Legal documents [photocopies], 1900-1904

Lease and Agreement

Whereas, on the 11th day of November, 1885, LELAND STANFORD and JANE LATHROP STANFORD, his wife, by a Grant founding and endowing the LELAND STANFORD JUNIOR UNIVERSITY, conveyed to certain Trustees therein named, among other things, that certain tract of land situated partly in the County of Santa Clara and partly in the County of San Mateo, in the State of California, and now commonly known and designated as the "Palo Alto Farm," which tract of land is more particularly described in Schedule "A" attached to said Grant and made a part thereof.

And Whereas, the Grantors named in said Grant did, by the provisions of subdivision one of Article II thereof, elect, in relation to the property thereby conveyed to said Trustees, and in relation to the erection, maintenance and management of the institution thereby founded, to perform during their lives all the duties and exercise all the powers and privileges which by the terms of the said Grant were enjoined upon and invested in the Trustees therein named, and their successors.

And Whereas, by subdivision three of Article IV of said Grant, one of the powers invested in said Trustees was to manage and control the Trust property, care for and improve the same.

And Whereas, by the provisions of subdivision three of Article XIII of said Grant, the right to improve, manage, lease and control the Trust property is reserved to the Grantors, and to the survivor of them.

And Whereas, it is deemed advisable to lease certain portions of said premises conveyed as aforesaid.

Now, Therefore, This Lease and Agreement Witnesseth: That JANE LATHROP STANFORD, as Surviving Founder, in the performance of the duties and in the exercise of the powers and privileges aforesaid, and in the execution of the trust, in the place of the Trustees named in the Grant, party of the first part, for and in consideration of the covenants hereinafter expressed, and the rents reserved, does hereby demise and lease unto The Sigma Alpha Epsilon House Association, a corporation, under the laws of the State of California, and having its principal place of business, in the County of Santa Clara, State of California the parties of the second part, for and during the full term of ten (10) years from the First day of May, 1901, to wit: from said date to the First day of May, 1911, the following premises, to wit:

The certain lot or parcel of land situate on the lands known as the "Palo Alto Farm" and being now the grounds of said University, in the County of Santa Clara, State of California, more particularly described as follows:

Beginning at a stake, at the intersection of Lasuen St. and Salvatierra Street, and running in a South Easterly direction, along said Salvatierra Street 527 ft to a stake the commencement of said lot. Running in a South Easterly direction from said stake 165 feet, thence at right angles, South Westerly 100 feet, to the North side of Lane A, thence at right angles { ?} along said North line of Lane A 165 feet, thence at right angles North Easterly 150 feet to point of commencement on as shown on Map of said premises hereto attached.

Lease and Agreement.

Whereas, { ?} day of November, 1885, LELAND STANFORD and JANE LATHROP STANFORD, his wife, by a Grant

To have and to hold the same to the said parties of the second part, their heirs, executors, administrators and assigns, for and during the said term of ten years, or until the termination of this Lease, as hereinafter provided.

The parties of the second part covenants and agrees to pay to the party of the first part the annual rent or sum of Fifty (50) Dollars, for the use and occupation of said premises, the first year's rent being payable on the signing of this Lease, and thereafter all rental shall be payable annually in advance at the beginning of each year of the term hereby created.

And said parties of the second part is hereby given and granted the right and privilege of erecting houses, outbuildings and other improvements on said demised premises, the same to be used for the following purposes alone, and for no other, that is to say:

As a Fraternity House to be used only by the Sigma Alpha Epilson House Association

it being specially covenanted, agreed and understood that the same shall never at any time whatever be used as a boarding or lodging house.

And said parties of the second part hereby covenants and agrees that they will commence and complete said house and other improvements within the period of one year from the commencement of this lease, ready for use and occupation, said house and improvements to cost not less than the sum of Six Thousand (6,000) Dollars Dollars and to meet the approval of said party of the first part, or her successors, and the parties of the second part covenants and agrees, before the commencement of any improvements, to deliver to said party of the first part, or her successors, a complete set of plans and specifications of all improvements proposed to be erected by them, the same to meet with her approval or the approval of her successors.

Said parties of the second part further covenant and agree to lay a sidewalk of stone, asphalt or cement, not less than four feet in width, in front of said premises, on the grade to be established by the party of the first part.

The parties of the second part covenant and agree to hold harmless the party of the first part from any and all liens occasioned by the erection of said buildings or improvements upon said land.

Said parties of the second part are hereby given the right, at their own cost and expense, to connect with all sewer and water mains where necessary, the cost of water privileges in connection with the premises to be paid by said parties of the second part.

At the expiration of said term of ten years the said Lessor, or her successors, shall, if so requested in writing by the Lessee at least three months in advance of such expiration, either renew this Lease for the further term of ten years upon all the same terms, conditions and stipulations as are in this Lease contained, except that in case during any year or years of said second term the taxes on said land shall be increased over and above the rate existing at the date of the signing of this Lease, then and in such event the rental for said land for such years shall be correspondingly increased, or if such renewal of Lease shall not be granted by the Lessor or her successors, then she or her successors in said trust shall purchase and pay for the houses or other improvements erected by the Lessee which shall then be standing on said premises at a fair valuation to be fixed by arbitration in the usual manner: each of the parties hereto selecting one arbitrator and the two so selected to choose a third, if necessary; the written valuation by any two of the arbitrators to be final.

At the expiration of said renewed term of ten years, (if this Lease shall have been so renewed) the said Lease shall thereafter be renewed for successive terms of ten years (or in default of such renewal, all improvements then on said premises shall be purchased by the successors of said Lessor in the manner herein provided,) upon all the same terms, conditions and stipulations as are in this Lease contained, excepting, however, that the rental for said demised premises shall be fixed and determined by the successors of said Lessor at such sum as to them shall seem fair and commensurate with the then value of said land; and it is hereby specially covenanted, agreed and understood that said sucessors shall have and they are hereby given the sole and exclusive right to fix and determine the rental for said third term of ten years, and the amount so fixed and determined by them shall be the rental for the extension of ten years then about to commence, and said parties of the second part covenant and agree to pay the same in lieu of said rental stipulated for the second term of ten years herein provided for; provided, however, that no rental shall ever be paid for said demised premises less in amount than the rental stipulated for said first term of ten years under this Lease.

And it is hereby declared to be the duty of the Board of Trustees of the Leland Stanford Junior University after the decease of said Lessor to cause this Lease and Agreement to be renewed for successive terms of ten years, upon the terms and in the manner herein set forth for said third term, whenever thereunto duly requested by the person or persons lawfully entitled to occupy the said demised premises in virtue hereof, or if such renewal be refused, to purchase and pay for the improvements on said demised premises in the manner herein provided.

Said parties of the second part hereby covenants, promises and agrees that they will not sell, assign or transfer this Lease or any part or portion of the term hereby created, or sell or dispose of the improvements that may be erected on said premises, without first having obtained the consent in writing of said Lessor or her successors.

And said parties of the second part further covenants, promises and agrees that he will not borrow money for the erection of improvements on said demised premises from any building and loan society or corporation, or similar institution.

It is hereby expressly covenanted, agreed and understood that no malt, spirituous or intoxicating liquors of whatever kind shall ever at any time be sold on the demised premises, and a violation of this covenant shall work a forfeiture.

The said parties of the second part further covenants and agrees to pay any and all assessments and taxes which may be levied or assessed upon any and all improvements on said property during the term of this Lease, the party of the first part paying the taxes assessed upon the land. In case of destruction of the improvements by fire or action of the elements the same shall be restored by the party of the second part within one year thereafter or this Lease shall be forfeited, if said party of the first part shall so elect, and all rights of the Lessee, his heirs, administrators, executors, successors and assigns, shall cease and determine forthwith, and said party of the first part or her successors shall be entitled to the possession and enjoyment of said premises.

And said parties of the second part does hereby covenant, promise and agree at all times during the continuance of this Lease, or of any extension of the same, to keep and maintain said demised premises and all buildings and improvements erected thereon in good order and condition, and neat and clean in appearance, and to allow no rubbish piles or debris to accumulate upon the premises, or any nuisance to be main-

[next three lines lost in paper wrinkle]

STATE OF CALIFORNIA COUNTY OF SANTA CLARA - - ss.

On this 20th day day of March in the year of our Lord one thousand nine hundred and one, before me GEORGE A. CLARK, a NOTARY PUBLIC in and for said County of Santa Clara, duly commissioned and sworn, personally appeared WILLIAM M. PARKIN and CHARLES W. SELL, known to me to be the President and Secretary respectively of the Corporation described in, and who executed, the within and annexed instrument, and acknowledged to me that such Corporation executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand, and affixed my Official Seal, at my office at Stanford University in the County of Santa Clara, the day and year in this Certificate first above written

George A. Clark Notary Public in and for said Santa Clara Countym State of California.

The Sigma Alpha Epilson House Ass'n Wm M. Parkin, Pres. Chas. W. Sell, Sect.

[many stamps affixed to bottom of page]

29891

[left margin] Completion

Stanford

4.50[/left margin]

Notice of Completion

Stanford with [Massey ?]

Chas. E. Hodges

Oct 28 1904

at 25 min past 9 o'clock

A[M] in volume 15 of

miscl page 481

et seq. Records Santa Clara County, Cal.

G. W. Treanor

1.00