Legal documents [photocopies], 1900-1904

Agreement

Lease

Recorded at the request of C G Lathrop April 10 A. D. [insert: 1904] at 7 min past 9 A.M. in Vol. L of Leases page 459 et seq. Records Santa Clara County, Cal.

G H Treanor Recorder

225

[right margin] 29887 [/right margin]

THIS LEASE AND AGREEMENT WITNESSETH: That the BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, the 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 Town of Mayfield, a municipal corporation of the sixth class regularly organized under the laws of California, the party of the second part, for and during the full term of twentygive (25) years from July 1st, 1904, to-wit: from said date to the 30th day of June, 1929, the following premises, to-wit:

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

A portion of the lands of the Leland Stanford Junior University, lying southerly of that portion of the Town of Mayfield known as College Terrace, and more particularly bounded and described as follows: Beginning at a point which bears south 7 degrees 35-1/2' east, distant 303-8/10 feet from the intersection of the southerly boundary of said Town of Mayfield with the westerly line of Palo Alto Avenue produced southerly to such intersection and running thence South 56 degrees 30' East 200 feet; thence S. 33 degrees 30' W. 200 feet; thence N. 56 degrees 30' W. 200 feet; thence N. 33 degrees 30' E. 200 feet to the point of beginning.

Also a right to lay and maintain a pipe line along the following line: Beginning at a point in the southerly boundary of the Town of Mayfield, said point being 18 feet southeasterly from the intersection of said southerly boundary with the westerly line of Palo Alto Avenue produced to said intersection; and running thence on a course South 7 degrees 4-1/2' East to the Reservoir, the distance to the center of the reservoir site as described above being 433-1/10 feet. The right to lay and maintain pipe along said line, including the right to enter upon the premises and make

such excavation and perform such other labor as may become necessary in the maintenance of the pipe line.

TO HAVE AND TO HOLD the same to the said party of the second part, for and during the said term of twenty-five (25) years, or until the termination of this lease as hereinafter provided.

The party of the second part covenants and agrees to pay to the party of the first part, at the office of the Treasurer and Business Manager for said party of the first part, the annual rent or sum of Twenty-five ($25.00) Dollars per annum, for the use and occupation of said premises; the first year's rent being payable on the signing of this lease, and thereafter all rent shall be payable annually in advance, at the beginning of each year of the term hereby created.

And said party of the second part is hereby given and granted the right and privilege of erecting a water reservoir for the Mayfield Town water-works thereon, it being specially covenanted, agreed and understood that the same shall never at any time be used for any other purpose, the same and all modifications and all other improvements thereof to meet the approval of said party of the first part, and the party of the second part covenants and agrees, before the commencement of any improvements, to deliver to said party of the first part, a complete set of plans and specifications of all improvements proposed to be erected or made by it, and the location of all such improvements upon the premises, the same to meet with the approval of the party of the first part.

Every building contract, by recital or by reference to this lease, shall show the extent of the interest of the party of the second part in the said premises. The party of the second part covenants and agrees to hold harmless the party of the first part from, and protect the demised premises against, any and all liens occasioned by the erection of maintenance of said buildings

or improvements upon said land. Before the commencement of any improvement the party of the first part may require that the party of the second part, or the contractor or other person erecting or making the same shall give a good and sufficient bond, in a sum not exceeding the cost of the improvement in contemplation, protecting the party of the first part and the demised premises against all mechanics' and other liens growing out of, or incident to, the erection or making of such improvement.

Said party of the second part hereby covenants, promises and agrees that it will not sell, assign or transfer this lease or any part or portion of the term hereby created, or sell, assign or dispose of the improvements that may be erected on said premises, as security or otherwise, without first having obtained the consent in writing of said party of the first part, and such consent must be obtained to each subsequent sale, transfer or assignment.

And said party of the second part covenents, promises and agrees that it will not let or underlet the whole or any part of said premises.

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 upon a violation of this covenant this lease shall terminate and become void.

The party 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 upon said premises during the term of this lease, or any extension thereof, the party of the first part paying the taxes assessed upon the land.

In case of the 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 terminate, if said party of the first part shall so elect, and all rights of the lesse shall cease and terminate forthwith, and said

(3)

party of the first part shall be entitled to the possession and enjoyment of said premises.

And said party 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 premises and all buildings and improvements erected thereon in good order and condition and neat and clean in appearance, to properly maintain as a lawn so much of said premises as the party of the first part may designate, and to allow no weeds to grow or rubbish or debris to accumulate upon the premises, or any nuisance to be maintained thereon.

The party of the second part hereby agrees to indemnify the party of the first part in full for any damages and expenses caused at any time during the continuance of this lease by reason of damages to adjoining property or of any liability for injuries to person or property occasioned by the erection or maintenance of said improvements, or because of carelessness in the use of said property, and the party of the second part assumes responsible control of said property and primary liability for any injury to person or property occasioned by the careless use thereof during the term of this lease or any extension thereof.

Upon the expiration or termination of this lease for any reason the said party of the first part may re-enter upon said premises and take possession of the same, removing all parties therefrom, and the buildings and improvements upon the premises shall become and be the property of the party of the first part.

A failure by the party of the first part to terminate this lease for the violation of any covenant thereof, shall not be construed to constitute a waiver of the right to terminate the lease for a continuation or repetition of such violation.

The party of the first part covenants and agrees to and with the party of the second part that the said party of the second part paying the said rent and observing and fulfilling the