease to such nonprofit corporation. No such assignment shall be v~lid without CITY's prior consent as set forth in this Clause. 12 ;---.,... ... _ ... _, --.. --------~.~.---- ., ,-'. In addition, with the prior consent of the city council, in the City Council's sole discretion, TENANT may sublease spa~e on the PREMISES du~inq ~~e term of this L~ase to other organizations ~ith similar qoals for developinq and operating the PREMISES as a park and center tor historic arts. TENANT shall accordingly tile copies of any such subleases with the Real Property Manager. XXI. DEFAULT IN TEPMS OF THE LEASE BY TENANT A. CITY's Remeeies on Oefault. Except as otherwise provided under this Lease, should TENANT ciefault in the performance of any covenant, condition, or aqreem~nt contained in this Lease and such default is not corrected within sixty (60) days of receipt of a notice of default from CITY, CITY may: L Terminate this Lease and all rights of TENANT and those 'Who claim under TENANT, stemming from this Lease, shall end at the time of such termination; 2. At CITY's sole option, cure any such default by performance of any act, including payment of money, and the cost thereof, plus all reasonable acministrative costs, shall become imm~diately due and payable by TENANT to CITY; 3. Seek an action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of CITY; 4. Se~k a mandamus or other suit, action or proceeding at law or in equity to enforce 1tS rights against TENANT, and to compel TENANT to perforttl and carry out its duties and obligations under the law and under TENANT's covenants and agreements with CITY as provided herein; or 5. Pursue any other remedy available by lay or specifically provided in other clauses of this Lease. B. Cumulative Remedies. However, in the event of a default which can not reasonably be cured within sixty (60) days, TENANT shall have a reasonable period of time to cure the default. Each and all of the remedies given to CITY hereunder, or by any law now or hereafter enacted, are cumulative and the exercise of one right or re:medy shall not impair the right of CITY to exercise any or all other remedies. In case any suit, action ~r proceeding to enforce any right or exercise any remedy shall be brought or ~aken and then Qiscontinued ~r abandoned, then, and in every euch case, CITY and TENANT shall be restored to its and their former position and rights and remedies as if no such suit, action or proceedings had been brought or taken. 13 ... .,. t ! c. _'_t· Insolvency_~~NANT. In addition to a violation or breach of any other provision of this Lease. TENANT shall be considered to be in default under this Lease should TENANT: 1. voluntarily file or-have il"Jvoluntarily filed against it any petition under any bankruptcy or insolvency act or law; 2. be adjudicated a bankrupt; or 3. attempt to make a general assignment tor the benefit of creditors. XXII. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder give by either party to the other, shall be in writing and shall be sufficiently given and served upon the other party if (i) personally served, (2) sent by United states certified mail. postage, prepaid, (3) sent by express delivery service, or (4) in the case of a facsimile. if sent to the telephone number<s) set forth beloW' during normal business hours of the re.ceiving party and followed within 4a hours by delivery of hard copy of the material sent by facsimile ... in accordance with (1); (2) cr (3) above. Personal service shall include, ~ithout limitatiQn, service by delivery service and service by facsimile transmission. Delivery of notices properly addressed shall be deemed complete when the notice is physically delivered to the Real Property Manager or to :James H. Dozier, Attorney tor the Lace Museum. All notices pursuant to this lease shall be addressed as set forth below or as either party may subsequently designate by written notice. TO, QTI. TO: TENANT Rea] 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.O. Box 10250 250 Hamilton Avenue Palo Alto, CA 94303 FAX: (415) 329-2€46 and 'l'he Lace Museum c/o Dozier , Dozier 180 Second Street Los Altos CA 94022 ._---- 14 <'j':' ~ city Attorney, City of Palo Alto P.O. Box 10250 25D Hamilton Avenue Palo Alto CA 94303 FAX: (415) 329-2646 XXIII. ATTACHM1';NTS TO L~~SE <c , < _. --"---< This Lease includes the following exhibits, which are attached hereto and by this reference incorporated into this ~ase: Exhibit A General conditions Exhibit B -Description of Le~sed Premises Exhibit C -Description of the project Exhibit 0 -Development plans and c.onstructi·:m Dra·.,ings Exhibit E -Long Term Maintenance Plan and Schedule for Premises The inclusion of clauses in EXhibit A (GENERAL CONDITIONS) is not in any way intended to lessen the importance of these clauses, but is merely done to enhance the organization of various clauses and this Lease. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written. ern: CITY OF PALO ALTO (LESSOR) By:~ ____________________ ___ Mayor lL1"rEST. By: ~C~i~t~y~C~l-e-r~k---------- lLPPROVED AS '1'0 FORK. By: ~s-r-.~A-s-s~t~.--C~1~·t~y--A~t7t-o-r-n-e-y----- 'rEllAllr: THE LACE MUSEU!{ By: Its: <--- By: ---- Its: (corpOrate Seal) 15 PROPERTY DEScaIPTloN APPROVED: By: __ -----~ Public works/Engineering RBCOKkENDED FOR APPROVAL: By' ___________ _ city Manager By:~---~~-~-~-­Director of Planning and community Environment Bv:.~-~---~~----­• Director of Finance By:~-----,,...-.,....,--_,__--­ Manager, Real property By:~~~-------------------­Ri sk Manager EXXIBl'r A GENERAL CONDITIONS 1. DEFINITIONS CITY shall mean the city Council of the City of Palo Alto, a municipal corpo~ation. The City Manaqer is hereby autho!"'ized to take any actions under this Lease on behalf of CITY e~cept for termination of this Lease. Clauses in this Lease refer to specific officers or employees of CITY. Should th~se positions be eliminated or the title changes, it is understood and agreed that such references shall be considered to be to the new title for renamed positions or to the replacement official designated with the responsi.bilities of. any elimina.ted position. Any reference to a City officer or emploYEe includes a reference to the officer's or employee's designated represer.ta~ive. 2. PARTNERSHIP/CORPORATE AUTHORITY' LIABILITY If TENANT is a partnership~ each qeneral partner: A~ represents and warrants that the. partnership is a duly qualified partnership authorized to do business in Santa Clara county; and B. shall be jointly ana severally liable for performance of the terms and provi~ion5 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 clo so in accordance with an adopted Resolution of TENANT'S Board of Directors or in accordance with the Bylaws of the corporation; and B. TENANT is a duly qualified corporation in the State of California. As used in this Lease, the term nTENANTn shall include TENANT, its of fic-!!'rs, agents ~ employees ~ s\!blessees ~ concessionaires ~ or licensees, or any person acting under contract with TENANT; however, the definition of TENANT used herei.n shall not be construed to authorize or permit any sublease or licenses not authorized or permitted elsewhere in this Lease. The of TENANT is hereby authori2ed to take any actions under this Lease on behalf of TENANT except for termination of this Lease. 17 ~------ -', .' ~ J. TIl'lE Time is of the essence of this Lease. 4. SIGNS TENANT agrees not to cons'truct, maintain, or allow any sign placed upon the PREMISES except as may be approved by Unapproved signs, banners or the like may be r-emoved by CITY. 5. PERMITS AND LICENSES to be CITY. TENANT shall be. required to obtain a~y and all pennits and/or licens~s which may be required in connec~ion with the operation of~ and any approved TENANT const~uction upon, the PREMISES as set forth in this Lease. 6. MECHANICS LIENS TENANT shall at all times indemnify and save CITY harmless from all claims for labor or materials supplied in connection with construction, rep$lir, alteration, or installation of structures, improvements, equipment, or facilitiss within the PREMISES, and from the cost of defending against such claims, includinq attorney's fees. TENANT shall proviae CITY with at least ten (10) days written notice prior to commencement of any worle which could give rise to a mechanics lien or stop notice. CITY reserves the right to enter upon the PREMISES for the pur-poses of posting Notices of Non­ Re.spcnsibility. In the event a construction, either: lien is imposed upon the PREMISES as a result of such repair, alteration, or installation, TENANT shall A. Record a valid Release of Lien; or B. Deposit s'.Jfficient ~ash with CITY to cover the amount of the claim on the lien in question and authorize payment 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. PLocure and record a bond in accordance with Section 3143 of the Civil Code, which releases the PREMISES from the claim of the lien fro~ any ~ction brought to foreclose the lien. Should TENANT fail to accomplish one of the three optional actions within fifteen (15) days after the filing ot such a lien, the Lease shall be in default and may be subject to immediate termination. It.ElEA1fS_IILZW.ws 18 • .. 7. LEASE ORGANIZATION AND RULES OF CONSTFUCTION Words of the masculh,e gender shall he deemed and construed to include correlative 'Words of the feminine and neuter genders. Unless the context otherwise indicates, 'Words importing the sinqula~ number shall include the plural number and vice versa, and words importing persons shall include corporations and associations, includinq public bOdies, as 'Well as natural persons. The terms -hereby", -hereof" r "hereto" I "herein"', "hereunder" and any similar terms, as used in this agreement, ref~r to this agreement. All the terms and provisions hereof shall be const~ued to effectuate the purposes set forth herein, and to sustain the validity hereof. The titles ar.d headings of the sections of this agreement have been inserted for convenience of reference only, are not to :be consi.dered a part hereof and shall not in any way modify or restrict any of the te~s of provisions hereof or ve considered or given any effect in construing this agreement or any provision hereof in ascertaining intent, if any qu~stion of intent shall arise. S. AMENDMENTS This Lease sets forth all of the agreements and unde~standir.gs of the parties and any modifications must be written and properly executed by both parties. The Preliminary Agreement, entered into on c=====".,,-.,,' 1993, by end between TENANT and CITY, is hereby superseded by this Lease. 9. UNLAWFUL USE TENANT agrees that no improvements sha~l be erected, placed upon, operated, nor maintained within the PREMISES, nor any activity conducted or carried on therein or therefrom~ in violation of the te~s of this Lease, or of any requlation~ order of law, st3tute, or ordinance of a governmental agency ~avinq jurisdiction over TENANT's use of the PREMISES. 10. NONDISCRI.MINATION TENANT and its employees shall not discriminate against any person because of race, color, religion, ancestry, age, sex, national origin, disability or sexual pretere~ce. TENANT shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, disability or sexual preference. TENANT covenants to meet all requirements of the Palo Alto Mlli~icipal Code pertaining to nondiscrimination in employment. If TENANT is found in violation of the nondiscrimination prOVision of the State at California Fair EmploytD.ent Practices Act or similar provisions of federal la.w or executive order in the conduct of its activities under ~his Lease by 19 = · ...... the State of Calitornia Fair Employment Practices commission or the equivalent federal agency or officer, it shall thereby be found in defl!ult under this Lease, and such default shall constit'.lte a material breach of this Lease~ CITY shall then have the power to cancel or suspend this Lease in whole or in part~ 11. INSPECTION CITY's employees and agents shall have the riqht at all reasonable timefi to inspect the PREMISES to determine if the provisions of this Lease are being complied with~ 12. HOLD HARMLESS TENANT h<ereby waives all claims, liability .and recourse against CITY including the right of contr-ibu.tion for loss or damage of or to p.ersons or property arising trom, growing out of or in any way connected with or related to this l.ease~ TENANT hereby agrees to protect, indemnify, hold harmlti;ss and defend CITY, its officers, agents, and employees against any ar~d all claims, liability, demands, damages, cost, expenses or attorneys' fees arising out of the operation or maintenance ot 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 sucb fact and shall represent CITY in such legal action unless CITY undertak~s to represent itself as co-defendant in such leqal action, in which event TENANT shall pay to CITY its litigation costs, expenses and attorneys' fees. 13. T~J(ES AND ASSESSMENTS Thi~ Lease may create a possessory interest which is subject to the payment of ta:<es levied on such interest~ It is understood and ~~reed that all taxes and assessments ,including but not limited ~o the possessory interest tax) which become due and payable upon the PREMISES or upon fixtures, equipment, or other property installed or constructed thereon, shall be the full responsibility of TENANT and TENANT shall pay the taxes and assessments prior to Qelinquency~ 14. SUCCESSORS IN INTEREST Unlp-ss otherwise provided in this Lease, the terms, covenants, ana conditions contained herein shall apply to and bind the heirs, successors, e~ecutors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 15. CIRCUMSTANCES wHICH EXCUSE PERFORMANCE (FORCE MAJEURE) If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive governmental laws or regulations, or other cause without fault and beyond the control of the party obligated (financial 20 • "" . . -, inability excepted)~ performance of such act shall be excused for the period ot the delay and the period for the performance of any such act shall be ext,ended for a period equivalei,\t to the period of such delay. 16. PARTIAL INVALIDITY If any term, covenant, condition, or prevision of this Lease is determined to be invalid, void, or une:l.forceable, by a court of ~ompetent jurisdiction, the remainder of the provisions hereof shall remain in full force and effect and shall in no 'Way be affected, impaired, or invalictated thereby~ 17. WAIVER OF RIGHTS The failure of CITY or TENAN't' to insist upon ~trict performance of any of the terms, covenants~ ~r conditions of this Lease shall not be deemed a waiVer of any right or remedy that CITY or TENANT may have, and shall not be deemed a waiver of the ciqht to require str iet performance of all the te t-n'! 5 , covenants, and conditions of the L~ase thereafter, nor a ~aiver of any remedy for the subsequent breach or Qefault of any term~ covenant. or condition of the Lease. 18. COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT In the event either CITY or TENANT commences legal action against the othe::-claiming a breach or default of this Lease, the prevailing party in such litigation shall be entitled to recover fro~ the other cost of sustaining such action~ including reasonable attorneys' fees, as may be fixed by the Court. 19. RESERVAT~ONS TO CITY The PREMISES are accepted -as is" and "where iSN by TENANT subject to any and all existing easements, ana encwr;brances. CITY' reserves the right to install, lay, construct, mair.tain~ repair, and operate such sanitary se~ers, drains, storm vater sewers, pipelines, ~anholes, and connections; water, oil, and gas pipelines; telephone and telegraph power lines; .and the applications and appurtenances necessary or convenient for connect.ion therewith, in, over, upon, through, across and along the PREMISES or any part thereof~ and to enter th~ PREMISES for any and all such purposes. crr'i also reserves the right to grant franchises, easements, rights of vay. and pe~its, in~ over, upon, throuqh~ across, and along any and all portions of the PREMISES. No right reserved by CITY in this clause shall be so exercised as to interfere unreasonably with TENANT~s operation hereunder. CIT~ ~9rees that rights granted to third parties by reason of 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. 21 • 20. HOLD!NG OVER In the event TENAN'l' shall cent inue in possession of the PREMISES after the term of the Lease, such possession shall not be considered a renewal of this Lease but a tenancy from month to month and shall be governed by the conditions and covenants contained in this Lease. 21. DISPOSITION OF ABANDONED PERSONAL PROPERTY If TENANT abandons the PREMISES or is dispossessed thereof by process of ~a'W or othenlise, title to any personal property belonging to TENANT and left on the PREMISES forty-five (45) days after such ahandonment or dispossession shall be deemed to have been transferred to CITY. CITY shall have the right to re~ove and to dispose of such property without liability therefor 'to TENANT or to any person claiming under TENANTs ~nd shall have no need to account therefor. 22. OUI~CLAIK Or TENANT'S INTEREST UPON TERMINATION upon te.rminatior. of this Lease for-anr reason, inciuding but not limited to termination because of default i::y-T!:N'ANT, TENANT shall, at CITY's request execute, ackno'orlledge and deliver to CITY .... ithin five (5) days after receipt of \IIri tten demand thereoC a good and sufficient deed vhereby all rights, title, and interest of TENANT in the PREMISES, is quitclaimed to CITY. Should TENANT fail or ~efuse to deliver the required deed to CITY, CIT¥ may prepare and record a notice reciting the failure of TENANT to execute , acknowledge and deliver such de~d and the notice shall be conclusive evidence of the tenDination of this Lease, and of all right ':If TEN'ANT or those claiminq under TENANT in and to the PREMISES. 23~ CITY'$ RIGHT TO RE-ENTER TENANT agrees to yield and peaceably deliver possession of the PREMISES to CITY on the date of termination of this Lease, whatsoever the reason for such termination. Upon qivinq written notice of termination to TENANT, CITY shall have the right to r~-ent~r and take possession of the PREMISES on the date such te.rmination become.s effective without further not.ice of a.ny kind and without institution of regular legal pr-oceedinqs. Termination of the Lease and re-entry ot the PREMISES by CITY shall in no way alter or diminish any o~ligation of TENANT under the Lea$e terms and shall constitute an acceptance or surrender. TENANT waives any and all rights of redem~tion under any existing or future laW' or statute in the event of eviction from or dispossession of the PREMISES t~r any reason or in the event CITY re-enters and lawfully re-takes possession of the PREMISES. 22 .,." , /" 24. CONFLICT OF IaTEREST TENANT warrants and coven~nts that no official or employoe of CITY nor any business entity in which any official or e~ployee of CITY is interested: (1J has been e~ployed or retained to solicit or aid in the procuring of this Lease; or (2) ""'ill be employed. in the performance of this Lease without the divulgence of such fact to CITY. In the event that CITY determines that the employm~nt of any such official, emplcyee or business entity is not compatible with such official's or employee's duties as an official or employee of CITY, TEN~ upon request of CI~¥ shall immediately terminate such employment. Violation of this provision constitutes a seriolJs broeach of this Lease and CITY may terminate this Lease as a result of such violation. 25 • EMINENT OOMA IN In the event the whole .or-any part of the PRE.M:ISES are condemned by eo public entity in the la'Jtul exercise of its po'Wer of eminent domain, this Lease shall cease a$ to the part condem~ed. The date of such termination shall pe the effective cate o~ possession of the whole or part of the PREMISES by the condemning public entity. If only a part is conoemned 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, TENANT shall continue to be. boUTld by the terms, 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 conde~ed bears to the value of the entire PREMISES as of toe date of po$sessi~n of the part condemned~ If the condemnation of a part of the PREMISES substantially impairs the capacitf of the remaindar to be used for the purposes required by this Lease. TENANT may: .).. Terminate tl1is Lease and thereby be absolved of obligations under thia Lease which haw~ not accrued as of the dat.e of possession by the condemning public entity; or B. ContinUe to oc~upy the remaininq PREMISES and theLeby continue to be bound by the terms, covenants and conditions of this Lease. If TENANT elects to continue in possession of the remainder of th.e PREMISES. the then current annual minimum rental shall be reduced in proportion to the relationship that the compensa~ion paid by the condemninq public entity for the part condemned bears to the value of the entire leased PREMISES as of the date of possession by the condemning public entity. TENANT shall provide CITY with 'Written notice advising CITY of TENANT's choice within thirty (30) days of possession of the part condemneo by the condemning public entity~ ---~-- • CITY shall be entitled t~ and shall receive all compensation related to the condewnation of ~ll or part of the PREM!SES by the exercise of eminent domain except that TENANT shall be entitled to that portion of the compensation 'Which represents the value of the TENANT constructed improvements tor the remainder of the Lease term. The amount to ~hich TENANT shall be entitled shall not exceed the actual cost of improvements constrJcted by TENANT reduced in proportion to the relationship of the remaining Lease term to the original Lease term, using a straiqht line approach. 26. CHANGES IN PRICE INDICES Clauses contained in this Lease ~ay provide for adjustmsnt based on the Consumer Price Index, component ir.dices~ or other indices. Should these indices be changed, altered or cease to be published, the follovinq conditions shall apply: A. If the subject index is changed so that the base year differs froll". that used as of the month in which th:5! term commences, the subject index shall be converted in accordance with the conversion factor published by the p~lisher of that index; B~ If the subject index is discontinued or revised during the Lease term, such index shall be replaced by another government index or computation 'Which will obtain substantially the same result as would be obtained if the subject index had not been discontinued or revised. 27. POST-ACQUISITION TENANCY TENANT hereby acknowledges that its occupancy of the PREMISES Is subsequent to acquisition of the PREMISES ~y CITY. TENANT further ~nderstands and agrees that as a post-acquisition tenant, TENANT is not eligi~le and furthermore waives all claims for relocation assistance and benefits under federal, state or local la""'. ;:8. HAZARDOUS SUBSTANCES A. Definit..ion. As used herein, the term '"Hazardous Materials" ~eans any substance or material 'Which has been determined by any state, fe.deral or local governmental authority to be capable of poSing risk of injury to health, safety, and property, including pet~oleum and petroleum products and ~ll of those materials and substances designated as hazardous or toxic by the U ~ S. Environmental Protection Agency, th~ california Water Quality control Board, the U.S. Department of Labor, the california Department of Industrial Relations, the california Department of Health Services, the California Health and welfare Agency in connection with the safe Water and Toxic Enforcement Act of 1986. the U~S~ Department of Transportation, the U. s~ RaEA.S8i.11LZWWS 24 B. Dapbrt~ent of Agriculture, the C.S. Consumer Product Saf~ty Commission, the U.S. Department of Health and Human Services, the U. S. Food and Drug Administration or any other governmental agency now or hereafter authorized to regulate materials ana substances in the environment. Without limiting the generality of the foregoing, the term "Hazardous Materials· shall include all of those materials and subatancEs defined as "toxic materials" in Sections 66680 through 66685 of Title 22 of the California Code of Re9ul~tions, Division 4, Chapter 20, as the same may be amended from time to time. requirem.ents: During the term of this Lease~ bound by all of the folio'Wing i. TENANT shall comply with all laws now or hereafter in effect relating to the use of Hazardous Materials on, under or about the PREMISES, and TENANT shall not contaminate the PREMISES I or its subsurfaces, with any Hazardous Materi~ls. ii~ TENANT shall restrict its use of Hazardous Materials at the PREMISES tc those kinds of materials that are normally used in constructing the Project. Disposal of any Hazardous Materials at the Premises are strictly prohibited. Storage of such permissible Hazardous Materials is allowed only in accordance with all applicable laws now or hereafter in effect~ All safety and monitoring ~eatures of any storage facilities shall be approved by CITY's Fire Chief in accordance with all laws. iii. TENANT shall be sol~ly and fully responsible for the reporting of all Hazardous Materials releases to the appropriate public agencies, when such releases are caused by or result from TENANT's activities on the PREMISES. TENANT shall immediately inform CITY of any release of Ha7..:ardous M.aterials~ whether or not the release is in quantities that 'Would otherwise be reportable to a public agency. iv. TENANT shall be solely and fully responsible and lia.ble .for such releases at the Premise.s, or into CITY's sewage or storm drainage systems. TENANT shall take all necessary precautions to preve-:nt any of its Hazardous Materials from ente~inq into any storm or sewage drain system or fro!rt being released on the Premises. TENANT shall remove releases of its Hazardous Material~ in accordance with all laws. In addition to a 11 other rights and remedies of CITY' hereunder, if the release of Hazardous Materials --------:--- caused by TENANT is not removed by TENANT wit-hin ninety (90) days after discovery by TENANT, crTY or any ether third party. CITY may pay to have the same removed and TENANT st-.lI.ll reimburse CITY for such costs vithin five (5) days of CITY's d~mand for payment~ v. Notwithstanding Section 12 of this Exhibit A, TENANT shall pt'otect, defend, indemnify and hold har::less CITY from allQ against all loss, damage, or liability (including all foreseeable and unforeseeable consequential damages) and expenses (including, without limitation, the cost of any cleanup and remt!diation of Hazardous Materials) which CITY may sustain as a result of the presence or cleanOJp of Hazardous Materials on the PREMISES~ vi. TENAt:T's obligations to CITY under this Clause 28 shall include: a) TENANT's obligation and responsibility under Clause 4 (C) of the preliminary Agreement 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, subject to the limitation of 'l'ENANT's liability for such tank re:noval and remediation as set. forth under Clause 4 {c) of the Preliminary Agreement; and >b) TENANT's obligation and responsibility under Clause X (D) of this Lease to abate or contain any asbestos ccmtaining :rr.aterial that :may be. present iT'. the heating rjucts of the basement of the house or elsewhere on the PREMISES 4 vii4 TENANT's obligation under this Clause shall survive the expiration or earlier termination of this Lease4 29. ALL COVENANTS ARE CONDITIONS All provisions of the Lease a~s expressly made cc~ditions4 30. PARTIES OF IIITEREST Nothing in this agreement, expressed or implied, is intended to, or shall be construed to, confer upon or to give to any person or party other than CITY and TENANT the cove.nants. condit.ion or stipulations hereof. All covenants, stipulations, promises and agreements in this Lease shall be for the sole and exclusive benefit of CrTY and TENANT. 31. RECORDATION OF LEASE Neither CITY nor TENANT shall record this Lease; hovever, a short­ form memorandum of Lease may be recorded at CITY's request. 26 I , . ·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 I.EG,!,!, DEseR InION PA!lCEL 1 All that real property in the city of Palo Alto l County of santa Clara, State of California described as follows, Beginning at II Point on the northwesterly 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 Avenue: Thence southwesterly 150 feet, alon-; the northwesterly line of Homer Avenue; Thence at right angles northwester~y 210 feet and parallel wjth Waverley Street; Thence at ri9ht angles northeasterly 100 feet and parallel with Hoaer Avenue; Tbence at ri9ht angles southeasterly 30 feet and parallel with Waverley Street; '!'hence at ri9ht angles nort.lleasterly 50 feet and parallel with Hoae.r Avenue; Thence at right anqles southeasterly leo feet and parallel with Waverley Streett to t..~e P~int of Beginning. Being a portion of Lot 3 and 4 of Block 23, as shown on the Map of University P&rk l recorded in tt!e office of the County recorder of said County of Santa Clara~ State of Celifornia, in Book -0" of Maps, at Page 69 .. containing 30,000 square feet more or less. EXHIBIT B EH.D OF DESCRIPTION -----_"' .. 11;#' ____ - ... ;," ---'-, ;.. .. .J L ,60 \IlL!"' ~_ 1 I r -__ -----I.'AVEPLEY S-REET --~--+--, .• t; ::: ~ .;, ~ ~ .. < , . EXKIBI'T C (to Lease) ,--:- .. --,-... PROPOSED USE. HISTORIC PRESERVATION AND DEyELOPMENT OF PROPERTY Webster's concepts, etc. of a New World Dictio~ defines CULTu~E as -the habits, skills, arts, instr-.Jl'llents, institutions, given people in a given period, civilization." The Lace Museum will rehabilitate the house, garage, and gardens to reflect the culture of this community during its formative period in the earliest decades of its fC1mding. The Historic Architect identified this on pages 4 and 5 of his report as the prime histvric importance of this property. No programmatic built additions will be made to this property. We ask the City to -dedicate the property as park and apply to the Santa Clara Historical Heritage Commission for $100,000 in grant monies for our imp~ovements. This is the grant proqram that funded the Harborm~ster Adobe rehabilitation. Our use of the property will fulfill Ms Williams' wishes as stated in her .ill that the property be used for cultural activities and p~u'-k purposes. The PREMISES ~iIl be named the Dr. Thcmas M. Williams and Pora Moody Williams Center for the Historic and cultural Arts~ 2. The house will be restored to demonstrate the life style of this family as to the practice of medicine, dome$tic architecture and qarden development through tours, works~ops, training, and research activities, thus honoring the Williams family in more than name only. The hous.e will he largely furnished in period antiques from The La-ce Museum's 'Collection valued at $50,000. The. restored gardens will be freely available to the cOIn1Ilunity during the Center's hours of operation, a mi.nimum of six days per week. The house and gardens would also be utilized for events and as an educational tool to interpret the community's history as to how life was lived. The Lace Museum's collection of textiles has been appraised as fine art at $1 million. It will he stored and displayed in the house. With the city Council's permission~ other organizations interested in Palo Alto history and 'Women's heritage may house their resource collections there to serve the public~ educators and researchers. The Center will be a particularly valuable resource for our schoolchildren and their teachers. ; .. . , • We. hope this property can become a s~~olic focus at the time of Palo Alto's Centennial celehration~ 3. The retention and rehabilitation of the property as it stands with no built programmatic additions is a usage that requires minimal change with no loss of historic.char8cter and will fulfill The Secretary of the Interio~'s Stanaards for Rehabilitation of historic properties to the letter. FUrthermore, the development plan will satisfy the guidelines set ~ the Historic Resources Report as referenced in the ~p and the Preliminary Agreement and go beyond it in ~reserving the ~eQical wing. ... A caretaker will be in residence and volunteer maintenance crews frem our organizations 'Will seC\.ire and care for the property during the option period under the preliminary Agreement. 5. Our ~odifications to the property will he minimal and only to satisfy the nece~sary require~ents resulting from its ne~ use and to satisfy the City'S specific requirements~ We propose a cap of $25,000 O~ our costs of removing the qas storage tank and spillage clean-up due to the uncertain nature: of this work. Costs exceeding this amount would trigger a renegotiation with the City, as set forth in the Preliminary Agreement. The .ain floor of the residence will be used for our public access programs; such as, museum, resource ccllections, tours, workshops, ~vent5 and training~ .Handicap accessihility to thi.s. floor by ramp froUl the parking area behind the house end a conformint; toilet room, balls and doorways will be provided~ We plan to locate necessary toilet rooms -..;ithin existing spaces or lesl5er histoyic importance a.nd r-et",in the configuration of the llIedical. wing to a greater degree than suggested in the Historic Re$ources Report. The second floor will serve as storage for collections and offices related to the principal use of the property. Tbe occupancy will not exceed nine persons end not triqqer the code requirement for a second 5ta~:, nor does this proposed usage require an elevator. ! The qaraqe 'Will be braced and used for outdoor storaqe as suggested in the Historic Resources Report. We will pour a perimeter foundation and slab, shoring the garage a section at a time to obviate the need for liftinq it, and then use structural connectors and shear panel installation as necessary .. * The existing driveway, re~~ired parkinq area behind the residence and the historic garden paths will be resurfaced uslnq decomposed qranite as suggested in the Historic Resources ~eport. This material is residential in character, water permeable, and has been used similarly in the ci~y and at·stanford for many years. The flower, vegetable and herb gardens, the orchard and the wisteria trellis will be retained. The nece.ssary irrigation system will be -.:ater­ BaVibg an~ as unobtrusive AS possible. The sandstone walls~ pavinq and borders and the 9a& pumps will ~e.main. *As an alternative~ we will consider a separate project for the qarage which woYld rababilitate it for meetinq usaqe. Note: Z%KlBIT D (to Laa •• ) • "0 Development Plans , Construction Drawings ·". Tbe development plans and construction drawin~s to be included as Exhibit D to this lease will be the plans and drawin9s submitted by the optionee and approved by the City darinq the option period. (see sections 4E and 4F of the Preliminary Aqreement)~ nm:Bn B (to Lea ... ) ... Long Term Maintenance anc Schedule tor Bulldinqs and C:ounds ,Note: The maintenance plan .end schedule to be included as Exhibit E to the lease will be the plan subMitted by the optionee and approved or amended by the City during the option period. ,'. , ,.;... '" ";>'- EXHIBIT II {to Prelimin4ry Agreement] Plan for the Care, Maintenance and Security of the P~operty O"\.l1"ing 'loeB of Prelimil".ary Agreement Following execution of the Preliminary Agreement by the Lace Museum and City, the Lace Museum will Assume full responsibility for the care, maintenance and security of the property durin9 the term of the preliminary Agreement. Thoae responsibilities include but are not limited to the folloving: 1~ The Lace Museum will provide evidence of insurance coverage meeting the requirements of the City, and a caretaker viI! be placed in resid.ence on the property to provide twenty-four hour security for the property 0- 2. Prior to occupancy of the residence by ~~e caretaker, the Lace Museum will complete, at its &ole expense and to the satis.faction of City, any maintenance or improvements the City aay require prior to permitting the residence. to be occupied by the caretaker ~ 3. No structures, improvements or facilities shall be constructed. r ere.cted, altered or macle. 'Wi thin the pro'perty without the prior written consent of the cityrs Re.al Property Manager. The Lace ~useum shall take care to ensure that any use or maintenance of the property shall be done with care. and consideration for the historic signi.ficance of the house, the. landscaping ana property, and that nothing shall be done to cha!1q8 or damage any historic features ot the house or landscapinq. 4~ The Lace Museum. at its sole expense. and to the satisfaction of City, shall perform any maintenance or repairs necessary to keep the property and all lIIproveJ!Ients thereon in good order, repair, condition and'habitable for the caretaker as may be required by CITY or by any l~l, state or federal ordinance or law. 5. Tbe Lace Museum shall be responsible for delinquency, all charqes for utilities property and all taxes or assessments. and pay, prior to supplied to the • · .. ~ ... -. EXHIBIT III (to Option to Leise Agreemeot) THE WlUJAMS RESIDENCE HISTORIC RESOURCES REPORT by Gil SIn::haz, F~ h1:i'I8cI Daryl Alan, to 5 5 l • I. and 10 Ma'cIl1992 GILBERT AlINOLD SANCHEZ., INCORPORATED AIICHITEC1UIE • HIS!aUC CDNSEIlVATJ;)N lCI2Z CUN CANYON lID. SANTA CIUZ, CA 95OIO_4.J8.tIIIIII '. / Table 01 ContenIs PART ON£ • ARCHrTECTUIW. STUDY by GO SBnc:IIeZ, FAIA BIId DetyI Allen, AssocIate L InIrDdIICIicn 1 Il His!Dric:aI BIIckgrcuncI 0u!Ine 2 D1. Sigililic8i1C8 01 the Residenc:e and SIIe 3 IV. IdalIIik:aIicn d HisIoric: Fabric and A!Iei atioIlS to the SuikfSlg 5 V. Ai 'P:; at lie BuIding Codes, 1I\lting/flnl SIreIy, ani' Hartcl'ca;Iped No> .r' a,. ~ 9 , VL GuicIeIiws for P ·1 ..... Ganrge and SIll 11 II. ~CIi!Ctl III ICIIti ttffioa!io t d lrrijJOlla. GarlIen Fe8Iures IV. ~ I8S tar GanIIwI ani' SIIII PART 'THREE • DRAWINGS , SIll FuUes PIa'1 Fnt Floor Plan Second Floor PIa'1 18 19 Zl 23 --. /,. The CIty 0/ Palo AIID 'Illai led the Inn 0/ GIlbert SancIIez NctIitect 10 study !he I IISicIa lOti In! ~ 0/ the WIliamS R ..... iC8 at 351 Homer AYenU8 in Palo AI1D Ind IdanIIIy hIIIIa klaIy D'Id III'ChiI8auraII itlpoi ra g buiicIing and Bile .. , i811Iii. The CIty 0/ Palo Mo IItancIa 10 tssu& a ~ fer PI tV 'fer a _10 lease the j)iIIp6i'I)'; 1hIs BIudy wII deYIIIop guidainas fer the ..... 1 ibIti • I 0/ the lesi:JeI lOti ancI prarArty 10 a reN non-oasidei diai use· GI Sanchez, FNA, an:t'IIIBd: arc! o.yt AllIIn, ISS C . I , obsei\Ied and phcIDgraphed the rBSideiICOl on Febru8ry 111, 1992. Pas! RccWigues, laiod9cape &id!ltedo obsIIrIIed the .. ,:tKaped __ IW1d nDIIid plants and .. faatIns WOI1hy or pi' e 5 eMIIIoI L The ..... a _ bIIqI iRIhed 10 !he CIty by Miss Rhona Wiliams WhO specified that I be UBllClIOr ~ or pari< ~ The ,69idb"co _ dtisig! IBd by Emest c:o.r..I. a ilClIIid Bay Artia .d6sCl, Ind ""* 111907. It Is sItI-s on a .89 II!CnI Iai :Isc'lll"ed ilia (\wo pa'ceIs 0/ land}. The lillie ! ""hid siIe h*ICIes 8 QIngb IIlC2 ~ lie tuIures IUCh • b saiClsluos wallnd gaI8WIiy, llagstutlb 1Iii. __ Ind a WiSIafa arbor. The WIIw •• P I -rea Is iIIIId on !he CIty 0/ Palo Mo's HisIcfIc BuIIcIing ~ lID! J •• ' gcII y 2 IIrucU1I .., is PI : illy IRICCI rpibd 1 / :' • .~ .... 1871 Thomas Mallon Wiliams Is bam In Duo, West Vrgiria Where he grew up on a large lamIIy hDrriestead. 1897 WIioaSIS graD _ !rom SI80 sfOtd UniIIersIIy. 1901 WIllms manies Dora Elley Moody who was DI'igin8Iy trom vermont, bI._ now Mng In Pi 5 E ~. wan her f8mi1y. He _ dad CoUnbIa Medical ScnooI and was In his iesidIH iCy when !he couple married. 1904 The couple JT1CMIS 1D Palo AIle; !heir first rui41ll i61I was !he purchase gf 35 __ In the Coast Range kMIrIookiI III La Honda. They built a ~ C$bin here. Dr. WIIIiam$ poa:1ices mediCi III In !he area, making house cds first on B bicycle ana IaIer wan a horse ana buggy. 1i107 The ~ Avenue AlIi lei JOe is ~ and the couple IJ'IO\/II! In. Dr. Wlia .... 1I!Ics 8 JIIr1I* after WDIId W" l lhey w.a IaIer joined by other physiciasslOmi:1g 1I"e ru::IeIa gf whit Ia2er beta le1he Palo Alto Clinic. 11147, 11MB Dr. Wiliams PUlrCd-... an ~, beItNacIlD be 1I"e first amJmcde In USII In Palo AIle. Twa daughters BrB born ID IhI W&a .. _, B a!«h and Rhona. Close In age, boIh -.:I S1anforlI and ~ 111929. Dr. Williams dies In 1947 and Dora WIllIams dies In 11MB. Dr. WiIams was active In BCIMIies 81 SlanIcrd and was an adN'8 """I ib&i gf!he Bohemian Club and pii Ii i; .ad widely In c::crrrnurWty lie In Palo NIf:J. ,_ Rhona Wiliams, daI.IIt-gf Dr. and Mr&. WII!...s dies ancI bequaaIhes 1tie lamIIy rasiChii ICe ID 1I"e r:i1:y 10 be used IQr pari( or QAnI ~ AI 0/ the 8bcMI J i5tUi UI ~ IMI'IiIlic:N, is fram SaI ........ 1I1Id TIle, a plbi alion 0/ !he S1& ifuo d IIi&tuo icaI SociIty (Sumler 1987) prcMded by Gerard WagsIId' .... Nelle: Thi$ -V poailiinay sIudy In which lislDilclll res d,_ nat i'IcIudad i..· IheI'a _ posstlIy SIIIicient sources for 1horough his1UicaI.111 d lID be C8II'iad out. :1 • \ ~' .' 7lIe o.vnets Dr. lhDmas WillIams was 8 SlIInfcrd gtadUBl& who pnICIiced medcine In Palo AlIo durhg tis III'Ih career. Dr. WiIiIIrns p8i Ii !paled In ati1IetIc IICtiviIies III StanIord BS Chai' of the I.JrWeIBIly's Board of AIhIeIic CorIIroI and suppottSd the campa;gn for c:cnswcIion Of 1he SIadUn. He was 8 CIty CouncIl member In 1923-26 (Historic Rascurces IIMIr1II:Jry Fonn 1983). Dr. and Mrs. WillIams' two ~, Elizabe!h and Rhona, COC"IInuecIIe M In the house aIIar !he dea!t1 Of !heir paren!S. They wen! IICIMIIy i'MlMId In CCJIT\IIlIrlIy acIMIies and lhe/r CBlIIe ranct'ing ope:aIion on SkyIne Drive, ~ Ihere CIaiy, Flba! '81!1 and Rhona Williams wen! phiIanIrlrQp!sI and suppac18d pg/iIica! _ COl ISisI& ~ wiIh 1heir ~ of nsture and COtlS8MlIion [F'atSOi iii! ccmmunication Gerard WagstaIIe 1992). 7/Je An:h/I1!Jcl The • ssides ICe was deSigned by Ernest Coxhead, an an::hiI8cI born and edl ....... in ElIgi8I d, who mai IIaIi «I an oftice In San ff811Cisco !rom 1890 10 1933. Coxhead dMign!d b.r chun:hes In the Say Atea (one was dasIroyed In 1he 1906 ~), but aft8r 1he 18SDs, he was primIIIiy •• _"'!fllial .ctllbid. Particlpaling in II1e tIuidIng boom aft8r the ~ WId lire. his , .... 1IiaI dIISigns __ construcI8d ItnIughaut \he Bay AnIII and .... aisted at UIt81, III.CUtJ8n. and COII'IIry house daaigra. The firm of Cc»ihead end CQIChead desigI i6CI two • esidIM IC85 for Phoebe "I4*1IUi1 HeMIt whictl she rIISided in 1Il-xu 1imas (The Bll'lIIIIey ArcIi\ecIu'aI ..... lIage Associa'ian'a Emsst Comead, AR:I!IIIcf. 1l1li7). M1augh CoId188d was no! as _Icnown as WIIs~ Bemard Maybeck or JIJia Morgan, he was an l1l\:IOIt8rt deErigi. in \he MIOdsy regiona1 design known as II1e First Bay Atea Tradition (The Berkeley ArctliIaI:tII'a IIeIIIage Also ..... L 1l1li7). The WJIIi8rr8 n .j ICe pel 5S 11185 many d"laliiClelisIics at \he EngIsh COU"dIy house style such as ml'ltigabled Sleep­ pIII:hed roaII;, tu is less Icrma1 wIIh lIS partially cpen IIoor pIs1, use cI _ ..-1aIs gn the 11Ierior, and lIaI-I'llCJfed secIiCn. llis 10IIkIIII iCfI is possibly • 1I'1il1SIIio1lll1iri< tleMeen the English TUdcr end !'tis liar lesi.:IeIlCIIS wtW:tI mcr1I NIy S1iQ ,pted II1e Bay Area Tradilion. It is balB'/ad 1tIIn Is only one aItler CoId'8Id cIesigned sIruCIiJr8 kl Palo AIID in IIdIIIion Ie \he WIIiarT5 .1ISidII1CB. TheSIIB The .... apI at \he English COII'IIry house is !he creaIion of • _ of tieing in !he COII'IIry. leg&Idlus of Where 1he n!IIidIIn;:e Is IocaIed and no hDusa -~ wiIhDut lis "'" deo"lS CIImg 1his 1inle pericd. The WiIisns FIBsidence employs a vwiIIIy of Iai Idscapi lSI media Ie aRIlI an oasis wiIIWl1he city: hedge ~ \he SIleat .lCiOsiIag • SQI11IIWhaIIcrma1lawn, Ie !he tIIiIS! 8 ~ gards iInIIi, and \/1Il0I'0I81 lie and herb gm'dens behind 1he hDusa. Tall eucaIyp!us trees 6IOI1Q the rear praperty line 3 The GIraQe A gravel c!rivewIIy leads 10 !he garage IOc8Iad lit !he I'IIIIf of the prcperty. "The garage was not cIesigneQ by COJchead (It is net shown In !he ar chitedural drawings) and is of a U80idacIy dIII ... "nt style Iha., !he hOuse. It Is in !he ClaJoSill8l1 style and was most Iii<eIy bull II a IaI¥ time. Higt>-tItyIe gat ages were designed by iii d ol&as in the style DI!he hOuse. but mora c:orRl'jQ(~ W9I1I bIJi!t by COl iii iiClDfS ~ used wor1dng drawings avaiabIe from 1M! order houses in !he pr1IV8iling popular styles. Before gas SIBIicns and repair shcp& WW1i widely 80C ?tie. auto owner,; did ,,".ear CIWI"1 IuaIing and -.icing. 1ncI",oidua/ pumps and U'ICIIIrground gas _ wen. IOailBd at heme sIIes and garages COl a;IIed areas for wast .. III down and working on !he cars (Old House JwmaJ. "The Great American Garage; September 1986. page 332). The WIlliams garege wI!t\ its gas pumps Is I'ltsresf;IIg as It illustrates the ~ !lnd servicing DI!he IIiJIDmQbiIe in !he 1910s and 192C1$. The ResIdBIlCtJ "The I8Iioeo ICe is rert1IIrI<abIy unaIlered from lis original COI>eept and contains e great dee! of original hisIcric fabric whict! is "'PI S dati ... of lis times. "The large finely -aMe" lim; and dIrkig --. "mocIem" kIId1en, pUnbed biidl.ooollS and !he doctcN', DI!iae .... usa gr8IIl deIiIlboLl a diIfaoar,era and ~ of doing things. WhIle 1 IlIIi lSioIe and eSIIIIes _ ~ IBi lID ruI8In and restDre fer 1heir sd .lacIIrar VIIIue and baai.4y. It Is -equaIy ImpcxtalJt 10 ruI8In rep ! a iIIIIi\18 ~ of Bi cJ**"Iure in I8Itings which shed light on tbe IifastyIas of!he po DI ·D lSI and I?*fde.-. aagrT .. lIIi·of P'l" Mtion. "The house Is slgIlik:s 4 in !Is own right as an 8I<8rIlI*I DI an Impa tai I Bay AnIa • d IiIect'lI WOfI<. The gat1IgII is an ~ part of !he &&.tiurtlIn homesIead In !he early yeans of !he age ofb IIUIOmObiI8. "The lite i"dIIct wiIh hOuse. garage. "... pial ii i$I beds. Ii!tlOrs. and garden walls Is SiglIik:s It as a 1 IP IS iIIIIMI _, "*' of !he upper-middle class ILtxJtban hoi liBSIMd in !he fi'st decade of !he t_ dIa~, century. Due ID prassuras DI P'l" """On growIh and ascaJating real esIImI vu. ... Ihis 1ypIi of house and IUITClInCIing gat del. are becal Ii ill ~iC1 5i 'fil'l nn, pat1iaAatty near a ckJwt40Wn care. l1'1a CIty of Palo nsJ has 1he cpportLriIy ID II SIN6Ihis Ins lepiosa,ilZW'II axanrpIe of a pol ionIII ~ hcmes1ead fer the 1I&mI ~ and ado IC8'ion of !he area's citizens while It _ In • '-U98. 4 • . . .' :... " . : rtI. ldei ,I!fudioo Of HisIc!II: Fabric In! Allaldb is to IhII Building It is aIticIIltlIIl ~ IIdapti! OW IhllIiIII and bUIcS!ng to a new use Itiat ~ whiCh are 'cJ aiiC1llr-clefillillll"-those faaDns whiCt1 _ ImBgralto the unique cIlar8CIar Of buIdIng InI SIIe-are pi 0I8CIIid end pi aaNed. Tl"i5 secIfon will identify charac!IIr, d8IIrIng __ ct IhII hoUSe end garage. See I.lII id9aIpe Report whiCt1 follows 1I'is secJiOn for chai ecter-<l8fring aspects 01 the garden which are 10 lie pcA&c:ted end ~ e.tIor EJe>doftS !!ec:eose allhe c:.JreU de9grI allhe hOuse, all .. atioc IS lin! Impoi!lli 1110 its k'iIegr1Iy. HowIMr IhllIeast li4A" 1& 4 .. 1Iioi .. IWId arty .... 1IIion which can be modified, is the ,... or norIt! aIe>.ti co I. This side ct \lie house has 1r&ditioi Idly been ised for UIIIII&W1 purposes and ill the Ioca!icn ct Ihe .-.tee pad! and basement staits. The front or IICUh tiIe>oldbt is Impoita. as I: lEes IhII -* ICIId garden .. and 00i IbIiI is Ihe enIry far Dr. WIia ,IS' aIfice lIS willi as IUTiIII'1lUS ta odaca4le end garden 1eIIIIns. The ..... i/Joi. IS 1IJnIcad by Ihe iIowoiIr gIrdIIn WI'dI is WOIIhy of ~ nI 1tI8 ... IIIeu .. ", II Ihe II:IcaIIan of 1tI8 enIry 8'1d ... be 1ha tnt vIIIw by wISItors a'I'Mng by car down IhII ~. Fftt Roa. I.Mns1 WItIQ. InIetIor llIt Inta len of 1tI8 IIIIIi'l moms In Ihe hing MIg ... men si'nIIar 11) Ci&.,. i style •• D. Ih8n English Tudor AeiIIvIiL The SI8inIId redwood Iini&t1IIS ct __ moms 1ft CCII .... wilt> IhII Bay Area TI8dIIion i ........ WI'dI aIuded '" _ end utilized na!Ne C81iru,da _ials. The Engii&h beiliu .. INns men toward wlleied oak cefrlgs 8'1d paI_ iQ. umg Room. 0irW1g Room, Hal, Roo til"" -, Room 8'1d Play Room ' n.e rooms are .. cu ... ac: conIJIJuting 10 Ihe cJa .... Of IhII building ........ 1hey canIain Ihe arfginIIltldwood pal _1\1. bull .... cabi1llll')', .. 00gi':aI dDonI nI wiKiMS Inl oak IIoicotIg. The main SI8irway consIrucIed ct oak in Ihe hall is also • wntrIlUIing ......... KlII:hen, 8I*'$~. and 1TdIy. n-1'OOR'I5 .. 1!11e aIt8rIICI \'om 1ha unginIII p8\, 8ICC8Pt 1h8l1h11 original tH< has baIIn replaced and WU'I1III' lOp has been reaufacaI1 The IinoIIun ftooIing in Ihe kIChIIn and haillePAing 10 IhII kIChIIn lao been "" ... .., wilt> __ sheet vinyl. Sene .... Bedloom,The nontt comer allhII iYing wing is Clasigtilllld on 1he ariginaI 5 .----~""".----. '\ • • chIIeCU'aI chwvtllQS as Ser\lanl's Bedroom. This roam end lis adjoining CIcssts, w!licI1 ... lacKIng i'l unique • clmactJraI finishes, ... a goad candidate for Rt fal' ,'i M'l far rww UBe$ wIIhout the lOSS 01 sigI dfiCBI g I'isIgIic fabr'.c. KiICIlM' (Service) Pcxt:h -This room originally tIPd screens Ie !he 0UIlIide on !he nor1tI W1d _ It wIIh a wi'ldow onIP !he fn:lnt porch. This window has been QCMIfIId DYer wIWl a ataI:s was once installed here for Dr. Wiliiams Ie IIldt the house dUIing !he ~ when he was called out on house ca!s ">ersonaI CClmITU'Iica!Io l.Inan 1992). 'The DII;inIIi plans indk:aIa wasil t1Ibs Ioc:aIed Ihere laundry si'lks l1'li placed ICday end de not indk:aIa a skylight, which is presenl1Cday. Peca "" !his UIiIitari!In room ta lIMn prwvicusIy aiIered, lacks archIledIni finishes, and Is on the "8111' 01 the houle, I is a good candidaIe for adap!aIion. A small tole! roam is IOcat8d ID !he east at the kIIx:hen porch. 'The tim 1bor Is not wt.eichair accessible at present due Ie a lack 01 3C' clearance i'l dOOIways. Dlx:a:lr's Qb WIng Ub'dlety -Next ID the smailloiI8t room is a roam desigll8I8d on the original plans as I.abOIIIDi J'. A """,*!IIi 'II tBaIunIln !his room is ., DIiginaI, UI iBIIet ad sink. 'The link '-II __ , do ailiboiUd and a aheM ~ splash en the back. VfIfY lew -'. at a.ty .... rwnaIn due 10 I'II'I'IDdIII&I '" W1d t Is wry rant 10 1Ind oneil JIIIu. 1JrifoI1InIIeiy, 1I1iS room, which Is wIIhout ether cIisIi'lguishin cI i6i _ iStics Is In the belt IacIItian fer h& rfiCIII".ech,: II tie tciIet roams W1d I may be NCE rID nmove1he hIsIDric sink. Opa iiIii '" Roam -D 'grlad 10r a 'MY spedfic use, !his room has bUIl-CI ShIMIS, a camer link (arigInII) and a skyfighI 0YIII1l8i4 '"-..... I.a " 'IS are 'MY ~iI8i_", iRS worthy at ~ 0IIIc:e -Dr. WIliams' office contribuIas ID the c:haraclar 01 !he O!tice wng dUe ID lis pallllling and fimpiaoe whici1 c:hatac:IIM iz!II a Bay Area Tradition 1'1Iericr. Rae iijAbck Roam -This room Is 1mpoI ...... , as !he 8I'IIIy r'lID the 0IIice wng aIIhough I Is iaddng In • cI M:ll.rll1iniINs. In general, the 0lIic:e wng is mill I1eOIed and 0'IIa! esli 'iI wIIh no .... 11Iiai IS wi.... ! .... tan 1he arigIna! ~ All finishes end originai doers and wildows _ WI place. Secanct F/It1IX. /nI8tior A master bedroCIm wIIh a Ii; "pIacIII and do : STg ream, lour smaIer bedrDams. two 6 • • ------..... • ( 1 11 ,. , bidtI CXIIT15 and • cIIlSed-in perch cae. ipi iSe Ihe upsIIIirs and all are ~ inIaCI !rem 1I1e oriQi1aL The odt .IIlIlon BlIhe S8cond Rear Is Ihe Sis BpillQ Porch on Ihe west. The origInII pin; IndiceIa !tis ..... _ originally open air with • low wall enclosing It lIS 8 tlaIcor\y on Ihe _ Bide. French doOr& opened enID It frcm !he house. The_ IIide hE ~ IaIer cto&ed In ~ !he llIIIcOny wall ~ • 1rame wall end window, but !he origInII Mevy 1eXIIn aI ~ SIUCOO still nIm8fns on Ihe ncr1h IrId east walls. The wincIaw InsIaIed Is one al1he few windows In 1he house whic!lls of a 4Ifa ... It type. II idcsIh '9 t _ insIaied at 8 IaIar dale. A buII-in linen clOset In !he hail Is finaIy-<IstaBIlllOd worthy of pteS8MIIiOn. If at.u.illUlS are ...... essay fer. second exit !rem !he upstairs, a bedrcom COUfd be aIt8r1Id 8& 1henB ana SlMII"8l 0Iher original ones. If !his Is Clone, retain originaJ !rims end bases and raInsIaII on new wal. The doors and wi Idow5 (with Ihe ""C'!pIian of one window at 1he SIB I pi ill Pon:h) ana original and BhoUd not be aIIared as !hey ana inpoI ta ~ charaCIer-delining feaIur8s aI !he residence. Fi8Jll&i;:e& In! nlBlllto!s In !he L.IWIg Room. ~ lledioom end Dr. WIliamS' oIfic:e ana custuc'KlllBiWied and ana inlJlIac eabItt end ~ 10 !he c!esign aI!he house. They shWd be ~ I'8gIfdIess aI wheIher 1hey ana put in1D use. The radwocx! parlllii'll1hrcughout 1he main rooms Is an lrtiPO'lIIIil aspect al1he B!l!f AItiB TrIdIian 8IyIII and ShoukI be P erJlld Bt¥I P' ..... The p!WII8d nuaI _ most Ii<eIy Clone by one aI!he WIiams siSI8B and Is a IDQue fuIure wI1ich deHNes P c:AIiCIiuI L oak 1Ioomg IIYDughcuI (WIIh ..... rugs, not waD 10 wall C&I petil 'Ill Is typical at lhe time period anc1 BhoUd not be alI8tecI or dill, oaged. The electiLal igI'Iting Ii>dures .. brasS anCI aI hIgh~. They IhDuId be reIaIned and repeizlld as needed. 1/ acl:IIi3Il81 ~ Is r-*l tor 8.--use, acicl1BSk Iigtting or .--fixIures which In 1JrIQbIrusive. The brasS buIIi:in-styIe swBr:::h pas era Wliq&.w and iileiesli'll In! should be P ~ In !he ctvncI8r. cIaIi Ii IQ roams. The 1luII .... fumIIur'e In the Dining Roam and the EII*'S Pantry are i npa l1li d becm- 1hey ....... the manner aI mea! seM1g during an ear1ier era. If It 1s!181 I Y II) 10 widen a door 10 the Diring Room, alter the Bullar"s Pantry as _as pIS&! ie. The Dining Roam stIilUd not be aIIIIr8d. 7 \ 'The gage Js • Ii .... WIll CIlnSIruCtion V'IIn'IIICUIIIr buiIcfng supported on 8 mud sIl 1he ~ Js 8idIId willi wood rei has rnJ\ipIIIlBd waod wWIdows. FeaIurtos at i1IDraaI on 1he ~ .. original hIrdware on 1he "barTHIIyIe" dcor!I end wcoden guIl8rL The ~ Js'" • :I-.y.--1he bad< property &ne. The I11III ~ .. fronl1t!e 1910s or 1B:20s and .. WOIthy at ~ CIu8 110 Ihei' ~ end what 1IIey 181 loS Ibaut 1he -'Y tec:trocIogy at 1he ~ age. B ,..: .. ' / V. Applicable BUIding CedeS. EIuIding/ FIre SaIety. and Hale. 4. red A: tJlty RIIquiremenIs Below Is the • gOiy frcm the UriIcrm !luting Code I'ICXlI i 11181 dad 10 govem the rei .... , .. · .. althe residellce along WlIh all.-c:t ..... s wIIhi'I the code. It is the '-t l'iilbitboe aI c8I8goo" and app opiale fer pcjecled' uaes althe l:!uIdW1g. &IsIing GItl!lS ~ Feet aI House: fftl Roar: SecancI Rocr. Slib'I:lW: 2,566 .lJIZ 4,392 .Jl!XI (1ISIi.!III8d) 4,992 (not i1cIucIing garage) AIowatlIe bUIding _ fer Type V (N) is 8,000 ~ filet; !lui b v.-.,_ n . kce is wIt*\ that aT'CU'L APf " ..... Codas: 1988 UnlIOim ~ CadI c.a.tia SIBle HiaIDrIc BI*inQ CocIe . (J1IIII24, EIuIding SIal .. CIs Part 8) 1988 lA'IIDrm FIre CocIe PAMC t1\Ie 15 (Fire ~PiI'liCAliCliOi_''''',) n 17 (Hazardous .. ills) N .• leaS witt Dise'@.Ad (ADA) ~ ACCXIi cit 11110 the 1I11III UBC, • more 1hW1 tine per'IC!"m occupy the seoand ftoor, two IDdIs are requirad. The required cIsIa ... bel ... I .. an IW; !Iaor is 32 IMt As !his II nat F sM .. ID achiew "<IfIIt1cM • regMiY6 inpIICIlD the ~ 11M • .,' ". is aI the ,aaidei iC8, I II rca II i. tded to rvquest .. eM' ... " I' • I is P Ie to adiewt a di&?a ... al261Mt 9 .'. - --. - I4ddAllIeI ~ by any Of PIJIo AIID 1. n.t residence be NIy firHprinkialed 2. ThIll tnt tIoor jaisIs .., bnIIIIion pI8Ias be belled IX) the CUi c .. 18 tounc:Ia!icr. and Itlat \hs!'e be poIIItiW COl I 1eC" . '"<; 81 beam IX) post Ie ~. a 1haI CQI1"CIIeI& sIecIJbI &yIlIem be brcugtII ~ 'he requa_lis d the 19110 NEe, This wocJct requA 811 fuI>:1b illig wiring , _ !II iCIIS6d k1 c:ondUt. Mole: PIecing wtmg In canc1IIIs wi require 8 grW! ~ d ~ walls and hisIDrIc irishes. It is recommended Itlat aIIB~ be eo<pblld. The ~ HisIOric BuiIdiI\g Code allows (at the disc> etior. d the &i ,ICJI"Ci 'II agency) eoisting systems such as mciJ and tube ,.;mg when It is .., gaod CUiddc:l<'!. See SecIiIln 8-607 Elealiall. page &-27. "E>Osting sysIenS • ...mg 110litI1Ods and eIooaJicaI eqUpment wNcto do nell. k1 the opinion Of !tie III d .. do og 1!QIIi'CV. c:cnstiIuIe .. safs!y '-tI may remain .., \lIIe.. The City Of ~ is aIIcwMg exiSting 1926 ...mg ancI DUIIet lec&p' :. lei remain in use • !tie hisIcric Ainsley House III'Ijch IIWy !We 'lihelil8:iiQ. 10 ',.' . " .;, , ,-. ,'. ______ " I " ' IaICe " I'rcIIIIct ana' PI_N8 walls, pallelllll, floors, ceiings, dOOrS and vMdows and IhW tadwar9, bull"" fImtLnI, r.epIICas and lighting fbaIJres/swtltttplal&s., 1he fI*MiI'II roorTI£: Add no alladUI_ wtich wi '*"-psi n. d Dr pIasteo ad walls or fIf"'J a!hIr tIIaII.I'es WIII*'I1he !!IXMI /COInS, 2, 1n the KII!::han, ,... IIoor plan, If it is I. I r )' ID i1staI! MW kitchen c:abi_y, aeIecI II style thetis ~,*,18Iic wtIn 1he t':i!IIt¢. !:lui can I!I8!!iti be r-.1 _ "-w,' If the P8nIry next ID the back parch is ~ for lint ~ dc:Icwnent wtIh pI"IDII:lgi IlIA-the ~ fNIure wtich eIows cacI t I ... air ID .... 1he I*lIIY IIV'ough II _lid OI**'G for IIIOragIJ d P 48' _, anians, *' 3, SIrva It'll lle40b0n and Two CIoIeIB • n.. ~ can be IIIIIIred QJe to 1he '" ... 0/ _ ~ ~ The walllIIIidng ream and claM! trod IIDrage _ can be rwrTICMIC! r t Is IlII! Y lor In tIIIcienI ... 0/1he I'DCIII'L ,.. 8& fIIw docn, wiliIIOws and trWn 8& P sa.. If lint dOOrS _ I en lOwed, icIenIIIy trod_ 4, BIII:k perch-....... I" I has bien praoiausIy 8IIII!!'IId and • Is not an one al1he most ~18I' eIe.allurs, lIB. good C811C1id1M lor ..... Ie .. 4*1 enIIy, LanIry .. lind 8lflllldIt can be 16IlICIO'ICIlD allOw op.-lor • MW • pAe tDiI8l Saa ~ "*"*111: t illIcIIIy 1he .. roarwll I.-IID be I'IICIaIW 8& ~ _ abaIawed In iii .... This aoci&IIng IkYIItt wII I.-IID be 'dllClriid lor the teCCllday tIOdI: t'am 1he ~ It Is not CII'QnIII (not IfIDI!IIn an pIrrIS) , tILt _ mosIlIcIIIy added 1IIhIIn Slllirway _ p.a In wI'ich doIecf ~ • wRIOw ~ the irani pordl and back pcn:h, IS, .,.., trod do not .... -at! pordltrod WIISt pcn:h, 6, UpaIaR • .,.., .. door. wIroIlawS, fri&ha&, fiIoiunIs, ~ • an TlXIITII upsIaR, ., a ~ COIl'dar lor tIOdI:Ing Is needed upIhIirs, _ IIICiSIIng e- n 1rImI an 1he rww war. " \ I j i I 1 I I 7. II8IIin and UI8 existing plumbing Ibdures in Mas.er Ballo COl' i and seccnd bed!loalh .. 8. BIIUl iIIi 4 • This Is • UIiIiI8i ia" fi1'II8 and can be usad fer mechanical equipment. 9. Doc:Ia'& 0tIice Wrog l.IIIXi BIui 'i • We recommend 1his room es lIle best ICcaIiDn for 1DiIIII rccms on \he f.11I! 1Ioor, one handicapped .. ct'SibIe, The hisIIlric 0!1gina! slAt and eabinet will ~ docuil .. 1IIItian prior 10 illS rert'O\IIL PilCWgiep. ... \he sink and c:allin&t n place, Then carafuIy I'8mcM1, clean, end reinsIaII in Ih8 Opei BtiI tg Room cr dispI:3y as an extibit n main IMng area. DO NOT DESTROY THIS SINK AND CABINET, 10. Opeoatit ow Room. Dr, WIliams' office, and FIeoepIian Room • Use these rooms wiIhout mtering n IIocr plan or finishes. Restore skyfight in operating 1tIOOI1o ~ curent 00CIe&. Note: It may be _y!C rerTIO\II doors!C ~ leo Tilly ~, but II'liS is a lesser ~ 1tIan aIIemg doorhmes. ~Acc !b1/ly ". The Amalicalis wIIh [\is ...... Ad. (ADA) requiresful If,! s'billly IntD eny apa:e Ih8I might be IUd by .. :liM,*", person. but r .. llliiSonabie pcIIiCJn c:tal II fIIciIIIes and acc:co'M'lCdaliOilS ... an an _IbIe !Iocr, I appeeI$ an .. BIui 10 \he uconcI1Iocr is not needec1 it is _ idId en oIfice be IccaIIIIi on \he lirIt tiocr (SeNBrt'8 Racrn) and 8 pathway de>ek:lped hQJgh the kIIcIwn InII hallway !n!C .. \he main tCCmL 1his is ~ that no axhibIIB wtI be uptIIIIQ and the SI8II co tIet""OI room wouIcI be IOcaIBd on the list floor. Al:m 'b'e docIIways C3I be acIeIad by temaIIing doors (and in ICII1e CIIS8S door IUIIlSlto ~ 8 3l1' clear apa:e JnID aI first flOor main __ If It is Impai Iai. to close all II room wIIt1 • door, Ih8 door frame may need to widell8d .. few nctIIIS and ariginaj frame reinsIaIed. 12. Ills iCOi I., ... ided to locale the wti6elcla 'IC Ne 1DieI: mom on \he IdIchen pcn::n. ,.. remp wtI _ the IdIchen pon:Il1rt>m \he pe:mg lot WtiIe 1his is net 1he main ~, twa .... of lis c:cnverienI:e 1rt>m 1he per\<ng JaI, It wtI be '-'iy UII8d by ~ _ Hal .... *' 1 led perIdng spaces will be CIesigi iIIIIICIln 1he p8IIcing lot. ~ P10$p8C11Ve IIInan! can camuIIlliS accounIIng depllnment lor tID' blCfll/ltNes IMIiIIOIa lor f8'WN'/IpIfM axpendItures Incutred due III r::ompIying WJlh the AC.M. See A CJ!IIrtmIa Sne"tPG Mini InIrtrprrIMt MIwtr! 00 ",. AmI!r1c8!!s wtlI1 P'etitftim Nt pub/i$IIBd by IhfI c.tJfrJIm. CamcI1 Amri:an ImII/uIe at AIOII/IBt::;t3, psge 5. .. '~-. .. ,.' , 12 .. ~ , ., , 13. In !he __ t Is not I" is.,,, or desirable Ie limit lhe upstairs om opancy Ie rW'le perwons. t wi be ''''Cesse Y Ie deIItI!ap a second 1Ildtln:Jm the seccnd ftoor fer ... lIIIg&l1CY JlI.IPOSII$. The '6OUi.a,.QId metilcd ClBChiIMng a second IIldt Ihe ... Y distal I0Il 8:'Ie( from the present exi\ Is 10 conslnJCt a __ haIway ard door (CI!he raqUrad widttl) by ramoW1g 8 cIosa! i'I In upsIaIr.; bedt oem. ThIs hallway will IIldt C\IIIf the 1Ia! roof Ie a sIaI!Way en \he narth face 01 the 00c:I0r'1I Office MIg. See drawing. The stairway wi!I be as unabIrusiIIe as poss'ble. but will be T8COgI'liZed as new. 14. The 8lCisIing railings at bath sides CI the main stairway must be 8XIended Ie ~ requit II/1l8II1S of the 1988 USC. This aI!\ be dOne by ramcMng and INII8Chi III the I'IiIs Ie pIaSIered WIlls at a 42" height. The fnIe _ oding oak rail (particuIaI1y at the second !Ioor IeYeI) wtII naed an additional I'tfNI oak rail aIIached 10 IhII 8lCisIing 10 achiewt the required 42" height. BuJJdJng end FIre ~ 15. InsIaII • cal •• ecil1 fire Ipt i ""'" ~ Prier 10 nstaJla!!on, the 8i ... ti!ect ard lire spi ""'" ape .... ! wII wcxK 1Dg8!! .... Ie dIweq> 8 IMIhCd wtich least ~ hisIoric fabric. SubrriI methocf 10 City Ant Depa b.1iJ/It fer approval prier to begii. Ii 'II work. 16. If dispeclB8liou CIRlGl be IIJWIIIId fer raplaca"a' or the axisIIng iII&clIicaI sysIBm. SIudy ard d8\IeIcp a methocf fer I ePacetnent wtich least irr4>acIs IJiaIcric fabric. SU:1II'iI plan 10 OIly fer approval prier to begi I lit 'II work. 17. RIIIain • SIrucIInl BlIQil_ eICpBIiellC8d wi!h IIis1Dt ical tUIding CQdes 10 atIIIIya the bUIding tor seismic SISbIII!y. ~ wor1< Is Iewt '1tIlei dad wtI bec:ot ,Ie pat! or the wor1< plan. 18. '1he IIInIn! i"JSIaIs 8 rsw healing syIIIBm, all __ shafts are raquAd by code 10 be ClIIIHlCU consIruCIiDn. • is pi ......-cI1t1aI all 8lCisIing shafts be aIIOwIId 10 rwnaIn ..... , as I; would --,. iTrpIIc:t 1hB tE1Dric fabric 10 modiIy alb SI':IIfts. lbis dacisiaI. will be up 10 Ih8 cpClicn 01 \he BI ofcr ciI'II agency. 19. Bas I n I8fII SejatIllU' (Sec. 1703) requin1111t1aI ceing be ClIIIHlf:U lire I'IISISINB c:cnsII'UCIicn In! doors be sail c:IoIing. In order not 10 eIIect 1h8 I1isIDtIc door III3ding to \he base ,1eflI, 11 is iiiCOill,lIIi dad 10 InsIaI! draft prIIIi& db , CIeViCe5. NcIa: Ast-s!, .. healing duelS ware obsaYiId i'l1hB basement. It Is not wIItli1 1hB scape 01 our .....x. to IIiddi ass 1hi5 118m, but will be !he '1iSpCIIISibiIIt)I 01 !he CIty. 13 2). Shore buicing up fer aeismIc .,.,', tim and maintain as a storage building for g&JdeIliIlg equipment. rdBtIOr p&i IiIb I waIs can be I'IIITiOY'8d tor ~ storage space. The wall aiong ,... property line will net need 10 be a on. haI.r wall it use 01 buiIdi1g __ IS !he sarna. In!he -. buiding Is Alhabjljtzred tor a diIbi en! use, a an&-haI.r wall will be raquir1!d. Clean and r8I8in gas pumps. 21. It Is recommended Ihal!he ps1<ing be pIacad on !he nor1h (raar') side of !he resideflce and IhIi! 1he single aulD access aiwewIIy remain en ale MISt SiOe. TD malntail a hisIDric .....-allce on !he SiIe, nsI8II SIlIbiIizad CIacDmposeCI graniI8 (CaIIIomia gold) en driveway and parmg lot. Raquir1rTaU _: First and SeI:ond IlDor gross squara feat: 4,3&2 4,392 SF CIivfCIec! by 2Sl -18 car Ipace& 18 x 3SO SF per car -8,3CO SF or IlIqIired parIdng area. Rater 10 Sb I'WL 22. ConsIruct a rww driYeway and par1<ing area wfIh handiI .,. «l spacea. USe CIaComposeCI grwIIiI (CaIrcmia IJC*j CDtIr) 10 ~ a INIing DI an __ era. 23. ConsIruct a ClDIIChll8 ~"'cway and wheelchair ~ rollilgrllhXibecl) leading hID !he IdIchen pordI. MJItMJIIlII BuIldIng ArM 24. It Is netleoom ,iIIndIlCIlD IIdcI any edcIIia is 10 1I1e AIOidence as they WI)UId allier 1I1e cornpac;t CIeaig'I 0I1he hDuIa and WCIUkI mpac:t knpDItard __ Of 1I1e hiI1Dric garden. If cdi:ItiOi. squara feel me n 11_ I is rewn II" iCIed 10 ,.".,., hi~ gII1IQII by _!eli '" t 10 1he .. (while ,iIbIi.1Q lis rustic ~anc.). Ho._, I should be 11DIICI1hal811 alcIIIb III square teet me added II) file ,eSICIeO ICe, !he raquireCI ~ .. wi ~ alsO, unless .... lOllS tor pari<ing racpellilldS can be ~ 25. I II iecDlTlIi IIIIId11C1Ihat 1he parking ansa nat be rI1CMId Uther SOUIti 1I1an IIhOwn on 1I1e SIIe Plan, so 1iIet 1I1e herb garden .. or 1he".. lit\! nat CCI i!pi Qhised. 14 r F' as. 1111 lecchi.eldld 1IlIIt 8 dDIIIIecI CoIdIiuol ,"'111 ,.4 be COIllpleled of !he tr:ua ancI gInQe by an .d iIect ...... i&l1U6d wtIh lliltutal buildings !)liar to CiOnIIIrUcIian doc:u'r.-baO'1g pi ... ad. This WDI.ItI i1c:U» .d~ IINCIUnII, electsbll, mac:I .. ik:aI ancI roof il5f)llCliCl ill. A tennIIb • i51» liolt IS Il1o ........ ",.w::IId. ~. "-_ buiding IS listed an • CIty tbIEIric ~. lis ~ frDm llIIi! 2C .-gy I'IIqUAmbnIL HD_. lor. mare eIIIc:ient use of IIle buIcIng, lIS ,«D'.'''' dad to WlSIIIII inIUBIion i'lltle aIIic space and under IIle firsllIoor fIamg. 15 '. ' . • Is I81X1iJl_OId 1hIII!he Iessor rwneIn i'MlMId ., an &Speas Of the projeCt ~ I 'B *'" Of the • Li*>sd, IIUX:cnsUiIa'I! end general COl ,b ectDr, Ihe ,n'.' r II, 'MlIIc, end buidI'lg rfialtllBirilCe. It Is not rectJilomaoldadfor1he lessee to pn:ICeed wIIh .", Mltk en the prcjecI wttnout !he lesson _ and IIpp<O¥8l II Is 'ticonlne Old 1hat the __ be ....... Of !he Inportai ICe Of INs hisIDric I'66iClelICe trld aile to 1he 0Iy Of Palo MrJ and LlIders!ai id that .", WO!1< efteCIi ~ hiBIDrIc fabric Should be ... iCItii tskIIi, wiIh petSOI IS who ere expei iIIIlCed ., r.sa:n: iastca .... L It Is ' ..... 111. decl1he ad IiIact and hisjher uonsuII8nIs (struc:IIn1, ,,1&CtW .... snd eIIcIIiCdI engiI-.s, h lIP i ... IIP6I 7 [ " landscape Bi chi!ec:t and cost ...... ) be II.' , 11 ., !he ,ehabItIIIIic». Of hiItoric SIrUcILrtiS and /AllIS and are ........ ICed willi !he ...... ct , 'I/6S 1hIII nut be edd: w d ThIIIWe ..... illdw """ . IItaIAcf WL1I1t wilt !he • cJ iII8Ct to dea9I a BYS*n which ItIasI i'npacIs r-.c fCInc. Ills ' ....... I.decI .. 1INCIInl "'91-be ....... 1tii1Ced wilt .. ~ $.a lirt.oIiC BuIding Code and aIher 'GltiiiCdl c:ades end IA'deiSbii id .. value Of 'GltiiiCdl u_1II prior to ~ UU1a1llNtU1ll analysis. The GenenII ConOIICJUI II is _ •• 1. decl1hIII a 88Itii::t runber be IrNIt8d to bitt the retliltOlil8liUl i wen. II. I iCU Ii i elded that 1h6 IesSrX .-1d .d IIeCt held • mar IdatUI y pr&-bid CUI' ... ce • .. Jab .. to reviriJw' the CiO::utWIS ...s CisaJss 1h8 i at.' 41 ,. L GertrnI . CXli III iiCIbI& not _ Ii< IQ 1t1is CXli \fa 64 iCe WIUI not be 8Iowtid to bic!. I'ro/tId RrI1iIfwI It ill ........ 1. Old !he prcjIIct .d *'<:t, prior to stwtir:g lisjher ..w:es, ...-.. prujeCI willi h 0Iy 01 Palo MrJ BUIding, PIa ,Ii ill end Ale deparImen!S. Ills ...... , ,I. dIId 1hat this prujIICl be lWllie.oed by" CIty's ArchiIac:IuraI Review SCIIW'd and His1Drfc RIIsoIA'CI!S Boan1 16 L hIrodudion GIrQena 8Cql.ir& h!sIDrIc sIgi iic&t .... 1trDugI' !ime for diwrse i 0=01 IS. PIao!os tUIad " ;rut -cr Pi 01,. oent ~ iIQIIS ca'.i iOI ill' IlIkII on cUb.ftlfhis1Di iaJj ImporIa 108. 'The garden at the WIIai, is tamIy In PlIO ~ is &igi i!lIcai 4 for twg _: ftrat, bFe ee lis. ~ for the hIiIIcric buicIng des9 oed by !he noI8d , Bay AI88 aCl'4llitt, en-~ and .aIId)', although ~ In c:h8raCI8I, I _ COI1IINCIIId by the \'<1111, lilli, 8 pUI'."""" AIIotamly and iONilClins ~ InIaCt as 8 'lIP' _ daIiYe _,.,. at .-ocI'iIoI ~ design ICIrm in the ear1y perf at .. CIIfiII.I'y. In adcIIIui .. IhIIre is 8 cxxlliSt ICy at liiBbidlls boIh in plantings and COI'iS1NCI&d Mira dB Whicfl CI'8IIIII!I8 • _ at InIagriIy and tarm no:Jt <Xli ... oily apparart In this ~ at garden. A few at the man .... iii ogs '-I-=tIIIC! Iiz!IS no:Jt Ndy lcund In men -Iia del is and some p/IroI spec:imeo iii .. samewItIII: UfWJIIIJIII r.1nat they _ neil hquanIIy used in CIIIIIDmia "'" del is lDday, It II atMous IIl8t in 1he past fww yBe'S, the CIrD.JgI'tt caldilia is _ begIno taM a 101 on the gwdIn. 'The dead recIwoocIne In the fronl yard it an idk:idui at recent negIact end hInII cadllol.. SIeps need " be I8Ic8n ~ r .. QIWOin Is going " be...s. AnaIIa 'fW' cr two at udlidcad gruwIII, w.ds and lICk at summer _ may duIrDy much mara Of the garden's CI ...... and be _ costly to rapI8ca. At the _tirIw p.tlIc uae at the ho.I8a and garden ... raquirB ~ and .-haps 1IICICIIicaIbns" QIWOin ___ • Is the purpoIII at 1his rwpcxt to I'8View Ihe sigo illC8l eIen ...... at the ijiiiden and IlI'8I*8 acme baIIc \llAdeIii b$ tor Is fubn uae and i illii ..... &108. 18 . ' .' • -"'. "" '" ,-.:,;, . - D. App't*:h In !he po ~ 01 de'> I' ,"IA guIdeines fat !he ~ of 1he hfsIcric ctI8I actec 01 lI* gIRIen, .-al kIIy cr\IIIfia haw ~ UMd II) evaIueIe and PfO\IIde !he baSis far )xIgei16.... One 0 Is \lie " aIIIi ill or feaIure ruaa. In good ca d!b, or does I haw _1IP8ciII1iiIIDIic ", ••• 1Ioe? Two 0 Is 1he IIIerI*'it essantiallC the overall B :sthetic or visual d "" actBr 01 the QII'den? 'P>nIe 0 ... IhIn actions ar iT1provements wtic:h naed ID be Uiii:llli1Bket 1 whk:h 'MlUIcI CCI1I1IbUe II) the !eng tarm sunrivaI or P I NIIIiui I althe garden? lhIlaIcwing i'Na*" y 01 garden ~. than, has ~ tIII8iuaIIId wiIf1 '­ QUIIIIIOne I'l nfti A.'Ir1r the invenID!y •• __ 01 ~ guideIir«! and _,1,6 daIIui IS fDIow. It SI1auId be IICI8d thai: 1tIs SIuCIy by no ~ PJi1)Ci1s II) be II 1A,"' .... aioe stneI 01l1li sig"lit ... hisIDric gerd8n ... "" .... The n4iIUre aI tMW jjlUWii CCJI dtico IS &'Id!he need 10 de fu1her , ! 5 ! I 0'1 no fa:nIy and ICcaI i8CCiI'ds nee 7 1hat 1tIs repcn be SOIT-.s general ancI hypcI!oeticaI i'1 scme allis d __ izaIb IS. At.lI*!MIting. idOl" ... , ancI sources are SIll! bee"Ig pursued and U1har daIIIiI& ccUcI be discOv8rBd. Some 6i1C1i • .,tiOh and gIWdiIn cIeSH4l ccUd ~ ao:ldli"II. gIS'den _,611&. Pa a" iaI .., annuai plants wa'8 ~ bellilll" og II) &prOIJ: cIimg \lie COUI1Ie d!he uwy. ~ CJMIyS InJale spMQ and ..,.,.. CCUd IurIhar .. , il • I,!he pIroIlisIk1ga and ILm up IT&l)' old 9IyII pIa'1I II $ ... ..,.' 0,. bUb and root plaia My iii'. E WOIk in !he ganlen ShcuId only be 111'_11516 i with .. CCJlIIiCIIIi ... i in nfti It 8hcU:I be nuIad thai ,. aas 10 b:aIiai 15 will'*! 1tIs report such as IWb gIrda'i, 1IoMIr jjIII'dIn, ~ __ .., ponds .. \IIose allhe 8IlIhtr and do ncc, II 1tIs paint, '-any CUi iec:lb 15 to NsIDi .... dtisIgi ... is by the iariy. The _'" "" '1i'1II plan Is ., akIiIch far raIamI1 only .., IS net i iIIIi idIICIlC be UIIBd 85 II ~ drwiog ncr III t na: r -s,. CIA, ... i'111s punrayaI 01 aI garden fIlatureS. 19 --, " ... • "--... , ... -~ The foIIcMfng irMInIrlry and w ssn:enlS In! tivided i1Il) two broad ........ ill&. First are !he pWds and sec:oo d)' !he gan:Ien consIruc:tions, Whent cirCI!Id numbers CIt IeIIrIrs 1IPPII8I", 1tle)' COITIISpCInd ID 1hD pm wtich fallows. I'fenIs BIdw!.ld tmm;(l} 'The ~ 01 tine _ ~ 1he HE comer 01 the Iror1t gan:Ien, Dest ID the sII'eIII .. ~ reIati>9lr good CCI tdiIioI L Thai' IIizII is w __ « with Ila\IiI"G ~ pIanII!d 75-«1E ago. The two 0Iher redwoods _1he drIIo9itll)' ... net tiIg we!. One ~$ID be dead and shcuid be rwnoved. The other IIhow& sign 01 __ and be ~ peliodic8Iy duing!he summer. ThIn is • smaller ~ @app uc.~ 6" -8" ciameIer (near !he walj'IOunI!Ii1) bIoddi IQ a partian 0I1haI...... This appears ID be a root aprota and IIhCt.«I pocb8bly be raTICMid before It elM. i&g8S !he paving, .MlaIIII ® -Thera are __ maI1InI my!1Ie pIan!s ~ !he ganlen. 1h8y II ~ ID be ___ 01 True MynIe (Myrtus conm.ris) and !he most mpo ta d specimen Is !he 12'-15' email na ~!he pon:h,/loggiII ~ 1he front gan:Ien. The hlllC ~ d1he 1r\ft( c18 .... and 1he IJ8e term II mast ~ and povides • po LA ••• , gan:Ien locus.. AlIIIIDrIs shcuid be III iCIertakeI , ID insura ilia: 1Iis spec:iI • .., Is nlli_1IICI and po I t oed ~ • hNIIhy COl idiIioi L .!IId@-ThIn are two IWge, 8pIICiI ••• English Yaws rr--bIiocC*a). Thai' mportalb6 '*'-....... -0I1heIr liD and age. One is bcata:I .., 1he Iror1t IIcIw8r gan:Ien ... 1he chr '-1he wista'ia 1WtIor. naa are rarely pIai'CecI ~ CaIIfUi.ia gadtR is IDday and 1tle)' stnAd be pi. ...... 1h8y app.-1O be ~ good heaIIh. O!ht!r I!!!I!S @-<i>-'The chr _ and stnJbs ~ 1he garden are fai<fy WIft.IQI. IIDdllCaJ;_ pIanIs. Thai' sigI illltaa ............... 0I11eir maiUrfIy and ....... -01 1he CMnI chai .... 1h8y pIOIIida 10 !he gadIn The tine IIUC8IypIuS .,.. ~ !he back .. 01 L1' hilled apaciII& fptiItoaps CUiIiIlO .. ), bI.C IWw ~ poor1)' pruned. Two app8II' to be on 1he _ poper!y ins and ~ sa • ell Ii 1\1 01 • maio d8i .. I0Il plXJieo.11or 1he iidjBcerI ~ ll1ay prtMde eIIacIi\/B sa ..... 1i iQ, hoo_, and IhouId be ........ ad lit is ,',' mil8d 1haI-.I is ~ f'! ,,-N1l trdp@. The stI'Wl flo 118ge, SW P opei1y ~ 8ld ctr..way ." IInad willi a oantinucus pao iii 1\1 01 PfaDsporum eug8lCJides. This ha bem\ "iii IlIIii eel 8$ • 8"06' hedge and fDnnII ., eIIacIi\/B sc:raen/encIo!U1I. It CiUIB$ • --gatIen IeIIing lor the fItrt dhl 1ICuIe. Ai.t1ougti net III coomon and aasIy • epI&cad by Ike Ij)IIO ias, 1heae ,.. n ., mpo bill ganIen ~ rru:h as an adil&c:l1nl " '.' eIImIIr'L Same ~ abng !he driwway /gerdton slde 10 Qoer the heigh! trOght be ea.. ,...,...,.. ll'i& woIAd provide bIIIIIIr YisuaI acoass fer !he house and enIry 8!'IIIIS. AddII'u" pilllIllIg& could be dcnII aIcng !he NE pI'Op8I1y line 10 e>q::snd !he ~ tIIIect from Ihe ........ b!JIdIngs. S7'!be hpte M § nIBnts end 1Igwor gWan .. There In numerous other 1towa b '" sma. pel" llials .m IIIYUIIS scali&! ed 1IYOughout the garden. Some species may be InJIIUIII ~.ieti&s such as Ihe dogwcod or Ihe many n. Fur1her study Is certainly 'JOt1I1II p.I'III.ing. No douIll, sped.., .... spmg and runmer !lower displays woIAd be appanIIl wIIh bella' IT .. _181108. Care ShClUId be 1aken Ie _ these by D ....... dill", r any s.'IB construcIing n this _ is CIWTied out. A more precise IrMnI!ory shOuld be Lnder18k8n to be sure 1ha! any rare or unusual varieties '-not been tNeIIooked. Hf!!t!!Wdon • Only. few retI"IIIWl!, hardy, CIrougI1HcIeran herb plants '-anIYed In the ... 10 the ,... 01 the housIl. n.e i'IdicaIe ItIis this area was p!~ !lied as an herb gerdton ... Ihe past. ll!is _ COUld easIy be ' ..... !Ied n • __ formal manner and COUld be !lied as an _' ..... of a klIChIIn and medici .. ~ COIISisI&! It wIh the periocI 01 the house. The rear 01 the house ... ...-, •• lOCI-. • ~ fer haI'l! 8j ipIQ' .. ( tav to Ihe buiding. This shOuld be cIesigr i!id rn, In ~ wIIh B ._ad herb garden. FrvI and 1iIi 1" .. +t!Rdln • A few .... W smaI !nJit __ still SIJNioe 10 Ihe _ rICIi!h CICIi'iW 0I1he property. at. than a-, Ihe only ClIMous i 1dic:aIiuI. 01 .... gIWden _1hIIlIUlnII tIcrcIei$ fer the paIhs and the pining beds. Ft.rIher ~ and In\ latill Ii· , 0I1his __ neacIs 10 be dane beIoia any ~ .. nw». Sal w' H.!fte eli -. pwtirp ® .. ThIa ~s ., two a'8aS d Ihe ~ .... frDnI enIry pan::h and II8pIi rlSllle 1hII '*"""iIIJ1, end In lne wa/IIr:rtI!ly and 1*10 Ki'CIS 1hII frDnI of the ~ lher8 may be DIIw __ 0I1his paving In CMilijlown Po--.aQC'6 0I1he gardan. IlI1JOks In gel" Illy good COl o:fdioI L Some "ueJo og IRI ~ III r.adad. NaIr the frDnI perth. the pavirV Is raIh!Ir Jew n !'IIIaIIon Ie the IIImUIdIng ... w.. ponds In Ihis _ and...-drai age work neacIs Ie be dane. Sa '., •• waI !lid ganf!!n ,.. ®. ll'i& IrChed wall 0/1 the CICIi'iW of the hOuSe pnMcIas • WOi QIrU • .,.Ie» 10 Ihe frcnI garden from 1hII dri!IewIIy. The moe ... ad SIIaM BPPe6 10 be In good c:a o:fdioI .. I!IIhcI.VI .II WE P ababIy consIruCIBd wiIIlOUI • iii IIUi "'" IIIWIl. The WIlCI!IIn gala bel .-ds Ie be con, '1'I'y nJCOI1SIIUCSIIC sweMs-. WIll, •• , .... mel b,.,., © -ll"is ~.4ay ~.the ~e comer ot 111& house is &imI&r i1 CCInSIrUCIiDn Ie lne 8I1Iiy 0/1 the criwftillJ1. It. IDO, .-ns In good ccx dIIan eapt 1NIt It!e 8IIaCI oed grape IJI'tlor Is 1aIIing apart and 21 • • . , . --"' ..... _-- ,... I'IICIOIIIIIrUC The grape me pI'! a I 11S. fine ~ SiIhoueb againsI1he S8I idsItA 18 and SOITlII a1IuI pnnng could make !his • apec:iaI garden Iea!'in. The fcuIIMl does not appeer 10 hawe been usee' In • very !eng lime. lis I8ITa COIla ian's head is 8IOdec! bayI:Ind repair. WIII1 c:arefuj 8!I8I1tiOi. 10 dasO:>r'I and deUIiI, Ihis lI/ell1l1n! could be bBlIsfol,,1ed nto an IlItrIIC:tiw focal point. WiIh a sensitive appnlBd11t could be IlSUIied err sIighIIy mc:Id!Iied ~ bIIc:uo Ie a WIP I8tioo I __ and ..... ~. s. _ "It '" bI! "'" 11'11 pgnds @ .. lHs iI nor _ aaractive as some of the ather 8lOri8 garden eiIIm8,,15. It is Ioc:aI8d In or 11M' !WI _ said 10 halIe bean a pond. The tirtIlaIh ShoUld be 1'110 • 110. _ pi "'Ii oenI _ at !he gan)ln. AnoIher small, t:in::ular water garden/panel appUIS to hIM been lOCated k'l1he ftowe<' garden ar-. Thent are still 8ClI'Il8 good SjlIICii ... 1S at.Mpei aBe Iris ilI'OWinII thenI. So idslli!" t.grdeTs ® -The most 181 loa1kIlbie eIemenI n !he en!ire garden Is !he 8lOri8 bordIir$. They are II\'IfywtlIIre and add a rulSis1l!i ICy !IIld $1rt/CIUre 10 t!IiI garden not ioilliedialely Ijlpdilliil or 8IlP'BCi8Ied. Many plat iii OW bee>:: _ iImCls! tII'IInIIy OYIIi\llbWll, but In. few oornn or ~!he &tDcillWtltlt sill! persisIs. An -.we clean-up at !he bCrders and pe\tos ~ I'IIVIIiIIlhe ~ IBi iCe at INs __ ... II,.." poi tD IS at lhe garden we nocIesigI led or disIuItled, 1118 SIDnIII. __ shCIuICI be lIVed. s'" kpi/IId and reuseclto pnMde borders for MW -. Nola: 1he SIDnII 11_ iaI is a 58i idsItA. VIIf)' ........... ae .... ~ 1hIiiI UII8CI anlhe Sta lflii d C8!!pUI. AlI1IK!IIe 1806 ~, \II iIcnown IIT1CUIII at sa odoIDi. pIec.s __ Jill liUWid from debris at dan_gael buIII:Iings. 9ru::e \Iftggins d. SIal iIOid UnMrsIIy GraI.nds " ....... 106 CUpoialiuol YIrd (\211 ph .... ~ 19921 SIlIIecI!hat 1hIn is II I!trOng ~ ..... -IJ !hat .. ocIa1aefrom lhe ~ could "­ I!IIId& It way to IhII WIIIIIms I esideo .... /1& I ,. been Icond In CIhar __ ell campus. Wtilm!& artJgr ® -Crossing and divkfilg IhII gil CI&i IS 10 the north at !he hOuse Is a fiIiiIIy Iarga (10' k «I' -+) artIClI'. AIItIclIqlIlknplllIn cansINdIon wtIIlcU a d ~ de1ai11Ilis Is a major spatisI eIemenIln IhII ~ Ills In liilllilWj good SI!\JI::IUnII COl idIIioI , and cenainIy ShoUld bel'" eel i11he gwcIen. 'The wIstiIria was JIll 10 bud out CUing !hiS iIIUCIy, bUt It ITIOiIt telalii Ii)' II1UII ~ a 4+ '9' .. display at IIow8r and caD' when II is In U bloom. A ganIlIn ...... d !hiS kind W.I billS parIicUar .... dian as a majar dIIsIgn eIemIIr(. prjyawI!f II!!! !MI!' pwIsing .. @ -".. goaweI_ we eI80 In leIaII~ good COl idIIkII L In the ~ at 1he ,.. p&IIdng _ Is b tuIICIW8 COliC> BIB slab Which ~ 10 r-been a dry Mllsunp tor Gainbgll. It no ICInger fmc:1ions PftIPII'lY and bllcomes a pond during.... A "t" ~ 5 $ siIa ,hillOWII system ShoUld be CleF> I/oped • is said a gnoIilOOuse was Ic:IcIIIIId 11M' the .. II' aparty h at one lime. 22 _____ , "",",,' ...... ' __ ' h; •• • 1. Marly poi Iiuo s and 8I1IIIS at the ga:tten _ 0+6i go own and negIec:I8cI IJo Ider1IIke e 1horcugh ~ SId SU'W\' at the .. 10 dcxumenI what S1iII tIICisIa. Ttis should ~ e deIIIIed IIiIB ~ lind topogc IllAIic SUTWy SId an eccuaIII IOceIion SId idoIIllIIicaIb , at 86 ITWlY QIWden f8cBes as Is p .. Sl Ie In acII:IiIia, .-III piIrII fflei ........ 1-.110 be dane from spm; 1tw"Ou;h lIUTW1W 10 dDam8nI what pel" olill nllml.el pIanIs have survMId SId 10 UIIler evaIuaI8 \Ile hMIIIti at \Ile IIrgIr trees SId II\Ws. 2. Anf mcdIficIoIloIs 10 the ga:tten for adcltio".1 building. ~ parking or 0UIdD0r .cIMIy __ shooJd orI>j be dane w11111he ~ at 8 leo odscaceo • d ........... ietiOOd In end ... ositi .. 10 I iII1u iCaI aspectS at he kind at ganIIn. Anf removal at pins or feaIur8s should be 1I1Oi"OugIliy cIocumenI8cI SId ptooICgi 1IJAled. Aacons!rucIions or MW faaIures auch as fIn:es SId ~ should be In keeping will \Ile d &&d!K at the IIIIiSting .d IiIIicIuraI ..... 'ifIollS. Coo, .... pIIrs and diawlngs should be PiII*ed prior 1D IW1Y ccnIr\ICIiOn SId ....... Uri5d by ... idacape • dillett. a Prwpaoe 8 aile Ii ai oage pIIIn will 'ecorn' ill iC!aIioJ is for ~ some at ItIe prablem areas.. I ShoUd i'ICiuI:Ie .. JO astAe it I." Nt d 8 sub!uface .,..., In porIiOI. at \Ile aile. 4. Dasi!11 end Instal an ~ .,..,..., ~ In the ~ 1ljs wot*I Mwa 10 be carafuIy dIi8IgJ i8CI and consINC\IICI 80 8610 _ the iIIast anIiU1t at disbriJInce. 1t·1s!he my way 10 i .... ooe '/he iCOiibll1lCf. tMyat n IIIi IIaI .. , 'II suetl • large aile. So tid .... a: !tM+ Ie, !t1iT' PI 61* atiur IS 3hoUd be UI dIi taka I Ie begin some ki1d of II 18k d&i .D as iIOOiI 86 pc ....... , AnaIhIIr IIIIMliII" wtIhoI.t _ SId will Ii dllClcaid ... IJtM\II could be de4 ., og 10 hS gwdIn. Lq!p Term ~ assumes lespatosbay for the houIe should h:UIII acItIQt.aa prowlsiol, at fu1ds for gsdIn nlllid&i .... \ , , ~ i , i I I VI (W FROM STREET ~YRTlE TREE FRONT GARDEN FRONT GMDEN ENTRAN CE ~,T OR 1 VEWAY • \ r---"'--. , BIROBATH REAR GARAGE ANO EUCAlYPTUS L ARCHED STONE WALL ,'rrH GRAPE ARBOR WISTERIA ARBOR ·r.'- .-~ • , • li 1 ! J • I I I ! I ~ i~ ~: , .' . . .. . ~',' "0 .: II il til u B[ 111118 I ~.= ~ ~~rag! I I' .0 ~ .1 "c; II ...J" . • ri--r f I U-I' . i I . . • ...1,l'jj' " I II I .. IS ~' II s: • . f~ 001.1-: f ""..... ~ i ~~--...-.:::=if . -:" i I ~~ ii ~ I I I ! ~Wl= I "' , " , >,< 0" --- or:' " . " ." 0': II c~t fhtl ~m\l~~ t l t j i I 1 ..:.' .. ." ,,' ~ ~", -. ~:'{';":c > I I • j i I I i j e (Til 111-[(" .. \ 1"1 Oi .\1 Till" I /( II \ 0·' .Jj are accuratt' and cC'mpiele reprOUlJCI.ron'S of , as d,.::livcrl'J 10 the undersigned accomplished In a manner, anc on Illk-rofi:m whic.h meels the rcquircmenls of the AllIer'lean National Standards institute. (ANSI) and the Association for Information and Image Management (AiM) Dale produ(',ed: _W _________ j~J __ l _____ 20 f!? Hy', _~l!Z{t_~t~.;..91t,(q..L_ ______ .~ Month Day Place S u [l!lE;cie,~_(iL ____ 14Q~~_ City State Zip , 7ff.i;"'""'" , . ,-". . '<'~'c£' .. ';,. . --.-." .,.' .. . : ' . /' . IMAGE EVALUATION TEST TARGET {MT.3} 111111£L 118_ 1'·25 ~ .L~ ~------"---------l50mm -------- 6" AI'PLIED /lUGE 1655 E. /'tUN ~T f'lOCfESTER. NY 1460S T'EL (71614Se-03OQ F,:v( (716) 289-5989