When Reeo,ded fte10111Tu: ___ _
First American Title Insurance company
Notional Commerclal Services
18500 Von Karman Avenue, Suite 600 ~~~·o<;Ml612 °1112.1'-t-t1t-sb.-\ RECORDING REQUESTED BY:
City of South San Francisco Public Facilities
Financing Authority
2020-022003
9:21 am 03/11/20 LE Fee: NO FEE
Count of Pages 10
Recorded in Official Records
County of San Mateo
Mark Church
AND WHEN RECORDED RETURN TO: 11111111111111iliil]i1i~lilli1m1m~ii~n~im 1111111111111 Stradling Y occa Carlson & Rauth 660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attention: Brian Forbath, Esq.
* $ R O O O 2 8 3 3 3 8 3 $ *
OR GINAL
[Space above for Recorder's use.]
This Ground Lease is recorded for the benefit of the City of South San Francisco and is exempt from California documentary transfer tax pursuant to Section I 1928 of the California Revenue and Taxation Code and from recording fees pursuant to Sections 6103, 27383 and 27388.1 (a)(2)(D) and (d)(2) of the California Government Code. Lease tenn less than 35 years.
GROUND LEASE
by and between
CITY OF SOUTH SAN FRANCISCO
and
CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY Dated as of March 1, 2020
Relating to
$43,905,000
CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY (POLICE STATION PROJECT)
LEASE REVENUE BONDS, SERIES 2020A
~co.Jed ne1um.:rt1: ___ _
First American Title Insurance Company
National Commercial Services
18500 Von Kmman Avenue, Suite 600
~1~n~,o~~ri~61 2 °11,21t.l-- tJl--J~\
RECORDING REQUESTED BY:
City of South San Francisco Public Facilities
Financing Authority
AND WHEN RECORDED RETURN TO:
Stradling Y occa Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attention: Brian Forbath, Esq.
[Space above for Recorder's use.]
This Ground Lease is recorded for the benefit of the City of South San Francisco and is exempt from California documentary transfer tax pursuant to Section 11928 of the California Revenue and Taxation Code and from recording fees pursuant to Sections 6103, 27383 and 27388.1 (a)(2)(D) and (d)(2) of the California Government Code. Lease term less than 35 years.
GROUND LEASE
by and between
CITY OF SOUTH SAN FRANCISCO
and
CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY Dated as of March 1, 2020
Relating to
$43,905,000
CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCIKG AUTHORITY (POLICE STATION PROJECT)
LEASE REVENUE BONDS, SERIES 2020A
GROUND LEASE
THIS GROUND LEASE (this "Ground Lease''), executed and entered into as of March 1, 2020, is by and between the CITY OF SOUTH SAN FRANCISCO (the "City"), a municipal corporation and general law city duly organized and existing under and by virtue of the Constitution and laws of the State of California, as lessor, and the CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY (the "Authority"), a joint exercise of powers entity duly organized and existing under the laws of the State of California, as lessee.
WITNESSETH:
WHEREAS, the City and the Authority desire to finance the costs of the acquisition, construction and/or installation of a new City police station and related improvements, facilities and equipment (the "Project");
WHEREAS, in order to finance the Project, the City will lease certain real property and the improvements located thereon (the "Property") to the Authority pursuant to this Ground Lease, and the City will sublease the Property back from the Authority pursuant to a Lease Agreement, dated as of March 1, 2020 (the "Lease Agreement");
WHEREAS, the Property is more particularly described in Exhibit A hereto; WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and the Authority to provide the funds necessary to finance the Project through the issuance by the Authority of bonds payable from the Base Rental Payments (as defined in the Lease Agreement) to be made by the City under the Lease Agreement; WHEREAS, the City and the Authority have determined that it would be in the best interests of the City and the Authority to provide for the issuance of such bonds payable from the Base Rental Payments pursuant to an fudenture, dated as of March 1, 2020 (the "Indenture"), by and among the Authority, the City and The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee");
WHEREAS, all rights to receive the Base Rental Payments have been assigned without recourse by the Authority to the Trustee pursuant to an Assignment Agreement, dated as of March 1, 2020 (the "Assignment Agreement") by and between the Authority and the Trustee; WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into of this Ground Lease do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the parties hereto are now duly authorized to execute and enter into this Ground Lease;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Except as otherwise defined herein, or unless the context clearly otherwise requires, words and phrases defined in the Lease Agreement shall have the same meaning in this Ground Lease.
ARTICLE II
LEASE OF THE PROPERTY; RENTAL
Section 2,01 Lease of Property. The City hereby leases to the Authority, and the Authority hereby leases from the City, for the benefit of the Owners of the Bonds, the Property and all rights appurtenant thereto, including, but not limited to, rights of access, subject only to Permitted Encumbrances, to have and to hold for the term of this Ground Lease.
Section 2.02 Rental. The Authority shall pay to the City as and for rental of the Property hereunder, the sum of $1.00, the receipt of which is hereby acknowledged, and shall enter into the Lease Agreement.
ARTICLE Ill
QUIET ENJOYMENT
The parties intend that the Property will be leased back to the City pursuant to the Lease Agreement for the term thereof. It is further intended that, to the extent provided herein and in the Lease Agreement, if an event of default occurs under the Lease Agreement, the Authority, or its assignee, will have the right, for the then remaining term of this Ground Lease to (a) take possession of the Property, (b) if it deems it appropriate, cause an appraisal of the Property and a study of the then reasonable use thereof to be undertaken, and ( c) re let the Property. Subject to any rights the City may have under the Lease Agreement (in the absence of an event of default) to possession and enjoyment of the Property, the City hereby covenants and agrees that it will not take any action to prevent the Authority from having quiet and peaceable possession and enjoyment of the Property during the term hereof and will, at the request of the Authority and at the City's cost, to the extent that it may lawfully do so, join in any legal action in which the Authority asserts its right to such possession and enjoyment.
ARTICLE IV
SPECIAL COVENANTS AND PROVISIONS
Section 4.01 Waste. The Authority agrees that at all times that it is in possession of the Property, it will not commit, suffer or permit any waste on the Property, and that it will not willfully or knowingly use or permit the use of the Property for any illegal purpose or act.
Section 4.02 Further Assurances and Corrective Instruments. The City and the Authority agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property hereby 2 leased or intended so to be or for carrying out the expressed intention of this Ground Lease, the Indenture and the Lease Agreement.
Section 4.03 Waiver of Personal Liability. All liabilities under this Ground Lease on the part of the Authority shall be solely liabilities of the Authority as a joint exercise of powers entity, and the City hereby releases each and every director, officer and employee of the Authority of and from any personal or individual liability under this Ground Lease. No director, officer or employee of the Authority shall at any time or under any circumstances be individually or personally liable under this Ground Lease to the City or to any other party whomsoever for anything done or omitted to be done by the Authority hereunder.
All liabilities under this Ground Lease on the part of the City shall be solely liabilities of the City as a public corporation, and the Authority hereby releases each and every member, officer and employee of the City of and from any personal or individual liability under this Ground Lease. No member, officer or employee of the City shall at any time or under any circumstances be individually or personally liable under this Ground Lease to the Authority or to any other party whomsoever for anything done or omitted to be done by the City hereunder.
Section 4.04 Taxes. The City covenants and agrees to pay any and all assessments of any kind or character and also all taxes, including possessory interest taxes, levied or assessed upon the Property.
Section 4.05 Right of Entry. The City reserves the right for any of its duly authorized representatives to enter upon the Property at any reasonable time to inspect the same.
Section 4.06 Representations of the City. The City represents and warrants to the Authority and the Trustee as follows:
(a) the City has the full power and authority to enter into, to execute and to deliver this Ground Lease, and to perform all of its duties and obligations hereunder, and has duly authorized the execution of this Ground Lease;
(b) except for Permitted Encumbrances, the Property is not subject to any dedication, easement, right of way, reservation in patent, covenant, condition, restriction, lien or encumbrance which would prohibit or materially interfere with the use of the Property for governmental purposes as contemplated by the City;
( c) all taxes, assessments or impositions of any kind with respect to the Property, except current taxes, have been paid in full; and
( d) the Property is necessary to the City in order for the City to perform its governmental functions.
Section 4.07 Representations of the Authority. The Authority represents and warrants to the City and the Trustee that the Authority has the full power and authority to enter into, to execute and to deliver this Ground Lease, and to perform all of its duties and obligations hereunder, and has duly authorized the execution and delivery of this Ground Lease. 3 ARTICLEV
ASSIGNMENT, SUBLEASING, MORTGAGING AND SELLING
Section 5.01 Assignment and Subleasing. This Ground Lease may be sold or assigned and the Property subleased, as a whole or in part, by the Authority without the necessity of obtaining the consent of the City, if an event of default occurs under the Lease Agreement. The Authority shall, within 30 days after such an assignment, sale or sublease, furnish or cause to be furnished to the City a true and correct copy of such assignment, sale or sublease, as the case may be.
Section 5.02 Restrictions on City. The City agrees that, except with respect to Permitted Encumbrances, it will not mortgage, sell, encumber, assign, transfer or convey the Property or any portion thereof during the term of this Ground Lease.
ARTICLE VI
TERM; TERMINATION
Section 6.01 Term. The term of this Ground Lease shall commence as of the date of issuance of the Series 2020A Bonds and shall remain in full force and effect from such date to and including June 1, 2046, unless such term is extended or sooner terminated as hereinafter provided.
Section 6.02 Extension; Early Termination. If, on June 1, 2046, the Bonds shall not be fully paid, or provision therefor made in accordance with Article X of the Indenture, or the Indenture shall not be discharged by its terms, or if the Rental Payments payable under the Lease Agreement shall have been abated at any time, then the term of this Ground Lease shall be automatically extended until the date upon which all Bonds shall be fully paid, or provision therefor made in accordance with Article X of the Indenture, and the Indenture shall be discharged by its terms, except that the term of this Ground Lease shall in no event be extended beyond June I, 2056. If, prior to June 1, 2046, all Bonds shall be fully paid, or provisions therefor made in accordance with Article X of the Indenture, and the Indenture shall be discharged by its terms, the term of this Ground Lease shall end simultaneously therewith.
ARTICLE VII
MISCELLANEOUS
Section 7.01 Binding Effect. This Ground Lease shall inure to the benefit of and shall be binding upon the City, the Authority and their respective successors and assigns.
Section 7.02 Severability. In the event any provision of this Ground Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Section 7.03 Amendments, Changes and Modifications. This Ground Lease may be amended, changed, modified, altered or terminated only in accordance with the provisions of the Lease Agreement.
4 Section 7 .04 Assignment to Trustee. The Authority and City acknowledge that the Authority has assigned its right, title and interest in and to this Ground Lease (but none of its obligations and none of its rights to provide consents or approvals hereunder) to the Trustee pursuant to certain provisions of the Assignment Agreement. The City consents to such assignment.
Section 7.05 Execution In Counterparts. This Ground Lease may be executed in several counterparts, each of which shall be an original and al1 of which shall constitute but one and the same instrument.
Section 7 .06 Applicable Law. This Ground Lease shall be governed by and construed in accordance with the laws of the State of California.
Section 7 .07 Captions. The captions or headings in this Ground Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Ground Lease.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
5 IN WITNESS WHEREOF, the Authority and the City have caused this Ground Lease to be executed by their respective officers hereunto duly authorized, all as of the day and year first above written.
ATTEST:
osa Govea Acosta
City Clerk
ATTEST:
~b s~
Secretary
4834-0905-3612/200855-0001
)
CITY OF SOUTH SAN FRANCISCO PUBLIC
FACILITIES FINANCING AUTHORITY By: ddt{)tii_ J-'.fichael Futrell + ~cutive Director
S-1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docrnnent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN MATEO )
On &lllfO/J51 'l,QW before me, /Vaw ti,:{i,J!A-Bi~ , Notary Public, personally appeared efurfts fv\fc~Aa-e I Ft)fre,.t(__,,.~ ' who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and aclmowledged to me that he/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
MARIE ELLEN PATEA
; Notary Public • CaUfornia
; -• San Mateo County I
z ,.,._11 Commission # 2180268 :!
J ••••• ,My E0T'!· [xtrts fee t5,}~21l
4834-0905-3612/200855-0001
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the Property conveyed under the Ground Lease to the City of South San Francisco Public Facilities Financing Authority, a joint exercise of powers entity duly organized and existing under the laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors of the City of South San Francisco Public Facilities Financing Authority, pursuant to authority conferred by resolution of the said Board of Directors adopted on February 12, 2020, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: March 5, 2020
4834-0905-3612/200855~000 I
CITY OF SOUTH SAN FRANCISCO PUBLIC
FACILITIES FINANCING AUTHORITY
By:
EXHIBIT A
DESCRIPTION OF THE PROPERTY
All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
PARCEL 1:
PARCEL 1, AS SAID PARCEL IS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP 93-300, ORANGE MEMORIAL PARK", FILED ON DECEMBER 27, 1996 IN BOOK 69 OF PARCEL MAPS AT PAGES 57 THROUGH 59 IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA. PARCEL 2:
LOTS 18, 19 AND 20 IN BLOCK 125, AS SHOWN ON THAT CERTAIN MAP ENTITLED 11SOUTH SAN FRANCISCO, SAN MATEO COUNTY, CALIFORNIA PLAT NO. 111 , FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON MARCH 01, 1892 IN BOOK "B11 OF MAPS, PAGE(S) 6 AND A COPY ENTERED INTO BOOK 2 OF MAPS, PAGE 52.
EXCEPTING THEREFROM THOSE PORTIONS OF SAID PARCELS 18, 19 AND 20 AS PER DOCUMENT RECORDED JANUARY 31, 2020 AS INSTRUMENT No. 2020-008957 OF OFFICIAL RECORDS.
A-1
County of San Mateo
TRANSFER TAX AFFIDAVIT DTT AFFIDAVIT
Per San Mateo County Ordinance Code 2.93.050
NOTICE: Any material misrepresentation of fact in
this affidavit is a misdemeanor under section
2.93. _
120 of the San Mateo County real property tax
code. Any person who makes such a representation
is subj~ct ~o prosec1,1tion for such offense.
This form must accompany any document that
requires a Documentary Transfer Tax
declaration, Including but not limited to;·
Agreement for Sale; Assignment of Lease;
Deed in Lieu of Foredosure;: Easement; Grant
Deed; Land Contract; Lease; Memorandum of ·
Lease;
The Assessor~Clerk-Recorder reserves the right to
repdrt potentially fraudulent recordings to th·e
Distric:t Attornev.'s Real Estate Fraud Unit. 1. LOCATION OF PROPERTY: Assessor's Parcel Number: 014-041-160 and 014-041-170 and City: Sa11 Francisco , C, , I ~1 s F 014-041-180 ,01z.-,1I.-c>'il> &Lk•4, :,l , M ~I <...- nv'G.., .:-,..._ v-.. i-,c,'Jc, •~?. ~IL-oso ci'-'") Street Address: 781 Tennis Drive South, San Francisco, CA 94080 C\ Z - '.}f. 2.-, ,, o Ce=:~t rrarument To Be Recorded: Ground Lease
2. IS THIS A FORECLOSURE OR TRUSTEE SALE?
a. Is the transferee the Beneficiary or ·Mortgagee?
D Yes
D Yes
l:8] No (If yes, complete this section.)
0 No
b. Please provide. Name of Trustee:
Date of original Deed of Trust:
3. IS THIS A LEASE? f8J Yes D No (If yes or no, complete th_is section.) a. Is remaining term of lease, Including renewal options1 greater than 35 years? D Yes '25J No _ b. If NO, .submit a copy of the lease, or summary, ·or terms. c. +f YES, enter the value of the l!:!as~ interest on line 9a. (For tax calculations.)
4. IS THIS A GIFT IN WHOLE OR IN PART? D Yes No (If yes, .give a complete explanation.) Name of the Donor:
Name of the Donee:
Please be aware that certain gifts In excess of $13,000 per calendar year may trigger a Federal Gift Tax. In, such cases~ the Transferor/Donor may be required to fill out a Form 709 (Federal Gift Tax Return) with•the Internal Revenue Service. Please also be aware that the information stated on this document may be given to and used by governmental agencies1 including the Internal Revenue Service. 'I; as th~ Tran$feror/l)onor declare under penalty of peljury that I have read the above paragraph and -acknowtetlge that a Federal Gift Tax may be triggered. ·Signature of Donor: Print Donor Name:- Donor Phone:
SIGNATURE ON REVERSE STILL REQUIRED.
S, ARE YOU ADDING OR REMOVING A COMOWNER FOR REFINANCING Yes lx} No If yes, initial to the right to indicate your agreement with the statement below and sign on reverse.
Initial here:
TJ.,e prop~r(io_:,a/ ow.f'/ership interest will revert back ta its original ho/ding within one (1) month from the date of recording; qtheIWise I will pay the applicable transfer ta')(.
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION.
TRANSFER TAX AFFIDAVIT, pg, 2
6. ARE YOU MOVING UTLE INTO OR OUT OF A l'RUST? Yes C8'.l No / Into Out of. / Revocable Irrevocable a, Name of Trust: b. Date ofT~ust: c. Name of Trustor(s); d. Name(s) of Currently Active Trustee(s):
e, If this transaction changes who Is on title or the proportional Interest of how title is held, further explanation Is required and may required and may require additionaltlme to review.
Atta~h additional pag·e(s) If necessi,!ry.
7, D.O YOU CONTEND THAT NO TRANS.FER TAX IS PUE FOR A REASON NOT EXPLAINED IN #1-6? .iXlYes No \ (If yes, give~ complete explanation'.)
a, The nature of the transaction is: l12.~ be,. I Leo 0~ ~E.,,~ Zf>"Je.<\"\r,-.t..~ ?S:tf;(\c.\'..e._1::. b, The reason (exemption)·you daim no tax is due: ~'-'LM--~ 4---fi!l~~"")'"-.. LPk- \\ ''fLCK
8. Is THIS A TRANSFER BETWEEN LEGAL ENTITIES? 0 Yes Jg] No IF YES; TRANSFERS J;NVQLVING LEGAL. ENTITIES MUST PROVIDE; PR.EFERRABLY ONE (1) WEEK IN ADVANCE. APPLICABLE DOCUMENTATION. SOME EXAMPLES ARE LISTED BELOW. THIS TYPE OF TRANSACTION WILL REQUIRE 1-3 BOSINESS DAYS TO REVIEW.
Entity ownership documentation ·is required if you are a:
Corporation - A copy of the Articles of Incorporation amendments and any other documents showing 'the shares .Issued and share "ffllfV ownership; or
LLC - A copy of the Oper~ting Agreement, amendments, and any other documentation showing the partners c1nd ownership \ .,,; percentage; or
Partnet$hip -A copy of the Partner Agreement; amendments and any other documents ~hqwing the partners and ownership .,.;; percentage ..
For all legal entities, provide the names of individuals and specific p~rcentages held by each individual prior to and followfog the transfer.
9. TAXABLE TRANSAcnONS~ Complete the following and calculate the tax below, Tax is cnlculated as $0,55· per $500 of line 9D.
Example, $100,000 vc11ue/$500 increments= 200 •. 200 increments x.$0.55 = $110 in tax due. You m!3y also use $1.10 A) Consideration. paid or vaiue .. $
B) 0 Full cash value. D Less Liens.
C) If less liens, loan amount assumed. $
b) Total consideration or value less liens. (Line A minus line C) $ E)Tax due. $
l DECLARE· OR AFFIRM UNDER PENAL TY OF .PERJURY THAT THE FOREGOING IS TRUE AND CORRECi.
Are you the O Transferee, D Transfer.or,. D Both, or -,~ Signature ofT~: ~dh~ Representative with full knowledge of foregoing, Signature still required. ~\U~C\.C.¢. ~f\.. Print Name:
( {,o CA~"'-r Or, N(\µ (;e~\., ~iC.b
P))one Number ofTrar,isferee:
Signature ~fTransfe~or: · Print Name:
Address of Transferor: Phone Number of Transferor:
\Ji,..,ev=\: ~,b\_, I or~ c;,.,j-'.:) I c.i\
Place of Execution: (City, County,Ste where executed,) · Date· of Execution RECORDIN8 REQUESTED BY FIRST AMERICANTITLE CO.
NATIONAi.COMMERCiAL SERVICES
~c..s,-q7,1-14-(9CQ-5Ai.
RECORDING REQUESTED BY:
2021-091066
9:39 am 06/15/21 A3 Fee: NO FEE
Count of Pages 18
Recorded in Official Records
County of San Mateo
City of South San Francisco Public Facilities Mark Church Financing Authority
AND WHEN RECORDED RETURN TO:
Stradling Y occa Carlson & Rauth 11111111111111i~i1mi~til1i]~t11nmm1~1 iiil 1111111111111 660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attention: Brian Forbath, Esq.
* $ R O O O 3 0 8 9 5 4 5 $ *
[Space above for Recorder's use.]
This First Amendment to Ground Lease is recorded for the benefit of the City of South San Francisco and is exempt from California documentary transfer tax pursuant to Section 11928 of the California Revenue and Taxation Code and from recording fees pursuant to Sections 6103, 27383 and 27388.1 (a)(2)(D) and (d)(2) of the California Government Code. Lease term less than 3 5 years.
FIRSTAMENDMENTTOGROUNDLEASE
Dated as of June 1, 2021
amending and supplementing the
GROUND LEASE
dated as of March 1, 2020
by and' between
CITY OF SOUTH SAN FRANCISCO
and
CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY Relating to
$86,410,000
CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY (COMMUNITY CMC CAMPUS AND MULTIPLE CAPITAL PROJECTS)
LEASE REVENUE BONDS, SERIES 2021A
4834-3297-2765v9/200855-0003
FIRST AMENDMENT TO GROUND LEASE
This First Amendment to Ground Lease (the "First Amendment to Ground Lease") is dated as of June I, 2021, and is entered into by and between the CITY OF SOUTH SAN FRANCISCO (the "City"), a municipal corporation and general law city duly organized and existing under and by virtue of the Constitution and laws of the State of California (the "City"), and the CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY (the "Authority"), a joint exercise of powers entity duly organized and existing under the laws of the State of California (the "Authority"), and supplements and amends the Ground Lease, dated as of March 1, 2020 (the "2020 Ground Lease',), recorded on March 11, 2020 in the Official Records of the County of San Mateo as Instrument No. 2020-022003.
WITNESSETH:
WHEREAS, the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee,,), have entered into an Indenture, dated as of March 1, 2020, as supplemented and amended from time to time in accordance with its terms (the "Indenture"), providing for the issuance of bonds secured on a parity thereunder; and
WHEREAS, in order to provide for the payment of the bonds issued under the Indenture, the City and the Authority have entered into the 2020 Ground Lease, pursuant to which the City leased to the Authority certain real property owned by the City, together with the City-owned improvements located thereon, as described in Exhibit A thereto ( collectively, the "Existing Property"); and WHEREAS, pursuant to Sections 3.05 and 3.06 of the Indenture, the Authority may at any time issue Additional Bonds (as defined in the Indenture) pursuant to a Supplemental Indenture (as defined in the Indenture); an&
WHEREAS, the City has determined it is in the public interest and will benefit the inhabitants of the City that the City fmance the costs of the acquisition, design, construction, installation, improvement, replacement and equipping of certain capital improvement projects of the City (collectively, the "2021A Project") described in Exhibit C to the First Amendment to Lease Agreement (as defined below); and
WHEREAS, to finance the 202 IA Project, the City will enter into this First Amendment to Ground Lease with the Authority pursuant to which the City and the Authority will add to the Existing Property certain additional real property as described herein (together with the Existing Property, the "Property"), and will confirm that the lease to the Authority of the Property is also made in consideration of the issuance by the Authority of its City of South San Francisco Public Facilities Financing Authority (Community Civic Campus and Multiple Capital Projects) Lease Revenue Bonds, Series 2021A (the "Series 2021A Bonds"); and WHEREAS, concurrently with the execution of this First Amendment to Ground Lease, the Authority and the City are entering into a First Amendment to Lease Agreement, dated as of June 1, 2021 (the "First Amendment to Lease Agreement"), which supplements and amends the Lease Agreement, dated as of March 1, 2020 (the "2020 Lease Agreement'' and as supplemented and amended by the First Amendment to Lease Agreement, and it may be further amended from time to time, the "Lease Agreement"), pursuant to which the Authority will lease the Property to the City and 4834-3297-2765v9/200855-0003
the City is required to make Base Rental Payments sufficient to pay debt service on the bonds issued under the Indenture, including the Series 2021A Bonds; and WHEREAS, to provide funds to finance the 2021A Project, the City has requested the Authority to issue the Series 2021A Bonds, pursuant to the Indenture, as supplemented and amended by a First Supplemental Indenture, dated as of June I, 2021, by and between the Authority and the Trustee; and
WHEREAS, the 2020 Ground Lease may be amended pursuant to Section 7.03 of the 2020 Ground Lease and Section 10.07 ofthe 2020 Lease Agreement; and WHEREAS, al1 acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into of this First Amendment to Ground Lease do exist, have happened and have been performed in regular and due time, fonn and manner as required by law, and the parties hereto are now duly authorized to execute and enter into this First Amendment to Ground Lease;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows:
Section 1. Deimitions. Except as otherwise defined herein, or unless the context clearly otherwise requires, words and phrases defined in the Lease Agreement shall have the same meaning in this First Amendment to Ground Lease.
Section 2. Amendment to Section 6.02 of the 2020 Ground Lease. Section 6.02 of the 2020 Ground Lease is hereby amended and restated in its entirety to read as follows:
Section 6.02 Extension; Early Termination. If, on the termination date set forth in Section 6.01, the Bonds shall not be fully paid, or provision therefor made in accordance with Article X of the Indenture, or the Indenture shall not be discharged by its terms, or if the Rental Payments payable under the Lease Agreement shall have been abated at any time, then the term of this Ground Lease shall be automatically extended until the date upon which all Bonds shall be fully paid, or provision therefor made in accordance with Article X of the Indenture, and the Indenture shall be discharged by its terms, except that the term of this Ground Lease shall in no event be extended beyond ten years after the termination date set forth in Section 6.01. If, prior to the termination date set forth in Section 6.01, all Bonds shall be fully paid, or provisions therefor made in accordance with Article X of the Indenture, and the Indenture shall be discharged by its terms, the term of this Ground Lease shall end simultaneously therewith."
Section 3. Addition to Property; Further Consideration for Lease of Property. The City has previously leased to the Authority the Existing Property and now desires to lease additional real property to the Authority pursuant to the terms of the 2020 Ground Lease, as amended hereby, which additional real property is described in Exhibit A hereto under the headings "DESCRIPTION A-1: Commonly described as the site of City Hall"; "DESCRIPTION A-2: Commonly described as the site of the Public Works Corporation Yard"; "DESCRIPTION A-3: Commonly described as the site of the City Senior Center"; ''DESCRIPTION A-4: Commonly described as the site of Fire Station #61"; "DESCRIPTION A-5: Commonly described as the site of the Library, Parks and 2 4834-3297-2765v9/200855-0003
Recreation and Community Theater / Council Chamber (LPR)"; ''DESCRIPTION A-6: Commonly described as the site of the Police Operations & 911 Dispatch Center''; and ''DESCRIPTION A-7:
Commonly described as the site of the Westborough Park and Fire Station #64." The City and the Authority confirm that the lease of the Property as shown in Exhibit A hereto is also made in consideration of the issuance by the Authority of the Series 2021A Bonds.
Section 4. Effectiveness of First Amendment to Ground Lease. This First Amendment to Ground Lease shall be effective on the Delivery Date of the Series 2021A Bonds.
Section 5. Survival of 2020 Ground Lease. Except as otherwise amended hereby, the 2020 Ground Lease shall remain in full force and effect.
Section 6.. Severability. In the event any provision of this First Amendment to Ground Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Section 7. Captions. The captions or headings in this First Amendment to Ground Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this First Amendment to Ground Lease.
Section 8. Execution In Counterparts. This First Amendment to Ground Lease may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 9. Applicable Law. This First Amendment to Ground Lease shall be governed by and construed in accordance with the laws of the State of California. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the Authority and the City have caused this First Amendment to Ground Lease to be executed by their respective officers hereunto duly authorized, all as of the day and year first above written.
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CITY OF SOUTH SAN FRANCISCO
By:(¼hgW~
City Manager
CITY OF SOUTH SAN FRANCISCO PUBLIC
FACILITIES FINANCING AUTHORITY Bye/J~
Executive Director
S-1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the Property conveyed under the First Amendment to Ground Lease to the City of South San Francisco Public Facilities Financing Authority, a joint exercise of powers entity duly organized and existing under the laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors of the City of South San Francisco Public Facilities Financing Authority, pursuant to authority conferred by resolution of the said Board of Directors adopted on May 12, 2021, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: June 14, 2021
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CITY OF SOUTH SAN FRANCISCO PUBLIC
FACILITIES FINANCING AUTHORITY
By:£:i:f~ s ichael F'iit II
Executive Director
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 )
) ss.
COUNTY OF SAN MATEO )
On ~/lec 7, 'ZOU before me, Mttri~ etihl,ftiktl....d 'Notary Public, personally appeared Ofi..at!J£ MteW f(;/f e./A,/ ' who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/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
Existing Property
EXHIBIT A
DESCRIPTION OF THE PROPERTY
Orange Memorial Park:
All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
PARCEL 1:
PARCEL 1, AS SAID PARCEL IS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP 93-300, ORANGE :MEMORIAL PARK", FILED ON DECEMBER 27, 1996 IN BOOK 69 OF PARCEL MAPS AT PAGES 57 THROUGH 59 IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA.
Miller Parking Garage:
All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
PARCEL 2:
LOTS 18, 19 AND 20 IN BLOCK 125, AS SHOWN ON THAT CERTAIN MAP ENTITLED "SOUTH SAN FRANCISCO, SAN MATEO COUNTY, CALIFORNIA PLAT NO. l ", FILED IN THE OFFICE OF THE COUNTY RECORDER OF· SAN MATEO COUNTY, STATE OF CALIFORNIA, ON MARCH 01, 1892 IN BOOK "B" OF MAPS, PAGE(S) 6 AND A COPY ENTERED INTO BOOK 2 OF MAPS, PAGE 52.
EXCEPTING THEREFROM THOSE PORTIONS OF SAID PARCELS 18, 19 AND 20 AS PER DOCUMENT RECORDED JANUARY 31, 2020 AS INSTRUMENT No. 2020-008957 OF OFFICIAL RECORDS.
A-1
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DESCRIPTION A-1: Commonly described as the site of City Hall All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
LOTS 3 THROUGH 5, INCLUSIVE, IN BLOCK 116, AS SHOWN ON THAT CERTAIN MAP ENTITLED MAP OF SOUTH SAN FRANCISCO, PLAT NO. 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON MARCH 01, 1892 IN BOOK 2 OF MAPS, PAGE 52.
APN: 012-304-010 (portion)
A-2
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DESCRIPTION A-2: Commonly described as the site of the Public Works Corporation Yard All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
PARCEL A AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 84-222, FILED FOR RECORD NOVE1\.1BER 15, 1984 IN BOOK 55 OF PARCEL MAPS, PAGE 35, SAN MATEO COUNTY RECORDS.
APN: 014-051-100
A-3
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DESCRIPTION A-3: Commonly described as the site of the City Senior Center All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
THE EASTERLY 1/2 OF LOT 38 AND ALL OF LOTS 39 AND 40 IN BLOCK 96 , AS SHOWN ON THAT CERTAIN MAP ENTITLED "SOUTH SAN FRANCISCO, SAN MATEO CO. CAL, PLAT NO. 111 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON MARCH 01, 1892 IN BOOK "B" OF MAPS, PAGE 6 AND A COPY THEREOF ENTERED IN BOOK 2 OF MAPS, PAGE 52.
APN: 012-241-200
A-4
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DESCRIPTION A-4: Commonly described as the site of Fire Station #61 All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
BEGINNING AT THE POINT WHICH BEARS NORTH 74 27' WEST 415.95 FEET FROM THE MOST WESTERLY CORNER OF THAT CERTAIN 1.320 ACRE TRACT OF LAND
DESCRIBED IN DEED FROM SOUTH SAN FRANCISCO LAND AND IMPROVEMENT CO:MPANY, A CORPORATION, TO SOUTH CITY LUMBER AND SUPPLY COMPANY, RECORDED IN BOOK 1081 OF OFFICIAL RECORDS, PAGE 68 THEREOF, RECORDS OF SAN MATEO COUNTY, CALIFORNIA; RUNNING THENCE FROM SAID POINT OF BEGINNING, NORTH 74 27' WEST 336.59 FEET TO A POINT OF THE EASTERLY LINE OF THAT CERTAIN 0.958 ACRE TRACT OF LAND DESCRIBED AS PARCEL I, IN A DEED
FROM SOUTH SAN FRANCISCO LAND AND IMPROVEMENT COMPANY, A CORPORATION, TO CITY OF SOUTH SAN FRANCISCO, RECORDED IN BOOK 1111 OF OFFICIAL RECORDS, PAGE 162 THEREOF; THENCE SOUTH 15 33' WEST ON AND ALONG SAID LAST MENTIONED LINE 255.52 FEET TO THE MOST SOUTHERLY CORNER OF SAID 0.958 ACRE TRACT; THENCE SOUTH 74 27' EAST 336.59 FEET AND NORTH 15 33' EAST 255.52 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LANDS
CONVEYED TO THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED IN BOOK 6784 OF OFFICIAL RECORDS, PAGE 205 (22525-AI) RECORDS OF SAN MATEO COUNTY, CALIFORNIA.
ASSESSOR'S PARCEL NO: 014-061-110
A-5
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DESCRIPTION A-5: Commonly described as the site of the Library, Parks and Recreation and Community Theater/ Council Chamber (LPR)
All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
PARCEL 1:
BOUNDED ON THE NORTHEAST BY PARCEL 5, SAN MATEO COUNTY LANDS,
DESCRIBED IN THE DEED FROM THE MARKET STREET RAILWAY COMPANY TO THE CITY AND COUNTY OF SAN FRANCISCO RECORDED IN BOOK 1161 OF OFFICIAL RECORDS, PAGE 1; ON THE NORTHWEST BY THE SOUTHEASTERLY BOUNDARY OF THE PARCEL CONVEYED BY ALVINA M. BORTISTO KAISER FOUNDATION HOSPITALS BY DEED DATED SEPTEJvffiER 12, 1966 AND RECORDED SEPTEJvffiER 14, 1966 IN BOOK 5214 OF OFFICIAL RECORDS, PAGE 708 (FILE NO. 95676-Z), ON THE SOUTHWEST BY THE PARCEL OF LAND CONVEYED BY JAMES L. FLOOD TO COUNTY OF SAN MATEO BY DEED DATED MARCH 10, 1913 AND RECORDED MAY 19, 1913 IN BOOK 225 OF DEEDS, PAGE 14 (EL CANITNO REAL) IN THE SAN MATEO COUNTY RECORDS AND ON THE SOUTHEAST BY THE NORTHWESTERLY LINE OF CHESTNUT A VENUE.
APN: 011-326-030
PARCEL 2:
REAL PROPERTY IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 5 AS DESCRIBED IN THE DEED
FROM THE MARKET STREET RAIL WAY COMP ANY TO THE CITY AND COUNTY OF SAN FRANCISCO RECORDED SEPTEMBER 29, 1944 IN BOOK 1161, PAGE 1 OF OFFICIAL RECORDS AND A PORTION OF PARCEL 24 AS DESCRIBED IN THE DEED FROM THE
SPRING VALLEY WATER COMPANY TO THE CITY AND COUNTY OF SAN FRANCISCO RECORDED MARCH 03, 1930 IN BOOK 491, PAGE 1 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF PARCEL D-3102-1 DESCRIBED IN EXHIBIT A-4 ATTACHED TO THE FINAL ORDER OF
CONDEMNATION FILED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO, ENTITLED "SAN MATEO COUNTY TRANSIT DISTRICT, PLAINTIFF, VS. CITY AND COUNTY OF SAN FRANCISCO, DEFENDANT", CASE NO. 405695, RECORDED FEBRUARY 11, 2004 AS INSTRill.1ENT NO. 2004- 025111, OFFICIAL RECORDS OF SAN MATEO COUNTY; THENCE THROUGH THE FOLLOWING NUMBERED COURSES:
1) FROM THE BEGINNING POINT OF A CURVE TO THE LEFT HAVING A RADIUS OF 3919.52 FEET AND A CENTRAL ANGLE OF 02° 11' 36" FROM WHICH THE RADIUS POINT BEARS NORTH 54° 26' 41 11 EAST, SOUTHEASTERLY ALONG SAID CURVE, AN ARC LENGTH OF 150.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE 2) CONTINUING ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 3919.52 FEET THROUGH A CENTRAL ANGLE OF 04° 20' 39" AN ARC LENGTH OF 297.18 FEET; THENCE A-6
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3) SOUTH 42° 52' 23" EAST 499.97 FEET TO THE BEGINNJNG OF A CURVE TO THE LEFT HA VINO A RADIUS OF 3944.52 FEET FROM WHICH THE RADIUS POINT BEARS NORTH 40° 37' 34" EAST; THENCE
4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 31' 17" AN ARC LENGTH OF 173.58 FEET TO THE NORTHWESTERLY LINE OF CHESTNUT A VENUE, 112 FEET WIDE; THENCE
5) NORTH 57° 58' 4311 EAST ALONG SAID A VENUE 90.50 FEET TO THE BEGINNING POINT OF A CURVE TO THE RIGHT HA VINO A RADIUS OF 3859.53 FEET FROM WHICH THE RADIUS POINT BEARS NORTH 37° 38' 52" EAST; THENCE
6) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 36' 13" AN ARC LENGTH OF 983.73 FEET; THENCE
7) SOUTH 52° 15' 05" WEST 59.99 FEET TO THE TRUE POINT OF BEGINNING.
APNS: 093-331-070 AND 093-331-080
A-7
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DESCRIPTION A-6: Commonly described as the site of the Police Operations & 911 Dispatch Center
All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF CHESTNUT A VENUE, AS
SAID LINE IS DESCRIBED IN THAT CERTAIN QUIT CLAIM DEED FROM CALIFORNIA
WATER SERVICE COMPANY, A CORPORATION, TO THE CITY OF SAN FRANCISCO, DATED MARCH 29, 1949 AND RECORDED APRIL 13, 1949 IN BOOK 1648 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 61, (85325-H) DISTANT THEREON 43° 33' WEST, 110.03 FEET AND SOUTH 56° 45' 35" WEST, 99.15 FEET FROM THE INTERSECTION THEREOF WITH THE NORTHEASTERLY LINE OF A 50.00 FOOT WIDE EASEMENT
DESCRIBED AS PARCEL ONE IN THE DEED FROM CALIFORNIA WATER SERVICE
COMPANY, A CORPORATION, TO THE CITY OF SOUTH SAN FRANCISCO, DATED AUGUST 12, 1935 AND RECORDED MARCH 09, 1936 IN BOOK 680 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 232, (75074-C), SAID POINT ALSO BEING SOUTH 15° 33' WEST, 92.64 FEET, SOUTH 43° 33' WEST, 575.29 FEET, NORTH 59° 39' 57" WEST, 82.18 FEET, SOUTH 43° 33' WEST, 110.03 FEET AND SOUTH 56° 45' 35" WEST, 99.15 FEET FROM THE SOUTHWESTERLY CORNER OF BLOCK 79, AS SAID BLOCK IS SHOWN ON '"MAP OF SOUTH SAN FRANCISCO PLAT NO. l", WHICH MAP WAS FILED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, IN BOOK "B" OF MAPS, PAGE 6, AND A COPY ENTERED IN BOOK 2 OF MAPS, PAGE 52;
THENCE FROM SAID POINT OF BEGINNING ALONG SAID NORTHWESTERLY LINE OF CHESTNUT A VENUE, SOUTH 56° 45' 35" WEST, 193.00 FEET TO A POINT THEREON, DISTANT NORTH 56° 45' 35" EAST, 23.84 FEET FROM THE NORTHEASTERLY LINE OF MISSION ROAD; THENCE LEAVING CHESTNUT AVENUE WESTERLY, TANGENT TO
THE PRECEDING COURSE, ON THE ARC OF A CURVE TO THE RIGHT HA VINO A RADIDS OF 30.00 FEET AND A CENTRAL CURVE ANGLE OF 76° 56' 35", AN ARC DISTANCE OF 40.29 FEET TO A POINT ON SAID NORTHEASTERLY LINE OF MISSION ROAD; THENCE ALONG SAID LINE OF MISSION ROAD, TANGENT TO THE PRECEDING CURVE, NORTH 46° 17' 50" WEST, 77.75 FEET; THENCE NORTHWESTERLY, TANGENT
TO THE PRECEDING COURSE, ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIDS OF 467.00 FEET AND A CENTRAL ANGLE OF 25° 21' 39", AN ARC DISTANCE 206.71 FEET; THENCE LEAVING MISSION ROAD NORTH 56° 45' 35" EAST, 241.16 FEET; THENCE AT RIGHT ANGLES SOUTH 33° 14' 25" EAST, 304.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A DRAINAGE EASEMENT 10 FEET IN WIDTH LYING
SOUTHEASTERLY OF, PARALLEL AND ADJACENT TO THE NORTHEASTERLY PRODUCTION OF THE COURSE HEREINABOVE DESIGNATED AS "NORTH 56° 45' 3511 EAST, 241.16 FEET" AND EXTENDING FROM THE NORTHEASTERLY TERMINUS OF SAID COURSE 67.67 FEET TO A LINE WHICH BEARS 59° 39' 57" EAST.
TOGETHER WITH AN EASEMENT FOR SEWER PURPOSES OVER A STRIP OF LAND 10 FEET WIDE, LYING 5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF THE FIRST ABOVE DESCRIBED PARCEL, DISTANT ON SAID LINE NORTH 33° 14' 25" WEST, 81.00 FEET A-8
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FROM THE MOST EASTERLY CORNER OF SAID PARCEL; THENCE FROM SAID POINT OF BEGJNNING NORTH 74° 50' 00" EAST, 195.49 FEET TO A POINT IN THE
NORTHWESTERLY LINE OF CHESTNUT A VENUE, SAID EASEMENT IS CONTIGUOUS AT IS
WESTERLY EXTREMITY WITH THE NORTHEASTERLY LINE OF SAID FIRST ABOVE
DESCRIBED PARCEL, AND IS CONTIGUOUS AT ITS EASTERLY EXTREMITY WITH THE NORTHWESTERLY LINE OF CHESTNUT A VENUE.
APN: 011-322-030
A-9
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DESCRIPTION A-7: Commonly described as the site of the Westborough Park and Fire Station #64
All that real property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows:
PARCEL 1:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF GALWAY PLACE WITH THE NORTHERLY BOUNDARY LINE TRACT NO. 798, WESTBOROUGH UNIT NO. lB, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 798, WESTBOROUGH UNIT NO. IB, SAN MATEO COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON SEPTEMBER 13, 1961 IN BOOK 55 OF MAPS, PAGES 16 AND 17; SAID NORTHERLY
BOUNDARY LINE BEING ALSO THE SOUTHERLY RIGHT OF WAY LINE OF WESTBOROUGH BOULEVARD, 90.00 FEET WIDE, AS DESCRIBED IN THE DEED FILED IN BOOK 4033 OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 514; THENCE
ALONG THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF THE AFORESAID GALWAY PLACE, NORTH 27° 10' EAST 90.60 FEET TO A POINT IN THE NORTHERLY, LINE OF SAID WESTBOROUGH BOULEVARD; THENCE ALONG THE NORTHERLY LINE OF SAID WESTBOROUGH BOULEVARD, WESTERLY; ON THE ARC OF A CURVE TO THE LEFT, FROM A TANGENT BEARING NORTH 62° 50' WEST, WITH A RADIUS OF 1045.00 FEET, SUBTENDING A CENTRAL ANGLE OF 9° 21' AN ARC DISTANCE OF 170.34 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID
TRUE POINT OF BEGINNING, AND CONTINUING ALONG THE NORTHERLY LINE OF
SAID WESTBOROUGH BOULEVARD, WESTERLY, ON THE ARC OF A CURVE TO THE LEFT, FROM A TANGENT BEARING NORTH 72° 11' WEST, WITH A RADilJS OF 1045 FEET, SUBTENDING A CENTRAL ANGLE OF 6° 47' 50", AN ARC DISTANCE OF 123.97 FEET; ON THE ARC OF A CURVE TO THE LEFT, FROM A TANGENT BEARING NORTH 78° 58' 50" WEST, WITH A RADIUS OF 1300 FEET, SUBTENDING A CENTRAL ANGLE OF 8° 17' 10", AN ARC DISTANCE OF 188.01 FEET, THENCE LEAVING SAID WESTBOROUGH BOULEVARD LINE, NORTH 9° 50' 43" WEST 606.65 FEET; NORTH 5° 57' WEST 22.00 FEET; NORTH 84° 03' EAST 215.00 FEET; SOUTH 5° 57' EAST 12.00 FEET; NORTH 84° 03' EAST
80.00 FEET; NORTH 5° 57' WEST 12.00 FEET; NORTH 84° 03' EAST 119.69 FEET; NORTH 86° 21' 50" EAST 470.70 FEET; SOUTH 18° 50' WEST 350.36 FEET; ON THE ARC OF A CURVE
TO THE RIGHT, TANGENT TO THE LAST PRECEDING COURSE, WITH A RADIUS OF 1100.00 FEET, SUBTENDING A CENTRAL ANGLE OF 8° 20', AN ARC DISTANCE OF 159.99 FEET; SOUTH 27° 10' WEST, 95.11 FEET; NORTH 62° 50' WEST 185.350 FEET; AND SOUTH 17° 49' WEST 280.50 FEET TO THE TRUE POINT OF BEGINNING.
APN: 091-150-080
PARCEL2:
COMMENCING FOR REFERENCE AT THE INTERSECTION OF THE CENTERLINE OF GALWAY PLACE WITH THE NORTHERLY BOUNDARY LINE OF TRACT NO. 798, WESTBOROUGH UNIT NO. 1B, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 798, WESTBOROUGH UNIT NO. IB, SAN MATEO COUNTY, CALIFORNIA", FILED IN 4834-3297-2765v9/200855-0003
THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON SEPTEMBER 13, 1961 IN BOOK 55 OF MAPS, PAGE(S) 16 AND 17; SAID
NORTHERLY BOUNDARY LINE BEING ALSO THE SOUTHERLY RIGHT OF WAY OF WESTBOROUGH BOULEY ARD 90.00 FEET WIDE AS DESCRIBED IN VOLUME 4033 OF OFFICIAL RECORDS OF THE COUNTY OF SAN MATEO, PAGE 514; THENCE ALONG THE
NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AFORESAID GALWAY PLACE NORTH 27° 10" EAST 118.32 FEET; LEA VINO SAID LINE AT A RIGHT ANGLE NORTH 62° 50' WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING IN THE LINE
PARALLEL WITH SAID NORTHEASTERLY
PROLONGATION OF THE CENTERLINE OF GALWAY PLACE AND AT RIGHT ANGLES DISTANT 30.00 FEET THEREOF; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG SAID PARALLEL LINE NORTH 27° 10' EAST 234.57 FEET; LEAVING SAID LINE AT A RIGHT ANGLE NORTH 62° 50' WEST 185.35 FEET; SOUTH 17° 49' WEST 280.50 FEET TO A POINT IN THE NORTHERLY LINE OF AFORESAID WESTBOROUGH BOULEY ARD; THENCE ALONG LAST SAID LINE EASTERLY FROM A TANGENT BEARING SOUTH 72° 11' EAST, ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1045.00 FEET, SUBTENDING A CENTRAL ANGLE OF 6° 09' 02", AN ARC DISTANCE OF 112.18 FEET TO A POINT OF REVERSE CURVATURE; LEAVING SAID NORTHERLY LINE OF WESTBOROUGH BOULEY ARD EASTERLY, FROM A TANGENT BEARING SOUTH 66° 01' 58" EAST, ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 30.00 FEET, SUBTENDJNG A CENTRAL ANGLE OF 86° 48' 02", AN ARC DISTANCE OF 45.45 FEET TO THE TRUE POINT OF BEGINNING.
APN:091-150-090
A-11
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