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HomeMy WebLinkAbout0314.094, I \ 6 July 7, 1994 TH2 HONORABLE Clt'Y COUNCIL Palo Alto, california Membern Of the Ccuncil: This report recon~end~ that Council approve and authori~e the Mayor to sign the attached Ar:~ndr.cnts Numoors 2 and 3 to the air rights leAse for 16vel0 six .. md seven of parking at the Wabster"'Cowper pat'king qt"ll'aqe. 'The second amcndr::-2nt proposes that the tenant (premi(Jt" Properties) reSU!'ge rEtsponsibility foY.'-obtaining insural'lcc., required by th& ter~D of tho original lease; and that the city Mann.ger and city Att9'rney bo: qlvon -authority to approve alternative torns and amounts of security for qaraqe n~intena"cc. The thir.d amGodlllent incr(}aso:& tho lIctual lease ~t'eft ",t}d .,rea to be maintained by the tenant. by 214 square feet. The third amendment reflects the changes Ul.ftde to the covpo~~ Streat cntt'ancc as a condition to d&velop tho 531 cowper Project (seo .cco~p.nyin9 CKR:305:94). B'9};grQ:Yn~ On A.u9ust 13, \990 (CHHt4.66H)} j Council authorized the City to onter into an option to l~aso and a lS~yoar lease of air rights above the Webster~Co~por Carage. On January JO, 1991, the lease was assigned to Prot:liol" PI:oporties. On Soptember 9, 1990 (CKRt5991Q) ~ council 3F.11icnded tho lease (Arnondment Number 1) to allow the t.en ... nt to reinbut'se the City tor funds necessary to purchase insut.'!.nco reql.llrQd by the torms of the lease. AVlendment Number 2 requireG premier Properties to obtain the necessary insurance requir~d under the terms of the original 15- year lease. Under those ter.r.ls, tho tenant was responsible for obthining the insurance. ~.i'he l~asc was amended to require the city CHR:314:94 .. : o o to obtain the insurance, subject to reimbur8e~ent by the tenant. The am.endment was initiat.ed at the request or Digital Equip~ont 'Corporation, in an effort to furthor insl,late Digital h'o_ liability risks feared by th.eir logal counsel. "ftor-tho -!ll'llondtumt was signed, it was discovered that the city v~s unAble to obtaIn the required insur~ncc~ Subsequently, tho tenant obtained the insurance, and this portion ot Amendment NURli:Xfr 2 retlects that changa . . ~he ascond chan9~ incorporated in ADond~ont Nu~ber' 2 r&late& to a request by the tenant to have tho City return tho $30,000 maintenance deposit, due to subst.t\ntlally hi9her ... th~n~e)(pected ongoing, maintenance coats. Tho ll!ain~enarice dep...'Isit was A tOrle of security to ensure the performance of the tenant's baintenanC9 an'J repair obligations., Under the terros or the original loaso J tho $30,000 deposit was to he released at the &xph'ation or early termination of the lease, including accrued intorest-, less any aU"S needed to cure defaults. Staft supports a~end ing tho lease to allow the sUbstitution or reduction of the $)0',000 security in ordel~ to allow more flexibility ill deQlinq wIth other i~pro ... e):umt issues for the garage. 'rhe proposed lellse ","ould require c,tty Manager and city Attorne}' approval for any s\Jbstltution or reduction of security. lUnendment tlu111ber 3 would increase tho leaso area and the "'rea to bo maintained by the tenant to reflect tho remodel ol the CO'lrlpor street entrance as part of tho 531 cowper Street projcct~ The entire project is doscrib~d in accornpanyinq CKRl305:94. A~ondnant Number 3 increases the lease area by 214 squ~ro fQot, t¢ roflect the dedication of a 2-foct~wlde strip of land on tho south ai~o ot the Cowper entrance of the Webster Cowpor G1'Ir8ge. 'llie .e,t'"C:!8 is beinq dedicated to the City by the devoloper or the 531 Cowper colilli1arcial and office project. The aroendmellt· also increasos tho maintenance responsibilities of the tenant to coyer newly Installed landscaping on the north side of the cO""Per Stroot garago antrance, also a part of the 531 Cowper project. Enyironmaotal Assessment Tile proposed lease amendmonts do not constitute a proj-act undor tho California Environmental QUAlity Act (C['QA), and no environF.lental . impact assessment is necessary. 'I'he driveway and landscaping improvements were approved in 1991 ~s a part of the 5.31 Cowper Planned community zone change. A negative: declaration for tho project was prepared and approved by Council on Septe~bor )~ 1991. Recommendations staff recommends that the City council: Authorize the Mayor to sign A'rnendments Humber 2 and :} to the lease. for the air rights at the Webster-Cowper Garago; and CMR,314 ,94 2 f. Authorize City Manager. and City Attorney to approve alternative forms and ~mQunts of security. RespactfuUy sUbmitted, , // . : ,j / "{'~(/{(lfi:"/':' r (,f' WILLIAM W. FELLMAlI Real Property Managf!r '--~).~ G~~~Jlntan)c~ '* FLEMING CJt y Manager Attachments: Amendments ll,=>. 2 811d No. 3 to the lease co: Jim Baer, Premier Properties Related Staff Reports: CMR:314: 94 CMR:466:0 CMR:589:0 CMR:305:94 J ',', ,'.' AMlruDlIENT IroMBBR 2 '1'0 LEASB BB'l'llBBN eI'I'Y 01' PALO AL'I'O l\HD PREMIER PARKING KANAGEMEN'I' CORPORA'I'ION ·,n. This Amendment No. 2 to Lease is made and entered into this day of , 1994 by and hetween the City of Palo Alto,aC~lifornla municipal corporation (IilLaridlord"l and Pre,mler Parking Management Cot-poration, a California corporation (-Tenant III) • BECITALS 1. On Octoher 11, 1990, Landlord and 505 Hamilton Avenue Partne~s~ a California limited partnership (~Former Tenant") entered into an Option AgreemenL whereby Landlord granted to Former Tenant an exclusive option to construct and lease two additional levels (levels six and seven) of a parking garage '-Premises") in the air rights above the fivc·level parking gal"age '·PCirking Garage!lt} situated on real property {"Propertyn), both owned by Landlord. 2. On January Tenant's assignment of to Tenant .. 30, 1991, Landlord consented to Former its rights and obligations under the Lease 3. On April 24, 1991 1 Landlord and Former Tenant entered into a document entitled -Amendment No. 1 to Webster/Cowper Air. Rights L--ease~!II whereby the original insuxance provisions of parag~aph 11 of the Lease bet.ween Landlord and Pormar Tenant were amended t9 ~ccomnodate the desires of the occupant of the Premises, Digital p.quipment Corporation. Under the terms of that amendment, Landlord was to obtain the :requisite insurance and bill Tenant for the aamej such modification of the Lease was made under a mutual mistake of fact, because the parties subsequently determ~ned that Landlord did not possess an insurable interest and could not obtain the l:equisite insurance. 4. In recognition of this mutual mistake of factI I~ndlord and Tenant wish to, and Tenant hereby agrees tOI rescind the provisions ot Paragraph 11 set forth in Amendment No. 1 to the Webster/Cowper Air Rights LeafJe and j thereby, restate the insurance provisions of the Lease. whereby Teriant is made respoJlsihle for insuring aga.inst automobi.le, genet"a! and garagekeeper's legal liability and for providing fire and'extended coverage on all real and personal prope~ty of Landlord under the Lease. In consideration of the following covenants, terms and conditions, the parties agree: 1 ;,.:' '.t" ~.f~;;;, '. ""', l i i I r,· . o o SECTION 1, ~Amendment No.1 (0 Webster/Cowper Air Rights Le&G~,· is hereby reBcinded in ito entirety, and the provisions of Pal'agraph 11 of the Lease are restated below: 11.1 ~_~_d..co.Y..fU:'.l\~. Tenant shall maint-ain insura.nce acceptable, to Landlord in full force and effect throughout the tem of the LeaBo. Subject to adjustment as provided under Paragr.aph 11.3, the policy or policies of insurance !Mlntaln~d hy Tenant shall provide the following 1 imits and cov~rllge; (11 WORXBRS' COMPl<NSIITION (2) ~V.PRRH8NSIV8 IIVTO/.,OiH La M/IlH ~ I IT , Included Olined, ~ll'ed, and Non'QYned Auto­ "'ebB •• (3) C.OHPR&HENSIVR GRN8RAL LIABlIJI'l'Y ~ including .Products and Corrpleted Operations. Broad Fonn Contractual and Personal Injury (4) FJRB" EXTIlNDBD COVERAGB (5) OIlRAGRKBBPBR'S LEGAL 1,IABILITY COVERAGB, insuring vehicles in Tenant's possession lillU.MllM LIMITS OF LIABILITY Statutory Combined Single r .. imit Combined Single Limit $3,000,000 $3,000,000 Not les8 than 100% of the replacement cost of all insura­ ble improvements comprising the: Parking Garage and the Premises. Such poliCies must include water damage and debris cleanup pro­ visions. Additional fire and extended coverage must be obtained in accordance with this clause, upon completion of con-, struction or inetallation of any major insurable improvement. $1,000,000 The comprohensive general liability policy described above ehall apply exclusively to the Premises and the Parking Garage, but not to additional property owned by Tenant. Insurance ahall be in full force and effect commencing on the first day of the term of this Lease. Bach insurance 904C6l1 t.Je OOSI tn 2 i i I .:, I I "'-'.' ',',. ",' .. t' policy required by this L<!aa. shall contaln the following clauses! 1. ~Thi9 iosuranca shall not be cancolled, limited in scope of coverage or nonnme",·cd until afte)," thirty (30) daye written notice has been given to tlle: City of ralo Alta/Real EBtate Divi8ion P. O. Box 10250 Palo Alto, CA 9430)' 2. <All righte of sullrog.tion a'" hereby .... ived agahlst the city of ralo Alto and the members of the City Council and elective or appointive officers ~nd eroploye'Os, ~hell acting 'Wit-hin the scope o( their: ev;ployment or appoir,trr-.ent.· ) . ·The City or Palo Alto 1s i'l~ded <\9 an additional iI19u~'ed llS rcopect8 opE'rilti,ons of the Ilamed i.loured at or from the P,e~iBe9 leased f roo, the City of Palo I!. 1 to.' ". -The City of palo Alto is {J;d~led .\6 a loss payee in respects of its interest in the real and personal propexty compr18in9 toe Pat"king Garage and tho Pl."emiues itl9Ul.-ed by Tonant." 5. lIt 1s agreed that {loy insurance ffi,.'lintaiued by the City of Palo Alto will apply in exeo.s 01, and not contribute 'Witil, in.surance provided by thiS polic}', • 11. 2 ~.tlllQul!k9 Coyerage.. During constructioil of the premised, Tenant ahall' ruintain an eat'th.quake insurance policy, insuriug the Premises in ,tom _ reasonably acc.~ptable' to Landlord. I!:ollowing construction of tho Premisea, Tenant ahall maintain an earthquake insurance policy insuring the Premises and the Parking Garage in form ~eaHonably acceptable to Landlord, pt"ov-!ded th<lt the premiurr.a tor the pol icy at"e, ill Tellant' A and. Landlol"d j rJ reasonable opinion, c(.(mtSrcially reasonable, and Landlord:-shall be added as a 108s payoe in respact of its interest in ~eal and personal property comprising the Parking Garage and the Premises insured by Tenant. Tenant shall notify Landlord in 'Writing not leBO than thirty (30) days prior to discontinuance of cove:t"age if Tenant elects to discontinue earthquake inaurance coverage due to the premiums therefor being corrrnercially Uhro:;laaonable~ If Landlord and Tenant cannot agree upon the commercial reasonableness of earthquake insurance premiums, the issue shall be submit.ted by the parties to (\ neutral binding arbitration in accol,"dance with Part 3, Title 9 of the California Code of Civil Procedure. ~r:'he arbitrator ahall be knowledgeable in corrmorcial leaSing and/or cooworcial propert.y management, risk management. in:l\.lrance and munj.cipal government. If the parties are unable to agree upon an 3 \ \ , .'.>, " ". ,-".~ ! o o arbitrator, the presiding Judge of the Superior juri fldiction to enforce the aX'bitration res\llt the arbitrator. 'rhe parties ahall share arbitrator's fee. court having shall select equally the 11.3 .BYi.dence of Coverage; ChallS.!itU.. Tenant agrees to deposit with Landlord' 9 Manager, Real Property, on or before the effective date of this Leas8 1 certificates of insurance necessary to satisfy Landlord that the insuranco prOVisions of this Lease have been complied withl and to keep Buch insurance in effect and the certlficateo therefor on deposit with Landlord during the entit'e term of this Lease. Should Tenant not pr.ovide evidence for such required coverage at least three (3) days prior to the expiration of any existing insurance coverage, Landlord, following written notice to Tenant; may purchase such insurance, on behalf of, and at the expense of, 'fenant l as will p.tovide twelve (12) months of coverage, Landlord shall retain the right at any time to review the coverage, form, ana amount of the 1nnurance required by Paragraph 11 and each of its subp(\ragr-apI18" IL in the reasonable opinion of Landlord's Risk ~.anagar~ the insurance provisions in this Lease do not provide adequate protect.ion tor Landlord and for members of the public using the Premises, I,andlord' B Risk Manager may require Tenant. to obtain insurance Bufficient in coverage, fOl.Ln, an<\ amount to provide adequate protect.ion. Landlord's requiremellts shall be reasonable and shall be designed to assure protecti<ln fl'"~. -and against the kind and extent of risk which ex:j.BtB at the tIme a change in insurance is required. Landlol:d's Manager, Real ProprH.'ty, shall notify Tenant in writing of change9 in the insurance requl-ro1l'.entB established pursuant to Paragraph 11 and each Of itB subparagraphsj and if Tenant does not deposit copies of acceptable insu:l"ance policies with Landlord incorpOl."ating such changes within sixty {60) days of receipt of such notice, or in the event Tenant fails to maintain in effect any }'equired insurance coverage, this Lease shall be in default without further notice to Tenant. Such failure ahall constitute a material breach and may be grounds for termination of this Lease at the option Of Landlord pursuant to Paragraph 13 below. 11.4 Liability Not Limited. The pl'ocm:lng·of such required policy or policies of insurance shall not be const1.iJed to limit Tenant1e liability hereunder nor to fulfill t.he indemnification provisions and requirement.s of this Lease .. Notwithstanding the policy or policies of insurance, Tenant shall be obligated for the full and total amount of any damage, injury, or 10s8 caused by negligence or neglect connected with this Lea·Be or with use or occupancy of the Premises." 4 ~-ZlbOcOO$lln '. I'· . , I. i .. , ." . . ; .. . . " ' -.l ... .. .:'~.:. c •• ,',". <.:; . . () SHCTrON 2. 'l'he terms of "Amendment No.1 to webster/ Cowper Air Rights I~ea8en shall be deemed null and void and of no legal effect since its execlltion by the paxties. Tenant' B obligation to provide the insurance coverage under the provisions of Paragraph 11 of the Lease shall be deemed to have continued unmodified since the date of execution of the Leaae. SRCX10lL.l. ,Para9:r.aph 5.5 of the Lease .is amended t.o add the following provision at the end of Paragraph 6.5: Landlord, acting by and through the City z.t..an"g~.r and City Attorney~ may for good cause reduce, modifyz substitute or relinquish the deposit specified in this Paragraph 6.5. ~. Bxcept as amended herein, the' covenants, agreements, te~a and conditions of the Lease "between the parties not modified herein shall remain in full force and effect. IN liITNESS WHEREOF, the parties have executed this Amendment Number 2 to Lease as of the date first set forth above. LANDLORD CITY OF PALO ALTO, a municipal corporation Mayor ATTBST: City Clerk APPROVIID AS TO FORM: Senior Asst. City Attorney APPROVED Chief Transportation Official 9-40611 b<k ooSl1n 5 TBIIANT PREmBR PARKrNG MANAGEM8NT CORPORATION, a California (;orporation By: fl, :Jl"~'~./-::-=· ___ _ J~'E':-Baer Pree'ident '\ / , I I .... I,", , I I- I I . ,: : ~ j I , .. o o CBRTIPIClITB OF ACKNOWLBOO!!BNT (Civil COde § 1189) 88. on (1. -. ~, 1994. before me, &®~ £'Lo's. ll. Notary Pub~and for (Ji\id County and st.a.te,ersonall Y appeared ~ -::::;:yr-tn LO t7, ~ ,personally known to me (or proved to ~ on the basis of satisfactory evidence) to be the peraon(e) whose name(s} i§/are subscribed to the within instrument and acknowledged to me that .b,.!;:/she!they executed the same in biQjher!their authorized capaoity(ie.). and tl1at by his/her/their signature Co} -on th~ instrument the person (s) I or the entity upon behalf of which the personCs) acted, executed the instrument. IN WITNESS WHBRBOF. I have hereunto set my hand and eftixed my offici.al seal the day and year in thieacert~~. a-.:e first above written. \ C . .&~ and for said - 6 ) , , , • AHJmt»)II!N't )lID!ljBR 3 'l'O LlWlS IlInWEBN CITY or PALO ALTO AND l'~IBR l'~INQ MAUAQEWXUT CORPORATION Th1s A~ndment No. 3 to Lease is made and entered into this _ day of __.' 1994 by an~ betweell the City of Palo Alto, a ch~rtered cIty and a municipal coxporation of the State of Ctllifornla PLllndlox-d').f and ,·re'!'Ler Parking Management Corporation, a california corpoX'"-i'tion {IioTenant·). 1. On Octobor 11, 1990, Landlord and 505 Hamilton Avenue Partners, a C~·lltor'nla I1miteo partnership (-Pormer 'fenantlll') enter~<I into ~n Option .trgr<:err.ent. whereby lAndlord granted to Former Ten~nt an exclusive option to construct and leaDe two additional levelo. (levels six and seven) of a pat"king garage ('PremiseB') in the air rights above the five-level parking garage "Paddng Gal"age") situated on real pt"operty {·Property·), both OWlled by Landlord. 2'. On J(tnuary JO, 1991, Landlord consented to Former Tenant's aOBiglUr,ent of ito rights ancl obligations under the Lease to Tenant. 3. On Apr,il 24, 1991, Landlol'd and Former Tenant entered il1to a documont entitlod "ArnendrMmt No. 1 to Webster/Cowper Air Rights Leaso,· l<iheroby the lnBurance provie1ons Of paragraph 11 of th.e Loase bot'Wean Lalidlo(d and Tenant were amended. 4. On June 27, 1994, Lan!Uord and Tenant entered into a document entitled ·k~ndment, No. 2 to L~ase between the City of Palo Alto and Prem1er Parking Management Corporation-, whereby the insurance provisiono of Paragraph 11 of the original Leese were reinst.ated. 5. As required uodet" ordinance No. 4052, adopted September 3, 1991, . .the OWfler of real property located at 531 Cowper Street, Palo Alto '-Cowper Property") will convey t.o the City, in fee title, a permanent pedostrian easement to the City tor the covered pedestrian .arcade .and any landscaping adjacent to the arcade which 1 ie in a northeasterly plane between Cowper Street and the parking 9'arage, and will file for approval a lot line adjustment in order to convey to the City, in fee title, a portion of the Cowper Property meaouring approximately one hundred seven feet in length and t'll'O feet in widt.h along the northern property lino of the Cowper Property. The parties to the Lea~e intend that tho approximate 214 square feet of such Cowper Property shall constitute a part of the demised Property Imder the Leal3e. 1 " ,. ., , .. ... , . .- o 6. The addition of tho approximately 214 square feet of such Cowper Property will result in the narrowing of the driveway access to the Parking Garage, the-widening of the pedestrian walkway leading to the Parking Garage fn'lln Cowper Street I and the creation of a landscaped area between tho pe()eett-!an w-.alkway and the driveway. In cOllsideration of the followIng covenRnt8~ tt'l1:n8 and conditions, the parties agree: SBCTION 1, The legal <loscd.ption of the p~ .. operty, ap: 6tlt forth' in Exhibit 'AI hereof, is hereby amended to tllclude the approximate 214 square feet of real property ('Granted Area·-) I which is gr.anted to Landlord by the OlfflQr of real property at-531 Cowper S'tr~et. Palo Alto. The legal description of the Granted Area is more particularly described in Rxh1bit "0· hereof. All referenceD to the property in the Leaso shall be deemed to include the Granted Propart-y. SBCTIOtL...2.. The gen~ral description or the Property 1s hereby amended to include tile Gr,:mted Area, mcasu:t'iug app)"oximately one hlmdred seven feet in length an~ two feet in width" The addition of the Granted Area shall result in tho modificat.ions in the widths of a pedestrian walkway ("HaJ k:way·), a vehicle d:l'ive .... ay ("Driveway·) and landscaping improvemPont (<:Ol .... ,ndecaping·) botween the walkway and the Driveway~ as generally described in Bxhibit ·C" hereof. SJlcrl;QlLJ. Pa<agraph 6.2 la! of the Lea.e Is hereby amended in i~e entirety to read ~R follows: • (a) Bxcept as described in paragraph 6.1 {a) above, dur.ing the term of this Lease. 'tonant shall perform all general maintenance and cleanin.g within tho Par:kil19 Garage, the Walkway, the Driveway, the LandscapIng and the repair of the .eignage and electrical system, repair of any damage caused by va.ndal ism, and maintenance and repair of the elevators within the Parking Garage and th~ Premises, Rubject to Bupparagraph ~.2(b} below. IHevator equipment and housing within the Parking GarngQ shall be retrofitted by Tena'nt at 'l'enant's expense to acc<'>f'l'tnOdate the Premises. Plana for retrofitting the elevators shall be submitted to Landlord for approval before th~ retrofitting is implemented. Tenant ex-pressl)' agrees to maintain the parking Garage~ the Walk.way, thQ driveway~ the Landscaping and the premises in a safe, clean. and sanitary condition to the reasonable cleaning and maintenance standards set forth in Exhibit COlt ~ attached hereto and incorporated h{!rein by reference. T-enant further agrees to provide approved containers to trash and garbage to keep the Parking Garage, the Walkway~ lhe Driveway~ the Landscaping and the pt."emises fee and clear of rubbish and litter. I..andlord shall have the right to enter upon and inspect the Premises at any time for 2 . - I cleanliness and safety. Nutwithstanding the above provision, Tenant shall be responsible for damage to and repair of the Walkway. the Driveway, the L~r.d8caping and the Parking Garage and repair of the Walkwa.y, the Driveway, the ~ndscapin9 and ,the Parking Garaye and any of its support systems resulting from Tenant' B use of the Parking Garage or the Premises and not occasioned by normal wear and tear,R S,BcTION 4-. Bxcept as amended hereil~, the covenant8~ agreements, telTnB and conditions of the Lease between the par"ties not modified herein shall remain in full force and effect. All capitalized terms not defined in this Amendment Number 3 to LaaBe ahall have meanings ascribed to them in the LeRse. IN WITNESS WHBREOF. the partiflB have executed this Amendment Number 3 to Lease in Palo Alto, County of Santa Clara as of the date first set forth above. CITY OF PALO ALTO, a municipal corporation Mayor ATI'B8T: City Clerk APPROVED A.q TO FORM: Senior Asst. City Attorney APPROVED: Assistant .City Manager Director of Finance Chief Transportation orf1cial Manager, Real Property 3 PRBMIBR PARKING MANAGBMENT CORPORATION, a California corpOl.'atioll By: (\' ~ A!-9:" ~Baer pr~ident 1 -. 1-·-_ ./ o CBRTIlIXCATB OF ACKNOWLBOOMllNT (Civil Code § 1189) STATB OF CQQ,tf!! Inl-A COUNT't OF ~ (10" 'r. BB_ On ~'-""-'--dA I 1994, before me, p,~"e.l"lr, fu&"" a Notary PubIc in anlj. f~Baid county a~ ... State::tJ;'"ersonally appeared ::E5Lrn¢d& ~ .. ~___ ___, p§~~onally known to me (or proved to me on the basis of saffifactory evidence) to be the person's) whose name(s) Ware subscribed to the within instrument and acknowledged to me that W../she/they executed the same in ~/her/their authorized capacity{ieB), and that by niaJher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrwnent. IN WrrNBSS WHBR20F / I have hereunto set my tland and aff:i..xed my official l3eal the day and year in this certificate first above written. 4 l 1 Th. lInd retorred to h~r.ln I. at Callforni., County ot Sint. (and h dOlcrlbed .. follows I PAIICEL ONE. oltuated in the Stat. Clara, city of PALO ALTO THE NORTHW&S1ERLY 2S t.ot of tho Southe.otorly 80 t.et of tho So~th.t.t.rly 107 toot of Lot 1, .nd the Northe.otetly 43 tlot o( tho Southw •• torly ISO t.et ot the Southe.sterly eo toet of Lot lind the Northw.otor1y 20 t.ot of Lot 2, alo.~ )$, •• Iho .. upon that ctrtoln Kap entltlod "Ori9ina1 Hap Ihowln9 lubdlvision of University fark (now Palo Alto) Santi ~lara co., calif.-, ~hich Hap was tiled for record in the otfico of tho Rocord.r of tho County of Santa Clara, Stete Qt CAl.~to,rnia on Flb["lr~ 27, 18S9 in Boo~ 0 of M.aps, plgo 1S9. '''ReEk TilO, The NOttheaaterly SO feet of the ~outhw~st.r1y 100 fett of the Southtaatetly 100 feot of Lot ~, 81oc~ 36, as shown uPQn that certain ~ap entitled ·Or19inal Map showing subdivision of Un1verllty P4rk~ (nov palo Alto) Santa CIa,. Co., California-, which MIl' .... tll.~ tor record In the oUlce of thellecorder ot tht ,County ~f Santa Clara, State of California O~ February 27, 1889 in Book D of Maps, pIgo 69. PARct~ 'f~Rt&, . ThoSouthelsteely 17.5 feot of tho Northwesterly 120 feet of ·th~ SouthwI.terly 150 fl.t of Lot 1, Block 38, •• shown upon that cortlln HIp .ntltlod 'Orl9lnll Hap .hovlng Subdivisions of Unlver.ity park Inov Palo Altol, santo Clara Co, Califo,nia", vhioh Kap .. a. flied fo. record in th. offlc. of the Recorder of tho County ot Santa Cl.ra, State of California on february 27, lee9 In 900k C 'of Mape, pag. 69 • . exceptIng th .••• tro .. the North.OIterly 11.S teet of the SOuthw •• t~rly 107 f.lt th~reof. PARCEL FOUR. Th. South ... terly 100 feet of the lIortheaster ly SO f.et of tot 17, BlOCk l8, al shown upon that "ertaln Kap ontitled 'Otlglnal ""I' ohowing IUbdivisions of University Park, Santa Clara, Co., california", which Hap .... file~ for record in the ollice of the Recorder of the County of Santa Clata, State of california on February 27, 1889 in Book 0 of Mapa, p.g" 6~. /,'" , . ( r I , , o Paqc 2 PARCEl, rIVE 1 The South •• at.ely 97,~ feot ot the Southv •• teely SO feet of the Noethaaftterly 100 het of Lot 1, 81oc~ J8, ••• how" Upon that ceetaln Kap entitled 'Orlglnal Map .hovlng .ubdlv£llona of UnlvouHy pock {".,Ii Palo ~lto) Santa Clara Co" Calitoenia', whiCh Kop v •• filed for record In the uttlee of the Recorde, of the County of Santo Cla.a, Stat. of Callfornl. on february 27, 1889 In Book D of KapI, page ", PARCEL SIX, Th. North" •• terly 9S 'eet of t~. South" •• teely 96 toot ot the Northe.ste,ly 143 t •• t, ~ot 2, BloCk 38 a. sho_n upon that certain Kap entltl.d 'Orl9lnal Hap showing lu~iYi.lon of unlver.1ty Park (n~w Palo Alto) Sant& tilr. Co., California­ which map YII filed tor record 1n tho offl~a of tho recorde: of the County of Santa elata, Stat. ot CalJtolHl. O~ february 27, 1889 1n Boo~ 0 of Haps, P'g" 69. &XC£Pl'lIlG THER£t'ROK tho Ilorth"utt[ly 20 toot of the Southwesterly .3 fe4t thereot. PARCE~ SEVEN 1 PORTION Of LOr 4, in Bloc1< 36, .. aho." upon that certaln mop entitled 'Orlginal H.p shovln9 aubdivision ot university park (now Palo Alto) Sinta ClArA Co" r.llfQ{nia', which ~ap ~ •• tiled foe ,ecord In the ollie. of the Roeorder of the County of Santa ela,a, Stat& of C.llfo(ni~ or. Febru8ry ~71 1889 in Boo~ 0 of Hapel pagG 69, ,nd mOre particularly d4scrlbed al followol BEGINNING at a point on the Southw •• t.,ly line of Wtbster Street, distant thor.on 100 feot South •• sterly tro~ tho point of 10'0, •• ctlon of •• Id iouthw •• teely line 01 Web.ter Street with the Southe •• torly line of Unlvet.lty Avenue, running thence South.a.t.rly alorlg .ald Southwe.t.rly line of Webster Steeet 50 ' •• t, thence at right .n91 •• Southvo,terly 100 f.etl thence at right ang1" N,Hth ... teely 150 teet! thence at right angle. Northea.terly 100 foet to the point of boginn1ng. PARCEl, EIGHT. The Northwesterly 95 f.ot of the Northe •• te,ly 4S f •• t of Lot 2 and the South"e.terly 50 fe.t of Lot 3, Bloc~ 38 as .hovn upon that certain Hap ~ntltl.d 'Orlglnal Kap Showlng Subdiylsions of Ul\iverdity Pa.de (now palo Alto) Sar.ta ClarA Co., California'" I which Hap wa. filed tOt record In the office of tho Recorder of the County of SantA Clara, State of California on February 27, 1889 in BOo~ D of Haps, page 69. EXCEPTING THEREFROM the Southw.sterly '0 teet of the South­ •• sterly lOS f.et thereof of Lot 3, Slock )8, Unlyersity Park. . P: ~. :IBIT A -Paq~ 3 PARCEL NINE: Portion of Lot 4, in Block 38, •• ahown upon that certein mop entitled ·Oniverlity Park' which Kap WI. !iltd for reoord in the ofUce of the Recorder of tha county ot S.nt. Clara, Stat. of California, on Februa.y 21, 1889 in Book P of Maps, page 69, and mo •• particularly deacrib.d AI tal loy •• BEGINNING at the point of lnt*, •• ction ot the Southe.oterly lin. of Oniv ••• ity Avenue, with the South.o.terly 11no of Mtbater Street, A. said Avenue and St[ttt ate .hown upon the Kap above referred tOJ runnlnq th.nc* S~uthv •• t.clY alQ~9 the .ald South.asterly line of University IIvenu. 100,00 feet, thenct leaving said last named line and runn1n9 at ri9nt ang1 •• Southea.ter1y 100.00 f.et to t~. tr", point of be9innlng of this delcripti<mr runn1rl9 thlnee' trollS u~id true point of bog inning South.asterly ot right a"91 •• to tht said Southeasterly 11ne of Universlty Ay.nue, 50.00 f'.t , thence at r19ht anqles South\ll.,terly 50.00 f •• t, th-.net at right angles Northvesterly 50.00 f.et, thence It right angle. North.asterly 50.00 f •• ~ to the true point of btglnnlng. PARCEL TEN. BEGINNING at the most Southerly corner of Lot ., Block 38, as s~own upon that certain H~p entitled ·Or1g1nal Hap shoving Sub~lvlsion of Univ ... ity Puk (now Polo IIlto.\ Santo Clara Co~, California·, recotded February 21, lB&9 in Book 0 of Map., page 69, Records of Santa ClarA County, California, thence Northwesterly along the Southwesterly line of laid Lot 4, a distance of 100 feet, thence at r1~ht an91et North ••• terly 45 feet, thence at right angl •• Northwe.terly 100 het, thence North.asterly along the North" .. terly line of .Iid Lot,S feet, thonce Southea.t,rly It right Ingle. 200 feet, thence at right .ngl •• South ••• terly 50 f •• t to the point of beginning, being a por~oin of Lot 4. PARCEL ELE'1'£N, PORTION'OF LOT 4, In Block 38, as .hown upon th.t cort.in Map entitled ·Orl91n41 KIp Iho.in9 lubdivilion of University Parx (now ~alo Alto) Santa Clara co., California', ~hlch Hap was filed for reeord in th~ office of the ~eco.d.r of the County of Santa Clara, State of California on F&br~a[y 27, 1889 1n Book D of Hapa, pago ~9, and &or. partle"l.rl, d •• crl~ed &s followsl , . j ,­ : , r I r ',. I······• ..... .. I I I r I t ,':: i J "."-. . ',", ,,,,," ,'. ; " ,. -, o BEGINNINQ at a point on the .~yth ••• te'ly lin. ~f Unlyersity ~yenue dietant thereon lOO fe.t Southwesterly from tho intersection of the Southwesterly line of Hebeler Streot with the Southeasterly line of Uniyor.ity ~y.nu., thence South.ast.,ly at right angl •• -100 feot, thence Northeasterly at right '~11e. 5 teet, thence Northwe.t •• ly at right angle. 100 feet to eald Southeasterly line of Uniy.rlity Avenue, thence Southwelterly along said South.,lterly line 5 teet to the POINT or BEGINNING. PARCEL TliELVE. PORTION OF LOT J, Block 38, as shown upon that certoin Hap entitled ·Ori91na1 Hap showing lubdivisiona of University P4r~ (now Palo Alto) Santa Clara Co., California-, which Hap was filed for record ir. the office of the Rec,'rder of th.e County of Santa Clara, Stat~ of California, 00 February 27, 1889 in Book D of Haps, page 69, and more particularly described a8.follo~s~ BEGltnnttG at the point of intersection of the Northwesterly line of Hamilton Avenue, with ~he Southwesterly line of Webster Street,' t'unnin9 thence Southw ... terly along the said Northwesterly line of Haroilton Avenue, for & d1stlnc~ of 150.00 feet, rynnlng thence Northwesterly at right angle, to the saLd Northwesterly line of Hamilton Avenue and parallel with the said Southwesterly line of Webster Street, fot a dist.nce of 105.00 teet to the tr~. point of beginning of this description, running thence fro~ .aid true point of beginnlnq, Northwesterly and parallel with the Baid Southwesterly line of webster Street for a di~tanc. of 95,00 feet, thence a~ tight anglel So~thve.t.rly ftnQ parallel with the .aid Northwesterly lin. Qf Hamilton Ayenue, for a distance ot 50,00 feet; th.nce at right angl •• Southeasterly and puallel -with the said Southwutorly Uno o~ If •. ~st.r Street.,1 for a distance Of 9S.00 ~eet, thene .. at riqht an91es North •• &terly and parallel ~ith th.llid Northwe.terly line (1.£ HiSnd'lton Avenu.e, fot a distance of 5cO.OO f,eet to the true point of beqinnlng. TJP/TR/bf NI") 12Q-3-34 \. , ... ·F 1 .1 , ., I • -.-EXHIBIT B 'Granted Area) POlI1'lOIl OP tm 1 IN 8LQCX 33, AS SHrnm UPON THAT C~'ll.TAIN "IIAP SHOI/II/G StrBDIVISIOIlS OF U1UVERSIn' PARI(" RECOlU)BD all '!'1m 27tH DAY OF rURUARY, 188' Itl BOOK HD" OF IlAPS AT PAGE 69, 81oJ1TI\ cLI\HA COUNTY RECORDS, AND KORE ~ARTlCUu.l\LY OESCR'le!iD AS FOLLOWS: Bro~NNJNG AT 1\ POllIT Iii THE II0RTHEASTEJU,y LIlIB OF COWPLR STR£m', OIS1'AlI'r TIIERE"N HS.OO tE"r SOOTllEASTF.RLY PRall X'l'S l1l'I'EI\S~C'n<>lI WITII '!'11~ SOUTHI1.ASTl!lUl( LINE OF UNIVERSITY AVDIUE AS SAID S7IREX'l' AIID AVEl/1lE Al<E SHOWN· UPOfl SUD IfAPI ~lfENCE FROll s"m POINT OF 8EGn1UNG NORTIIFASTERL'l AND l>ARALtBL IIITH SAID SOUTIfEAS'tl1RLY LINE OF DNtvERSITY AVl:NUE 107 ,00 P~E'l'1 TlIENee SOUTHEASTERLY AND PARALLEL WITIf S~ID NORTHEASTElU,Y LINE Op COIIPER STREE']' 2.00 PEE'l'; 'l'I/ENCE SOU'l'1lW8STERLY AlID PAMLLEL WITH SAID SOUTHEAS"l'&l\LY LItlE Of' UlIlVERSIU AVENU& 107.00 P£ET 1'0 SAID NORTIl!:ASTBRLY LIt/I! Of' COllPER S1'R/lE'l'; nweE ALOHG SAID LIII£ IIORTIiWE$'rERLY 2.00 FE£T TO THE POINT OP DEGlt/H INt). \.: "-': \. r I ,i :1 l o -=----y::-;' :""=:r-o--7~ &\\\S'J l\:_\~_~~ o i I ~ WAl«'~\lAY DRIveWAY o £XB:iB::i:T C -- '. '; ,. ~---- -, ...J.':J._~~ n _L __ = R:;~ .". ~I!>- ~\)a.. EE. T '1 .', __ .J BXIllSI" D CLEANINO AND MAJtITENAN~E STANDARDS The Parkins Oarag< and tho Pre",I ••• ,haD ~ ,loaned l!Id mallltained in '=r<lan~ wilh the foDowing: I. Sweeoing Sorvie ... The enUancu and aU kvtis or lhe Parkins Oar~ge shall be ,wept and aU ItaUwa)'S cJun,d cnee • wcek. Mdi~onaUy, aU wa,tkwa)'S uoun<l the Parking O"",~e and walkways loHamUlcn Av.nue and Unlve"fty Avenue .hall ~ '''''1'' onc. a week. Servie .. ,haD include Ihe removal or.all paper, gi .... , !ea1'tJ, din l!Id olher debris ond proper disposallhorcof. 2. Qutodlal opd Majnt.nance ScrviC<-l. SUirwelis and el.valor! ,haD ~ ,I .. ned four (4) days per week (T\Iesday, Thuttd>y, FrKlay and Sunday). Se",,~s shaD In<lude emptying of aU IlI.Ih conl&Jners ?n<! proper d"poaal 01 male",1 lherein, awecping and moppinS of aU stairweD. and Iandio8' and .. porting any 1'OJldalism in<lodillR gr1Iflhi 10 Tenanl and repair of damas .. cawed Illereb». 3. Landscaping. All plaoling and landscaping ",ow'od 1M parking sar.S< .hall be trimmed and cared for at leas~ once a IT'Anth. " i I I, ~.: ' ..