This Agreement, made this 10th day of April, 1905, by and between Hiram White, hereinafter described as the party of the first part, and William Willard, hereinafter described as the party of the second part, both of the City of Los Angeles, County of Los Angeles, State of California,

Witnesseth J Whereas, said party of the first part is the owner of that certain real property situate in the City of Los Angeles, County of Los Angeles, State of California, described as follows, to-wit: Lot One (1), Block One (1), of the Hobbs Tract, as per map of said tract recorded in the office of the County Recorder of the County of Los Angeles, in Book 3, of Miscellaneous Records, at page 325, said lot fronting on the westerly side of Spring Street, in said City: and,

Whereas, said party of the second part is the owner of Lot Two (2) in said Hobbs Tract, said Lot Number Two (2) fronting on the westerly side of Spring Street, in said city, and lying contiguous to said Lot Number One (1), on the northerly side thereof; and,

Whereas, said dividing line between the lots aforesaid is one hundred and sixty-six (166) feet in length; and,

Whereas, pursuant to a memorandum of agreement heretofore executed by and between the parties hereto, to-wit, on the 27th day of November, 1897, and recorded in the office of the County Recorder of Los Angeles County, in Book 676 of Deeds, at Page 67, a party wall has been constructed and is now in use between the parties hereto, said party wall extending westerly from the westerly building line of Spring Street, for a distance of ninety (90) feet on said dividing line, and it is not the intention of this instrument to change or alter the rights of the parties hereto conferred upon them by said memorandum of agreement, except as hereinafter modified, a copy of said memorandum of agreement being hereto annexed, marked "A" and made a part hereof; and,

Whereas, said parties desire to agree as to the continuation of a party wall along the boundary line between their said respective lots as aforesaid;

Now, Therefore, in consideration of the mutual advantages to each of the respective parties hereto and to their respective lots as aforesaid, the parties hereto hereby mutually covenant and agree, each with other other, as follows, to-wit:

First: Said party of the first part may erect a party wall along that portion of said dividing line, commencing at a point about ninety (90) feet westerly from the westerly building line of Spring Street and extending from said point of commencement westerly along said dividing line sixty-five feet, more or less, to a point 155 feet from said westerly building line of Spring Street, said wall to be of corresponding thickness with the wall already constructed, as mentioned in said memorandum of agreement, upon the ninety (90) feet therein mentioned. The said sixty-five (65) feet of additional wall shall be erected of the height hereinafter mentioned, to-wit: the first thirty-five (35) feet shall be from 20 to 22 feet in height and the rear thirty (30) feet thereof shall be of such height as the party of the first part may desire, not exceeding eight (8) stories of average height.

Second: The party wall to be erected under the terms of this agreement shall be constructed so that one-half () the width or thickness thereof shall be situated upon said property of said party of the first part, and one-half () the width or thickness thereof shall be situated upon said property of said party of the second part, to-wit, one-half () of said party wall shall be situated upon each side of said dividing line. It is hereby agreed that the northerly half of said party wall, to-wit, that portion thereof which shall be situated upon the property of said party of the second part, and being the portion on the northerly side of said dividing line, shall be the property of said party of the second part; and that the southerly one-half () of said party wall, to-wit, that portion thereof which shall be situated upon the property of said party of the first part, and being that portion on the southerly side of said dividing line, shall be the property of said party of the first part; but that said wall shall be a party wall for the mutual benefit of the respective parties hereto, and their successors in ownership of their respective lots, their executors, administrators, heirs and assigns, forever.

Third: The said memorandum of agreement between the parties hereto relating to the construction of the aforesaid ninety (90) feet of said party wall, is hereby modified, as follows, to-wit: That portion of said 90 feet of said party wall commencing at the westerly building line of Spring Street and extending westerly a distance of thirty (30) feet, may be increased in height by said party of the first part to such height as he may desire, not exceeding eight stories of average height.

Fourth: It is further agreed that said party of the first part, in constructing his building above the first story thereof, shall set back the northerly wall thereof a distance of five (5) feet in the clear from the said party wall between the following points, to-wit: commencing at a point 90 feet from the westerly building line of Spring Street and running back westerly a distance of 35 feet; and said party of the second part, in constructing his building on the northerly side of said party wall, shall set back his southerly wall a distance of two (2) feet in the clear from the said party wall between the same points, so as to leave a light well between said points of at least seven (7) feet in width above the first story.

Fifth: That portion of said party wall already constructed, extending from the point 30 feet from the westerly building line of Spring Street to a point distant 90 feet from said westerly building line of said Spring Street, shall not be extended above three stories in height; and it is agreed that said party of the first part, in constructing his building above the first story thereof, shall set back the northerly wall thereof between the points last aforesaid, a distance of five (5) feet in the clear from said party wall. And in case said party of the second part should at any time increase the height of his building on the northerly side of said party wall above three stories, he shall set back the southerly wall thereof between the points last aforesaid above the third story, a distance or two (2) feet in the clear from said party wall, so as to leave a light well between said points of at least seven (7) feet in width above the third story.

Sixth: The spaces mentioned in the last two clauses of this agreement, as to be left for a light well, shall forever be maintained and kept by the parties hereto free from any buildings or obstructions.

Seventh: It is hereby agreed that neither the said party of the second part, nor his successors, executors, administrators, heirs or assigns, shall be entitled to use said party wall, to be constructed by the party of the first part, as herein mentioned, until said party of the second part, or his said executors, administrators, heirs or assigns, shall first pay to said party of the first part, his successors, executors, administrators, heirs or assigns, one-half () of such amount as would be the reasonable cost of constructing said wall at the time at which such use shall be commenced. It is agreed that the party of the first part shall, in the first instance, pay the entire cost of constructing said party wall so to be constructed by him, as herein mentioned, and that said party of the second part, his successors, executors, administrators, heirs or assigns, shall not be required to pay any portion of the cost of such construction until such time as said party of the second part, his successors, executors, adminis-tratorSj heirs or assigns desire to make use of said wall; and that said party of the second part, his successors, executors, administrators, heirs or assigns, shall, before using said wall, pay to said party of the first part, his successors, executors, administrators, heirs or assigns, one-half () of such sum as would constitute the reasonable cost of the construction of said wall at the time at which such use shall begin.

Eighth: It is agreed that all extensions and constructions hereunder shall be made of first-class materials, and in compliance with the ordinances of the City of Los Angeles in force at the time of such extensions or constructions.

Ninth: It is understood and agreed that all of the covenants hereof are made as and for covenants running with the lands of the respective parties hereto, hereinbefore described, and shall bind the parties hereto and their respective successors in the ownership of said respective lots, and their respective executors, administrators, heirs or assigns.

In Witness Whereof, the parties hereto have hereunto set their hands and seals the day and year first above written.

Hiram White. (Seal)

William Willard. (Seal)

(Acknowledgment.)

(Copy of Agreement "A")