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HomeMy WebLinkAboutReso 59-13 Pking Land Lease Agmt RESOLUTION NO. 59 - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PARKING LAND LEASE AGREEMENT WITH BICENTENNIAL SQUARE PARTNERS WHEREAS, in January 2009, the City entered into a Sales Tax Reimbursement Agreement with the Ring Family Revocable Trust doing business as Ring Properties relating to tenant and site improvements at 11501 Dublin Blvd., commonly known as 580 Executive Center; and WHEREAS, the second phase of the Agreement included site and right-of-way work associated with the development of additional parking to accommodate future needs and growth of Graybar; and WHEREAS, since the adoption of the Agreement, Staff has been working with Bicentennial Square Partners (also doing business as Ring Properties) on tenant, building, site and right-of-way improvements (including Site Development Review); and WHEREAS, under the proposed Parking Lease, Bicentennial Square Partners would utilize 17,132 square feet of public right-of-way for purposes of assembling an undeveloped area on the west side of the property; and WHEREAS, Bicentennial Square Partners would improve the public right-of-way and be subject to annual lease payments with a not to exceed 2.5% annual Consumer Price Index adjustments; and WHEREAS, this rate would be waived in any given year where the cumulative taxable sales attributable to the 11501 Dublin Blvd. business address is $40 million or more; and WHEREAS, the term of the lease period is 50 years with the ability to extend upon mutual agreement; and WHEREAS, a clause has been added to the Lease that if Bicentennial Square Partners constructs any new building on its property, the property owner would need to acquire in fee title the right-of-way lands from the City at the current fair market value; and WHEREAS, the proposed Lease will result in a greater public benefit to the City than what was originally anticipated for the following reasons: 1. The project will create a more aesthetically pleasing portion of the Dublin Blvd. corridor; 2. The project will provide the 580 Executive Center with the ability to house more small businesses and employees, both at Graybar and for other tenants at 580 Executive Center; 3. The project's proposed new upper terrace parking alternative will provide five times the parking at twice the cost; and 4. More business and employees result in more spending locally. Reso No. 59-13,Adopted 5-7-13, Item 7.3 Page 1 of 2 NOW, THEREFORE BE IT RESOLVED that the City Council approves the Parking Land Lease Agreement with Bicentennial Square Partners attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Parking Land Lease Agreement substantially in the form attached hereto. PASSED, APPROVED AND ADOPTED this 7th day of May, 2013, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Anti Mayor ATTEST: City Clerk Reso No.59-13,Adopted 5-7-13, Item 7.3 Page 2 of 2 RECORDING REQUESTED BY: City of Dublin When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin,CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's Use CITY OF DUBLIN PARKING LAND LEASE THIS LEASE is made and entered into as of the day of May, 2013, by and between the City of Dublin ("City"), a municipal corporation of the State of California, and Bicentennial Square Partners ("Lessee"),a California general partnership. RECITALS City owns all that certain real property located adjacent to APN 941-1570-004-03 to the south with a street address of 11501 Dublin Boulevard. City and Lessee desire to enter into a lease relating to the occupancy of certain premises (the "Premises") adjacent to APN 941-1570-004-03 to the south with a street address of 11501 Dublin Boulevard ("Lessee's Business Center") for the purpose of constructing and operating an overflow vehicle parking lot in support of Lessee's Business Center(the "Project"). The Premises are more particularly identified and described in Exhibits A and B and identified as a Parcel of Land adjacent to Parcel A as said Parcel is shown on Parcel Map 5179, Book 170 of Parcel Maps, page 19, encompassing 17,132 square feet, or 0.393297 acres, which are incorporated herein by this reference. Lessee's right under this Lease are strictly limited to the defined premises. NOW,THEREFORE,IT IS AGREED AS FOLLOWS: TERM City leases to Lessee the Premises for a term of fifty (50) years commencing on the date written above, and ending on the fiftieth (50th) anniversary thereof. The term of the Lease may thereafter be extended for an additional period of time by mutual written agreement of the Parties. RENTAL RATE Lessee shall pay to City a rental in accordance with the following provisions: • 1 a. The initial rental rate for the Premises shall be 50.1751109 per square foot per year. The Premises contain 17,132 square feet (see Exhibit A). Hence, the base rental rate for the Premises shall be$3,000 per year. b. The Rental Payment shall be waived for any calendar year in which the businesses occupying Lessee's Business Center generate at least Forty Million dollars ($40,000,000.00) in taxable sales within the City of Dublin. No later than April 30 of each year during the term of the Lease, and no later than April 30 of the succeeding year after the term of the Lease, City shall inform Lessee whether a lease payment shall be required for the previous calendar year and the amount of the lease payment required to be made. Lessee shall pay said lease payment no later than the following June 30. The amount of the final payment made pursuant to this Agreement shall be pro-rated to reflect the actual duration of the lease in that final calendar year. c. Whether or not a lease payment is required pursuant to Section 2.b of this Agreement,the base lease amount shall be adjusted annually to reflect the change in the San Francisco-Oakland Metropolitan Area Consumer Price Index ("CPI") over the previous year, All Urban Consumers (ref 1982=100), ("CPI adjustment") between the index most recently published prior to March 30 of each year, and the corresponding index published twelve months earlier. In no event shall the rent be less than the immediately preceding base annual rental. The annual CPI rent adjustment for any year shall not exceed two and a half percent(2.5%). LATE CHARGES If any installment of rent due from Lessee is not timely received by City, Lessee shall pay to City an additional sum of five(5) percent of the overdue rent as a late charge. Furthermore, any amount outstanding after 30 days or more shall bear interest from the due date to the date of payment at a rate of one-half percent(0.5%) per month. Acceptance of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount, nor prevent City from exercising any of the other rights and remedies available to City. If Lessee fails to pay its rent for more than three (3) months after it is due, Lessee shall be in default of this Lease. USE OF PREMISES The Premises shall only be used for vehicular access and parking including related access ways, drive aisles, medians, islands,curbs and landscaping. Lessee shall not use or allow the use of the Premises for any unlawful purpose. Lessee shall not, without the City's prior written consent, make any alterations, improvements, or additions to the Premises or any portion thereof except for those set forth in the approved plans and specifications for the Project. TITLE TO IMPROVEMENTS Lessee agrees that all improvements made upon the Premises by either party shall upon the expiration or termination of this Lease be and become the City's property,and shall remain upon and be surrendered with the Premises as part thereof upon termination of this Lease. Any changes or improvements made to the Premises by Lessee without prior written approval from City if such approval is required hereunder shall be restored to their original condition prior to surrendering the premises. 2 UTILITIES.TRASH AND REFUSE Lessee shall pay or cause to be paid, and hold City free and harmless from all charges for all utilities, including but not limited to electricity, required to utilize the Premises for the purposes described in Section 4 of this Agreement, as well as for sweeping, landscaping and the removal of any trash and refuse from the Premises until the expiration or termination of this Lease. Lessee shall arrange for the quick and efficient collection and disposal of any trash and refuse from the Premises at Lessee's expense in accordance with all applicable laws and ordinances. Lessee shall not allow abandoned vehicles, equipment, scrap or other debris to collect in any way on or about the Premises. Upon failure of Lessee to comply with the provisions of this section, the City may enter upon the premises, and undertake any necessary cleanup and maintenance activities. If Lessee fails to pay reasonable charges incurred in connection therewith, City may elect to declare the Lease in default. RULES AND REGULATIONS In its use and operation of the Premises, Lessee shall comply with all applicable statutes,ordinances, or regulations now or hereafter adopted by any federal, state, or county governmental entity, and with all ordinances, regulations, policies, and guidelines now or hereafter adopted by the City of Dublin, and applicable to Lessee's use of the Premises. If any license, permit, or other governmental authorization is required for the lawful use or occupancy of the Premises or any portion of the Premises, Lessee shall procure and maintain such license, permit, or other authorization throughout the term of this Lease. MAINTENANCE AND REPAIRS Lessee shall, at its sole cost and expense, keep and maintain the Premises in good and sanitary order, condition and repair, hereby waiving all rights to make repairs at the expense of City as provided in Civil Code section 1942 and all rights provided for by Civil Code section 1941. Any failure to maintain or make said repairs upon being notified by City's agent shall constitute a default by Lessee as outlined under the default section of this Lease. ALTERATIONS AND ADDITIONS Lessee shall not make any alterations to or erect any structures or improvements on the Premises that would not comply with the provisions of this Lease without City's prior written consent. Any alterations or additions approved by City shall be constructed at the sole expense of Lessee and shall include the required City Building Permit(s)and related inspection fees. Applicant shall require any contractors performing any alteration or construction on the Premises to pay prevailing wages pursuant to the requirements of the California Labor Code,Section 1771,et seq. For the purpose of this Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification,or type of worker employed on the project. 3 The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address,social security number,work classification,straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman,apprentice, worker or other employee employed by the Contractors or subcontractors in connection with the Work. The payroll records shall be kept in accordance with the provisions of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with requirements of such Section 1776. INSPECTION AND NOTICE City shall upon twenty-four (24) hours' notice to Lessee, have the right to go upon and inspect the Premises and any and every structure or improvement erected or constructed, or in the course of being erected or constructed, repaired, added to, rebuilt, or restored thereon, and also to serve or to post and to keep posted thereon, or in any part thereof, any notices required by law. INSURANCE Lessee shall procure and maintain tor the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from, or in connection with Lessee's operation and use of the Premises, which shall be acceptable to the City's Risk Manager. The cost of such insurance shall be borne by the Lessee. a. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage ("occurrence" form CG0001). b. Minimum Limits of Insurance Lessee shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/location. Coverage shall include but not be limited to: blanket contractual; products/operations completed, and broad form property damage. Coverage shall pay on behalf of the insured and provide defense in addition to limits. c. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to the City of Dublin if greater than its current deductible or self-insured retention of$25,000. d. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain,the following provisions: (1) The City of Dublin, its officers, officials, employees and designated volunteers are to be covered as additional insureds as respects: liability arising out of premises 4 owned, occupied, under the care, custody and control of or used by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Dublin, its officers,officials,employees or designated volunteers. (2) The Lessee's insurance coverage shall be primary insurance as respects the City of Dublin, its officers, officials, employees, agents and designated volunteers. Any insurance or self-insurance maintained by the City of Dublin, its officers, officials, employees or designated volunteers shall be excess of the Lessee's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of any policy including breaches of warranties shall not affect coverage or protection provided to the City of Dublin, its officers,officials,employees,agents or designated volunteers. • (4) Coverage shall state that the Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Defense shall be provided in addition to the required limits for all policies required by this agreement. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after ten (10)days' prior written notice by United States mail has been given to the City of Dublin. e. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, who are licensed to do business in California. If the insurer is not licensed to do business in the state of California,the A.M. Best rating is to be no less than A+:X. f. Verification of Coverage Lessee shall furnish a copy of these requirements to Lessee's insurance agent. The agent shall furnish the City of Dublin with certificate(s) of insurance and endorsements evidencing coverage required by this clause. By sending the requisite documents, the agent is certifying the Lessee maintains the appropriate coverage. The documents are to be signed by a person authorized by that insurer to bind coverage and endorse policies on its behalf. All documents are to be received and approved by the City of Dublin before Lessee takes possession of the Premises. The City of Dublin may for any reason require the Lessee to provide complete, certified copies of all required insurance policies affecting the coverage required by these specifications. Throughout the term of this Lease, Lessee, or its insurance agent, shall furnish City with evidence of insurance or a binder 30 days prior to expiration of the current certificate(s). HOLD HARMLESS To the fullest extent permitted by law, Lessee agrees to, at Lessee's sole expense,defend, indemnify and hold the City, its officials, directors, employees, designated volunteers, and agents harmless from and against any or all loss, liability, expense, claim, cost, suits, assessments, fines, penalties and 5 damages of every kind, nature and description, including reasonable consultant, expert and attorney's fees,and court costs for or on account of damage to property or injury to persons arising from anything done or performed, or omitted to be done or performed, on the Premises by Lessee, employee of Lessee, any subtenant, invitee, guest, contractor or licensee of Lessee, or any activity carried on by Lessee,employee of Lessee, any subtenant, invitee,guest, contractor or licensee of Lessee in connection with the Premises. Approval of the insurance requirements of this Lease does not relieve the Lessee from liability under this hold harmless clause. TAXES Lessee is advised that under Revenue and Taxation Code Section 107.6,a possessory interest subject to property taxation may be created by this Agreement. During the term of this Lease, Lessee shall pay or cause to be paid, prior to delinquency, any and all taxes, including possessory interest taxes and any assessments, licenses, and fees levied or assessed on the Premises,on all possessory interests hereunder or in the Premises,and on any improvements,fixtures, and equipment now or hereafter existing on the Premises and on any personal property situated on or about the Premises. It is understood, however, that Lessee may pay any such taxes and assessments under protest without liability,cost,or expense to City,and in good faith contest the validity or amount thereof, ASSIGNMENT OR SUBLETTING Lessee shall not assign,transfer, mortgage, sublet,or otherwise transfer or encumber all or any part of Lessee's interest in this Agreement or in the Premises without the prior written consent of the City. If Lessee is adjudicated as bankrupt or becomes insolvent, or if possession of any interest in the Premises is taken by virtue of any attachment, execution, or receivership, City may, at its election, unless such bankruptcy proceedings be terminated in favor of Lessee and such insolvency be cured or such possession regained within ninety(90) days thereafter, terminate this Lease by service of notice to such effect upon any person found in the possession of the Premises. SURRENDER OF POSSESSION At the expiration of the leasehold term, Lessee agrees to yield and deliver to City the possession of the Premises and physical improvements either existing or erected by Lessee pursuant to the terms hereof in good condition, normal wear and tear excepted, DEFAULT Upon Lessee's default of any of the terms and conditions of this Lease, the City may terminate the Lease if not cured within 30-days after written notice to Lessee sent in accordance with Paragraph 27; provided that if such default is not reasonably susceptible of cure within such 30 day period and Lessee is acting with diligence in attempting to cure such default, such 30 day period shall be extended to such time as is reasonable under the circumstances. UTILITY EASEMENTS City reserves the right to grant nonexclusive easements to others under, through, across or on the Premises in locations that will not unreasonably interfere with Lessee's use of the Premises. If the 6 installation or maintenance of utility lines, cables, pipes or other equipment ("facilities") in such easements causes any damage to facilities upon the Premises, including but not limited to pavement, curbs and sidewalks, the facilities will be repaired by City at its expense if not so repaired by the party installing or maintaining the facilities. Lessee acknowledges that the Premises is subject to existing utility facilities easements. Lessee agrees to conform with the requirements of the existing utility easements. Further, Lessee and City acknowledge that Lessee intends to use a portion of the Premises to build and maintain a storm water treatment pond for the purposes of drainage and treatment of storm water originating from the Premises. OPTION TO PURCHASE At any time during the term of this Lease, Lessee shall have the option to purchase the Premises for its fair market value as reasonably determined by an appraisal done by an MAI appraiser acceptable to both parties at the time the option is exercised and subject to negotiation of a purchase and sale agreement acceptable to the parties. OBLIGATION TO PURCHASE In the event that Lessee exercises its right to construct a pad building adjacent to the parking field, the City shall have the option to require the Lessee to purchase the Premises for its fair market value as reasonably determined by an appraisal done by an MAI appraiser acceptable to both parties at the time. TERMINATION By City: If, at any time after the date of execution of this Lease, City determines in good faith that it requires the Premises or any portion thereof for uses including, but not limited to public safety purposes or widening of Dublin Boulevard, City shall give one hundred and eighty (180) days' written notice to Lessee, thereby terminating this Lease as to the portion of the Premises so required and only for such period of time as the City uses such portion for such purposes. By Lessee: If, at any time after the date of execution of this Lease, Lessee desires to vacate the Premises, Lessee shall give one hundred and eighty (180) days' written notice to City, thereby terminating this Lease and relinquishing full title, control, and possession of the Premises and improvements to City. In the event of termination by Lessee, Lessee shall surrender any and all improvements made to the Premises and shall not be entitled for reimbursement by City for such improvements INVALID PROVISIONS.SEVERABILITY If any term of this Lease is held invalid by a court of competent jurisdiction, the invalidity of such term shall not invalidate any other term of this Lease; provided, however, that the invalidity of any such term does not materially prejudice either City or Lessee in their respective rights and obligations contained in the valid terms of this Lease. ATTORNEY'S FEES 7 If any legal action is commenced to interpret or to enforce the terms of this Lease or to collect damages as a result of any breach of this Lease, then the party prevailing in any such action shall be entitled to recover all reasonable attorneys'fees and costs Incurred. LEASE IN MULTIPLE COPIES This Lease is executed in multiple copies, and each executed copy shall be deemed an original. MODIFICATIONS Lessee agrees that the terms of this Lease constitute the entire Lease between Lessee and City regarding the Premises. However, this Lease may be modified by written agreement of the parties. BINDING ON SUCCESSORS The terms contained in this Lease shall, subject to the provisions as to assignment,apply to and bind the heirs,successors, executors, administrators, and assigns of the Parties. GOVERNING LAW This Lease, and all matters relating to this Lease, shall be governed by the laws of the State of California, or other applicable and superseding federal law, in force at the time any need for interpretation of this Lease or any decision or holding concerning this Lease arises. NOTICE Notice shall be effective from the date of mailing. Any and all notices to be given under this Lease, or otherwise, shall be sent via certified mail with postage prepaid to: Lessor Lessee City of Dublin Bicentennial Square Partners Attn:City Manager 15671 Stanton Road 100 Civic Plaza Grass Valley, CA 95949 Dublin,CA 94568 Attn:Kevin Ring IN WITNESS WHEREOF, the parties to this Lease have caused it to be executed by their officers thereunto duly authorized so to do this—day of April, 2013. SIGNATURES MUST BE NOTARIZED FOR RECORDING BICENTENNIAL SQUARE PARTNERS, a California general partnership, ? Date: // / 2 C)1' 3 By: f .� !!! 3/// / Nevin Ring, Authorized Partner See .Attached Farm ter Nolan t:ori 1-ie:�te 8 CITY OF DUBLIN, a municipal corporation of the State of California, Date: By: Joni Pattillo, City Manager ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Attachments Exhibit A—Legal Description of Lease Premises Exhibit B—Diagram/Plat Map of Lease Premises 1957770.4 9 CALIFORNIA ALL—PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Set , Lcars Old,sre Onii f 3 before me. I Acre insert ante and lisle "the a fficeri I personally appeared (Ce Li R: who proved to me on the basis of satisfactory evidence to he the person(*whose name* is/ape subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(dss'j. and that by his/her/their signature(sa-on the instrument the person(*or the entity upon behalf of which the person(aet acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. a•^ ;, Be��t•�T� lfr. Commission 02001529 -//p// �1 JJ p nit • a�'qa'�' ' l Commisalo -2001529 c p-rhdre k .Z- ni '�.lf+e ti '/ SonluteOMaWec'mly 1: L•i.. r My Comm.Expires Dec 202076 Signature of Notary Public (Notary Seal I • _— ___. ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ATTACHED DOCUMENT elny acknowledgment completed in Cak/ornro nowt contain verbiage exact& as DESCRIPTION OF THE ATTACHED appears above in the nanny section er u separate acknowledgment form must be,,// properly completed and attached to Thar document The Wily exception is if a L C45c. Cr�Gj reefers f'n.:r' acumen)is to he recorded outside ofCal(larrrtg In such instances.any alternative (Title o ascri ption ofattached documenti acknowledgment verbiage us may be printed on such a damn'',so long ar the verbiage does not require the notary to do something that is illegal for a mane in California rte. certlfring the antfiorlxed capacity of the signer) Please check the (Title or description of attached document continued; decumenI carefdly for proper notarial wording and attach thwform a required Number of Pages Document Dare • Stare and Count'information must be the State and County where the document signegsl petsonally appeared before the norm public for acknowledgment. • Dare of notarization most he the date that the signet-tat personally appeased which t must also be the same date the acknowledgment is completed. I,Additi until infonnationl • The notary public must print his er her name as it appears within his or her commission followed by a comma and than your title t notary public l • Print the namosl of document sicnensl who personally appear at the lime of notarization, CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by crossing off Incorrect forns tie I ndi vidual ryC tie shelth. p is/we t or circling the correct forms Failure to correctly indicate this Corporate Officer information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible ri Impression must not cover re es or lines. If seal impression smudges, reseal if e (Title l sufficient area permits,otherwise complete a different acknowledgment farm. C Partner(sl • Signature of the notary public must match the signature on rile wilt the office of Attorney-in the county clerk. C Trustee(s) ' Additional information is not required but could help In ensure this acknowledgment is not misused or attached to a different document. C' Other °r Indicate title or type of attached document.number of pa ties and dare. Indicate the capacity claimed by the signer. If the claimed capacity Ic corporate officer. indicate the title ti.e.CEO.CPC.Secrewryl. • Securely attach this document to the signed document 2008 Version CA PA v12.10.07 8004734E65 www NomryCtasses.eom EXHIBIT `A' (LEGAL DESCRIPTION) , THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN AND IN THE COUNTY OFALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; BEING A PARCEL OF LAND ADJACENT TO THE MOST WESTERLY LINE OF PARCEL A' AS SAID PARCEL IS SHOWN ON PARCEL MAP 5179, BOOK 170 OF PARCEL MAPS, PAGE 19, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 'A' AND PROCEEDING SOUTHWESTERLY ALONG THE NORTHERLY PROPERTY LINE OF SAID PARCEL THE FOLLOWING COURSES; SOUTH 79° 10' 04" WEST, 238.93 FEET;NORTH 25°28'48" WEST, 29.49 FEET; SOUTH 64°31'12" WEST, 141.96 FEET TO THE TRUE POINT OF BEGINNING OF THIS PARCEL: THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID PARCEL A' SOUTH 64°31'12" WEST, 243.73 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 91°36'54" AN ARC DISTANCE OF 39.97 FEET TO THE NORTHERLY LINE OF THE STATE OF CALIFORNIA RIGHT OF WAY AS SAID RIGHT OF WAY IS SHOWN IN PM 5179; THENCE PROCEEDING SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE SOUTH 83°45'00" WEST, 118.95 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE AND PROCEEDING THENCE NORTH 22°49'33" WEST, 35.15 FEET; THENCE NORTH 67°10127" EAST, 72.43 FEET; THENCE NORTH 64°29'38" EAST, 138.92 FEET; THENCE NORTH 67°10'27" EAST, 44.85 FEET; THENCE NORTH 68°52'35" EAST, 52.75 FEET; THENCE NORTH 72X0'17" EAST, 71.40 FEET; THENCE SOUTH 25'28'48" EAST, 29.49 FEET TO SAID POINT OF BEGINNING. CONTAINS 17,132 SQUARE FEET, MORE OR LESS BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, NAD 27, ZONE 3. MULTIPLY ABOVE DISTANCES BY 1.0000973 TO OBTAIN GROUND LEVEL DISTANCES. 1 OF 2 ATTACHED HERETO ISA PLAT ENTITLED EXHIBIT 'B'AND BY THIS REFERENCE IS MADE A PART HEREOF .421 E.�p��E. Wo 441 S C7 Z No. C 29851 * Exp.03/31/13 * 9� CIVIL 4? • CAOFO -`��4/204-or./ m/ _� 3 MARK E. WOODS DAT'D R.C.E. 29851 EXP. 03/31/13 2OF2 O,p`!\•0 N68°52'35"E 52.75'N72°20'17 E \ 0��V p�g��N " N25°28'48"W _�– 29.49'"/ N67°f0 27"E / POINT OF CIT! OF OVSir 44.85' BEGINNING 79 j°.0 96 — N67°l0'27"E 238.9"72.43' Ji°' 35' 6 , N25°28'48"W, 2949' -/g38E�� A�T3A° 1i2. c / $,,3&9Z �`' t N6R 25.00' PARCEL A . ter' �4 }� D=91°36'54" 170 PM PM 19 L=39.97' JJ ,� ILLJ llL.l LEASE PARCEL ILILI .LL11111.w _Ll.l.(1111 r l il lJ i i t i l i i/1 lJ.l.fJJ.1J�- AREA=i7,132± SF STATE OF CALIFORNIA CALIFORNIA INTERSTATE 580 N83°45'00"E, 118.95' — N22°49'33"W, 35.15' o iiS3/gy,,. E. WO .A* Exp.03/31113 * il�9 CIV1L da � OF c$ 9' OV1V2 0/3 ll 0 50 100 200 DA TE: 01/24/13 EXHIBIT 'B' SCALE: 1"=100' LEASE PARCEL ADJACENT TO no Desyn Resources, Inc SHEET 1 BOOK 170 PM 19 Maxi°•Ep•••f••Mel." GRANTED TO w.ww n..,cnro..+.xn°xaa m Waal xo-xv° OF 1 SHEET 580 EXECUTIVE CENTER PROD. NO. 08017 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA ' P:\Drawings\08017-20 11501 Dublin Blvd\Legal\LEASE PLAT.dwg,1/24/2013 1:17:04 PM,Station M, 1:1,P/A Design Resources,Inc.