University leases: Sigma Alpha Epsilon House, "Bachelors Hall", and blank form

Note: On March 5, 1901 Articles of Incorporation of California Alpha of Sigma Alpha Epsilon were filed in the office of the County Clerk of Santa Clara County, California.

SAN JOSE ABSTRACT COMPANY SAN JOSE, CAL. 9

TAXES

STATE AND COUNTY

Fiscal years

1900-1901

to

1907-1908 Not assessed

NO JUDGMENT LIENS

Against The Sigma Alpha Epsilon House Association, a corporation, or California Alpha of Sigman Alpha Epsilon, a corporation.

The foregoing ABSTRACT consisting of pages one to 10 inclusive, made at SAN JOSE, CALIFORNIA, APRIL TWENTIETH 1908 at Nine o'clock A. M.

SAN JOSE ABSTRACT COMPANY

By T. C. Edwards

Manager.

SAN JOSE ABSTRACT COMPANY

SAN JOSE, CAL.

T. G. Crothers Geo. E. Crothers

LAW OFFICES OF

CROTHERS & CROTHERS

MILLS BUILDING

Telephone, Main 798

SAN FRANCISCO, Cal. Sept. 2, 1902.

Chas. G. Lathrop, Esq.,

819 Market Street, City.

Dear Mr. Lathrop;-

Kindly find enclosed herewith a copy of the form of University lease recently printed with a typewritten clause inserted covering the objection to granting leases to fraternities and student associations, which we discussed with Mrs. Stanford some time ago. Though as I have already stated to you, I think that University has full jurisdiction over all students and fraternities wherever they may reside. I think it would be just as well to incorporate this clause in the leases that there may be on hesitancy on the part of the University to hold each member of a fraternity responsible for the conduct of all.

In justice to the fraternities, I must state that I make this suggestion without having ever heard of any breach of discipline in a fraternity at the University.

Yours very truly,

G. E. Crothers

Lease and Agreement.

Whereas, the 11th day of November, 1885, Leland Stanford and Jane Lathrop Stanford, his wife, by a Grant and 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 designed as the "Palo Alto Farm", which tract of land is more particularly described in Schedule "A" attached to say Grant and made a part thereof.

And Whereas, the Grantors named in said Grant did 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, 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 Funder, 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 said 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 part_____of the second part, for and during the full term of ten (10) years from________________, 190_____, to-wit: from said dae to the__________day of ____________, 19_____, the following premises, to-wit: Th____Certain lot ___or Parcel___of land situate on the lands known as the "Palo Alto Farm," and being now the grounds of said Unversity, in the County of Santa Clara, State of California, and more particularly described as follows:________________________________________________________________ __________________________________________________________________________________________________________________________________________________ To have and to hold the same to the said part___of the second part,_____________ heir, executors, administrators, successors and assigns, for and during the said term of ten years, or until the termination of this lease, as hereinafter provided. The part_____of the second part covenants and agrees to pay to the party of the first part, or the successors, at the office of the Treasurer and Business Manager of said University, the annual rent or sum of___________________________________ Dollars per annum, for the use and occupation of said premises; the first years'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 part . . . . . of the second part . . . . . 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: . . . . .

it being specially covenanted, agreed and understood that the same shall never at any time be used as a boarding or lodging house, without the written consent of the party of the first part, or her successors, and under her or their entire control.

And said part . . . . . of the second part hereby covenants and agrees to commence and complete houses and other improvements within the period of one year from the commencement of the term of this lease, ready for use and occupation, said houses and improvements to cost not less than the sum of . . . . . Dollars, the same and all modifications and all other improvements to meet the approval of said party of the first part, or her successors; and the part . . . . . of the second part covenant . . . . . and agree . . . . . , 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 or made by . . . . . , and the location of all such improvements upon the premises, the same to meet with her approval or the approval of her successors.

Every building contract, by recital or by reference to this lease, shall show the extent of the interest of the part . . . . . of the second part in the said premises. The part . . . . . 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. Before the commencement of any such improvement the party of the first part may require that 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 Leland Stanford Junior University and the property thereof against all mechanics' and other liens growing out of, or incident to, the erection and making of such improvement.

Said part . . . . . 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.

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

Upon the expiration of this lease by the lapse of the term of ten years hereby created, in case no renewal or extension thereof shall be granted, or by the expiration of such extension or renewal in case an extension or renewal shall be granted by the party of the first part, or her successors, the party of the first part for herself and her successors in trust, the Board of Trustees of the Leland Stanford Junior University, covenants and agrees to purchase and pay for the house and other improvements erected by the part . . . . . of the second part, or . . . . . successors, heirs or assigns, which shall then remain upon said premises, at a fair valuation (not exceeding the sum of . . . . . . . . . . Dollars), to be fixed by arbitration in the usual manner; each of the parties hereto selecting one disinterested arbitrator and the two so selected to choose a third, if necessary; the written valuation of any two of the arbitrators to be final and binding upon both parties hereto. If for any reason either party hereto shall neglect or refuse for twenty days after the termination of this lease to name and select the appraiser to be appointed by said party, then the other party shall be at liberty to name and appoint the second of such appraisers also.

Said part . . . . . of the second part hereby covenant . . . . ., promise . . . . . and agree . . . . . that . . . . . 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, except as herein specified, without first having obtained the consent in writing of said lessor or her successors, and such consent must be obtaintaed to each subsequent sale, transfer or assignment.

And said part . . . . . of the second part covenant . . . . ., promise . . . . . and agree . . . . . that . . . . . will not let or underlet the whole or any part of said premises as a private residence, or for any other purpose not herein expressly specified, without, in every case, having first obtained the consent in writing of the party of the first part of her successors.

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.