_________________________________________________________________________________
SECOND AMENDMENT TO LEASE AGREEMENT
Dated as of June 1, 2022
amending and supplementing the
LEASE AGREEMENT
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
$__________
CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY (MULTIPLE CAPITAL PROJECTS AT ORANGE MEMORIAL PARK)
LEASE REVENUE BONDS, SERIES 2022A
_________________________________________________________________________________
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS 2
Section 1.01 Definitions 2
ARTICLE II AMENDMENTS AND EFFECTIVENESS 3
Section 2.01 Amendment to Base Rental Payment Schedule in Exhibit B 3 Section 2.02 Effectiveness of Second Amendment to Lease Agreement 3 ARTICLE III USE OF PROCEEDS 3
Section 3.01 Use of Proceeds of the Series 2022A Bonds 3 ARTICLE IV PREPAYMENT 3
Section 4.01 Prepayment 3
ARTICLE V MISCELLANEOUS 4
Section 5.01 Survival of Original Lease Agreement 4
Section 5.02 Binding Effect 4
Section 5.03 Validity and Severability 4
Section 5.04 California Law 4
Section 5.05 Section Headings 4
Section 5.06 Execution 5
Signatures S-1
EXHIBIT A LEGAL DESCRIPTION A-1
EXHIBIT B BASE RENTAL PAYMENT SCHEDULE B-1
EXHIBIT C DESCRIPTION OF 2022A PROJECT C-1
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement (the “Second Amendment to Lease Agreement”), dated as of June 1, 2022, is by and between the CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY (the “Authority”), a joint exercise of powers entity duly organized and existing under and by virtue of the laws of the State of California, as lessor, and 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 lessee, and supplements and amends the Lease Agreement, dated as of March 1, 2020 (the “Original Lease Agreement”), by and between the Authority and the City, as evidenced by that certain Memorandum of Lease Agreement recorded on March 11, 2020 in the Official Records of the County of San Mateo as Instrument No. 2020-022004, as supplemented and amended by the First Amendment to Lease Agreement, dated as of June 1, 2021 (the “First Amendment to Lease Agreement”), by and between the Authority and the City, as evidenced by that certain Memorandum of First Amendment to Lease Agreement recorded on June 15, 2021 in the Official Records of the County of San Mateo as Instrument No. 2021-091067.
W I T N E S S E T H:
WHEREAS, the Authority, the City 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 by the First Supplemental Indenture, dated as of June 1, 2021 (the “Original 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 Original Indenture, the City and the Authority have entered into the Ground Lease, dated as of March 1, 2020, as amended and supplemented by the First Amendment to Ground Lease dated as of June 1, 2021 (the “First Amendment to Ground Lease”), pursuant to which the City leased to the Authority certain real property belonging to the City, together with the City-owned improvements located thereon, as described in Exhibit A to the First Amendment to Ground Lease (collectively, the “Property”), and the Original Lease Agreement, as amended and supplemented by the First Amendment to Lease Agreement, pursuant to which the Authority leased to the City the Property; and WHEREAS, pursuant to Sections 3.05 and 3.06 of the Original Indenture, the Authority may at any time issue Additional Bonds pursuant to a Supplemental Indenture (as defined in the Original Indenture); and WHEREAS, pursuant to Section 10.07 of the Original Lease Agreement, the Original Lease Agreement may be amended to provide for the issuance of Additional Bonds (as defined in the Original Indenture) and to make such other changes or modifications as the Authority or the City may deem desirable or necessary, and which shall not materially adversely affect the interests of the Owners; and WHEREAS, the City has determined in Resolution No. ______ that it is in the public interest and will benefit the citizens of the City to have the Authority issue its City of South San Francisco Public Facilities Financing Authority (Multiple Capital Projects at Orange Memorial Park) Lease Revenue Bonds, Series 2022A in the aggregate principal amount of $_____________ as Additional Bonds pursuant to the Original Indenture, as supplemented by the First Supplemental Indenture dated as of June 1, 2021, and by the Second Supplemental Indenture, dated as of June 1, 2022, each by and among the Authority, the City and the Trustee, to finance the costs of the acquisition, design, construction, installation, improvement, replacement and equipping of certain capital improvement projects of the City described in Exhibit C hereto (collectively, the “2022A Project”); and WHEREAS, to finance the 2022A Project, the City and the Authority will enter this Second Amendment to Lease Agreement pursuant to which the City agrees to make Base Rental Payments sufficient to pay debt service on the Series 2020A Bonds, the Series 2021A Bonds and the Series 2022A Bonds; and WHEREAS, to provide funds to finance the 2022A Project, the Authority has issued the Series 2022A Bonds pursuant to the Indenture (as defined herein); and WHEREAS, in recognition of the issuance of the Series 2022A Bonds, the Base Rental Payments shall be increased as described herein from those set forth in the Original Lease Agreement, as amended and supplemented by the First Amendment to Lease Agreement; and 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 Second Amendment to Lease Agreement do exist, have happened and have been performed in a 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 Second Amendment to Lease Agreement.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows:
DEFINITIONS
Definitions. Except as otherwise provided in Section 1.01 of this Second Amendment to Lease Agreement, all terms used herein which are defined in the Original Lease Agreement or the First Amendment to Lease Agreement shall have the meanings assigned to them therein. Unless the context otherwise requires, the terms defined in this Section shall for all purposes hereof and of any supplement and amendment of the Lease Agreement have the meanings herein specified. All other capitalized terms used herein without definition shall have the meanings as set forth in the Indenture. “Base Rental Payment Schedule” means the schedule of Base Rental Payments payable to the Authority from the City pursuant to Section 3.01 of the Original Lease Agreement and attached hereto as Exhibit B, as from time to time amended as permitted in the Lease Agreement. “Delivery Date” means, with respect to the Series 2022A Bonds, _____, 2022. “Indenture” means the Indenture, dated as of March 1, 2020, as originally executed, as supplemented by the First Supplemental Indenture, dated as of June 1, 2021, and the Second Supplemental Indenture, dated as of June 1, 2022, each by and among the Authority, the City and the Trustee, and as it may from time to time be further amended or supplemented in accordance with the provisions thereof. “Lease Agreement” means the Lease Agreement, dated as of March 1, 2020, as originally executed, as supplemented and amended by the First Amendment to Lease Agreement, dated as of June 1, 2021 and this Second Amendment to Lease Agreement, each by and between the City and the Authority, and as it may from time to time be further amended in accordance with the provisions thereof. “Series 2022A Bonds” means the City of South San Francisco Public Facilities Financing Authority (Multiple Capital Projects at Orange Memorial Park) Lease Revenue Bonds, Series 2022A issued under the Indenture.
AMENDMENTS AND EFFECTIVENESS
Amendment to Base Rental Payment Schedule in Exhibit B. The Base Rental Schedule as shown in Exhibit B of the Original Lease Agreement, as amended by the First Amendment to Lease Agreement, is hereby amended and supplemented by deleting Exhibit B in its entirety and substituting the attached Exhibit B therefor.
Effectiveness of Second Amendment to Lease Agreement. This Second Amendment to Lease Agreement shall be effective on the Delivery Date of the Series 2022A Bonds.
USE OF PROCEEDS
Use of Proceeds of the Series 2022A Bonds. The parties hereto agree that the proceeds of the Series 2022A Bonds will be used to pay the costs of the 2022A Project, pay certain capitalized interest and to pay for costs of issuance of the Series 2022A Bonds.
PREPAYMENT
Prepayment.
The City may prepay all or a portion of the Base Rental Payments attributable to the Series 2022A Bonds which are payable on or after June 1, 20__, from any source of available funds, on any date on or after June 1, 20__, by paying (i) all or a portion, as selected by the City, of the principal components of such Base Rental Payments, and (ii) the accrued but unpaid interest component of such Base Rental Payments to be prepaid to the date of such prepayment.
The City may prepay, from any source of available funds, all or any portion of the Base Rental Payments attributable to the Series 2022A Bonds by depositing with the Trustee moneys or securities as provided, and subject to the terms and conditions set forth, in Article X of the Indenture sufficient to make such Base Rental Payments when due or to make such Base Rental Payments through a specified date on which the City has a right to prepay such Base Rental Payments pursuant to subsection (a) of this Section, and to prepay such Base Rental Payments on such prepayment date, at a prepayment price determined in accordance with subsection (a) of this Section.
If less than all of the Base Rental Payments attributable to the Series 2022A Bonds are prepaid pursuant to this Section then, as of the date of such prepayment pursuant to subsection (a) of this Section, or the date of a deposit pursuant to subsection (b) of this Section, the principal and interest components of such Base Rental Payments shall be recalculated in order to take such prepayment into account. The City agrees that if, following a partial prepayment of such Base Rental Payments, the Property is damaged or destroyed or taken by eminent domain, or a defect in title to the Property is discovered, the City shall not be entitled to, and by such prepayment waives the right of, abatement of such prepaid Base Rental Payments and the City shall not be entitled to any reimbursement of such Base Rental Payments.
Prepayments of Base Rental Payments attributable to the Series 2022A Bonds made pursuant to this Section shall be applied to the redemption of Series 2022A Bonds as directed by the City and as provided in Section 20.01 of the Indenture.
Before making any prepayment pursuant to this Article, the City shall give written notice to the Authority and the Trustee specifying the date on which the prepayment will be made, which date shall be not less than 45 nor more than 60 days from the date such notice is given to the Authority.
MISCELLANEOUS
Survival of Original Lease Agreement. Except as otherwise amended hereby, the Original Lease Agreement, as amended and supplemented by the First Amendment to Lease Agreement shall remain in full force and effect.
Binding Effect. This Second Amendment to Lease Agreement shall inure to the benefit of and shall be binding upon the Authority and the City and their respective successors and assigns.
Validity and Severability. If for any reason this Second Amendment to Lease Agreement shall be held by a court of competent jurisdiction to be void, voidable or unenforceable by the Authority or by the City, or if for any reason it is held by such a court that any of the covenants and conditions of the City hereunder, including the covenant to pay Rental Payments, is unenforceable for the full term hereof; then and in such event the Lease Agreement is and shall be deemed to be a Lease Agreement under which the Rental Payments are to be paid by the City annually in consideration of the right of the City to possess, occupy and use the Property, and all of the terms, provisions and conditions of the Lease Agreement, except to the extent that such terms, provisions and conditions are contrary to or inconsistent with such holding, shall remain in full force and effect.
California Law. This Second Amendment to Lease Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California.
Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Second Amendment to Lease Agreement.
Execution. This Second Amendment to Lease Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Second Amendment to Lease Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
IN WITNESS WHEREOF, the Authority and the City have caused this Second Amendment to Lease Agreement to be executed by their respective officers thereunto duly authorized, all as of the day and year first above written.
CITY OF SOUTH SAN FRANCISCO
By:
Charles Michael Futrell
City Manager
ATTEST:
Rosa Govea Acosta
City Clerk
CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY By:
Charles Michael Futrell
Executive Director
ATTEST:
Rosa Govea Acosta
Secretary
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the Property conveyed under the foregoing to the City of South San Francisco, a municipal corporation and general law city duly organized and existing under and by virtue of the Constitution and the laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of South San Francisco, pursuant to authority conferred by resolution of said City Council adopted on _____, 2022, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: _____, 2022 CITY OF SOUTH SAN FRANCISCO
By:
Charles Michael Futrell
City Manager
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 ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, 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 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
SIGNATURE OF NOTARY PUBLIC
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 ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, 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 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
SIGNATURE OF NOTARY PUBLIC
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. 1", 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.
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)
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 NOVEMBER 15, 1984 IN BOOK 55 OF PARCEL MAPS, PAGE 35, SAN MATEO COUNTY RECORDS.
APN: 014-051-100
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. 1", 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
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 COMPANY, 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
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 SEPTEMBER 12, 1966 AND RECORDED SEPTEMBER 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 CAMINO REAL) IN THE SAN MATEO COUNTY RECORDS AND ON THE SOUTHEAST BY THE NORTHWESTERLY LINE OF CHESTNUT AVENUE.
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 RAILWAY COMPANY 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 INSTRUMENT 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" 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 3) SOUTH 42° 52' 23" EAST 499.97 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING 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 AVENUE, 112 FEET WIDE; THENCE 5) NORTH 57° 58' 43" EAST ALONG SAID AVENUE 90.50 FEET TO THE BEGINNING POINT OF A CURVE TO THE RIGHT HAVING 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
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 AVENUE, 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. 1", 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 AVENUE, 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 HAVING A RADIUS 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 RADIUS 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' 35" 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 FROM THE MOST EASTERLY CORNER OF SAID PARCEL; THENCE FROM SAID POINT OF BEGINNING NORTH 74° 50' 00" EAST, 195.49 FEET TO A POINT IN THE NORTHWESTERLY LINE OF CHESTNUT AVENUE, 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 AVENUE.
APN: 011-322-030
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. 1B, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 798, WESTBOROUGH UNIT NO. 1B, 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 RADIUS 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
PARCEL 2:
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. 1B, SAN MATEO COUNTY, CALIFORNIA", FILED IN 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 BOULEVARD 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; LEAVING 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 BOULEVARD; 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 BOULEVARD 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, SUBTENDING A CENTRAL ANGLE OF 86° 48' 02", AN ARC DISTANCE OF 45.45 FEET TO THE TRUE POINT OF BEGINNING.
APN: 091-150-090
EXHIBIT B
BASE RENTAL PAYMENT SCHEDULE
Interest Payment Date*
Principal
Component
Interest
Component
Total
Base Rental
EXHIBIT C
DESCRIPTION OF 2022A PROJECT
|
4882-3238-8890v5/200855-0008
4882-3238-8890v5/200855-0008
4882-3238-8890v5/200855-0008
A-11
4882-3238-8890v5/200855-0008
A-1
4882-3238-8890v5/200855-0008
B-2
4882-3238-8890v5/200855-0008
B-1
4882-3238-8890v5/200855-0008
C-1
4882-3238-8890v5/200855-0008
4882-3238-8890v5/200855-0008
4882-3238-8890v5/200855-0008
i
4882-3238-8890v5/200855-0008
6 4882-3238-8890v5/200855-0008
4882-3238-8890v5/200855-0008
A-2
4882-3238-8890v5/200855-0008
S-1
4882-3238-8890v5/200855-0008
4882-3238-8890v5/200855-0008
* Base Rental Payments to be made no later than the Base Rental Deposit Date preceding each Interest Payment Date.
Stradling Yocca Carlson & Rauth
Draft of 5/5/22