1
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE ("First Amendment") is made and entered
into as of May 1, 1995, by and between IRISH LEASING CORPORATION, a Texas
corporation ("Landlord"), and CISCO SYSTEMS, INC., a California corporation
("Tenant").
THIS FIRST AMENDMENT IS ENTERED INTO upon the basis of the following
facts, understandings and intentions.
A. Landlord and Tenant entered into that certain Lease dated April 12,
1995 ("Lease"), pursuant to which Landlord is leasing to Tenant that certain
land located in San Jose, California, as more particularly described in the
Lease and on Exhibit A attached hereto and incorporated herein by this reference
("Premises"). Any capitalized terms used but not defined in this First Amendment
which are defined in the Lease shall have the meaning ascribed in the Lease.
B. Landlord and Tenant now desire to amend the terms of the Lease, as
more particularly described in this First Amendment.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereby agree as follows:
1. Equity Funded Amount. Section 2.10 is hereby deleted, and is
replaced with the following: 2.10 Equity Funded Amount. "Equity
Funded Amount" shall mean that portion of the Funded Amount equal to
the Funded Amount minus the Senior Funded Amount and which shall be
an amount equal to fifteen percent (15%) of the Funded Amount.
2. Lease Rate. Section 2.23 is hereby deleted, and is replaced with the
following: 2.23 Lease Rate. "Lease Rate" shall mean interest at the
rate of the product of 0.850 times the then-effective LIBOR Rate,
plus .0045, per annum.
3. Lease Rate. Section 2.26 is hereby deleted, and is replaced with the
following: 2.26 LIBOR Rate. "LIBOR Rate" shall mean the LIBOR
interest rate as defined in that certain Schedule I, Additional
Terms and Conditions of Credit Arrangement between SGA and UBS dated
May 1, 1995, relating to the UBS Loan ("Schedule I"), or as defined
in a subsequent Authorized Loan.
4. Interest Rate Selection. Section 5.1(b) is hereby deleted, and is
replaced with the following: (b) Interest Rate Selection. The
parties acknowledge that the interest rate applicable under the UBS
Loan (or other Authorized Loan) shall affect the amount of Base Rent
payable by Tenant hereunder. Therefore, Tenant shall have the right,
by written notice to UBS (or the holder of any Authorized Loan), SGA
and Landlord, to designate the interest period to be selected from
time to time by SGA pursuant to Schedule I (or other Authorized
Loan). Tenant acknowledges that the rates available to be selected
under the UBS Loan after the first partial calendar month of the
Term are 1, 2, 3, 6, 9 or 12- month LIBOR rates. In the event that
Tenant fails to give such written notice to UBS (or other holder of
an Authorized Loan), SGA and Landlord prior to the applicable
deadline for selection of such interest period pursuant to the
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terms of Schedule I (or other Authorized Loan), Tenant shall be
deemed to have selected an interest period of one month for the UBS
Loan (or other Authorized Loan).
5. Option to Purchase Premises. (a) In Section 19.1(a), Purchase Option
, the two (2) sentences beginning with "The purchase price ("Purchase Price") .
. ." on line 8 of Section 19.1(a) and ending with ". . . this Purchase Option"
on line 26 of Section 19.1(a) are hereby deleted in their entirety and the
following inserted in their place:
The purchase price ("Purchase Price") for the portion of the
Premises which Tenant elects to purchase shall be (i) the
then-existing Funded Amount applicable to the portion of the
Premises which Tenant elects to purchase (determined in a pro rata
basis on the basis of the area being purchased), as the same may be
reduced from time to time, plus (ii) the amount of any prepayment
premium and all other fees, costs, and expenses due to any holder of
an Authorized Loan in connection with such loan (to the extent not
already paid pursuant to Section 21.21 hereof). Tenant shall be
entitled to a credit against the Purchase Price in an amount equal
to the sum of (i) the principal balance(s) of any Authorized Loan
and/or Fee Mortgage existing immediately prior to the closing under
this Purchase Option if such Authorized Loan and/or Fee Mortgage are
not fully repaid and all documents reflecting the same are not
cancelled and removed from the public records on or prior to the
closing under this Purchase Option, plus (ii) the amount of the
Security Deposit (or, in the event of a purchase of a portion of the
Premises, a pro rata portion of the Security Deposit), and, upon
closing under this Purchase Option, Landlord shall be released from
Landlord's obligation to return the Security Deposit set forth in
Section 5.5 hereof.
(b) In Section 19.1(a), Purchase Option , following the sentence
beginning with "Landlord . . ." on line 36 of Section 19.1(a) and ending with ".
. . expenses related thereto" on line 40 of Section 19.1(a), the following
sentence is inserted:
Notwithstanding the foregoing, Landlord agrees to, upon Tenant's
written demand, assign the UBS Loan or any other Authorized Loan and
its obligations thereunder to Sumitomo Bank Leasing and Finance,
Inc., a Delaware corporation ("SBLF"); provided that SBLF shall
first expressly assume Landlord's obligations under the UBS Loan (or
any other Authorized Loan) in writing and hold Landlord harmless
from any liabilities arising after the date of such assignment.
6. Form of Transaction; Certain Tax Matters.
a. Section 21.2(a)(ii) is hereby deleted, and is replaced with the
following:
(a) a financing arrangement (and not a "true
lease") for Federal, state and local income tax and local
property tax purposes.
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b. Section 21.2(b) is hereby deleted, and is replaced with the
following: Landlord and Tenant agree that, in accordance with
their intentions and the substance of the transactions
contemplated hereby, Tenant (and not Landlord) shall be treated
as the owner of the Premises for Federal, state, and local income
tax and property tax purposes and this Lease shall be treated as
a financing arrangement. Tenant shall be entitled to take any
deduction, credit allowance or other reporting, filing or other
tax position consistent with such characterizations. Landlord and
Tenant shall not file any Federal, state or local income tax or
property tax returns, reports or other statements, or take any
other actions, in a manner which is inconsistent with the
foregoing provisions of this Section 21.2, unless required to do
so by applicable law or Legal Requirement.
c. Section 21.2(c) is hereby deleted, and is replaced with the
following:
Each party acknowledges that it has retained accounting, tax and
legal advisors to assist it in structuring this Lease and neither
party is relying on any representations of the other regarding
the proper treatment of this transaction for accounting, income
tax, property tax or any other purpose. Nothing in this Section
21.2(c) shall increase or diminish any liability or obligation of
the parties that otherwise exists pursuant to this Lease.
7. Exhibits. Exhibit B is hereby deleted and the attached Exhibit B
inserted in its place.
8. Counterparts. This First Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original and all of which
together shall comprise but a single instrument.
9. Existing Lease. Except to the extent specifically amended hereby,
all terms and conditions of the Lease remain in full force and effect.
[Remainder of This Page Intentionally Left Blank]
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[SIGNATURE PAGE TO FIRST AMENDMENT TO LEASE]
IN WITNESS WHEREOF, Landlord and Tenant have executed this First
Amendment as of the date and year first written above.
"LANDLORD"
IRISH LEASING CORPORATION,
A TEXAS CORPORATION
By: /s/ GREG ENGLAND
---------------------------
Name: GREG ENGLAND
----------------------
Its: VICE PRESIDENT
----------------------
"TENANT"
CISCO SYSTEMS, INC., a California
corporation
By: /s/ JOHN CHAMBERS
---------------------------
Name:
----------------------
Its:
-----------------------
By: /s/ LARRY R. CARTER
---------------------------
Name:
----------------------
Its:
-----------------------
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EXHIBIT A
DESCRIPTION OF LAND
REAL PROPERTY in the City of San Jose, County of Santa Clara, State of
California, described as follows:
Lot 50, as shown on that certain Map entitled, "Tract No. 7560," which Map was
filed for record in the office of the Recorder of the County of Santa Clara,
State of California on December 21, 1983 in Book 522 of Maps, pages 51 and 52.
Reserving therefrom a perpetual right and easement to construct, install,
maintain, repair, renew, replace, operate and use a surface drainage release to
benefit Lot 49 of Tract 7560, as contained in that certain Grant of Easement
recorded August 8, 1990 in Book L443, page 0754, Official Records, and described
as follows:
The Northwesterly 10.00 feet of the Southeasterly 30.00 feet and the
Northwesterly 100.00 feet of the Southeasterly 130.00 feet of the Northeasterly
10.00 feet of Lot 50.
That portion of Lot 51, as shown on that certain Map entitled, "Tract No. 7560,"
which Map was filed for record in the office of the Recorder of the County of
Santa Clara, State of California on December 21, 1983 in Book 522 of Maps, pages
51 and 52, being more particularly described as follows:
Beginning at the Southeasterly corner of said Lot 51; thence along the
Southerly line of said Lot 51, S. 59 degrees 27 minutes 51 seconds W. 77.00
feet; thence N. 14 degrees 27 minutes 48 seconds E. 108.90 feet to the
Northeasterly line of said Lot 51; thence along said Northeasterly line S. 30
degrees 32 minutes 09 seconds E. 77.00 feet to the point of beginning, as
provided for in that certain Lot Line Adjustment granted by the Director of
Planning of the City of San Jose, a copy of which was recorded March 28, 1984
in the office of the Recorder of the County of Santa Clara in Book I410, page
712 of Official Records.
Lot 5 and 6, as shown on that certain Map of Tract No. 7408, which map was filed
for record in the office of the Recorder of the County of Santa Clara, State of
California on November 19, 1982 in Book 506 of Maps, pages 24, 25 and 26 and a
portion of that certain parcel of land described in the deed recorded December
22, 1972 in Book 0167, page 623, all as approved by that Lot Combination
recorded September 16, 1992 in Book M381 of Maps, page(s) 0081, Official
Records, more particularly described as follows:
Beginning at a point on the Northeasterly line of Rio Robles, as shown upon
said map, at the most Southerly corner of said Lot 5; thence along said
Northeasterly line of Rio Robles, N. 30 degrees 32 minutes 09 seconds W. 105.50
feet; thence on a tangent curve to the right, having a radius of 367.00 feet,
through a central angle of 36 degrees 30 minutes 00 seconds an arc distance of
233.80 feet; thence on a curve to the right, tangent to the previous curve,
having a radius of 50.00 feet, through a central angle of 86 degrees 01 minutes
50 seconds an arc distance of 75.08 feet to the Southerly line of Tasman Drive
as shown upon said map; thence along said line on a curve to the left, tangent
to the previous curve, having a radius of 1149.00 feet, through a central angle
of 32 degrees 31 minutes 01 seconds an arc distance of 652.09 feet; thence N.
59 degrees 28 minutes 40 seconds E. 600.40 feet; thence on a tangent curve to
the right, having a radius of 33.00 feet, through a central angle of 89 degrees
51 minutes 11 seconds an arc distance of 51.83 feet to the Southwesterly line
of First Street, as shown upon said map; thence along said line, S. 30 degrees
32 minutes 09 seconds E. 261.38 feet to the Northwesterly line of the lands of
the City and County of San Francisco, as shown upon said map; thence along said
line of the lands of the City and the County of San Francisco, S. 65 degrees 09
minutes 27 seconds W. 1396.95 feet to the point of beginning.
Those rights as contained in that certain Grant Deed executed by Masami Ezaki
and Kaoru Ezaki, his wife in favor of the City and County of San Francisco, a
municipal corporation recorded December 8, 1950 in Book 2111, page 319, Official
Records.
EXHIBIT A
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A strip of land 80 feet wide, lying 40 feet either side of the following
described line and extensions thereto, across that certain parcel of land
conveyed by Charles Nelson, et ux, to Masami Ezaki by Grant Deed dated February
27, 1936 and recorded March 11, 1936, in Volume No. 765, at page 262, Official
Records, Santa Clara County, hereinafter referred to as the Ezaki Parcel, said
line being more particularly described as commencing at a point in the Westerly
boundary of the existing San Jose-Alviso Road, said point being distant along
said boundary South 30 degrees 32 minutes 30 seconds East 381.31 feet from its
intersection with the Northerly boundary of the above mentioned Ezaki Parcel;
thence, from said point of commencement, South 65 degrees 08 minutes 00 seconds
West 1459.03 feet to a point in the common boundary between the above mentioned
Ezaki Parcel and that certain parcel of land conveyed by Lena Lindgren, et al,
to James A. Pankoski, et ux, by Joint Tenancy Deed dated November 13, 1944 and
recorded November 17, 1944 in Volume No. 1227 at Page 327, Official Records,
Santa Clara County, hereinafter referred to as the Pankoski Parcel, said point
being distant along said common boundary South 30 degrees 32 minutes 30 seconds
East 237.04 feet from the most Westerly corner of the above mentioned Ezaki
Parcel; the Easterly end of said strip being the above mentioned Westerly
boundary of the San Jose-Alviso Road, and the Westerly end of said strip being
the above mentioned common boundary between the Pankoski and Ezaki Parcels.
EXHIBIT A
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EXHIBIT B
PERMITTED EXCEPTIONS
1. Bond for Reassessment District #93-210 Consolidated Refunding
2. THE LIEN of supplemental taxes, if any, assessed as a result of
transfer of interest and/or new construction, said supplemented taxes
being assessed pursuant to Chapter 3.5 commencing with Section 75 of
the California Revenue and Taxation Code, for which no Notice of
Assessment has been issued, as of the date herein.
3. EASEMENT for the purposes stated herein and incidents thereto
Purpose : Right to excavate for, install, replace
(of initial or any other size), maintain
and use for conveying gas such pipe line
or lines as shall from time to time
elect, with necessary values and other
appliances
Granted to : Pacific Gas and Electric Company, a
California corporation
Recorded : July 6, 1944 in Book 1206, page 154,
Official Records
Affects : as follows:
By a Relocation Agreement between Oakmead Associates, a California
general partnership and Pacific Gas and Electric Company, a California
corporation
Recorded : April 5, 1989 In Book K903, page 1344,
Official Records
the easement was relocated as follows:
A strip of land of the uniform width of 15 feet extending from the
Northerly boundary line of said Lot 5, said Northerly boundary line
being the Southerly boundary line of the city street known as Tasman
Drive (128 feet wide), said Tasman Drive is shown on said map,
Southwesterly to the Westerly boundary line of said Lot 5, said
Westerly boundary line being the Easterly boundary line of the street
known as Rio Robles (66 feet wide), said street Rio Robles is also
shown on said map, and lying 7.5 feet on each side of the line
described as follows:
Beginning at a point in the Northerly boundary line of said Lot 5 and
running (1) S. 0 degrees 23.5 minutes E. 12.4 feet to a point which
bears, S. 66 degrees 35.0 minutes W. 579.2 feet distant from the found
5/8" brass pin set in concrete accepted as marking the Southwesterly
terminus of a course in the center line of said Tasman Drive, which
course as shown on said map has a bearing of, N. 59 degrees 28 minutes
40 seconds E. and a length of 700.88 feet; thence (2) S. 29 degrees
04.3 minutes W. 187.8 feet; thence (3) S. 57 degrees 38.6 minutes W.
10.8 feet to a point in the Westerly boundary line of said Lot 5. Said
line being a survey traverse made by second party in September, 1983.
The bearings used in the foregoing description are based on solar
observations made by second party.
EXHIBIT B
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4. TERMS and conditions as contained in the Grant Deed executed by Masami
Ezaki and Kaoru Ezaki, his wife in favor of the City and County of San
Francisco, a municipal corporation recorded December 8, 1950 in Book
2111, page 319, Official Records.
5. THE EFFECT of the Rincon de los Esteros Project Redevelopment Plan and
Ordinances Nos. 17306, 19686, 19835, 20677, 20958, 21417, 21496,
21903. 22660, 22412, 22761, 22761.1 and 22961, 23703, 23732, 23761
and 23934 of the City of San Jose as recorded and as disclosed by
documents recorded July 11, 1975 in Book B502, Page 711; August 6,
1979 in Book E699, Page 245; August 6, 1979 in Book E699, Page 277;
December 21, 1979 in Book F37, Page 585; October 8, 1981 in Book G382,
Page 605; July 28, 1982 in Book G929, Page 703; September 14, 1983 in
Book H892, Page 200; January 10, 1984 in Book 1220, Page 271; January
6, 1992 in Book L996, Page 508, all of Official Records, and as
disclosed by information provided by the Redevelopment Agency of the
City of San Jose.
6. EASEMENT for the purposes stated herein and incidents thereto
Purpose : Any and all public service facilities,
including, but not limited to, poles,
wires, conduits and vaults, storm sewers,
sanitary sewers, and gas, water,
electrical and communication mains and
all appurtenances thereto
Granted to : City of San Jose, a municipal corporation
of the State of California
Recorded : September 14, 1981 in Book G330, page
497, Official Records
Affects : That portion of said land as shown upon
the map herein referred to, more
particularly described as follows:
All that certain real property situated in the City of San Jose, County
of Santa Clara, State of California, being a portion of the parcel of
land described and designated as Parcel 1 in the deed to River Oaks
Associates 12, dated November 17, 1979, recorded in Book E962 of
Official Records, at page 145, Santa Clara County Records, more
particularly described as follows:
Beginning at a point in the centerline of North First Street (formerly
San Jose-Alviso Road) as said centerline is described in said deed at
the most Northerly corner of said parcel; thence along the
Northwesterly boundary line of said parcel, S. 59 degrees 28 minutes
40 seconds W. (S. 59 degrees 30 minutes W. per deed), 114.98 feet;
thence leaving said line, S. 30 degrees 31 minutes 20 seconds E. 34.00
feet to the true point of beginning; thence along a non-tangent curve
to the right having a radius of 50.00 feet; whose radius point bears
along the continuation of the last described course, S. 30 degrees 31
minutes 20 seconds E. through a central angle of 89 degrees 59
minutes 11 seconds for an arc length of 78.53 feet to a point in a
line which is parallel with and 65.00 feet Southwesterly of said
centerline; thence along said parallel line. S. 30 degrees 32 minutes
09 seconds E. 254.64 feet to a point in the Northwesterly boundary
line of the strip of land described in the deed to the City of County
of San Francisco, dated October 20,
EXHIBIT B
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1950; recorded in Book 2111 of Official Records, at page 319, Santa
Clara County Records; thence along said Northwesterly line, S.
65 degrees 09 minutes 27 seconds W. 10.05 feet to a point in a line
that is parallel with and 75.00 feet Southwesterly from said
centerline; thence along said parallel line, N. 30 degrees 32 minutes
09 seconds W. 253.64 feet; thence along a curve to the left, having a
radius of 40.00 feet, through a central angle of 89 degrees 59 minutes
11 seconds for an arc length of 62.82 feet; thence N. 30 degrees 31
minutes 20 seconds W. 10.00 feet to the true point of beginning; the
bearing of, S. 30 degrees 32 minutes 09 seconds E. of the monument
line of North First Street, as shown on the Parcel Map recorded in
Book 460 of Maps, at page 1, Santa Clara County Records, was used as
the basis of bearings for this description.
7. EASEMENT for the purposes stated herein and incidents thereto
Purpose : Landscape Easement
Granted to : City of San Jose, a municipal corporation
Recorded : September 14, 1981 in Book G330, page
504, Official Records
Affects : The Northeasterly 20 feet of Parcel Three
8. LICENSE for the purposes stated herein and incidents thereto
Purpose : To construct, install, maintain,
repair, renew, replace, operate and use
an interim storm sewer pipe line or lines
and appurtenances of any size of
material, and/or a surface drainage
release
Granted to : City of San Jose, a municipal corporation
of the State of California
Recorded : September 14, 1981 in Book G330, page
511, Official Records
Affects : that portion of said land as shown upon
the map herein referred to, more
particularly described as follows:
All that certain real property situated in the City of San Jose, County
of Santa Clara, State of California, being a portion of the parcel of
land described and designated as Parcel 1 in the deed to River Oaks
Associates #2, dated November 17, 1979, recorded in Book E962 of
Official Records, at page 145, Santa Clara County Records, more
particularly described as follows:
Beginning at a point in the centerline of North First Street (formerly
San Jose-Alviso Road) as said centerline is described in said deed at
the most Northerly corner of said parcel; thence along the
Northwesterly boundary line of said parcel, S. 59 degrees 28 minutes
40 seconds W. (S. 59 degrees 30 minutes W. per deed), 114.98 feet;
thence leaving said boundary line, S. 30 degrees 31 minutes 20 seconds
E 34.00; thence along a non-tangent curve to the right having a radius
of 50.00 feet whose radius point bears along the continuation of the
last described course, S. 30 degrees 31 minutes 20 seconds E. through
a central angle of 17 degrees 26 minutes 39 seconds for an arc length
of 15.22 feet to the point of beginning; thence continuing along said
curve to the right having a radius of 50.00 feet, through a central
angle of 19 degrees 24 minutes 44 seconds for an arc length 16.94 feet
to a point in a line that is parallel with and 85.00 feet
Southwesterly of said centerline;
EXHIBIT B
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thence along said parallel line S. 30 degrees 32 minutes 09 seconds E.
292.64 feet to a point in the Northwesterly boundary line of the
strip of land described in the deed to the City and County of San
Francisco, dated October 20, 1950, recorded in Book 2111 of Official
Records, at page 319, Santa Clara County Records; thence along said
Northwesterly boundary line, S. 65 degrees 09 minutes 27 seconds W.
(S. 65 degrees 08 minutes 00 seconds W. per deed), 15.07 feet to a
point in a line which is parallel with and 100.00 feet Southwesterly
of said centerline; thence along said parallel line, N. 32 minutes
09 seconds W. 298.84 feet to the true point of beginning.
9. AN EASEMENT affecting the portion of said land and for the purpose
stated herein and incidental purposes, shown or dedicated by the map of
Tract 7408 filed in Book 506 of Maps, pages 24, 25 and 26.
Purpose : Public Service Easement
Affects : The Southwesterly 8 feet of
Parcel One; the Northeasterly and
Northwesterly 10 feet of Parcel Three;
and the Southwesterly 8 feet of Parcel
Three
10. EASEMENT as shown on the filed map of Tract 7408 filed in Book 506 of
Maps, pages 24-26 and incidents thereto
Purpose : Landscape Easement
Affects : The Southwesterly 18 feet of Parcel
One; the Northeasterly and Northwesterly
20 feet of Parcel Three; and the
Southwesterly 18 feet of Parcel Three.
11. EASEMENT for the purposes stated herein and incidents thereto
Purpose : Public Service Easement
Granted to : City of San Jose
Recorded : November 19, 1982 in Book H156, page 275,
Official Records
Affects : The Northwesterly 25 feet of Parcel One.
12. EASEMENT for the purposes stated herein and incidents thereto
Purpose : The installation, maintenance and
operation of all landscaping plant forms,
irrigation systems, retaining walls, and
decorative walkway paving now existing or
hereinafter to be constructed
Granted to : City of San Jose, a municipal corporation
of the State of California
Recorded : May 27, 1983 in Book H590, page 649,
Official Records
Affects : The Southwesterly 18 feet of Parcel One;
the Northeasterly and Northwesterly 20
feet of Parcel Three; and the
Southwesterly 18 feet of Parcel Three.
EXHIBIT B
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13. EASEMENT for the purposes stated herein and incidents thereto
Purpose : The installation, maintenance and
operation of all landscaping plant forms,
irrigation systems, retaining walls, and
decorative walkway paving now existing or
hereinafter to be constructed
Granted to : City of San Jose, a municipal corporation
of the State of California
Recorded : May 27, 1983 in Book H590, page 6S2,
Official Records
Affects : The Northerly and Westerly corner of
Parcel Three.
14. AGREEMENT on the terms and conditions contained therein,
For : The installation and maintenance of
landscape improvements
Between : City of San Jose, a municipal corporation
And : Oakmead-San Jose, a California general
partnership and Oakmead-San Jose Sign and
Landscape Maintenance Association, a
California non-profit mutual benefit
corporation
Recorded : May 27, 1983 in Book H590, page 862,
Official Records.
15. EASEMENT for the purposes stated herein and incidents thereto
Purpose : The construction, installation, repair
and maintenance of interlocking pavers,
retaining walls and signs, and for
pedestrian and vehicular access as
necessary or desirable thereto, but
subject to the obligation of the
association of the association, its
successors and assigns, to promptly
repair any damage to said Improvements
lying within the Sign and Landscape
Easements resulting from the
Association's activities thereon
Granted to : Oakmead-San Jose Sign and Landscape
Maintenance Association, a non-profit
mutual benefit corporation
Recorded : June 3, 1983 in Book H604, page 322,
Official Records
Affects : The Northerly and Westerly corner of
Parcel Three
16. LIMITATIONS, covenants, conditions, restrictions, reservations,
exceptions, terms, liens or charges, but deleting restrictions, if any,
based on race, color, religion or national origin contained in the
document recorded June 3, 1983 in Book H604, page 334, Official
Records.
CONTAINS mortgagee protection clause.
MODIFICATION thereof recorded January 26, 1984 in Book 1257, page 252,
Official Records.
EXHIBIT B
12
16. Continued.
A Notice of Amendment of Design Guidelines
Executed by : Oakmead-San Jose, a California general
partnership
Recorded : June 21, 1984 in Book 1649, page 543,
Official Records
An instrument entitled, "Designation of Approving Agent," whereby
Kimball Small Properties, a California corporation was designated
approving agent under the CC&R's and Design Guidelines, Recorded :
April 29, 1988 in Book K517, page 940, Official Records
MODIFICATION thereof recorded October 18, 1988 in Book K721, page 265,
Official Records.
An instrument entitled, "Assignment of Grantors Rights under
Declaration of Covenants, Conditions and Restrictions for Oakmead-San
Jose and Removal of Approving Agent,"
Dated : October 18, 1988
Between : Oakmead-San Jose, a California general
partnership and Oakmead Associates, a
California general partnership
Recorded : October 18, 1988 in Book K721, page 295,
Official Records
An instrument entitled, "Assignment of Grantor's Rights under
Declaration of Covenants, Conditions and Restrictions for Oakmead-San
Jose and Removal of Approving Agent,"
Dated : April 20,1989
Between : Oakmead Associates, a California general
partnership and Amdahl Corporation, a
Delaware corporation
Recorded : April 21, 1989 in Book K927, page 332,
Official Records
An instrument entitled, "Assignment of Grantor's Rights under
Declaration of Covenants. Conditions and Restrictions for Oakmead-San
Jose,"
Dated : July 12, 1989
Between : Oakmead Associates, a California general
partnership and Amdahl Corporation, a
Delaware corporation
Recorded : July 12, 1989 in Book L017, page 1927,
Official Records
Partial Termination as to other property recorded September 18, 1989 in
Book L097, page 1662, Official Records.
EXHIBIT B
13
17. LIMITATIONS, covenants, conditions, restrictions, reservations,
exceptions, terms, liens or charges, but deleting restrictions, if any,
based on race, color, religion or national origin contained in the
document recorded June 3, 1983 in Book H604, page 505, Official
Records.
Said instrument also provides for the levy of assessments, the lien of
which are stated to be subordinate to the lien of a First Mortgage or
First Deed of Trust made In good faith and for value.
MODIFICATION thereof recorded January 26, 1984 in Book 1257, page 246,
Official Records.
An instrument entitled, "Assignment of Grantor's Rights under
Declaration of Covenants, Conditions and Restrictions for Oakmead-San
Jose and Removal of Approving Agent,"
Dated : October 18, 1988
Between : Oakmead-San Jose, a California general
partnership and Oakmead Associates, a
California general partnership
Recorded : October 18, 1988 in Book K721, page 295,
Official Records
An instrument entitled, "Assignment of Grantor's Rights under
Declaration of Covenants, Conditions and Restrictions for Oakmead-San
Jose and Removal of Approving Agent,"
Dated : April 20, 1989
Between : Oakmead Associates, a California general
partnership and Amdahl Corporation, a
Delaware corporation
Recorded : April 20, 1989 in Book K927, page 332,
Official Records
An instrument entitled, "Assignment of Grantors Rights under
Declaration of Covenants, Conditions and Restrictions for Oakmead-San
Jose,"
Dated : July 12, 1989
Between : Oakmead Associates, a California general
partnership and Amdahl Corporation, a
Delaware corporation
Recorded : July 12, 1989 in Book L017, page 1927,
Official Records
MODIFICATION thereof recorded July 19, 1989 in Book L024, page 587,
Official Records.
18. EASEMENT for the purposes stated herein and incidents thereto
Purpose : Underground and above ground
communication facilities
Granted to : Pacific Bell
Recorded : May 17, 1984 in Book 1552, page 624,
Official Records
Affects : The Southwesterly 10 feet of Parcel One
EXHIBIT B
14
19. AGREEMENT on the terms and conditions contained therein,
For : Gas and electric service
Between : Pacific Gas and Electric Company, City of
San Jose
And : Oakmead-San Jose
As disclosed by a Memorandum of Agreement
Recorded : February 25, 1985 In Book J271, page 37,
Official Records.
20. EASEMENT for the purposes stated herein and incidents thereto
Purpose : Emergency overland storm drainage release
Granted to : Amdahl Corporation, a Delaware
corporation
Recorded : August 8, 1990, in Book L443, page 754,
Official Records
Affects : The Northwesterly 10 feet of the
Southeasterly 30 feet and the
Northeasterly 10 feet of the
Northwesterly 100 feet of the
Southeasterly 130 feet of Parcel One.
21. TERMS AND CONDITIONS of that certain Site Development Permit
File No. : HSH 90-09-104
As disclosed by a Notice of Granting of a Site Development Permit
Recorded : January 24, 1991 in Book L600, page 1242,
Official Records
22. TERMS AND CONDITIONS of that certain Site Development Permit
File No. : HSH 92-02-011
As disclosed by a Notice of Granting of a Site Development Permit
Recorded : August 21, 1992 in Book M340, page 824,
Official Records
23. TERMS AND CONDITIONS of that certain Site Development Permit
File No. : H94-07-041
As disclosed by a Notice of Granting of a Site Development Permit
Recorded : October 19, 1994 in Book N638, page 21.5,
Official Records
EXHIBIT B