Sealed Bid Sale of the UCLA Hannah Carter Japanese Garden

Notification of Modification Number 1 to:

BIDS DUE Tuesday, May 31, 2016

EXHIBIT E‐43 Receipt for Reports and Documents #2

In accordance with the terms and conditions of the Bid Package dated April 14, 2016 on property known as 626 Siena Way and 10619 Bellagio Road, Los Angeles, CA 90077 (“Property”) between ________________________________ (“Bidder”) and The Regents of the University of California (“Seller”). Bidder acknowledges receipt of the following written report(s), document(s), inspection report(s) or disclosure(s) indicated below. Neither Brokers and/or employees of the Seller, have verified such reports, documents, inspection reports, or disclosure regarding their adequacy, completeness, or the performance of the person preparing such items.

(E‐44) Clarification Regarding Conservation Easement

Bidder Acknowledges receipt of item E‐44

Dated: ________________________ Dated: ____________________________

______________________________ __________________________________ Bidder

Bidder

EXHIBIT E‐44 Clarification Regarding Conservation Easement

Prospective bidders have requested information related to a potential conservation easement, as referenced in section 6.2 of the Settlement Agreement with the Plaintiffs. The following information is reasonably available to The Regents:

1. Public access was allowed in the Garden until mid‐2011, on a limited reservation‐only basis.

Available records reflect that the number of visitors per year was as set out on the attached chart (Exhibit E‐44‐1), covering the years from 1999‐2011.

2. Because of the Garden’s location (remote from public transit or major public parking facilities) and limited capacity to accommodate large groups, visitors typically arrived by auto or small van (see Exhibit E‐44‐1). Visitors parked in an area adjacent to the Garden (including 3‐5 parking spaces), on property initially thought to be Regents’ property, but later determined to be property owned by a neighboring property owner. In July of 2012, the neighboring property owner refused to allow further access to and use of the parking area, and subsequently built a wall and other improvements on the former parking area. There is currently no parking located on the Garden property.

3. Cost of labor to maintain the Garden is currently approximately $190,000 per year, including salary and benefits for two Regents’ employees. The current Regents’ labor cost to maintain the Garden may not reflect the cost that would be incurred by a private party. Materials and supplies currently required to maintain the Garden cost approximately $20,000 per year. In addition, current water/sewer charges are reflected on the billings attached as Exhibit E‐44‐2.

As required by Section 10 of the Terms and Conditions, and as stipulated in Paragraph 8.1 of the Settlement Agreement, The Regents shall establish a $500,000 endowment, the income from which the Regents shall pay annually to the Buyer to defray (in part) the expenses of maintaining the Garden.

4. There is no record of reported accidents at the Garden that could be reasonably located from existing records.

EXHIBIT E-44-1 UCLA Hannah Carter Japanese Garden Visitor Attendance Statistics Summary (FY98 - FY11)

Year 1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 Total

Total # Visitors 2,526 3,798 4,364 3,627 2,197 1,956 1,896 1,819 2,362 2,173 2,111 1,866 961 31,656

Individuals Individuals arriving arriving via car by bus/van 1,889 637 2,633 1,165 3,516 848 3,010 617 1,840 357 1,730 226 1,557 316 1,693 126 2,038 307 1,914 257 1,799 312 1,780 86 858 88 26,257 5,342

Total # of Groups

# of Bus/Vans

24 22 26 16 26 36 33 22 23 26 19 9 3 285

31 26 35 24 15 13 17 26 13 8 24 4 4 240

UCLA Hannah Carter Japanese Garden Visitor Statistics 1998-1999

Month July August September October November December January February March April May June Total

Total # Visitors 116 73 77 164 240 257 148 198 409 306 238 300 2,526

Individuals Individuals Arriving by Car Arriving by Bus/Van 63 53 59 31 119 195 247 128 148 271 226 188 214 1,889

14 46 45 45 10 20 50 138 80 50 86 637

Total # of Groups 3

# of Bus/Vans 4

1 3 2 1 1 1 2 4 2 2 2 24

1 5 4 1 1 1 3 5 2 2 2 31

UCLA Hannah Carter Japanese Garden Visitor Statistics 1999-2000

Month July August September October November December January February March April May June Total

Total # Visitors 263 276 142 367 226 151 112 161 428 398 825 449 3,798

Individuals Individuals Arriving by Car Arriving by Bus/Van 233 30 276 0 142 0 217 150 206 20 151 0 112 0 105 56 320 108 263 135 244 581 364 85 2,633 1,165

Total # of Groups

# of Bus/Vans

2 0 0 4 1 0 0 2 3 4 4 2 22

3 0 0 4 1 0 0 4 3 4 4 3 26

UCLA Hannah Carter Japanese Garden Visitor Statistics 2000-2001

Month July August September October November December January February March April May June Total

Total # Visitors 354 569 314 377 214 246 230 231 311 451 538 529 4,364

Individuals Individuals Arriving by Car Arriving by Bus/Van 339 449 284 260 189 224 230 201 273 362 385 320 3,516

15 120 30 117 25 22 0 30 38 89 153 209 848

Total # of Groups

# of Bus/Vans

1 3 1 3 1 1 0 1 1 3 6 5 26

1 5 1 3 1 1 0 3 1 3 10 6 35

UCLA Hannah Carter Japanese Garden Visitor Statistics 2001-2002

Month July August September October November December January February March April May June Total

Total # Visitors 343 339 181 241 185 145 382 183 306 213 746 363 3,627

Individuals Individuals Arriving by Car Arriving by Bus/Van 303 339 181 171 185 145 237 183 266 213 556 231 3,010

40 0 0 70 0 0 145 0 40 0 190 132 617

Total # of Groups

# of Bus/Vans

1 0 0 1 0 0 5 0 1 0 5 3 16

4 0 0 2 0 0 6 0 3 0 6 3 24

UCLA Hannah Carter Japanese Garden Visitor Statistics 2002-2003

Month July August September October November December January February March April May June Total

Total # Visitors 291 214 123 213 138 115 140 173 233 216 189 152 2,197

Individuals Individuals Arriving by Car Arriving by Bus/Van 251 40 185 29 91 32 193 20 78 60 75 40 140 0 145 28 178 55 196 20 156 33 152 0 1,840 357

Total # of Groups

# of Bus/Vans

1 1 2 1 3 4 0 3 7 1 2 1 26

1 1 2 2 2 1 0 1 2 1 2 0 15

UCLA Hannah Carter Japanese Garden Visitor Statistics 2003-2004

Month July August September October November December January February March April May June Total

Total # Visitors 172 257 109 190 111 74 99 105 278 166 213 182 1,956

Individuals Individuals Arriving by Car Arriving by Bus/Van 172 0 241 16 109 0 190 0 82 29 74 0 99 0 58 47 228 50 166 0 129 84 182 0 1,730 226

Total # of Groups

# of Bus/Vans

3 7 1 0 1 0 1 4 11 1 4 3 36

0 1 0 0 1 0 0 5 2 0 4 0 13

UCLA Hannah Carter Japanese Garden Visitor Statistics 2004-2005

Month July August September October November December January February March April May June Total

Total # Visitors 154 180 141 97 120 75 96 171 277 191 160 234 1,896

Individuals Individuals Arriving by Car Arriving by Bus/Van 139 15 146 34 108 15 85 12 82 36 74 0 56 40 121 50 233 44 131 60 150 10 232 0 1,557 316

Total # of Groups

# of Bus/Vans

3 3 2 2 3 0 1 3 9 3 4 0 33

1 2 1 1 2 0 1 2 4 2 1 0 17

UCLA Hannah Carter Japanese Garden Visitor Statistics 2005-2006

Month July August September October November December January February March April May June Total

Total # Visitors 243 267 136 87 72 69 83 159 153 171 196 183 1,819

Individuals Individuals Arriving by Car Arriving by Bus/Van 204 20 257 10 96 40 87 0 72 0 67 0 83 0 146 41 148 0 169 0 196 0 168 15 1,693 126

Total # of Groups 6 9 1 1 1 0 2 1 0 0 0 1 22

# of Bus/Vans 2 1 1 0 0 0 0 21 0 0 0 1 26

UCLA Hannah Carter Japanese Garden Visitor Statistics 2006-2007

Month July August September October November December January February March April May June Total

Total # Visitors 222 220 188 116 150 85 117 136 193 214 390 314 2,345

Individuals Individuals Arriving Arriving by Car

by Bus/Van 191 25 215 0 188 0 116 0 115 35 83 0 130 0 101 35 158 35 187 27 275 115 279 35 2,038 307

Total # of Groups 2 0 0 0 2 0 3 3 2 4 6 1 23

# of Bus/Vans 2 0 0 0 1 0 0 2 1 2 4 1 13

UCLA Hannah Carter Japanese Garden Visitor Statistics 2007-2008

Month July August September October November December January February March April May June Total

Total # Visitors 244 283 62 159 152 93 108 105 221 321 208 217 2,173

Individuals Individuals Arriving Arriving by Car

by Bus/Van 188 56 283 0 62 0 159 0 152 0 91 0 108 0 105 0 191 30 192 129 187 21 196 21 1,914 257

Total # of Groups 4 2 1 3 3 0 0 0 3 8 1 1 26

# of Bus/Vans 2 0 0 0 0 0 0 0 1 3 1 1 8

UCLA Hannah Carter Japanese Garden Visitor Statistics 2008-2009

Month July August September October November December January February March April May June Total

Total # Visitors 283 224 143 171 146 155 103 211 204 241 230 2,111

Individuals Individuals Arriving by Arriving by Car Bus/Van 210 73 189 35 133 10 171 0 126 20 124 31 103 0 181 30 158 45 219 23 185 45 1,799

312

Total # of Groups # of Bus/Vans 2 1 2 2 1 2 0 0 1 2 2 3 0 0 3 3 2 2 3 3 3 6 19

24

UCLA Hannah Carter Japanese Garden Visitor Statistics 2009-2010

Month July August September October November December January February March April May June Total

Total # Visitors 368 319 198 165 145 69 111 137 165 189 0 0 1,866

Individuals Individuals Arriving by Arriving by Car Bus/Van 303 65 319 0 198 0 144 21 145 0 69 0 111 0 137 0 165 0 189 0 0 0 0 0 1,780 86

Total # of Groups # of Bus/Vans 2 2 1 0 0 0 3 2 0 0 0 0 0 0 1 0 2 0 0 0 0 0 0 0 9 4

UCLA Hannah Carter Japanese Garden Visitor Statistics 2010-2011

Month July August September October November December January February March April May June Total

Total # Visitors 0 0 0 92 103 47 121 160 226 212 0 0 961

Individual Arriving by Car 0 0 0 92 103 47 101 134 173 208 0 0 858

Individuals Arriving by Bus/Van Total # of Groups # of Bus/Vans 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 1 1 22 1 1 46 1 2 0 0 0 0 0 0 0 0 0 88 3 4

EXHIBIT E-44-2