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0608.093
· '-- December 9, 1993 HONORABLE CITY cour,;:IL Palo Alto, California Members of the Council: Report in B .... iet This report transmits information submitted by the Lace Museum in response to Council's directior. at its November S, 1993 llleeting. It aleo requests council direction on proceeding with the aption t~ lease with the Lace Museum fer the Williams property at ~51 Homer Avenue. bPkground On November a, 199J~ Council approved the following motion: 1. Continue the a'loolard of the option to l.ease the: Williams property and direct the Lace Museum to return to Cmlncil by December 13. 1993 to address the follo .... ing issues: a. b. c. CMR:608:9) How the Lace MuseUm intends to proj ect in order to keep the need. support to a minimum. administer the for City staff The current status and future plans of new board members who will mora the co~unity as a whole. for recruitment broadly reflect How the Lace Muse~m intends to address presented in its oriqinal proposal women's history, local history and the of historic house~s, no.... that PAST Heritage Museum are no longer part of the features rel~ting to preservation and Women' s the project. .'< .. -' d. Identify alterna.tive funding $ources if funds ere not granted or not granted in req"-lested I or are not sufficient to expenses. the County tr,e a"mount cover all 2. Direct staff to participate as nece~sary, in the gran't. propcsal due to the county on November 15 I 19~J; including ;"uthorizing t.he Cit)-Manager or her assignee to sign the grant proposal t if nece5sary. with t.ete understanding that if the County funds are granted~ staff ~ill return to Council ~ith a reca~endation ~o adopt an ordinance to dejicat.e the property tor park purposes. Issue. A4dresse~ by La~a Museum A Nov2mber 24, 199) letter from the Lace Museum addressing the issues as requested by Council is attached. In its le~ter, the Lace Museum has also responded to questions from Council Members regarding $pace needs and the timing of the formation of the new nonp~ofit corporatio~. wlth reqard to space, the Lace Museum will need 24 percent of the first floor space for laoe display and 50 percent of the second floor space for lace storaqe. The firs't: floor. i:--.cludinq the lace exhil:lits, .'ill be open to the public~ Docent-led tours will take the public through all first floor areag of the house. Revi.ed pre1iminary Aqree.ent and Lease ~ described in the November 4, 199) staff report (CMR:560:93}, ~he attached Preliminary Agreement and ferm of Lease approved hy Council on Aaqust 9, 1993 have been revised as necessary to reflect the ~ithdra~al of WHM and PAST. Generally, the revisions consist of deleting the references to WHM and PAST~ thus lea..-inq the Lace MuseUlt solely responsible tor carrying out the purpose. program and improvements of the Preliminary Agreement and Lease. The Lace Museum is prepared to file articles of incorporation for the new nonprofit corporation as soon ilS Council awards the option to lease the Williams property to the Lace Museum. The revised documents currently provide thGt if the ne~ nonprofit corporation is formed, it yould be after the lease is ;sig'1ed; and that Lace Jioluseum would return to the City Council to request Ccunc:i 1 approval of an assignment of the: Lease to the new nonprofit. If the Council chooses to a~ard the Preliminary ~greement to the Lace Museum and desires the Lace Museum to form the new nonprofit during the option p1!riod.. council sbould direct staff to amand the doc'.J.ments accordingly. CM:R:Ei08:SJ .2 • -, " o..~": ~ . • r ._ status of CQU~ty Grant On November 15, 1993, the Lace Museum submitted a grant proposal to tha Santa Clara county HistcI'ical Commission requesting $lCO. 000 in funds tor rehabilitation of the williams property. The County is currently reviewing proposals to determir..e completeness and "!-liqibility. I.f eliqible r proposers will be scheduled to make presentations to the Historical Heritage commission sometime in January/February 1994. The Historical Heritage Commission 'Will then make recommendations on the proposals ~hich will be forwarded to the county Board of Supervisors for action sometime in MarchJApri14 If funds ars granted by the Board of Supervisors, a historical project aqreenent to be signed by the county. the Lace Museum and t,he City of Palo Alto ""'~,ll be submitted to the county Board of Supervisors fer approval in May/Juns, 1994. RecoJIPPend.tio~ In the November 4, 1993 staff report (CMR:560:9J). staff expressed concern with issues r1!lat.ed to the Lace Museum's financial position and administrative resources. The Lace Museum has submitted the attached letter in response to Council's di~ection to address these iss"o.les and others. Staff continues to be concerned that the Lace Museum does not h~ve a stronq fi~ancial position commensurate with the si9nificant expenditures that will be required to realize the terms of the Lease, and that staff will need to spend considerable time supporti~9 the Lace Museum duri~9 the option period because the Lace MLlseum does not :-~ve administrative resources. If counci~ .:=~es to proceed with ~he option to lease with the Lace Museum, direct staff to: 14 Accept the revised proposal submitted by the Lace MuseUm and authorize the Mayor to execute the attache.d preli"minary Aqr-eement with its attached form of Lease:, either l.n its present form or-as subsequently amended to reflect any changes appr.:>ved by the Council at this meeting; and :2. Authorize the Mayor to sign the Lease upon notice from ttle Finance Director that all of the conditions of the Preliminary Agreement have been satisfied and that the Le~5e has been duly executed. or, It Council does not ~ish to proceed with the option to lease with the Lace M"..:lseum, direct staff to prepare another RFP for the property and to rettJrn to Council for approval of the RFP and a l:Iudget amendment ordinance to appr-cpriate addit.ional funds for continued maintenance of the property. CMR!608!93 3 , Respectfully submitted, 'fiL-v.vt 1~ , J".\NET !"REELAUO Senipr Financial Analyst ~ .Ir, ~.!JO .. ",-",-"'~_ cli{y HARRI SON" Director of Finance i ~-, r / \ Lt. ~J....~\.1\l\J...j-A Jl.1lfE FLEMING City Manager Attachments: Le~ter from the Lace Museum Revised Preliminary Agreement and Lease Related staff reports~ CC: The Lace Museum CMR:226:91 CMR:103:92 CMR~1a8:92 CMR:208:92 CMR:4.35:92 CHR:49J:92 CMR:30S:93 CMli:332:93 CMR:446:93 Qf.R: 560: 93 Womenls Heritage Museum PAST Historic ~esources Board w. Davis Larsen Sandplay Therapy & Training Institute Community Impact Sarah and Mark Segal Margaret and John Toor CMR;608:9J 4 THE LACE MUSEUM 334 lincoln Ave!1ue Palo Alto. CA 94304 Honorable Mayor and CIty Council City of Pa 10 Alto c/o Ms. Janet Freeland Real Estate Division City of Paio Alto P. O. Box 10250 Palo Alto. C/>. 94304 Re: The Rhona Williams property kf'own as 351 Homer Avenue PslQ A.ttp. California Honorable Mayor and Members of the C:ty Council: November 24. T 993 T:'e City Council, at its Novemoer 8. 1993 meeting. voted to continue the award of the optk>n to lease subject, p~operty to the lace Museum pending the Lace Museum~s ratum to the Council by December 13. 1993 to address cenajn issues. In compliance with that council directive. we are submitting a progress repo" on the four items assigned by the PalO Alto City Council at i15 November 8, 1993 meeting. (a) How does the lace Museum intend to administer the project in order to k.eep the need for City staff support to a minimum? OUf inte"t is that the Moodv·WWiams Center for Histortc ai1d Culturar Arts be administered by a nine person, non 4 profit board of directors. Dunng the tWO year option to lease period, the board wil! oversee the budget, tt",e rehabi!it:rtior'l, and f..:nd-raising. Administrative personnel such as [he architect and genera f contractors will report directl., to the Ooard. Our interaction with staff will be limited to the Building Department and the Historic Resources Commission. Our long range goal is to hire a profeSSiOr'lai museum direCtor to coord in are the Center's program and voluntee!s during the lease period. {bl What is the current status and tU1Ure plans for recruitment of new board members who will more broadly reflect the community as a whole? We plan to have a board of nine people. comprised at three members of the lace M:.Jseum and six people from the Palo A!to and Star.ford Communities. Peo~le whc -ha .... e agreed to' board membership pending mganizaool1 of e nOf"l-profit co(poratlon approved by C'lty Council include: Cherie Hefm lace MlJseum, Palo A!to Elaine Merritt, Lace Museum, San Jose Debra LaVerne, lace Museum, Palo Alto Margaret Feuer, Generai Contractor, Palo A!to We are currenti',' approaching suggested individuals in the community including form&r sct-=oor principals with an interest in history. retired pMvsiC:i!f;S with interest and involvement in hiSTorical act~yities, an acti .... e physician tnreres!ed in women and medics! history, and a commutllty surgeon in Palo .A.lto. A number of indi .... id1lals have indicated a wmingness to serve as adv~sors but could not commit the time to board mernbership. In addition, se,(eral i'lteresled local citizens wOIJ!d not make a commitment to beard mernberr.hip at !.his time f'Or two reasons: 1) They wanted to see the direction and deCision of City CO>.Jncil before making a decision; 2; This time of y~ar is very busy for many people, and they preferred to talk. funher after the beginning o11he year. Ic) How does the lace Museum intend to address the features presented in its original proposal relating to women's histor", ;ocal history and the preservation of hlstor~ houses. now that PAST and Wcmen's heritage Museum are no longer part of the project? We -pro~se taking the leadership role to rehabilitate the Rhona WiUiams 1907 house, doctor's office and gardens in order to demonstrate the hiS10('tI and fife style of Dr. Thomas Wil!iams and his family and to reflect the culture and architeclure of the community in the early 1900s as set foot\ in au.;" origloal p~oposa!. We will bring into tn.e non·profit foundation corporation local members of lhe community with a strong interest in Palo Alto history and women's history. We ar~ currently discussing the use of the Moody-Wfmams Center as a place for dEs?favs, lectures and exhibits by the Palo alto Historical Association and feel the Center would provide an exceUe,nt display space for Palo Alta history especially duril1g the Centennial. Thus, with the help of the Palo Alto coml":1unity represented by their diverse ~nterests, cur dre3m wi!! be a reality, But, this can. only be accomplished with the COUf',cil's 100% support and show of confidence which 81 the present is onlv luke warm. We of The Lace Museum are nat super organizers, accomplished fundra'isers, miracie workers, no! are we politiciails. rn short, we are amateurs when it comes to working on this 1ype of project. We are however, honest. hard-working, fast 2 , >' learners and don't k.now the words '" grve up" even when Counc:1 says, "We don't believe '(OU can do the job.-Thus. if you wa:1t to get on with the Rhona Wilhams home restoration along with the various civJc program:; to follow, we are the ones to get the job done to everyone's satisfaction in the shortest amount of time with the least fuss and controversy . p~ovjded. that is, that 'tIOU give us your blessing and full suppo'1. td} fdantify alternative flmdmg sources Jf the County ~undS aie not graf'lted or not granted in the amount requested, or are not sufficient to COver all ~xpenses. In supplying this information, it is probably best to stan: off bv listing the budgeted costs 01 the entire project. Project Costs: 1. land Related Direct Construction Custs: a. Gasoline Tank Aemovar (capped I b. landscaping c. So ils .Report Sub·Tolal 2. BUliding rtelated Direct Construction Costs: a. Seismic Up-g!ading b. Engineer's Seismic Analysis $25,000.00 20,000.00 7,850.00 152,850.00 c. Handicapped Access, rest rooms, doorway widening d. Restroom construction e. Restore skylight to code f. fire prevention sprinkler system g. Seal asbestos heating ducts h. l:1stall basement draft prevention device i. Extend main stairway railings j. Grade and res.urface drfveway. parking area k. Repair water damaged plaster t. Rellair roof, gutter leak. areas m. Aepair floors, linoleum n, Paint. interior and exterior Sub·Tolal 3 $84,960.00 3. Indirect costs: a. Architect, Contractor fees b. Permits c. Refu.rbish;ng of Doctor's office wing d. Security deposit to C;ty of Palo Alto e. Option to lease fee (refundablel Sub-Totai Totar $25,671.00 5,000.00 40,000.00 i 0,000.00 5,00000 $90,671.50 $228.481.50 The Lace Museum had $45,000. cash on han.:! upcn subrn;ning this proposal to the City of Palo Alto. Expenses so far have totaled .$15,000.00: $10,000.00 for a security deposit and .$5,000.00 for an option to lease fee \refundable.) Upon signing the Option To Lease, The Lace Museum will expend $7,850.00 in payment for the City of Paro Alto's SoilS Report a ..... d a projected $25,000 00 far the underground ga~oJine tank removal. The Soard of D'rrectors of The Moody-Williams Center intends to raise $40,000.00 from indiv,duar donofs, COfporate sp'.Jnsors, and tn kind services and has already applled to the Historical Heritage Commission for a $100,000.00 grant. Another aprlJication wili be submitted to the Ridder Foundation tor $20,000.00, al1d additional applications will be submitted to other appropriate foundatfons. rn the event that the historic grants are not forthcoming, The Moody-Williams Board wiU continue its tundra'lsing eHorts as well pu.rSuE a commercial loan to be paid oft through continued furnlraising programs. Also, Tr.£' Lace Museum has its $1,000,000.00 private lace collection which COlJfd be utiliz!':l!d if necessary. fe) Councilperson Anderson was concerned that the :"lead to protect the face will prohibit public use of the space. He wanred to know ,",ow m'.jch space the Lace Museum needs for its lace: With regard to space, the entire Moody-'Nilliams Center WOLJid be open tor public use during museum hours. Docent led tours wiil take the pub[ic through all first floor areas of the Center. The Lace Museum e",hibits will be open to the public during Center hours.. 24% of first floor space is needed for lace displays and 50% of the second floor for storage. If) Counciiperson Mayor McCown wculd like to see the new non-profit corp0f8tion formed before the lease is signed. 4 ::.'" In thiS regard, Attorney James H, Dozier has been lnstructed to immedjate~y file the srticfes of incorporation of tt,e non·profit corporation as soon as council awards trle cptIDn to lease the \.\liWams property ( preliminary agreement and lease) to the Lace Museum, Respectfully submitted, L 7:tzX;;;->« Uit;.! C. MARTINEAU HELM The Lace Museum by its President 5 Project: RilLLams Prope~ty 12.LliQ.m..PJ __ ';_y"'~D.Y..L PR~LIKINARY AGREEMENT This ~.qreemer.t is made this day of . ___ -~, 1993 by and between the Ci~y of Palo Alto, a municipal corporation ("CITY"), and the Lace Museum ~ A C,;,; 1 ifornia non-prof it corporation ("LACE HUSEU!!") • RECITALS A. CITY owns property locateQ at 351 Homer Avenue, in the City of Palo Alto, Santa Clara County. commonly refe-rred to as the willia1r.s property ("PROPERTY"), tT10re specifically described and shown in Exhibit B to the Lease attached hereto as Ex.'1ibi t I {the '"Lease" j, .... hich !.ease is ~ade a part hereof by this reference. B. CITY. in compl ianc2 with its Policy and issued a Request fa~ Propcsals for an PROPERTY and r~ceived a proposal fro~ LACE been selected by the City council. Procedures 1-11, option to lease MUSE'lTM "'hich has c. LACE MUSEl~ desires to obtain an exclusive option to lease PROPERTY. in accordance ~ith the terms and condi~ion5 of this Agreement and the Lease, for the pu:-pose of developing and operating PROPERTY tor use as a parK and a center for historic arts (the MProject 1t ). D. CITY desires hereunder to grant an exclusive option to LACE MUSEUM to lease PRoPERTY for ~h~ Project. During the option period under this Agreement LACE MUSEUM shall mai~tain and provide twenty-four (24) hour security for PROPERTY, develop specific plans J obtain financing, and satis.fy any other conditions set forth herein prior to exercising the option and leasing and developing PROPERTY for the Project in accordance ~ith this ~greement and the Lease~ NOW, THEREFORE, in consideration of the pre1!:1ises set forth above, the parties hereto mutually aqree as follo"!,o;s: 1. GRANT OF OPTrON CITY hereby grants to LACE MUSEUM an exclusive option to lease PROPERT),' for the purposes of developir.g and operating PROPERTY tor the Project and si.l.bject to the terms, covenants and conditions ,set forth below and in the Lease. 1 • 2. TERM OF OPTION The. term of thE! option grant.ed hereunder shall be t ..... ent}' tour (24) ~onths and shall commence upon e~ecution of this Aqree~ent by CIT~. 3. UNDERGROUND FUEL TANK INVESTIGATION COST REIMBURSEHEUT LACE MUSEUM shall pay CITY Seve!':! Thousand Eight Hundred Fifty Dollars ($7, SSO} 'Wi thin ten (10) days of the execution of this Aq~~ement by CITY, in order to reimburse CITY for the cost of the u."derground fuel tank investigation for PROPERTY. as dest::ribed in Clause 4 (e) below. 4. CCNOITICNS PRECEDENT The option to lease PROPERTY under this Agreement may not be exercised by !..ACE MUSEUM unless and until each and every follo'wing condition has been satisfied; A. Reimbursement for F~el Tank Investigation LACE MUSEt~ shall have made the payment requi~ed in accordance with Clause 3 hereof. B. Maintenance of Property During Option Term LACE MUSEUM shall have i~plernented and maintained its plan for the care~ security and maintenance of PROPERTY, including the house and qrounds J within two (2J months of the commencement of this Agreement. LACE MUSEUM's plan for such care. sacu~ity and ~aintenance shall include providing, to CITY's satisfaction, a twenty-four (24) hour security presence on PROPERTV. Such security may be pl.·ovided by having a caretaker reside at PRO?ERTY. in the house, during the term of this Preliminary Agreement. Should LACE MUSEUM have a caretaker reside on PROPERTY to provide security, I~CE MUS~UM shall be solely responsible for any necessary work~ expense and potential liability that may be associated ~ith the car-etax.er's presence. LACE MUSEUM shall be solely responsible to ensure PROPERTY is and re~ains sufficiently habitable for the caretaker to remair. Oli. PROPERTY. LACE MUSEUM shall continue~ throughout the term of this Agreement, to provide the C3re~ security and maintenan~e of PROPERTY in accordance with this Agreement and LAC~ MUSEUM's plan for the care~ security and maintenance of PROPERTY~ LACE MUSEUM~s plan is attached to this Agreement as Exhibit II and is incorporated herein by this reference. 2 - c. Removal ot Underground Fuel Tank LACE MU5J::t."M shall have submitted and received all necessary ap~:rovals fro'!t CIT"{'s Fire M-arshall of LACE MUSEUM's plan fo~ removal of the unde:o:ground fuel tank ano any associated piping existing on PROPERTY. LACE MUSEUM shall have had the tank and any piping removed and shall heve accor:oplished any necessary cleanup or remediation associated with the tank. Notwith-standing the foregoir.g r LACE MUSEUM's expenses in removing the tank, and any necessary associated cleanup costs resulting therefrom, shall not exceed T1o<enty-FivE Thousand Dollars ($25,000) ~ If LACE MUSEUM's expenses associated ~ith the removal of the tank and any cleanup costs €x~~ed Twenty Five Tho~sand Dollars ($25,000), then CITY shall pay up to an additional amount of Twenty-Five Thousand Dollars ($25,000) to LACE MUSEl~ to cover the ta~~ r2moval and any associated cle5lnup expenses. If the parties reasonably anticipate such costs to exceed a total of fifty Thousand Dcllar~ (S50,OOO), or if the costs a.ctually exceed a total of Fifty Thousand Dollars ($50,000], the parties shall ~eet and confer as to what action they shall take ~ith respect to the underground fuel tank, but LACE MUSEUM shall t,ave t.he right to terminate its obligations hereunder ~nd shall not be obligated to spend any further funds .ith respect to the removal of the tank and piping and performanc~ of any ass~ciated remediation. LACE MUSEUM~s removal of the tank and any associated piping existing on PROPERTY shall be accomplished in compliance with all applicabl-e local, Etate and federal laws a!"ld requirements, and any cleanup or remediation of the premises necessary as a result of the presence of the fuel t~nk shall also be accompliShed in compliance witn all applicable local, state and federal la ..... s and requirelTlents~ In addition, LACE MUSEUM shall notify any and all public or privat.e 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 rewsdiation and cleanup as set forth above, LACE ~ruSEL~ sh~ll protect, ir.demnify ~ hold han:lless and oefend CITY. its officers, employees and agents, from and against any liability, damages or loss CITY may incur as a result of the presence of the fuel tank or its removal and performance of any associat~d remediation by LACE MUSEUM, including such liability that may arise ur.der the Comprehensive Envircr.mental Response~ Cotnpensation and Liability Act {42 U.S.C.~ SS 9601-75, as ame:lded); the Resource conservation ar.d Recovery Act (42 U.S.C., S§ 6901-82, as amended]; the Hazardous Waste Control Act (Health § Safety Code, SS 25100-2S~SO.24, as amended); the Safe Drinkinq Water and Toxics Enforcement Act {Health & Safety Code~ §S 25249.5-25249.13, as amended); the uncergr',;)und Storage of Hazardous Substances Act (Health & Safety Code, §5 ~~280-99.6, as amended) i the Hazardous J • " ! substance Account Act (H~alth , Safety Code, SS 25300-9S~ as amended); the Resource COl'Iservation and Recovery Act (42 u.s.c., 556901-82, as amended); the Toxic SubstanceE Control Act (~5 U~S.C" 55 2601-2671~ as amended); the carpel'lter presley-Tanner Hazardous Substance Account Act {Health " Safety Code, SS 25300-25)95, as amended); or any other local, state or federal ordinance, statute or regulation that may now eX15t or hereinafter be enacted, or at cOI!lJ!lon la ...... D. Schematic Plans submittal LACE ~)SEUM shall have submitted the schematic plans to CITY for the Project (the ~Schematic Plans-) within six '6) months of the commencement of this Agreement. Th€ Schematic Plans shall include a site layout of all buildings, landsca'p~ developments, schematic rloor plans for all structurES, simple elevations of all structures, identification of the ~ethods and measures for preservation of hi~toric features of the site in accordance \o'ith the }1istoric Resources Report attached to this Agreement as Exhibit III and ir~corporated herein h}' this refere;-Ic~; a plan for fulfilling parking requirements; a detailed description of all proposed improve ments or modifications (including proposed uses and ~ethods o£ operation and a general outline specification Which identifies proposed construction material and methods), and an estimate of the total construction cost for all proposed improvements under the project. Even if the development of PROPERTY is intended to be performed in phases, the Schematic Plans shall include all phas~s for PROPERTY's development. E. Development Plans Approvals LACE MUSEUM shall have submitteQ to, and shall have received approval of, its dev-elopment plans for PROPERTY for the project ("the Development Plans") from CITY'S Historic Resources Board, Architect~ral Revie~ Eoard j Planning Commission and City Council ~ The Development Plans shall include tha Schematic Plans, interior plans. structural plans, ext.erior elevations, interior elevations and landscaping plans and shall indicate specific plans and details of the interior and exterio~ historic preservation and maintenance features to be included 1n dev~loping P~OPERTY~ As much as possible t and as directed by the City council, these plans and details shall be in accordance with the guidelines and recommendat.ions incluc\ed in Exhibit III hereOf. If the development of PROPEF_TY is intended to be performed in phases, the Development Plans shall include and dQ5Cribe all the phases for PROPERTY's development. Phase I shall at leas"t include the improvement.s necessary to make PROPERTY usable for the required services and uses under the Lease~ 4 eM _ F 1 Construction Drawings Approval LACE MUSEUM shall have obtained approval of t~e construction drawings for the project (the "Construct jon Drawings·) from the City Engineer ana the Chief Building official. Th~ Construction Dra'l,rings shall include: 1. ii. iii. iv. Complete cr~hitectural, landscape and working dra~jings; Complete construction specifications; Complete construction contract formi anrl proposed construction schedule. -engineering Should the developlr,ent of PROPERTY be performed in phases,. LACE MUSEUM need only obtain approval of the Con::otruction Dravings for Phase I of the Project to exercise the option to lease PROPERTY hereunder. G. Long Term Maintenance Plan LACE MUSEUM shall have submitted to and received approval of its long t.erm maintenancE: plan and schedule for the building(s) and landscaping on PROPERTY from the city Mc3.nager or her designee. H~ Land Use Designation .LACE KOS.EUM shall have received ~pproval from tt.e city Counci 1 for any necessary change In land use z.oning ~or PROPERTY# any necessary chenqe in CITY's Comprehensive Plan designation and any other land use permit or approval reqUired, if necessary, for PROPERTY for implementation of the Project and the Development Plans as approved by CITY. I. Subdivision Map Act Compliance ~~CE MUSEV~ 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 Cede, as amended, to the extent applicab12 to PROPERTV and the Project. J. CEQA Compliance LACE MUSEUM shall have cou::plied "'ith the California Environmental Quality Act of 1910 ("CEQA"'), as a~ended, and all related CIT!' procedures for impleme.nting CEQ!., to allow the Project to be implemented. 5 , . -. 3:- lC Permits LACE MTJSETJM shall have provided to the Real Property Manager evidence that any and all per~its and approvals from any and all agencie:; h~ving pre-construction jurisdiction over the Project, including but not limit.ed to building permits, grading permits, street opening permits and healtn permits, have been authorized and are available. Should development of PROPERTY be per!or~ed in phases, the requirement of this s\O.bparagraph (1<) shall apply only to Phase I improvements. L. Certification to Chief Building Official !..I\CE MUSEUM shall have submitted to the Chief Building O.fficial ceI'tification tbat the plans for any proposed building construction comply, in all respects. ~ith current building codes, the tederal Am@r-icans with Disabilities Act. o! 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 devel'-,pment of PROFEP.TY be performed in phases, the requirement of this s~bparaqr.aph (L, shall apply only to Pnase I improvements. M. Sufficient Funds LACE MUSEUM: shall have satisfied the Director-of Finance that LACE MUSEUM has SUfficient finances or financial commitment~ to implement the. project as approve-:i by CITY. Should the development of PROPERTY be performed in phases, the requirement of this subparagraph (H) shall apply only to Phase I improvements. N. Sufficient Security to Complete Project LACE MUSEUM, in accord.ance \,lith Clause XII (TENANT'S ASSURANCE OF CONSTRUCTION COMPLETION') of t.hl::! Lease, shall have furnished to 'the Director of Finan..::e satisfactory evidence that assures CITY that sufficient ~ inancial security will be available to construct the Project l as set forth in the approved Development Plans and construction Drawings~ Should the development of PROPERTY be performed in phases, the requirement of this subparagraph {N} shall apply only to Phase I improvements. o. Security D~posit Payment In addition to the reimburse~ent fo!" the fuel tank investigation ($7,850) to be paid to CITY as required under Clause 3 hereof; LACE MUSElJ'M shall have paiO'j to CITY the security deposit of Ten Thousand Dollars ($lO,OOO), in accordance ~ith Clause IX (SECURITY OEPosrT~ of the L~ase, upon exeCL:t ion of this Agreerjent by LACE MUSEt.'M. 6 t I ! P. Proposed Proqra~ Approval LACE MUSEUM sh!lll nave submitted to, and shall have received approval of, its proposed program for the Project (~Proposed Program'") froJ'll the Cit)' council. The Cit)-Council's review of the Proposed Program shall be for the purpose of ensuring that the Proposed Program to be operated ' .. mder the Lease maets the Council's expectations and understanding that LACE MUSEli'M 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 unified center for the historic arts, offering an integrated progr~m utilizing all public areas of PROPERTY, ./hich are open and accessible to the public at the same time .. 5. EXERCISE of OPTION If at any time during the option term u~der this Agreement LACE MUSEu~ has satisfied each and every condition precedent set forth in cla~se < hereof to the satisfaction of CITY, LACE MUSEUM may exercise thE optiO:"l to lease PROPERTY by giving the Real Property Manager written notice of LACE MUSEUM's election to do so, accompaniea by two (2) properly executed copies of the Lease. ~I~Y shall execute the Lease Mlithin one (1) TIlonth of receipt of L.B.CE MUSEUM's request to exercise the option in accordance with this Clause. 6. GE1JERAL CONDI"I'IONS A~ Review bi~ City LACE MUSEUM hereoy acknowledges that one of the purposes of this Ag~~ement 1S to afford LACE MUSEUM and CITY the opportur.i ty to oetermine -wheth+':r or not LACE MUS FUM is able to meet the various conditions and obtain the required approvals as set forth in this Agreement to implement the Project. Seve.ral of those conditions involve obtaining review and approval from officers, employees or ~ge~ts of CITY. Each of those reviews shall be conducted in an independent manner and nothing contained herein shall be deemed to limit the jurisdiction O~ authority otherwise posses.sed by said officers, employees or agents in t~e conduct of such review. Ncthinq contained iM this Aqreement shall be aeerned to imply that said approvals will be forthcoming. and the failure: to issue any such approval or permit by any office.r, 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 Lease~ lEl..EASUi.7fOt"''MS 7 , B. Otl':er-Governrner)tal Approv~ls CITY agrees to consent to any la~ful and complete application by LACE MUSEUM ~ith respect to any permits or approvals related to activities or irnprove~ents approved by CITY in accordance ~ith this Agreement which may h~ required by a~y governmental or othe.r regulato::y agencies aside frorr, CITY. c. Historical Project Grant Proposal CI':'Y acknowledges that LACE' MUSE'L"M's proposal for the Project relie~ on historical project grant funds to be applied for and received through the santa Clara county Historical Herit~ge Commission (the "county"'). CIT"i also acknolJledges that the Cour.ty requires that proposals for such historical project funds be made by CITY as the owner of PROPERT¥. LACE MUSEt~ shell be solely responsible to prepare and complete th~ County grant proposal application, including covering all application costs, preparation of plans, conducting any necessary research, gathering of ma't.erials, prepardtion of visual aids, or any other 'Work necessary to complete and present the grant proposal application to the County. CIT)' agrees to reviE:w. comment on and execute the grant proposal~ to provide representatives to be present and participate in the grant proposal presentation to the County if necessary, and to provide any o-ther necessary support for the grant proposal w"hich o~1ly CITY as 'Owner may provide. D. Assignment Prohibited This option has be-en awarded based on the unique background and proposal of LACE MUSEUM. Therefore, this option cannot b",. 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. Not.withstanding the foregoing, the parties hereby acknowledge that LACE MUSEUM intends to form a new nonprofit corporation durin:; the tenD of the Lease. that may operate PROPERT¥ under the project. In the event that the nonprofit cQrporation is formed, LACE MUSEUM shall be required to obtain the prior express ccnsent of the city Council, in the City's council sale discretion, to an assignment of the Lease so that the nonprofit corporation ~ould become the lessee of PROPERTY and operate the Project. If the nonprofit corporation is not formed~ LACE MUSEIJM shall remain as lessee of PROPERT~ unaer the Lease. In any event, the lessee of PROPERTY may. with the prior express cons~nt of the City Council, sublease space on PROPERTY to other organizations vith similar goals for developing and operating PROPERTY as a park and center for the historic arts. B . .- E. EXtension of Option Upon written request of LACE MUSEL"M stating the reasons therefore. the City Man3ger or her uesiqr.~e ~ay, at her sole discretion, extend the term of the option • .mder this Agreement as follows: i. The City Manager or her designee may grant an extension of the term of this optio~ for a reasonable period of time, as determined bz' the City Manager or her designee, in the event LACE MUSEUM is dela:red in fulfilling the conditions precedent to the exercise of the option by reason of any cause not the fault of, or wi t.hin the control of & LACE MUSEUM or its aqe~ts or enployees; or ii. The City Manager or her designee ~ay grant an extension of the ter.m of the option for a period not to exceed ninety (SO) days, in the event LACE MUSEUM is delayed in ful.filling the cOJ"'.ditions I'rscedent to the exercise of this option for any otr.er reason. HOIoo'ever. the City Manag~r or her designee may grant such extension only upon the following conditions: a. Written request for such extensicn shall have been doelivereo by LACE MUSEUM to the Real Froperty ManageI' at least fifteen (15) days prior to the expiration of the option term under this Aqreementj b. Payment in an amount equal to Two Thousand Dollars ($2,000) shall be SUbmitted to CITY with the request ~c,r extension referred to above; in the event the extension is denied~ CITY shall refund said amount to LACE MUSEUM; and C. LACE MUSEUM 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 fe~sibility of satisfying sai~ conditions within ~he term of the extension requested and SlJch other information and material as may be required by the City Manager or her oesignee. F. Termination of Option Failure of LACE MUSEUM to meet the terms and conditions of this Agreement ful.ly and satisfactorily \oo'ithin the time limits stated under Clause 2 h~r~o~ shall absolutely and conclusively terminate LACE MUSEUM's rights hereunder. Upon termination hereof \oo'ithout €.~ercise of the option by LACE MUSEtJM~ this Agr~ement shall terminate and LACE MUSEUM shall, ~ithin five (5) business days of receipt of requ~~t from the Real Property 9 .. ·~.;;.. ~'f> - Manager, deliver to CI~Y a properly executed quitcl~irn deed, quitclaiming to CITY an~,.. and all interest of LACE MUSEUM in and to PROPERT¥~ Execution of the Lease by CITY and LACE MUSEUM subst.antia) ly in the form of Exhibit I hereof shall also. constitute a te~inaticn of this Agreement. G~ LACE MUSEUM I s Right 1:0 Enter and Related Indemnification Obligation During option Term CITY hereby grants to LACE MUSEt~, its officers, agents and employees, Quring the term of this Agreement or any gxtension thereof, tbe right to enter PROPEPT¥ or any portion thereot at reasonable times for the purposes of! (i) re:noving the undergro.und fuel tank and piping and accomplishi~g any necessary remediation, as set forth under Clause 4 (C) hereof; (ii) implementing LACE MUSEUM's plan under Exhibit rI hereof fer the care, maintenance and security of the grounds and house; and (iii) cond>Jctinq, at LACE MUSEti'M's own cost and expense, such soil, geologic, and engineering investigations as may be required in conne.ction with the ProjecL CITY also grants to L.ACE MUSEUM, ir! connection 'With LACE MUSEUM's oblig~tion to provide twenty-four (24) hour security for PROPERTY during the option period, the right to alloW' a caretaker to reside on PROPERTY, in the house I during the term of this Agreement. Subject to Clause 4 (Cl hereof ~ LACE MUSEUM hereby agrees to protect, i~oerr~ify~ defend and hold CITY, its officers, agents and employees.. free ar.d harmless from. and aqainst any loss, damages or liability CITY may incur in connection with, as a result of Or'" by reason of: (i) the underground tuel tank and associated piping removal and cl-==anup; (ii) any such care, :maintenance or security activities; (iii) any such investigationj or (iv) the presence or re5idencp. of any caretaker. Should the option or this A9re~ment be terminated ~ithout execution of the Lease, LACE MUSEL~ agrees to repair any and all damage caused to. PROPERTY by reason of ar.y such: (i) fuel tCinx removal and associated cleanup; (ii) care, rnaint~nance or security activities; (iii) investic;at1.on perfon:ned; or (iv) residence of any caretaker of PROPERTY • H. Insurance Coverage During Option "Ie.rm LACE WJSEUM, at its sole cost and expense, shall obtain and maintain throughout the term of this Agreeme.nt, the com."nercial general liability insurance coverage in the form and amounts as required f5nd set forth in Clauses XVIII and XIX (INSURANCE) ot the Lease. Such insurar.ce coverage shall be in full force and effect, as approved by the Risk Manager, commencing on the first day of the term o.f this Agreement and shall continue in full force and effect throughout the term of the Lease. 10 >.".' .-~, .,', . . j.;:o.ti" I~ Notices Any not.ice, tender, or delivery to be give,. in accordance with this Agreement by either party to the other shall be given in accordance with Clause XXII (NOTICES) of the Lease. J. LACE MUSEv~'5 Representations ana Warranties LACE MUS!UM represe~ts a~d warrants to CI~Y that it has not employed any real estat.e broker or finder ir. connection with this Agreement and hereby agrees to hold CITY harl:lless and free from any liability in connection with ~ny ~ommission or finder's fee elleged to be incurred. K. Entire Agreement This instrument contains the entire agreement bet ..... ·een the parties relating to the option granted by this ~gree~ent. Any oral representations or modifications concerning this instrurnent shell be of no fcrce 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, clajm or dispute between the parties hereto~ arisinq out of or relating to this ~~9reemE'nt or the breach thereof, the p~evailing party shall be entitled to recover from the los inq party re.asonable expenses, inclucHng attorni:"'Ys' 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 pa:."ties hereto, e.<cept as may be expressly provided elsewhere in this Agree!tLent. IN WITNESS WHEREOF, the parties hereto have executed this preliminary .~9reement on the day ar.d year first above written. CITY: LACE MUSEUM~ CITY OF PALO ALTO BY:~~=-________________ ___ Mayor IlaE.ASES.11OL WW$ 11 ATTEST: By:~~~~~ ______________ __ City Clerk APp~OVED AS TO FORM: Ey :=--;===~=~===_:": Sr. Assistant City A~torney RECOMMENDED FOR APPROVAL: By: ;D~i~r~e~c~t~o~r~.~P~l'a~n~n'i~n~q~a~n~dc----- Community Environa~nt By: =D~i-r-e-c~t~o-r--o~f~F=1-.·-n-.-n-c-e----------- By:~------~~~--~------Manager. Real Property 8y:~~~--__ --------------Risk Manager Attachments: Exhibit I: Lease By' ____________________ __ Its: __________________ ___ Exhibit II: Exhibit III: Plan for Care and Maintenance Of Property During Option Term Historic Resources Report 12 tlCl{IBIT I LEASE I Pro j ect: WJLLI1)MS PROPERU 351 Homer Avenue This Lease is made this day of • 19 by and between the city of Palo Al~munlcipal corporation (CITYj. and The Lace Museum, a non-profit California Corporation {TENANT). RECITALS l~ On January 13, 1992, CITY accepted Rhona williams' bequest cf the real propc::rty and improveI:lents located at 351 Horner Avenue, Palo Alto, California, commonly referred to as the ·Williams property". an-j more specifically described and sho ... n on Exhibit IojB n to this Lease, which is attached hereto and incorporated herein by this reference (tr.e "PREMISESft). 2. Under Rhona williams' "'ill .. the bequest is subject to the conditions that the PREMISES be us.ed for park or cultural purposes, or a combination thereof, and that the PREMISES be name~ as a memorial to Rhona Williams' parents, Dr. Tnomas M. Williams' and Dora Moody williams. 3. on , 1993, CITY entered into a Preliminary Agreement ~ith TENANT (the -Preliminary Agreement-) r under which TF .... 'lJl._NT agreed to secure all necessary CITY approvals and permits in order to exercise its option T.O lease the PREMISES (the ~optionn}, construct improvements and operate the PREMISES as described in Exhibit "e" to this Lease, which is attached hereto and incorporated herein by this reference. (the "?rojectftj. 4. The development and operation of the PREMISES under the project sati3fies the use requirem~nts of Rhona Williams' will and provides public benefit. S. TE:NAN'I' has satisfied all the condit.ions set forth in the Preliminary Agreen'.ellt I and no"" desires to ex~rcise the Option and lease the PREMISES from ClTY to perform the Project. Ei. CITY desires to leasE the PREMISES to TENANT for TE."lANT's development and operation of the PREMISES und~r the Project, in a~cordance with the terms an~ conditions set forth below. 1 ., • J. I .•...... Now, the:refore, in consideration of these cOVEnants" terms e.nd conditions, the parties hereto mutually ~gree as follows: I. PURPOSE The purposE of this Lease is to allo"" TENANT to perform the Project as described in .Exhibit !!Ie", by developing and operating a park and center for the historic arts, open to the public, on the PREMISES according to the terms and conditions of this Lease. II • PREMISES Subject to the terms and conoition.s. s·et forth in this Lease, C!TY hereby leases the PREMISES to TENANT. TENANT hereby lea.ses the PREMISES from CITY for the purpose of i~plementing the project ~na shall comply with the requirements set forth under Clause III {REQUIRED AND OPTIONAL SERVICES Ao-':O USES) o! this Lease. III •. REQU!RED Al'JD OPTIONAL SERVICES AND USES In furtherance of the purpos~s stated above, and as set forth in Exhibit C, the following required and optional ser ..... ices and uses shall be provided, pennit:ted or p:-ohibited on the PREMISES; A. B. Throughout the term of this L~dse the follc~ing services~ activities and uses on the 1. Restoration of the house and garden located on the PREMISES, ... ·ith the house and garden to be open to the public; 2. nisplays!exhib.its of lar::e, ..... omen/s history, local history, and historic house preservation; 3. Docent-led and self-guided tours of the cisplays and of the restored house. garden, kitchen and doctor's office located on the PREMISES; 4. Workshops, classes and lectures dealing with lace, women's and local rlistol:Y, and thE: preservation of historic houses; 5. A lib't"ary provid.ing information on the history and making of lace, 'Women"s histor)r-. local l".istory and the preservation of houses; and 6. All activities shall be open to the public with specjal outreach programs to include schools. Permitted services anq Uses. services~ activities and uses uses shall also be pereitted, required services. activities In addition to the required set forth above, the following but only as incidental to the and uses: 1. Administrative offices an~ storage space to support the required services, activities and uses; 2. Fund raising activities only to support the required services, activiti~s and uses, including but not limited to sales of goods and gifts r~lated to the center for historic arts and the hasting of benefits and social activities; a::-td 3. Periodic rental of roor.-.5 and other portions of the PP.EHISES by community grQups and indivIduals, but in no event shall such re:r.tal be used for commer..:ial purposes and in no event shelll slJch rental interfere W'ith or limit the required services, activities and uzes of the PREMISES as set forth above. C. Opti.onal Services and Uses. Subject to the prior written approval of the city Manager, 'TENAJ"'T lllay also use the PRE...lo!ISES to provide additional services ana uses which are an~illary to and compatible 'With the required services, activities and uses stated above and not: in conflict with the required uses. Approval ot op~icnal U5es shall be within the sole discretion of the City Manager. D. Restricted Uses. The above listed services, activities and uses, both required and optional, shall be the only services, activities and uses permitted upon cr from the PREMISES. TENANT agrees not to use the PREMISES for commercial rmrposes or any other purpose not aulnorized herein or {n Rhona Williams' 'Will~ nor to engage in, or permit, any other activity within or fI"om the PREMISES. IV. TERM The term Qf this Lease .::;hal1 be twenty 1.20) }'ears. COltuT".encing on the first day ot the month follo~ir.g the date of execution of the Lease by CITY. V4 CONSIDERATION/RENT A. ~. As partial c~nside!"ation "for the lease-of the PREJiilSES, TE'NAl,fT agrees to pa.y to CITY One Dollar ($1.00) per year in accordance ",·ith Clause VIII (RENT PAYi1ENT PROCEDURE) hereof '. B. Non-Mouetar"i Cor.side:-ation. In addition to the rent set forth in subparagraph A above, TENANT agrees to develop and operate at no cost to CITY a park and center fQ:: historic arts consisten~ 'With clause I (PURPOSE) and Clallse III (REQUIRED AND OPTIONAL SERVICES ).ND USES) here-of. VI. CHARGE FOR UNAUTHORIZED SERvrCf.s AND USES TENANT shall pay CITY a :=i'urn equal to one hundred percent (100%) of the gross receipts for any se~vice cr use that is ~ot permitted or authorized by Clause III (REQUIRED ~~D OPTIONAL SERVICES AND USES) hereof~ Tne existence of such charge or the payment or receipt of money under this clause, does net constitute an authorization ~f a •• »9 I l I ' .. " .~~ : /'-, --. particular" service or usoe and do~s not c~nstitute a waiver of CITY's right to termina~e such service or use. VII. NON-PROFIT COMMUNITY ORGANIZATION BYLAWS' MEMBERSHIP Changes in restrictinns r rules, articles o! incorporation or bylaws of TENANT which change or modify the essential character or membership requirements of TENANT shall, prior t.o being put into effect, be ~eviewed and approved by the City Manager and the City Attorney. TENANT's rules, ~rticles of incorporation and bylaws, and any amendments thereto, shall be on file with the Real Property Manager throughout the term ot this Lease~ VIII. RENT PA¥MENT PROCEDURE A. ~ent of Bent. On or before each anniversary date of the term of this Lease, TENANT s,lall pay to CTTY the rent as set forth in clause V (CONSIDERATION/RENT) hereof~ B. Commencement of Obligation. TENNlT's obligation to pay the rent shall co~~ence upon the commencement of this Lease. c. ~ of Eayment~ Rental payments shall be delivered to the Revenue Collections Division, 250 Hamilton Avenue, PO 80)( 10250, Palo Alto, C~ 94)OJ. The designated place at payment may be changed at any time by CITY upon ten (10) days written ·~tice to TENANT. Rental payments ~ay be made by check made payable to the City of Palo Alto, howev&r, TENANT assumes all risk of loss if payments are made t".' tt.aj 1. IX. SECURITY DEPOSIT A security deposit in the som of Ten Thousar.d Collars ($10 1 0eO) shall have been provided to CITY by TENANT prior to or upon execution of the Preliminary Agreement. CITY shall retain the security deposit throughout the term of t~is Lease. The security deposit sh~ll have taken one of the forms set out below. A. Cash. B. The assignm-ent to CITY of a savings deposit held in a .financial institution in Santa Clara or San Mateo county acceptable to CITY. At a minimum, such assignment shall be evidenced by the delivery to CITY of. the original passbook rp-flecting the savings deposit and a ~ritten assignment Qf the deposit to CITY in a form approved by the City Attorney ana the Real Property Manager~ C. A Time C~rtificate of Deposit from a financial institution in Santa Clara or San Mateo County ""herein the principal sum is made payable to CITY or order. Both th~ financial institution and the form of the certificate must be appzo· ... ed by the city Attorney and the Real property Manager. 4 E F I I D. ; 1 A Letter 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 secu~e performance of the Lease t~rms, covenants .. and condi tio!1s, are on deposit and guaranteed for paymentl and agreeing that said funds shall be trust i~nds securing TENANT's performance and that all or any part shall he paid to CIT\· on order upon demand by CITY. EClCh the financial insti t'.ltiO:"l (5) and the form cf the instrumer;t{s) must be approved by the City Attorney and the Real property Manager. Regardless of the form in .... hich TEN:"''''''''!' elects to ;;n1!llce said ~eC'urity deposit~ all or any portion of the principal su~ shall be available unconditionally to CITY fot' -correcting any default or breach of this Lease incurre,d by CITY as <1. result of the failure by TENAN'r, its Successors or assigns, to faithfully perform all of th~ terms. cove~ants. and conditions of this Lease. Should TEN~~T elect to provide a 7ime Certificate of Ceposit~ Letter of Credit, or other instrument of credit, hereinafter collectively referred to as -INSTRUMENT", to fulfill the security deposit requirements of this Lease, the INSTRtJ"MENT shall contain a provision whereby the institution issuing the InSTRUMENT ag~ees to provide CITY 'With ~~itten notice of its intent not to renew the INSTRu~ENT at least thirty (30) days prior to expiration or termin~tion of the INSTRUMENT.. If TENANT has not provided CITY with at". acceptable alternate form of security deposit at least ten (10) days prior to e~piration or termination of the INSTRrJMENT~ CITY ~ay demand and obtain from the institution issuing the INSTRUMENT, the amount sec~red by the INSTRUMENT as satis~action of the security deposit provision of this Lease~ Should TENANT elect to assign the savings deposit to CITY, or provide an alternate INSTRUMENT I to fulfill the security deposit requirem.ents of this Lease .. the assignmer,t, or issuance of the INSTRUMENT shall have the effect of releasing the depositor or creditor tt,erein from liability on account of the pa}'Ollent of any or all of the principal sum to CITY or order upon de~and of CITY. The agreement entered into by TENJo. .. NT with a financial institution to establish the deposit necessary to rermit assignment or issuance of a certificate a5 provided above, may allo ... · the payment of inter-est accruing on account of the deposit to TENANT, or order. TEN~~ shall maintain the required security deposit throughout the Lease term. Failure to do so shall be deemed a default and may be qrounds for i:;runediate termination. of this Lease. The security deposit shall be rebated .. reassigned, released, or endorsed to TENANT on order, as applicable, at the end of the Lease term. provided TE.!-lANT has fl.411y and faithfully performe:d each and every ~erm, c~venant, and condition of this Lease .. R:afASES.II L2WMS 5 .', . "~ On each five-year anniversary date ot the comn'.en.cement of this Lease, the amount of the security deposit set forth above shall be aojusted according to the folloving formula: Where: R = SOr(S + ~,85(A -B)/B] R Revised security deposit. SD Initial security deposit. A. Averaqe monthly index for the 12 calendar months ending 'With and inclUding the index published j\!st prior to the month in which each s~curity deposit adjustment is to become effectivlE' .. B "'" Average monthly index for the 12 calendar months endinq with and inclucUng the index published just prier to cornrnence~Fnt of this Lease. In no event shall the amount of the revised security deposit be less than the initial security deposit. The difference between the initial security deposlt and the revised security deposit shall be due and payable to CITY ..... ithin ten (lO} days of receipt of a notice of revision of the security deposit from the Real prop€rty Manager. X, INITIAL CONSTRUCTION BY l'ElfANT A. Minimum construction a~d Timing. Commencinq upon the execution of this Lease, TENA.."IT sha.L an efficient ana workmanlike manner cause the Project to be cO!".structed and installed within the PREMISES, at no cost to CITY, f"lith appropriate improvements to adequately accommodate those services, activities and uses required by the Project under Exhibit C and Clause III (REQUIRED AND OPTIONAL SERVICES AND USES) hereof. The develop~ent plans prepared by TENANT and approved by CITY during the option p-eriod under the preliminary Aqree:r:lent. preceding ~xecuticn of this Lease, shall be a master plan fer development of the PREMISES, and tne construction dra~inqs prepared by TENANT and approved by the City Engineer and the Chief Building Official durir.q the same period shall be the plans, specifications. and time schedule for constructing such improvements. The approv-=d development plans ana construction draw'il'lgs are attached hereto as Exhibit "D~ and incorporated herein by this reference. Development proposed by TENANT in said Ma::;ter Plan may be scheduled in pha5~s if approved by the City Manager or her designee. B. Development Plans and Ccr.struction Drawings. All design and construction shall conform with the com.truction and e:rchitectural standards contained in Exhibit 0 and shall meet all other requirements contained in this Lease. 6 c. M ir'limum Cost 0 f Tmprovernen t s • constructed improvements shall Dollars ($150,OOO.OO}~ " Th-e mil'liml..!l'l'I value c>f TENANT' 5 be One Hundred Fifty Thousand D. ~sbestos in t~e Heating Du~ts. The CITY is av~re that the heatinq ducts located in the basement of the house located on the PREMISES contain so~e level of nonfriable asbestos containing material. TE~ANT s~all be solely responsible for any asbestos abatement ~r containrnen~ on the PR~ISES to tha e~tent required under all applicable federal, state and local building and safety cedes and regulations, ".no. shall fully comply vlth any applicable a~bestos notification requirements ur.der California Health and Safet.y C<Xie section 25915 et seq., as amended. E', CompliaMce vitLA.Q.A. All construction or improvement of the PREMISES shall comply ...... itb the. federal Americans 'With Disabilities Act of 1990, as amended. including any of such Act's implem.enting; regulations, as at'l:'.ended. F. Ce~tifica"e of Inspection. Upon complet.ion of construction of any phase of t_he Project. TENANT shall s:..lbmit to the Real Property Manager, a Certificate of Inspection, verifying that the construction was co~pleted in conformance with Titl~ 24 of the Califo~nia C~de of Regulations for non-residential construction. XI. ADDITIONAL COI'STRuCTION MD/OR ALTERATION SY TWM'T A. CITY's Consent. No additional structures, improvements. or facilities shall be-constructed) erectea, altered, or made wi~~in the PREM!SES without the prior ~ritten conse~~ of the City council if required by CITY p~ocedures or ordinances, or otherwise by the City Manager. B. Strict C:.2!TIPJiance '¥lith Dev~lopmet:t PI a T"'.s ane:! Cqrlstruction Drawingg. Any additicnal i~provcrncnts constructed by TEN&~T ~ithin the PREMISES shall be constructed in an efficient and w~rkmanlike manner an~ in strict compliance .ith tne approved development plans and construction drawings set forth in Exhibit ~on hereof. XIL TENANT'S ASSURANCE OF CONSTRUCTION COMPLETION Prior to commenCRment of this Lease and construction of the Project, or any phase thereof. TENANT shall furnish t.he 'Real Property Man.ager 'With satisf3ctory evidence that assures CITY that sufficient monies will be availiible to co~plete the approved construction. The amount of such assu,ance shali be at least the total esti'tr.ateti const.ruction cost that \las subndtted to and approved by CITV in accordance with the Prel irninary Agreement. 7 " • T ·.,." ', .. Evidence of such aSSl!rance shall ta;':e one of the forms set out be!o~ and shall guarantee TENANT's full and faith!ul performance of allot the ter~s, covenants, and conditions of this Lease: A • B. Completion Bond naming CITY as beneficiary; Performance and labor and material bonds, supplied by TENA.""lT's contractor or contractors, f=rovided the bonds are issued 'With both TEN~~T and CITY named as beneficiaries; C4 !r:--eyocable letter-of credit from a financial in::>titution naming CITY as beneficiar:n or 04 Any co~bination ot the above4 loll bonds and letters of credit must be issued by a company qualified to do business ir. the state of California and be acceptable to the Director of Finance and City Attorney~ All bonds ~nd lettoers of credit shall be in a form acceptable to the Directcr of Finance and city Attorney, and shall insure faithful and full obs~rvance and performance by TENANT of all of the terms, conditions, ~ovenant5, and agreements relating to the construction of improvements in accordellnce "'ith the development plans and cunstruction plans approved by CITY as set forth in this Lease. XIII. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to or destruction of TENANT-constructed or TENANT-improved buildings, facilities. or improvements located within the PREMISES, or in the Event TENANT-const~~ct~q or TD~~~~ il!!proved buildings, facilities, or improvements located iJithirl the PREHISEE are declared unsafe or unfit for use or occupancy by a public entity .ith the authority to make and enforce such declaration, TENANT shall, ~ithin thirty (30) days, commence and diligently pursue to completion the repair. replacement I or reconstruction of improvements necessary to permit full use and occupancy of the PREMISES for the purpo~es ~equired by this Leas~. Repair, replace~ent, or reconstruction of improvements within the PREMISES shall be accomplished in a manner 8nd according to plans approved by the city Engineer, the Chief Building Official and the Real Property Manager~ Except as otherwise provided herein, termination of this Lease shall not reduce or nullify TENANT's obligation under this paragraph. Notwithstandinq the foregoing, should the TENANT-constructed or TEN~VT-improved improvements on the PREMISES be more than seventy five percer',t {75\} destroyed or damaged by an insured loss during the last five (5) yea~s of the term of thi$ Lease, TE~~~T shall have the option of rebuilding or repairing such damage or terminating this Lea.se. TENANT shall notify the Real Property Manager in writing of its decision w-ithin ten (10) days 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 damage, TENANT shall demolish aMY remaining structures or portions of structures not desired by CITY and clean up any and all debris an=:! shall pay to CI'TY a pro-rata portion of che proc~ed.$ of insurance required in iacc?rdance .... ith Clause XVIII 'rNSUR.A.. .... C'E) here':Jt. The pro-ra~a ~ortion shall be based or. the following formule:: Where: L ~ P{R/T) L CITY's portion of insurance procseds. P Total insurance pro<:ee:ds paid exclusive -of demolition and. de:bris removal e)(penses. R Remaining term of the Lease. - T The total Lease term, including any extensions made in accordance .... ith this Lease. XIV. AS BUILT PLANS Upon completion of the Project. TENANT shall pr;ovide the Real Property Manager 'With a complete set of repr-oduc:ible tras built plans· reflecting actual construction .... 'ithin or upon the PF.E.'HSES. TENA..~T shall al;;c provide the P.eal PrOpErty Manager 'With a state~ent. signed by TENANT under penalty of pel:jury certified as "to accuracy and. of actual constructian costs for all such improvements. xv. O~£RSHIP OF IMPROVEMENTS All improvements constructed, erected or installed upon the PREMISES must Pe free and clear of all liens, claiU\,s. or liability for labor or ma~erial and shall become the property of CITY. at its election. upon expiration or earlier termination of this LeaSE and, upon City'S election, shall rem~in upon the PREMISES upon termin~tion of this Lease. Title to all equipment, furniture, furnishings and trade fi)(tures placed by TENANT upon the PREMISES shall remain L"l TENANT, and replacements, substitutions and modifications t.hereof may be made. by TENANT throughout the term of this Lease. TENMJT may remove su~h fixtures and furnishings upon termination of this Lease if TENANT is not then in default under this Lease, provided that TENANT shall repair to the satisfaction of CITY any damage tv the PREMISES and improvements caused by such removal and provided that u~ual and customary lighting, plumbing and heating fixtures shall remain upon the PREMISES upon terminati~n of this Lease. XVI. MAINTENANCE AND REPAIR TENANT, at its sale expense, shall perform all regular and extraordinary maintenance and repairs to the PREM!SES, including all painting and all maintenance of lan~scaped areas, necessary to 9 , .' . keep the PREMISES and all irn?rovements thereto in first-class order, repair and condition as -::onternplated under t:he approved d.evelopment pl~ns i!IInd cor.struction dra-..:ir:gs for the Project, throughout the term of this Lease. For purposes of contiTlued historic preservation of the PREMISES, TENANT shall co~ply with the maintenance plan and schedule descri.bed in Exhibit uE" attached hereto and incorporated t.erein by this reference. In addition~ TENANT shall maintain, at its sale expense, all equipment, furnishings and trade t ixtures upon the PREMISES required tor trle maintenarlce and cperation of the Proj~ct. TE..IIJANT .... aives the right to !!lake 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 a~d when any repairs~ alterations, additions or betterments shall be made by it as required by tl1is paragraph, it shall promptly pay for all labor done or materials furnished and shall kcgp the PREMISES free and clear of any lien or encumbrance of any kinO. ... hatsoever~ Should. TENANT fa.i 1 to !nake any repairs or perfon" any maintenance work for ~hich it is liable~ CITY shall have the option to make the repairs and TENANT, ~ithin ten (10) days of receipt of a bill the~efor rrom the Real Property Manager, reimburse CITY for the c:oeot of such !"epa irs, including a fifteen percent (15%) administrative overhead fee. The making of such repairs or performance of maintanance by CITY shall in no event be construed as a waiver of the duty of TENANT to maKe repairs or perfort:l ~aintenance as provided in this Clause4 rill. UTILITIES TENANT shall :be solely responsible for and shall pay. prior to delinquency~ all charges for 'Utilities supplied to troe PREMISES durinq the term of this Lease. XVIII. INSURANCE TENANT. at its sole expense, shall maintain insurance acceptable to CITY ir. full force and effect throughout the terDl of trois Lease. The policy Qr policies of insurance maintained by TEN.~T shall provide the following minim~m limits and coverag~s: POLICY MINIMUM LIMITS OF LIABILITY (1) WORKERS' COMPENSATION (2) COMPREHENSIvE AUTOMOBILE Statutory Bodily Injury LIABILITY. property Damage including owned, hired, and non-owned automobiles. < $1,000,000 ea. person $l~COO,OoO ea~ occurrence $l~DOO,OOO ea. occurren~e 10 (3) CO>rnERCIAL GENERAL LIABILI"l'¥ , Bodily Injl.lrr including Property Damage $1,000,000 ea. person $l,OOQ~OOO ea. occurrence $1,000,000 aggregate $1,000 1 °00 ea. occurrence products and completed operations, broad form contractual, and personal injury. (4) FIRE ~ EXTL~DED COVERAGE Not less than ninet}' percent (90%) of the replacement cost of all insurable improvements within or upon the PREMISES. Such policies must include water damage and debris cleanup provisions. Additional f ire and extended coverage must be obtained in accordance .... i th this clause upon completion of construction or installaticn of any major insurable improvement under the prnject. 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 con'tain the: follcn,,;ing clauses: 1. "This insurance shall not be cancalled, limited in scope of coverage or nonrenewed until after thirty (30) days written notice has be~n given to the: CITY Of' PALO ALTO/Real Estate Division~ PO Box l0250~ Palo Alto, CA 94~03.N 2~ -All rights of subrogation are her~by ~aived against the CITY OF PALO ALTG and the members of the City Council and e.lective or appointive of.ficers or employees, 'When acting within the scope of their employment or appointment." .3 ~ "The CITY OF PALO ALTO is named as a loss payee on the property i~surance polley described above.- 4. "The CITY OF PALO ALTO is added as an additional insured as respects operations of the named insured at or from the premises leased from the CITY OF PALO ALTO.~ 5~ "It is agreed t.hat any insurance maintained :by the CITY' OF PALO ALTO will apply in excE".ss of, and not contribute to, insurance provided by this policy.~ XIX. INSURANCE A. Certjficates of Insurance. TENANT agrees to deposit with the Real Property Manager, on or before the effectiVe date of this Lease, certificates of ~nsurance necessary to satisfy CITi that the insurance provisions of this Lease have bee.n complied with, and to keep such insurance in effect and the certificates therefore on deposit ~ith CITY during the entire term of this 11 < Leas,e. Should TENANT not provide evidenc2 of such required coverage at least three (3) days prior to the expiration of any existing inzurance coverage~ CITY ~ay purchase such insurance, on behalf of and at th9 sole expense of TENANT~ to provide six (6} months ~f ccverage. B. Review of coverage~ Crf'i sha.ll retain the right at any tiil!e to revielJ the ccveraqe, forTi', and a1:l.ol1nt of the insurance required hereby. If, in the Dp1nion of the Risk Manager, the insurance provisions in this Lease do not provide adequate protection tor CITY and for ~embers of the public using the PREMISES, the Real Property Manager may require TENANT to obtain insurance sufficient in coverage, form, and amount to provide adequate prDtection as determinad by the ~isk Manager. CITY's 't'equirements shall be reasonable and shall be dtesigr.ed to assure protection from and against the kind and extent of risk which exists at the time a ~hange in insurance is required. C. Changes in Coverag~. The Real Property MClInager shall notify TENANT in writing of changes in the insurance requirements. If TE1'IA..l.Jl' does not deposit copies of acceptable insurance policies with CITY incorporating such changes within sixty (60) days of receipt of such notice, or in the event TENAln fails to maintain in effect any required insurance coverage, TENANT shall be in default und.er this Lease without furt.her noti<::~ to TENANT. Such failure shall constitute a material breach and shall be grounds for immediate termination of this Lease at the option of CITY. O. No Limit of Liahility~ The procuring ot such required policy or policies of insurance shall not be construed to limit TENANT's liability hereunder nor t.o fulfill the indemnification provision and requi~ements of this Lease. Not~ithstanding the policy or policies of insurance, TENANT shall be obligated for the full and to~al amount of any dam~ge, injury, or less caused by or connected 'IoIith this Lease or W'i th use. or occupancy of the "REMISES. xx. ASSIGNING I SUBLETTING, AND ENCl~BERING PROHIBITED Since CITY has relied on the specific background and capabilities of TENANT in a~ardinq this Lease, except as set forth under Clause III (REQUIRED AND OPTIONAL SERVICES AND USES) hereof, any mortgage, pledge, hypothecation, encumbrance. transfer, subl~ase, or aSSignment (collectively re!~rred to as ENCUMBRANCE) of XENANT's interest in the PREMISES, or any part or portion thereof, is prohibited. Any attempted ENCtJ"MBRANCE 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 TENANT for.ms a new, nonprofit corporation to operate the PREMISES under the Project during the term ot this Lease, TENANT may request that the city Council provide its consent, in the City Council's sole discretion, to an aSSignment of this Lease to such nonprofit corporation. No such assignment shall be valid without CITY's prior consent as set forth in this Clause~ l2 --._------ +-•• " ".: Tn addit:ion, 'With the prior consent of the Cit:r cou.ncil, in the City council's sole discretion, TENANT ~ay sublease space on the PREMISES during the term of this Lease to other organizations ~ith similar goals for developing and operating the PREMISES as a park and center for historic arts~ TENANT shall accordingly file copies of any such subleases ~ith the Real Prope~ty Manager. XXI. DEFAULT It< TEF.MS OF THE LEASE BY TENANT A. ~ITY's Remedies on Default. Except as oth~rwise p~ovided under this Lease, should TENAh'T default in the pe"cform3nce of any covenant, condition, or agreement contained in -this Lease and !;uch default is not corrected .... ithin sixty (60) days of receipt of a notice of default from CITY/ CITY may: 1. Termina.te 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, includinq payment of rooney~ and the cost thereof, plus all re'lsonable administrati .... e costs, shall become immediately due and payable: by TENA.""T to CITY i 3~ Seek an action or suit in eq"oJity to enjoin any acts or things which may be unlawful or in violation of the rights of CITY; 4. Seek a mandamus or other suit, action or proceedinq at la'W or in equity to enfor~e its rights against TENfu~T, and to compel 'l'ENA.~T to perform and carry out its duties and obligations under the la'W and under TENAJ~T's covenants and a~Teement5 with CITY as provided herein; or 5. Pursue any other remedy available ~y law or specifically provided in other clauses of this [,ease. B. ~lative Remedies. Howeve~1 in the event of a default Which can not reasonably be cured within sixty (60) daysl TENANT shall have a reasonable period of time to cure ~~e default. Each and all of the remedies given ~o CITY hereunder. or by any law no'W or hereafter enacted; are cumulative and the e.xercise of one right or remedy shall not i!!lpair the right of CITY to exercise any or all other remedies. I~ case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken a~d then discontinued or abandoned, then, and in every such case, CITY and TENANT shall be restored to its and their former position and rights and remedies as if no such svit, action or proceedings had been brought or taken . •• c. ~vency of TENA~~. I~ additien to a violation or breach of any other provision of this Lease, TENANT shall be considered co be in default under this Lease should TENANT: 1. voltlntarily file or have involuntarily filed against it any petition und~r any bankruptcy or insolvency act or la~; 2 ~ ~ adjudicated a bankrupt; O!" 3. attempt to make a general assignment for the ber.E:=fi t of creditors. XXII. nOTIcES All notices, statements, demands, requests~ consents; approval~, authorizations, offers, agreements, appointr..ents or designations hereunder give by either party to the other, shall be in ~riting and shall be sufficiently given and served upon t~e other party if (1) personally serv~d, (2} sent by United States certified ~ail, postage~ prepaid, (J) sent by express delivery service, or (4) in the casE'! of a :racsimile, if sent to the to!lepbane number (S) set forth belolJ during normal business hours of the receiving party and followed 'Within 48 hours by delivery of hard copy of the material serlt by facsimile, in accordance 'With (l}~ (2) or (3) above. Personal se~ice shall include, ~ithout limitation, service by delivery s~rvice. and service by facsitl'.ile transmission. Delivery of notices properly addressed shall be deemed complete when the !lot ice is physically deliVered to the Real Property Manager or to James H. Dolier, Attorney for the Lace Huseurn~ All notices pursuant to this lease shall be addressed as set forth below or as either party may subsequently designate by written notice. TO, CITY TO, TIJialIT Rea 1 Property t-Ianagcr City of Palo Alto P~O~ Box 10250 250 Hamilton AVenue Palo Alto# CA 94303 FAX, (415) 329-2<68 with a copy to: City ClerK, City of Palo Alto P.O. Box 10250 250 Hamilton Avenue Palo Alto, CA 94303 FAX' (415) 329-2646 and The Lace Museum c/o Dozier & Dczier 180 Seco~d Street Los Altos CIo. 94022 14 -:t. . ' city Attorney, City of Pale Alto P.O. Box 10250 250 Hamil ton _~venue Palo Alto CA 94303 FAX: (415) J2~-2646 XXII!. ATTACHM~TS TO LEASE ", -.•.. This Lease includes the !o11o~ir.g exhibits, ~hich ar~ attached hereto and by this reference incorporated into this Lease: Exhibit A -General Conditions Exhibit B -Description of Leased Premises Exhibit C -Description of the Project Exhibit D -Development Plans and construction Dra,dngs Exhibit E -Lon; Term Maintenance Plan and Schedule for Pre~ises The inclusion of clauses in Exhibit A (GENERAL CONDITIONS) is not in any way intended to lessen the impo~tance of these clauses. but is merely done to enh~nce the organization of various clauses and this Lease. IN WITNESS w"HEREOF, the parties have executed this Lease the day and year first above written. CITY: CITY OF PALO ALTO (LESSOR) BY:~ __ ~ __________________ __ Mayor ATTEST: By: ~C~i~t~y-~c~l-e-~~kc------------- APPROVED AS TO FORK: By: Sr. Asst. City Attorney TENA..V'I': THE LACE MUSEUM 8y: __________ _ Its: By: ------- ItS:~~~~~,,----------(Corporate Seal) , 15 PROPERTY DEscaIP~ION APPROVED! BY:=-~~~~~~~ __ ~ __ __ Publjc Works/Engineering aECOMMEND£D FOR APPROVAL: By: ci ty Manager By: ~D~i~r~e~c=t~o==r~o~f~P~l~.~n~n~i~n~.q:-.==n~dC--- community Environment By: O~i~r~e~c=t~c=r=-~o~f~F~,"=n~a=n~c~e:----- BY:~~~ __ ~~-= ____ ~ __ ___ Manager~ Real Property BY:=>~~~, __ ~ ____________ __ Risk Manager EXHIBIT A GENERAL CONDITIONS 1. DEfINITIONS crTY shall Mean the City Council of the City of Palo Alto, a municipal corporation~ The City Manager is hereby authorized to take any actions under this Lease on behalf of CITY except for termination or this Lease. Clauses in this Lease refer to specific officers c!' employees of CITY. S~ould these positions be elimina~ed 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 ..... ith the responsibilities of aTly eli:ninat..ed position. Any reference to a Cit}" officer or etllployee includes a reference to the officer's or employee's designated representative. 2. PARTNERSHIP/CORPORATE AUTHORIT~ , LIABILITV If TE~ANT is a partnership, each gener~l partner: A~ represents and 'Warrant.s that the partnership is a duly qual ified partner.ship authorized to do busirless in Santa Clara county; and B. shall be jointly end severally liable for performance of the terms and provisions of this Lease. If 'TENANT is a corporation, each individual signinq this Lease on behalf of TENANT represents and warrants that; A. he is duly authorized to do so in accordance. witt-.&-an. adoptee! Resolution of TENANT's Board of Directcrs or in accordance with the Byla~s of the corporation; and B. TENANT is a duly q\lalified corporation in the state of California. As used in this Lease, the ter.n !lTENANT~ shall include TENANT, its officers, agents, employees, sublessees, concessionaires, or licensees, or any person acting under contract with TENANT; however, the definition of TENANT used herein shall not be construed to authorize or permit any sublease cr licenses not authorized or permitted elsewhere in t}'ds Lease. The of TENANT is hereby authorized to take any actions under th~s Lea:;;e on behalf of 'l'ENAllT except for termination of this Lease. 17 3. TIME Time is of the essence of this Lease . ..4 ~ SIGNS TE."lA.'l1' agrees not to construct, maintain, or al10'..' any sign placed upon the PREMISES except as may be approved by Unapproved signs, bann~rs or the like maj' be removed by CITY. 5~ PERMITS AND LICENSES to be CITY. TENANT shall be required to obtarn any and all permits and/or licenses .... hich may be required il'l connection with the operation of, and any approved TENANT construction 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 loIith construction, repair, alteration, or installation of structures, improve~ents, equipment, or facilities within the PRL~ISES, and from the cost of defendinq against such claims, including attorney¥s fees, TENANT shall prOvide CITY with at least te~ (10) days written notice prior to conuuencement of any 'Work which could give rise to a mechanics lien or stop notice. CITY reserves the right to enter upon th.e P.R£MtSES for t~.e purposes af posting Notices of Non Responsibility. .In the. event a construction, either: lien is imposed upon the PREMISES as a result of sur.h repair, alteratiol"l, or installation, TENANT shall A. Record a valid Release of Lien; or B. Oeposit sUfficient cash '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 judg~ent holder that may arise as a matter of public record from litigation 'With regard to the lienholder claim; or C. Procure and record a bond in accordance vith Section 3143 of the civil code, which releases the PRR~ISES from the claim of the lien from any action brought to foreclose the lien. Should TENANT fail to accomplish one of the th~ee optional actions within fifteen (15) days after the filing of such a lien, the Lease shall be in default and ~ay be subject to irnm~diate termin~tion. ~111.ZWM5 18 7. LEASE ORGAJHZATION" Ja.ND RULES OF CONSTRUCTION Words of the rr,ascul ine gender shall be deemed and construed t.o include correlative words of the feminine and ne~teL genders. Unless tbe context otherwise indicates, ~ords importing the singular number ohall include the plural number and vice versa, and ... ·ords importing per~ons shall include corporations and associations, including public bodies, as well as natural persons, The terms "'hereby· I "hereof'lt, "hereto K , "herein" j "hereunder" and any si~ilar ~erms, as used in this agreement, refer to this agreement~ All the terms a~d provisions hereof shall be construed to e!f~ctuate the purposes set forth herein, and to sustain the validity hereof~ The titles and headings of the sections of this agree~ent have been inserted for convenience of reference only. are not to be considered a part hereef and shall not in any ... ·ay l't',cdif:r' or restrict any of the terms of provisions hereof or be considered or given any effect in construing this agreement or ani provision hereof in ascertaining intent~ if any question of intent shall arise • .., ~ AMENDMENTS This Lease sets forth all of the agreements and under5tandin9~ of the parties and any modifications :must be. .... ·ritter: a;-l.d properly eAecuted by beth parties. Th.e Prelin-,inary Agreem2nt~ entered into on ===-====--;::-::--=' 1993. by and between TENANT and CITY, is hereby superseded by this Lease. 9. UNLAWFUL USE TENANT agrees that no improvements shall be erected, placed upon, operated~ r..or maintained within the PREMISES, r:;or any activ~ty conducted or car-ried on therein or therefrom, in vlolation of the t~rms of this Le~se. or of any requlation~ order of law, statut~~ or ordinance of a governmental aqe~cy having jurisdiction over TENANT's use of the PREMISES. 10. NONDISCRIMINATION TEN~VT and its employees shall nut discriminate against any person because of race, color ~ religion, ancestry, age, sex~ national origin, disability or sexual preference. TENANT shall not discriminate against any e~ployee or applicant for employment because of ~ace, color, reliqion, ancestry, sex, age, national origin, disability or sexual preference. TENA.."l'T covenants to meet all requireme_nts of the Palo Al to Municipal Code pertaining to nondiscrimination in employment. If TENANT is found in violation of the nondi.scrimination provision of the State of Cali tornia Fair Employment Practices Act '?r similar previsions of federal law or executive order in the conduct of its activi~ies under this Lease by 19 / .' the sta~e,of California Fair Employment ?ractices Commission or the equivalent federal agency or officer, it shall thereby be found in default un~er this Lease~ and s'..lc'h dafault shall constitute a material breach C)f this Leo-sa. CITY shall then. have the f-Ower to cancel or suspend t.his Lease in 'Whole or in part. 11. INSPECTION CI~¥'s ,emplcyees and agents shall have the right at all reasonable times to ins~ect the PR~~rSES to determine if the provisions of this Lease are being compliea ~ith. 12 • HOLD HARMLESS TZN~T hereby waives all claims~ liability and recourse against CITY including the ri9ht of contribution for loss or datlage of or -to persons or property arising froID.. qro"'ing out of or in any way connected W"ith or related to this Lease. TENANT hereby agrees to protect, indemnify, hold harmless and defend CITY. its Officers, egents, and employees ~gainst any and all claims, liability, de~ands, damages, cost, e~penses or attorneys' fees arising out of the operation or maintena.nce of or construction on the PREMISES, or TENAt.""T's performance or nonperformance ot the terms of this Lease. In the event CITY is named as co-defendant, TENANT shall notify C!TY of such tact and shall represent CITY in such legal action unless CITY undertakes to represent it.self as co-defendant in such legal action, in which ev~nt TENANT shall pay to CITY its litigation costs, expenses and a~torneys' fees. 13. TAXES AND ASSESSMENTS This Lease may create a possessory interest vhich is suhjeGt to the payment of taxes levied on such interest. It is understood and agre~d that all taxes and assessments (including but not limited to the possessory interest tax) which become due and payable upon the PREMISES or upon fixtores, equipment, or other property installed or constructed thereon I fit-all he the full responsibili t~{ of T>E'NANT and TENN1T shall pay the taxes and assessments prior to delinquencY4 14. SUCCESSORS IN INTEREST unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind tne heir6, successors, executors, ad~inist,ators, and assigns of all the parties hereto, all of ~hott 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 requireo hereunder by reason of acts of God, restrictive governmental la"",'s or rE'gulations, or other cause without fault and beyond the control of the party obligated {financial 20 u ....... inabilit".y excepted), perfornance c·t such a.ct shall be excused for the period of the delay and the period for the pertorrna~ce of any such ~ct shall be extended for a period equivalent to the period of such delay. 16. PARTIAL INVAlIDITY If any term, covenant. condition I or provision of this Lease is determined to be invalid, void, or unenforceable, by a court of competent jurisdiction, th~ remainder of the pro'llsio!ls he.reof shall remain in full force and effect and shall in no way be affected, impaired, or-invalidated thereby. 17. WAIVER OF RIGHTS The failure ot CITY or TEN~~T to insist upon strict perform3nce of any o£ the terms, covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy 'that CITY or '!ENAN'I' may have~ and shall not be deemed a waiver of the right to require strict performance of all the terlt:s. covenants, and cor.ditions of the Le.ase thereaf~er, nor a vaiver of any remedy for the subsequent breach or default of any term, ccvenant., or condition of the Lease. 18. COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT In the eVt!nt either CITY or TENANT conl!nences legal action against the other claiming a breach or default of this Lease. the prevailinq party in such litigation shall be entitled to recover from the other cost of sustaining such action, including reasonable attorneys' fees, as m2y be fixed by the Court. 19. RESERVATIONS TO CITY The PREMISES are accepted -as i5-and ~where is· by TENANT subject to any and all existing easements, and encumbrances. CITY reserves the riqht to install, lay. cQnstruct, maintain, repair, and operate such sanitary sewers, crains z storm water sewers~ pi?elines, manhol~s, and connections; water, oil. and gas pipelines; telephone and telegraph power lines i and the applications a!1d apPI.l::,tel".ances necessa.ry or convenien~ for connection there~ith, in, over, upon, through, across ar . .Q. along the PREMISES or any part t.he.reof .. and to enter the PREMlSES for any and all such purposes. CITi also reserves the riqht to grant franchises, easements, rights ot ~ay, and permits. in. over, upon, through, across .. and along any and all portions of the PREMISES. No right reserved b)~ CITY in this clause shall be sa exercised as to interfere unreasonably with TENANT'G operation hereunder. CITY agrees that rights qranted to third parties by re~son of this clause shall contain prOVisions that the surface of the land shall be restored as nearly as pri9'.cticable to the original condition upon the co~pletion of any construction. 21 20. HOLDING OVER In the event TENANT shall continue in possession cf ~j'le PREMISES after the term of th~ 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 TEN'ANT abandons the PREMISES or is d.ispossessed thereof by precess of law or othendse, title to any personal property belonging to TENANT and left on the PREMISES forty-five (45) d~ys after such abandonment or dispossession shall be deemed to have been tr3~.sferred to CITY~ CITY shall have the right to remove and to disp~se of such property 'Without lia'bility trl.erefor to TENANT or to af1~r person claiming unde~ TEN;U~T, and s~all have no need to account therefor. 22~ QUITCLAIM OF TENANT'S INTEREST UPON TERMINATION Upon termination of this Lease tor any reason, including but not limited to termination because of default by TENANT~ TENANT shall, at CITY's request exec~te, acknowledge and deliver to CITY within five (5) days after receipt of written demand thE~eof. a good and sufficient deed whereby all rights, title, and interest of TENANT in the PREMISES, is quitclaimed to CITY. Should TENAlIT fail or refuse to deliver the required deed to CIT'!', CITY may prepare and rscord a notice reciting the failure of TENANT to execute, acknowledge and deliver such deed and the notice shall be conclusive evidence of the terminati::m of this Lease, and of all right of TENA..·· .. T or those claiminq under TENAN'I' in and to the PREMISES. 23. CITY's RIGHT TO RE-ENTER TENANT agrees to yie.ld and peaceably deliver possession of the. PREMISES to CITY on the date of termination or this Lease, 'Whatsoever the reason for such termination. upon giving written notice of termination to TENANT, CITY shall have the right to re-enter and take possession of the PREMISES on the date such terIDination becomes effective 'Without further notice of any kind and without institution of regular legal proceedings. Tenninat.ion of the Lease and re-entry of the PR~~ISES by CITY shall in no way alter or diminish any obligation of TENANT under the Lease terms and shall constitute an acceptance or surrender4 TENA.'fi' waives .!kny and all rights of redemption under any existing or future law or statute in the event of eviction from or dispossession of the PREMISES for any reason or in the eve~t CITY re-enters and la ...... !ully re-takes possession of the PRE."1ISES. 22 - --; .. 24. CCNFLICT OF INTEREST TENANT warrants and covenants ~hat no official or employee of CITY nor any business entity in which any official or emplo}'~e of CITY is interested: (1) has :been employed or retained to solicit or aid in the procuring of this Lease; or (2) will be employed in the performance of this Lease ",ithout the divulgence cf such fact to CIT'i. .In the event that CITY determines that the @employment of any sucb official, err.ployee or b .. .:siness entity is net compatible with ouch official's or employee's duties as an ofiicial or e::nployee of CITY, TENANT upon request of CITY shall immediately terminate such employme.nt. Violation of this provision constitutes a serious breach of this Lease and CITY may te~inate this Lease as a result of such violation. 25. EM!NEN~ DOMAIN In the event the ~hole or any part of the PREMISES are condemned by a. public entity in the lawful exercise of its power of eminent domain, this Lease shall ce~se as to the part condemned. The date of such t~rmination shall be the effective. date of possession of the 'Whole or part of the PRF.MISES b~{ the condemning public entity. If only a part is condemned and the condemr.ation ¢f that part does not substantially impair the capacity of the remainder to be used for the p';J.rposes required by this Lease, TENANT shall continue to :be bOUlld by the terms, covenants and conditions of this Lease. HoW'e ..... er t the then current mini1!lum annual rent shall be reduced in proportion ttl the relationship that the compensation paid by t.he cOr'\demnin9" public er .. ~ ty for the portion condemned bears to the value: of the entire PREMISES as of the date of possession of the part condemned~ If the condemnation of a part of the PREMISES substantially impairs the capacity af the remai1~er to be used for the purposes required by this Lease, TENANT may: A. Tenninat.e this Lease and thereby be absolved of obligations unojer thi!! Lease which have r10~ accrued as of the date of poss~ssicn by the conaerr.ninq public entity; or S. Continue to occupy the re"maining PREMISES and thereby continue to be bound b:,r the terms, covenants and condi tions .of this Lease. If TENANT elects to continue in possession of the remainder of the PREMISES, the then current annual minimul!\ rental shall be reduced in proportion to th~ relationship that the compensation paid by the condemning 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 ~ithin thirty {3D) days of possession of the part condemned by the condemni~g public entity. 23 r CITY shall be entitled to and shall receive all compensation related to the cond3mnation of all or part of th~ PREMISES by the exercise of eminent domain except that TEN&~T shall be entitled to that portion or the compensation which represents the value of the TENANT constructed improvements for the rernainde~ of the Lease term. The amount to which TEN.~T shell be entitled shall not exceed the actual cost of imprDvements constructed by TENANT reduced in proportion to the relationship of the remaining Lease term to the original Lease term, using a straight line approach. 26. CHANGES IN PRICE INDICES Clauses contained in this Lease may provide for adjustment based on the Con~U<ll.er Price Inde.}(, component ir.dices, or other indices. Should these indices be changad, altered cr cease to be published r the foll~win9 conditions shall apply~ A. If th..:: subject. index is changed so th2't t.he base year differs from that used as of the month in which the term commences, the subject. index shall be convert.€d in accordance vith the conversion factor published by the publisher of that index, B. If the subject ind@x 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 PREM!SES is subsequent to acquisition of the PREM!SES by CITY. TENANT further underst~nds and agrees that as a post-acquisition tenant, TENANT is not eligible and furthermore waives all claims for relocation assistance and benefits under federal, state or local la~. 28. HAZJi...RDOUS St"BSTANCES A. Definition. As llsed hereir., the term "Hazardous Materials· means any substance or material which has been determined by any state, federal or local governmental authority to be capable of posinq risk of injury to health, 5afety. and property, ir.cluaing petroleum and petroleum products and all of those materials and substances designated as hazardous or toxic by the u.s. Environmental protection Agency, the california. Water Quality Control Board. the U.S. Oepartment of Labor, the California Department of Industrial Relations r the California Department of Health services r the California Health and Welfare Agency in connection with the Safe Wat£r and Toxic Enforcement Act of ~9SE, the U.S. Department of Transportation, the u.s. B. .' --'. .-"'. ;"'-, Department of Agriculture, the U.S. Consumer Product Sa.fet.y Cot:'..mission, the U. S. Department cf Health and Hu:nar: Services, the U. S. Food and Drug Administration or any Qther gcvernmental agency now or hereafter authorized to regulate materials and substances irl the environment~ Without limitinq the generality of the foregoing, the t.erm "Hazardeus Materi~ls'lr shall include all of those materials and substances defined as "toxic material!S" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, as the same may be am~nded from time to time. TIN>.N'T~s Use of PREMISES. During the term of this Lease, TENANT sh?llil abide and be bound by aj"l of the £0110;,;i"g requirel!lents! i. TENANT shall comply 'WIdth all lair.'s no,", cr hereafter in eff~c~ relating to the use of Hazardous M~terials on, under or about tl1e PREMISES, a!1d TENANT shall not contamir.ate the PREMISES, or its subsurfaces, It'ith ani~ Hazardous Materials. ii. TENANT shall restrict its use of Hazardous Materials at the PREMISES to those kinds cf materials tha~ are normally used in constructing the project, Disposal of any Hazardous Materials at the Fremises are strictly prohibited. storage of such permissible Haz.ardous Materials is allo\oled only in accordance with all appli~able laws now or hereafter in e~fect, 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 solely ar.d fully responsible for t.he reporting of all Hazardous MaterialS releases to the appropriate public agencies, ~he~ such releases are caused by or result from TENANT's activities on the PREMISES. TE.~ANT shall immediately inform CITY of any release of Hazardous Materials, 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 liable for such re.leases at the premises, or into CITY's sewage or sto:::-m drainage systems. TENANT shall take all necessary precautions to prevent any of its HaZ3=dous Materials from entering into any storm or sewage drain system or from being released on the Premises. TENANT snaIl ~emove releases of its Hazard~us Materials in accordance ~ith all la~s. In addition to all other rights and remedie:s of crT¥ hereunder, if the release of Haz.ardous ~aterials R.a.£.oU.£S L'tzW1oIS 25 ,<",;,., > \' \ : . ---- caused by TENAN1' is not removed by TENANT ~.rrithin ninety (90) days after aiscovery by TEN~~T, CITY or any ot.her t.1"'.ird party, CITY may pay to have the same rl:!moved and TENANT shall reimburse CITY for such costs within five (5} days of CITY's demand fer pai"1l'.-ent. v. Not~ithstanding Section 12 of this Exhibit A, TENANT shall protect., defend, indemnity and hold harmless CITY from and against all loss, damags} or liability (including all foreseeable and unforeseeable consequent.ial damages) and expenses (including, without li~itation, the cost of any cleanup and remediation of Hazardous Mater.1.al,s) · .... hich CI1'Y :may sl,;,stain as a result of the presence or cleanup of Hazard~u5 Materials o~ the PREMISES. vi. TENANT" 5 obligations to CITY under this Clause 28 shall include: a, TEN}. . .N"I" s obl igatioJ1 anj. responsibility under Clause 4 (el of the Prelirnjnary Agreement to remove the underground fuel tank existing on the PREMISES and to accompl ish 15on:; associated cleanup or remediation of the PREMISES that may be necessary as a result of the presence of said fuel tank. subject to the limitatic,n of TENANT's liability £or such tank removal and :remediat.ion as set forth under Clause 4 (C) of the Preliminary Agreernl:!nt; and ·b) TENANT's obligation and responsibility under-Clause X (0) of this Lease to abate or contain any asbestos containing material that may be presl:!nt in the heating ducts of the base1t.ent. of the housl:! or else .... here on the PREMISES. vii. TENAh~'s obligation under this Clause shall survive the expiration or earlier termination of this Lease. 29. ALL COVENANTS ARE CONDITIONS ~ll prOVisions of the Lease are expressly made conditions. 30. PARTIES OF INTEREST Nothing in this agreement, expressed or impli~d, 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, condition or stipulations hereof. All covenants, stipulations j promises and agreements in this Lease shall be for the sole and exclusive benefit of CITY and TENANT. 31. RECORDATION OF LEASE Neither CITY nor TENANT shall record this Leasei however, a short fo~m memorandum of Lease may be recorded at CITz's request. "A.P.NO.120-16-58/67 PREPARED BY: BY: J. D. KIEHL CHECK BY.,.: J. BOURQUIN REVIEWE:> BY: J. RE!U.E~ DATE : FEBRUARY 5, 1992 t.tGO[ PESCRIETION PIIRCEL 1 All that real property in the City of Palo Alto., County of Santa Clara, State of Cali~ornia described as follOWS, Beginning at a Point on the north~e5terly line of Homer Avenue. said point being a distant thereon 100 teet southwesterly from 't.he int,erse.=:tion of the souttJIIJl!sterly line of Waverley Street 1o:ith the north~esterly line of Homer Avenue; Thence southwesterly 150 teet. along the northwesterly line of Homer Avenue; Thence at right Olngles northwesterly 210 feet artd p~rallel with Waverley Street; Thence at ri9ht angles ncrt~easterly 100 .teet and parallel with Hoeer Avenue; Thence at right angles southeasterly 30 feet and parallel with Waverley Street: Thence at right angles northeasterly 50 feet ana parallel with Homer Avenue; 'l'hence at riqht angles southeasterly 180 feet and parallel with Waverley Street, to the Point of Beginning. Being a portion of Lot 3 and 4 o~ Block 23, as shown en the Map of University park, recorQed in the office of the County r~corder of said county of Santa Clara, state of California, in Book -D" of HapSt at Paqe 69. Containinq 30,000 square feet more or less. EXHIBIT B END OF DESCRIPTION ,I.' I . ...:" : , '. / " , ~" , I ,( , , - I 'y' , i~ ". t 1- 0 I I C!'" J L ___ ~ __ ---=F. -, :"~'l.F) .!~.: .•• ·,r:"C~!1' ,J !.: '",,:' : Ilr ... ~[, l' ~ .... <: :,"! G:'-l.!.:!.$. __ _ :,,,,,11[ r~!, .. :.t;:: ~ . .r: .: ", , , :.IH '.0' \o'i;':. 'u:n', BOJk' .--. - - L ,," , ... " ~ .. ! " ~ ~ , ~ • § ~: ~ ~ < ~ < w ., :~'::;I T'r' ;'AF>'~· 0' "",L=:, ,:. T P':':;E / EXHIBI'I' C (to Lease) , .. ' • PROPO~...!m..h HrSTORIC I?RESER,,fATION AND DEVELQPM'E'NT OF PROPERTY 1. Webster's concepts, etc. of a New World pictionary defines CUJ ... TURE as lithe habits, skills, a!:'"t.s~ instruments, institutions, given people in a given period, civilization." The Lace Museum 'Will rehabilitate the house, garage, and gardens to reflect the culture of this coro.ro.unity dur-ing its formative period in the earliest decadoE!s of its founding. The Historic Architect identified this on pages 4 and 5 of his report as the prime historic importa~ce of this property. No pr09ra~atic built additions will be made to ~his property. We ask th'S City to dedicate the property as park ar.d apply to the Santa Clara Histc.'rical He!"itage COI:l!:1ission for $100~ 000 in grant monies for our improvement£. This is the g:-ant progran-. that funded the Harbcrmastc:r Adobe reh1:llbilitation. O~r use of t!1e property ...... ill fulfill Ms Williams' wishes as stated in her ",ill that the prcperty be used fOl:" cuI t.ural activities and park purposes. The PREMISES ~ill be nameQ the Dr4 Thomas M. Williams and Dora Moody Will~a-rr,s Center for the Hist.oric and Cultural Arts. 2. The house wi:l be restored tc demonstrate the "iCe style of this fa~ily as to the _ctice of ~edjc~nel domestic architecture and garden dev~lopment through tours, workshops, training, and research activities, thus honoring the Williams family in more than name on."ly. The house Yill be largely furnished in period antiques from The: Lace M'.lseu:n's collection valued at $50,000. The restored gardens ,"'i 11 be freely aVailable to the community during the Ce;1t.er's hours of operatio", a ctir'.llT\U!<1 of six da}~s. per we~k. The house and gardens ~ould also be utilized for events and as an educational tool to i~terpret the co~~unity's history as to ho.., 1 ife \oI6S lived. The Lace Museum's collection of textiles has been appraised as fine art at $1 million. It ",ill be stored and displayed in the house. With the City Council's pe~ci5sion, other organi2ations 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 va.luable resource tor O\.lr schoolchildren and their teachers. .. .. - . , , i ! , ~ , • 3. 4. 5. / We hope tbis property can become a s:~holic focus at the time of Palo Al~o's Centennial celehratio~ . "l'he retention and rehabilitation of the property as it stands with no built progr~atic additions is a usage that requires minimal change with no loss of historic character and ~ill fulfill The Se~~etary of the Interior's Standards for Re'b.a:bilitat:ion of historic propert.ies to the letter. Fu-~ermore, the development plan will satisfy the guidelines set by the Historic Resources Report as referenced in the RFP and the Prelimina~i Aq:eement and go beyond it in preserving the medical wing. A caretaker-'W'ill be in residence and volunteer lIlaintenance crews from our or9'anizations '.-ill secure and care for the property during the option periccl 'Under the preliminary Agreement. O~ modifications to the property will be minimal and cnly to 5atisfy the necessary requirements resulting (rem"its new use an~ to satisfy the City's specific requi~e~ents. We propose a cap of $25,000 on our costs of removing the gas storage tank and spillage clean-up due to the uncertain nature of this wor-k. Co~ts exceedinq this amount would tr iqqer a renegotiation with the City, as set forth in the preliminary Agreement .. The main floor of the residence will be used for our public access programs; such as, museum, resource ccllections, tours, 'Workshops, e.vents and training_ Handicap accessibility to this floor by ramp rrom t~e parking area ~ehind the house and & conforming toilet room, halls and doorways will :be provide-d. We plan to locate necessary toilet rooms within existing spaces of lesser historic importAnce and retain the configuration of the medical wing to a qreater degree than suggested in the Historic Resources Report. The. second floor will serve as storaqe tor collections ana otficC!.$ relate.d to the principal use of the property. The occupancy will not exceed nine pe.rsons and not trigger the code requirement for e second stair, nor does this proposed usage require an elevator. Th~ 9'arage will be braced and used ~or outdoor storaqe as SU9gested in the Historic Resources Report. We will pour a perimeter foundation and slab, shoring the garage a section at a tim.e to ol::;viate the need for lifting it, and then use structural connectors and shear panel installation as nec;essary.* ------.... _-- 'I"he. existing driveway, req'.J.ired parking area behind the residence. and the historic .garden paths 'Will be resurfaced usinq decomposed granite as sU9qested in the Historic ResQurces Report. This mate~ial is residential in character, water permeaQle, and has he en used similarly in the City and at Stanford tor many years. The flower, vegetable and herb qardens, the orchard and t~e wisteria trellis viII be ret.ained~ The nec::essary irrigation .system vil1 :be water saVing and as unobtrusive as possible. The sandstone walls, paving and bor~ers and the qas pumps will remain. *As an alternative, we viII consider a separate p~oject for the qarage which would rehabilitate it for meeting usage~ Note~ !ZlIIlIrT D Ito r..& .. J Th~ development. plans and eonstrlJ.ctio.n drawin9s to be included as Exhibit t to this lease will be the plans and drawinqs s~b~itte~ by L~e optionee and approved by the City durin9 the option period~ (See sections 4£ a~~ 4r of the Prelimina~ kgre~ment). ED!IBn z (to Lea .. , Lonq Term Maintenance and Schedule for Buildings and Gro~nds Note; The maintenance plan and 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 Dption period. , r EXHIBIT II (to Preliminary Aqr-eement) Plan for the Care, Maintenance ~~d security of the Property During Te....-:m (If Preliminary A':1reeme:nt Followinq execution of the. Preliminary Agreement by the Lace HuseUlll and City, the Lace Museum will assume full responsibility for the care, maintenance and security of the property during the term of the Preliminary Agreement. Those responsibilities include but are not limited to the following: 1. The Lace Museum viII provide evidence of insurance coverage meeting the requirements .of the City, ar.d a caretaker 'Will .be:: placed in residence on the property to provide twenty-tour hour security for the property_ :2 ~ Prior to occupancy of the residence by the caretaker, the Lace Museum will complete, at its sole expense and to the satisfactitln of City, any maintenance or improvements the City may require prior to permittinq the residence to be occupied by th~ caretAker. 3. No structures, improvements or facilities shall be constructed, erected, altered or :made 'Within t.he property without the prior written consent of the City's Real Property Manager~ The Lace Museum sha1l take care to ensure that any use or maintenance of the p~operty shall be done 'With care and consi~eration for the historic Significance of the house, the landscaping and property, and that nothing shall be done to change or damage any historic features of the house or landscaping. -4. The Lace Museum at its sole e:qtense and to the satisfaction of City, shall perform any maintenance or repairs necessary to kee.p the property and all iDlprovements thereon in good order, repair, condition and'habitable fer the caretaker as may be required by CITY or b~,. any 1 oca 1, state or f ec1eral ordinance or la:w. 5. The Lace Museum shall be responsible for delinquency, all charges for utilities property and all taxes or aSGessme~ts. and pay, prior to supplied to the .-, EXHIBIT III (to Optio" to L.aso Agnoeoent) rriE WlWAMS RESIDENCE HISTORlC RESOURCES REPORT prepared fer Ci!y of Palo Allo Aname Depanmellt by GIl Sanc:il8z, FAIA, AIm!ed Daryl ~ ~SC ·"8 TO Man:tl1992 GILBERT ARNOLO SANCHEZ. INCORPORATED AItOIiliCIUIE • HISTORIC CONSElWA 1lON lJ22Q£N CANYQlI\D. SANTA Cl1l2. CA 95OIiO IG) oiJ8.QiiI8 Table of ConI8nIs PART ONE • ~ST..mY b¥ Gil Sanehc, FAll< aJ>d DIuyf Men. AsSoci8le L IntroducIion u. HistCricaI Background 0uIIine lit SIgnificance of It1e Residence andSb III. IclenIific:alion of H"1SIoric FatIric and AIIInticns 10 It1e SulIding v. AWk:abie Buiding Codes, BuiIcing/Rre Safely, and H&ndicspped ku NI!y Requil8ll .... 1IS 1 2 3 5 W. Sla .. :laids fer Rell8loi!i1 ",:11 Work 16 /I. App"oacI". 01. Ideulilicatioil of \,."p ... tit, GanIen F-..es rII. Guidetines for Garden In! SiI8 PART THREE • DRAWINGS \ $lIB Faar.ns Plan First Floor Plan SIIcond Floor Plan "f 18 19 20 t' H i - The City CI Palo AIle rIIIUIed!he firm CI Gilbert Sano:::hc Archi\ec! to study !he '&Sic:Ia ICe and grounds CI!he WIliams RISide! iC8 at 351 Home: Awnue In Palo Alto II'ld idenIiy lis10Iicatr rod archItec:I1JraB iilpoilaJ4 building and site eIemems. The CIty 01 Palo Alto lnIIInds 10 issue B F\equIiSt lor PropcsaIs lor • tenant to lease 1he llfOPIIrtY; !his S!UCIy wi develop guIdelineS for !he EodapIa!iO! , 01 the ~ and pnljl&:ty 10 a new norHeSidIIintia use. Gi Sanc:Mz. FAA IIIdIlteclIl'ld Daryl Ahn. .S9>ia'e. obseNed and photDgtapi1ed !he reside< lOS on FebNaly 19, 1992. Paul ~ I&"IdscIIpe ad:ited, ClbseroIed !he Iai ..... aped __ and naI!ld pIanIs II'ld site IeBtures worttry 01 presetIItI!ion. The residIIlCe MIS beqI oeaIhed 10 1he CIty by Miss Rhona Williams who specified 1t1a! • be used lor 0JIIuraI or park puIpOS8S. The residence ... de$gt led by Emest COxhaad. a nobid Bay Area • d Iitsct, and built in 1937. It is situated on • .69 acre Iai!!lSl ..,«1 SiIe [!We part:IIIs or Iand). The fidl&.iIIII:nd si\e includes B garage and ~ siIII fUIImis such as a sa iCIsIui 16 waI and gil "8)', II8gs1oo 16 __ and • wiSI8ria 1Iitior. ltIe Wiliams P.eSideoce is listed on 1he City or Palo AIle's Historic BuIdlng InvenIary lIS a C81&py 2 SInIdIn and is preserr!", !JI"OCQPed 1 • I , g , '\ ~ 1"" ".-. .,.." . · .: 'r' ---,_.--"- 1871 ThOmas Marion Wiliams Is bam In Duo, west VIfginia ~ I'll! grew up en 8 large family hOmest8ad. 1897 Wiliams gar;llAdeS from SI8nf'Ortj~. 1S101 WIliams marries DonI EsIBy Moody who was originally !rom V8fTT1OOt, tIL vas now iving in Pasader>a wi!h her family. He -. oded Columbia Medical ScnooI and was in his resideney wtWI the couple married. 1&04 The couple mcYeS II) Palo N!sJ; Iheir tnt iru 8S!l' Hii1I was !lie purchase at 35 aeres In !he Coast Range lc7wer1ooking U Honda. They bull! 8 ~ cabin here. Dr. WIliams pnu:IiCes medicine in lhe area cnaidng hOuse calls Iin;t on 8 bicycle and '-wi!h 8 horse and boJggy. 1907 The Homer A_ Res·:lor. ICe is conpiBled and !lie couple !1'10\/8 n. Dr. 1947, 11148 Williams 1Bke$ 8 parIner iIft8r World Wet L n.y were Isler joined by Other physieians forming h nudeus .:-t whet Isler ~ I ill !lie Palo N!sJ Clinic:. Dr. WIliams purcIaa an AuIDCaf, befievad II) be !lie first 8I.tOOdliIe in use In PalO AIIo. T..o daiJg!1\afs are bcm ., the W!IIiaJnsas. EizaIleth and RIlona. Close in age, bt:IIti 8IIeI'ld SIanIDrd ana ~ in 1929. Dr. WIliams dies In 1947 and Don!. Wiiams c1ies n 1114&. Dr. Williams was adIwe in activiIies 81 SIa tUi d and was an eCIive memlJei' af tt1e Bohemian Club and pili'; ipaled widely In cammunity life In Palo Mo. 1se& Rhona WIlliams, daugIlIar at Dr. and ~ WIlliams dies and beqo i8BINs 1he family residanc:e II) !lie cfty II) be used fOr pe!1< or CUIU'II puposes. AI at the abcMI h6toIicaI WomlaIian is Item Sai.t/stwe lJIIt1 TBa, a PlNem: .. at 1he SIIIIlfOoli HisIcrictII Soc:iety (Sunmer 1987) pn70rided by ~ WJigsUIIIw. NCI8: This very po_ Iii WI6'J study In Which I i!sIOI icaI I I S Barch was nat ilo:Iudad indic:aias there In possibly suftitienI saun:es lor lhOrCugh hisluiCal res Id I 1D be CIII'riad out 2 ----_.-' . ' ,I t? riO.'" Nt III Si;nificanCe of !he Resldenoo and SI!8 77te 0Wnefs Or. Thomas Wiliams was a Stanford graWB!8 who practiced med"<tine r, Palo Alto du!Ing his en!inI caraer. Or. Wiliams panicipaied in aItlJeIic adMties at Stanfort! as chair of \he Uriwnlfty's I!oatd of AIttJe!ic Con!roI and supported !he campaign fer consIIuCIiOn of !he S!adilJm. He was a City Counc:i1 member in 1923-26 (l'f1Slclie Rescuces kMIrIIDry Form 1983). Or. and MIs. Williams' two daughters, 5izabelt1 and RIIana, c:ontInuad Ie we in \he hcuse alter \he daaIh of !heir paren!S. They were actiYeIy irM:MId In community adMIies and ItIIIir ~ ranching opera!ion on Skyline or.ve, traveIIirig there daily. EliZalleth and !\nona Williams were philat1!hrcpists and suppoI18d poIiIic:aI causas consisIenI with !heir enjoyment of natuf8 and COflSOMIIion (hrsonaI comtI'Il.o.,;cm;on Gerard WsgstaIIa 1992). The NchIIDe1. The rasid8cce was designed by Emes\ Coxr.ead, an architect born and edl ......... .., England, who mainIained an oIIice in San F!ancisco from 1890 to 1933. Coxhead designI!d feu" ~ in !he Bay Area (one was desIroy9d In \he 1906 earthqUake), buI after !he 1890s, he was primarily a rasidenIiaI an:hi!act. Panidpating in 1he building bOom alter !he RI1I1quake and finI, his resider!ti8I designs were c:onsII'VCIeCI 1hroughouI!he Bay AnIa and COl ISisUId of urtlan, ~ and COUt'IIly house designs. The tm\ of CalIhead and Ca>chead designed two ,esiCI!o'IceS fer Phoebe Appel» , He8n!' ,~she resided in • various 1imes (The ~ Ara1l!ecIuraJ HcIriIage ,6SSOQ;...O;]'s Ernest Co>ch6aa. ArcM8d, 1981). AIIhough Cclctla8d was no! as welila'lOWn lIS WilisJ'olk. Bema."'d Maybec:k or Julia Margan, he was an mponart desigI.... in 1he woodsy regiOnal desi"gn known as 1he AlSt Bay Area TIW:IiIion (The BerkeIey.altHlac:turaJ Herilage Association: 1981). The ww:ams Reside"1C8 pc ss esses many charaCIIJri51ic nf 1he English oounII)' house style suc:I1 as ITUJItigabfed S1Bep pitChed roofs, ~ is less 1QrmsI with its patljaIIy open ftoor plan. use 01 natiIIe marerials on !he inIeticr. and l'.at~ sa::tion. This rasidence is pcssib4y a 1f8nSItionaI ink belMer. 1he English TUdOr and his laIer ItISit!enoes whic:!'I more IuIIy III1iaJIaIed !he Bay Area Tradition. It is beieYed 1here is anIy one 01her ~ SIIUCIura WI Palo Alto in addiIion Ie !h& Williams residanoe. The Wi iC8pI: of 1he English c:x.nuy hoUSe is !he a eBIion 01 a sense 01 being in 1he counI!y, ~ 01 where 1!le residence is loc:aIed and no house was ccrnpIcIIa wiIhcut lis gardens Ckrtlg \!'is time periCd. The Williams Residence empiOyS a variety of Iand&c:aping media Ie create an oasiS within !he dIy: hedge fn:JnIlng !h& street encloSing a SOIMWha! fcmlallawr, Ie the east a tIower garden 81M, and ~ and h!Jrt) gan!ens I)ehind Ihe hOUSe. TeJI eucaJyp!us trees along lhe rear PI opert)' line 3 sa1I8!I deIIeiopman! Ie Ule west. 7he Garage -----......... --- A gnweI driwway leads 10 the garage Joc:BIed II! the I8IIT 0/ 1tle property. The garage WIll not clasigilllCl by Ccxhe8d [d is not stlown .... th9 archi!IIcIura! drzwuiQS) and is Of 8 dacidecIy dlI!afant st)'ie lt1an Ule hOuse. It Is .... !he CraIIsman style and was most likely built III a IaIef 1Ime. High-sIyIe ~ weAl designed by Ii d Iltac!s i'I Ule styie of I!le house, bI4 men COI,O,iQi ~ were built by ~ whO used worIOnQ drawings availabIa from maD ertle, houses i'l1he prevamng popular stytes. Before gas SIIIIlcns and repair smps were widely SOOPSS"re. auto owners did Ih8ir own tuerrng and servic:ing, Individual pumps and undargTtl!md gas lanks were Ioc:aIsd II! home S/Ies and garages Q:if'IIainad anIIIS fer washing down and WOIS<ing on !he can; (0111 HO<mG JoumaJ, "The ~ American Garage: September 1986, page 332). The WIIliam$ garage witIl ~ gas Il'J'T'4'S is inIefesting as tt '\ustraIes l!1e housing and servicing at the &I1CmCbiIe in \he 1910$ and 1920s. The IIesiI:Ience SimImIJy 0/ SignJfit;:ant;e The hcuse is signific::anI in its own righ: as an example 0/ an impOrtanI Say Area III dliliBd'S work. The garage Is an in!8gra! part 0/ !he subo.rtlan hc<ToeslBiiJ in !tie ecty yeats of 1he age at1he 8IJ1CmQbiIe. The site i1Iact with house, garage. 1reeS, pIantiriQ beds, arIlorS, and goen!en W81l$ is siglli1icant as 8 i epI J 5 i iIa!i\Ie example at the upper-middle ClasS suburtNIn hoi, i8SIII8d in h first dec!Ide at the twenIiaIn cenwry. Due 10 pi1ISSUI1!5 0/ pop!;!ation gt'OWIh and escalating 1Nl _ values, 1his type 0/ hoUSe and SI.ITtlU1CIng gal dens a:'8 bec:Oming r.a J B ',Igly 1'818, particuIBr1y near 8 cItMTiIDWn core. The City of Palo Alto haS1he opportuni!y 10 pi _ltIis tne iepieSliltlllMi elCIIITIPIe of a poo/essiIJnIII sutJurtIBn hoitJll!Sl8&a for I!le IuIure ~ and ecIu<'ation of the _'5 c:iIlzsns whie t &efWS in a MW use. 4 •• IV. Ide"tificalion of H'1SIDric Fabric and AIle, iiIi .. is 10 the Buiding jOe - It Is Criti::al1I1IIl in adIIpting !he Sits and builcling to 8 new use that features which are 'd • .,.c:tIf-4elming"-Ihose fNIur1Is which art! inI1IgoaIlO the unique c:haracIar of building and ~ pt~ lind pn!IS8MId. ThiS 58dion wi1llden!l!y Character de!In!ng __ of !he house lind garage. See lAncIscape Report which toIi<:Jw5lhis sec!ion for character~ aspec!s of the garden which are 10 be pi aIticJIId and preserved. ResIdence Because or the careful design of the hOuse, all elevations are important to lis 1ntegrtIy. Howewr !he least i1iponarIt 8I8vaIion, and arty elevalion whiCt1 can be modified, is the .--. Ill' norIh eievation. 'Tl* ~ ~ ihe house has lraditionally bean used fer UtiliIarian purposes and is the IoCiiIion of the servioe porch and basement stairS. The front or SOUIh • ./IIIIan is in ...... 1&l t as • !aces the 9I!duded garden Bf8II and COl ltains tha IiI'iIry far Dr. Williams' CIl!ice as well as !UT18I'OUS • klscape and garden feeIur8s. The II85t -"1II!oI, is lIIInkBd by the ftower gan:Jen which is worthy of ~ lind !he wst de> r '\ is 1he Io::aIiocI of !he IiI'iIry on! will be tha first \/few by visftors IIITMng by ca down tha ~, First FIcor, t..Mng WIII(I. /nIefJo; The i iIei iccs of the main rooms in the Wing wing III'e more similar Ie ~ style hI&l iuI $ IhII'l English Tudor ~ The $UlinBd redwOOCl finiSheS of ~ rooms are can_It< II with the Bay Area Tradilian i1Izriors which aft>Jded to na!un! and utilized na!ive CaliIomia malBrials. The Englisn u8diliuo. Ioen$ more 1CWBftI wlleced oak oeirltlgS and paneling. Living Rocm, Dining Room, Hal, Rae ep!'c> , Roam and Play Room -These rooms are all co osid&l ad conIribuIing to Il1e Chai .... of the building Iwat 91hey ccn!IIin the original redWood peneIing, built-in cab;!leliy. aI origirWl cIcors and windaws and oak tacring. The main SIBirway CCIlSIroJCl8d of oak in the hall is also 8 wnt'tluIIng faaIura. KiIchen, Buller's PanIry. and Pan!ry -These rooms are lillie aIIered !rom 1he original pial. excepI \tIlJI1he ariginal si!i< has been replaced and CCIJI1B tap has been rasufacad. The inoIaum IIooring n !he kitdlIIn and hall Iea:iing to the klII:hen has been repIaQad with new sheet W1yl ~S Bedroam -The natl!1 c:amar of the IMng wing is cIe5ignaI8d on the original 5 .. un-tr il('W,J "~'-'--- . . .. d .llodL.rai dr8wings as Serwnt's 8edI oem. This room and lis adjoining dose!s, whict1 are lacKing i'1 unique arctliI8duraI finishes. are • good candidate for adaptation lei!' ~ uses wIIhoi.II tie lOsS 01 sigI oIf'Ul d his!Dric 1abric. 1<IIchan'(SerIIioe) PardI· This toom 0IiQinaII'i had SCIM!1S 10 !he outsiae on lhe north and was It with a windOw onto !he frOnt pcn:tL This windcw haS been CXMInId over when • &I8iI's was cnce inStalled here fer Or, WilliamS 10 axil !he house during tile night wilen he was called out on hcuse calls ""etSonIl ccmmunicaIion Latsan 1992), 'The originIII plans RIic::aIe wash Uls Iocatecl mere laundry sinkS are p!aoed today and de net indicate a skylight, wf1ich is presar4: 1Dday, !leca ...... IIliS uti1i1aIian room hila ~ p!1Mous!y aIIImId, lacks arcIliII!ld:Jra finishes, end Is on tile rear of !he hOuse, I is a good c:andldaI8 for 8lIaptaIion. A small toile! room is Ioc:aI8d 10 lhe east of tha Id!ct1en pcn:tL 'The first ~ is not wheelchair accessible at present due 10 a lack of 30" ~ i'1 dOorways. Ooctrx's OffICe W"1IIg l.abcnIOry • NeIclIO !he smaI toile! room is a rot:io" dIIsIgr\aIed on !he originai plans lIS lJI!xlo atuo 7-A fascinating 1eat.n i'11his room is ." original, Uililbl eel &ink. The aink hila • woockIn CS:aolboaid and • s--t ~ splash on !he beci<. Ver; fww _.1PIoi6 01 eariy IIWcs ramaIn elM 10 remodel! III and • Is very !'In 10 lind one.o *' ~,1Ilis room. wt'icI1 is wfthcu! 0Iher dis!IngIJishrIg c:haracI8i istiC$ is i'1 !he best IocsIion for harri hi' led .. , ;bIe IOi8! rooms and it may be necessary 10 _!he hI!acric Sink. Opaatil i\j Room • C I 'J led tor • very specific use, IIliS room hila buIit,," shelve&, • c:a'I'W sink (crigina!) and • skyfight c-nead. TI-ese pdapWiOns In very interesting and warIIiy 01 ~ 0Ifice • Dr, WIliams' oI!ioe CCIrIIriI:JUt!! 10 !he Ch;ncIer aI!he 0IIice Wi!'Ig due 10 lis pili oeing and fireplace v.tid'I ~ • Bay Area 'Tradition i'I!eIior, Reo ,,'lL WI Room -This roam is lmponaIlt as !he en!ry hID 1tie 0IIic;e WIng aIIhough I iii lacking in Bi Cl'lol8clural finishes. In general, !he 0IIic;e WIng is WIIIJ.<IeIaiIed and i dill estiIlIj with no IOIIei atiOI ... wt aaISCie>'8I' from tha criginaI dtISign. />J finishes and crigkI8l doOrs and wi'ldows &r1I in pIBCa. S«:ond Floor, 1nI8rior A ~ bedrOom with a fi;~~ and dressing room, leur smaller bedrooms, two .. -----,-_. ~- • -' ,. ...... ---.-------- ball. bOIliS and • dosed-ln porch comprise the upsIl1irs and ali are remarltably lntsct from the original. The only aIleraDun II!: 1M Second Flour is 1he Sleeping I'oteh an 1M west. The ur1ginaI plans indicate :his area was originally open ai: v.iIh a low wan endosin\l n as a baJouny un the west side. Ftench doors opened unto tt from !he 11Ouse. The weS! sicIe IllS been \aU>( dosed in IIbD'Ie Il1e balcony wall wiIh a In!me wall and win:IDw. but !he crIginaI heavy taxIuf8 01 B><!erior s:ucco sIiII remains or. !he notItl and east walls. The window inSIalIed is one aI!he few windows in !he house whi::h is 01 a dIfterent type. indica!inll a was ~ at a later date. A built ..... linen dose! in the hall is IineIy-cI8IaiIe and WDI1hy 01 pteS8n.<atiun. If aIIa,!I!iUi is are necessary fur " seoond axil from Il1e upsIIIiTS. a bedroom COUld be BI!erIId as 1here 1118 several c!her original ones. If 1ttts is dOne. retain originaIlIims and base$ and I9insUIIl un 1'II!N< wall. Other COntriIJutIng AtchlfecbJraJ Fea:ture5 The doors and windows (wi1t11he exceptie>n Of one window lit !he Sleeping Perch) "'" uriginaI and st10IAd 1101 be aItared as !hey ere impcnan! ct1ataaer~ feaIures 01 !he 'esidei ICe. AI epIaces and msn!eIs in IIle LMng Rccm, MasIer Bedlcum ancI Or. WilIams' cIfice In CUSII:lnHIesign and are i7ep1eceable and ntegrallO 1he design aI!he hOuse. They should be preseN\Id regardless cf wtIIIIIler !hey Iit8 pu! inID use. The radWbOd pal. ip ~ Il1e main reams is an tnpo/1anI aspect allIle Bay Area TraaiIion style ar.u Should be preserwd and .. obiicl8C!. The pai:1Iad mural was must IkIIiy dane by one al1he Wiliams sislars and is a t.nque faabJre whic:tI CIaseNes i> UItiCIkJi~ Oak IIocrIng 1hrcughout (w!Ih ... 1UgS. naI wall 10 wall ..... porong) is typical 0I1he lime period and Should 1101 be aItared r;,: damaged. Tne eiedI ical ighIing I\x!ufes ... brass and 01 high quality. They Should be ,B!ai> i8d and lepaO eel as Medec1 II adcIIionai /igtiting is ri88dod fOr 8 new UIi8. add !aSk igh!ing or MW ~ wIlich 8Ie unobtn.isMi. The brass bIJIIDn.sIyIe SWi!I:h pI8Ias ara unique and iltlilt,Qjlll! and should be ~ in !he c:haracIar. defir1ing rooms. The bui!-ln fIsniIure in 1he DninQ Room and 1M BuWs Pantry are impor1anI bees is'' tII8y IllSIr8Ie 1he mantle< 01 meal seMng during an 88IIiar era. III is II8CIiSSal Y 10 10 widen a door Ie 1he Dining Room, al\al the Bullar's Pantry as lillie as pussilIe. The Dining Room IiI1Oi.dd no! be aIIBred. 7 --------·--·~--__ ilOi$ .. 'I!tiiir ... r_t"" __ ------ ',-' • \ n. QII'8QI is a U-.gI6 wall ccnsIrUCtian wrnac:uIa:' b<JiIding suppor1!Id on 8 mud sBI. n.. ~ 18 IIided wI!h WOOCI and MIl maJlipsllild wtlCd Windows. Fe8IIns of .... on1he buIIdi'1g .. Original t-oerdW111"8 on 1he ~. doar$ and ~ ~ The building 1$ aIIi.IeIIIId V!!ItY .-1he betJk praper!y me. n.1iIIIB ~ .. fram 1he 19iOS or 1i12D5 and .. ~ of ~ duR 10 1hIIIr ~ I11II:I whit Ih8y 1IIIlus abcuIlhei ear1y tIICh IO!ogy of !he 8iJtuojlOl:ile age. s -c/' .-;- / V, Appk:able EI!JIi:Iing Codes, Building/ Fire SIfIrIy, Ini Handi· BPI v:l AI»J 5 ibi!ity ReqLJiremeuts Below is !he cat8gCI Y fRlm !he UrdIorm E\UiIdint;I Code ,!lex,,,,, IeiICed t) go.em !he rei,.""""" af!he residence aiCJng with o!her ctlap!Brs wiIhi:'1!he COde, n is the leas! ~ af caIbiJOties and IIWopiillle fer ;l~ uses af!he building, &/sting Gross Square Fe« aI Houft: First Floor: Seoand Roar: SLt>!cIal: AIIOWIIbIe bu!cing area fer Type V IN) is B,ooo sqtJII1l! lea!; 1I1us 1he VII1Iiams Redlll! JC8 is _ !hal IIIT!OUnI. IIppIIcebIe Col*: 1988 UnIform BuIlding Code CaIfarrje S-HisIcric BuIding Code {TIIIII 24, BuiIcing SIandarcfs Pan B} 1988 u~.".." FA Code "AMC Tc-, 15 ("ire p,p,""u.""ec:IiO"""',) lind 17 Qiazalc!ous __ l AJ iarca it with IJisabiities Act \ADA) ~ AcJJ. <it '" to the 1988 uac, if Inn !han nine pcnons ~ 1he second 1Ioor, two exils IItB ~ The raquired dislaJ .... between ui!s on INs ftoar is 32 IML As !his is nat ~1S ...... 10 actIiIMJ without. r.egadMJ Impact to !he i':po!la4 *"lIIiOas af 1he 'lIIIie.nc ... I is r&Wi ..... 1ded to request an 6illlllpliclJ as lis j ossa ... to ac:tliIMJ • dio1a I0Il DI 26 filet. _. cw?m , > ·F "- .'''f' .. ,";" o~;i:<2"'" ~e~-.,'-.::': ,·"f· ' •. ;. !"~;:8 AdditIonal Requft8rnenIs by CIrt at P&Jo AAD 1. The! l esidellCI bo fully fire-s;o i IIdeC ad 2. ThIll ftm floor jOists and bnIaIIon plates be bolted IE> the conc::rII'l8 IOund8tion &'Id 1l11li !hefw be positi\I8 connec". "~ at beam Ie post to pieIs. 3. The! oonJPilte eIearicaIaysbIm be brougI!l ~ 'he ~ren ... nts 01 the 1990 NEe. This would requ:re III! IulIdioi '" 'II wiring . _ encased i'l conduit Na!!t: I'\8cing wiring i'I canduIIs wi! require a great disruption 01 p/asIe1ed wats In:! his1Dric finishes. n is 1tIOOI, .. 18I'Ide!I thai aI!ema!iv8s be e>cpb8C1 The SIaI!I HlStDfIc Buiding Code allows (at the cIl50 dUO! , 01 the 81 ,roo Ci 'II agency) eoOsIing sysI&I'IIS sucn as knob and tube Wiring when ~ is i'I good COOldlliOi. See SecIicn B«l7 ElecIJ1cal, page S-V. 'E><isting systenw. wir'r1g ,neIhods lInG eiedrIcaI equipment wtIi.:h do not. i"l !he opinion 01 !he .luicio og egency, c:cnsIItut8 a sa!ety hlWlrtlmIIY remain i'l use." The CJ!y 01 ~ is allowing tDIiS1ing 1926 wiring and 0IJI!eI recep!aCIes to remain i'l use • !he hiaIar1c ~ House wtW:tIlhey _ reloabilillllil Jg. 10 " -, , 1, Prct8CI and ~ walls, paneling, 1Ioofs, ceiing$, dooIS and windows and Iheif t. dware, buill..., 1umiWr1!, Iit9pIaces and ~ghIing fIxIures/switt:hpfa185 in the !cIowing rtXmS: \.JYing RDom ~Room Hall end Stairway Play Room Aec:epliOO Room Md no ~ wIlic:h will de'-panelled or plastered walls or any O!ha< I9aIures wIIhin the abOve roams. 2. ~ !he Kitchen, I'III8in 1Ioor plan. If. is ne<JIISSIItY 10 i'lSIaII ~ I<itd'len cabiI i8II J, SIIlec! • sty1e 1hai is sympaIheIic wiI!1 the hisIoric, but C8I'l easily be read as -..w.. If the !'8I'IIIy nelCIlC the baCk pcn:!'I is remcM!d for any reason. doc:IJment with pholOgl'aphs the coo6nq feaII.n wWeh allOws oocI baUtnlll~ air 10 _the PII"II'Y !!Tough • _1Bd gptII mig for SIonIge at ~ 'ai' .. , onions, tile. 3. Servant's SeCmom and Two Closet:; • n-rooms can be a!IInd due 10 the ",,'as.nee or less !insn work. ~''''' _ diviaing room and dose! and SIoI'8ge rooms can be remcMId , it is "" ... f far 81'1 eIIicienI use at the room. Aller lIS few CIoonI, wo idows and nn lIS p :ossible If IW1Y dOorS ..... 61. oiled, idenlily and saw. 4. Bad< pan:!>-Because • has been previously aII!nd and t Is not on one or 1he most ir. """ iar tt eIerYa!ioI is, t Is a good c:andidaIe far hal dicapped en!I'y. LIiuI'ldry Siti<s and smaIIlCiI8t can be 181 ,oiled to dow space far 8 '- • eo iNe toiI8t See dlawi Ig& foIIcIWII !g. It is ikeIy the &II roc! wi! need to be redone as IeaIdng _ obSer"IIwd in ItS II1IIL This IIl<istin\I skyIi;ht will neue! 10 be remcMICI for Itle 58C)Q IdaI ~ tIldI fI"Om the ~ at Is not original (not sho¥m en pIan$) , but WE mcsI ikeIy 8dOIId .men SIIirway was pur WI whICh closed up a window ~ the frDrC pcn:!'I and baCk porch. 5. fIeWl and do not aIIIIr 8CIUIh pon:h and _ porch. 6. UpsI8irs -RI!I:P1 all door. ~ finishes, ~ et::. 81 all rooms upstairs. II B ~ CCITidar for exIW1g is Iweded upstais, reuse e>iSI!ng base IRlIrimS en the MW waI. 11 ----.,."--'~ .......... -_ .............. _-- '. 7. ReIain and use PisIing plumbing IbcIuras n MI1stIIr B«Itlroom and second baII.wm. g. OQc:II:Ir's Otfa WtnQ t.aboraIo<y • We recommend !his room as the best Ioaa:o! , for toile! rcoms on the first ftoor. one handiColPped or;ressible. The I1isIoric original Sink and cabinet will require doc::umentlllion priOr to i!S f8IIlOVaI. I'holOgrapll the sink and cabinet in place. Then carefully 1'8/TlCM!, Clean, and reinstall n !he 0peraIing Room or display as an 8lItlibi! n main JMng am. 00 NOT DESTl'IOY THlS SINK AND CABINET. 10. Opinatillg Room, Dr. Williams' at\iQe. and !\eosption Room -Use 1hese rooms wftIlout eJ!!Jring in 1Ioor plan or firlishes. Res!ore SlCyfighl in opor.lling roam to meet c:unenI codes. NO!e: It may be necessary to remaw doors to meet 8':; I ibility raquiremems, bUt this is a. lesser impact !han aJ!8ring doOr InIme$. HtIf>dIcapped ~ -'1. The Amatical .. .,,;a, CisabiIities N:f. (ADA) requores lui! accessibility i'1ID IIfI/ !Ip&CIl that mighI be used by a ci!;e b!ec1 petSCn. but r a reasonable por1Ion aI !lilts IadI!ties and acc:omrr ... dalioh5 are on an ICC· .... floor, .t IIjlpNIS an eIevaIcr to 1he second floor is not needed. -Ills rec:ornrneH oded an aIftca be IOcaI8d on Ihe lirst toe< ~5 Rtxlm) and a _WIll dIMIlCpecI ~!he kitch,~ and ~.a"'"!;r 'ntD & the main rooms. This Is 8S&IJII"ing that i10 IW1ibfts will be ~ ancI1he 51:\' oanierence room WOUld be IOcBI!id on II'e Iirst 1Ioor. Ar'_ibie doorways can be achiIIved by rIIII'IOIIfng doOrs (and in _ ~ . .>S dOOr SlOpS) to cruIe a 30" dAr space i'1ID all firs! ftoar main ItlOITIS. II it is impoItant to cIosa 011 a room wiIh 8 cIoor, the doOr frame may need 10 widened 8 few inttes and originaI1rame rairIsIaIlad. 12. It Is I'IoCOi urn", oded to loc8Ie 1he wheeIcIlaif ac ri • ole IDIIIIt room on the IdIchIIn porch. A ramp will access !he IdId'IIIn pon:h from !he pIIicing Jet. While !his is not !he main ermy. hera' W allis c:onveniencII tom 1he par1a1g IDt. • will be heeviIy usad by buiIci:1g ~ Hani:Ii< 8; >,00 par1<ing spaces wi! be dIIsignBIBd in 1he paOOng lal Noia: PtospecliI!a I8IIaIIt can consul! I!i$ at::ICOUIlIing departmetIt frx rax IIICl81ltM!s ~ for I8h6bI!IIs!iorI tIIIfPlJIJdltur InCutTeQ rIlJe Ie ccmp/yinQ wifh th& ADA. See A Cs/IfDmi« sarma Mini InfMIIfJ/jIIe MIIlIUIJ! Q'/ !!Ie Aawfe4at WI7Il l2i:sabiIitjM A4 published ut Ih8 c.Hiomia Ccunt:IJ Amtri:atI /nsIIIJ.dI= QI ArI;!J/tBCI!;, page 5. 12 , "< - ,. 13. In 1he m:nt t is not possible or cIeSirallle Ie rll7ll! 1he up:!tIi.'1$ occupancy Ie nine persons, II will be ne<:Bssary ID dEr. ... lop a second exit !rom the second !locr fer emergency purposes. TIle recommended meIIlod 0: achie'oIIng a sec:cnd exit the nee; 'Y distance away from 1he present exit Is Ie ccnstruct a '-hallway and door (0: the required width) by remOvil'lg a dose! In an upsIIIirs bedI DOl n. 'ThIs h3Dway will exit ovar the IIat roof ID a sIairwa:y on the norIt1 face 0: 1he Ooctor's 0fIice wing. See drawing. The stanway wi~ be as ~ as posstlIe. but wm be recognized as new. 14. The 8lCisti'lg railings at bOIt1 Sides 01 :he main stairway must be 8lCI8nded to meal requirements 01 the 1988 USC. 'ThIs can be done by remOVing and I'SaIIaCIing !he mils II) pIas\efed walls st a 42' height. The free Slanding oak rail (partiaJIatIy BI the second toor Ie\Ie1) will r.aed an additional new oak rail a!IaChed Ie 1he existing Ie a.cI1ieve the required 42" height. BuIlding snd File S8ffrfy 15. InWI11 a ccr.uTl&icial!ire sptirJder system. Prior to insI2Ila!ion, the archit8d and lira sprinkjer specie!jst wi weill< ~ Ie cI&ve!op a metI'1od whiCtl leas! i11pIICI5 NsIoric fabric. SubrM method 1<> Oily FirII Oepai bii8nt lor apprcMI! prior to begi ... Ii" wont. . 16. 1/ dispet lSII!io .. , can.-be gra~ fer ,epiacaoilai « at the e>:isIing lied> icaI ~ study anc! 00II8I0p a methOd fur repiaCament whict1 least In;)acIs historic fabric. Submit plan to Oty fo< approval prior Ie begi1ri1g WOI1<. 17. RsIain B SITuCI1lI8I 81 tgiI_ 8Irp8l isnoed w!ti1 l1is!I:MicaI building codes Ie anaiyze the building for seismic stabiiIty. WhaIev8r wcrI< Is ,eccmmended wi! become part of 1he wOO< plan. 18. If the _'11 installs a new healing sysIIItn, aD new Shafts are required by code Ie be ~ ccnsIrUCIicn. It is proposed that III existing Shafts be aDoMd to remain "as-is". as .it wauId ~ inpact the historic 1allri:: to modify aD 1he Ih8IIs. ~ decision will be up to the opinion r:A the ec i!ot .... iQ sgency. 19. Bas I men! Sepat8IiarI (Sec. 17tl3) requns that t8iIing be ClrlI>-hcu lira re&istive QOr1SIruI::Iioo anc! doors be sell closing. In arder not to eI!ac:t !he hisIcric door leading Ie the baserrent, lis I1!COIIII!1eI1d Ie inSIaII draft prevention deIIiaIs. Nots: Asbastcs heating duels ___ obseMd in the baseme!t. h is nat wIIhin the scope at our secviceS Ie IIddre5S !his item, but will be the i aspot ISibiIity cf the Oty. 13 j \ ~ 20. Shore building ~ fer seismic Slllbo1jra!jm and ma.'ntain as a stcrage buiIdir.g fer gatdoning equipmerl. InIr.iOr pan!tiDn walls can be removed fer imprOved stcnIge space. The wall along ,.. property line will l"lOI need 10 be a one hoU' wall r use of buIiding remains !he $8tM. In the awnt, building is .............. for • difleIlII1I use, a one-hOur wall will be required. CIea1l and fftIin gas purnps. PBridng 21. II is recommended Ih8IItle parking be placed on the l10IIh (rear) $ide of the residenc:e WId Iha! 1he Single 8IJIo access driveway remain on the ..est side. To maiMIsiTl 8 histone ~ en the SIle, ircstaIl stabiIil:ed decomposed granJIe (California gold) en <iiveway and parI<ing lOt. RequiramanIs IITII: FAt and Seccnd ftoor grass square faa!: 4,392 4,392 SF CiIIidad by 250 -18 car spacaI; 18 x 350 SF par car -6,3CO SF or requir8cl parking area. RefIll' 10 SlIa PIc'\. 22. CcnsIruc:! a rew ~ and patIcing .. willi handicapped $!l8C8S. USe d .. COh....,...ac:l gr;rie (CaiiIcrnia gold caler) 10 retain 8 feeing of an aarIer era. 23. CCnsIr..a a core iIIIII 'I4Ilrwtl'f and . ..t1eeIchalr ramp rlfllllgl"8kx)la leading inID !he kIII:hen pcd1. AIkI1Jit:1nIJ iIlIIkIing AI1I8 24. It is not 18CCITITo8I1dad 10 add 8I"ri aaditIons 10 the resida!lca as 1hey would aII8r !he compact design of !he neuse and WCiJd impact il1pcrtant IIf9IIS of the IliSIIlric garden. II KIdiIioia IqUII1I feet are ~ t is racon ,,,,,oded 10 ""bi'We 8IIisting gIIIIIQII by _dng It to !he _ (wmie !alai .JlII Is IUIIIic apptiIII. Oil). ~,. should be noted 1hat as additional square telillITII added 10 the lesIdIInc:e. !he ~ perking _ will expand 11$0, LI1Iess varianc:es for p!ridng recp .. MiG can be acq.itad. 25. II is liiCOI I •• oendIId 1tIIII1he parIcing II1"8II IlCII be IIiOII8d further SOUIh !han shown en 1h8 SlIa PIIin. 80 Iha! the /1erb gardan araa or 1h8 IreIlis IITII not <:emprcmisad. 14 ~_r .. ' - :.~ .. . ~ '" ".:. ' . 25. It Is 'iiOJi, """ oded _ • deIBIed ConIftcn AS1ess<~ be compIeIed 0/ IhII hOuse and garage by lin iii coiilbic:l eoq:>Si ieltOed wtth hisIDI iC:aI buildings prtor to ccnsIruCticn dDcu'nenIs being pAIIlIII'ed. This woUd indude Sl c:NI8cIuraI, SIruC:IUraI, eIecilical. !T>e<;teic81 and root ilSpeClioil$. A 18mW! ilspeaicn is Iibo iiiOOC. n aided. Z7. Rac:e,M buiIcIng Is listed on • CI!\' Histlric~, 4 is e-..pt frCm Tille 24 energy requiiBii.ils. ~,for."",", eIIicie<'t use 0/ IhII building, ~ is i 6WI i •• ,., !deC! to nsI8I! Insulacn in IhII 8!Iic space and und!Y the first ftoor fnIrnIng. 1S = .' . . ' .-. "i .• VII. Standards for Rehabililalion WO!I< 7IIe /.M;$tX 111& hlWI IHI e ided 1haI1he lessor remain invOIWd i'1 III aspects Of the projeeI i'1cIuding sr'ICIiw Of lhIi 8i cttilect. subc::oI1SuItan and genenll oanIr1I!:tDr J 1he I1Ihet,.""1iI "' WOOl<, and bulIdlng mainl8, lII2...... It Is nat recommended for 1he lessee \I) pttlCJeCI wfth BfTi WO!I< on the projeCt wiIhouIltIe Iessor's I'8IIiew and epprovaI. It is I1OCOi I ,Ie ided lila! the lessee bel aware Of !he r"portance 01 this hi;lDric residencrllInd stte \I) the CIty 01 PalO MD and under3!and !hat erry wot1< 11"_ '1/ hisIcric fabric should bel uncIeTtaken wfth person; who In experienced in I'II$IDnC ,1EIStL:oR1ltiaI: L It is ''''''''''I>,elded the 8IclliIect and hisjhtJr CCI"ISIJIanIs (S11UCIImII, 1T0Idw .... , rid i!!Iec:IricaI a y _ 5, Iir& $pi iulla SPIIi' F " lalidscape III'Ctiit..a and em! ~) be speo:" , ts i1 the let·r,i'i'F';W. at historic stI'\.C.ns aD! sIa$ 8I'1d we .... ad wIII'Ilhe unicp.Je ct Is IQ8S Ihal .... be IIddi fl!diII1 n.t tire Bpi. oideo spec'" IhcI*! wort< wfth the 8i clliIaGIlo design • system whir::t1 Ieas1 i'npacjS hiSlI:n: ~ It Is itIIXii'd'i8,' :'ld the s'nlClUl'lll ""'",.,. be expeIietrced wilt! the CaIIfon'. SWte HiIII:riC BuIdIng Cor:Ie and other hlsll:MicIII codes and .... odel$faold the ...... Of J ..... leal na.iaI prior \I) cenying au! • str\iCtInl analysis. 7ba Gel-' Co"IIiiLb It is I'eCXlImlI!nCIe !hB! a soIect number be irMtad 10 bit! the rehabititatiO"l "'ClO1< • IS '''''''''''.'i8Iided lhatthe lessor and 8icllii&Ct held a i''''odaIUOy pre-bid co ....... the ICC siIe 10 review the ~ and discuss 1he rehabiIiIaIicn GenarW . COl IliLliJi s not iIIIIIIldi iQ 1t1s COI"'a iC& WOIAd nat be slowed \I) bid. II is _ ided 1he prcjec:l • dliloC, prior to SIBrIIng his,'her .... ices, _ !lie pn:ijed wfth Ihe ClIy 01 PalO AJID BUIding. Planning and FIe depanment$. /I is IlICOIm'IEII ided 1t1a! 1t1s prt)jec:t be reviawed by the City's ArctitecIural Review Board and HisIOriC Resources Boarll 16 • " J PARTlWO HISTORIC GARDe. '""S£SSMENT by Paul Rcctigues. La idscape Art:hiIec:t 10e I..ccust sn.. No. 2 SBnIa Cruz. CaItImia 17 GI!RIlons acquire hisIIlrIc sigI oIIIc!Ia tnrt>ugf" !ime for dMr.;e reasons. Places rel8!ed to great .-1ts or PI Oi ,Iiooent perscn&gIIS COl' rmonly take on c:uftUrIII{IIiI:Ioric8I Importar 1Cei. The ganlen at the Wiliams iamiIy In Palo Ano is signfficant for Iwt> i III C!i IS: 1irst. bec* ..... I is • HIIing lOr the h!s!D!Ic buedinO designed by the noted . Bay Area ed."led, EmIrsI Cold'Iead and secondly, aIthougI! VIITllICUIar in cIlar8c!8r, t _ CIlnSUIJCIfId by the WIiIi I as, B 1M 01 I il ten! Palo AIIo fBmiy and remains Matty Intact as a [&pi 6iiC>'.WI _ .ipIo at paroc:!iIi "arden design fcfm n the early Pl'tt at II'is tler'iUy. In addItior 4 thoIre is a WI ISiII80 iCy at ",atlll ieIs boIh In plalililigs and ~oJd8d eIemoM lIS whic:tI ~ • _ at ~ and Icrrn not COITlITlOOly appIb81 d in this type Of ganjIn. A law cf.1he man p!Ir1tings have ft'8Ched sizes not mdiIy found n men recen! g8r 011<1$ and some pian! sped"'lIns are somewha! L6!IJSIJ8l in !hat !hey _ not frequenIly used in ClIIi!amia gwdtii 15 \Qday. It is obI/Iau$ that In 111& past law y.rs, the drought conditions have begt.nI:o take • 1011 on the garden. n. dead i'8CIwaocI \fee In Ihe ~ yard is an i IOXCDt of recent riIIgIeCI and harsh COl idiIicI4. Steps r-s ID be 1I!bn qUckIy litis ga"den is going 10 be RWIC1 AncIhBr year Oi' two at .n:t1llC:lMd QrtIWIh. weeds and lack of SU'I'IIT1III' ...... may CiIIstrD\IITI.c:h men at 1118 ga'tIen's charaaa WId be IT1Oi'II 0CSIIy to repIacL At !he semeli'ne pIJbIic: ... of the house and gw!Ien will c.'lIJint ~ lip CMiIIIiii::S ..c: ..... haps modifoCBlb IS to g&i'den --. II is 1118 purpose otitis report to revillw1l18 S,;:vficanIeIet'lBiil$ at 1118 gill"'" ".old prepon some basic guidIIIinIIs far Is fuIure use and ".aiiIBioarrea. 1e .. ." \ .. ' . .....: In 1I'Ie pnlC8$$ or dtMIIoping gLide!ines for tile ~on or t!1e historic Chai"8CI8T or IniS ganlen. __ key cr.I8Iia hIM been U98d to evalLmIe and provk!e !he basis for judgemat lIB. One -Is 1tIe ~ or feature InIact, in good oondItion or does thaw acme spegiaI hiSIDric l'IIieil8llClll? Two -Is 1I'Ie element essential to lI'1e overaJl aesIhf.oIIc or visual characIer or !he garden? nne -81'111he'1I &::!ions or ~ which need ID be IJ1def1IiI<en which wcuId c:ontribuIe ID !he long term suMvaJ or pm8MItior. or 1I'Ie garOan? The IcIow.ing mantc!y or gardan ~. !hen, has been eveIua!ad wi!!'; 1t1ese questions in mnd. AABr 1Ile invenIz:lry. a serieS t:A speciIic gufCfelines and /1ICIOImIendati 1OIc7w. It should be no!ed 1hBt 1his study by no means porpons ID be • COii ... eI,ellSii/ll su:wy or all sig<1iIIUlilt!1isll:lric garden elerc ... ,ts. The r!8IIn or CMigt own CCJI oditions and !he fIIlIId to do fur!tler I esea! d I in!o family and local re:::ords ...... jtgtes lhaI tnis repon be ~ general end hypo!hetice! in some or !Is ctoar"llCllM i:zaIia IS. Al1his)Ntiling. i1IormaIicn and sourc:as ""' Still being ,PU"SUEId and further deIaiIs could be CIiS<::cMnd. Some exaMIIion end garOen dearH..tp CO<Ifd i.!IICO'I8r addIIiona1 gartIen eIemIIt Its. Pel '" • oia1 end arruaI pianIs WBt"e just Ileginning to Itp"OUl dumg !he COInEI 0I1I'Ie SiIWy. Follow-up surwys in JaIe :;prlnq and surmer coUd furIher 8I loballsh !he platt IisI!ngs and 1Um up many o{d style pianl --. espedlil)' bull rd root pIa'tt$. Nrj ililoedisle war\< in 1I'Ie garden should cny be underI8ken with this OOIlSidaialioil i't 17ft!. /I Should be IICIIIId 1hBt ""naIS II> 100lidioll5 .. ~.in lI1i5 <vport sud1 as herb ~ !lower gr.:fen. ~ __ arod panels _ .", 1ho5a 01 !he iIU1hOr and do nat, 81 1hiS poinI, '-any COl. oecIiaIl$lI> llisIoiiCal desigt >aIiOI'IS by !he lamiy. The aca:o IIp8II)'ing plan .. a sketch far reI8mii cny end is 001 inI8nded ID be used as a ~ drawing nor is I necessatty ~ in Its po!1nIyaI of ail garden feloIuras. 19 -__ .. u ..... __ ·• --~. "t! , . lhe IoIIowi:Ig inYetItory end an! ill«!!!; are dMc!ed i'Itc two broad categories. First III1i ihe plants and stIQlI idly 1118 ganlen consIM:tions. Where cirded numben; Of IelI8rs appear. !hey a:a ,espoud Ie 1118 pi9n Which follows. PIIJnI:s BIdwggd !rm!s 0 lhe grouping of tIYM _ n 1he NE comer of 1he fronI garCer_ josest Ie !he __ in r8iaIiwIy goQc:I ar.dition. Their slz2 is consist8nI: wi!h hIMng been p/anIeCI ]S.,9Q~ ago. The two other redwoods ~ 1118 dTMIway !lie no! dOOg welt One i!l9 ~ Ie be deed end Should be removed. The o!her ~ sign 01 _ end Should be WIIIered pei iodica!y during lhe summer. Th9re IS a smaBer redwood @ ...... O>G>"aldi)' 6' -8" diam8!Br (near !he waDjlountair1) blocking a portion 0/ !hat irBaUe. ll'is appeai S Ie be • fOOl sproul: and shouid probably be I'IItIIO'rI8CI befOre l damagas !he paving. MmImi ® -The:e are .-a! II18IuI8 myr1It plants In !he garden. They all appear Ie be V&'i8ties 0/ True MynIe (Mynus COIftTUlis) end !he iTlO5t Wpoi tal! speciI I "'" is IhB 12'-15' smaIIlrIIe .-est ... porch/Icggia In !he ffmI garden. lhe _aetiC quaIIIy o/!he 1rUr1I ctwacta end 1118 InIe Icrm Is most atIrIICIiYe anct !)rtlYiCII!s • po Oil" i6I'1l garden focus. AJ doris ShcutcI be Irdeitaken Ie insI.q 1hat !his ~cimen is mail iIaiJ iiKl 3IlCI ~ In • twaIt!1y ccnditian. .XI!rJ ® -1llena _ two 1wQe. speciI liBll Engish Yaws (T--..s ......... ). Ther importance ~ .......... 0I1hair sIza IIIlCI age. One is IOc8!ed n !he 1ra1! 1\oww garden 8T8II, lhe other ,.,-1118 wisIIIIfa .rbar. n-aru rarely pIantad n CaIi!omia .... da is today end !hey SIlQuId be Ii ullOelad. They appew Ie be n good health. O!h!!r I!'ges @-<i) -ihe other _ anct s!Yubs n !he gan:ien ere tarly common Ial ~. ape plants. Their lIig" ..... ce arises beca:J5e 0/ 1tlW maIuii!y and ....-e .... 0/ !he 0'rI8r8II ct .. saar !hey provide Ie tile garden. The h1Ie IiUC8IypIls Ira. n !he beck are 0/ Ui delBi II .. led species (pe!tIacls 1XIi1lilOh). ~ '-been pooiI)I pnr.ad. Two appear 10 be on !he __ prcpeny IineIlllCl present some!!iia.g 0/ I: mail ..... aa.""iCtI pd;>l&m for !he adjaceit buildings. They provide eltec:lMl so"'lIillg. '-. ancI stlcUd be A!pIacecI , ills cIIIIBi ii oirleCI1hat removal is needed. PI!!!M!"J!!\ btdg!!@-The_ bOiIlage. SWprcper!y bOi.ncIary and drM!way .... inecI witI1 a canIinIIouS pial dilag 0/ PiIIDspoi um euge Odes. This has been ITI8iI d8ii I8d as a 6'~' he6~ and forms an eftecIive sc:reMI/encIosur8. It cra&I8S a --gatcIeo"I aeIIing fer 1he fran! 0/ the hOuSe. AI!hough nat UCCO'."Oh ana easily replaced by ilea apeciII&. 1hese tI9dge5 are anln\poitai1t garden ~ much as an archiIactInI Zl • \. / eIeCI\ent. Some pn.nng amg the driwwsy/gamen side to lOwer the hei~ ~ be ~ This would prD'iide betI8r visual ao:ess for !he house and entry areas. MdlIionaI plantings could be done along !he NE properly line to expand the screen eIfIiC:t rrnm !he ~at:enI buiIdngs. Shrubs bmpaCM>Y$ pIBn1S and nOW!!! garden • Thera are numerous other ~ower'.ng snt\Ibs, ~ and annuals SC8!1'e<9d 1hrougOOut !he g~ Some ~ may be unusual Wi\eties suct'. as the dogwood or 1he many lri!I. Furtner study is certainly worth purs,uing. No dOubt. spemo"" spcing and summer flower displays WOUld be apparent with better mainIBnanoB. care SI10UId be taken to $8"8 these by 1rIInSpIantItlQ, r arty site COI1SIn.ICIfng in !his area is caniecI out. A more preciSe inventoty should be undefIaklln 10 be sura !t18I fIJTi rare or unusual wrieIies have no! been~. Herb 9'rdtm -Only a few rermant. hardy, drought-lOlerant hem p!an!s ~ ~ in the area to !he rear of !t>e house. These ~CBIB lhis lhis area was prcbabI'J used as an heft) gardeI1 in !he pas!. This area COUld easiiy be repIanied in a somewtilll formal manner and COUd be used lIS an example of " l<itt:hen and mediCi'W ~ consisI9nt with !he paIiOd of !he house. The rear d the neuse wIl &CCOmi ~ • ~ for hardica;:>;A1d .. : .. s. Wily Ie 1he building. This should be designed Odt in conjuncticn Wilt. a reslol ad heft) ~ Fni! god "OIg'.'#JI!t garden -A few Ii5SOft8d small fn.iIlnIeS Still survive ID 1I'Ie ,.... nor1h comer of !he property. O!her than \!we, the only otMous ir\dicaIiCiI5 of 1I'Ie garden an! 1he stone bonIers for !he paIhs and 1he planting bedi>. Furhr ~ am irwu:;1igaliOi , of thit· aree naecIs to be done before fIIf1 imptNemenIS .. _. ConsInJcIad ~ Sa! idslQ! mtllagstgnc paying @ . This appears in two areas 01 the garden: • 1I'Ie Iron! entry pcM'tt. and Sl9pS next to 1he driY'8way, and in the ~ and pMIQ ICI'tISS 1he 1ron! of 1he house. There may be ather __ of lhis pa>Iing in 01161 II' com lUlU IS or 1he garcIen. It lOoks in generally good concfrtian. Some weeding and ~ IS ~. N_!he Iron! porth. !he paW1g is raIher low in reIaIJon 1D!he 5UT'OIIIClIng area. WaIar pondS in Ihls ..... and some cIrainaQI! WDtk ~ ID be done. SInds!pne wall and gsrdtm _ ® -This ardIed war, 011 the comer of the house prtIIIideS • WCI odet1IJ elIIlIIJCe m 1he 1ront garden I!!lm 1he driveway. The 11'0<181 ad SIOOe eppears m be in good c:oodiIit:In. aI!naogh it was probIIbIy consII'UCI8d -.out ,eidatc;ement. The wcoden gaIB I!seII needs 1D be aomp/eIBIy ~ Sandstolle WBI ga!!!WI!y and fQunIajn © -This compIen.eillai J wall 1It1he oppo5iIe comer of 1he house is similar in COI'ISIJ'IjdiOn 1D !he ent1Y off Ihe driveway. It, too, SMifIS in good COl 1dltiOI, er.cepIll'lat 1hC attached grape art>cr is !ailing apart and • IW8d5 JaCOI ~on. The grepe vine ptesems a fine SCUlptural silhouette against !he sandstOne and some artful pruning could make this a 5p!ICiaI garden fea!ur8. The tcu1UIIn does nat ~ 11) hIM! been used in 8 ~ lOng lime. Its \1m1I cotta lion's head is eroded beyond re;:HIit. WIth careful 8Il8ntlon 10 desiOr: dTld de!al1, this eiemerl! COUld be ~ into an B!IrecIM! foCal point. With a sensitive IIP\l'OSch ~ COUld be _ eel or Slightly modified 10 become II combination planter and waler leSIlJte. 5arids'P" bil i ".'" II'1d pgrxm@ .. This is not as attTac1iW as some of 1he 01her stone gerOe!1 eIeme"ts. It is IocIIIed in or near an area said 10 haIII! been II pond. The tlitdbIdtI &hcJul;;! be reloc:aI8d 11) • less pt'Ominen! area of \he garden. Another small, a.t:utar _ garden/pond ~ 11) haw been Ioca!ed ., \he !lower garden arua. There l1l1I still $omII good spaci1'IS! IS of JapaneSe iris ~ ~. Sandstone ba!!1ets ® . The most remarI<abIe eiemerl! in !he entire garden is \he stone borders. ThPy are ~ and add 8 cor.sisler.cy and S1NCIure 11) the garden no! ,rnlloedial&ly appa!!II1I or BIlPIec:iIItIId. Many pjan!ing beds 1ft almOSt entirely OW6igltmn, but in e few comers or edges the stouewtlCl< still p;n!sIs. An exIDnsiw ~ 01 \he bOOieiS and pa!tlS would reIINI the iIrIpon8> iCe 0I1his element. 1f:r1tT'l portions 0I1tle garden are !8desigi led or disIufbad. 1he SlOne material ShOUld be saved, sttIckpiIed and reused 10 prtMde borden; for MW ateas. Note: 1he stene material is a sa idStOc ... W!'I Similar in chaUtClilr 10 that us'!!! <In the SIa Iud ~ A1I1!1f the 1906 8If1hquakII, Ui" own amounts af $III idStOc Ie pi8ceS --,,,-"avecI tam CIebrI5 of dairt»;j8d tudings. Bruce Wiggins of S1anfon:I UrMrSity Grcund& Maintanance COIpoi IItiUi i Yard (1eIephoc Ie< COl Ire saIiOI i 1992) ~c !hal there .Is • S!IOIIg pc .. 1tliIiI)-Iha! sancIsIuo ... from the campus COUld haw IYIIKk 'YlrljIO the WI1iamr. resideI'lce, as It has ~ fDuncI in OIlIer erees oft campus. WIIIIria IrtX!!' ®. Crossing and dividing the \IiiI dens 10 the I1OI1h of the ~ is a 1ainy large (10' )( 40' +) 8Itlcr. AIIhDugh siIilIIe in construdiOn withOoJt BJ d IiItiClurel cIetYil this is • major spatial el8ment in the garden. It is in reIaIMIIy good stn.ICIurIII ccuditiw and CiIltailily SIIc:Ud be ,alai".d In !he gardIin. The wisIeria was Y't Ie bud cut dumg this S!Udy. bill II most 0MainIy must ~ a spec!aa.IIar dispI8y of fIowar end color when • is in fUI bIccm. "gan:len f'IIaII.n of this kind •• "aills partiwIar _Ilion as a majOr design .... nerl!. priyIwlIy and FUr ~ na@·n-1l"1MI areas In alSO in reI8tiII8I)' good ceo idiIicn ... the _ rlthe rear paIidng area Is • CO'lC8II8 cal ... itIIi Slab which ~s 10 hIM! been a Ury well sump tor ell ... iI06. It no Icnger luncIicns property and bec:XImeS It pond dIsing IlIinS. "o;:a riplolla • dnIinage 5y$Ii!m shauicI be dlrW elcped. II is said a green.'lCuse was IccaIed near !he rear property finB at one time. 22 ~ I " , ,; 1. ?' ________ .. "" ______ ... i_~. N. Guidelines for GaYden and Site Many panior IS end _ ar !he garden are Q\/e' g' 0WI'1 end neglected. Undenake 8 Ihorough InvartIory end survsy of !he Site to document whBI Sbll 8>iisIs. This sto.IJd ildude a de1aI1ed sII8 bour1dary and IOpOQraphic SUM!)' end an ~ IocaIIcn and ideflIificaIjon of as many garden faaIures lIS is IX........ In addition ~ plan! iTwentaies need Ie be done from spmg 1I'IOIq1 SUImlBI' Ie doCument what peremia1 and emual plan!s have SUNiv8d and 10 fur1her ~ !he !IeaIIi1 of 1he larger IJ8eS and Shrubs. 2. Any modlflCiltioris Ie 1he garden for additional building, impfoYed parking or 0U!d0cr activity arMS ShCufd oniy be done with !he ~nt ar a landscape ar::hI!Ioc:I 6lCjl8i j"""ed in and ssnsitive Ie hislDi icaI aspeas ar this kind ar ganjerI. My removal of plants or I8attJres should be 1I'lot"cIughIy doeumenIed and phoIogi ... 'led. RealnstructiOflS or nsw fsaDJres SUCh as fences and ~ GhoUd be .. ~ with !he cl i81iiCI>n ar 1he 8ICis!ing 8I'CI1iIed1JreI ulerTliii lis. CompIeItt plans and en ... "", should be preplli tid priOr 10 8f"J constnJction and apptOV8d by • Ialldsca;le IW'ChitBcl 3. Prepare a siIe dllIi, iiig+' ,...,n with recommet daIioIlS for improving !iOm8 of 1he p!'ObIem ames. II sh-...Ad include 1he poss~ IlS'aftatioll ar. subsl.rfaoe ~ .. pcx1ioIlS ar Iha siIe. 4. Design and NlaII 811 aJtomaIic ill igab , systam .. Iha gan:IM. This WCYIcI haw! 10 be carefuIy designed and CQrlSIru::Iad so as 10 creE !he least amount Of ctiBUbanc:e. ft-is the onty way to iilpiolJ6 the _OO"CA"'" fee l;£ttyor mai 1181 iii og SUCh a large site. 5. Mail.l8i "* tmmedj1!!I! AC!joO PI epeatioilS sI10UId be ~ to begin some kind of maintenance lIS soon as possible. AnoIher summer wililoot _ and with und1eckad we8d growIh could be dlhBSbllftIg 10 1tis QBfden. Lpng 1m WIIOIMIr IISSUITle$ 'espOi ISibiIiIy for !he hOuSe IhouId indI.'de adequate prcMsign at funds tor gan:Ien II_ dIoi .. let. Z3 .-" , v [Ell !'ROM STR En rRC~"T GARDEN ~YRTL! 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