REAL PROPERTY LEASE
DATED: December 1, 1995
BETWEEN: X.X. XXXXXXXX CO LANDLORD
AND: COLOR SPOT NURSERIES, INC. TENANT
Tenant wishes to lease from Landlord certain real property located in
Contra Costa County, California and described in attached Exhibit A (the "Land")
together with the potting house structure and all green-house structures (the
"Leased Improvements") presently on the Land. The Land and the Leased
Improvements are hereinafter referred to collectively as the "Leased Premises."
NOW, THEREFORE, Landlord hereby leases the Leased Premises to Tenant on the
following terms:
1. TERM; POSSESSION. The lease term shall be three (3) years commencing
on March 1, 1993 (the "Commencement Date") and, unless sooner terminated as
hereinafter provided, ending on February 29, 1996. Tenant will have the option
to renew this lease (i) at the end of the initial term for an additional one
year term and (ii) if the first option was exercised, at the end of the first
additional one year term for a second one year term, each such additional one
year term to commence on the day following expiration of the preceding term. A
renewal option shall be deemed exercised unless notice of nonexercise is given
by Tenant to Landlord at least six (6) months before expiration of the preceding
term. The terms and conditions of this lease will remain the same during the
renewal term(s).
2. RENTAL. Tenant will pay to Landlord annual rent of $252,000, payable
in advance in equal quarterly installments Of $63,000 on or before the first day
of each March, June, September and December during the lease term, commencing
March 1, 1993. Rent shall be paid to Landlord at Landlord's address set forth
in Section 14 hereof. If Tenant fails to make a rent payment within seven days
after it is due, Tenant shall pay Landlord a late charge of $3,150.
3. USE OF LEASED PREMISES. Tenant may use the leased Premises for any
lawful purpose.
4. MAINTENANCE.
4.1 OBLIGATION TO REPAIR. Except as otherwise provided herein,
neither Landlord nor Tenant shall have any obligation to maintain or repair all
or any part of the Leased Premises.
4.2 ROUTINE MAINTENANCE. If Tenant uses any Leased Improvements,
Tenant will provide such ordinary day-to-day maintenance of such Leased
Improvements as Tenant, in its sole,
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subjective judgement, determines to be necessary in the conduct by Tenant of its
business on the Leased Premises (which will not in any event require Tenant to
perform any major repairs, any repairs to the structure of the Leased
Improvements, or any repairs necessitated by defects in the Leased Improvements
as of the Commencement Date or necessitated by any present or future
noncompliance of the Leased Improvements with applicable statutes, codes,
regulations, ordinances, orders and other governmental requirements). For
purposes of this Section 4.2, Tenant will be deemed to be using a Leased
Improvement unless Tenant notifies Landlord that it is not using such Leased
Improvement.
4.3 REPLACEMENTS. Tenant, at its election, may replace or repair
all or any part of any one or more of the Leased Improvements if, in Tenant's
sole, subjective judgment, such replacement or repair is reasonably necessary in
the conduct by Tenant of its business on the Leased Premises. In making any
such replacement or repair, Tenant shall use such materials and
construction/repair techniques as Tenant, in its the sole, subjective
judgement, determines to be necessary in conduct by Tenant of its business on
the Leased Premises. Upon the end of the lease term, Tenant, at its election,
may remove (or leave) any such replacement or repair.
5. TAXES; UTILITIES.
5.1 PERSONAL PROPERTY TAXES. Tenant shall pay when due all personal
property taxes assessed against Tenant's personal property, equipment or trade
fixtures on the Leased Premises.
5.2 TAXES AND ASSESSMENTS. Tenant shall pay when due all taxes,
assessments, and public charges on the Leased Premises; provided that taxes and
assessments for any partial year during the lease term shall be prorated between
Landlord and Tenant on the basis of the portion of the tax year that Tenant
occupies the Leased Premises. Tenant may use any available installment payment
plans for special assessments and in such case shall be obligated to pay only
those installments coming due during the term of this lease.
5.3 PAYMENT OF UTILITIES CHARGES. Tenant shall pay when due all
charges for services and utilities incurred in connection with Tenant's use of
the Leased Premises.
6. LIABILITY TO THIRD PERSONS.
6.1 LIENS. Tenant shall pay as due all claims for work done on or
for services rendered on or for material furnished to the Leased Premises at
Tenant's request, and shall keep the Leased Premises free from any liens for
such work, services and materials, except. that Tenant may withhold payment of
any claim in connection with a good faith dispute over the obligation io pay, so
long as Landlord's property interest is not jeopardized.
6.2 CONTEST BY TENANT. If Tenant withholds payment of a claim and a
lien is filed as a result of nonpayment, Tenant shall (within 10 days after
knowledge of the filing) secure the
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discharge of the lien or deposit with Landlord cash or sufficient corporate
surety bond or other security reasonably satisfactory to Landlord in an amount
sufficient to discharge the lien plus all costs, attorneys' fees, and other
charges that could reasonably accrue as a result of a foreclosure or sale under
the lien.
6.3 INDEMNIFICATION OF LANDLORD. Tenant shall indemnify and defend
Landlord from any claim, loss, or liability arising out of or related to any
action or inaction of Tenant or its invitees.
7. INSURANCE AND DAMAGE.
7.1 INSURANCE. If Tenant maintains general liability insurance and
fire and casualty insurance with respect to its activities on the Leased
Premises, it will cause Landlord to be named as an additional insured on such
insurance as Landlord's interests may appear.
7.2 DAMAGE. If fire or other casualty materially damages the Leased
Improvements and if the total of (i) the insurance proceeds (if any) and (ii)
other proceeds made available by Landlord (at Landlord's sole discretion and
without obligations to make any such proceeds available.) available to Tenant
for rebuilding the damaged Leased Premises within 60 days following the date of
such damage are not sufficient in Tenant's reasonable judgment to rebuild the
damaged Leased Premises, Tenant may elect to terminate this lease by giving
written notice of such termination to Landlord within 70 days following the date
of damage. Neither Landlord nor Tenant shall have any obligation to restore the
Leased Improvements.
8. CONDEMNATION. If more than 30% of the Land area or more than 30% of
the Land are or more than 30% of the square footage of the Leased Improvements
is condemned, Tenant may elect to terminate this Lease as of the date upon which
possession of the Leased Premises is taken by the condemning authority by
written notice to Landlord. If a condemnation action is filed against the
Leased Premises or threatened by a condemning authority, Landlord is authorized
to negotiate with the condemning authority and will promptly notify and
cooperate with Tenant in the response to or defense of such action or threat;
provided, however, Landlord will not consent to or settle such condemnation
action or convey any portion of the Leased Premises under threat of condemnation
without first obtaining Tenant's approval thereof in writing, which approval
will not be unreasonably withheld. Neither Landlord nor Tenant shall have any
obligation to restore the Leased Premises. Landlord and Tenant shall
participate in the condemnation proceeds as their interests shall appear. Sale
of more than 30% of the Land area or more than 30% of the square footage of the
Leased Improvements to a purchaser with the power of eminent domain in the face
of a threat or the probability of the exercise of the power shall be treated as
a taking by condemnation. If less than 30% of the Land area or less than 30% of
the square footage of the Lease improvements is condemned or sold in lieu
thereof, a pro rata rent adjustment shall be made for the balance of the lease
term. If not more than a fifteen foot wide strip along the western boundary of
the land is condemned or sold in lieu thereof, such portion so condemned or sold
shall not be considered part
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of the Land for purposes of determining if 30% or more of the Land area was
condemned or sold in lieu thereof.
9. TRANSFERS BY TENANT. Tenant may assign Tenant's leasehold estate or
sublet any portion of the Leased Premises without the consent of Landlord;
provided, however, that no such transfer shall relieve Tenant of its obligations
hereunder.
10. ENVIRONMENTAL COMPLIANCE INDEMNITY. Tenant shall not engage in any
activity in its use of the Leased Premises which violates any environmental law.
Tenant shall indemnify and hold Landlord harmless from and against and reimburse
Landlord for all liabilities, claims, demands, costs, fees (including, without
limitation, attorneys' fees and expenses, whether incurred in arbitration,
trial, appeal or otherwise) and expenses incurred by Landlord or for which
Landlord becomes obligated arising out of any breach by Tenant of Tenant's
obligations pursuant to the preceding sentence.
11. DEFAULT. The following shall be events of default:
(i) if Tenant fails to make any rent or other , payment under this
lease within two business days. after written notice that it is due; or
(ii) if Tenant fails to comply with any other term or condition or
fulfill any other obligation of this lease within 30 days after written notice
by Landlord specifying the nature of the default with reasonable particularity.
If the default is of such a nature that it cannot be remedied fully within the
30-day period, this requirement shall be satisfied if Tenant begins correction
of the default within the 30-day period and thereafter proceeds with reasonable
diligence and in good faith to effect the remedy as soon as practicable.
12. REMEDIES ON DEFAULT. On the occurrence of any default by Tenant:
(i) Landlord may terminate Tenant's right to possession of the
Leased Premises by any lawful means, in which case this Lease shall terminate
and Tenant shall immediately surrender possession of the Leased Premises to
Landlord.
(ii) Landlord shall be entitled to recover from Tenant the following
damages incurred by Landlord by reason of Tenant's default: (a) the worth at
the time of the award of the unpaid rent which had been earned at the time of
the termination; (b) the worth at the time of the award of the amount by which
the unpaid rent which would have been earned after termination until the time of
the award exceeds the amount of such rental loss that Tenant proves could have
been reasonably avoided; (c) the worth at the time of the award of the amount by
which the unpaid rent which would have been paid for the balance of the term
after the time of award exceeds the amount of such rental loss that Tenant
proves could have been reasonably avoided; and (d) any costs or expenses
incurred by Landlord in recovering possession of the Leased Premises, Landlord's
reasonable attorneys' fees incurred in connection with reletting, and any real
estate commission paid
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or payable. As used in subparts (a) and (b) above, the "worth at the time of
the award" is computed by allowing interest on unpaid amounts at a per annum
rate equal to the discount rate of the Federal Reserve Bank of San Francisco at
the time of the award, plus 100 basis points, or such lesser amount as may then
be the maximum lawful rate. As used in subpart (c) above, the "worth at the
time of the award" is computed by discounting such amount at the discount rate
of the Federal Reserve Bank of San Francisco at the time of the award, plus 100
basis points.
(iii) Landlord may maintain Tenant's right to possession in which case
this lease will continue in effect whether or not Tenant has vacated or
abandoned the Leased Premises. In such event Landlord shall be entitled to
enforce all of Landlord's rights and remedies under this Lease, including the
right (subject to Landlord's duty to mitigate damages) to recover rent as it
becomes due hereunder.
(iv) Subject to Section 16 hereof, Landlord may pursue any other
remedy now or hereafter available to it.
13. SURRENDER AT EXPIRATION.
13.1 CONDITION OF LEASED PREMISES. Upon expiration of the lease term
or earlier termination on account of default, Tenant shall surrender the Leased
Premises in its then present condition, except that the amount of debris left on
the Land shall not be substantially more than the amount of debris on the Land
at the commencement of this Lease. Tenant is entitled to remove its property
from the Leased Premises at any time, and Landlord hereby acknowledges that all
fans, louvers, lights, heaters, fertilizer injectors and irrigation systems
currently on or used in connection with the Leased Premises are the property of
Tenant.
13.2 HOLDOVER. If Tenant does not vacate the Leased Premises at the
time required and Landlord accepts rent from Tenant, Tenant shall be a tenant
from month to month, subject to all of the provisions of this lease (except that
the term will be month-to-month and the rent will be $23,100 per month). If a
month-to-month tenancy results from a holdover by Tenant, the tenancy shall be
terminable by either party by giving written notice to the other not less than
30 days prior to the termination date which shall be specified in the notice.
14. WARRANTY OF QUIET ENJOYMENT. So long as Tenant complies with all
terms of this lease, Tenant shall be entitled to peaceable and undisturbed
possession of the Leased Premises free from any interference by Landlord or
those claiming through Landlord.
15. GENERAL PROVISIONS.
15.1 MODIFICATIONS. This lease may. not be modified except by
endorsement in writing attached to this lease, dated and signed by the parties.
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15.2 NONWAIVER. Waiver of performance of any provision of this lease
shall not be a waiver of nor prejudice the party's right otherwise to require
performance of the same provision or any other provision.
15.3 SUCCESSION. This lease shall bind and inure to the benefit of
the parties, their respective successors, and assigns.
15.4 NOTICES Any notice or notification to any party required,
permitted or contemplated hereunder will be in writing, will be addressed to the
party to be notified at the address set forth below, or at such other address as
each party may designate for itself from time by notice hereunder, and will be
deemed to have been validly served, given or delivered (i) five days following
deposit in the United States mails, by certified mail, with proper postage
prepaid, (ii) the next business day after such notice was delivered to a
regularly scheduled overnight delivery carrier with delivery fees either prepaid
or an arrangement, satisfactory to such carrier, made for the payment of such
fees, or (iii) upon receipt (provided that any notice received during non-
business hours will be deemed received at the beginning of the next business
hour) of notice given by telecopy, mailgram, telegram, telex, or personal
delivery:
To Landlord: c/o Xxxxxxx X. Xxxxxxxx
0000 Xxxxxxxx Xxxxx
Xxxxxx Xxxxx, Xxxxxxxxxx 00000
Telecopy No. (000) 000-0000
with a copy to: Xxxxxx X. Xxxxxx, Esq.
Xxxx Xxxxxxx
Suite 1700
0000 Xxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxxxx 00000
Telecopy No. (000) 000-0000
To Tenant: Color Spot Nurseries, Inc.
00000 Xxx Xxxxx Xxxx., 0xx Xxxxx
Xxx Xxxxx, Xxxxxxxxxx 00000
Telecopy No. (000) 000-0000
with a copy to: Xxxxx X. Xxxx, Esq.
Xxxxxx Xxxxxx Zavis & Weitzman
1999 Avenue of the Xxxxx
Xxxxx 0000
Xxx Xxxxxxx, Xxxxxxxxxx 00000
Telecopy No. (000) 000-0000
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15.5 APPLICABLE LAW. Except as otherwise provided in Section 16,
this lease shall be construed, applied and enforced in accordance with the
internal laws of the State of California without regard to its conflict of laws
doctrine.
16. ARBITRATION.
16.1 ARBITRATION. The parties acknowledge that this lease evidences
a transaction involving interstate commerce. Except as otherwise provided in
this Section 16, any controversy, dispute or claim of any nature arising out
of, in connection with or in relation to the interpretation, performance or
breach of this lease, including any claim based on contract, tort or statute,
shall be resolved at the request of any party to this lease by final and binding
arbitration conducted (i) by a member of the Judicial Arbitration & Mediation
Services, Inc. San Francisco Panel, (ii) at a location in San Francisco,
California selected by the arbitrator, and (iii) administered in accordance with
the Federal Arbitration Act (9 USC Sections 1 ET SEQ.) and the then existing
Rules of Practice and Procedure of Judicial Arbitration & Mediation Services,
Inc. Judgment upon any award rendered by the arbitrator may be entered by any
state or federal court having jurisdiction thereof. The arbitrator shall not be
empowered to award punitive damages..
16.2 INTERIM RELIEF. Any party may seek from a court any interim or
provisional relief that may be necessary to protect or preserve it's/his rights
under this lease pending the establishment of an arbitration proceeding under
this Section 16 and the arbitrator's determination of the merits of the
controversy; provided, however, that the arbitrator shall be empowered to
dissolve, discharge or otherwise release such interim or provisional relief at
any time before conclusion of proceedings upon a proper showing. The arbitrator
shall be empowered to award monetary damages to any party for loss occasioned by
such interim or provisional relief upon an ultimate showing of lack of merit.
16.3 DISCOVERY. The parties shall allow and participate in discovery
in accordance with the Federal Rules of Civil Procedure, except (i) depositions
may be taken at any time after the appointment of the arbitrator and (ii) the
response to a written discovery request shall be served within 14 days after
service of the request. The parties shall allow and participate in such
discovery for a period of 45 days after the appointment of the arbitrator, plus
such additional time as the arbitrator determines to be appropriate to protect
an inquiring party from a responding party's delay in responding to one or more
discovery requests. Unresolved discovery disputes shall be resolved by the
arbitrator. The United States Arbitration Act and the then existing Rules of
Practice and Procedure of Judicial Arbitration & Mediation Services, Inc. to the
contrary notwithstanding, this Section 16.3 sets forth the exclusive rights of
the parties to discovery in any arbitration proceeding under this Section 16.
16.4 TIME PERIOD. The arbitrator shall render a final award within
90 days after the date of his or her appointment, plus such additional tine, if
any, as the arbitrator permits for discovery pursuant to Section 16.3.
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16.5 EXPENSES. The arbitrator may award to the prevailing party, if
any, as determined by the arbitrator, part or all of the prevailing party's
costs and fees. "Costs and fees" means all reasonable pre-award expenses of the
arbitration, including the arbitrator's fees, administrative fees, travel
expenses, out-of-pocket expenses such as photocopy, telecopy and telephone
charges, witness fees and attorneys' fees.
16.6 NONAPPEALABLE. The award of the arbitration shall be final,
binding and nonappealable.
IN WITNESS OF, the parties have executed this lease as of the date first
above written.
LANDLORD: TENANT:
X.X. XXXXXXXX CO., a California COLOR SPOT NURSERIES, INC., a
corporation Delaware corporation
By: /s/ Xxxxxxx X. Xxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
------------------------------ ---------------------------------
Xxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx
President President
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ADDENDUM TO REAL PROPERTY LEASE
THIS ADDENDUM TO REAL PROPERTY LEASE ("Addendum") is made and entered into
this 13th day of December, 1995 by and between X.X. Xxxxxxxx Co., a California
corporation ("Landlord") and Color Spot Nurseries, Inc., a Delaware corporation
("Tenant") and modifies that certain Real Property Lease of even date herewith
("Lease").
WITNESSETH:
NOW, THEREFORE, the parties hereby agree as follows:
1. ADDENDUM TO LEASE.
(a) Paragraph 1. of the Lease shall be deleted and replaced in its
entirety with the following:
"TERM; POSSESSION. The Lease Term shall be nine (9) years and nine
(9) months commencing on December 1, 1995 (the "Commencement Date")
and unless sooner terminated as hereinafter provided, shall end on
August 31, 2005. Tenant shall have the right, in its sole and
absolute discretion, to terminate the Lease effective at any time on
or after September 1, 1999, by providing written notice to Landlord of
such election not less than one (1) year prior to the effective date
of such termination. Landlord shall have the right, in its sole and
absolute discretion, to terminate the Lease effective at any time on
or after September 1, 1999, by providing written notice to Tenant of
such election not less than one (1) year prior to the effective date
of such termination."
(b) The first sentence of Paragraph 2. shall be deleted and replaced
with the following:
"Tenant will pay rent to Landlord in advance in equal installments of
$21,000 ("Monthly Rent'") on or before the first day of each month
during the Lease Term, commencing on the Commencement Date. The
Monthly Rent shall increase in amount by three percent (3%) per year,
with the first increase effective as of the first day of the first
month following one (1) year after the Commencement Date. The Monthly
Rent shall thereafter increase once each year by three percent (3%)
from the immediately preceding Monthly Rent. If the Commencement Date
does not fall on the first of the month, rent shall be prorated for
the first and last month of the term based upon the number of days in
such partial month."
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(c) Paragraph 3 shall be amended to add the following:
"Tenant shall not, without first obtaining the written consent of
Landlord, which consent shall not be unreasonably withheld: 1) Bring
or cause to be brought onto the property any fill material, 2) Develop
any structures or improvements upon the property; and 3) Lease the
property to any person."
(d) Delete Paragraph 10 in its entirety and replace with the
following:
"10. ENVIRONMENTAL COMPLIANCE; INDEMNITY.
(i) DEFINITIONS.
(a) "Hazardous Materials" means any (a) oil, petroleum
products, flammable substances, explosives, radioactive materials, hazardous
wastes or substances, toxic wastes or substances or any other wastes, materials
or pollutants which (i) pose a hazard to the Land or to persons on or about the
Land or (ii) cause the Land to be in violation of any Hazardous Materials Laws;
(b) asbestos in any form, urea formaldehyde foam insulation, transformers or
other equipment which contain dielectric fluid containing levels of
polychlorinated byphenyls, or radon gas; (c) chemical, material or substance
defined as or included in the definition of "hazardous substances," "hazardous
wastes," "hazardous materials," "extremely hazardous waste" "restricted
hazardous waste," or "toxic substances" or words of similar import under any
applicable local, state or federal law or under the regulations adopted or
publications promulgated pursuant thereto, including, but not limited to, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation
Act, as amended, 49 U.S.C. Section 1801, et seq.; the Federal Water Pollution
Control Act, as amended, 33 U.S.C. Section 1251, et seq.; Sections 25115, 25117,
25122.7, 25140, 25249.8, 25281, 25316, 25501, and 25316 of the California Health
and Safety Code; and Article 9 or Article 11 of Title 22 of the Administrative
Code, Division 4, Chapter 20; (d) other chemical, material or substance,
exposure to which is prohibited, limited or regulated by any governmental
authority or may or could pose a hazard to the health and safety of the
occupants of the Land or the owners and/or occupants of property adjacent to or
surrounding the Land, or any other person coming upon the Land or adjacent
property; and (e) other chemical, materials or substance which may or could pose
a hazard to the environment.
(b) "Hazardous Materials Claims" means any and all
enforcement, cleanup, removal, remedial or other governmental or regulatory
actions, agreements or orders threatened, instituted or completed pursuant to
any Hazardous Materials Laws, together with any and all claims made or
threatened by any third party against Landlord, Tenant, any of their respective
partners or any of their partners' officers, directors, employees, agents or
representatives, or the Land relating to damage, contribution, cost recovery
compensation, loss or injury resulting from the presence, release or discharge
of any Hazardous Materials used, brought onto, released, generated, stored or
disposed of in, on or under the Land.
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(c) "Hazardous Materials Laws" means any federal state or
local laws, ordinances, regulations or policies relating to the environment,
health and safety, and Hazardous Materials (including, without limitation, the
use, handling, transportation, production, disposal, discharge or storage
thereof) or to industrial hygiene or the environmental conditions on, under or
about the Land, including, without limitation, soil, groundwater and indoor and
ambient air conditions.
(ii) LANDLORD ENVIRONMENTAL INDEMNIFICATION. Landlord shall
protect and indemnify Tenant and hold Tenant, its partners, directors, officers,
employees and agents, and all directors, officers, employees and agents of all
of the aforementioned indemnified parties, harmless from and against any and all
actual or potential claims, liabilities, damages, losses, fines, penalties,
judgments, awards, costs and expenses (including, without limitation, attorneys'
fees and costs and expenses of investigation) which arise out of or relate in
any way to any Hazardous Materials Claims or any use, handling, production,
transportation, disposal, release or storage of any Hazardous Materials in,
under or on the Land and whether by Landlord or any other party other than
Tenant or Tenant's agents, employees, subcontractors and any other party acting
by or on behalf of Tenant or with Tenant's knowledge or permission
(collectively, "Tenant's Agents"), including, without limitation, (a) all
foreseeable and all unforeseeable consequential damages directly or indirectly
arising out of (i) Hazardous Materials Claims or the use, generation, storage,
discharge or disposal of Hazardous Materials by Landlord or any party on or
about the Land, other than Tenant or Tenant's Agents; (ii) any residual
contamination affecting any natural resource or the environment caused by
Hazardous Materials used, brought onto, released, stored, discharged, generated
or disposed of in, under or onto the Land other than by Tenant or Tenant's
Agents; and (iii) any exercise by Tenant of any of its rights and remedies
hereunder; and (b) the costs of any required or necessary repair, cleanup, or
detoxification of the Land and the preparation of any closure or other required
plans. Liability to the aforementioned indemnified parties shall arise upon the
earlier to occur of (a) discovery of any Hazardous Materials on, under or about
the Land, or (b) the institution of any Hazardous Materials Claims, and not upon
the realization of loss or damage, and shall be terminated three (3) years from
the date of termination of the Lease.
(iii) Tenant Environmental Indemnification. Tenant shall not
engage in, allow or permit any activity in its use of the Leased Premises which
violates any Hazardous Materials laws. Tenant shall protect and indemnify
Landlord and hold Landlord, its partners, directors, officers, employees and
agents, and all directors, officers, employees and agents of all of the
aforementioned indemnified parties, harmless from and against any and all actual
or potential claims, liabilities, damages, losses, fines, penalties, judgments,
awards, costs and expenses (including, without limitation, attorneys' fees and
costs and expenses of investigation) which arise out of or relate in any way to
any Hazardous Materials Claims or any use, handling, production, transportation,
disposal, release or storage of any Hazardous Materials in, under or on the Land
after the Commencement Date by Tenant or Tenant's Agents, including, without
limitation, (a) all foreseeable and all unforeseeable consequential damages
directly or indirectly arising out of (i) Hazardous Materials Claims or the use,
generation, storage, discharge or disposal of Hazardous Materials by Tenant or
Tenant's Agents on or about the Land after the Commencement Date; (ii) any
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residual contamination affecting any natural resource or the environment caused
by Hazardous Materials used, brought onto, released, stored, discharged,
generated or disposed of in, under or onto the Land by Tenant or Tenant's Agents
after the Commencement Date; and (iii) any exercise by Landlord of any of its
rights and remedies hereunder; and (b) the costs of any required or necessary
repair, cleanup, or detoxification of the Land and the preparation of any
closure or other required plans. Liability to the aforementioned indemnified
parties shall arise upon the earlier to occur of (a) discovery of any Hazardous
Materials on, under or about the Land, or (b) the institution of any Hazardous
Materials Claims, and not upon the realization of loss or damage, and shall be
terminated three (3) years from the date of termination of the Lease.
(e) Delete Paragraph 16 in its entirety.
2. WHOLE AGREEMENT. This Addendum sets forth the entire agreement
between the parties with respect to the matters set forth herein. There have
been no additional oral or written representations or agreements.
3. RATIFICATION. Except as specifically modified hereby, the Lease shall
remain in full force and effect and unmodified. The provisions set forth in
this Addendum shall be deemed part of the Lease and shall supersede, to the
extent appropriate, any contrary provisions of the Lease. In case of any
inconsistency between the provisions of the Lease and this Addendum, the
provisions of the latter shall govern and control.
4. COUNTERPARTS. This Addendum may be executed in one or more
counterparts, each of which shall be deemed to be an original and all of which
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date
first above written.
LANDLORD:
X.X. XXXXXXXX CO.,
a California corporation
By: /s/ Xxxxxxx X. Xxxxxxxx
-------------------------
Its: President
-------------------------
TENANT:
COLOR SPOT NURSERIES, Inc.
a Delaware corporation
By: /s/ Xxxxxxx X. Xxxxxxxx
-------------------------
Its: President
-------------------------
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EXHIBIT "A"
DESCRIPTION
Order Xx. 000000
XXXXXXXXXXXXXX XXXX
PARCEL ONE:
PORTION OF LOT 198, AS SAID LOT IS SHOWN ON THE "MAP OF THE SAN PABLO RANCHO,
ACCOMPANYING AND FORMING A PART OF THE FINAL REPORT OF THE REFEREES IN
PARTITION", FILED MARCH 1, 1894, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA COUNTY, AND A PORTION OF SWAMP AND OVERFLOWED LAND SURVEY NO 151, CONTRA
COSTA COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT STAKE NO. 91 AT THE NORTHWESTERN CORNER TO XXX 000 XX XXX XXX XXXXX
XXXXXX; THENCE SOUTH 0 10' WEST 728.5 FEET TO STATION 92; THENCE WEST 514.8
FEET TO STATION IN CENTER OF OLD COURSE OF SAN PABLO CREEK; THENCE ALONG OLD
CREEK LINE, SOUTH 40 45' WEST 67.32 FEET; THENCE SOUTH 89 45' WEST, 165 FEET;
THENCE SOUTH 82 37' WEST, 201.55 FEET; THENCE SOUTH 64 21' WEST 140.72 FEET;
THENCE SOUTH 33 13' WEST 135.33 FEET; THENCE SOUTH 5 18' EAST 87.15 FEET; THENCE
SOUTH 41 54' EAST 145.04 FEET; THENCE SOUTH 60 39' EAST 302.05 FEET; THENCE
SOUTH 49 04' EAST 194.70 FEET TO STATION 28 AT THE JUNCTION OF SAN PABLO AND
WILD CAT CREEKS, COURSES OF WHICH HAVE BEEN OBLITERATED; THENCE SOUTH 52 01'
WEST 237.32 FEET TO STATION ON THE WESTERN BOUNDARY LINE OF THE SAN PABLO
RANCHO; THENCE SOUTH 61 17' WEST 1173.25 FEET; THENCE SOUTH 58.08 FEET TO
STATION ON THE NORTHERN LINE OF LANDS OF THE STANDARD OIL COMPANY; THENCE ALONG
LINE OF STANDARD OIL CO. LANDS, NORTH 89 45' EAST 72.22 FEET; THENCE NORTH 73
02' EAST 72.8 FEET; THENCE NORTH 57 30' EAST 492 FEET; THENCE NORTH 59 30' BUT
400 FEET; THENCE NORTH 63 36' EAST 200 FEET; THENCE NORTH 76 05' EAST 110 FEET;
THENCE NORTH 55 49' EAST 500 FEET; THENCE NORTH 59 15' EAST 400 FEET; THENCE
NORTH 55 26' EAST 81.16 FEET; THENCE SOUTH 0 39' EAST, 46.1 FEET; THENCE LEAVING
LINE OF STANDARD OIL CO. LAND, AND ALONG THE NORTHERN LINE OF THE XXXXXX
ADDITION TO RICHMOND, NORTH 67 10' EAST 184.04 FEET; THENCE NORTH 86 30'' EAST
100.18 FEET; .THENCE NORTH 89 56' EAST 441 FEET TO THE WESTERN LINE OF LANDS OF
STANDARD OIL CO.; THENCE ALONG THE LINE OF THE STANDARD OIL CO. LANDS, NORTH O
15' WEST, 30.75 FEET TO A CONCRETE MONUMENT SET FOR CORNER OF STANDARD OIL CO.
LANDS; THENCE SOUTH 89 31' WEST 462 FEET TO A MONUMENT; THENCE NORTH 0 15' WEST
50 FEET TO A MONUMENT; THENCE SOUTH 89 26' EAST 542.06 FEET TO A MONUMENT;
THENCE NORTH 0 15' WEST 177.09 FEET TO A MONUMENT; THENCE NORTH 89 45' EAST 40
FEET TO A MONUMENT;
THENCE LEAVING LINE OF STANDARD OIL CO. LANDS, NORTH 0 151 WEST 801.2 FEET;
THENCE NORTH 89 55' WEST 1009.5 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
1) ALL THAT PORTION THEREOF LYING EASTERLY OF THE WESTERN LINE OF THAT CERTAIN
TRACT OF LAND CONVEYED TO CONTRA COSTA COUNTY, A POLITICAL SUBDIVISION, BY
XXXXXXX XXXXXXXX AND XXXX XXXXXXXX, HUSBAND AND WIFE, BY DEED EXECUTED
OCTOBER 21, 1929, AND RECORDED OCTOBER 24, 1929, IN BOOK 172 OF OFFICIAL
RECORDS OF CONTRA COSTA COUNTY, PAGE 483.
2) ALL THAT PORTION THEREOF LYING EASTERLY OF THE WESTERN LINE OF THAT PORTION
THEREOF LYING WITHIN THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA
COSTA COUNTY, A POLITICAL SUBDIVISION, RECORDED DECEMBER 24, 1938, IN BOOK
487 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY, PAGE 188.
3) THAT PORTION CONVEYED TO CONTRA COSTA COUNTY, BY DEED RECORDED APRIL 16,
1974, IN BOOK 7202, PAGE 75, OFFICIAL RECORDS, INSTRUMENT NO. 30242.
4) THAT PORTION CONVEYED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, RECORDED MARCH 23, 1988, IN BOOK 14230, PAGE 546,
OFFICIAL RECORDS.
5) THAT PORTION CONVEYED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, BY DEED RECORDED FEBRUARY 21, 1992, BOOK 17244, PAGE
49, INSTRUMENT NO. 92-37674, OFFICIAL RECORDS.
6) THAT PORTION CONVEYED TO WEST COUNTY RESOURCE RECOVERY, INC., A CALIFORNIA
CORPORATION, BY INSTRUMENT DATED MAY 19, 1995 AND RECORDED JUNE 1, 1995,
SERIES NO. 95-86866, OFFICIAL RECORDS.
PARCEL TWO:
PORTION OF LOT 201, AS SAID LOT IS SHOWN ON THE "MAP OF THE SAN PABLO RANCHO,
ACCOMPANYING AND FORMING A PART OF THE FINAL REPORT OF THE REFEREES IN
PARTITION", FILED MARCH 1, 1894, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA COUNTY. DESCRIBED AS FOLLOWS:
BEGINNING AT STAKE NO. 93, AT THE SOUTHWESTERN XXXXXX XX XXX 000 XX XXX XXX
XXXXX XXXXXX; THENCE FROM SAID POINT OF BEGINNING, SOUTH 89 54'
WEST, 525.40 FEET; THENCE SOUTH 4 18' 41", WEST 138.01 FEET TO THE LINE BETWEEN
XXXX 000 XXX 000 XX XXX XXX XXXXX XXXXXX; THENCE ALONG SAID LINE, AS FOLLOWS:
NORTH 64 21' EAST, 140.72 FEET; NORTH 82 37' EAST, 201.55 FEET; NORTH 89 45'
EAST, 165 FEET; AND NORTH 48 45' EAST, 67.32 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION LYING WITHIN THE LINES OF PARCEL ONE, ABOVE.
ALSO EXCEPTING THEREFROM, THAT PORTION CONVEYED TO CONTRA COSTA COUNTY, BY DEED
RECORDED APRIL 16, 1974, IN BOOK 7202, PAGE 75, OFFICIAL RECORDS, INSTRUMENT NO.
30242.
PARCEL THREE:
THAT CERTAIN PARCEL OF DESIGNATED AS PARCEL "A" IN THE DECREE IN THE MATTER OF
THE APPLICATION OF XXXXXXX XXXXXXXX AND XXXX XXXXXXXX, HIS WIFE, TO EXCLUDE
CERTAIN LANDS FROM A SUBDIVISION, IN THE SUPERIOR COURT OF THE COUNTY OF XXXXXX
XXXXX, XXXXX XX XXXXXXXXXX, XXXX XX. 00000, FILED SEPTEMBER 8, 1960, A COPY OF
WHICH WAS RECORDED SEPTEMBER 14, 1960, IN BOOK 3702 OF OFFICIAL RECORDS OF
CONTRA COSTA COUNTY, PAGE 155, DESCRIBED AS FOLLOWS:
THAT PORTION OF "NORTH HARBOR TRACT, AN ADDITION TO RICHMOND, CALIFORNIA", WHICH
MAP WAS FILED MAY 29, 1913, IN BOOK 10 OF MAPS, PAGE 229, IN THE OFFICE OF THE
COUNTY RECORDER OF CONTRA COSTA CO DESCRIBED AS FOLLOWS:.
BEGINNING AT THE NORTHEASTERN CORNER OF LOT 8, IN BLOCK 4, AS SAID LOT AND BLOCK
ARE SHOWN ON SAID MAP; RUNNING THENCE ALONG THE WESTERN LINE OF CENTRAL AVENUE,
SOUTH 726 FEET TO THE SOUTHERN LINE OF SAID TRACT; BEING ALSO THE SOUTHERN LIKE
OF A "1 FOOT RESERVED STRIP"; THENCE ALONG SAID SOUTHERN LINE, WEST 989 FEET TO
THE EASTERN LINE OF GOLDEN GATE AVENUE; THENCE ALONG THE LAST NAMED LINE, NORTH
726 FEET TO THE SOUTHERN LINE OF PITTSBURG AVENUE; AND THENCE ALONG THE LAST
NAMED LINE, EAST 989 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
1) THAT PORTION CONVEYED TO CONTRA COSTA COUNTY, BY DEED RECORDED APRIL 16,
1974, IN BOOK 7202, PAGE 75, OFFICIAL RECORDS, INSTRUMENT NO. 30242.
2) THAT PORTION THEREOF AS CONVEYED TO CITY OF RICHMOND BY INSTRUMENT DATED
SEPTEMBER 2, 1994 AND RECORDED MAY 5, 1995, SERIES NO. 95-72493, OFFICIAL
RECORDS, AS FOLLOWS:
A PORTION OF THE TRACT OF LAND SHOWN ON THE MAP ENTITLED "NORTH HARBOR
TRACT, AN ADDITION TO RICHMOND, CALIFORNIA" FILED MAY 29, 1913 IN BOOK 10
OF MAPS AT PAGE 000, XXXXXX XXXXX XXXXXX XXXXXXX, XXXXXXXXXX, DESCRIBED AS
FOLLOWS:
BEGINNING ON THE EASTERLY LINE OF THE RIGHT OF WAY OF NORTH RICHMOND BYPASS
AS SHOWN ON THE MAP ENTITLED "A PRECISE SECTION XX XXXXXXX XXX XXXXXXXX
XXXX, XXXXXX XXXXX XXXXXX, XXXXX XXXXXXXX BYPASS" RECORDED NOVEMBER 5, 1969
IN BOOK 5998 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AT PAGE 209, AT THE
SOUTHERLY LINE OF THE PARCEL OF LAND DESCRIBED AS PARCEL THREE IN THE DEED
FROM GOLDEN STATE SANWA BANK TO COLOR SPOT, INC. RECORDED MARCH 6, 1991 IN
BOOK 16435 OF OFFICIAL RECORDS AT PAGE 659; THENCE ALONG SAID XXXXXXXX XXXX
XX XXXXX XXXXXXXX XXXXXX XXXXX 00 35' 10" EAST 694.93 FEET; THENCE
NORTHEASTERLY ALONG A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 90 34' 39", AN ARC DISTANCE
OF 31.62 FEET; THENCE NORTH 1 09' 50" EAST 10.00 FEET TO THE SOUTHERLY LINE
OF PITTSBURG AVENUE; THENCE ALONG SAID LINE THEREOF SOUTH 88 50' 11" EAST
1.70 FEET; THENCE LEAVING SAID SOUTHERLY LINE 0 35' 10" WEST 725.14 FEET
THE SOUTHERLY LINE OF SAID PARCEL THREE (16435 OR 659); THENCE ALONG SAID
SOUTHERLY LINE NORTH 88 49' 40" WEST 22.00 FEET TO THE POINT OF BEGINNING.
3) THAT PORTION THEREOF AS CONVEYED TO WEST COUNTY RESOURCE RECOVERY, INC., A
CALIFORNIA CORPORATION, BY INSTRUMENT DATED MAY 19, 1995 AND RECORDED
JUNE 1, 1995, SERIES NO. 95-86866, OFFICIAL RECORDS, AS FOLLOWS:
THE PROPERTY SITUATE IN UNINCORPORATED CONTRA COSTA COUNTY, STATE OF
CALIFORNIA, BEING A PORTION OF LOTS 198 AND 201 AS DESIGNATED ON THE MAP OF
THE SAN PABLO RANCHO, FILED MARCH 1, 1894 IN THE OFFICE OF THE RECORDER OF
CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERN LINE OF PITTSBURG AVENUE
(FORMERLY PITTSBURGH AVENUE) AND THE WESTERN LINE OF STREET (FORMERLY
CENTRAL AVENUE) AS SAID STREET AND AVENUE ARE DESIGNATED ON THE MAP OF
NORTH HARBOR TRACT, FILED MAY 29, 1913,
MAP BOOK 10, PAGE 229; THENCE ALONG SAID WESTERN LINE OF CENTRAL STREET,
SOUTH 1 09' 47" WEST (BEARING USED FOR THE PURPOSE OF THIS DESCRIPTION)
725.23 FEET TO THE SOUTHERN LINE OF SAID NORTH HARBOR TRACT, SAID SOUTHERN
LINE BEING THE SOUTHERN LINE OF THE AREA DESIGNATED AS "1 FT. RESERVED
STRIP" ON SAID MAP; THENCE ALONG SAID SOUTHERN LINE, SOUTH 88 50' 13" EAST,
5.00 FEET TO THE NORTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE
DEED TO CONTRA COSTA COUNTY RECORDED OCTOBER 24, 1929, BOOK 172, OFFICIAL
RECORDS, PAGE 483; THENCE ALONG THE BOUNDARY OF SAID COUNTY PARCEL THE TWO
(2) FOLLOWING COURSES; SOUTH 1 09' 47" WEST, 217.43 FEET (217.21 FEET, DEED
DISTANCE) AND SOUTH 89 11' 13" EAST, 38.23 FEET TO THE MOST WESTERN CORNER
OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,
RECORDED DECEMBER 24, 1938, BOOK 487, OFFICIAL RECORDS, PAGE 188; THENCE
ALONG THE SOUTHWESTERN BOUNDARY OF SAID PARCEL THE TWO (2) FOLLOWING
COURSES; SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 125.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 71 01' 48"
EAST, THROUGH A CENTRAL ANGLE OF 27 48' 40", AN ARC DISTANCE OF 60.67 FEET
AND TANGENT TO SAID CURVE, SOUTH 46 46' 52" EAST, 10.78 FEET TO THE
NORTHWESTERN LINE OF THE PARCEL OF LAND DESCRIBED UNDER EXHIBIT "A" IN THE
DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
RECORDED NOVEMBER 18, 1987, BOOK 14025, OFFICIAL RECORDS, PAGE 833; THENCE
ALONG SAID NORTHWESTERN LINE, SOUTH 57 00 00" WEST, 138.82 FEET TO A LINE
DRAWN PARALLEL TO AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF THE
ABOVE NAMED WESTERN LINE OF CENTRAL STREET; THENCE ALONG SAID PARALLEL
LINE, NORTH 1 09' 47" EAST, 1077.39 FEET TO SAID SOUTHERN LINE OF
PITTSBURGH AVENUE; THENCE ALONG SAID LINE, SOUTH 88 50' 13"EAST, 30.00 FEET
TO THE POINT OF BEGINNING.
PARCEL FOUR:
THAT PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY
RECORDED SEPTEMBER 21, 1976 IN VOLUME 8022 OF OFFICIAL RECORDS AT PAGE 483
(SHOWN AS PARCEL 4 ON CONTRA COSTA COUNTY PUBLIC WORKS DWG. R/W 0572B-72) LYING
EAST OF NORTH RICHMOND BYPASS, NORTHWEST OF WILDCAT CREEK, AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE 1-1/2" IRON PIPE TAGGED "CONTRA COSTA COUNTY" MARKING NORTH
RICHMOND BYPASS STATION 45+00 P.O.T. AS SHOWN ON THE MAP ENTITLED "A PRECISE
SECTION OF THE STREETS AND HIGHWAY PLAN, CONTRA COSTA COUNTY, NORTH RICHMOND
BYPASS" RECORDED NOVEMBER 5, 1969 IN
VOLUME 5998 OF OFFICIAL RECORDS AT PAGE 209; THENCE ALONG XXX XXXXXXXXXX XX
XXXXX XXXXXXXX XXXXXX XXXXX 0 35' 08" WEST 795.75 FEET; THENCE SOUTH 88 16' 54"
EAST 55 FEET TO THE TRUE POINT OF BEGINNING ON THE PROPOSED RIGHT XX XXX XXXX XX
XXXXX XXXXXXXX XXXXXX (0000 O.R. 209) ; SAID POINT IS SHOWN AS PT. "A" ON CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DWG. ED-738.2 AND IS
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH TO WHICH A RADIAL
BEARS NORTH 1 43' 06" EAST 138 FEET; THENCE FROM THE TRUE POINT OF BEGINNING,
ALONG THE ARC OF SAID CURVE, EASTERLY 30.78 FEET, THROUGH A CENTRAL ANGLE OF 12
46' 54", TO A REVERSE CURVE CONCAVE TO THE NORTH TO WHICH A RADIAL BEARS SOUTH
14 30' 00" WEST 77 FEET; THENCE ALONG THE ARC OF SAID REVERSE CURVE, EASTERLY
57.52 FEET, THROUGH A CENTRAL ANGLE OF 42 48' 05", TO A REVERSE CURVE CONCAVE TO
THE SOUTHEAST TO WHICH A RADIAL BEARS NORTH 28 18' 05" WEST 2,513 FEET; THENCE
ALONG THE ARC OF SAID REVERSE CURVE, NORTHEASTERLY 188.38 FEET, THROUGH A
CENTRAL ANGLE OF 4 17' 42"; THENCE NORTH 65 59' 37" EAST 15.32 FEET TO A CURVE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 2,287 FEET; THENCE ALONG THE ARC OF
SAID CURVE, NORTHEASTERLY 144.73 FEET, THROUGH A CENTRAL ANGLE OF 3 37' 33", TO
A POINT ON THE NORTHEAST LINE OF CONTRA COSTA COUNTY PARCEL (8022 O.R. 483) THAT
BEARS NORTH 47 16' 11" WEST 19.00 FEET FROM THE MOST EASTERN CORNER OF SAID
COUNTY PARCEL (8022 O.R. 483) ; THENCE NON-TANGENT TO SAID CURVE, ALONG THE
NORTHEAST LINE OF SAID COUNTY PARCEL, NORTH 47 16' 11" WEST 175.69 FEET AND
NORTH 59 17' 52" WEST 57.24 FEET, TO THE SOUTH LINE OF CONTRA COSTA COUNTY
PARCEL RECORDED JANUARY 16, 1974 IN VOLUME 7135 OF OFFICIAL RECORDS AT PAGE 155;
THENCE ALONG SAID SOUTH LINE, SOUTH 69 59' 08" WEST 233.04 FEET TO A POINT
HEREINAFTER REFERRED TO AS PT. "C", ON THE PROPOSED EAST RIGHT OF WAY LINE OF
NORTH RICHMOND BYPASS (5998 O.R. 209); THENCE ALONG SAID EAST LINE, SOUTH 0 35'
08" WEST 223.38 FEET, TO THE TRUE POINT OF BEGINNING.
PARCEL FIVE:
THAT PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY
RECORDED JANUARY 16, 1974 IN VOLUME 7135 OF OFFICIAL RECORDS AT PAGE 155 (SHOWN
AS PARCEL 5 ON SAID PUBLIC WORKS DWG. R/W 0572B-72) WHICH LIES EAST OF NORTH
RICHMOND BYPASS AND IS DESCRIBED AS FOLLOWS:
BEGINNING AT PT. "C" DESCRIBED IN PARCEL FOUR OF THIS DOCUMENT; THENCE ALONG THE
PROPOSED EAST RIGHT XX XXX XXXX XX XXXXX XXXXXXXX XXXXXX (0000 O.R. 209), NORTH
0 35' 08" EAST 10.68 FEET, TO A POINT, HEREINAFTER
REFERRED TO AS PT. "D", ON THE NORTH LINE OF SAID COUNTY PARCEL (7135 O.R. 155);
THENCE ALONG THE BOUNDARY OF SAID COUNTY PARCEL (7135 O.R. 155) AS FOLLOWS:
(1) NORTH 69 59' 08" EAST 221.10 FEET, (2) SOUTH 59 17' 52" EAST 12.92 FEET, AND
(3) SOUTH 69 59' 08" WEST 223.04 FEET, TO PT. "C", THE POINT OF BEGINNING.
PARCEL SIX:
THAT PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY'
RECORDED JULY 5, 1974 IN VOLUME 7267 OF OFFICIAL RECORDS AT PAGE 115 (SHOWN AS
PARCEL 6 ON SAID PUBLIC WORKS DWG. R/W 0572B-72) WHICH LIES EAST OF NORTH
RICHMOND BYPASS AND IS DESCRIBED AS FOLLOWS:
BEGINNING AT PT. "D" DESCRIBED IN PARCEL FIVE OF THIS DOCUMENT; THENCE ALONG THE
PROPOSED EAST RIGHT XX XXX XXXX XX XXXXX XXXXXXXX XXXXXX (0000 O.R. 209), NORTH
0 35' 08" EAST 201.41 FEET, TO THE BOUNDARY OF SAID COUNTY PARCEL (7267 O.R.
115); THENCE ALONG SAID BOUNDARY AS FOLLOWS: (1) SOUTH 40 42' 42" EAST 9.68
FEET, (2) XXXXX 00 00, 00" XXXX 231.88 FEET, AND (3) SOUTH 69 59' 08" WEST
221.10 FEET TO PT. "D", THE POINT OF BEGINNING.
PARCEL SEVEN:
THAT CERTAIN PARCEL OF LAND CONVEYED BY THE CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF
CALIFORNIA, TO COLOR SPOT, INC. BY DEED RECORDED OCTOBER 5, 1992, BOOK 17905,
PAGE 4, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
"PARCEL X1397T-1: FEE TITLE (CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT TO COLOR SPOT, INC.)
"A PORTION OF PARCEL 1397T CONVEYED IN THE DEED TO CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT RECORDED MARCH 23, 1988 IN VOLUME 14230
OF OFFICIAL RECORDS AT PAGE 546 BEING ALL OF PARCEL 1397T THAT LIES
NORTHWESTERLY OF THE "CHANNEL PARCEL" DESCRIBED IN PARCEL 1397A" OF THAT CERTAIN
DOCUMENT RECORDED FEBRUARY 21, 1992 IN BOOK 17244, PAGE 49, OFFICIAL RECORDS.
