Resolution No. 22-9140 — City Council and Authorities Concurrent, September 13, 2022

RESOLUTION NO. 22-9140

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

APPROVING PURCHASES OF OVERHEAD ELECTRIC

EASEMENTS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara, a chartered city and municipal corporation acting by and through its municipally owned utility, Silicon Valley Power ("City" or "SVP"), is constructing approximately 0.6 miles of new single circuit 60 Kilovolt overhead transmission lines within the eastern area of the City of Santa Clara for the Memorex Junction Transmission Line Extension Project ("Project"). One of the objectives of the Project is to provide service to the new Memorex Junction Substation for the Memorex Data Center Project and other potential data centers or industrial developments within the vicinity; and WHEREAS, the Project will involve the placement of multiple new monopole steel structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements; and
WHEREAS, the Project was analyzed in accordance with the requirements of the California Environmental Quality Act (CEQA). This Project was analyzed in the Final Environmental Impact Report for the Memorex Data Center Project, which was adopted by Council on November 9, 2021, by Resolution No. 21-9017; and
WHEREAS, consistent with City Council authority the City negotiated Easements with owners of certain parcels required to construct the Project and the City has reached agreements with the 3 property owners to purchase easements necessary for the Project, upon the terms set forth below.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the purchase of the easements from the following 3 property owners for the negotiated purchase prices are approved.

Resolution/Approving Purchase of Overhead Electric Easements Rev: 11/22/17

Page 1 of 2 ends

Address Granters APN Purchase Price
2191 Ronald Street Richard G Rossi 224-67-023 $50,000
2122 Ronald Street JB ManufacturinQ, LLC 224-66 -003 $15,000 2265 Lafayette Street 2265 Lafayette Street LLC 224-03-080 $44,000

2. That the City Manager, or his duly authorized designee, is hereby authorized and directed to execute a Purchase and Sale Agreement (Utility Easement) with each of the forgoing Granters, which are attached to the Report to Council accompanying this Resolution and presented to the City Council on [date], in a form substantially the same as the Purchase and Sale Agreements (Utility Easements), attached hereto as Exhibits A, § and_Q and incorporated herein by this reference.

3. The City Manager is authorized , on behalf of the City of Santa Clara , to accept the utility easement deeds and any real property interests to be conveyed to the City of Santa Clara in substantially the form contained in Exhibits A, § and_Q.

4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA , AT A REGULAR MEETING THEREOF HELD ON THE 13TH DAY OF SEPTEMBER , 2022 , BY THE FOLLOWING VOTE :

AYES : COUNCILORS :

NOES : COUNCILORS:

ABSENT : COUNCILORS:

ABSTAINED : COUNCILORS :

Attachm ents incorporated by reference:

1. RTC 22-1019
Becker, Chahal, Hardy , Jain, and Park, Watanabe
and Mayor Gillmor
None
None
None ~ /)
ATTEST : m'N'-'-0--'----RA_._P_IM_E_N_T-E~L~, ~M-M+-C----

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

2. Agreement for Purchase and Sale - 2191 Ronald Street [APN 224-63 -023]

3. Agreement for Purchase and Sale - 2122 Ronald Street [APN 224-66 -003]

4. Agreement for Purchase and Sale - 2265 Lafayette Street [APN 224-03-080] Resolution/Approving Purchase of Overhead Electric Easements Rev: 11 /22/17

Page 2 of 2 ends

22-1019

REPORT TO COUNCIL

SUBJECT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca .gov
@SantaClaraC ity
Agenda Date: 9/13/2022
Action on a Resolution Approving Purchase and Sale Agreements for Easements on the Memorex Junction Transmission Line Extension Project

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara's Electric Utility, Silicon Valley Power (SVP), is proposing to construct approximately 0.6 miles of new single circuit 60 kilovolt (kV) overhead transmission line within the eastern area of the City of Santa Clara. One of the objectives of the Memorex Junction Transmission Line Extension Project (Project) is to provide service to the new Memorex Junction Substation to be constructed as a part of the 1200 Memorex Development and potential other data centers or industrial developments within the vicinity.

The new 60 kV transmission line would be constructed along or crossing the following city streets:

Lafayette Street, Shulman Avenue, Memorex Drive, Ronald Street, and Di Giulio Avenue .

The City Council has previously taken several actions on the Project:
• April 14, 2021: Approved a Funding Agreement with 1220 Santa Clara PropCo, LLC, relating to City predesign engineering activities for the Memorex Junction Substation Project and related budget amendment.
• November 9, 2021 : Action on the adoption and certification of an Environmental Impact Report; adoption of a Mitigation Monitoring or Reporting Program; and Architectural approval of a data center project located at 1200-1310 Memorex Drive. • March 22, 2022: Delegated authority to the Office of the City Manager to negotiate and execute the substation agreement for Silicon Valley Power with 1220 Santa Clara Propco , LLC for Memorex Junction Substation.
• July 12, 2022: Council took three actions:
o Adopted a Resolution approving the purchases of overhead electric easements at 2380 Lafayette Street [224-63-020], 1045 Shulman Avenue [224-63-006], and 2206 Lafayette Street [224-67-042]; and
o Adopted a Resolution of Necessity to Acquire Certain Real Property Interests on 1040 Di Giulio Avenue , Santa Clara, California, from John P. Anderson ; and City of Santa Clara Page 1 of 3 Printed on 9/14/2022
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22-1019 Agenda Date: 9/13/2022
o Adopted a Resolution of Necessity to Acquire Certain Real Property Interests on 2265 Lafayette Street, Santa Clara, California, from SEW, LLC.

Other actions taken for this Project include a November 1, 2021, community meeting to present and take comments from the community on the transmission line route.

The Project requires the acquisition of eight (8) parcel easements to facilitate construction of new monopole steel structures and results in the acquisition of new easements for electrical facilities.

DISCUSSION
The City has negotiated the proposed purchase of the easements from the following three property owners of certain parcels necessary for the Project, upon the terms set forth below.

Address Granters ~PN Purchase
Price
2191 Ronald Street Richard G Rossi 224-67-023 $50,000
2122 Ronald Street JB Manufacturing, LLC 224-66-003 $15,000 2265 Lafayette Street 2265 Lafayette Street LLC 224-03-080 $44,000

ENVIRONMENTAL REVIEW
The potential impacts to the Project were analyzed in the Final Environmental Impact report for the Memorex Data Center Project, which was adopted by the City Council on November 9, 2021, (Resolution No. 21-9017).

FISCAL IMPACT
The total cost of these easement purchases is $109,000 and the funding is available in the Memorex Junction Substation Project, budgeted in the Electric Utility Capital Fund. This cost will be covered per the executed substation agreement with 1220 Santa Clara Propco, LLC. This action has no fiscal impact to the General Fund as the Project is fully funded by developer contributions.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney's Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and in the City Clerk's Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk's Office at (408) 615-2220, email clerk@santaclaraca .gov <mailto:clerk@santaclaraca .gov> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Adopt the Resolution approving the purchases of overhead electric easements at 2191 Ronald Street [224-67-023], 2122 Ronald Street [224-66-003], and 2265 Lafayette Street [224-03 -080]; and

2. Authorize the City Clerk to cause the easement deeds to be recorded in the Office of the County City of Santa Clara Page 2 of 3 Printed on 9/14/2022
powered by Legistar" ·'
22-1019
Clerk-Recorder of the County of Santa Clara.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution

2. Agreement for Purchase and Sale - 2191 Ronald Street [224-67-023]

3. Agreement for Purchase and Sale - 2122 Ronald Street [224-66-003]

4. Agreement for Purchase and Sale - 2265 Lafayette Street [224-03-080] City of Santa Clara Page 3 of 3
Agenda Date: 9/13/2022
Printed on 9/14/2022
powered by Legistarn. 1
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3D49E

AGREEMENTFORPURCHASEANDSALE

UTILITY EASEMENT)
THtS AGREEty, E~ FOR PURCHASE AND SALE (" Agreement") is made and entered into as of ~ jf'. - e ~ 2022.{ the " Effective Date") by and between CITY OF SANTA CLARA (" Gra tee" or " City") and Richard G Rossi as trustee of the Rossi Survivor' s Trust Grantor) with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.

RECITALS
WHEREAS, The City of Santa Clara' s Electric Utility, Silicon Valley Power ( SVP), plans to construct approximately 0. 6 miles of new 60 kilovolt ( kV) overhead transmission line along Shulman Avenue, Memorex Drive, Ronald Street, Di Giulio Avenue and Lafayette Street within the northwestern area of the City of Santa Clara. SVP' s primary objective of the Memorex Loop Project (" Project") is to increase system capacity and reliability.

WHEREAS, the Project will involve the placement of multiple new monopole steel structures and/ or replace existing wood pole structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements.

WHEREAS, Grantee wishes to acquire from Grantor, and Grantor wishes to sell to Grantee certain property rights, as more particularly described in Exhibit A ( the " Easement") for the Project upon the terms and conditions set forth herein.

WHEREAS, Grantor and Grantee recognize that the sale of the Easement is subject to approval of the Santa Clara City Council and that this Agreement shall have no force or effect unless and until said City Council approval has been obtained, which approval shall be obtained before execution of the Agreement by Grantee.

NOW THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties hereto agree as follows:

ARTICLE 1

PURCHASE

1. 1. The Easement. Grantor is the fee owner of certain real property commonly known as 2191 Ronald St., APN: 224- 67- 023 located in the City of Sahta Clara, California over which the Easement will cross.

1. 2. Sale and Conveyance. Grantor shall sell to Grantee and Grantee shall purchase from Grantor, all of the terms and conditions set forth in Articles 2 and 3 hereof, the Easement.

SCLA- 56598\ 2322245. l
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3D49E ARTICLE 2

PURCHASE PRICE

2. 1. Purchase Price. The purchase price (" Purchase Price") for the Easement shall be Fifty Thousand and no/ 100 Dollars ($ 50, 000. 00).

2. 2. Payment of Purchase Price. The purchase price shall be payable all in cash upon close of Escrow ( as defined below) in accordance with Section 4. 2.

ARTICLE 3

CONDITIONS TO PURCHASE AND SALE

3. 1. Conditions Precedent to Purchase and Sale. The obligation of Grantee to purchase and Grantor to sell the Easement is expressly conditioned upon the satisfaction, prior to closing, of each of the conditions set forth in this Section 3. 1 ( the " Conditions Precedent").

3. 1. 1 Title. Grantee has obtained a preliminary title report dated April 12, 2022, from First American Title Company ( the " Title Report"). Grantee acknowledges and agrees that all exceptions are approved by Grantee ( the " Approved Exceptions").

3. 1. 2 Execution of Overhead Electric Easement Deed. Grantor shall be ready, willing and able to convey title to the Easement by Overhead Electric Easement Deed to Grantee in the form of Exhibit B attached hereto ( the " Easement Deed") subject only to the Approved Exceptions.

3. 1. 3 Deposit of Grant Deed. Grantor shall have deposited into Escrow ( as defined below) the Overhead Electric Easement Deed as provided for in Section 4. 1. 1, conveying title to the Easement ( subject to the Approved Exceptions) to the Grantee.

3. 1. 4 Title Insurance. The Title Company shall be prepared to issue an AL TA Standard Owner Policy of Title Insurance in the amount of the purchase price insuring title to the Easement vested in Grantee subject only to the Approved Exceptions ( the " Title Policy").

3. 1. 5 Certificate of Acceptance. Grantee has obtained a resolution of the City Council of the City of Santa Clara authorizing recordation of the Overhead Electric Easement Deed and has deposited a properly executed Certificate of Acceptance into Escrow.

3. 1. 6 No Breach. There shall be no material breach of any of Grantor' s representations, warranties, or covenants set forth in Article 5.

3. 1. 7 Documentary Deposit. Grantor and Grantee shall have each deposited into Escrow all materials required to be deposited under Article 4.

3. 2. Grantee' s Remedies.

3. 2. 1 Conditions Precedent. If any of the foregoing Conditions Precedent which inure to the benefit of Grantee are not satisfied, Grantee shall have the right either to waive the condition in question and proceed with the purchase of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any money deposited into Escrow by Grantee shall be returned to Grantee, and thereafter neither SCLA- 56598\ 2322245. l 2
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3D49E party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

3. 2. 2 Default. If Grantor fails to perform any of its obligations or is otherwise in default under this Agreement, Grantee shall have the right to give notice to Grantor specifically setting forth the nature of said failure and stating that Grantor shall have a period of ten ( 10) calendar days to cure such failure. If Grantor has not cured such failure within such period ( or, if such failure is not capable of being cured within ten ( 10) calendar days, Grantor either has not commenced in good faith the curing of such failure within such period or does not diligently thereafter complete such cure prior to the Closing Date, as may be extended under the terms of this Agreement), Grantee' s sole and exclusive remedy shall be one of the following:
a) Waiver. Waive such failure and proceed to the Closing pursuant to all of the other terms of this Agreement; or
b) Terminate. Grantee may terminate this Agreement by notice to Grantor and Escrow Agent to that effect. Nothing herein shall be deemed a waiver by Grantor of its right or ability to exercise its power of eminent domain to acquire the Easement after a termination of this Agreement.

3. 3. Grantor' s Remedies. If any of the foregoing Conditions Precedent which inure to the benefit of Grantor are not satisfied, Grantor shall have the right to either waive the condition in question and proceed with the sale of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any amounts deposited into Escrow shall be returned to Grantee, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

ARTICLE 4

CLOSING AND ESCROW

4. 1. Deposits into Escrow. Grantee has established an escrow ( the " Escrow'') with First American Title, 1850 Mt. Diablo Blvd., Suite 530, Walnut Creek, CA 94596. Attn.: Roni Sloan Loftin, telephone: ( 925) 927- 2127 ( the " Escrow Agent"). A copy of this Agreement, duly executed by both parties, shall be deposited therein within five ( 5) business days after the Effective Date. Subject to Section 4. 2. 2 below, this Agreement shall serve as escrow instructions to Escrow Agent, as escrow holder, for consummation of the purchase and sale contemplated hereby. Prior to or on the Closing Date, the Parties shall deposit the following into the Escrow:

4. 1. 1 Grantor. Grantor shall deposit the following into Escrow:
a)
suitable for recordation;
The Overhead Electric Easement Deed, fully executed and b) If required by the Escrow Agent, a FIRPTA Affidavit stating Grantor' s U. S. taxpayer identification number and that the Grantor is a " United States person" as defined by Internal Revenue Code sections 1445( f)( 3) and 7701 ( b); and SCLA- 56598\ 2322245. l
DocuSign Envelope ID: 88088C4O- BDBB- 4775- AEA8- 80234BE3D49E c) Such other documents and instruments as may be required by other provisions of this Agreement or may be reasonably required by Escrow Agent or otherwise to carry out the terms and intent of this Agreement.

4. 1. 2 Grantee. Grantee shall deposit the following into Escrow:
a) Cash or immediately available funds in the amount of the Purchase Price together with such additional cash in the amount necessary to pay Grantee' s share of closing costs and prorations, as hereinafter set forth; b) An executed Certificate of Acceptance; and
c) Such other documents and instruments as may be required by any other provision of this Agreement or as may reasonably be required by Escrow Agent or otherwise to carry out the term and intent of this Agreement.

4. 2. Close of Escrow.

4. 2. 1 Closing Date. Escrow shall close on or before the thirtieth ( 30 th )
day
following execution of this Agreement by Grantee or upon such other date as is mutually agreed upon by Grantee and Grantor ( the " Closing Date").

4. 2. 2 Closing of Escrow. When the Conditions Precedent listed in Section 3. 1 have been satisfied or waived by Grantee and Grantor and Escrow Agent has received all necessary cash and documents and is in a position to issue the Title Policy, as provided in Section 3. 1. 4, Escrow Agent shall immediately close Escrow as provided below ( the " Closing").

The parties to this Agreement shall cooperate with each other and the Escrow Agent in preparing and executing such further documents ( including further escrow instructions) as may be reasonably necessary to close Escrow as contemplated by this Agreement; provided however, that in the event of any conflict between the provisions of this Agreement and any such further documents or escrow instructions, the terms of this Agreement shall control.

4. 2. 3 Procedure. Escrow Agent shall close Escrow as follows:

4. 2. 3. 1 Record Deed. Date and record the Overhead Electric Easement Deed in the Official Records of Santa Clara County.

4. 2. 3. 2 Deliver Copies of Deed. Deliver one ( 1) certified copy of the recorded Deed to Grantee.

4. 2. 3. 3 Pay to Grantor. Pay to Grantor the funds in Escrow equal to the Purchase Price, reduced only by the Grantor' s share of closing costs and prorations, as hereinafter set forth in Section 4. 2. 4 below.

4. 2. 3. 4 Deliver Title Policy. Deliver the Title Policy to Grantee.

4. 2. 3. 5 Closing Statement. Prepare and deliver to Grantee and Grantor one signed copy of the Escrow Agent' s closing statement showing all receipts and disbursements of the Escrow.

4. 2. 4 Closing Costs and Prorations.

SCLA- 56598\ 2322245. l 4
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3D49E

4. 2. 4. 1 Closing Costs. Grantee and Grantor shall each pay its own attorney' s fees in connection with negotiating this Agreement and closing the Escrow. Grantee shall pay recording costs, if any, Escrow fees, the title insurance premium, and any documentary transfer taxes.

ARTICLE 5

REPRESENTATIONS AND WARRANTIES

5. 1. Grantor' s Representations and Warranties. Grantor represents and warrants to Grantee that the following matters are true and correct in all material respects as of the execution of this Agreement and will also be true and correct in all material respects as of the Closing:

5. 1. 1 Organization Authority. Richard G Rossi as trustee of the Rossi Survivor' s Trust is a trust, duly organized, validly existing and in good standing under the laws of the State of California and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter to be executed and delivered by it pursuant to this Agreement and to perform all obligations arising under this Agreement and such performance does not conflict with any obligations of the Grantor. The individuals executing this Agreement and the instruments referred to herein on behalf of Granter, have the legal power, rights and actual authority to bind Granter to the terms and conditions hereof and thereof;

5. 1. 2 No Violation of Agreement; Litigation. Neither the execution, delivery or performance of this Agreement by Grantor will result in the breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any indenture, deed to secure debt, mortgage, deed of trust, note, evidence of indebtedness or any other agreement or instrument by which Grantor or the Easement is bound. Grantor has no knowledge of any pending or threatened litigation, actions, applications, orders, protests, proceedings, or complaints against or affecting title to the Easement or Grantor' s interest therein;

5. 1. 3 Compliance with Laws. Grantor has received no written notice alleging violations of any federal, state or municipal laws or ordinances with regard to any portion of the Easement;

5. 1. 4 Existing Lease. There are no contracts or agreements with respect to the occupancy of the Easement which will be binding upon Grantee after Closing; and

5. 1. 5 Grantor Not a Foreign Person. Grantor is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended.

ARTICLE 6

GENERAL PROVISIONS

6. 1. Approval of City Council. Grantor and Grantee recognize that as of the execution of this Agreement by Grantor, this Agreement is subject to approval of the City Council of the City of Santa Clara and that this Agreement shall have no force or effect unless and until said City Council' s approval has been obtained, but such approval shall be obtained before execution of this Agreement by Grantee.

6. 2. Construction of Project. Grantee will require its overhead transmission line contractor for the Project to undertake any drilling work within the Easement on Grantor' s SCLA- 56598\ 2322245. l 5
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3O49E property only on weekends. Grantee will provide Grantor with both the initial Project schedule for the drilling within the Easement and any updates to that schedule regarding drilling within the Easement. Grantee agrees that it shall require its contractor to restore any damages it causes to the Easment area, including asphalt and concrete. Once the pole is set in the Easement, the contractor will return the landscaping as close to its pre- construction appearance as possible, with the acknowledgment that there will then be a steel pole with a subsurface concrete foundation in it.

6. 3. Binding on Successors. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.

6. 4. Entire Agreement. This Agreement including all exhibits hereto contains all of the covenants, conditions, and agreements between the parties and shall supersede all prior correspondence, agreements, and understandings both verbal and written. No addition or modification of any term or provision shall be effective unless set forth in writing and signed by both Grantor and Grantee.

6. 5. Brokers' Fees. Grantor and Grantee each represent and warrant to the other that, there are no brokers' fees or finders' fees arising out of this transaction and each shall indemnify, defend, and hold the other harmless from any claim, loss, cost, damage or expense including, without limitation, attorneys' and experts' fees and costs and court costs arising out of or incurred in connection with any claim by any other broker, finder or other person or entity for any brokerage commission, finder' s fee or other amount in connection with any acts or dealings with such indemnifying party with any such broker, finder or other person or entity.

6. 6. Attorney' s Fees. In the event either party to this Agreement institutes an action to interpret or enforce the terms hereof, or to obtain money damages, the prevailing party, as determined by the court ( whether at trial or upon appeal) shall be entitled to recover from the other, in addition to costs and judgment as awarded by the court, its attorney' s fees incurred therein. The prevailing party shall include, without limitation, a party who dismisses an action or proceeding for recovery hereunder in exchange for consideration substantially equal to the relief sought in the action or proceeding. In no event shall an attorney' s fee award exceed $ 5, 000, whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions.

6. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

6. 8. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement.

6. 9. Time. Time is of essence of every provision herein contained in this Agreement.

6. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all counterparts shall constitute one agreement.

6. 11. Survival. The terms, covenants and conditions of Articles 5, 6, and 7 shall remain true and correct as of the Closing Date, shall be deemed to be material and shall survive the execution and delivery of this Agreement, the delivery of the Grant Deed, and transfer of title.

SCLA- 56598\ 2322245. l 6
DocuSign Envelope ID: 88088C4O- BDBB- 4775- AEA8- 80234BE3O49E

6. 12. Notices. All notices, requests or other communications required or permitted to be given in connection with this Agreement shall be in writing and shall be personally delivered with prompt confirmation by registered or certified mail, postage prepaid), or by commercial courier service, or by registered or certified mail, postage pre- paid, addressed to the party whom it is directed at the following addresses, or at such other addresses as may be designated by notice from such party in the manner provided herein:

To Grantor:

To Grantee:

With a copy to:

Richard G Rossi, Trustee
Attention: Richard G Rossi
14046 Apricot Hill
Saratoga, CA 95070
Telephone: 408- 727- 0185
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Manager
Telephone: 408- 615- 2210
City of Santa Clara City Attorney' s Office
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Attorney
Telephone: ( 408) 615- 2230
Notices which are delivered by hand shall be deemed received upon delivery; notices which are deposited in the United States Mail in accordance with the terms of this Section shall be deemed received three ( 3) days after the date of mailing and notices delivered by commercial courier service shall be deemed received the date of actual delivery. The foregoing addresses may be changed by notice to the other party as herein provided.

IN WITNESS WHEREOF, the parties hereto have executed one ( 1) or more copies of this Agreement, on the date( s) set forth below, effective as of the day and year first above written (" Effective Date").

SCLA- 56598\ 2322245. l 7
DocuSign Envelope ID: 88088C4D- BDBB- 4775- AEA8- 80234BE3D49E

GRANTOR
Richard G Rossi as trustee
of the Rossi Survivor' s Trust,
a California trust
owner
Title: ___________ _
8/ 12/ 2022
Date: ____________ _
SCLA- 56598\ 2322245. l 8

GRANTEE
City of Santa Clara,
a municipal corporation

APPROVED AS TO FORM
Office of the City Attorney
City of Santa Clara
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3D49E DESCRIPTION:

EXHIBIT A
EXHIBIT " A"
OVERHEAD ELECTRIC EASEMENT ACROSS:

ROSSI SURVIVOR' S TRUST
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 67- 023
EASEMENT AREA: 1, 520 SQ. FT.±
SVP REF: SC
That portion of the parcel of land conveyed in that certain Trust Transfer Deed recorded January 27, 2012 as Document No. 21515367, in the Office of the Recorder of Santa Clara County ( ORSCC), herein after referred to as the Grantor' s Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

COMMENCING at a monument located at the centerline Intersection of Ronald Street and Memorex Drive, thence South 0° 42' 57" West 212. 36 feet along the centerline of said Ronald Street ( as shown on Page 2 of this Exhibit); thence South 89° 17' 03" East 30. 00 feet to the easterly right- of- way of said Ronald Street and the Southwesterly corner of said Grantor' s Parcel; thence North 0° 42' 57
11 East 37. 59 feet along said easterly right- of- way to the POINT OF BEGINNING; thence North 0° 42' 57" East 109. 00 feet continuing along said easterly right- of- way to the beginning of a curve concave southeasterly having a radius of 30. 00 feet; thence northeasterly 48. 28 feet along said curved right- of- way, through a central angle of 92° 12' 5511 to the southerly right- of- way of Memorex Drive; thence South 63° 14' 01" West 8. 32 feet; thence South 10° 41' 47" West 137. 22 feet to the POINT OF BEGINNING.

CONTAINING: 1, 520 sq. ft., more or less.
lHHICAl
commNa IHt

SALT LAKE CITY, UTAH
SCLA- 56598\ 2322245. l

ROSSI SURVIVOR' S TRUST
APN: 224- 67- 023
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
9 i S1UCON
VALLEY
POWER.

CITY OF SANtA Cl. A. I\.\
SHEET: 1 of2
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3D49E EXHIBIT " A"
SVP REF: SC
OVERHEAD ELECTRIC EASEMENT ACROSS:

SCALE FEET
r==~~ .. ~

ROSSI SURVIVOR' S TRUST
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 67- 023
EASEMENT AREA: 1, 520 SQ. FT. ±

MEMOREX DRIVE
C:MON-1 -

RONALD STREET
MEMOREX DRIVE R= 30. 00' L= 48. 28'
0= 92° 12' 55"
S 89" 17' 03' E

30. 00' ( TIE)
I
CL MON-.._ , I

RONALD STREET '
a.

I
POB
I
a.

LEGEND
IVZZ77JJ21EASEMENT AREA = 1,520 SQ. FT.±

ROADWAY PLATTED CENTERLINE
1--- p --- POWERLINE REFERENCE LINE

FOUND SURVEY MONUMENT

ROSSI SURVIVOR' S
TRUST
APN: 224• 67• 023
P., LIJ! N~,
w~~~>-·
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OFTliE LOCATION OFTHEEASEMEITTBE! NG CONVEYED, TliEEXACT LOCATION OF ALL STRUCTURES, UNES AND APPURTENANCES IS SUBJECT TO CHNIGE WlrnlN THE BOUNO~ lsS OF THE RIGHT OF WAY HEREIN GRANTED HHHICAl
mmut m
SCLA- 56598\ 2322245. I
SCALE: 1" " 40'

ROSSI SURVIVOR' S TRUST
APN: 224- 67- 023
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
10 SILICON
VALLEY
POWER.

C.ITY Of SA. RTA CV. AA
SHEET: 2of2
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3O49E Recording Requested by:

Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050

EXHIBIT B
SPACE ABOVE TIDS LINE FOR RECORDER' S USE]

EXEMPT FROM RECORDING FEE
PER GOV' T CODE§§ 6103 and27383

EXEMPT FROM FEE
PER GOV' T CODE§ 27368. 1 ( a)( 2)( 0)

OVERHEAD ELECTRIC EASEMENT DEED
2191 Ronalcl Street, & APN 224- 67- 023
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, Richard G Rossi as trustee of tile Rossi Survivor' s Trust ( herein " Grantor"), hereby grants to the CITY OF SANTA CLARA, California, a chartered municipal corporation, ( herein " Grantee"), an easement and right- of- way ( herein " Easement") in, on, over, along and across the real prope1ty owned by Grantor in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by this reference (" Easement Area").

TI1is Easement shall be used by Grantee for the purpose of constructing and reconstrncting, installing, operating, inspecting, maintaining, repairing, removing and/ or replacing overhead electrical transmission, distribution and/ or communication systems, and appmtenances thereto, including a reasonable right of ingress and egress over adjoining lands of Grantor. In exercising said right of ingress and egress, Grantee shall, wherever practical, use existing roads and lanes across lands of Grantor, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Grantor and any occupants of Grantor' s prope1ty.

TI1e overhead system will consist of poles, wire supp01ts, wires and conductors suspended from pole to pole, transfonners and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.

Portions of the Easement Area may be used by the Grantor for driveway( s), landscaping excluding trees), and parking, as will not interfere with the Grnntee ' s use of the Easement. Any other nse of the Easement Area by Grantor shall be subject to Grantee' s express written consent and only after Grantee' s review of plans and specifications and detennination that such use will not interfere with its use of the Easement. Grantee may trim any trees or remove any tree or strncture which is in or adjacent to the Easement Area which, in its reasonable detennination, interferes with its use of the Easement. Grantee may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 Feet or poses a risk of falling onto the Grantee' s facilities or equipment located within the Easement.

SIGNATURE( S) APPEAR ON THE FOLLOWING PAGE]

Page 1 of 2 ends

SCLA- 56598\ 2322245. 1 11
SC
224- 697- 023
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3D49E IN WITNESS WHEREOF, said grantors have hereunto set their hands this ___ day of 20 __ .

APPROVED FOR FORM:

Office of the City Attorney
City of Santa Clara
By: _____________ _
Print Name: ______________ _
Title: _______________ _
By: _____________ _
Print Name: ______________ _
Title: ________________ _
OWNER" APN 224- 67- 023 ( 2022- 05)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE nns DOCUMENT. IF GRANTOR JS A CORPORATION, TIIE

COMPLETE LEGAL NAME AND CORPORATE SEAL OF TIIE CORPORATION AND CORPORATE TITLES OF TIIE PERSONS SIGNING FOR TIIE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTIIORJTY OF PERSON OR PERSONS

EXECUTING TIITS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIF, OR JOINT VENTURE, OR ANY OTIIER ORGANIZATION OTHER THAN A SOLE PROPRIETORSHIF SHALL BE ATTACHED.

ATTACH THE ALL- PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING THIS DOCUMENT ON BEHALF OF THE GRANTOR.

Page 2 of 2 ends

SCLA- 56598\ 2322245. l 12
SC
224- 697- 023
OocuSign Envelope ID: 88088C4D- BDBB- 4775- AEA8- 80234BE3D49E

CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the trnthfulness,
accuracy, or validity of that document.

State of California
County of _____ _
On _______ before me, _______ ( name and title of officer), personally appeared _______ , who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that she/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______ _ ( Seal)
SCLA- 56598\ 2322245. l 13
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3D49E DESCRIPTION:

EXHIBIT " A"
OVERHEAD ELECTRIC EASEMENT ACROSS:

COMMENCING at a monument located at the centerline intersection of Ronald Street and Memorex Drive, thence South 0° 42' 57" West 212. 36 feet along the centerline of said Ronald Street ( as shown on Page 2 of this Exhibit); thence South 89° 17' 03" East 30. 00 feet to the easterly right- of- way of said Ronald Street and the Southwesterly corner of said Grantor' s Parcel; thence North 0° 42' 57" East 37. 59 feet along said easterly right- of- way to the POINT OF BEGINNING; thence North 0° 42' 57" East 109. 00 feet continuing along said easterly right- of- way to the beginning of a curve concave southeasterly having a radius of 30. 00 feet; thence northeasterly 48. 28 feet along said curved right- of- way, through a central angle of 92° 12' 55" to the southerly right- of- way of Memorex Drive; thence South 63° 14' 01" West 8. 32 feet; thence South 10° 41' 47" West 137. 22 feet to the POINT OF BEGINNING.

CONTAINING: 1, 520 sq. ft., more or less.

HHlRICAl
cmu1ma INC

SALT LAKE CITY, UTAH
SCLA- 56598\ 2322245. l

ROSSI SURVIVOR' S TRUST
APN: 224- 67- 023
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
14 SILICON
VALLEY
POWER.
ctTY OF ! iANtA Cl. AM
SHEET: 1 of2
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3O49E

EXHIBIT
11 A
11 OVERHEAD ELECTRIC EASEMENT ACROSS:

ROSSI SURVIVOR' S TRUST
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 67- 023
EASEMENT AREA: 1, 520 SQ. FT. ±
SVPREF: SC
LEGEND

MEMOREX DRIVE
c: M~-
RONALD STRE~~- I
MEMOREX DRIVE R= 30. 00' L= 48. 28'
0= 92° 12' 55"
S 89° 17' 03" E

30. 00' ( TIE)
I
CL MON-._ , I

RONALD STREET '
Q.

I
POl3
I
Q.

ZZ7ZZZ121 EASEMENT AREA = 1,520 SQ. Ff.±

ROADWAY PLATTED CENTERLINE
p --- POWERLINE REFERENCE LINE

FOUND SURVEY MONUMENT

ROSSI SURVIVOR' S
TRUST
APN: 224- 67• 0. 23
w---:~,~
1· .,· ,,._.
nc-,; r/
llilS DRAWING SHOULD BE USED ONLY AS A REPRESENTAllDN DF' IHE LOCATION OF THE EA6EMENTBE! NG CONVEYED, THE = rLDOAllON OF ALLSTRIJOTURES, LINES AND APPURTENANCES IS SUSJEOT TO CHANGE V~ THIN THE BOU! IOARIES OF THE RIGHT OF WAY HEREIN GRANTED commm m
SALT l-AKE: CITY, UTAH
IOl) m--
SCLA- 56598\ 2322245. l
SCALE: 1 • " 40'

ROSSI SURVIVOR' S TRUST
APN: 224- 67- 023
2191 RONALD STREET
SANTA CLARA. CALIFORNIA 95050
15 SILICON
VALLEY
POWER.

Jt'' i OF SAHTA CV. RA
SHEET: 2of2
DocuSign Envelope ID: 880B8C4D- BDBB- 4775- AEA8- 80234BE3D49E

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the of _______ 20_, from Richard G Rossi as trustee of the Rossi Survivor' s Trust ( Grantor) to the City of Santa Clara, California, a chartered California municipal corporation ( City), is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant to authority conferred by Resolution No. 5600 of the City Council of the City of Santa Clara adopted on the 28 day of May, 1991, and the Resolution Approving Purchase of Overhead Electric Easement, Resolution No. ____ adopted on 20_. The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224- 67- 023
APPROVED AS TO FORM:

Office of the City Attorney
City of Santa Clara
SCLA- 56598\ 2322245. l
Dated: This __ day of ____ , 20_
Office of the City Manager
City of Santa Clara
ATTEST: ________ _
Office of the City Clerk
City of Santa Clara
16 Recording Re9uested by:

Office of the City Attorney
City of Santa Clara, California
When l{ ecorded, Mail to:

Office of the City Clerk
City of San~ a Clar~
1500 Warburton Avenue
Santa Clara, CA 95050
25419662
Regina Alcamendras
Santa Clara County - Clerk- Record. er
12/ 23/ 2022 12: 56 PM
Pages: 6
SPACE ABOVE THIS LINE fOR RECORDER' S USE)

EXEMPT FROM RECORDING FEE
l' ERGOV' T CODE§§ 6103 and27383

EXEMPT FROM FEE
PER GOV' T COD' B § 27388. 1 ( a)( 2){ D)

OVERHEAD ELECTRIC EASEMENT DEED
2191 Ronald Street, & APN 224- 67- 023
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, Richard G Rossi as trustee of the Rossi Survivor' s Trust ( herein " Grantor"), hereby grants to the CITY OF SANTA CLARA, California, a chartered municipal corporation, ( herein " Grantee"), an easement and right- of- way ( herein " Easement'') in; 011, over, along and across the real property owned by Gran tor in the City of Santa Clara, State of California, described in Exhibit A· attached hereto and incorporated herein by this reference (" Easement Area"). · This Easement shall be used by Grantee for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/ or replacing overhead electrical transmission, distribution and/ or communication systems, . and appurtenances thereto, including a r~ asonable right of ingress and egress over adjoining lands of Grantor. In exercising said right of ingress ahd · egress, Grantee. shall, whe~ ever practical, use existing roads and lanes across lands of Grantor, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Grantor and any occupants of Grantor' s property'.

The overhead system will consist of poles, wire supports, wires. and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances. ·
Portions of the Easement Area may be used by the Grantor for driveway( s), landscaping excluding trees), and parking, as will not interfere with the Grantee' s use of the Easement. Any other use of the Easement Area by Grantor shall be subject to Grantee' s express written consent and oajy after Grantee' s review of plans and specifications and determination that such use will not interfere. with its use of the Easement. Grantee may trim any trees or remove any tree or structure which is in or adjacent to the Easement Area which, in its reasonable determination, interferes with its use of the Easement. Grantee may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 Feet or poses a risk of falling onto the Grantee' s facilities or equipment located within the Easement.

SIGNATURE( S} APPEAR ON THE FOLLOWING PAGE]

Page 1 of 2 ends

224- 697- 023
DOC # 25419662 Page 2 of 6
IN WITNESS WHEREOF, said granters have hereunto set their hands this 6 dayof CD.Ee , 20 2- 2-
Offic~ of the City Attorney
City of Santa Clara
By: Richard G. Rossi,
Trustee of the Rossi Survivor' s Trust
s~ tlZ14f7H..

Richard G. Rossi, Trustee
OWNER" APN 224" 67" 023 ( 2022- 12)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE THIS DOCUMENT, 1F GRANTOR 1S A CORPORATION, THE COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CQRPORA11QNANPCORPORATE TITLES OF THE PERSONS S1GN1NG FOR THE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS EXECUTING Tf- IiS DOCUMENT ON BEHALF OF CORPOR. A. TION, PARTNERSHIP, OR JOINT VENTURE, OR ANY OTHER ORGANIZA TJON OTHER THAN A SOLE PROPRIETORSHIP SHALL BE A TT ACHED.

ATTACH THE ALL- PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING THIS DOCU~ El' IT ON BEHALF OF THE GRANTOR. . . . .

Page 2 of 2 ends

224- 697- 023

CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of California
County of,;__> M1:: k. d\a,( tt
DOC # 25419662 Page 3 of 6
Jh . . / Yl~KIne TE-,4Yl1ll 11cl& Jn
On 1}_ e,.fk. ,} Z<Jiv before me,~' ctlW- y tpCA. bl1c ( name and title ofofficer), personally appearedRdnrd E!s-.r&; s;, who proved to me on the basis of satisfactory evidence to be the 2Mst: P,~
perso~ whose name~ @iare subscribed to the within instrument and acknowledged to me that~/ she/ they executed the same in~ her/ thelr authorized capacity~ and that by her/ their signatureyef on the instrument the person~, or the entity upon behalf of which the person(~ acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signatu~ aU- 0~ ( Seal)
DESCRIPTION:

DOC # 25419662 Page 4 of 6
EXHIBIT " A"
SVP REF: SC_-_
OVERHEAD ELECTRIC EASEMENT ACROSS:

ROSSI SURVIVOR' S TRUST
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224~ 67~ 023
EASEMENT AREA: 1,520 SQ. FT.±
That portion of the parcel of land conveyed in that certain Trust Transfer Deed recorded January 27, 2012 as Document No. 21515367 1 In the Office of the Recorder of Santa Clara County ( ORSGC), herein after referred to as the Grantor1s Parcel, located iri the City of Santa Clara, County of Santa Clara, State of California, described as follows:

COMMENCING at a monument located at the centerline intersection of Ronald Street and Memorex Drive, thence South 0° 42 157
11 West 212; 36 feet along the centerline of said Ronald Strnet ( as shown on Page 2 qf this Exhibit); thence South 89° 17' 03 11 East 30. 00 feet to the
easterly right- of- way of said Ronald Street and the Southwesterly corner of said Grantor' s Parcel; thence North 0° 42' 57
11 East 37; 59 feet along said easterly right- of- way to the POiNT OF BEGINNING; thence North 0° 42157
11 East 109. 00 feet continuing along said easterly
right- of- way to the beginning of a curve concave southeasterly having a radius of 30. 00 feet; thence northeasterly 48. 28 feet a\ ong said curved right- of- way, through a central angle of 92° 12155
11 to the southerly right- of-:- Way of Memorex Drive; thence South 63° 14' 01 11 West 8. 32
feet; thence South 10° 41 14T' West 137. 22 feet to the POINT OF BEGINNING.

CONTAINING: 1, 520 sq. ft., more or less.
r:'.
2 ~~--
c> I
J\ L\~ ~.

REV: 0 DATE: 4- 18- 22
11M D, i, IM- b,"
Cl~UCfRICAl
COUUll ANa INt

SALT LAKE CITY, UTAH

ROSSI SURVIVOR' S TRUST
APN: 224- 67w023
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
BY: AGD CHI<: GHH APP: JJC
A_ S. IL. ICON
VALLEY
PoWEK
art OF SA! ltA clA! i,\
SHEET: 1 of2
DOC # 25419662 Page 5 of6
EXHIBIT .. A"
SVP REF: sc _ .. _
OVERHEAb ELECTRIC EASEMENT ACROSS:

SCALE FEET
0 20' 40'

ROSSI SURVIVOR' S TRUST
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 67- 023
EASEMENT AREA: 1, 520 SQ. FT. ±
LEGEND

MEMOREX DRIVE
177Vl/ 7 /A EASEMENT AREA = 1, 520 SQ, FT. : f:

CLM~ -
RONALD STRE~~_/ I
MEMOREX DRIVE R= 30. 00' L= 48. 28'
D= 92° 12' 55"
p
ROSSI SURVIVOR1S
TRUST
APN: 224• 87• 023

ROADWAY PLATTED CENTERLINE

POWERLINE REFERENCE LINE

FOUND SURVEY MONUMENT
ll-11S DRAWIN. G SHOULD BE USED ONLY AS. A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED, THE EXACTLOCATION Of ALL STRUCltJRES, LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OFTiiE RIGHT OF WAY HEREIN GRANTED .

REV: 1 DATE: 4- 18- 22 SCALE: 1""' 40' BY: AGD CHK: GHH APP: JJC l.f Cl~ ICAl ROSSI SURVIVOR' S TRUST .._ s~~ A, c .. LOL·EYN APN: 224- 67- 023 • V,
NIUlTANtl lNt 2191 RONALD STREET . POWER.

CITY OF SANTA Cl. AM
SANTA CLARA, CALIFORNIA 95050
SHEET: 2of2
Cityof
Santa Clara
The Center of What' s Possible
DOC # 25419662 Page 6 of 6
Office of the City Clerk

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the le_ o( l>=: c..- etribec 20dcl-, from Richard G Rossi as trustee of the Rossi Survivor' s Trust ( Granter) to the City of Santa Clara, California, a chartered California municipal corporation ( City), is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant to authority conferred by Resolution No. 5600 of the City Council of the City of Santa Clara adopted on the 28 day of May, 1991, and the Resolution Approving Purchase of Overhead Electric Easement, Resolution No. t9;;>.- CI f "-((.) adopted on @r I'::> , 2~ The City, as Grantee, consents to recordation by its duly authorized officer, the City Cler. k of the City of Santa Clar1,:1.

Re: . APN 224- 67- 023
Dated: This l' l~ ay ot.D~l'ln1her , 202:Z..
nl\/'-Officof the City Mhna' 6er
City of Santa Clara
OfficeoftheCity
City of Santa Clara
1500WarburtonAvenue • Santa Clara, CA 95050 • Phone: ( 408) 615- 2220 • Fax: ( 408) 241- 13771 • www. santaclaraca. gov DocuSign Envelope ID: D6DC2E7 4- 3020- 4F4 7- 9DF3- 03BFFCEF90DE

AGREEMENT FOR PURCHASE AND SALE

UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE ( this " Agreement") is made and entered into by and between CITY OF SANTA CLARA (" Grantee'' or " City';)" and JB MANUFACTURING, LLC, a California limited liability· company (" Grantor") with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.

Grantee and Grantor are referred to coJiectively herein as the " Parties" and individually as a Party." .

RECITAL$.·
WHEREAS, the City of Santa Clara' s Electric Utility, Silicon Valley Power (" SVP"), plans to construct apprpximately 0. 6 miles of new 60 kilovolt ( kV) overhead transmission line hereafter, the. " Project' l-) a: long_ Shufman Avenue,- Memorex Drive, Ron· ald Street, Dr Giulio Avenue and. Lafayette. Street within the northwe$ t~ rn area of the City ofSanta Clara. SVP' s prlm_ ary qbjectlve· for- th' eP_ roject is· to \ncr. ease.- system capacity . and r:eliaqility. · WM~-~E.AS, .th~-- Projec_ t wili ' inyolve- tl~~ p:l~Gem(:} Dt of m~! tiple new · rnqnop_ ole ste~,-. str: qc~~ res · and/ or repl~- qe existing wood poJ~ strµctures ~~d result'in. e, itnerthe- exp_ansionof existihg efectric overhead and Wire clea. rariceeasementsor theacquisitidnof · newelectricoverhead and wire ciearanceeasements·. . . WHEREAS,
to _ constructand m1; 1. in,aina portionof- theProject, Grantee needs to acquirefrpm Grantorcertain easementrights, which Grantl;}. e hasthe powerto acquirethrough the exercise of its .powe_r of. eminentdomain: . WHEREAS,
to avpidthe necessityof aneminentdomain proceeding, and to facilitatethe construcJiori -~md maintenanceof a p~rtionof theProj_ect, Granteewishes to acquirefrom Grantor,· arid GrantcirWishes to sell-to Grant$e, certaineasementrights ( hereafter, the · Ea- aemerjt") as· frioreparticularlyd_ escribedin · theformof OverheadElectric · Easement Deed attachl? d her~t9. as Exhibiti, r,, uponthe_ termsand condiUQnsset. forthherein .. . . . ... · . . . . . .. ' .... WHEREAS, Grantoumd ·. Gran. tee recognizeth~ t thepµrchaseof the E. asementJs st, ibject to Jtpproval_ of ~h~ Qity Co1,1ncil of tile _ Cityof SantaQlara_ (here? f~ er, , the "City Council"). and th~ t. this .Agreement :shal_ l hav~ no:force . Qr effect unies~ and .until s~ id CityCoun_Gil approval . hasbeen obtained, which approval shall be obtainedbeforeexecution of this Ag·reement ·by Grantee.. · ·· · · · .. · · NOW

THEREFORE,
in consideration of the mutualcovenantsand promises of the parties, the parties heretoagree as follows: ARTICLE1
PURCHASE 1.

1. TheEasement. Grantoris the feeownerof certain realproperty commonlyknown as 2122 RonaldStreet, Santa Clara, CA 95050, APN: 224- 66- 003, locatedin the Cityof SantaClara, California, over which propertythe Easement will cross. SCLA-56598\ 2322245. l
DocuSign Envelope ID: D6DC2E74- 3D20- 4F47- 9DF. 3- 03BFFCEF90DE

1. 2. Sale and Conveyance. Grantor shall sell to Grantee and Grantee shall purchase from Grantor, subject to all of the terms and conditions hereof,- the Easement.

1. 3. Effective Date. This Agreement shall become effective on the date this Agreement is counter- executed by Grantee ( the " Effective Date"); provided; however, that Grantee shall deliver a copy of such. counter- executed Agreement to Granter withfn three days of such date.

1. 4. Title. Grantee has_ obtained from Flrst American Title Comp& ny ( the " Title C~ mpany?'): a preliminary title r.~ port ~ ated March 22, _ 2022 ( hereafter, the uTitl~ R_eport'~), and _ Grantee sh~ ll promptly deli_ ver to_ Granter a true, cortect a~d_ co_ mplete copy of _ the Title Report.· Gr_ antee irrevocably ac! qiowle~ ges and agrees thi: lt all . exceptions. listed or.: · .. · . . · contail'). ed. in the Title Report ( Go! lectively, the " Appfov- ed._ Ex(; eptions") have been. and are approved by Grantee. ·
ARTICLE2. . .

PURCHASE PRICE -· . . .

J .... Purchas· e: Pdce:. Tf1¢' J5urd, a.se priq.e fq.r.tbe.·g_~~ eme. n.t snalT. b$ E'ifteen_.· .

Tho_~~ an9. ? m: f.no/1"~4.0~Uar~J$1?-~oqo_, oo)'(th.~ " Pur~~ as.~_ Pri~~"). · ... ·.

2.2. . . .Paym' ent:· of Pu' rchase prrc~: The Purchase " Pri_c~ sh~ II be payab~ e in full_ iti cash uporr clos~ of Escrow·( as. defined below) in· a9cordanc1: fWi1h ? ection 4. 3; ARTI. CLE3 ..

CONOITIQN$. TO PURCHASE AND SALE

3.1... General. Condifions Rrecedent to Purchase and Sale~ The obligation of .

Grantee to, purchase the Easement,: and the obligation. of Grantor to sell the Easement, : are each expressly conditioned upon the · satisfaction, at or prior to closing, of the. following . c·a'nqitiot,: set forth in tnis Sectl.o'n a_: 1., . . . . . .. ·.:-> . .. . ' . . . . ·.:_ ... ·. . . . .

3. 1. 1, . App· roval by - City. Council. . Th_e Ci_ty_ Council shall , h1we. passet; t a . . resolutlori: authorizing. the pu" rchas· e: .. oflhe Easement and the · recordation · onhe. Easerhent Deed:
3, 2 Grantee' s Conditions Precedent io'· c1osing: The obligati~ ns of Grariteeto cohsumil) ate the : closir: ig herehpr, 9vlded f~! sh 9[1 be, subJe. ci tothe followf~ g-. condi~ o~ s . preceden!, any ~ ne or rriore .. of w~ ich may, be waived·_ by Grantee:· .. . · . · ·. . .

3. 2. 1 Title Insurance. The Title Company shall be prepared to issue an AL TA Standard Owner' s Policy of Title Insurance in the amount of . the· Purchase Price · insuring . thle . to the Easement vested in Grantee, subject only to 1he Approved Exceptions ( the " Title Policy").

3. 2. 2 Deposit of Overhead Electric Easement Deed. Grantor shall have eppsited into Escrow ( as defined below) an Overhead. Electric Easement Deed in the form of attached hereto ( the " Easement Deed"), fully executed and in recordable form; G-1, \,,,-~conveying title to the Easement ( subject to the Approved Exceptions) to Grantee.

3. 2. 3 No Breach. At and as of the Closing ( as defined in Section 4. 3. 2), there shall be no material breach of any of Grantor' s representations, warranties, or covenants set forth in Article 5.

SCLA- 56598\ 2322245. 1 2
bcicuSign Envelope ID: D6DC2E74- 3b20- 4F47- 9DF3- 03BFFCEF90DE

3. 2. 4 Delivery of Documents. All documents and instruments required to be delivered by Granter at or prior to the Closing shall have been delivered or shall be tendered at the Closing·.

3. 3. Grantor' s Condition Precedent to Closing. The obligations of Granter to consum- mate the Closing herein provided for shall be subject tothe following condition precedent, which may be waived by Grantor:.

3. q. 1. Delive' ry of. Title Report. Funds and Documents. Grantee shall have deUvered to Granter or Grantor! s attorney a true, . cor.' rect and complete copy of the Title Report at or before the tenth ( fo! h) day fi> llowing the Effective·: Date, and all funds, as. well as all documents anci-' in$ truments, requireq to be:. oelivered by. Grantee. ~ t .qr prior to the Ciosjrig- sh~ II have been . deljvered or shall be tend~ reo at. the Closing. : · . . ·

3. 4. . .. Grantee' s· Herriedies.
3;4:;1 ·. Conditrons. Pr. ecedenk• lf ariy' one- or. more of- th. e. conqifionspreced~ nt --·.· ._ n.sted -,n -Section··. 3. 2.ls riot~~ ti§ fle' d, J~r~nte_e shall hq'( e· the right . eitner to_ vi~ Mdb~ c·om; lit(on 'in :__ . . -·;. __ ·· qtJef; tion ar:id prpceecf wi' th the purchas~ of the Eas- ement p. ursuaiJt. to all of th8'. other'. term~ . C?f. . . this Agte~ ment, qr; Jrdli,ir~tt~rna:tiv.~.· to ' ter,rriit11=1~e ttiis' Agreement' by d$1lv,er1ng fo: G~ aqt6r . . _, wri~ten notice of such· teriTHti~ tfC?n specifying the. re·ason therefor. · upon such t~ ti:n. i~ atiqn, any . ' money deposited Into Escrow· by Grant~ e· sl') all t?e tjjstributed, as follows: first to Escrow· Holqer · ·. in-~ n arricmnt equal to Esc. row H61der.' sfees and ch<: 1rg~; ifany, with- respect. to the Escrow,· with the- remainder returned to Grantee; and thereafter- neither. Party shall have. any further· rlghts, obligati~ ns;' qr llabilittt¾ s hef~ under. exC!;3pt to , he. extent, if at'1y~ ttiat any_ such. right, · . 0QHgation . or liability ~ etforth hereirJ expres1: 1ly su. ryives· termination of : this , l\ gr~ ement..

3. 4. 2 ,, Default. ·! f Granter fails topertorm · any of its obligati, ons or : i~. otherwise in q~ fault. un. der tt'li$ A,gr~eJTI(;3nt, Gr~ m.tee stilill h~v~ , the_ rightto give w. ri\t~D r.iQtic~: to G. rantor .. _ ·_ . l3pecifiQally · setting · fotfh_ 1~e. nat ra of · said failut~ .. or. defauft and . statin~;i'" th~t. Gran tor shall have ii'. . p_ei'idd ·qt ten ( 10)- calendar_ days• fo· cure such fa. Jlure· or default If Grantor- hasJi· orci: ifed· such f~j_lur~ or: d.~ f~ uit, wittiln .. svch period ·( q_r,. -if ~ µ_chfa! IW~. or tjefeu.1~t j~ ~9.t_ c~ p0;q_ l~ _<:>f b~ ing· GU~ etj . '' ' withinten ( 10) calendar days, Granter either hasn· ot commencedsuch cure·in good faith within such perioda,r. does,riot diligentlythere~fter completesuch cure- within- thirty (30) days}.--... Grantee's sole and excJuslve remedyshallbe one. of the following: . a) -w~ iver. · watv~ such_ failurt? ~nd. procef:39 to th~ Clm~jng pursuant, to all of the othert~ rmsof this Agreement;
or b) . Terminate. Granteemay terminatethis Agreementby deliveringWritten noticeto· Grantorand Escrow Holderto that effect, hi which· event any moneydepo· sited into Escrowby Granteeshallbe distributedin· the mannerset forthin Section3. 4. 1 above. Nothjng herein shallbe deemElda waiv~r by Granterof its rightor abilityto exerciseits power of eminent domainto. acquirethe Easem-ent aftera terminationofthis Agreement. 3. 5. Grantor's
Remedies. 3. 5. 1. For Failureto Deliver Documents. If all documentsand instruments identifiedor referredto in Section3. 3. 1 are not deliveredor tenderedby Granteeat or prior to the Closing, Grantorshall havethe right eitherto waivethe deliveryin questionand proceedSCLA- 56598\ 2322245. 1
DocuSign Envelope ID: D6DC2E74- 3D20-- 4F47- 9DF3- 03BFFCEF90DE with the sale of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement by delivering to Grantee written notice of such termination specifying the reason therefor. Upon such termination, any money deposited into Escrow by Grantee shall be distributed as follows: ( a) first to Escrow Holder, in an amount equal to Escrow Holder•~ fees and charges, if any, with respect to the Esc_rO\ty, ( b) next to Granter, In . an amount equal · to the sum of all reasonable and documented notary fees, signing agent fees and courier or delivery costs incurred by Gralitor in connection. with Grantor' s execution, acknowledgement and. delivery of the. Easement Deed, and ( c) the remaining balance shall be· returned to { 3r~ ntee; and thereafter neither · Party shall have any further rights, obligations o_r . · liabilities here. under : except to the e} 4en. t,.if any, that any such , right, obligation or liability_ set ~ orth:
herein expre~ sly s-u_iviv$s termination : 6f thls· Agreement. l5. 2 .. t= or Failure to Deliver- Funds. If Grantee- fails. to deliver at or- prior to the ...

Closing all funds required to b.e delivered by Grantee at or prior to the Closing, Granter shall have the rjghtto give' written noti_ ce' to Grantee .. spec_ ificaUy_ setting· forth the nature of said· failure and tati g .that.' Grant!? e. $ hall. h_ave an a:<:jdifiorn~l _period qf timer but not l~s.$ thanJ<; m (. 10) caleridar.· fa~y~, fo· cur_ e: iuchfailure. l.f ~ rantee.· cfo· es' i1bt· curers. Li9h· failui~ withirfsucM peri9d, Gr~ nt6_ r.Jriay : · terrnir; ateJhi~:·. Agr~ eo, e. nt by d$. liVetJng: wd. tten __ n9. tlce·) o·(; lrantee·· al" li;l !;:s9r0. w Rqld¢ r· td: t.h~ t -: · .· tmecCili'- whiblteve· nt-a:ny, money · c1epo·~ iteid fnto Escrow b.y: Grariteei-: shall be. disfributed- in- tne,.· :· manner set _ fpJth· iii. Section · s.s: .. 1 ~ bov~. . · .

ARTiC( E 4
CLOS.i1'J'G AND ESCROW

4.1 ... · Escrow. Holder:. Joint Escrow: lnstructions. Grantee has established an E?scrow (th~" EscrQw1 Wi.tli First' American Ti1le;· 17: 37 North. FJrst St., # 110·, $ an Jose, QA .. 951 . 1-2. (tb.e '' E~ crow. ff older"),-' E;sprow . Officer . LJJlsa Sosa, t~!. ephone: ( 408) 45 t~ 79~ q,. A c'opy of. this Agreement, duly executed by both Parties, shall be deposited· therefn by.

Grantee. withiri': five ( 5) ~ lisiness days afforthe· Effective Date. Tfi~· fo! lowing provisions,. or· ppl,!qal;?[~ potjlons thereof.,- oUhis_ Agr~ em~ nt c.onstitl_. ltE' lJhe. jointescrow instruqtioQs~ oJ the_ Parties. tg .!;~ crow Holder; which-- E~ cr9. w Holqer is: to · use alorig ~ th-; any add. itiqnal in(1tµE\I . · instructions tci close :the escrow: Article" j, ' Ait1cle2, Article3, Articie4 a' nd . Article6. ·, he · pq.~ ies· wu(r{; I_Ceive' l;: sc~qw: l: lqlder'~ general pi' ovisi,01'.) E{, jf. ariyfdk<?,ctly from. E:~ c. rowHol( JE) F, .. and vyil! ex13cuteand deliversuch generalprovisionswithin five..( 5) d~ ys afterrec~ ipt tllere9f. C To the- extent'that. such generaLprovisionsare in' oonsistent-with or ccmfllctwith- this-... Agree merit, then ( i) asto thedutiesand obligations ·of Escrow. Holder. only, the. general . . . provisi0ns- will · control, .and ( ii} as to: the rights,and obligations -of thePar. ties;-this·- Agreement · Will control. The. Parties\11. fill' execu~e. suchadditi. ona. l iristr.uctions,.documents·and ' forms that · · may be providedby EscrowHolder and that are reason.ably necessaryto closethe. escrow;· provided;- however, that no suchinstruction,· document or formshall alter any Party's rightsor qbligations under this Agreement. Within three days after executionand deliverythereof, the Parti~ s shalldeliverto EscrowMolder a copyof anyamendment,· contract or otherinstrumentthat modifiesor amendsany of theprovisionsof thisAgreement. 4. 2 EscrowDeposits. Prior to or on the ClosingDate, the Partiesshall depositthe following into the Escrow: 4.

2. 1 Deliveriesby Granter. Grantor shall depositthe followinginto Escrow: a) The EasementDeed, fully executedand in recordableform; SCLA- 56598\ 2322245. l 4
DocuSlgn Envelope ID: D6DC2E74- 3D20- 4F47- 9DF3- 03BFFCEF90DE b) If required by the Escrow Holder, a FIRPTA Affidavit stating Grantor' s U. S. taxpayer identification number and that the Grantor is a " United States person" as defined by Internal Revenue Code sections 1445( f){ 3) and 7701( b); and c) Such other documents and instruments as may be required by other provisions of thfs Agreement or as may bereasonably. required by Escrow Holder or otherwise to carry out the terms and intent of. this Agreement.

4. 2. 2 Deliveri~ s· by Grantee. Grante~ shall deposit the following info Escrow:
a) . Casti or immediately · avail~ ble · funds in the amouritof the Closing bat~· P~ yment { as defined hi . Section - 4~ 3. 3. 3 belQw) togeth~ r.. with such . adclitionaj cash · qr · · ir:nn: iediately available fi.lnd. s iitth, e amount neces· sary- t9.: p~ y l;l.11closing costs ~ nd e~ crqw fees and charges;
br . · Aduly- exe. cuted Certificat~, qf Apcept~ nce, substahtialiy in. the ferritof the Ce. rtificate ofAecept~ ricie attached· heret0,· c~ rtifying ttiatthe· resoh. ifio' n l'equirecf purf? u.ant- to Section . 3J,, 2 bE=1reof-has . been._ dtJly ad6pted~ by the City· Counaili-: and ·:. ·.. · . f , .. -i\0~h othe~ d<tGJrnent~· ~n-c{Yn,stturr.ient~-~-~-:i11~y_.b-~ ~~ qyirec{by · .·. n;> ther· provision of fhi~• Agr~ enient qr asm~ y· re. a~ oh~ oiy be required. by· J; scrow- Holder_ or othelvvise to' carry out the term and intent or this Agreement . ' · .. . . . . . t3;1 Closing bate .. Escrow shail close an· the thirtieth { 30th ) .tjay. folJqwiog the .

Effectfv~- Date or upon such. other date as may be muh. ially agreed uponby· Grantee and Granfor. ( fhe '' Closing·· bate;'). .. . . · · · · . . . . . . . . · · . . .. . . .

4. 3. 2 Clos1ng. of Escrow.· When the · au ·of the Conditions Precedent listed- in Arficte 3 haveb~ en· satfsfl~d" orwil. ivect;·· ar:id when .. t$ctb'W .Holder hf! s -f~pe/ii~d. 'i:11.i~r:Jepessary .. · : ·-· casff:arid .documents and- 1s iri · a·· positlon- tQ issue the:· ntre·· Polfcyas provided~ rn- Section · 3~· 2. 1, · E. scrow Holder ~ hall im_ m~ diat~ ly·close_. I::sprow. as_ provided below.( t_ he " Cl_ o.. sintf)~. · . . . .. . ' ' . . ... ,. ' . . . . -. . .. . .... · .. -...... 4~~-P Prdced~ re ... ~f? CYQW Hpld~. r .$ hi: l\l closeJ; sctQYlf. E}.s: fq!IQWs: .

4.3 .. :ff Record Deed .. : o.at~ and · record. the. bv. erhead El. ectrrc Easement .. _ Deed in the Official Records of. Sarita Clara_ County. . : . : · · · -. .: . · .·

4. 3. 3. 2 Deliver Copies of Dee. d. l?eliv. er one ( 1) c. ertifie~ c~ py o.f the reGorded Deed to Grantee.
4; 3. 3. 3 Pay to Granter. Pay to Grantor the funds in· Escrow in an amount ( hereafter, the " Closing Date Payment") equal to the Purchase Price. Notwithstanding any provision herein to. the contrary or in any oth_ er document, instrument or deliverable, ownership of and title to the Easement shall not transfer or pass to Grantee until the Closing Date Payment has been received in the account of Granter by wire transfer of immediately available funds.

4. 3. 3. 4 Deliver Title Policy. Deliver the Title Policy to Grantee.

SCLA- 56598\ 2322245. 1 5
DocuSign Envelope ID: D6DC2E74• 3D20· 4F47- 9DF3- 03BFFCEF90DE

4. 3. 3. 5 Closing Statement. Prepare and deliver to each of Grantee and Granter a signed copy of the Escrow Holder' s closing statement showing all receipts and disbursements of the Escrow.
4, 3. 4. q1o~ ing Costs: Each Party shall each P!'.lY its. own l~9al. fees and ~ ther expenses incident to the negotiation and preparation of this Agreement, regardless of whether the transactions contemplated her. eby are consummated. Grantee shall pay all closing costs and all costs and expenses of escrow, inqluding without limitation. the following:·. ( a) al.I recor. ding. - co~ ts ( if any), ( l?) all, recording fees ( if any),. ( 9) ·all esc~ ow fee$ and ohqrges, ( d) _ the title insurance prel'!liLI!'TI_,. antj ( e) all transf- er taxt?s. ( ila! ly). . ..

ARTiGLE· 5 · :·: ... .

REPRESENTAtiONSAN. DWARRANTIE$ .:• ..... •". -
5J. · · 0r3: ntor' s Representations:- and- Warranties-•. Gran. tor, r- epresen~ s_ arid- warrants'·., .. , · q_ Gr~ nt~ e thattl: i~ .~ o!low_ ing rnatt~_ rs .~ rtfl~ e .. a_tidqo~ reci in. ali ff1aterip;!'_ rt;1sp~ cts_ a.s ~f the:: .. . . .. ,. _ execution oHhfa Agreement- and Will'. also~, beftnie and correct- ih- alf materiql- respedts· as of.;:·_; ·:, ··:.• : ... -. - i-: the:~!qsing::._,~\-::.-:_:· __ ~·.>· .. ·.·-·, ··· ::· : .. ·</··_'._<·::.-_ _:.'_ .. :·. :·: : _: _ _., :···:>::_,_':( ·_::-; .·i:_:_(_~· .. · :". : .> .\>// · .. ~: i:'\ ·/.~·-_:_·: · . s·::j:. {:·· ori;i~-~ i~~ tr~·n:· A~thb~ i·t,/~0:rati.t~~- 1~·--·.~ . c~Ht~~hl·~-i1~1t~d-n~tJ'liil~;_ Golhp-~riy~ ---~:_·: .. ·.· . :: , .. daly 'organ, iz~ c!;; valr~ IY SX\$til')g_9:rid ip.'f'.JQtjfst~~d1ng uhcter' th~ l~w~ 'of }ba_·stE:j.t~_of Cali~i:>rnta; --:· · :· .·. . and has the fLi!! poi.ye.r, ~11d "authority:' to e~ ecu1e ! J.hd cl~ liver this Ag_ reem$ n(~ nd · an doc; i.Jhie~ ts . -.. :·. . " ·. · how qr her$ in~ fter w· b$· execwtec; I and-- d~ liv~ f. ed hy it. p~ r~ uant to· tnis Agreement- aric; I to perfomL ·"··: ,: . ·. , ... its .. dbfigations ,!; l.rising µnder this Agreementc~ nd. · such · per. formance- dO,cfS not ·confiirit with any .--: . . . : . : -. ob! igations: of the Grantor. The individual{ s) e_ x:ecutirig· thi~ Agreement and the instruments ... · · ·· · r.~ ferred-. t,o l'{ereih_ on behalf of Grt:1.1:1t6( 1 ha. ye_ the. leg~! pow~ r, .. ri•ghts ar.\d actual. autho· rity' t9 hinc,L. , .. _._ .. _ Grantorto the terins, and conditions- hereof and thereof; -· · · ' _. .... . .. . . . . . . . ... --· ,. . . . . . ' . ,. -.,. . . . . . . '. . .. -.. 5_. 1, 2 .. · N0' Vi0lation of Agreement; Lifigation, Neith~ r the-$ xecutiori, delivery·. qr .. \; --• petfo1J111;! Q.ce_'Qf .tQ_is_ Agr~ Eirne. nt by Gr~ nJor ~ ill xesU. lt . in the pre~~- b. pf_ a,oy, terrtJ$, ... concJitj_ o,n~._ 9t .. ·. .. .. provis! ori¢ of, .. cfr .. ~or' tl19t w.! tn·or.coiistftµ~ i•i ~ ejaylt--~. mder-_ th~ terrtii:qt~ny~ i'ritjaniqf~;_ deed·ti?;:·_ -~·,·:· . : . . . l{ ec~ re qebt, : n: l.ortg?_ ge,:~ e~ a ~ f tr.c,ist; ~~ te, eyidend~ o( iride: hteqri_~ ss or any: bther a.gre~ni~ht or_:' .. · · .. -,· ... in:str.urne. nJ ~ Y-W~ ipb -~raritqr.-- q~ ~ IJ~ J;:a~~!11~DtJs b9und •.. 9r~ r:i.to~.1:t~~J)~_!; lCtl;la!' kt:JC?~legge,.Qf ·._ .. _. -. __ : .. _. a'ny pending o~ threatened ' litigation; a9ti~ ns; app! ications, orders, pr0te. sts, pr6ceedings;· or . complaints again$ for a: ffecting tltle . to.tl: tef _E,~$ emeiit' or-' Grimtor? 5?,, irheie_ st therein;~,._. .. --,_ · . .-,.... ·_ · -· .. , . ·-.. ,

5. J.~ - Compliance. with Laws,.• Gran. tor Ma~~ receiv. ed310 writte1;1 n9tice aflegiA- g:_ ...... · violations-: ot, ariy f~d,er!3J,, ~ tate or_ r) iui) icipal _ lawi:rq,r 9rdinanqS: s. witb. r~ gi;! rd t9 _any po_ rtiqn OTt~~ ..

Easement; · :
5 .. 1. 4 No Existing Lease. There are no contracts or agreements with· respect. to. the occu· pancy of the Easement which will be binding upon Grantee after Closing; and·

5. i . 5 Granter Not a Foreign Person. Granter is not a foreign person. within the meaning of Section 1445 of the· Internal Revenue Code of · 1986 1 as amended.

ARTICLE 6

GENERAL PROVISIONS

6. 1. A1wroval of City Council. Granter and Grantee recognize that as of the execution of this Agreement by Granter, this Agreement is subject to approval of the City SCLA. 56598\ 2322245. l 6
DocuSign Envelope ID: D6DC2E74- 3D20- 4F47- 9DF3- 03BFFCEF90DE Council and that this Agreement shall have no force or effect unless and until said City Council' s approval has been obtained, but such approval shall be obtained before execution of this Agreement by Grantee.

6. 2. Binding on Successors. This Agreement_ is binding upon and inures to the benefit of the Parties hereto· and their respective successors and assigns; except that · no Party hereto may assign its rights hereunder without . the prior written consent of the other · Party. No assignment of all or any pbrtion of this Agreement shall release or relieve the Parti~ s· hereto of any liability hereunder and such Partie$. shall remain primarily liable hereunaer.

6. 3 .. · . Entire Agreement. · Th. is Agreement, inclµdingall exhibits, contain$· the-· entire gr~ ernentand understanclfngbetween. the Partieswith respectto thesubjectmfJ, fter her. eof, and _ supersedesall priorand cohtemporaneousagreements, understandings, inducements and condi} rons, express.or implied; oral or written, of ahy·n~ t1,.1re whatsoeverwith resp~ ct- to th_ e' suqje~t- m~tter li. ereof; °Tne e_ xpre~s termsh_ e_reof. controJ ~nd ~ upersedE:1 a."ny COL/r$ 6 ·of . . p_ er_formance-or !.! Sageof \ he'. fradeinconsi~t~ nt with ?triY: cif the-terms_-~ereof. ) his.· · -· · · Ag~ ee_m: entn: 1ay·notpe:rr. iodified_-9rtlmended-9ther;-- tha_ n- bfanagreeme~t inwr/Jing. s_ ig11ectby duly" authorizecfrep_ r. e$enta:tlv. es. of th~ P~ rty -6. i'"-l?.a° r. tiesJi:ibe · chE;trg~ d •. : . · · -.: .:. · . .-;: __ · .. · . · .. 5:

4. .. Brok~ri:/ Fees~ Gra. ntqr--~n- d G-r~_~tee ~ach. r~ pre~a_ nt andwarranftothe o~ hWthat, lh~ r_ i3 are· no brokers; fe~ s a( finders' fees arisf ng o(! f qfJhistransaction ?nct° ~~ ch . 9haltindemnify; defend~ and hold :th~( otherharmlessfrom · any clafrn, loss; co· st, ·damage ·or . · exp~ J' iSelncludmg,--without limlt& tia11, · attorneys' ·and expert~{fees · afld costsand co· urt costs···. · arising out of- or- incurredin connectionwith any claim by . . any ·other- broker, finder or. otherp:
ers_on or . entityfor-_ ahy: broker:age- commission·, finder' s . fee .or other"aliJc: iunt in. t. onnectionwith any acts or· dealingswith such lndemnifying:pa.. rty_ with a11y sµc;: h broker, fin_c; ter orotherpersonor entity. · 6. 5.. .

Attor_ney' s. Fee~ . .lo. the eyent ~ith~ r.- 1?.ar:tY tothisAgreefD~n. th: is,titu~e~ .an . a, qflo._ r:i. toint_erpr~t · or enfqrg~".tb.~ t~ r111_s hereof,. ·orto_ opt~in moneydamages, th~. Rrev~ fl_ irjg arty, as:
dete" rmine~ by t~ e court {wh~fher" at_ trial o_ n. 1pori -appeai)_~hall be e~ titledfo .... re_ cqv~ r from the. oth~. r, . ir. ta99itipntoct:> sts ~n. ct j ~dgm~nt _ ~s ~ w~ rdeqbyJh~ c. o_ u.rt, Jts . attorney's fees incurredtherein. The prevailing party shall include, without limitation, a party --.. who ·oismisses· an action or: proceeciittgforrecov- er: y.· hereunder. in exchange. for.. . -·.. . . consideration substantially equal.. to the reliefsoughtin". the.. actionor. pmceeding; Jn no event .. shall .an attornetsfee-award exceed.$5·, 000, WhetherAn-the tri~ l co. urt; appellatecourt,.or otherwise., and regardless of . the - number .. of attorneys, trials~ ap_ pea1$, .or · actions .. 6. 6. .

GoverningLaw .. This Agreementsha! F. be governedby and construedin· accordance with the laws of the Stateof California. 6. 7.

Captions; All captions andheadings in this Agreementare for the purposesof reference andconvenience and . shall not limit or expandthe provisipns of this Agreement. 6. 8.

Time. Time is of essenceof every provisionherein contained in this Agreement. 6. 9 Executionin Counterparts; Facsimile, PDF or ElectronicSignatures. This Agreement may be executedby original, facsimile, PDF or electronicsignatures, and in two or more counterparts, each of which shallbe deemedan original, but all of whichtogethershall SCLA- 56598\ 2322245.l 7
DocuSlgn Envelope ID: D6OC2E14- 3D20- 4F47, 9DF3- 03BFFCEF90DE constitute one and the same instrument. Facsimile, PDF or electronic signatures shall be treated as original signatures. This Agreement shall become binding when one or more counterparts hereof, individually or taken together, shall bear the signatures of all of the parties reflected hereon as the signatories.

6.1 o. Survivai. · The terms, covenants arid conditions of Artfcles 5 and 6 shall remain true ancf . correct. as of the Closing Date, shall be deemed to be material and shall survi: ve the execution· and delivery of this Agreement, the delivery- of the Ease· ment Deed and the recordation thereof. ·

6. 1 L Notices, All riotices, requests or other communications required- or permitted· ... t_o be given· in con· n;ection . with this Agr. eenie[) t" shal(- be in writing and st, all. ~ e .. personally. . . . . delivered against r19ce.ipt. or sent by comrnerciai courjer service,· or. by_ registered or certified. mail, · po? tage pre- paid, addressed to the party. whom it is directed at ttJe" following addresses, or atsuch other addresses as maybe designated by. noticedrorn, sucti· party. in the _ manner provi~ e, d l)erein: . . . . . . . . . . . . . .

To Granter:· · .. . ,• JB Manofactaring, LLb: ·
Attentiqn: ! 3arbara Plata.· . .... -..... ·.
with a copy, given- in the· ·
manner prescribed above-! tm
to Grantee: ·
with a (:: opy; given in.- the· ..
manner prescribed above, to:

1.875 . .Saint Marks ct:. .
t\,forgan ·Hui, GA .a.sp·~7:

T~ lephone: 408,. 476- 024~
Nopar ·& Associates·
530 Lytton AveQue, : SJ.Jite 200 ..

Palo Alto, Calif. arr. ii.~. 94301154: t
Attn: Alan ft N6pa. r, Esq.

Te. lept, one: · 650~ 328~ 730d.

City ~f Sant~· Ctar.a: ·'.
1500 Warp4rJ: on, Av~ 1J:U~
Sanfa Clara, CA 95050
Atth: . G. ity; Manage' r ... • .

Telephone~ 408- 615~ 2210
City of Santa Clara City· Attorney' s Office
1500 Warburton - Avenue
Santa Clara., CA 95050
Attn: City Attorney
Telephone: ( 408) 615- 2230
Notices which are delivered by personal delivery shall be deemed received upon delivery; notices which are deposited in the United States Mail in accordance with the terms of this Section shall be deemed received five ( 5) days after the date of malling and notices delivered by commercial courier service shall be deemed received the date of actual delivery. The foregoing addresses may be changed by notice to the other party as herein provided.

SCLA- 56598\ 2322245. 1 8
DocuSign Envelope ID: D6DC2E74- 3D20- 4F47- 9DF3- 03BFFCEF90DE

6. 12. Further Assurances. Each of the parties hereto shall execute and deliver all such other instruments and take all such actions as any party may reasonably request from time to time in order to effectuate the purposes of this Agreement and the transactions provided for herein.

6. 13. Provisions Severable. The provisions of this Agreement are independent of and severable. from each other, . and no provision shall be affected or rendered invalid or unenforceable by Vittue of the fact that for any reason any other or others of them may be invalid (? r un_ enforcea~ le in whole or if) part. ·

6. 14. Number-· of Days. In computing t~ e- nu, mber of days· for purposes. of this Agreement; al~ ·day~ i sh~ l(. be counted, including Saiµrdays, Sundays and hol( days; provided, however., fhlil. t if thefinal daY: of anytime periodfalls on a. Saturday, Sunday or holiday, then the fioal day shall be deemedtobe the next day whichis nota Saturday, Sunday · C? r holiday_~:.. .. · ts1GNATURE ..

PAGlE' FOLLdWs1.-. SCLA-
56598\ 2. 322245.1 9
DocuSign Envelope ID: O6DC2E74- 3020- 4F47- 9DF3- 03BFFCEF90DE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective as of counter~ execution by Grantee' s authorized signing official shown as· follows:

GRANTOR
JS Manufacturit) g, LLC, . Gity Qf Santa Clara,
a California limited liabi) ity . company .. a municipal : corporation _ . lilu _ il?1</ f1a.~ -
y:, . § 1\1-~ '. _-. -·-.-8y::0~i41&--···-8:-J~c:rf;e_!::J . . > TIii~: ·. Me. her • --··-.. _ . ·.· Title,, / t_,;::;;15/4,! ~ /: fr lrbntttC':"" 7; Date"; .. : ... .}/?.~!~
0?!· __ ; :.:··:::.-.::·,~ .. .-·, .
20~~:::. · ... Date: of· Gr~ ntee' s Counter~ Sig_ riature .. -. . _ . :. -·· ... · ,, ::-.:-:

C >//· -:: ... ·•• .-,-: <:r~~7Q•t~o; iii-";•~ 2#• • •-· ·:-~. ;: '?- I•••
J:1£ ..
ffice9ftiie · City AMo~:rieY. :·--
Qity. of Santa : c1_ara. . · « • •. •• , : . -·:·
i •• '·:·
t
SCLA- 56598\ 2322245. 1
DocuSign Envelope ID: D6DC2E74- 3D20- 4F47- 9DF3- 03BFFCEF90DE Rocording Req~ l< ted. by:

Office of the City Att\'Jm.~y
City ofSantn Clara, California
Wl1cn ~<! Cotdccr, Moil to:

Office of the Cit}'. Clerk
City of ! S'ontnClnm
500--Warburtci) l Ave. tiue:

Stmm . Cima, .e.A 95050
EXHIBIT " r1
lSl' AC! l AllQY_~ THIS LIJ' lE FOli 1m:: 9~ UR• s USE!.

1. 11' 1'. l' llOMl\ F. CQRDmGFF. F, ·
ER ao_ V• f· CQ~ ll fl1~ 10{ 0lld273~
EJtEM!" J':PKbhl Pl! Jl' ·
FlfR' OQV' l' (! 0D! il Ji73& B. l ( 9)(: i)( O), • ·. . . ~ . . . 0- VERH~. E~~ CTRlc: t;!X~~MENtOEEP.: .. : ....
i122 Ron~ 1diSfrect 8f. APN 224~ 66-' 003 . · -· .

Sanm· c1imt; California ·.. .

Jio~ vaJl1ilbt6 ~· ousicicratfon; th.c ·rc~ cipt · qf\~ hl.~ h is hcr~ Y, ack.p_o,v!edgcd; m 1\:l: anutiwttti: µrg, l., LC, a . California.- Jiinited Uabilily· immpa. ny, · ( herein• ·'' G. rantor"), her. eby.,_ granls · fo the ' CUY.

OF SANTA CLARA,. Califomi: i, a chartered municipal corporation, ( 11erein " Gm~ 1te·e?')~ an ell$ eni. ent- ai1d righi- oi~ way. ( herein " Etj~ e~nei1t") fo; on, ovei, uloi1g llild. llQl; OSS the. riaf- pro petty . owJ1ed. by Qrunfor h1 toe Cily of. Santi\ Gforlh 1$tuic o( California, described in Exhibit A. aftachc~ 1 hcrcio ~ nd incorporutcd herein liy this ro( c~ cncf: (" Rasem~ nt Arc~''). · 111i.s Ensen) ent sliall b'~ useo. by Grantee ¢ nlY, for 111e-pi111iose of c01. 1structilig_ ~. nd reµonstrµcthig, installing; operating, inspecting, niaWainiiig; repairing, removing · imd/ ot'- replacing· overheadclcctrjcal ~{ lnsmissiori, distribµ. tion ,\ n~ lor pomnmnicationsysti;:ms, anq a)} p_ iirtcnanccsthereto.,. trlduding: a reasonabl_e·right· of·.iIJgres:n111d _egre_ ss· over aµjoining1m1ds. of. O( anlor. ' Iµ e:-\er-: ising ·.. · saiq. t' ig\ rt ofiligres.s iio: d· egi:ess; Gtattte<; :shall, ivlierevetpmctical, us~ e~ lsliug tO\ lds a. ild, laitesacrosslifrii!s ofGiantor~ ifsmihtherebe, mi. d ir11ot;'by shchroute oi: routes.is shiill'iesult hdheleast. prac( icable inf; PiWctJi~ncc f() · or1µ1l. on111danf, oi;~ tipatl~ o. fGrtlfit91:'s pnW!! rlJ, Ih: i oy_ erhea( l systemwill consfatofP.<>! es, wire impports, wiresand. ;;onµµ1:toffi. stisp, mdetl from . C _.pole _to:, pole, trausfo:
rmefS,alld otµer.equipmeritJi'/.ounted·. q11. tlie po_les, nucl). ors, · guy, 'attachn1ents, ' m) d other appurtenances. Notwit11sta11ding: an) r" oti)er- provfoion:(.'
l) be~of, Grant.e.;-mny--_ i\ ot <:{ig ' lil\ y·. trt1nch .0_1· ho.le- in'·the.-· · ... Easem,mt Aren, andGranteemay not co11stn1ct, erect or· install any pole( s), support(sJ, co11· d, 1ct~ r( s); trri11sf911i1ef( s),·. nilciiot(s); etjtlipnfont, t~ oility( ies) o_ r· ot1, eri'ten1(~) ofrinyI. dud_ 91~ or· tinder the surfaceofthc· EasementArea Also 11otwithi;tm1ding any other prov1sion(s) hereof, · any jlitrLoftheovorhcnd.systcn1( s). wbich n1ay be in the airspaceabuve· thc· EasenientArcashall be at·. a minin1um height <lf at least eighteen (.l~) feet. lpeEasementArea may be ll11~
4 by the Gnmtorfqr driveway(s), _!andiicaping (ex~ Judjng lree(l), s1gnage, and parking, a.,;; wlll ll- Ot intcrterewith the Grantee':;; us.: of the Easement. Any other use of the ~asement Area by Grnntor shallbe subject to Grantee's expresswrittenco11sent a11donly afterGrante1:-' s review or phuw and spccilkation~ anddct<! nnh1ationthat such use. will-· not interfere with its LI. Se of thu Easement. Granteemaytrim a11ytrecMor rom<> VO any tree or structurewhich is in or aqjarn. mt to theEu.<;cmcntArca which, in iL<: rca.~ ona1Jlcdctcnnination, SCLA- 56598\2322245.1 11 sr: ; rn.- x~-: 1?. 4-,;( i-()
IJ:'\
DocuSign · Envelope JD: D6DC2E74· 3O20- 4F47- 9DF3· 03BFFCEF90DE interferes with its llSC of the Easement. Grantee may trim. any trees or remove any tree which is in or adjacent to the Ea.,; cmcnt Area which llXcc< Xls a height of 20 feet or poses a risk of' falling onto any of tJ1c Grantee' s facilities or equipment that may be withit' l the Ea~ cmcnt Arca IN Wfl' NESS WHBREOF, s~ itj grtmtors have hereuntp set iheir hands this .. __ ~----·· clay of 20_.

A] PROVED FOR FORM.:°.

Office ofjfte Ci, ty- Attomey.' -· -·
ity_ o.f~ nnfat} an1: __ .: .. _;._.. _
JB MANUF AC. TURING, LLC
Ai.. i, u,;c:, u. ow;•mgs 011· PRorF. RTv· MUST 1~xF.cun: Tllls uoCUMF.N"I'. 1i, t11tANtOJi. 1s /\ cciJtroRA·1~9N. : nm cmlPU;: TE LEG,', L NAME! ANO CORl' OR: ATB SEilL OF nm eo} U' ORATION AND (: ORJ' ORATI> TITLES OF " THE PERSONS· sJoJ\iNo.FoR_ wll.coR1>:9Rii. noN' s~Ai:.1.. ,\)'r'EAii:' ,IB.ovi;.-\ vRi'rhi'Nl!-V.Im>NGi o. A0ni: oru; rY q~ j>EilsoN 0R l'fl\~ o'Ns ECU1' 1NG 1l¾lS _ DOCWilBl; l'f:. Qlj : BJ.ifiALF.. 01,- CO~ 0~' rl0t- lr ~_ AP.-'1)-!E!.i_S,Ull'. ·OR -;~ JNT VEN" f\JRR OR ;\ NY; 0111f, R ORGA."' ltZ. ATlON OTHER. TH/ 4N-,\. SOLE PROPRJF.'fORSHJP SHAEL- BE A' ITACHED.: ·· · · ·· .. . ' · i: r: rACH THE·,\ LLA' ll. i.> O~ E l'{ OT-,\ RY .\ CI< NOWLEDGMENT FOR,'\'! EOR TI· IK· PEiIB. O~ OU' ERSO~ S B. XE(,' UT. ING THIS no_ CIJM~;'.' 1,- ON llKI L\ l_, r 011 TllK. GRANTOR,.

SCLA- 56598\ 2322245. 1 12
C h);-..!;- c
1~, 1~~; 1;- cJO: l
DocuSlgn Envelope ID: D6DC2E74- 3D20- 4F47- 9DF3- O3BFFCEF90DE

CALIFORNIA NOTARY ACKNOWLEDGMENT
A notaiypi. tliffo or o1lmr oflicef complcfing this
certificate t•e'rifieii only the identity oflhe
indivitlt1al. \ Vito i, igneil the document to W. lJich, this certificate is aitachcd, and no[ tlrn 1rt1thfolness,
accu1~cy; or. vaH< l" ity- o~ tl1at document.. . .

Sta· te of Ca( ffornia .

County of _____ _
011· .... ~--'---'---· before · me,·-·--'----~·_.-'-._._·._. ( name an!'. f title. of . officer)., ' perso11ally aPP~:ared ·-·--........ ~--~.who ~ r~ved:· to ~.:b~ ttii{ basjs: o: f s'at1_~i'1191o·r.yeyjii~~~ - to:-:be: fu.~ that she/ shettooy executed the si:uue· lri· hfs/ her/ lheir- author. ized · cap~ pity( les), ancfthat: by t1is/ lier/ their s1gnafure(~) on tlie insttument th,:; person(s).'. O'r tl'! e entity tipor( beh~ lf o. fwliic~ the pE) rson( s) ~ ctE! d,' executed the instrument.

1.cEJrtify un. der PENALTY OF PER-!UR.Y under. the laws of tlie $ tate· p. fCalifoniia, that the fciregoin) J paragr~ ph _ ls true and· correct.

WlTNESS·' rnytiatid and offidaJseat .

Slgniiture. _____ .,...,.....

SCLA- 56598\ 2322245. l 13
DocuSign Envelope ID: D6DC2E74- 3D20- 4F47- 9DF3- 03BFFCEF90DE QES9RIPTION:

EXHIBIT nA"
DVERHEAD ELECTRIC EASEMENT ACROSS:

JB MANUFACTURING, lLG
21? 2 RONALD STREET ... · ...

SANTA CLARA, CALIFORNIA_ 95050
APN: 224- 66- qos
EASEMEN1 AR. EA: 200 SQ. FT.± .

SVP REF: SC~-~
I
I
i ·
t
i
I
That portion off. he. parcel of! an'd conveyect•in thatcertain · Graf. Jt.DeecJ- recdrded May. 23, .. · ... , .. ·:

2.91.2 ·as. Doci:. iinentNo,. 21. 6800~ 2;: 1n· the Offlc· e Gnhe .. R~ cor' d~ r" c) f Santa Clara County : .. -· .; -.: ·: ._-.,-,. ,. . . . . .·· '. .. 1 ... :. ·: ,. :( QRSCChh~· rein ~ f:teu~f~t.fll.a·tc:i f:IS theJ3r; antpr'.!>. P~( 9~1,Jgoa, t~d·1n th~ qty. of$? nt~ Qlfjr,~. ;.: .,: ...... _. ... :: .:•:, :: :, G. ounty· of-. Santa: Cl.ara, S. tate: of Cailforril~. descrit? ed a.idollowS1: .. : . r ,. ·:,-· ' .... ·· :· ·:.::--·<: _.: .: . ·· · ··:-·. ,·: . :· : ;:.:> 1••• • • • ••-, • ,,.._:..,-•••~. ,-::.;.,,.. • ••" •• t •• • • •-• • ~-;-•••••.: ";.;.•-•• ' ••" .=:. •• -• .· •-' ·~•-:-••-••••• ~;.:.•••, • • ••" ••• •• • ••• •-, ' - 1 i ·.

AbMIVJEN¢_iN~ at a ~ O~ l,! mep~ J9ca~~ d·~ t; th~ centl?,ifJneJn.ters_eitioiJ of Fo~ a! d. Str~i:it'!:!rid . · . .-, . ·.· .·, .. \ . .. ·.. . ·:.

Menwrex· Dr. iv(l, thence. South 00°4,2'.&_7" West 409. 99 feet along_ tlw pent~ rline of said . .

1. ohald Street (. as snowrr Of! Page~ 0t' this Exhibit}; . thence N0[ tfdl9° 17' 03" We. st ~ 0: 00 feet·.~•: ·· ' : . to. the westerlyright-, of- way of said B<' maldStr~ et. to the northeast~ rly corner. of said Grantor' s,, · : : :· 1.,:-. :·· •-. ·:

Parcel and. the. POINT OF BEGINNING;. thence South 00" 42' 57" \ i\ lest. 33, 79 feet along. said . westerly right~ of- way; : thence Nciiih 18° 34' 36". West 35. 83- feet to the northeriy line. of said .•. . s·rantor' s ·Pare. el; fhetice. Soutfi ·$ 9a09' 59." Eai;; t 11. 84 feet · akingsa. id northerly line tci the·.

POINT OF EiEGllN~ INt, l,: : · .. :. · . . . . . .·. _
CONtAiNfNG: 2.00 sq. ft.," rnore r:!ess. .. ·

1.. • •• :
l • • • •• • ~ • . .. ·:·: .. -:·· .. -. ...... _ .. _ .. · ...

H HHlt. Al
corntmrt rKt
SALT LAl<E ( lllY, UTAH
SCLA- 56598\ 2322245. l
SGALE: N/ A
JB MANUFACTURlNG, LLC
APN: · . 224- 66- 003
2122 RONALP STREET
SANTA CLARA, CALIFORNIA 95050
14 I :• ••• '-• _;,_ -•; ..; •
BY: AGO GHK: GHH APP: JJC
StLICON
VALLEY ..

POWER.

C. JlYOFWI. TA C!. AIV..

SHEET: 1of2
ciocuSign Envelope ID: D6DC2E74- 3D20- 4F47- 9DF3- 03BFFCEF90DE.

SVP REF: SG
OVERHEAD E~ ECTRIG EASEMENT ACROS$:

JB MANUFACTURING, LLC IVllSIVIOIREXDRlVt.
2122 RONALD STREET --€ itl · . · .

SANTA CLARA, CALIFO. RNIA 95050 T~ Cl M~
APN;,. 224- 6&.- 0. 03 lz M\'; MDRl= X DRIVE
o RONALO STREET
EASEMENT AREA: 200 SQ. .. FT.± ~ . . g
SCAl, E
LEG~ Ni>: ·. ' . . . B ·. '
tz))? // @~ s~ ME~_ TARE_;·= 200S~. FT.~ ... ,~. <,.~. :~-...... _., R.'iJAOWAYF;i:ATTEDCENTERLINE.: . ·' • Iii ~-
1_-. --.-. - PQ~ RtlNE; REF. EREN!) HINE· .. , ·:
1 c· :
qi, FOUNDSUR\ IEVM0NUMENT l,i :-"' ~-
f.'• ... · .

R • ·-..

N· 1li 0341Se•w-.. · .. :
5_.8~'· . . ..
a •11\11.A.Nll.lliFAc-ruii:inN'G, :L.11..c .

A_PNh 2~_ 4;. 99" 0_ 03 . :
nus DMWINO stto·ULD BE.USED ONLY ASA REPR~ SEtITAiiaN FnlELOOATION FIBEEASEMENfB~ G CONVEYED. , HE EXACTLOCATION Ill' Al. 1.SJRUCTURES, LINES ANDAPPURTEIIANCES ISSUOJEOTTO OHIINGEW( rHINTl1E BOUNDARIES OF1~~ RIGIITOfWAYHEl\ EIN O! WflEO IrHUICAl
commm m
SAL' f Ul< E CITY, UTAH

JB MANUFACTURING, LLC
APN: 224- 66- 003
2122 RONALD STREET . ·
SANTA CLARA, CALIFORNIA 95050 ..

S1L1CON
VALLEY
POWER.

ClT' l' OFSAHTAtU. M
SHl: l:T: 2' of;;!.

SCLA- 56598\ 2322245. l 15
I
I • . ! ,: ··-·:·.'
I
i
DocuSign Envelope ID: D6DC2E74- 3D20- 4F47- 9DF3- 03BFFCEF90DE Qii; BTIFICATI; Pf ACCEPJMIQE
This is to certify. that the interest in real property conveyed. by Overhead Electric Utility Deed dated the of __ -____ 20_. _, from JS Manufacturing, LLC, a c· aliforl' iia limited ll< 1billtycompahy.{ Gr,\ ntor) to the City of Santa Clara, · California, a c\ i, utered Qalifornia municiP. al corpp_ ratiim-{ Q~ y), i!> hereby J, IC_ ceptecfpyihe, unc/ ersigned offi00. r on- b· eJ\ alf of the City Council of the City_ pursuant to authority conferred by' Resolufion No. 5600. off he- City Council of the-. bi_ ty of Santa-- Glata adopted on the 2~ day of May; ' 1991 , and the J~es.olutlo_ n Approving P} lr~ liase of b11ethei; id : Eiecttlc" Ea~ ement;. Resolution·. Nq:._· ----,. a. d~ ptea on .. 20...:_. Th~ City; ·~ s- Gr~ nte. e-,. con~ ents to re:cordati() n-by Ji,;: ·· .. . -· . . .. . , . . . . . ~ di: dy:~ tithorizeifolfrc. e.r', tne- CiWCleitkof' tha Ciliof' S~ nta crara. -. · ·· · -· -·· · Re:· · APN ~ 24"- 6S-- 003
APPROVED AS TO FORM:

Office· ofthe. Clty Attorney
City. of Santa <;: Iara ·
SCLA- 56598\ 2322245. 1
Offieeof the Qlty f,{ l~ nager.

City of $, mta · Gl~ ra
ATTEST:_·-· ______ _
16 Qffi9e qf. the . C).ly . Clerk
City ofSanta Clara
I.

This document was electronically submitted
to Santa Clara County for recording**
Recording Requested by: 25432693
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Regina Alcomendras
Santa Clara County - Clerk- Recorder
02/ 03/ 2023 11 : OO AM
Titles: 1 Pages: 6
Fees: $ 0. 00
Tax: $ 0. 00
Total: $ 0. 00
SPACE ABOVE TIDS LINE FOR RECORDER' S USE]
EXEMPT FROM lU! CORDING FBE
PER GOV' T CODE§§ 6103 and 27383

EXEMPT FROM FEE
PER GOV' T CODE§ 27388, l ( a)( 2)( D)

OVERHEAD ELECTRIC EASEMENT DEED
2122 Ronald Street & APN 224~ 66- 003
Santa Clara, California
For valuable consideration, the receipt of which- is hereby acknowledged, JB Manufacturing, LLC, a California limited liability company, ( herein " Grantor"), hereby grants to the CITY OF SANTA CLARA, California, a chartered municipal corporation, ( herein " Grantee"), an easement and right~ of- way ( herein " Easement,,) in, on, over, along and across the real property owned by Granter in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by this reference (" Easement Area").

This Easement shall be used by Grantee only for the purpose of constructing and reconstructing, installing, operating, inspecting, maintahring, repairing, removing and/ or replacing overhead electrical transmission, distribution and/ or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of Grantor. In exercising said right of ingress and egress, Grantee shall, wherever practical, use existing roads and lanes across lands of Grantor, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Granter and any occupants of Grantor' s property.

The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.

Notwithstanding any other provision( s) hereof, Grantee may not dig any trench or hole in the Easement Area, and Grantee may not construct/, erect or install any pole( s), support( s), conductor( s), transformer( s), anchor( s), equipment, facility( ies) or other item( s) of any kind on or under the surface of the Easement Area. Also notwithstanding any other provision( s) hereof, any part of the overhead system( s) which may be in the airspace above the Easement Area shall be at a minimum height of at least eighteen ( 18) feet.

The Easement Area may be used by the Grantor for driveway( s), landscaping ( excluding trees), signage, and parking, as will not interfere with the Grantee' s use of the Easement. Any other use of the Easement Area by Grantor shall be subject to Grantee' s express written consent and only after Grantee' s review of plans and specifications and determination that such use will not interfere with its use of the Easement. Grantee may trim any trees or remove any tree or structure which is in or adjacent to the Easement Area which, in its reasonable determination,

Page 1 of 2 ends

interferes with its use of the Easement. Grantee may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto any of the Grantee' s facilities or equipment that may be within the Easement Area. lN WITNESS WHEREOF, said grantors have hereunto set their hands this 08- day of D eC€ rr> bet , 20 ' 2,,~
Office of the City Attorney
City of Santa Clara
By: J MANUFACTURING, LLC,
a li ornia limited liability c y
OWNER" APN 224- 66- 003 ( 2022- 12)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE TIDS DOCUMENT. IF GRANTOR IS A CORPORATION, THE

COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CORPORATION AND CORPORATE TITLES OF THE PERSONS SIGNING FOR THE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS

EXECUTING THIS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY OTHER ORGANIZATION OTHER THAN A SOLE PROPRIETORSHIP SHALL BE ATTACHED.

ATTACH THE ALL- PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING THIS DOCUMENT ON BEHALF OF THE GRANTOR.

Page 2 of 2 ends

224- 66- 003

CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of California
County of Sa.f\'CtL C.la. r~
D
os,-zo1..1--..,,. "- h'- Jol' ldar; r; tfot- ta. 1', Noto.") pi~ i; c..

On t! t: et-\. krt before me, P' tt' e{ lct~ ( name and title of officer), personally appeared : Ba:< b O.'{ c... fl a..fo.: w-;;- proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that she/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
o/
Signature-~-~-----( Seal)
DESCRIPTION:

EXHIBIT " An
OVERHEAD ELECTRIC EASEMENT ACROSS:

JB MANUFACTURING, LLC
2122 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 66- 003
EASEMENT AREA: 200 SQ. FT. ±
SVP REF: SC _-_
That portion of the parcel of land conveyed in that certain Grant Deed recorded May 23, 2012 as Document No. 21680622, in the Office of the Recorder of Santa Clara County ORSCC), herein after referred to as the Grantor' s Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

COMMENCING at a monument located - at the centerline intersection of Ronald Street and Memorex Drive, thence South 00° 42' 5JU West 409. 99 feet along the centerllne of said Ronald Street ( as shown on Page 2 of this Exhibit); thence North 89° 17' 03 11 West 30. 00 feet
to the westerly right- of- way of said Ronald Street to the northeasterly corner of said Grantor' s Parcel and the POINT OF BEGINNING; thence South 00° 42' 57" West 33. 79 feet along said westerly right- of- way; thence North 18° 34' 3611West 35. 83 feet to the northerly line of said Grantor' s Parcel; thence South 89° 09' 59
11 East 11. 84 feet along said northerly line to the
POINT OF BEGINNING.

CONTAINING: 200 sq. ft., more or less.

REV: 0 DATE: 3- 29- 22
w/111 D/ IU, cl. b?'
Hf ClilCAl
OUUlTANH INt
SCALE: N/ A

JB MANUFACTURING, LLC
APN: 224- 66- 003
2122 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
BY: AGD CHK: GHH APP: JJC

SILICON
VALLEY
POWER.

CITY OF SANTA Cl. ARA
SHEET: 1 of2

SCALE FEET
0 20' 40'
LEGEND
EXHIBIT " A"
SVP REF: SC
OVERHEAD ELECTRIC EASEMENT ACROSS:

JB MANUFACTURING, LLC
2122 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 66- 003
EASEMENT AREA: 200 SQ, FT. ±

MEMOREX DRIVE
CL MON .
12 MEMoRExoRtvE
o RONALD STREET
9 z
0 6
t27IC //// 1 EASEMENT AREA ::: 200 SQ. FT.± to ..,
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ROADWAY PLATTED CENTERLINE

POWERLINE REFERENCE LINE

FOUND SURVEY MONUMENT
S 89° 09' 5911E

11. 84'
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I N 89° 17' 03" w
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35. 83' 33. 79'

JB MANUFACTURING, LLC
APN: 224•&&• 003
CL MON

RONALD STREET
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,

LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED REV: 0 DATE: 3- 29- 22
with 0/ lthctbn'
H~ ClilCAl
tOUUl TANH INt

SALT LAKE CITY, UTAH
SCALE: 111 40'

JB MANUFACTURING, LLC
APN: 224- 66- 003
2122 RONALD STREET
SANTA CLARA, CALIFORNIA 95050

SILICON
VALLEY
POWER.

CITY OF SANTA Ct. ARA
SHEET: 2of2
Cityof
Santa Clara
The Center of What' s Possible
Office of the City Clerk

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the g# t of .. D-eceMber 20 2,,2., from JB Manufacturing, LLC, a California limited liability company ( Grantor) to the City of Santa Clara, California, a chartered California municipal corporation ( City), is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant to authority conferred by Resolution No. 5600 of the City Council of the City of Santa Clara adopted on the 28 day of May, 1991, and the Resolution Approving Purchase of Overhead Electric Easement, Resolution No. 2 2.. .... "It 40 adopted on ~ e~ ber' l3, 2022 The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224- 66- 003
A~~
Office of the City Attorney
City of Santa Clara
Dated: This / q~ day of J11.nWtrj 20 23 ' -
f Santa C
ATTEST:

OfficeoftheCtty
City of Santa Clara
1500 Warburton Avenue• Santa Clara, CA 95050 • Phone: ( 408) 615- 2220 • Fax: ( 408) 241- 6771 • www. santaclaraca. gov DocuSign Envelope ID: F44E8C1C- 9O7B- 493C- B723- BC42E0130571

AGREEMENT FOR PURCHASE AND SALE

UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE (" Agreement") is made and entered into as of Sftc>111be,- 7:2.? 20zz_( the " Effective Date") by and between CITY OF SANTA CLARA (" Grntee" or " City") and 2265 Lafayette Street LLC, a California limited liability company (" Granter) with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.

WHEREAS, Grantee wishes to acquire from Granter, and Granter wishes to sell to Grantee certain property rights, as more particularly described in Exhibit A ( the " Easement") for the Project upon the terms and conditions set forth herein.

WHEREAS, Granter and Grantee recognize that the sale of the Easement is subject to approval of the Santa Clara City Council and that this Agreement shall have no force or effect unless and until said City Council approval has been obtained, which approval shall be obtained before execution of the Agreement by Grantee.

NOW THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties hereto agree as follows:

ARTICLE 1

PURCHASE

1. 1. The Easement. Granter is the fee owner of certain real property commonly known as 2265 Lafayette Street, APN: 224- 03- 080 located in the City of Santa Clara, California over which the Easement will cross.

1. 2. Sale and Conveyance. Granter shall sell to Grantee and Grantee shall purchase from Granter, all of the terms and conditions set forth in Articles 2 and 3 hereof, the Easement.

ARTICLE 2

PURCHASE PRICE

2. 1. Purchase Price. The purchase price (" Purchase Price") for the Easement shall be Forty Four Thousand and no/ 100 Doll. ars ($ 44, 000. 00).

SCLA- 56598\ 2322245. l
DocuSign Envelope ID: F44E8C1C- 9D7B- 493C- 8723- BC42E0130571

2. 2. Payment of Purchase Price. The purchase price shall be payable all in cash upon close of Escrow ( as defined below) in accordance with Section 4. 2.

ARTICLE 3

CONDITIONS TO PURCHASE AND SALE

3. 1. 1 Title. Grantee accepts and acknowledges a deed conveying title from SEW, LLC, a California limited liability company, to 2265 Lafayette Street, LLC, a California limited liability company, recorded on July 13· 2022 as lnstrumerit No. 25334842 in the Office of the Recorder of Santa Clara County.

3. 1. 4 Title Insurance. The Title Company shall be prepared to issue an ALTA Standard Owner Policy of Title Insurance in the amount of the purchase price insuring title to the Easement vested in Grantee subject only to the Approved Exceptions ( the " Title Policy").

3. 1. 6 No Breach. There shall be no material breach of any of Grantor' s representations, warranties, or covenants set forth in Article 5.

3. 1. 7 Documentary Deposit. Grantor and Grantee shall have each deposited into Escrow all materials required to be deposited under Article 4.

3. 2. Grantee' s Remedies.

3. 2. 1 Conditions Precedent. If any of the foregoing Conditions Precedent which inure to the benefit of Grantee are not satisfied, Grantee shall have the right either to waive the condition in question and proceed with the purchase of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any money deposited into Escrow by Grantee shall be returned to Grantee, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

3. 2. 2 Default. If Grantor fails to perform any of its obligations or is otherwise in default under this Agreement, Grantee shall have the right to give notice to Grantor specifically setting forth the nature of said failure and stating that Grantor shall have a period of ten ( 10) SCLA- 56598\ 2322245. l 2
DocuSign Envelope ID: F44E8C1C- 9D7B- 493C- B723- BC42E0130571 calendar days to cure such failure. If Grantor has not cured such failure within such period ( or, if such failure is not capable of being cured within ten ( 10) calendar days, Grantor either has not commenced in good faith the curing of such failure within such period or does not diligently thereafter complete such cure prior to the Closing Date, as may be extended under the terms of this Agreement), Grantee' s sole and exclusive remedy shall be one of the following:
a) Waiver. Waive such failure and proceed to the Closing pursuant to all of the other terms of this Agreement; or
b) Terminate. Grantee may terminate this Agreement by notice to Grantor and Escrow Agent to that effect. Nothing herein shall be deemed a waiver by Grantor of its right or ability to exercise its power of eminent domain to acquire the Easement after a termination of this Agreement.

3. 3. Grantor' s Remedies. If any of the foregoing Conditions Precedent which inure to the benefit of Grantor are not satisfied, Grantor shall have the right to either waive the condition in question and proceed with the sale of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any amounts deposited into Escrow shall be returned to Grantee, and thereafter neither party shall have any furtherrights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.

ARTICLE4

CLOSING AND ESCROW

4. 1. Deposits into Escrow. Grantee has established an escrow ( the " Escrow") with First American Title, 1737 North First Street, Suite 110, San Jose, CA 95112. Attn.: Luisa Sosa, telephone: ( 408) 487- 5055 ( the " Escrow Agent"). A copy of this Agreement, duly executed by both parties, shall be deposited therein within five ( 5) business days after the Effective Date.

Subject to Section 4. 2. 2 below, this Agreement shall serve as escrow instructions to Escrow Agent, as escrow holder, for consummation of the purchase and sale contemplated hereby.

Prior to or on the Closing Date, the Parties shall deposit the following into the Escrow:

4. 1. 1 Grantor. Grantor shall deposit the following into Escrow:
a)
suitable for recordation;
The Overhead Electric Easement Deed, fully executed and b) If required by the Escrow Agent, a FIRPTA Affidavit stating Grantor' s U. S. taxpayer identification number and that the Grantor is a " United States person" as defined by Internal Revenue Code sections 1445( f)( 3) and 7701 ( b); and c) Such other documents and instruments as may be required by other provisions of this Agreement or may be reasonably required by Escrow Agent or otherwise to carry out the terms and intent of this Agreement.

4. 1. 2 Grantee. Grantee shall deposit the following into Escrow:
a) Cash or immediately available funds in the amount of the Purchase Price together with such additional cash in the amount necessary to pay Grantee' s share of closing costs and prorations, as hereinafter set forth; SCLA- 56598\ 2322245. 1 3
DocuSign Envelope ID: F44E8C1 C- 9D7B- 493C- B723- BC42E0130571 b) An executed Certificate of Acceptance; and
c) Such other documents and instruments as may be required by any other provision of this Agreement or as may reasonably be required by Escrow Agent or otherwise to carry out the term and intent of this Agreement.

4. 2. Close of Escrow.

4. 2. 1 Closing Date. Escrow shall close on or before the thirtieth ( 30 th ) day following execution of this Agreement by Grantee or upon such other date as is mutually agreed upon by Grantee and Grantor ( the " Closing Date").

4. 2. 2 Closing of Escrow. When the Conditions Precedent listed in Section 3. 1 have been satisfied or waived by Grantee and Grantor and Escrow Agent has received all necessary cash and documents and is in a position to issue the Title Policy, as provided in Section 3. 1 . 4, Escrow Agent shall immediately close Escrow as provided below ( the " Closing").

The parties to this Agreement shall cooperate with each other and the Escrow Agent in preparing and executing such further documents ( including further escrow instructions) as may be reasonably necessary to close Escrow as contemplated by this Agreement; provided however, that _ in the event of any conflict between the provisions of this Agreement and any such further documents or escrow instructions, the terms of this Agreement shall control.

4. 2. 3 Procedure. Escrow Agent shall close Escrow as follows:

4. 2. 3. 1 Record Deed. Date and record the Overhead Electric Easement Deed in the Official Records of Santa Clara County.

4. 2. 3. 2 Deliver Copies of Deed. Deliver one ( 1) certified copy of the recorded Deed to Grantee.

4. 2. 3. 4 Deliver Title Policy. Deliver the Title Policy to Grantee.

4. 2. 3. 5 Closing Statement. Prepare and deliver to Grantee and Grantor one signed copy of the Escrow Agent' s closing statement showing all receipts and disbursements of the Escrow.

4. 2. 4 Closing Costs and Prorations.

SCLA- 56598\ 2322245. 1 4
DocuSign Envelope ID: F44E8C1C- 9D7B- 493C- B723- BC42E0130571 ARTICLE 5

REPRESENTATIONS AND WARRANTIES

5. 1. Grantor' s Representations and Warranties. Granter represents and warrants to Grantee that the following matters are true and correct in all material respects as of the execution of this Agreement and will also be true and correct in all material respects as of the Closing:

5. 1. 1 Organization Authority. 2265 Lafayette Street LLC, is a California limited liability company, duly organized, validly existing and in good standing under the laws of the State of California and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter to be executed and delivered by it pursuant to this Agreement and to perform all obligations arising under this Agreement and such performance does not conflict with any obligations of the Granter. The individuals executing this Agreement and the instruments referred to herein on behalf of Granter, have the legal power, rights and actual authority to bind Granter to the terms and conditions hereof and thereof;

5. 1. 2 No Violation of Agreement; Litigation. Neither the execution, delivery or performance of this Agreement by Granter will result in the breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any indenture, deed to secure debt, mortgage, deed of trust, note, evidence of indebtedness or any other agreement or instrument by which Granter or the Easement is bound. Granter has no knowledge of any pending or threatened litigation, actions, applications, orders, protests, proceedings, or complaints against or affecting title to the Easement or Grantor' s interest therein;

5. 1. 3 Compliance with Laws. Granter has received no written notice alleging violations of any federal, state or municipal laws or ordinances with regard to any portion of the Easement;

5. 1. 4 Existing Lease. There are no contracts or agreements with respect to the occupancy of the Easement which will be binding upon Grantee after Closing; and

5. 1. 5 Granter Not a Foreign Person. Granter is not a foreig' n person within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended.

ARTICLE 6

GENERAL PROVISIONS

6. 1. Approval of City Council. Granter and Grantee recognize that as of the execution of this Agreement by Granter, this Agreement is subject to approval of the City Council of the City of Santa Clara and that this Agreement shall have no force or effect unless and until said City Council' s approval has been obtained, but such approval shall be obtained before execution of this Agreement by Grantee.

6. 2. Binding on Successors. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.

6. 3. Entire Agreement. This Agreement including all exhibits hereto contains all of the covenants, conditions, and agreements between the parties and shall supersede all prior correspondence, agreements, and understandings both verbal and written. No addition or SCLA- 56598\ 2322245. l 5
DocuSign Envelope ID: F44E8C1C- 9D7B- 493C- B723- BC42E0130571 modification of any term or provision shall be effective unless set forth in writing and signed by both Granter and Grantee.

6. 4. Brokers' Fees. Granter and Grantee each represent and warrant to the other that, there are no brokers' fees or finders' fees arising out of this transaction and each shall indemnify, defend, and hold the other harmless from any claim, loss, cost, damage or expense including, without limitation, attorneys' and experts' fees and costs and court costs arising out of or incurred in connection with any claim by any other broker, finder or other person or entity for any brokerage commission, finder' s fee or other amount in connection with any acts or dealings with such indemnifying party with any such broker, finder or other person or entity.

6. 5. Attorney' s Fees. In the event either party to this Agreement institutes an action to interpret or enforce the terms hereof, or to obtain money damages, the prevailing party, as determined by the court ( whether at trial or upon appeal) shall be entitled to recover from the other, in addition to costs and judgment as awarded by the court, its attorney' s fees incurred therein. The prevailing party shall include, without limitation, a party who dismisses an action or proceeding for recovery hereunder in exchange for consideration substantially equal to the relief sought in the action or proceeding. In no event shall an attorney' s fee award exceed $ 5, 000, whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions.

6. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

6. 7. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement.

6. 8. Time. Time is of essence of every provision herein contained in this Agreement.

6. 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all counterparts shall constitute one agreement.

6. 10. Survival. The terms, covenants and conditions of Articles 5, 6, and 7 shall remain true and correct as of the Closing Date, shall be deemed to be material and shall survive the execution and delivery of this Agreement, the delivery of the Grant Deed, and transfer of title.

6. 11. Notices. All notices, requests or other communications required or permitted to be given in connection with this Agreement shall be in writing and shall be personally delivered with prompt confirmation by registered or certified mail, postage prepaid), or by commercial courier service, or by registered or certified mail, postage pre- paid, addressed to the party whom it is directed at the following addresses, or at such other addresses as may be designated by notice from such party in the manner provided herein:

To Grantor:

SCLA- 56598\ 2322245. l
2265 Lafayette Street, LLC.

Attention: Daniel Dryden
851 Martin Ave.

Santa Clara, CA 95050
Telephone: 408- 727- 5700
6 DocuSign Envelope ID: F44E8C1 C- 9D78- 493C- 8723- BC42E0130571 To Grantee:

With a copy to:

City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Manager
Telephone: 408- 615- 221 O
City of Santa Clara City Attorney' s Office
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Attorney
Telephone: ( 408) 615- 2230
Notices which are delivered by hand shall be deemed received upon delivery; notices which are deposited in the United States Mail in accordance with the terms of this Section shall be deemed received three ( 3) days after the date of mailing and notices delivered by commercial courier service shall be deemed received the date of actual delivery. The foregoing addresses may be changed by notice to the other party as herein provided.

GRANTOR GRANTEE
2265 Lafayette Street, LLC, City of Santa Clara,
a California limited liability company a municipal corporation By: .......... 'l-,.<- iff+,¥ 4-,-',- o-+.,,'----+-" s--=-=-+-!-"=-~--------/ /~-- Phillip Albanese
Managing Member
7/ 20/ 2022
Date: ____________ _
SCLA- 56598\ 2322245. l 7
Title: -+-,~~...>...:.,-"'---"'---'--"--'--- 4~~'-- t"----' 1 _
l1a// \ c:5l -c//
Date: o,) 3 ,.> 1}?> 2--

APPROVED AS TO FORM
Office of the City Attorney
City of Santa Clara
DocuSign Envelope ID: F44E8C1 C- 9O7B- 493C- B723- BC42E0130571 DESCRIPTION:

EXHIBIT A
EXHIBIT " A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLC
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 03- 080
EASEMENT AREA: 1, 200 SQ. FT.±
SVP REF: SC -
A portion of Parcel B, as shown upon that certain Parcel Map For Lot Line Adjustment Purposes filed for record on October 1, 1985 in Book 550 of Maps, at Page 6, Santa Clara County Records, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

COMMENCING at a monument located in the centerline of Lafayette Street near the intersection with Shulman Avenue ( as shown on Page 2 of this Exhibit); thence South 15° 53' 48 East 341. 31 feet along said centerline to the monument located at the centerline intersection of said Lafayette Street and Memorex Drive; thence North 74° 06' 12" East 42. 00 feet to the easterly right- of- way of said Lafayette Street and the POINT OF BEGINNING; thence North 15° 53' 48 West 104. 65 feet along said easterly right- of- way to the beginning of a curve concave easterly having a radius of 20 feet; thence northerly 13. 52 feet along said curved right- of- way through a central angle of 38° 44' 45" to the southerly line of an existing overhead electric easement; thence South 75° 28' 59" East 11. 30 feet along said southerly line; thence North 82° 14' 48" East 6. 71 feet continuing along said southerly line; thence South 5° 14' 36" East 112. 43 feet to the POINT OF BEGINNING.

CONTAINING: 1, 200 sq. ft., more or less.

CON! Ul! Am m

SALT LAKE CITY, UTAH
SCLA- 56598\ 2322245. l
2265 LAFAYETTE STREET LLC
APN: 224- 03- 080
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
8 BY: AGD CHI<: GHH APP: JJC

SILICON
VALLEY
POWER.

CITY OF SA. HTA ClAnA
SHEET: 1 of2
DocuSign Envelope ID: F44E8C1 C- 9D7B- 493C- B723- BC42E0130571

SHULMAN AVENUE
CLMON

LAFAYETTE STREET

NOT AT INTERSECTION)
EXHIBIT " A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLC
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 03- 080
EASEMENT AREA: 1, 200 SQ. FT. ±
SVP REF: SC_-_ l
rCAlE FEET
a 30• sh·
LEGEND
N 15° 53' 48" W ---,---->«
104. 65'
r,7 ///,?////) EASEMENT AREA = 1, 200 SQ, FT.±

ROADWAY PLATTED CENTERLINE
p --- POWERLINE REFERENCE LINE

FOUND SURVEY MONUMENT
S 05° 14' 36" E
112. 43'
tAA~ KEVl · sTREEf
N 74° 06' 12" E \

42. 00' ( TIE) n..
2265 LAFAYETTE

STREET LLC
APN: 224-~ 3- 0BO
MEMOREX DRIVE \..--
CL M;;- N~\---

LAFAYETTE STREET

MEMOREX DRIVE
n..

THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYEC!. THE EXACTLOCATION OF ALLSTRUC11JRES,

LINES ANO APPURTENANCES IS SUBJECT TO' CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED RE\/: 0 DATE: 7- 19- 22 SCALE: 1" = 60' BY: AGD CHK: GHH APP: JJC 1TfCl~ 1CAl 2265 LAFAYETTE sTREET LLc s~~A1cloLENv
APN: 224- 03- 080 v,
mmm INC 2265 LAFAYETTE STREET POWER.

CITY OF SANTA Cl. AAA
SANTA CLARA, CALIFORNIA 95050
SHEET: 2of2
SCLA- 56598\ 2322245. l 9
DocuSign Envelope ID: F44E8C1C- 9D7B- 493C- B723- BC42E0130571 Recording Requested by:

Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050

EXHIBIT B

SPACE ABOVE THIS LINE FOR RECORDER' S USE)
E\.' EMPT FROM RECORDill G FEE
PER GOV' T CODE§§ 6103 and27383
EXEMPf FROM FEE
PER GQV' T CODE§ 27388. 1 ( a)( l)( D)

OVERHEAD ELECTRIC EASEMENT DEED
2265 Lafayette Street & APN 224- 03- 080
Santa Clara, California
For valuable consideration, the receipt of which is hereby acknowledged, 2265 Lafayette Street LLC, a California limited liability company ( herein " Grantor"), hereby grants to the CITY OF SANT A CLARA, California, a chartered municipal corporation, ( herein " Grantee"), an easement and right- of- way ( herein " Easement") in, on, over, along and across the real prope1ty owned by Grant or in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by this reference (" Easement Area").

TI1is Easement shall be used by Grantee for the purpose of constmcting and reconstmcting, installing, operating, inspecting, maintaining, repairing, removing and/ or replacing overhead electrical transmission, distribution and/ or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of Grantor. In exercising said right of ingress and egress, Grantee shall, wherever practical, use existing roads and lanes across lands of Grantor, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Grantor and any occupants of Grantor' s prope1ty.

TI1e overhead system will consist of poles, wire suppo1ts, wires and conductors suspended from pole to pole, transfonners and other equipment mounted on the poles, anchors, guy attachments, and other appmtenances.

Po1tions of the Easement Area may be used by the Grantor for driveway( s), landscaping excluding trees), and parking, as will not interfere with the Grantee' s use. of the Easement. Any other use of the Easement Area by Grantor shall be subject to Grantee' s express written consent and only after Grantee' s review of plans and specifications and detenuination that such use will not interfere with its use of the Easement. Grantee may trim any trees or remove any tree or structure which is in or adjacent to the Easement Area which, in its reasonable detennination, interferes with its use of the Easement. Grantee may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 Feet or poses a risk of falling onto the Grantee' s facilities or equipment located within the Easement.

SIGNATURE( S) APPEAR ON THE FOLLOWING PAGE]

Page 1 of 2 ends

SCLA- 56598\ 2322245. l 10
SC
224- 03- 080
DocuSign Envelope ID: F44E8C1 C- 9O7B- 493C- B723- BC42E0130571 IN WITNESS WHEREOF, said grantors have hereunto set their hands this ___ day of 20 __ .

APPROVED FOR FORM:

Office of the City Attorney
City of Santa Clara
By: _____________ _
Print Name: ______________ _
Title: _______________ _
By: ____________ _
Print Name: _____________ _
Title: ______________ _
OWNER" APN APN 224- 03- 080 ( 2022- 07)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE THIS DOCUMENT. IF GRANTOR IS A CORPORATION, 1HE COMPLETE LEGAL NAME AND CORPORATE SEAL OF 1HE CORPORATION AND CORPORATE TITLES OF 1HE PERSONS SIGNING FOR 1HE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AU1HORl1Y OF PERSON OR PERSONS EXECUTING 1HIS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY 01HER ORGANIZATION 01HER 1HAN A SOLE PROPRIETORSHIP SHALL BE ATTACHED.

ATTACH THE ALL- PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING THIS

DOCUMENT ON BEHALF OF THE GRANTOR

Page 2 of 2 ends

SCLA- 56598\ 2322245. l 11
SC
224- 03- 080
DocuSign Envelope ID: F44E8C1 C- 9D7B- 493C- B723- BC42E0130571

CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
ce1iificate verifies only the identity of the
individual who signed the document to which this
ce1iificate is attached, and not the truthfolness,
accuracy, or validity of that document.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______ _ ( Seal)
SCLA- 56598\ 2322245. l 12
DocuSign Envelope ID: F44E8C1 C- 9O7B- 493C- B723- BC42E0130571 DESCRIPTION:

EXHIBIT " A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLC
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 03- 080
EASEMENT AREA: 1, 200 SQ. FT.±
SVP REF: SC
A portion of Parcel B, as shown upon that certain Parcel Map For Lot Line Adjustment Purposes filed for record on October 1, 1985 in Book 550 of Maps, at Page 6, Santa Clara County Records, located in the City of Santa Clara, County of Santa Clara, Stat€) of California, described as follows:

COMMENCING at a monument located in the centerline of Lafayette Street near the intersection with Shulman Avenue ( as shown on Page 2 of this Exhibit); thence South 15° 53' 48 East 341. 31 feet along said centerline to the monument located at the centerline intersection of said Lafayette Street and Memorex Drive; thence North 74° 06' 12" East 42. 00 feet to the easterly right- of- way of said Lafayette Street and the POINT OF BEGINNING; thence North 15° 53' 48 West 104. 65 feet along said easterly right- of- way to the beginning of a curve concave easterly having a radius of 20 feet; thence northerly 13. 52 feet along said curved right- of- way through a central angle of 38° 44' 45" to the southerly line of an exi~ ting overhead electric easement; thence South 75° 28' 59" East 11. 30 feet along said southerly line; thence North 82° 14' 48" East 6. 71 feet continuing along said southerly line; thence South 5° 14' 36" East 112. 43 feet to the POINT OF BEGINNING.

CONTAINING: 1, 200 sq. ft., more or less.
commm INt

SALT LAKE CITY, UTAH
SCLA- 56598\ 2322245. l
2265 LAFAYETTE STREET LLC
APN: 224- 03- 080
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
13 BY: AGD CHK: GHH APP: JJC

SILICON
VALLEY
POWER.

CllY OF SMITA CLAM
SHEET: 1 of2
DocuSign Envelope ID: F44E8C1C- 9O7B- 493C- B723- BC42E0130571 7SVP REF: SC -
J \

SHULMAN AVENUE
EXHIBIT " A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLC
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 03- 080
EASEMENT AREA: 1, 200 SQ. FT. ± SCALE
LEGEND
FEEIT
30' 60'

CL- MONJ

LAFAYETTE STREET

NOT AT INTERSECTION)
7Z2l EASEMENT AREA = 1,200 SQ. FT,±

ROADWAY PLATTED CENTERLINE
1--- p --- POWERLINE REFERENCE LINE
N 15° 53' 48" W -----«
104. 65' \
N 74° 06' 12" E \

42. 00' ( TIE) a..

MEMOREX DRIVE \ _. --
CLM;;-N~\~ -

LAFAYETTE STREET

MEMOREX DRIVE
a..

I
S 05° 14' 36" E
112. 43'

FOUND SURVEY MONUMENT
2265 LAFAYETTE

STREET LLC
APN: 224•~ 3- 0BO
TiilS DRAWING SHOULD BE USED ONLY AS A REPRESENTA11ON OF lHE LOCATION OFTiiE EASEMENT BEING CONVEYEQ. TiiEEXACT LOCATION OF ALL STRUCTURES, LINES AND APPURTENANCES IS SUBJECT TO' CHANGE WTTlilN TiiE BOUNDARIES OF lliE RIGHT OF WAY HEREIN GRANTED REV: 0 DATE: 7- 19- 22 SCALE: 1" = 60' BY: AGD CHI<: GHH APP: JJC H .H fl It Al 2265 LAFAYETTE STREET LLC ,'. Sv,ILAICLOLENY APN: 224- 03- 080
comtrmt INC 2265 LAFAYETTE STREET POWER.

OTV OF SANTA Cl. ARA

SALT LAKE CITY, UTAH
SANTA CLARA, CALIFORNIA 95050
SHEET: 2of2
SCLA- 56598\ 2322245. I 14
DocuSign Envelope ID: F44E8C1 C- 9D7B- 493C- B723- BC42E0130571

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the of _______ 20_, from 2265 Lafayette Street LLC, a California limited liability company ( Granter) to the City of Santa Clara, California, a chartered California municipal corporation ( City), is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant to authority conferred by Resolution No. 5600 of the City Council of the City of Santa Clara adopted on the 28 day of May, 1991, and the Resolution Approving Purchase of Overhead Electric Easement, Resolution No. ___ _ adopted on _________ , 20_. The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224- 03- 080
APPROVED AS TO FORM:

Office of the City Attorney
City of Santa Clara
SCLA- 56598\ 2322245. 1
Dated: This __ day of ____ , 20_
Office of the City Manager
City of Santa Clara
ATTEST: ________ _
Office of the City Clerk
City of Santa Clara
15 Recording Requested by:

Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
25419663
Regina Alcomendras
Santa Clara County,,. Clerk- Recorder
12/ 23/ 2022 12; 55 PM
Tltles1 1
Fees: 10.00
Taxes: • 0. 00
Tot. al:· 0, 00
Pages: 6

SPACE ABOVE THIS LINE FOR RECORDER' S USE)

EXEMPT FROM RECORDING FEB
PER GOV' T CODE§§ 6103 and 27383

EXEMPT FROM FEE
PER GOV' T CODE§ 27388. 1 ( a)( 2)( D)

OVERHEAD ELECTRIC EASEMENT DEED
2265 Lafayette Street·& APN 224- 03- 080
Santa Clara, California
For valuable consideration, the. receipt of which is hereby acknowledged, 2265 Lafayette Street LLC, a Californi; i limited liability company { herein " Grantor"), hereby grants to the CITY OF SANTA CLARA, California, a chartered municipal corporation, ( herein " Grantee"), an easement and right- of- way ( herein " Easement'') in, on, over, along and across the real property owned by Grantor in the City of Santa Clara, State of California, described in Exhibit A attached hereto an:d incorporated herein by this reference (" Easement Area"). · This Easement shall be used by Grantee for the purpose of constructing and reconstr: Ucting, installing, operating, inspecting;, maintaining, repairing, removing and/ or replacing overhead electrical transmission, distribution and/ or communication systems, and appurtenances thereto, including a reasonable right of ingress ~ d egress over adjoining lands of Granter. In exercising said right of ingress and egress, Grantee shall, wherever practical, use existing. roads and lanes across lands of Gran tor, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Granter and any occupants of Grantor' s property.

Portior1s of the Easement Area may be used by the . Grantor for driveway( s), landscaping excluding trees), and parking, as Will not interfere with the Grantee' s use of the Easement. Any other use of the Easement Area by Grantor shall be subject to Grantee' s express written consent and only after Grantee' s review of plans and specifications and determination that such use will not interfere with its use of the Easement. Grantee 111ay trim 1my trees or remove any tree or structure which is in or adjacent to the Easeinent Area which, in its reasonable determination, interferes with its use of the Easement. Grantee may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 Feet or poses a risk of falling onto the Grantee' s facilities or equipment located. within the Easement.

SIGNATURE( S) APPEAR ON THE FOLLOWING PAGE]

Page 1 of 2 ends

224- 03- 080
DOC # 25419663 Page 2 of 6
IN WITNESS WHEREOF, said grarttors have hereunto set their hands this 2'P day of 1)@11ea. , 20 iz-..

Office of the City Attorney
City of Santa Clara
By: 2265 Lafayette Street LLC,
a Califo: rnia limited liability company
By: ~~
se, Managing Member
OWNER" APN APN 224- 03- 080 ( 2022- 12)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE THIS DOCUMENT. IF QRANTOR IS A CORPORATION, THE

COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CORPORATION AND CORPORATE TITLES OF THE PERSONS SIGNING FOR THE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS EXECU' HNG THIS DOCUMENT ON BEHALF OF CORPORATlON, PARTNERSHIP, OR JOINT VENTURE, OR ANY OTHER ORGANIZATION OTHER THAN A SOLE PROPRIETORSHIP SHALL BE A TI ACHED.

ATIACH THE ALL- PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING THIS DOCUMENT ON BEHALF OF THE GRANTOR.

Page 2 of 2 ends

224- 03- 080
DOC # 25419663 Page 3 of 6

CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of California
County of cSanfd~
before me, { Jill,~ Vt•;ciC/62--(name and title of officer), personally . . . appeared fb1/;pAtbtl/)egv , who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument anq acknowledged to me that she/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the enUty upon behalf of which the person( s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand
Seal)
CAiHLEEN VADASl
NotatY Public~ California J_
Santa Clara County
commls~\ on /12356712
My Co. mm. Expires Jun 4, 2025
DOC # 2541~ 663, Page 4 of . 6
DESCRIPTION:

EXHIBIT " A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLO
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 03- 080
EASEMENT AREA: 1, 200 SQ. FT. ±
SVP REF: SC_-_
A portion of Parcel B, as shown upon that certain Parcel Map For Lot Line Adjustment Purposes filed for record on October 1, 1985 in Book 550 of Maps, at Page 6, Santa Clara County Reccrds 1 located in the City of Santa Clara, County of Santa Clara, Stat(:} of California, described as follows:

COMMENCING at a monument ! ocE1ted in the centerline of Lafayette Street near the . :. intersection with Shulman Avenue ( as shown on Page 2 of this Exhibit); thence South 15° 53' 4~ East 341. 31 feet along ~ aid centerline to the monument located at the centerline intersection of said Lafayette Street and Memorex Drive; thence North 74° 06' 1211East 42. 00 feet to the easterly right- of- way of said Lafayette Street and the POINT OF BEGINNING; thence North 15° 53' 48 West 104. 65 feet along said easterly right- of- way to the beginning of a curve concave easterly having a radius of 20 feet; thence northerly 13. 52 feet aJohg said curved right- of- way through a central angle of 38° 44' 45" to the southerly iine of an exi~ ting overhead electric easement; thence South 75° 28' 59;' East 11. 30 feet along said southerly line; thence North 82° 14' 48" East 6. 71 feet continuing along said southerly line; then9e South 5° 14' 36" East 112. 43 feet to the POINT OF BEGINNING.

CONTAINING: 1, 200 sq. ft., more or less.

REV: 0 DATE: 7- 19~ 22
ltltl,/> 1,/ MJ: I,"
CIHfCI! l-tAl
COUUlJ ANH INC
2265 LAFAYETTE STREET LLC
APN: 224" 03- 080
2265 LAFAYETTE STREET
SANTA CLARA, CAUFORNIA 95050
BY: AGD CHK: GHH APP: JJC

SILICON
VALLEY
POWER .

Cl' N OF SANTA Cl. ARA
SHEET: 1 of2
SHULM. AN AVENUE
CL MON

LAFAYETTE STREET

NOT AT INTERSECTION)
EXHIBIT " A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLC
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224- 03- 080
EASEMENT AREA: 1, 200 SQ. FT.± ,. SCALE FEET
f p 610' 0 311'
LEGEND
tl/ 7 /// 273 EASEMENT AREA = 1, 200 SQ. FT. : 1:

N 74° 06' 12" E

42. 00' ( TIE)

ROADWAY PLATTED CENTERLINE
p POWERLINE REFERENCE LINE

FOUND SURVEY MONUMENT
S 05° 14' 36" E
112. 43'
2265 LAFAYE1TE

STREET LLC
APN: 224 .. ~ 3- 0BO

MEMOREX DRIVE
CLMON~\
LAFAYETTE STRE. ET

MEMOREX DRIVE

0..

THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING. CONVEYEl. THE 1': XAOT LOCATION OF ALL STRUCTURES, LINES AND APPURTENANCES IS SUBJEOTTO\ CHANGE WmllN TliE BOUNDARIES OF THE RIGHT OF WAY HEREIN Gf! J\ NTED REV: 0 DATE: 7~ 19- 22 -~ SCALE: 1":::: 80' BY: AGD CHK: GHH APP: JJC Clo,'/hm,1TfCi i l·C Al 2265 LAFAYETTE STREET LLc ~ s~~'A•.cLoLENv· APN: 224- 03- 080 • Vi
couuluHa 1Nt 22es LAFAYETTE sTREET OlYOfs~;fc&i·
SALT LAKE CITY, UTAH SANTA CLARA, CALIFORNIA 95050
SHEET: 2of2
Cityof
Santa Clara
The Center of What' s Possible

CERTIFICATE OF ACCEPTANCE
DOC # 25419663 Page 6 of 6
Office of the City Clerk
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the _!! l_ of J> ee.: ew1ber 20~ ~ from 2265 Lafayette Street LLC, a California limited liability company ( Grantor) to the City of Santa Clara, California, a chartered California municipal corporation ( City), is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant to authority conferred by Resolution No. 5600 of the City Council of the City of Santa Clara adopted on the 28 day of May, 1991, and the Resolution Approving Purchase of Overhead Electric Easement, Resolution No. ;}:;>-- C\ 140 adopted on~ pk; mb- er 12> , 2~. The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.

Re: APN 224- 03- 080

APPROVED AS T
Office of the City Attorney
City of Santa Clara
Dated: This l'i'Jl.. day of D«ovhv , 20. 2. L
Offic f the City Manager
City of anta Clara
ATTEST: · · · · ~
City of Santa Clara
1500 Warburton Avenue• Santa Clara, CA95050 • Phone: ( 408) 615- 2220 • Fax: ( 408) 241-- 6771 • www. santaclaraca. gov

City Council and Authorities ConcurrentSeptember 13, 2022

City Council and Authorities Concurrent
September 13, 2022