Common use of Cooperative Drafting Clause in Contracts

Cooperative Drafting. This Agreement has been drafted through a cooperative effort of all parties, and all parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SELLER ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT UNLESS AND UNTIL APPROPRIATE LEGISLATION OF CITY'S BOARD OF SUPERVISORS SHALL HAVE BEEN DULY ENACTED APPROVING THIS AGREEMENT AND AUTHORIZING THE TRANSACTIONS CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON THE DUE ENACTMENT OF SUCH LEGISLATION, AND THIS AGREEMENT SHALL BE NULL AND VOID IF CITY'S BOARD OF SUPERVISORS AND MAYOR DO NOT APPROVE THIS AGREEMENT, IN THEIR RESPECTIVE SOLE DISCRETION. APPROVAL OF ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY SHALL NOT BE DEEMED TO IMPLY THAT SUCH LEGISLATION WILL BE ENACTED NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY. [SIGNATURES ON FOLLOWING PAGES] The parties have duly executed this Agreement as of the respective dates written below. SELLER: 2558 MISSION LLC a California limited liability company By: Van Xxxx Xxxx Corp., a California corporation Its Managing Member By:_ Xxxx Xxxxx President CITY: CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation By: XXXX XXXXXX Director of Property Date: APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Xxxx X. Xxxxx Deputy City Attorney Title Company agrees to act as escrow holder in accordance with the terms of this Agreement and to execute the Designation Agreement (attached hereto as Exhibit J) and act as the Reporting Person (as such term is defined in the Designation Agreement). Title Company's failure to execute below shall not invalidate the Agreement between City, Seller and Developer. TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: Date: EXHIBIT A REAL PROPERTY DESCRIPTION All that certain real property located in the County of San Francisco, State of California, described as follows: Parcel A, Assessor’s Block Xx. 0000, Xxx Xx. 00 as shown on Parcel Map No. 7207, filed April 25, 2013 in Book 48 of Parcel Maps, at Pages 130 & 131, in the Office of the Recorder of the City and County of San Francisco, State of California, and more particularly described as follows: Beginning at a point on the westerly line of Xxxxxxxx Street (59.09 feet wide), distant thereon North 04°15'00" West, 30.02 feet from the intersection of the southerly line of Xxxxx Xxxxxx Street (100.00 feet wide) and the westerly line of Xxxxxxxx Street (59.09 feet wide); thence North 84°25'49" West, 101.36 feet; thence 04°15'00" West, 25.74 feet; thence North 14°49'38" East, 107.24 feet; thence North 88°41'39" East, 64.91 feet to the westerly line of Xxxxxxxx Street; thence along said westerly line South 04°15'00" East, 141.04 feet to the Point of Beginning. Being a portion of Mission Block No. 200. Containing 11,672.2 sq. ft. EXHIBIT B PERSONAL PROPERTY DESCRIPTION [TO COME FROM SELLER] EXHIBIT C GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Director of Property Real Estate Division City and County of San Francisco 00 Xxx Xxxx Xxxxxx, Suite 400 San Francisco, California 94102 The undersigned hereby declares this instrument to be exempt from Recording Fees (CA Govt. Code § 27383) and Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105) (Space above this line reserved for Recorder’s use only) GRANT DEED (Assessor's Parcel No. ) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, XXXXXX X. XXXXXX AND XXXXXXX XXXXXX, TRUSTEES OF THE XXXXXX TRUST UDT DATED OCTOBER 3, 2003, hereby grant to the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, the real property located in the City and County of San Francisco, State of California, described on Exhibit A attached hereto and made a part hereof (the "Property"). TOGETHER WITH any and all rights, privileges and easements incidental or appurtenant to the Property, including, without limitation, any and all minerals, oil, gas and other hydrocarbon substances on and under the Property, as well as any and all development rights, air rights, water, water rights, riparian rights and water stock relating to the Property, and any and all easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Land and all of Grantor's right, title and interest in and to any and all roads and alleys adjoining or servicing the Property. Executed as of this day of _, 2013. Xxxxxx X. Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October, 03,2003 Xxxxxxx Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October 03, 2003 State of California ) ) ss County of San Francisco ) On , before me, , a notary public in and for said State, personally appeared , who 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)

Cooperative Drafting. This Agreement Lease has been drafted through a cooperative effort of all both parties, and all both parties have had an opportunity to have the Agreement Lease reviewed and revised by legal counsel. No party shall be considered the drafter of this AgreementLease, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this AgreementLease. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENTLEASE, SELLER LANDLORD ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT HERETO UNLESS AND UNTIL APPROPRIATE LEGISLATION OF CITY'S ’S BOARD OF SUPERVISORS SHALL HAVE BEEN DULY ADOPTED A RESOLUTION [OR ENACTED AN ORDINANCE] APPROVING THIS AGREEMENT LEASE AND AUTHORIZING CONSUMMATION OF THE TRANSACTIONS TRANSACTION CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON THE DUE ENACTMENT ADOPTION OF SUCH LEGISLATIONA RESOLUTION, AND THIS AGREEMENT LEASE SHALL BE NULL AND VOID IF UNLESS CITY'S ’S MAYOR AND BOARD OF SUPERVISORS AND MAYOR DO NOT APPROVE THIS AGREEMENTLEASE, IN THEIR RESPECTIVE SOLE AND ABSOLUTE DISCRETION, AND IN ACCORDANCE WITH ALL APPLICABLE LAWS. APPROVAL OF ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY THIS LEASE BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY SHALL NOT BE DEEMED TO IMPLY THAT SUCH LEGISLATION RESOLUTION WILL BE ENACTED ADOPTED NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY. [SIGNATURES ON FOLLOWING PAGES] The parties have duly executed this Agreement as of the respective dates written below. SELLERNOTE: 2558 MISSION LLC a California limited liability company By: Van Xxxx Xxxx Corp., a California corporation Its Managing Member By:_ Xxxx Xxxxx President CITY: CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation By: XXXX XXXXXX Director of Property Date: APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Xxxx X. Xxxxx Deputy City Attorney Title Company agrees to act as escrow holder in accordance with the terms of this Agreement and to execute the Designation Agreement (attached hereto as Exhibit J) and act as the Reporting Person (as such term is defined in the Designation Agreement). Title Company's failure to execute below shall not invalidate the Agreement between City, Seller and Developer. TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: Date: EXHIBIT A REAL PROPERTY DESCRIPTION All that certain real property located in the County of San Francisco, State of California, described as follows: Parcel A, Assessor’s Block Xx. 0000, Xxx Xx. 00 as shown on Parcel Map No. 7207, filed April 25, 2013 in Book 48 of Parcel Maps, at Pages 130 & 131, in the Office of the Recorder of the City and County of San Francisco, State of California, and more particularly described as follows: Beginning at a point on the westerly line of Xxxxxxxx Street (59.09 feet wide), distant thereon North 04°15'00" West, 30.02 feet from the intersection of the southerly line of Xxxxx Xxxxxx Street (100.00 feet wide) and the westerly line of Xxxxxxxx Street (59.09 feet wide); thence North 84°25'49" West, 101.36 feet; thence 04°15'00" West, 25.74 feet; thence North 14°49'38" East, 107.24 feet; thence North 88°41'39" East, 64.91 feet to the westerly line of Xxxxxxxx Street; thence along said westerly line South 04°15'00" East, 141.04 feet to the Point of Beginning. Being a portion of Mission Block No. 200. Containing 11,672.2 sq. ft. EXHIBIT B PERSONAL PROPERTY DESCRIPTION [TO COME FROM SELLER] EXHIBIT C GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Director of Property Real Estate Division City and County of San Francisco 00 Xxx Xxxx Xxxxxx, Suite 400 San Francisco, California 94102 The undersigned hereby declares this instrument to be exempt from Recording Fees (CA Govt. Code § 27383) and Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105) (Space above this line reserved for Recorder’s use only) GRANT DEED (Assessor's Parcel No. ) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, XXXXXX X. XXXXXX AND XXXXXXX XXXXXX, TRUSTEES OF THE XXXXXX TRUST UDT DATED OCTOBER 3, 2003, hereby grant to the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, the real property located in the City and County of San Francisco, State of California, described on Exhibit A attached hereto and made a part hereof (the "Property"). TOGETHER WITH any and all rights, privileges and easements incidental or appurtenant to the Property, including, without limitation, any and all minerals, oil, gas and other hydrocarbon substances on and under the Property, as well as any and all development rights, air rights, water, water rights, riparian rights and water stock relating to the Property, and any and all easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Land and all of Grantor's right, title and interest in and to any and all roads and alleys adjoining or servicing the Property. Executed as of this day of _, 2013. Xxxxxx X. Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October, 03,2003 Xxxxxxx Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October 03, 2003 State of California ) ) ss County of San Francisco ) On , before me, , a notary public in and for said State, personally appeared , who 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)DELETE THIS

Cooperative Drafting. This Agreement Lease has been drafted through a cooperative effort of all both parties, and all both parties have had an opportunity to have the Agreement Lease reviewed and revised by legal counsel. No party shall be considered the drafter of this AgreementLease, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this AgreementLease. [No further text this page.] NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENTLEASE, SELLER LANDLORD ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT HERETO UNLESS AND UNTIL APPROPRIATE LEGISLATION OF CITY'S ’S BOARD OF SUPERVISORS AND MAYOR SHALL HAVE BEEN DULY ENACTED ADOPTED A RESOLUTION APPROVING THIS AGREEMENT LEASE AND AUTHORIZING CONSUMMATION OF THE TRANSACTIONS TRANSACTION CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON THE DUE ENACTMENT ADOPTION OF SUCH LEGISLATIONA RESOLUTION, AND THIS AGREEMENT LEASE SHALL BE NULL AND VOID IF UNLESS CITY'S ’S BOARD OF SUPERVISORS AND MAYOR DO NOT APPROVE APPROVES THIS AGREEMENTLEASE, IN THEIR RESPECTIVE ITS SOLE AND ABSOLUTE DISCRETION, AND IN ACCORDANCE WITH ALL APPLICABLE LAWS. APPROVAL NEED LANGUAGE COUPLING EFFECTIVENESS OF ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY SHALL NOT BE DEEMED THIS LEASE TO IMPLY THAT SUCH LEGISLATION WILL BE ENACTED NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY. [SIGNATURES ON FOLLOWING PAGES] The parties AN ACCOMPANYING LEASE FOR HSS BEING AT ALL TIMES IN FULL FORCE AND EFFECT Landlord and City have duly executed this Agreement Lease as of the respective dates date first written belowabove. SELLERLANDLORD: 2558 MISSION LLC a California limited liability company By: Van Xxxx Xxxx Corp.0000 XXXXXX XXXXXX LP, a California corporation Its Limited Partnership By: 0000 XXXXXX XXXXXX LLC, General Partner By: Trinity Management Services, Managing Member Agent By:_ Xxxx Xxxxx : Xxx Xxxxxxxxxx Its: President CITY: CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation By: XXXX XXXXXX Xxxx Xxxxxx Director of Property Date: APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Xxxx X. Xxxxx Deputy City Attorney Title Company agrees to act as escrow holder in accordance with the terms of this Agreement and to execute the Designation Agreement (attached hereto as Exhibit J) and act as the Reporting Person (as such term is defined in the Designation Agreement). Title Company's failure to execute below shall not invalidate the Agreement between City, Seller and Developer. TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: Date: EXHIBIT A REAL PROPERTY DESCRIPTION All that certain real property located in the County of San Francisco, State of California, described as follows: Parcel A, Assessor’s Block Xx. 0000, Xxx Xx. 00 as shown on Parcel Map No. 7207, filed April 25, 2013 in Book 48 of Parcel Maps, at Pages 130 & 131, in the Office of the Recorder of the City and County of San Francisco, State of California, and more particularly described as follows: Beginning at a point on the westerly line of Xxxxxxxx Street (59.09 feet wide), distant thereon North 04°15'00" West, 30.02 feet from the intersection of the southerly line of Xxxxx Xxxxxx Street (100.00 feet wide) and the westerly line of Xxxxxxxx Street (59.09 feet wide); thence North 84°25'49" West, 101.36 feet; thence 04°15'00" West, 25.74 feet; thence North 14°49'38" East, 107.24 feet; thence North 88°41'39" East, 64.91 feet to the westerly line of Xxxxxxxx Street; thence along said westerly line South 04°15'00" East, 141.04 feet to the Point of Beginning. Being a portion of Mission Block No. 200. Containing 11,672.2 sq. ft. FLOOR PLAN CONSISTING OF TWO PAGES [Attach] EXHIBIT B PERSONAL PROPERTY DESCRIPTION NOTICE OF COMMENCEMENT DATE [TO COME FROM SELLERDate] EXHIBIT C GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Xxxx Xxxxxx Director of Property Real Estate Division City and County of San Francisco 00 Xxx Xxxx Xxxxxx, Suite 400 San Francisco, CA 94102 RE: Acknowledgement of Commencement Date, Lease between 0000 XXXXXX XXXXXX LP, a California 94102 The undersigned hereby declares this instrument to be exempt from Recording Fees Limited Partnership (CA Govt. Code § 27383) Landlord), and Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105) (Space above this line reserved for Recorder’s use only) GRANT DEED (Assessor's Parcel No. ) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, XXXXXX X. XXXXXX AND XXXXXXX XXXXXX, TRUSTEES OF THE XXXXXX TRUST UDT DATED OCTOBER 3, 2003, hereby grant to the CITY AND COUNTY OF SAN FRANCISCOFRANCISCO (Tenant), a municipal corporationfor premises known as 0000 Xxxxxx Xxxxxx, the real property Xxxxx 000 located in the City and County of at San Francisco, State of California, described on Exhibit A attached hereto and made a part hereof (the "Property")California Dear Xx. TOGETHER WITH any and Xxxxxx: This letter will confirm that for all rights, privileges and easements incidental or appurtenant to the Property, including, without limitation, any and all minerals, oil, gas and other hydrocarbon substances on and under the Property, as well as any and all development rights, air rights, water, water rights, riparian rights and water stock relating to the Property, and any and all easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment purposes of the Land and all Lease, the Commencement Date (as defined in Section 3.2 of Grantor's rightthe Lease) is , title and interest in and to any and all roads and alleys adjoining or servicing the Property201_. Executed as Please acknowledge your acceptance of this day letter by signing and returning a copy of _this letter. Very truly yours, 2013. Accepted and Agreed: By: Xxxx Xxxxxx X. Xxxxxx, Trustee Director of the Xxxxxx Trust UDT dated October, 03,2003 Xxxxxxx Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October 03, 2003 State of California ) ) ss County of San Francisco ) On , before me, , a notary public in and for said State, personally appeared , who 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)Property Dated: By: Title: EXHIBIT C EXCLUSIONS FROM OPERATING COSTS

Cooperative Drafting. This Agreement License has been drafted through a cooperative effort of all both parties, and all both parties have had an opportunity to have the Agreement License reviewed and revised by legal counsel. No party shall be considered the drafter of this AgreementLicense, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this AgreementLicense. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENTLICENSE, SELLER LICENSEE ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT LICENSE UNLESS AND UNTIL APPROPRIATE LEGISLATION THE BOARD OF DIRECTORS OF CITY'S BOARD OF SUPERVISORS ’S MUNICIPAL TRANSPORTATION AGENCY SHALL HAVE BEEN DULY ENACTED ADOPTED A RESOLUTION APPROVING THIS AGREEMENT THE TOWING AMENDMENT AND AUTHORIZING THE TRANSACTIONS CONTEMPLATED HEREBYIN THIS LICENSE. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON THE DUE ENACTMENT ADOPTION OF SUCH LEGISLATIONA RESOLUTION, AND THIS AGREEMENT LICENSE SHALL BE NULL AND VOID IF CITY'S THE BOARD OF SUPERVISORS AND MAYOR DIRECTORS OF CITY’S MUNICIPAL TRANSPORTATION AGENCY DO NOT APPROVE THE TOWING AMENDMENT AND THIS AGREEMENT, LICENSE IN THEIR ITS RESPECTIVE SOLE DISCRETION. APPROVAL OF ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY THIS LICENSE BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY SHALL NOT BE DEEMED TO IMPLY THAT SUCH LEGISLATION RESOLUTION WILL BE ENACTED ENACTED, NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY. [SIGNATURES ON FOLLOWING PAGES] The parties have duly executed this Agreement as of the respective dates written below. SELLER: 2558 MISSION LLC a California limited liability company By: Van Xxxx Xxxx Corp., a California corporation Its Managing Member By:_ Xxxx Xxxxx President CITY: CITY AND COUNTY REMAINDER OF SAN FRANCISCO, a municipal corporation By: XXXX XXXXXX Director of Property Date: APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Xxxx X. Xxxxx Deputy City Attorney Title Company agrees to act as escrow holder in accordance with the terms of this Agreement and to execute the Designation Agreement (attached hereto as Exhibit J) and act as the Reporting Person (as such term is defined in the Designation Agreement). Title Company's failure to execute below shall not invalidate the Agreement between City, Seller and Developer. TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: Date: EXHIBIT A REAL PROPERTY DESCRIPTION All that certain real property located in the County of San Francisco, State of California, described as follows: Parcel A, Assessor’s Block Xx. 0000, Xxx Xx. 00 as shown on Parcel Map No. 7207, filed April 25, 2013 in Book 48 of Parcel Maps, at Pages 130 & 131, in the Office of the Recorder of the City and County of San Francisco, State of California, and more particularly described as follows: Beginning at a point on the westerly line of Xxxxxxxx Street (59.09 feet wide), distant thereon North 04°15'00" West, 30.02 feet from the intersection of the southerly line of Xxxxx Xxxxxx Street (100.00 feet wide) and the westerly line of Xxxxxxxx Street (59.09 feet wide); thence North 84°25'49" West, 101.36 feet; thence 04°15'00" West, 25.74 feet; thence North 14°49'38" East, 107.24 feet; thence North 88°41'39" East, 64.91 feet to the westerly line of Xxxxxxxx Street; thence along said westerly line South 04°15'00" East, 141.04 feet to the Point of Beginning. Being a portion of Mission Block No. 200. Containing 11,672.2 sq. ft. EXHIBIT B PERSONAL PROPERTY DESCRIPTION [TO COME FROM SELLER] EXHIBIT C GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Director of Property Real Estate Division City and County of San Francisco 00 Xxx Xxxx Xxxxxx, Suite 400 San Francisco, California 94102 The undersigned hereby declares this instrument to be exempt from Recording Fees (CA Govt. Code § 27383) and Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105) (Space above this line reserved for Recorder’s use only) GRANT DEED (Assessor's Parcel No. ) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, XXXXXX X. XXXXXX AND XXXXXXX XXXXXX, TRUSTEES OF THE XXXXXX TRUST UDT DATED OCTOBER 3, 2003, hereby grant to the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, the real property located in the City and County of San Francisco, State of California, described on Exhibit A attached hereto and made a part hereof (the "Property"). TOGETHER WITH any and all rights, privileges and easements incidental or appurtenant to the Property, including, without limitation, any and all minerals, oil, gas and other hydrocarbon substances on and under the Property, as well as any and all development rights, air rights, water, water rights, riparian rights and water stock relating to the Property, and any and all easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Land and all of Grantor's right, title and interest in and to any and all roads and alleys adjoining or servicing the Property. Executed as of this day of _, 2013. Xxxxxx X. Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October, 03,2003 Xxxxxxx Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October 03, 2003 State of California ) ) ss County of San Francisco ) On , before me, , a notary public in and for said State, personally appeared , who 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)PAGE INTENTIONALLY BLANK]

Cooperative Drafting. This Agreement has been drafted through a cooperative effort of all both parties, and all both parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Agreement. NOTWITHSTANDING ANYTHING ANYTHIN G TO THE CONTRARY CONTRAR Y CONTAINED IN THIS AGREEMENTAGREEMENT , SELLER ACKNOWLEDGES AND XXXXXX Y ACKNOWLEDGE S AN D AGREES THAT NO OFFICER OR EMPLOYEE EMPLOYE E OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT UNLESS AND AN D UNTIL APPROPRIATE LEGISLATION A RESOLUTION OR ORDINANCE OF CITY'S ' S BOARD OF SUPERVISORS SHALL HAVE BEEN DULY SHAL L HAV E BEE N DUL Y ENACTED APPROVING THIS AGREEMENT AND AN D AUTHORIZING THE TRANSACTIONS CONTEMPLATED HEREBY. THEREFORE, ANY AN Y OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE AR E CONTINGENT UPON THE DUE ENACTMENT ENACTMEN T OF SUCH LEGISLATIONA RESOLUTION OR ORDINANCE, AND AN D THIS AGREEMENT SHALL SHAL L BE NULL AND NUL L AN D VOID IF CITY'S ' S BOARD OF SUPERVISORS AND MAYOR AN D MAYO R DO NOT APPROVE THIS AGREEMENT, IN AGREEMENT TN THEIR RESPECTIVE SOLE DISCRETION. APPROVAL OF ANY APPROVA L OF THE TRANSACTIONS CONTEMPLATED HEREBY BY ANY B Y AN Y DEPARTMENT, COMMISSION OR AGENCY AGENC Y OF CITY SHALL SHAL L NOT BE DEEMED Rev 1/2014 14 PSA (JWG McHenry - Modesto easement (6-9-15 cjs)) TO IMPLY THAT SUCH LEGISLATION RESOLUTION OR ORDINANCE WILL BE ENACTED NOR WILL ANY AN Y SUCH APPROVAL APPROVA L CREATE ANY AN Y BINDING OBLIGATIONS ON CITY. [SIGNATURES ON FOLLOWING PAGES] Rev 15 PSA (JWG McHenry - Modesto easement cjs)) The parties have duly executed this Agreement as of the respective dates written below. SELLERCITY: 2558 MISSION MCHENRY : CITY AN D COUNTY OF JWG XXXXXXX , LLC , a California limited liability company By: Van Xxxx Xxxx Corp., a California corporation Its Managing Member By:_ Xxxx Xxxxx President CITY: CITY AND COUNTY OF SAN SA N FRANCISCO, a municipal corporation By: XXXX XXXXXX Director of Property Date: Date: APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Xxxx X. Xxxxxxx Xxxxxxx Xxxxx Deputy City Attorney Title Company agrees to act as escrow holder in accordance with the terms of this Agreement and to execute the Designation Agreement Rev 16 PSA (attached hereto as Exhibit JJWG McHenry - Modesto (6-9-15 cjs)) and act as the Reporting Person (as such term is defined in the Designation Agreement). Title Company's failure to execute below shall not invalidate the Agreement between City, Seller and Developer. TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: Date: EXHIBIT "A REAL PROPERTY " LEGAL DESCRIPTION All that certain real property located situate in the City of Modesto, County of San FranciscoStanislaus, State of California, lying within the Southwest quarter of Section 4, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows: Parcel A, Assessor’s Block Xx. 0000, Xxx Xx. 00 ALL that portion of that certain 110.00 foot wide tract of land (herein after referred to as shown on Parcel Map No. 7207, Hetch Hetchy Aqueduct right of way) conveyed to the City and County of San Francisco by Xxxxx Xxxx filed April 25, 2013 in Book 48 of Parcel Maps, at Pages 130 & 131, in the Office of the Recorder of the City and County of San FranciscoStanislaus on February in Book 53 of Official Records at Page 491, State of California, and being more particularly described as follows: Beginning COMMENCING at the intersection point of the West of said Section 4 and the surveyed center line of the Hetch Hetchy Aqueduct right of way, said point bears North West, a distance of 875.40 feet as same is shown on that amended map filed for record in the Office of the Recorder of the County of Stanislaus on January in Book 54 of Parcel Maps at Page 28; thence North 70°11'10" East along the center line of said surveyed center of the Hetch Hetchy Aqueduct right of way, a distance feet to a point on the westerly East line of Xxxxxxxx Street that parcel of land conveyed to the State of California (59.09 feet wide), distant thereon North 04°15'00" West, 30.02 feet from State Highway 108) by Deed recorded July as Document Number 63580 and being the intersection TRUE POINT OF BEGINNING of the southerly line of Xxxxx Xxxxxx Street (100.00 feet wide) and the westerly line of Xxxxxxxx Street (59.09 feet wide)this description; thence North 84°25'49" WestWest along last said line, 101.36 feet; thence 04°15'00" West, 25.74 feeta distance of 58.02 feet to angle point in last said line and a point on the North line of said Hetch Hetchy Aqueduct right of way; thence North 1470°49'3811'10" East along last said line, a distance of 32.97 feet to a point of with the East right of way fine of that certain 12.00 foot strip dedicated to the City of Modesto on last said Parcel Map; thence South 01°13'55" East, 107.24 feeta distance of 116.05 feet to a point on the Southerly line of Hetch Hetchy Aqueduct right of way; thence South West along last said line, a distance of 32.97 to a point on the East line of said State Highway 108; thence North 88°41'39" EastWest along last said line, 64.91 a distance feet to the westerly line point of Xxxxxxxx Streetbeginning of this description. CONTAINING 3,627 square feet more or less J:\910-13\SURVEYlNG\Legal\LD_HHRW(Rl).Docx EXHIBI T B Plat of Property PSA (JWG - Modesto easement (6-9-15 cjs)) AVENUE EXIST. RIGHT WAY LINE 3,627 SQ. FT. EXIST. RIGHT OF WAY LINE | i \ v u . _ DRAWN: DLS DATE- SCALE: 1" = 910-13 DWG: ExB(HH)(r1) PLAT TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, T. 3 X., X. 9 M.D.M. CITY OF MODESTO, CALIFORNIA ASSOCIATED ENGINEERING GROUP 0000 XXXXXXXXXX XXXXX, XXXXX XXXXXXX, XX 00000 (000) 000-0000 SCHEDUL E 1 PROPERT Y DISCLOSURES Pursuant to Section 4.2 of the Agreement for Sale of Real Estate, to which this Schedule is attached, City discloses the following information concerning the Property: • There are three (3) large diameter pipelines buried in the soil; thence along said westerly line South 04°15'00" Eastthe top of pipe is approximately four (4) feet deep. The pipes transport water for the needs of 2.5 million people in the San Francisco Bay Area. • These three Hetch Hetchy San Xxxxxxx Pipeline (SJPL) pipes have had their coatings partially reconditioned in the area of the Property. Reconditioned pipe is coated with 376. • installed in approximately is a 56-inch diameter steel pipe with riveted steel joints coated with bitumen paper wrapped. • SJPL2, 141.04 feet installed in approximately 1956, is a 62-inch diameter steel pipe coated with cement mortar • SJPL3, installed in approximately 1965, is a 78-inch diameter steel pipe coated with coal tar paper covering with asbestos filler as a binding agent. • Additional pipelines may be installed, including a future #4, 78 inches in diameter. The exact dates depend on Hetch Hetchy needs and funding. • The combined capacity of the three existing SJPL pipes is 420 million gallons of water per day. • The pressure in the pipes is up to 200 psi. • pH of the water in the pipes varies from 6.7 to pH. • Cathodic protection insulated copper wire test leads are attached to the Point pipes. • DC electric current on the order of Beginning30 Volts DC may one day be induced on the pipes. Being a portion • The soil in that area is 100% disturbed down to feet beneath the surface due construction activity. • The soil was filled and compacted to approximately 90%. • The fill under the pipes is controlled low strength cement material on the order of Mission Block No300 psi. 200. Containing 11,672.2 sq. ft. EXHIBIT B PERSONAL PROPERTY DESCRIPTION • There are Hetch Hetchy high voltage electrical transmission lines overhead; the existing north lines are 230kV and the existing south lines are 130kV. PSA (JWG McHenry - Modesto easement cjs)) EXHIBI T C O F EASEMEN T AGREEMEN T [TO COME FROM SELLERSee attached] EXHIBIT C GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TOPSA (JWG McHenry - Modesto easement cjs)) Recording Requested By and When Recorded Mail To: Director of Property Real Estate Division City and County of San Francisco 00 Xxx Xxxx Xxxxxx, Suite 400 San Francisco, California 94102 The undersigned hereby declares this instrument to be exempt from Recording Fees (CA Govt. Code § 27383) and Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105) (Space above Above For Recorder's Use) SAN FRANCISCO PUBLIC UTILITIES COMMISSION EASEMENT DEED AND AGREEMENT THIS EASEMENT AGREEMENT (this line reserved "Agreement") dated for Recorder’s use only) GRANT DEED (Assessor's Parcel No. ) FOR VALUABLE CONSIDERATIONreference purposes only as 2015, receipt of which is hereby acknowledged, XXXXXX X. XXXXXX AND XXXXXXX XXXXXX, TRUSTEES OF THE XXXXXX TRUST UDT DATED OCTOBER 3, 2003, hereby grant to made by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, the real property located in the City and County of corporation ("San Francisco, State of California, described on Exhibit A attached hereto and made a part hereof (the "Property"). TOGETHER WITH any , acting by and all rights, privileges and easements incidental or appurtenant to the Property, including, without limitation, any and all minerals, oil, gas and other hydrocarbon substances on and under the Property, as well as any and all development rights, air rights, water, water rights, riparian rights and water stock relating to the Property, and any and all easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Land and all of Grantor's right, title and interest in and to any and all roads and alleys adjoining or servicing the Property. Executed as of this day of _, 2013. Xxxxxx X. Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October, 03,2003 Xxxxxxx Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October 03, 2003 State of California ) ) ss County of San Francisco ) On , before me, , a notary public in and for said State, personally appeared , who 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(iesthrough its Public Utilities Commission ("SFPUC"), and that by his/her/their signature(s) on the instrument the person(sCity of Modesto, a municipal corporation ("Holder"), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal).

Cooperative Drafting. This Agreement Lease has been drafted through a cooperative effort of all both parties, and all both parties have had an opportunity to have the Agreement Lease reviewed and revised by legal counsel. No party shall be considered the drafter of this AgreementLease, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this AgreementLease. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENTLEASE, SELLER LANDLORD ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT HERETO UNLESS AND UNTIL APPROPRIATE LEGISLATION OF CITY'S ’S BOARD OF SUPERVISORS SHALL HAVE BEEN DULY ADOPTED A RESOLUTION [OR ENACTED AN ORDINANCE] APPROVING THIS AGREEMENT LEASE AND AUTHORIZING CONSUMMATION OF THE TRANSACTIONS TRANSACTION CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON THE DUE ENACTMENT ADOPTION OF SUCH LEGISLATIONA RESOLUTION, AND THIS AGREEMENT LEASE SHALL BE NULL AND VOID IF UNLESS CITY'S ’S MAYOR AND BOARD OF SUPERVISORS AND MAYOR DO NOT APPROVE THIS AGREEMENTLEASE, IN THEIR RESPECTIVE SOLE AND ABSOLUTE DISCRETION, AND IN ACCORDANCE WITH ALL APPLICABLE LAWS. APPROVAL OF ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY THIS LEASE BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY SHALL NOT BE DEEMED TO IMPLY THAT SUCH LEGISLATION RESOLUTION WILL BE ENACTED ADOPTED NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY. [SIGNATURES ON FOLLOWING PAGES] The parties have duly executed this Agreement as of the respective dates written below. SELLERNOTE: 2558 MISSION LLC a California limited liability company By: Van Xxxx Xxxx Corp.DELETE THIS PARAGRAPH ONLY IN THE LIMITED CIRCUMSTANCES WHERE THE DIRECTOR OF PROPERTY HAS AUTHORITY TO ENTER INTO LEASE WITHOUT BOARD APPROVAL (I.E., a California corporation Its Managing Member By:_ Xxxx Xxxxx President CITY: CITY AND COUNTY TERM OF SAN FRANCISCOLESS THAN ONE (1) MONTH, a municipal corporation By: XXXX XXXXXX Director of Property Date: APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Xxxx X. Xxxxx Deputy City Attorney Title Company agrees to act as escrow holder in accordance with the terms of this Agreement and to execute the Designation Agreement (attached hereto as Exhibit J) and act as the Reporting Person (as such term is defined in the Designation Agreement). Title Company's failure to execute below shall not invalidate the Agreement between City, Seller and Developer. TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: Date: EXHIBIT A REAL PROPERTY DESCRIPTION All that certain real property located in the County of San Francisco, State of California, described as follows: Parcel A, Assessor’s Block Xx. 0000, Xxx Xx. 00 as shown on Parcel Map No. 7207, filed April 25, 2013 in Book 48 of Parcel Maps, at Pages 130 & 131, in the Office of the Recorder of the City and County of San Francisco, State of California, and more particularly described as follows: Beginning at a point on the westerly line of Xxxxxxxx Street (59.09 feet wide), distant thereon North 04°15'00" West, 30.02 feet from the intersection of the southerly line of Xxxxx Xxxxxx Street (100.00 feet wide) and the westerly line of Xxxxxxxx Street (59.09 feet wide); thence North 84°25'49" West, 101.36 feet; thence 04°15'00" West, 25.74 feet; thence North 14°49'38" East, 107.24 feet; thence North 88°41'39" East, 64.91 feet to the westerly line of Xxxxxxxx Street; thence along said westerly line South 04°15'00" East, 141.04 feet to the Point of Beginning. Being a portion of Mission Block No. 200. Containing 11,672.2 sq. ft. EXHIBIT B PERSONAL PROPERTY DESCRIPTION [TO COME FROM SELLER] EXHIBIT C GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN OR YEAR-TO: Director of Property Real Estate Division City and County of San Francisco 00 Xxx Xxxx Xxxxxx, Suite 400 San Francisco, California 94102 The undersigned hereby declares this instrument to be exempt from Recording Fees (CA Govt. Code § 27383) and Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105) (Space above this line reserved for Recorder’s use only) GRANT DEED (Assessor's Parcel No. ) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, XXXXXX X. XXXXXX AND XXXXXXX XXXXXX, TRUSTEES OF THE XXXXXX TRUST UDT DATED OCTOBER 3, 2003, hereby grant to the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, the real property located in the City and County of San Francisco, State of California, described on Exhibit A attached hereto and made a part hereof (the "Property"). TOGETHER WITH any and all rights, privileges and easements incidental or appurtenant to the Property, including, without limitation, any and all minerals, oil, gas and other hydrocarbon substances on and under the Property, as well as any and all development rights, air rights, water, water rights, riparian rights and water stock relating to the Property, and any and all easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Land and all of Grantor's right, title and interest in and to any and all roads and alleys adjoining or servicing the Property. Executed as of this day of _, 2013. Xxxxxx X. Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October, 03,2003 Xxxxxxx Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October 03, 2003 State of California ) ) ss County of San Francisco ) On , before me, , a notary public in and for said State, personally appeared , who 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), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)YEAR TERM

Cooperative Drafting. This Agreement Xxxxx has been drafted through a cooperative effort of all both parties, and all both parties have had an opportunity to have the Agreement Lease reviewed and revised by legal counsel. No party shall be considered the drafter of this AgreementLease, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this AgreementLease. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENTLEASE, SELLER LANDLORD ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY TENANT HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT TENANT HERETO UNLESS AND UNTIL APPROPRIATE LEGISLATION OF CITY'S BOARD OF SUPERVISORS TENANT’S MUNICIPAL TRANSPORTATION AGENCY SHALL HAVE BEEN DULY ENACTED ADOPTED A RESOLUTION APPROVING THIS AGREEMENT LEASE AND AUTHORIZING CONSUMMATION OF THE TRANSACTIONS TRANSACTION CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY TENANT HEREUNDER ARE CONTINGENT UPON THE DUE ENACTMENT ADOPTION OF SUCH LEGISLATIONA RESOLUTION, AND THIS AGREEMENT LEASE SHALL BE NULL AND VOID IF CITY'S BOARD OF SUPERVISORS AND MAYOR DO NOT APPROVE UNLESS TENANT’S MUNICIPAL TRANSPORTATION AGENCY APPROVES THIS AGREEMENTLEASE, IN THEIR RESPECTIVE ITS SOLE AND ABSOLUTE DISCRETION, AND IN ACCORDANCE WITH ALL APPLICABLE LAWS. APPROVAL OF ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY THIS LEASE BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY TENANT SHALL NOT BE DEEMED TO IMPLY THAT SUCH LEGISLATION RESOLUTION WILL BE ENACTED ADOPTED NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITYTENANT. [SIGNATURES ON FOLLOWING PAGES] The parties ///////////////////SIGNATURE PAGE TO FOLLOW/////////////////////// Xxxxxxxx and Xxxxxx have duly executed this Agreement Lease as of the respective dates date first written belowabove. SELLERLANDLORD: 2558 MISSION LLC a California limited liability company ByTENANT: Van Xxxx Xxxx Corp., a California corporation Its Managing Member By:_ Xxxx Xxxxx President CITY: CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation By: XXXX XXXXXX FRANCISCO MUNICIPAL TRANSPORTATION AGENCY Xxxxxx X. Xxxxxxx Director of Property DateTransportation AUTHORIZED BY: MUNICIPAL TRANSPORTATION AGENCY BOARD OF DIRECTORS Resolution No.: Adopted: Attest: Xxxxxxx Xxxxxx, Secretary APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Xxxx X. Xxxxx _ Xxxxxxxxx Xxxxxx Deputy City Attorney Title Company agrees to act as escrow holder in accordance with the terms of this Agreement and to execute the Designation Agreement (attached hereto as Exhibit J) and act as the Reporting Person (as such term is defined in the Designation Agreement). Title Company's failure to execute below shall not invalidate the Agreement between City, Seller and Developer. TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: EXHIBIT A DIAGRAM OF PREMISES EXHIBIT B COMMENCEMENT DATE CERTIFICATE Date: EXHIBIT A REAL PROPERTY DESCRIPTION All that certain real property located in the County of San Francisco, State of California, described as follows: Parcel A, Assessor’s Block Xx. 0000, Xxx Xx. 00 as shown on Parcel Map No. 7207, filed April 25, 2013 in Book 48 of Parcel Maps, at Pages 130 & 131, in the Office of the Recorder of the City and County of San Francisco, State of California, and more particularly described as follows: Beginning at a point on the westerly line of Xxxxx Xxxxxxxx Street (59.09 feet wide), distant thereon North 04°15'00" West, 30.02 feet from the intersection of the southerly line of Xxxxx Xxxxxx Street (100.00 feet wide) and the westerly line of Xxxxxxxx Street (59.09 feet wide); thence North 84°25'49" West, 101.36 feet; thence 04°15'00" West, 25.74 feet; thence North 14°49'38" East, 107.24 feet; thence North 88°41'39" East, 64.91 feet to the westerly line of Xxxxxxxx Street; thence along said westerly line South 04°15'00" East, 141.04 feet to the Point of Beginning. Being a portion of Mission Block No. 200. Containing 11,672.2 sq. ft. EXHIBIT B PERSONAL PROPERTY DESCRIPTION [TO COME FROM SELLER] EXHIBIT C GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Director of Property Real Estate Division City and County of Development Manager, Strategic Real Estate San Francisco 00 Municipal Transportation Agency Xxx Xxxxx Xxx Xxxx Xxxxxx, Suite 400 8th Floor San Francisco, California 94102 The undersigned hereby declares this instrument to be exempt from Recording Fees (CA Govt. Code § 27383) and Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105) (Space above this line reserved for Recorder’s use only) GRANT DEED (Assessor's Parcel No. ) FOR VALUABLE CONSIDERATION94103 RE: Acknowledgement of Commencement Date, receipt of which is hereby acknowledged, Lease Between XXXXXX X. XXXXXX AND and XXXXXXX XXXXXX, TRUSTEES OF THE XXXXXX TRUST UDT DATED OCTOBER 3, 2003, hereby grant to the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, the real property located in the City and County of San Francisco, State of California, described on Exhibit A attached hereto and made a part hereof (the "Property"). TOGETHER WITH any and all rights, privileges and easements incidental or appurtenant to the Property, including, without limitation, any and all minerals, oil, gas and other hydrocarbon substances on and under the Property, as well as any and all development rights, air rights, water, water rights, riparian rights and water stock relating to the Property, and any and all easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Land and all of Grantor's right, title and interest in and to any and all roads and alleys adjoining or servicing the Property. Executed as of this day of _, 2013. Xxxxxx X. Xxxxxx, Trustee of the Xxxxxx Trust UDT dated October, 03,2003 Xxxxxxx Xxxxxx, Trustee Trustees of the Xxxxxx Trust UDT dated October 033, 2003 State of California ) ) ss County of San Francisco ) On 2003, before me, , a notary public in and for said State, personally appeared , who 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(iesXXXXXXXXXXX X. XXXXXX (Landlord), and that by his/her/their signature(s) on the instrument the person(sCITY AND COUNTY OF SAN XXXXXXXXX (Tenant), or the entity upon behalf of which the person(s) actedfor premises located at 000 Xxxxxx, executed the instrumentSan Francisco, California. I certify under PENALTY OF PERJURY under the laws Dear Xx. Xxxxxxxx: This letter will confirm that for all purposes of the State Lease The Commencement Date of California that the foregoing paragraph Lease is true , and correctthe Expiration Date of the Lease is . WITNESS my hand The schedule of Base Rent payable during the Initial Term is as follows: / / through / / $56,000.00 per month / / through / / $57,680.00 per month / / through / / $59,410.40 per month / / through / / $61,192.71 per month / / through / / $63,027.49 per month Please acknowledges your acceptance of this letter by signing and official sealreturning a copy of this letter. Signature (Seal)Very truly yours, By: Title: Accepted and Agreed: By: _ Real Estate Development Manager, Strategic Real Estate Dated: _ EXHIBIT C OPERATING COST EXCLUSION