HomeMy WebLinkAboutAgr 2005-08-19 (Caceres)
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2005-0064485
RECORDING REQUESTED, RETURN TO:
TOWN OF TIBURON
DIRECTOR OF COMMUNITY DEVELOPMENT
1505 TIBURON BOULEVARD
TIBURON, CA 94920
Recorded
Official Records
County Of
Marln
JOAN C. THAYER
Recorder
I REC FEE 46.00
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09:24AM 24-Aug-2005
AGREEMENT REGARDING APPROVAL OF AMENDMENT, ALTERATION, OR
TERMINATION OF PARKING LEASES AT 41 MAIN STREET, TIBURON, CA
ASSESSOR PARCEL NO. 059-151-04
This agreement is by and between the Doris J. Caceres Trustee of
THE DORIS J. CACERES REVOCABLE LIVING TRUST ( "Owner" ) and the
Town of Tiburon, a municipal corporation ("Town") regarding
certain parking leases for 41 Main Street, Tiburon, California
(APN 059-151-04), more particularly described on Exhibit A (the
"Property"). These parking leases specifically include the
parking leases by and between Owner and Main Street Properties
dated June 10, 2002, attached as Exhibit B and between Owner and
Point Tiburon Plaza, Inc. dated May 26, 2002 attached as Exhibit
C, and are hereinafter referred to herein collectively as the
"Parking Leases".
The Property has been approved as a mixed-use
commercial/residential project (the "Project") by the Town
pursuant to a conditional use permit approved by the Town, which
conditional use permit was filed in the Official Records of Marin
County, California on December 28, 2001 as Instrument No. 2001-
0091020 (the "CUP"). Said CUP was subsequently amended with
respect to required parking provisions by a conditional use
permit amendment approved by the Town and filed in the Official
Records of Marin County, California on July 1, 2002 as Instrument
No. 2002-0056987 (the "amended CUP") .
As a condition of the amended CUP, the Owner is required to
furnish six (6) parking spaces for the residential component of
the Project. The Owner has satisfied this requirement by having
made and entered into the Parking Leases. The condi tion of the
amended CUP also requires that the Parking Leases contain a
provision that "...any amendment, al teration, or termination of the
lease (s) must be approved in writing by the Town of Tiburon."
The Parking Leases were executed without such a provision, and
the purpose of this Agreement is to cure this defect in the
Parking Leases. Nothing in this Agreement shall be construed as a
waiver of any conditions of the CUP, amended CUP, or the Town's
right to enforce those conditions.
S:\Planning\Staff Folders\sanderson\Miscellaneous\41 main agreement2.doc
Owner hereby agrees not to execute or otherwise consent to any
amendment, alteration or termination of the Parking Leases
without the Town's prior written approval, except for any
Adjustment pursuant to Section 3(b) of the Parking Leases.
Upon termination of any of the Parking Leases, Owner shall comply
with the requirements of the amended CUP and the Tiburon Zoning
Ordinance with respect to maintaining parking for the project.
Non-Compliance. Failure to comply with the terms of this
Agreement shall be grounds for revocation of the CUP.
Attorneys Fees. In the event any party hereto institutes legal
action or arbitration to enforce or interpret its rights under
this Declaration, then the prevailing party or parties shall be
entitled to reasonable attorneys' fees in addition to other costs
of suit as awarded by the court or arbitrator.
Governing Law. This Declaration shall be governed under the laws
of California. The Town shall have the right to enforce the
provisions of this Agreement in any manner allowed by law.
Equi table Servi tudes i Covenants Running Wi th the Land. All of
the covenants herein contained shall be deemed to be equi table
servitudes enforceable by any of the Owner and the successors and
assigns of the Owner and holders of title to the Property or any
portion thereof and shall be covenants running with the land and
shall be binding upon and inure to the benefit of all parties
having or acquiring any right, title or interest in any of the
property herein described.
Termination of Agreement. This Agreement may be unilaterally
terminated by the Town at any time by adoption and recordation of
a resolution of the Town Council to that effect.
Made and executed on ~{J.4,L 17 ~rJ . 2005
Owner:
By:
~~
Trustee of The Doris J, Caceres Revocable
S:\Planning\Staff Folders\sanderson\Miscellaneous\41 main agreement2.doc
2
Town of Tiburon
By:
APPROVED AS TO FORM:
/?'&/7 ~
Ann R. Danforth, Town Attorney
Attachments:
Exhibit A
Legal Description of The "Property"
Exhibit B
Parking lease by and between Owner and Main Street Properties
dated June 10, 2002
Exhibit C
Parking Lease between Owner and Point Tiburon Plaza, Inc. dated
May 26, 2002
S:\Planning\Staff Folders\sanderson\Miscellaneous\41 main agreement2.doc
3
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ALL-PURPOSE ACKNOWLEDGMENT
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signatures(s) on the instrument the person(s),
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NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
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acknowledged to me that he/she/they executed
the same In his/her/their authorized
capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
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WITNESS my hand and official seal.
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OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
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EXHIBIT A
LEGAL DESCRIPTION
41 MAIN STREET
(ASSESSOR PARCEL 059-151-04)
ALL THAT CERTAIN real property situate in the City of Tiburon, County of Marin, State of
California, described below as follows:
PARCEL ONE:
BEGINNING at a point which is by transverse from Tide Land Post 469 and Iron Bolt set in a
cement post on the South side of the Isthmus connecting the main land with Peninsula Island,
FIRST: South 64054' West 203.48 feet to a concrete monument and SECOND: South 59045'
West 66.38 feet to the said point of beginning; running thence South 59045' West 56.25 feet;
thence North 41044' West to the South line of the County Road; thence along said line North
69024' East 59 feet; thence leaving said line along the Westerly line of the property conveyed by
W. A. Power et ux to H. O. Adams by deed recorded January 24th, 1928 in Book 137 of Official
Records at Page 482, to the point of beginning.
PARCEL TWO:
A NON-EXCLUSIVE RIGHT OF WAY over the following described property:
BEGINNING at a point which is by transverse from Tide Land Post 469 above referred to.
FIRST: South 64054' West 203.48 feet and SECOND: South 59045' West 122.63 feet; running
thence from said point of beginning, North 41044' West to the Southerly side of the County Road;
thence South 69024' West 10 feet, thence South 41044' East 58.18 feet; thence North 59045' East
10 feet, more or less, to the point of beginning.
EXHIBIT B
PARKING LEASE
THIS PARKING LEASE (this "Lease"), dated as of June 10,2002, by and between
Edward G. Zelinsky, Laleh S. Zelinsky, husband and wife, and Barbara Z. Abrams, individually and as
Trustee of the Alan L. Abrams Trust, d.b.a. Main Street Properties, (the "Lessor"), the owner of the
Tiburon Boulevard Parking Lot (the "Property"), located at 1525Tiburon Boulevard, Tiburon, California,
and the DORIS J. CACERES TRUST (the "Lessee").
In consideration of the mutual covenants and conditions herein contained and for other
valuable consideration, it is hereby agreed:
1. Use of Premises. Lessor, in consideration of the sum of One Hundred Eighty Dollars
($180.00), which sum is for three (3) parking spaces at Sixty Dollars ($60.00) per space, paid to Lessor by
Lessee in payment of the first month's rent, the receipt of which is hereby acknowledged, hereby and upon
the following terms and conditions, leases to the Lessee, and the Lessee hereby hires and takes from the
Lessor, those certain parking spaces set forth herein, namely Three (3) parking spaces in the Tiburon
Boulevard Parking Lot (the "Premises"). Lessee has leased the Premises to provide off-site parking spaces
for residents, guests, permittees and invitees of Lessee and/or residents (together, the "Permitted Parties")
of Lessee's contemplated condominium project (the "Condominiums") seven (7) days a week (the "Hours
of Operation"), subject only to normal municipal street cleaning operations. The Premises shall remain
open and available for parking by the Permitted Parties at all times during the Hours of Operation. Lessee
acknowledges that there are no :r:.eserved_parking spaces. Each car must have a valid parking pass displayed
on the dashboard of the car, or pay the daily fee.
2. Term. The primary term of this Lease shall commence on Jaimary 1,2003 (the
"Commencement Date") and expire on that date which is Ten (10) years from the Commencement Date
(the "Expiration Date").
3. Rent:
(a) Base Rent. Lessee agrees to pay to Lessor as the monthly rent (the "Base, Rent")
for the Premises, without deduction or offset, prior notice or demand, the sum of Sixty Dollars ($60.00) per
month per space due and payable in advance on the first day of each calendar month and continuing
throughout the balance of the term of this Lease.
(b) Adiustment. The Base Rent shall be adjusted, not greater than annually on each
anniversary date, at the same percentage as the adjustment to the rates of other long-term parking space
users. IN NO EVENT SHALL THE BASE RENTADJUSTMENT BE GREATER THAN 6% ABOVE
THE PREVIOUS YEARS RENT.
4. Assignment. Lessee may freely assign this Lease and/or the leasehold estate created
hereby and/or sublet any of the parking privileges granted hereby, with the consent of Lessor, including,
but not limited to, one or more assignments to any purchaser, lessee, homeowners association or other
transferee of all or a portion of Lessee's right, title and interest in or to the Condominiums and this Lease
shall at all times be appurtenant to the Condominiums. To issue permit, Main Street Properties must know
who is using the permit including a description of the car and license number. Permit is not transferable.
5. Taxes and Assessments. Lessor shall payor cause to be paid before delinquency all
taxes, both personal and real property, assessments, license fees and other charges that are levied and
assessed against the Premises and that become payable during the term.
6. . Loss. Theft. Damage. Main Street Properties shall not be responsible for Loss, Theft or
damage while parked in any lot owned operated or controlled by Main Street Properties.
Created On 6/7/02
7. Damage or Destruction. In the event of material damage or destruction to the Premises
from fIre or other casualty ("Casualty"), this Lease shall not terminate but shall remain in full force and
effect and Lessor shall proceed to obtain any necessary governmental approvals and permits to repair
and/or restore the Premises to a similar configuration as existed prior to the Casualty to the extent permitted
by the then applicable law, provided that it is reasonable. Notwithstanding the foregoing, in the event that
the Premises are rendered temporarily unusable, Lessor and Lessee shall have the right, but not the
obligation, to meet and confer (a "Meeting") regarding a more efficient use of the remaining parking
spaces.
8. Events of Default. The occurrence of any of the following shall constitute an "Event of
Default" hereunder: Lessor or Lessee fail to perform or cause to be performed any other provision under
this Lease and such failure is not cured within thirty (30) days after notice to such party or, if such failure
cannot be cured within such thirty (30)-day period, such party fails within such thirty (30)-day period to
commence, and thereafter diligently proceed with to completion, all actions necessary to cure such failure
as soon as reasonably possible.
9. Zoning. Lessor represents and warrants that the Premises are located in a zone which
presently permits the parking arrangement contemplated under this Lease.
10. Notice. All notices required or permitted hereunder shall be in writing and shall be served
on the parties at the following address:
If to Lessor: Main Street Properties, Inc.
C/o Ed Zelinsky
130 Main Street
Tiburon, CA 94920
Phone (415) 435-0413
Facsimile No. (415) 435-6514
With a copy to: Hassard Bonnington, LLP
Two Embarcadero Center, Suite 1800
San Francisco, CA 94111-3933
Attention:Gary Gavello, Esq.
Facsimile No. (415) 288-9801
If to Lessee: Doris J. Caceres, Trust
50 Atherton Oaks Drive
Novato, CA 94945
Phone: (415) 897-0774
Facsimile No. (415) 897-1874
With a copy to: Steefel, Levitt & Weiss
One Embarcadero Center, 30th Floor
San Francisco, California 94111
Attention: Janet Norris, Esq.
Facsimile No. (415) 788-2019
Any such notices shall be either ( a) sent by certified mail, return receipt requested, in which case notice
shall be deemed delivered three (3) business days after deposit, postage prepaid in the U.S. mail, (b) by
telecopier, in which case notice shall be deemed delivered when the transmitting telecopier machine has
confirmed that the notice has been completed or sent without error, (c) by personal delivery, or (d) sent by a
nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business
day after deposit with such courier. The above addresses may be changed by written notice to the other
party; provided, however, that no notice of a change of address shall be effective until actual receipt of such
notice.
Created On 617/02
2
11. Broker's Fees. No broker has been used in connection with this Lease. Neither Lessor
nor Lessee shall have any liability or obligation to pay any commission, fee or cost that may become due or
payable to any person or entity for services relating to this Lease, and each agrees to indemnify and hold
the other harmless from any such commission, fee or cost and all related expenses (including attorneys'
fees) for which the other may become liable to any person.
12. Amendment: ComDlete Agreement. All amendments and supplements to this Lease must
be in writing and executed by Lessor and Lessee. This Lease has been entered into after full investigation
of the facts by both parties and neither party has relied on any statement or representation not embodied in
this document. This Lease has been drafted through a joint effort of the parties and their counsel and
therefore shall not be construed in favor of either of the parties.
13. Governing Law. This Lease shall be governed under the laws of the State of California.
14. Countemarts. Headings and Dermed Terms. This Lease may be executed in several
counterparts each of which shall be an original, but all of such counterparts shall constitute one such
agreement. The headings used herein are for convenience only and are not to be construed to be part of this
Lease. The terms "Lessee" and "Lessor" as used herein shall include the plural as well as singular. If more
than one person or entity is named as "Lessee" and/or "Lessor" the obligations of such persons or entities
are joint and several.
15. Additional Documents. Each party hereto agrees to perform any further acts and to
execute and deliver any further documents which may be reasonably necessary to carry out the provisions
of this Lease.
16. Attornevs' Fees. If any action or proceeding shall be brought by either party in order to
enforce the provisions of this Lease, or to collect damages as a result of the breach of any of the provisions
of this Lease, the prevailing party shall be entitled to recover all reasonable costs incurred in connection
therewith, including reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly executed as of the
date first written above.
"Lessor"
"Lessee"
DORlS 1. CACERES TRUST
~' I a.A.c~;h.Ah-re
Doris J. Ca eres, Trustee of the/Doris J. Caceres
Trust
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Date
Date
Created On 6/7/02
3
EXHIBIT C
PARKING LEASE
THIS PARKING LEASE (this "Lease"), dated as of May 1~ ,2002, by and between
PONT TIBURON PLAZA, INC. a California Corporation, (the '~Lessor")t the owner of the Point Tiburon
Parking Lot (the "Property"), located at 170 I Tiburon Boulevard, Tiburon, California, and the DORJS J.
CACERES TRUST (the "Lessee").
[n consideration of the mutual covenants and conditions herein contained and for other
valuable consideration, it is hereby agreed:
1. Use of Premises. Lessor, in consideration of the sum ofFoUT Hundred Dollars ($450.00),
which sum is for five parking spaces at Ninety Dollars ($90.00) per space, paid to Lessor by Lessee in
payment of the first montlfs rent, the receipt of which is hereby acknowledgedt hereby and upon the
following terms and conditionst leases to the Lessee, and the Lessee hereby hires and takes from the
Lessor, those certain parking spaces set forth herein, namely Five (5) parking spaces in the Point Tiburon
Parking Lot (the "Premises))). Lessee has leased the Premises to ,provide off-site parking spaces for
residents, guests, pennittees and invitees of Lessee and/or residents (together, the (LPermitted Parties") of
Lessee's contemQlated condominium project (the "Condominiums"). The Pennitted Parties shall be
entitled to the ii ~1 'rtuse of the parking spaces in the Premises during all hours of the day and night,
seven (7) days a week (the lLHours of Operation"), subject only to normal municipal street cleaning
operations. The Premises shall remain open and available for parking by the Permitted Parties at all times
during the Hours of Operation.
2. Term. The primary term of this Lease shall commence on January 1,2003 (the
"Conunencement Date") and expire on that date which is Ten (10) years from the Conunencement Date
(the "Expiration Date").
2b. Extended Term. Upon the Expiration Date, should both parties agree, the term shall be
extended for an additional ten (10) year period on terms and conditions to be determined.
3. Rent:
(a) Base Rent. Lessee agrees to pay to Lessor as the monthly rent (the uBase Rent")
for the Premisest without deduction or offset, prior notice or demand, the sum of Ninety Dollars ($90.00)
per month per space due and payable in advance on the first day of each calendar month and continuing
throughout the balance of the term of this Lease, at such place or places as Lessor may designate from time
to time.
(b) Adiustment. The Base Rent shall be adjusted, not greater than annually on each
anniversary date, at the same percentage as the adjustment to the rates of other long-term parking space
users. IN NO EVENT SHALL THE BASE RENTADJUSTMENT BE GREATER THAN 6% ABOVE
THE PREVIOUS YEARS RENT.
4. Assie:nment. Lessee may freely assign this Lease and/or the leasehold estate created
hereby and/or sublet any of the parking privileges granted hereby, without the consent of Lessor, including,
but not limited to, one or more assignments to any purchaser, lessee, homeowners association or other
transferee of all or a portion of Lessee's right, title and interest in or to the Condominiums and this Lease
shall at all times be appurtenant to the Condominiums.
5. Taxes and Assessments. Lessor shall payor cause to be paid before delinquency all
taxes, both personal and real property, assessments, license fees and other charges that are levied and
assessed against the Premises and that become payable during the term.
6. Intentionallv Deleted
Created on 5/20/02 4: II PM
7. Compliance with Governmental Rel!:ulations. Lessor and Lessee agree that they will
comply with and confonn to all laws and ordinances, municipal, state and federal and any and all lawful
requirements and orders of any properly constituted municipal, state or federal board of authority, present
or future, required by reason of the operation, use or occupancy of the Premises.
8. Damage or Destruction. In the event of material damage or destruction to the Premises
from fire or other casualty (UCasualty"), this Lease shall not terminate but shall remain in full force and
effect and Lessor shall proceed to obtain any necessary governmental approvals and permits to repair
and/or restore the Premises to a similar configuration as existed prior to the Casualty to the extent permitted
by the then applicable law, provided that it is reasonable. Notwithstanding the foregoing, in the event that
the Premises are rendered temporarily unusable, Lessor and Lessee shall have the right, but not the
obligation, to meet and confer (a HMeeting") regarding a more efficient use of the remaining parking
spaces.
9. Condemnation. In the event of a material taking of the Premises pursuant to the exercise
of the power of condemnation or eminent domain, whether by legal proceedings or otherwise, by any
public or quasi-public authority, private corporation or individual having the power of condemnation or
eminent domain or is voluntarily sold or transferred to a condemning authority either under threat of
condemnation or while legal proceedings for condemnation are pending (a "Condemnation"), any award
for compensation and/or damages, whether attained by agreement or by judgment or verdict after trial,
applying to the Condemnation of the Premises shall belong and be paid to the Lessor. The foregoing shall
not preclude Lessee, however, from collecting an award including, but not limited to, the value of this
Lease and related to the condemnation of the Condominiums rather than the Premises In the event that a
Condemnation results in a material reduction of Lessee's parking privileges and Lessor does not provide
equivalent parking spaces within a reasonable period not to exceed thirty (30) days following such
Condemnation and at a reasonable distance from the Condominiwns, Lessee shall have the option to
terminate this Lease, or if Lessee desires to continue to lease the Premises, the rental shall be decreased on
a pro-rata basis.
10. Events of Default. The occurrence of any of the following shall constitute an "Event of
Default" hereunder: Lessor or Lessee fail to perform or cause to be performed any other provision under
thjs Lease and such failure is not cured within thirty (30) days after notice to such party or, if such failure
cannot be cured within such thirty (30).day period, such party fails within such thirty (30)-day period to
commence, and thereafter diligently proceed with to completion, all actions necessary to cure such failure
as soon as reasonably possible.
11. Remedies. Upon the occurrence of any Event of Default, the non-defaulting party shall
have the right to specific performance and other injunctive relief and the right to actual damages, excluding
consequential damages and damages for lost profits. These rights are in addition to any rights set forth in
the other provisions of this Lease. The failure of any party to enforce any provision of this Lease or to seek
redress for any breach of the provisions hereof shall in no event be deemed a waiver of the right to do so
thereafter. Lessee shall in no way be liable to Lessor or any other person for its refusal or failure to enforce
or cause to be enforced any of the provisions 0 f this Lease or for its waiver of such provis ions or any
violations thereof.
12. Zoning. Lessor represents and warrants that the Premises are located in a zone which
presently permits the parking arrangement contemplated under this Lease.
13. Notice. All notices required or pennitted hereunder shall be in writing and shall be served
on the parties at the fcHowing address:
If to Lessor:
Point Tiburon Plaza, Inc.
C/o Chong Cook
170 I Tiburon Boulevard
Tiburon, CA 94920
Created on 5/20/02 4: 11 PM
2
Facsimile No.
With a copy to:
Attention:
Facsimile No.
Jfto Lessee: Doris J. Caceres) Trust
50 Atherton Oaks Drive
Novato, CA 94945
Phone: (415) 897-0774
Facsimile No. (415) 897.1874
With a copy to: Steefel) Levitt & Weiss
One Embarcadero Center, 30th Floor
San Francisco, California 94111
Attention: Janet Norris) Esq.
Facsimile No. (415) 788.2019
Any such notices shall be either (a) sent by certified mail, return receipt requested, in which case notice
shall be deemed delivered three (3) business days after deposit, postage prepaid in the U.S. mail, (b) by
telecopier, in which case notice shall be deemed delivered when the transmitting telecopier machine has
confirmed that the notice has been completed or sent without error) (c) by personal delivery, or (d) sent by a
nationally recognized overnight courier, in which case notice shall be deemed delivered one (I) business
day after deposit with such courier. The above addresses may be changed by written notice to the other
party; provided. however) that no notice of a change of address shall be effective until actual receipt of such
notice.
14. Broker's Fees. No broker has been used in connection with this Lease. Neither Lessor
nor Lessee shall have any liability or obligation to pay any commission, fee or cost that may become due or
payable to any person or entity for services relating to this Lease, and each agrees to indemnifY and hold
the other harmless from any such commission, fee or cost and all related expenses (including attorneys'
fees) for which the other may become liable to any person.
15. Subordination. This Lease) without any further instrument, shall at all times be subject
and subordinate to any and all effective or hereafter executed ground or underlying leases) and to any and
all mortgages and/or deeds of trust which may now or hereafter affect the Lessor's estate ill the real
property of which the Premises form a part, and to all advances made or hereafter to be made upon the
security therefor, and to all renewals, modifications, consolidations, replacements and extensions thereof.
This lease shall continue in full force and effect if any person or persons) including but not limited to any
ground lessor) mortgagee under a mortgage or beneficiary under a deed of trust, purchases or otherwise
acquires the real property on which the Premises are located by a growld lease termination or by any
judicial or nonjudicial foreclosure or other sale proceeding under such mortgage and/or deeds of trust) in
the same manner as if such person or persons had been named Lessor herein and this Lease shall continue
in full force and effect as aforesaid and Lessee hereby attoms and agrees to attorn to such person or
persons.
16. Estoppel Certificate. Any party to this Lease) including Lessor and Lessee (the
"CertifYing Parties") shall at any time and from time to time, upon not less than ten (l0) days) prior written
notice from another such party hereto (the "Requesting Party"), execute, acknowledge and deliver to the
Requesting Party a statement in writing, as requested by the Requesting Party or any current or prospective
purchaser, assignee, subtenant, mortgagee of a mortgage or beneficiary of a deed of trust or underlying
lessor of all or any portion of the Premises, the Property or the Condominiums, certifying:
Created on 5/20/024:11 PM
3
(a) That this Lease and the parking interest created hereby are unmodified and in
full force and effect (or, if modified, adequately identifying such modification and certifying that this Lease
and the parking interest as so modified are in full force and effect);
(b) Whether or not to the knowledge of the Certifying Party there is any material
default by the Requesting Party or any other party in the performance of any term, covenant, condition,
provision or agreement contained in this Lease and further whether or not there are any setoffs, defenses or
counterclajms against enforcement of the obligations to be performed under this Lease and, if there are,
specifying each such material default, setoff, defense or counterclaim; and
(c) Such other matters as the Requesting Party may reasonably request in writing.
Any such statement may be relied upon by any such prospective purchaser, assignee, subtenant, lessor or
mortgagee of a mortgage or beneficiary of a deed of trust. The CertifYing Party's failure to deliver such
statement within such time shall be deemed a statement that this Lease is in full force and effect, without
modification except as may be represented by the Requesting Party in such request, and that there are no
uncured material defaults in Certifying Party's or Requesting Party's or any such other party's
performance. If a particular Requesting Party requests more than two such statements from a particular
Celtifying Party per calendar year, such Certifying Party shall be entitled to charge such Requesting Party a
reasonable fee to cover its administrative costs in preparing such statement.
17. Amendment: COffiolete Af!reement. All amendments and supplements to this Lease must
be in writing and executed by Lessor and Lessee. This Lease has been entered into after full investigation
of the facts by both parties and neither party has relied on any statement or representation not embodied in
this document This Lease has been drafted through a joint effort of the parties and their counsel and
therefore shall not be construed in favor of either of the parties.
18. Governing Law. This Lease shall be governed under the laws of the State of California.
19. Counterparts. Headings and Dermed Terms. This Lease may be executed in several
counterparts each of which shall be an original, but all of such counterparts shall constitute one such
agreement. The headings used herein are for convenience only and are not to be construed to be part of this
Lease. The tenns "Lessee" and "Lessor" as used herein shall include the plural as well as singular. If more
than one person or entity is named as "Lessee" and/or 'cLessor" the obligations of such persons or entities
are joint and several.
20. SeverabilitY. If any one or more of the provisions contained in this Lease shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof and this Lease shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein. Notwithstanding anything
contained herein to the contrary, if any provision of this Lease is held to be invalid, illegal or
unenforceable, each party to this Lease shall have all rights and remedies at law or in equity against the
other party for any damages suffered by such party as a result of such holding.
21. Additional Documents. Each party hereto agrees to perform any further acts and to
execute and deliver any further documents which may be reasonably necessary to carry out the provisions
of this Lease.
22. Attornevs' Fees. If any action or proceeding shall be brought by either party in order to
enforce the provisions of this Lease, or to collect damages as a result 0 f the breach of any of the provisions
of this Lease, the prevailing party shall be entitled to recover all reasonable costs incurred in connection
therewith, including reasonable attorneys I fees.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly executed as of the
date first written above.
Created on 5/20/024; 11 PM
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..Lessor"
Cr;a~d on 5120102 4: 11 PM
"Lessee"
Doris J. Caceres Trust
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