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1995-112-Execute A Rental Agreement With The Chrysler Realty CorporationRESOLUTION 1995 - 112 RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A RENTAL AGREEMENT WITH THE CHRYSLER REALTY CORPORATION WHEREAS, the Los Gatos Police Department is sponsoring a community- oriented Halloween event at Oak Meadow Park; and, WHEREAS, a location near Oak Meadow Park is needed to make the sets, effects and costumes; and, WHEREAS, the Chrysler Realty Corporation, as lessees of the property at 620 Blossom Hill Road, will make available that building pursuant to a two -month rental agreement; NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized, and is hereby directed, to execute a rental agreement with the Chrysler Realty Corporation attached as Exhibit A in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of September, 1995 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Patrick O'Laughlin NAYS: None ABSENT: None ABSTAIN: None n SIGNED: MAYOR OF THE TOWN F LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA fir 1C7� f2 LEASE AGREEMENT BETWEEN CHRYSLER REALTY` CORPORATION AND THE TOWN OF LOS GATOS Delaware corporation, having an address of 1450 West Long Lake Road, Suite 280, Troy, Michigan 48098 (hereinafter referred to as "Landlord ") and the Town of Los Gatos, California, having an address of 110 E. Main Street, Los Gatos, California, 95032 (hereinafter referred to as "Tenant "). RECITALS WHEREAS, Landlord is the tenant of certain real property situated in Los Gatos, California, located at 620 Blossom Hill Road, as described on Exhibit "A ", a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, Landlord desires to let upon Tenant and Tenant desires to hire and take the aforesaid real property; and WHEREAS, Landlanrd would not have entered into this Lease but for the fact that Tenant has agreed not to assign this Lease and not to enter into any sublease of said real property and Tenant has freely negotiated and agreed that it shall have no right to assign or sublet; and NOW, THEREFORE, in consideration of the foregoing, of the rents hereinafter reserved and of the covenants, agreements and conditions of Landlord and Tenant herein contained, the parties hereto covenant and agree as follows: DEMISED 1. Landlord does hereby let unto Tenant and Tenant does hereby hire and take the PREMISES parcel or parcels of land described on Exhibit "A" hereto with the buildings and improvements now or hereafter erected thereon, with the specific agreement that this is an absolutely net Lease to Landlord, that it is the intent of the parties hereto that all costs or expenses arising out of this Lease which are in excess of those costs and expenses which Landlord would have if this Lease Agreement were not in effect, are to be paid by the Tenant hereunder and that any and all monies expended by Landlord which are in excess of those costs and expenses which Landlord would have if this Lease Agreement were not in effect, are to be reimbursed to Landlord by Tenant. The above described real property and all buildings and building equipment (including, but not limited to, if any, hoists, front -end machines, water coolers, paint spray booths and drying ovens, fire extinquisher, fire prevention equipment, air compressors and window air conditioners), structures, improvements, machinery, fixtures, pavement, walks, fences, sshrubbery and signs now or hereafter located on the above described property except furniture, trade fixtures and other property belonging to Tenant, are herein collectively referred to as the "premises" and may be used for any lawful purpose not injurious to the reversion. Tenant takes subject to restrictions, easements, zoning ordinances, building and use restrictions and all other laws, ordinances, rulings or regulations applicable to the premises. 2 TERM 2. The term of this Lease shall be two (2) months beginning on the 6th day of September, 1995, and ending on the 5th day of November, 1995, unless sooner terminated as hereinafter provided. RENT 3. Tenant shall pay to Landlord at Landlord's address above set forth or at such other place as Landlord may from time to time designate in writing, rent for the said tern in the total amount of one dollar ($1.00), which said rent shall be paid in monthly installments as follows: at the time of the execution of this Lease Agreement in lawful money of the United States. Tenant agrees to pay without demand the said rent in the manner aforesaid and such other sums as are hereinafter providedd to be paid as additional rental and any and all other sums and charges hereinafter specified by separate payment and without setoff or deduction whatsoever. Although not as obligated, Landlord shall, on a monthly basis, furnish Tenant with a statement setting forth all amounts due to Landlord pursuant to this Lease. Regardless of the receipt or non - receipt of said statement, Tenant shall be obligated to make all payments to Landlord pursuant to this Lease, in advance, so as to enable Landlord to receive payment on the first business day of each month. Should any montly rental payment be postmarked on or subsequent to the first business day of each month, the parties hereby agree that the amount of damages sustained by the Landlord as a result of such deliquency would be impractical or extremely difficult to fix, but that two per cent (2 %) of the total monthly rental payment would be a reasonable estimate of Landlord's damages and, therefore, that Tenant shall pay to Landlord, as liquidated damages for any such delinquency, a late charge equal to two per cent (2 %) of the totalmonthly rental payment. TAXES AND ASSESSMENTS FIRE INSURANCE UTILITIES 4 All matters pertaining to the assessment and taxation of Tenant's personal property shall be Tenant's sole responsibility. All matters pertaining to assessment of ad valorem taxex on land, buildings and Landlord's personal property included in the premises shall be the sole responsiblity of the Landlord. Landlord shall pay all real and personal property taxes and assessments. Landlord shall be reimbursed by Tenant for all such liability upon demand by Landlord for any taxes and assessments relating solely to the personal property of the Tenant. In the event that the Landlord shall have received excess additional rentals from Tenant, any such excess may be refunded to Tenant, provided that Tenant shall not be indebted to Landlord under other provisions of this Lease or shall be applied as a credit to any future additional rent Tenant may be obligated to pay. Tenant shall be responsible for standard fire and extended coverage insurance on the premises and Tenant shall not do nor permit to be done any act or thing or omit to do any act or thing which will invalidate or be in conflict with the fire insurance policies covering the building or buildings constituting a part of the premisaes. Tenant shall use the premises and each and every part thereof and the facilities, machinery and equipment therein contained at its own cost and expense, and shall pay or cause to be paid all charges which are in excess of those costs and expenses which Landlard would have if this Lease Agreement were not in effect for gas, electricity, light, heat, power, telephone, maintenance, landscaping services, and 0 REPAIRS AND MAINTENANCE other services used, rendered or supplied upon or in connection with the premises and each and every part thereof. Except as specifically provided in Paragraph 20 herein, Tenant covenants and agrees that it shall, at its own expense and during the continuanace of this Lease, put, place and keep the premises, including landscaping and plate glass, in at least the same order and repair as of the date hereof and it shall promptly make any and all repairs or replacements necessary for that purpose, whether or not any of such repairs shall be interior or exterior, extraordinary as well as ordinary, whether or not such repairs or replacements shall be of structural nature and whether or not the same can be said to be within the present contemplation of the parties hereto. Tenant further covenants and agrees that it shall not install nor permit to be installed on the premises an underground storage tank(s) of any kind or nature. Landlord may have acess to the premises at reasonable times for the purpose of inspecting the premises, but such right of access shall not be construed as obliging Landlord to make any of said repairs to, or replacement of, any part of the premises or as obliging Landlord to make any such inspection. Where an inspection reveals that repairs or replacements are necessary, Landlord shall give Tenant notice in writing, and thereupon Tenant shall, within thirty (30) days after said notice, make such repairs in a good and wormanlike manner. In the event that Tenant does not make the said repairs or replacements within thirty (30) days after notice from landlord, Landlord may thereupon declare the Tenant in default and, further, declare this Lease terminated or Landlord may enter upon the premises, make the said repairs or replacements itself and charge the cost thereof CONDITION OF PREMISES SURRENDER to Tenant as additional rental. Should Landlord elect to make such repairs or replacements, Tenant does hereby waive any claims or damages, of whever kind or nature, that Tenant may sustain by reason of such action by Landlord. Tenant shall, at all times during the term of this Lease, keep the sidewalks adjoining the premises in at least the same order and repair as of the date hereof and free from snow, ice or any unlawful obstructions. Tenant acknowledges that it has inspected the premises including the hoists, heating, cooling, electrical and plumbing systems, prior to entering into this Lease, knows the condition thereof and further acknowledges that no representations as to the condition or state of repairs thereof have been made by Landlord or its agents, which are not herein expressed. Tenant hereby accepts the premises in its present condition subject to all faults of every kind and nature whatsoever whether latent or patent and whether now or hereafter existing. Tenant shall, on the last day of the term of this Lease or any earlier termination thereof, peaceably surrender and deliver up the premises into the possession of Landlord, its successors or assigns, in as good order, condition and reapir as when delivered to Tenant. Upon such surrender, all equipment in and on the premises shall be presumed to be owned by the Landlord unless the Tenant owns any item of equipment and that said item of equipment was no installed as a replacement for existing equipment. Cj. COMPLIANCE WITH LAWS 10 Tenant shall, at all times during the term of this Lease, at its own cost and expense, perform and comply with all present or future laws, rules, orders, ordinances and regulations of the United States of America, of state, county or city governments, of any authority, department or bureau thereof and of any other municipal, governmental or lawful authority having jurisdiction over the premises whatsoever, relating to, or in any manner affecting the premises, the adjacent sidewalks and landscaping, including fixtures and /or equipment or any buildings thereon or the use thereof. Without limiting the generality hereof, Tenant acknowledges and agrees to comply with all conditions or restrictions relative to the use of the premises. In the event that the Tenant shall fail to perform any obligation required hereunder and such failure shall continue for a period of five (5) days after written notice to Tenant from either Landlord or a governmental agency authorized to enforce any law, ordinance or regulation, Landlord may, but shall be under no obligation to, perform on Tenant's behalf, provided, however, that Tenant shall then pay to Landlord any costs incurred thereby or Landlord may thereupon declare the Tenant in default and, further, declare this Lease terminated. ASSIGNMENT AND SUBLETTING 11 Tenant shall not assign, hypothecate or mortgage this Lease nor sublet the premises or any part thereof and any assignment (whether it is voluntary, involuntary or by operation of law), transfer, hypothecation, mortgaging or subletting shall be void, shall entitle Landlord to terminate this Lease and shall constitute a default hereunder. Tenant agrees that Landlord has no duty, including any duty implied by law, to consent or agree (a) to any assignment, transfer, hypothecation, mortgaging or subletting prohibited by this Paragraph. ALTHERATIONS, ADDITIONS AND IMPROVEMENTS 12 Tenant shall not make any alterations, changes, additions or improvements to the premises without Landlord's written consent and all alterations, changes, additions or improvements made by either of the parties hereto upon the premises, except movable office furniture and trade fixtures installed at the expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the premises upon the expiration of this Lease, or any sooner termination thereof, except as Landlord may elect as otherwise hereinafter provided. Should Landlord so elect, such alterations, changes, additions, or improvements made by Tenant upon the premises, as Landlord shall selct, be removed by Tenant and Tenant shall restore the premises to the original condition thereof at its own cost and expense within thirty (30) days after notice from Landlord of such election, such notice to be given not later than twenty (20) days follwoing expiration of the term of this Lease or any sooner termination thereof. The movable furniture and trade fixtures of Tenant, however, shall remain Tenant's property at all times and shall be removed at the termination of this Lease. Any damage to the premises in the course of such removal shall be repaired by Tenant at Tenant's own cost and expense. RIGHT TO MORTGAGE PUBLIC LIABILITY INSURANCE 13 This Lease is and shall be subject and subordinate to all mortgages and ground or underlying leases which may now or hereafter affect the premises and to all renewals, modifications, consolidations, replacements and extensions thereof. In confirmation of such subordination, Tenant covenants and agrees to execute and to deliver upon demand such further instrument or instruments subordinating this Lease to the lien of any such mortgage or mortgages as shall be desired by Landlord, any mortgagees or proposed mortgagees. 14 Tenant shall, at its sole cost and expenses, provided and keep in force for the benefit of Landlord and Tenant, respectively, comprehensive general liability insurance in the minimum limits of liability with respect to bodily injury of $1,000,000.00 for each person and $1,000,000.00 for each occrrence, and with respect to property damage, $500,000.00 for each accident. The insurance shall include contractual liability coverage specifically insuring the agreements made by Tenant in this Paragraph and in the Paragraph following, shall cover the entire premises, including sidewalks, streets and ways adjoining the premises, shall be issued by insurance companies in a form satisfactory in Lanlord, shall name Landlord as an additional named insured and shall provide for at least twenty (20) days prior written notice to Landlard in the event of cancellation or any material change. Copies of such policy or policies shall be delivered to Landlord prior to the commencement of the term of this Lease and thereafter no later than twenty (20) days prior to the expiration date of the policy then in force. DAMAGE TO PERSON OR PROPERTY 15 Landlord shall not, in any event, be responsible, and Tenant hereby specifically assumes responsibility, for any injury or death of any persons (including employees of Tenant and Landlord) and damage, destruction or loss of use of any property, including the premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the premises and the sidewalks, streets, ways and curbs adjacent to the premises. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all claims, demands, suits, damages, liability and costs (including counsel fees and expenses) arising out of, or in any manner connected with any act or omission, negligent or otherwise of Tenant, landlord or third persons, or any of their agents, servants or employees which arise out of or are in any way connected with the erection, maintenance, use, operation, existence or occupation of the premises and the sidewalks, streets, ways and curbs adjacent to the premises. Tenant further shall defend, indemnify and hold Landlord harmless from claims, demands, suits, liability for damages for bodily injury or death of any persons, or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by Tenant of any covenant, term or provisions of this Lease. DESTRUCTION OR DAMAGE TO BUILDINGS 16 If and whenever during the term of this Lease, the building or buildings erected on the premises shall be destroyed or damaged by fire, explosion or perils normally insured against by standard fire and extended coverage insurance policies then and in every such event this Lease Agreement shall terminate save and except for Tenant to return the premises to Landlord in the same condition as of the date 10 hereof. MECHANIC'S LIEN 17 Tenant shall not do nor suffer anything to be done whereby the premises may be encumbered by any mechanic's or other lien or order for the payment of money. Tenant shall, at its own cost and expense, whenever and as often as any mechanic's lien purporting to be for labor, material or services furnished or to be furnished to Tenant, or other lien or order for the payment of money (except such as are based on acts or omissions of Landlord) shall be filed against the premises, cause such lien or order for the payment of money to be cancelled and discharged or record within thirty (30) days after the date of filing thereof. Tenant further agrees to indemnify and save Landlord harmless from tand against any and all costs, expenses, claims, losses or damages resulting therefrom or by reason thereof. DEFAULT AND REMEDIES 18 Landlord shall have the option, without prejudice to any remedies which may be available for non - payment of rent or for Tenant's breach of covenant, to declare the Tenant in default and to declaire this Lease immediately terminated and/or forfeited and the said term immediately ended (a) should Tenant fail to pay to Landlord any installment of rent or any additional rental or other charges as and when the same are required to be paid hereunder and should such failure continue for a period of fifteen (15) days after notice, (b) should Tenant fail to perform any of the other terms, conditions or covenants of this Lease and should such failure continue for a period of thirty (30) days after notice (except as otherwise provided in this Lease) or (c) should Tenant be lawfully dispossessed from the premises during the term of this Lease. Should the Landlord declare this Lease terminated 11 and /or forfeited, Landlord may reenter and repossess the premises, with or without process of law, using such force as may be necessary to remove all personal or chattels therefrom, and Landlord shall not be liable to any prosecution for any damage by reason of such re -entry or forfeiture. Should the Landlord declare this Lease terminated and /or forfeited and should Tenant continue in its possession and occupany of the premises after such declaration by Landlord, the Tenant shall do so as a trespasser and the Landlord shall be entitled to all remedies against Tenant that are provided by law in that situation. Notwithstanding such re -entry by Landlord, the Tenant shall, nevertheless, remain and continue liable to Landlord in a sum equal to the rent and any additional rental herein reserved for the balance of the term herein originally granted, less the amount of rental loss for the same period that Tenant proves could be reasonably avoided; provided, however, that Landlord shall not be liable in any way whatsoever for failure to relet the premises. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions of this Lease, Landlord shall have the right of injunction and the right to invoke any penalty allowed at law or in equity as if re- entry, summary proceedings and other remedies were not herein provided for. Reference in this Lease to any particular remedy shall not preclude Landlord from any other remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redeption granted by or under any present or future laws should Tenant be evicted or disposed for any cause or should Landlord obtain possession of the premises by reason of the violation of Tenant of any of the covenants and conditions of this Lease or otherwise. The word "re- enter" as used herein is not restricted to its technical legal meaning but is used in its broadest sense. 12 EFFECT OF WAIVER HOLDING OVER 19 The failure of Landlord to insist in any one or more instances upon the strict performance of any of the terms, covenants, conditions and agreements of this Lease or to exercise any option herein conferred, shall not be considered as waiving or relinquishing for the future any such terms, covenants, conditions, agreements or options, but the same shall continue and shall remain in full force and effect. The receipt of any rent or any part thereof, whether the rent be that specifically reserved or that which may become payable under any of the covenants herein contained or whether the rent be received from Tenant or from any one claiming under or through it or otherwise, shall not be deemed to operate as a waiver of the rights of Landlord to enforce the payment of rent or charges of any kind previously due or which may thereafter become due, of the right to terminate this Lease and to recover possession of the premises by summary proceedings or otherwise, as Landlord may deem proper, or of the right to exercise any of the rights or remedies reserved to Landlord hereunder or which Landlord may have at law, in equity or otherwise. 20 In the event that the Tenant shall remain on the premises after the expiration or sooner termination of the term of this Lease without having executed a new written lease with Landlord, such holding over shall not constitute a renewal or extension of this Lease. Landlord may, at its option, elect to treat Tenant as one who has not removed at the end of his term and thereupon, be entitled to all the remedies against Tenant as provided by law in that situation, or Landlord may elect, at its option, to treat such holding over a s a tenancy upon the same terms and conditions herein stated, except that such tenancy shall be on a month -to- month basis only and the rental due during such tenancy shall be in an amount equal to twenty thousand dollars per month. 13 "FOR SALE" OR "TO LET" SIGNS 21 Landlord may, during the term of this Lease, at reasonable times and during usual business hours, enter the premises to view them and, except in case of renewal or extension, may, at any time within two (2) months next preceding the expiration of the specified term, show the premises to others for the purpose of rental or sale and may affix to any suitable parts of the premises a notice for lease or sale thereof. RENT TO BE "NET" 22 It is intended that the rent and additional rental provided herein herein shall be an absolutely net return to Landlord for the term of this Lease, free of any expense or charges with respect to the demised premises, save and except to the extent as herein set forth. ENTIRE AGREEMENT 23 This Lease contains the entire agreement between the parties as to the premises and shall not be modified in any manner except by an instrument in writing executed by the parties hereto or their respective successor in interest. NOTICES 24 Any notice, bill, statement or communication which Landlord may desire or be required to give to Tenant, shall be deemed sufficiently given or rendered if in writing, delivered to Tenant personally or sent by registered or certified mail addressed to Tenant at the premises or at the last known business address of Tenant or left at either of the aforesaid places addressed to Tenant. The time of the rendition of such bill or statement and the giving of such notice or communication shall be deemed to be the time when the same is delivered to 14 SIGNS 25 QUIET ENJOYMENT 26 Tenant, mailed or left at the premises as herein provided. Any notice by Tenant to Landlord must be served by registered or certtified mail addressed to Landlord at the address herein above set forth or at such other address as Landlord shall designate by written notice. Tenant agrees that it shall not erect nor cause to be erected anysigns, notices or advertisements upon the premises or affix anything of such nature thereto, unless such signs, notices or advertisements shall be erected and affixed according to all laws, local regulations and ordinances, shall advertise only a business or use of the premises specifically authorized by this Lease and shall be approved, in writing, by Landlord. Tenant shall not erect any sign that by reason of its weight or size might damage the premises, nor shall Tenant paint any signs, notices or advertising on the exterior walls of the building or buildings without Landlord's prior written consent. Signs placed on the premises by Tenant shall be removed by it not later than the expiration date of this Lease or any sooner termination thereof, unless Landlord and Tenant agree otherwise, and upon removal of any such signs Tenant shall restore the premises to its original condition. Upon paying the rent, additional rent and other sum or sums of money and charges as herein provided and upon performing all of the covenants, conditions and agreements aforesaid, on Tenant's part to be paid, observed and performed, Tenant shall and may peaceably and quietly have, hold and enjoy the premises for the term aforesaid, subject, however, to the terms of this Leasee. 15 27 Tenant agrees that in the event that (a) without the written consent of Landlord, the premises shall become and remain vacant for a period of ten (10) days while the premises are suitable for use by Tenant, (b) the premises shall be used by any person other than Tenant, (c) the estate created hereby shall be taken in execution or by other process of law, (d) Tenant shall file a voluntary petition in bankruptcy or be adjudicated bankrupt, (e) any receiver shall be appointed for the business or property of Tenant, (f) Tenant shall become insolvent according to law or (g) Tenant shall make an assignment for the benefit of creditors, Landlord may lawfully enter into and upon the premises or any part thereof, repossess the premises and expel the Tenant and persons claiming under and through it, and remove any effects, forcibly if necessary, without being guilty of trespass or without prejudice to any remedies which may be available for non - payment of rent or for Tenant's breach of covenant. Upon entry as aforesaid, this Lease shall terminate and wholly expire, and Tenant covenants that in the event of such termination, it will indemnify Landlord against all loss of rent which Landlord may incur by reason of such early termination. SUCCESSORS AND ASSIGNS 28 Except as othersie provided herein, the terms and conditions of this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, representatives, successors or assigns. 16 MARGINAL ►` ATTORNEYS' FEES 30 The marginal notes are inserted only as a mater of convenience and for reference and in no way define, limit or describe the scope or intent of this Lease nor in any way affect this Lease. Words of any gender in this Lease shall be held to include any other gender and words in the sigular number shall be held to include the plural when the sens requires. In the event that legal action is commenced by any of the parties hereto to inteerpret or to enforce the terms of this Lease or to recover damages as a result of the breach thereof, the party prevailing in any such action shall be entitled to recover from the other party or parties all reasonable attorneys' fees and costs incurred by the prevailing party. 17 IN WITNESS WHEREOF, the parties hereto have executed this Lease by a duly authorized officer on the day and year stated in the commencement. LANDLORD: CHRYSLER REALTY CORPORATION By Its: State of _ County of _ On personally appeared before me, ( ) personally known to me - or - ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name(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) of the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 17 TOWN OF LOS GATOS: Police Department Signature APPROVED AS/ TOO FORM: V _ a A erson, Town Attorney FOR TOWN OF LOS GATOS avid Knapp, Town Manager ATTEST: Marian V. Cosgrove Clerk of the Tovni of Los Gatos 19 Date "'tr r 1W Date Date IIJI ! L87 1 Fa :0 182 I HIBXT *R" That certain parcel of land situate in the City of Town of Los Gatos, County of Santa Cikra, state of California, described as follows: PORTION Or LOT 51 as shown upon that cartaill map entitled, *Map of the Roberts subdivision,• which map was filed for record in the Office Of the Recorder of the County of Santa Clara, state of California, on August 20, 1596 in Book I of Maps, at page al, and more particularly described as follows: BEGINNING at a 1/4 inch iron Pipe set in the dividing line between Lots l and S, distant thereon North 54' 021 400 Newt 577.77 feet from the Northwesterly line of San Joee—los Gatos Road, me said Lots and Road are shown upon the MAP above referred to, said point of beginning also being the wasternmost corner of that caitain 3.602 acre tract of land as shown upon that certain Record of su1V&Y Nap filed for record on October S. 1962, in Book 153, of Nape, at page 6; thence from said point CC beginning North 05' S71 20" East along the Northwesterly line of said 2.602 acre tract for a distance of 261.11 feet; thence North 54 021 40 NAat and parallel with the dividing line between Lots S and 6, ae said Lots are shown upon the NAP above referred to for a distance of 221.66 feet to a point in the Southerly line of Blossom Hill Road, as said line was establishod by Parcel One in the used from Lynda Cheatham, t al, to the town of Los Gatos, a municipal corporation, dated September 17, 1960, recorded octobe 4, 96 . in Book 4939 Of official Records, page said thence North 794 520 40ft W69t Blossom Hill Road to% a distance of 157.76 feat; thence continuing along said last sentionad line, along an arc of a curve to the left, tangent to the preceding rourse, via a radius of 66u.00 feet, through a central angle of 70' 21' 03" for an arc distance of 296-64 fast to & 3/4 inch iron pips s t t the point of intersection n hereof with the 'said dividing line between tots A and 5; thence South 54' 021 to" East along said dividing line between Lots a and S for a distance of SSS.09 feet to the point of beginning. 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