HomeMy WebLinkAboutPACIFIC ELECTRIC RAILWAY COMPANY - 1925-05-27 Janus ry 9, 1 61
Pacific, F-le:ctri.c Hallway ComparV
6) Souti: t43n 4traet
los :n-elzs 14, �ali1';rni.z
rtte:,tion: `.r. '.iak nson
Lear Sir:
:inclosed you :vill f i:i� U. two additional
paints of our proposed improvements at the inter-
section of -euinay St:-ect with yu-= -7ailroad ir, the
City of 3untznZton Beach. _'.s JUQ"l8sterl I searched
our fibs for sone,,aaimor oP d; sd in surds to this
crossing: and could fiad nave. !t appv ars t�v.it it lU
be nocessarr for as to obtain an ea,3ewnt acroos your
rle,nt of way for canstruction at this location.
traly yours.,
James fi.. "heelar
City Engineer
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Approved as to Form by Chief Counsel Form A.318
Sept. 20, 1921 Lease 6 2 2 9
L EAS_.
b[q; Eene made and entered into in duplicate this 27th
day of Kay, I9a5 by and beturuett the Pncir>c ELECTRIC RAILWAY COMPANY, a
corporation hereinafter called the "Company," party of the first part, and
CITY OF HUNTIIT0011 B411CHo
HMI TINGTOI BEACHA CAI.
hereinafter called the "Lessee" pariti of the second part.
WRtMRf;5etfj : That the Compart_f, for aria in. consideration of the covenants and payments here-
,Rnafter mentioned to be performed and made, by the Lessee, hereby leases unto the said Lessee the following
de.;crdbed portion of the property of said Company at or rear Huntington
Beach Station Huntington Beach
Line, County of Orange State of California,
to-gait:
that ceiiain irregularly shaped piece of land, lying
between, Ocean Boulevard and Company's tracks, between Main Street
and Ninth S,creet, City of Huntington Beach, County of Orange: State
of C alif ornia
CEH 8852
said premise: being more particularly shozon outlined in yellow out the inap1hercto attached,Lz;:d Trade
pert thereof.
The terry: of this lease shall be front the lst daY of June, 1925
tc the 31st dad' of Uay, 1926, and therbafter until cancelled on thirty
(30) days` notice
i
SECTI01 1. The reW therefor agreed to L,paid is dive=---
dollars ($ 5a 00 ) per annum payable annually in advance
of the office of the Cashier of the Company,in.said City of Los Angeles, State of California.; and Cite Lessee
agrees to pay the Company,for the use of said premises, the rent herein reserved in the than r herein speci-
r fied, and rzot, at any linte, to under-lease or sublet. the said leased premises, or any part there ;ny build-
ings or structures thereon, xor assign this lease or any interest therein, uithoat the writte ent of
i the Company and satisfactory obligation by the proposed sub-tenant, sub-lessee at- assignee, t legg ound
by all the turns and provisions of this Iease, and to quit and peacably surrender to the Comp tyl?h`e de-
inised premises upon. the terntinatior, of this lease, or any exterisiort or renewal thereof, or h ding over
said term, whether stick te.,..Frtatzon be by Iitnitatiort at- notice, or otherwise, as hereinafter provid
The Lessee hereby acknowledges the t;tle of pacific Electric Pailvia�r
Conbpany, and the leasehold estate of the Company, in and to :he premises described in this lea,e, and
agrers never to assail at- resist said title oi- leasehold interest.
Sco 2. The said premises are rented to said Lessee solely and exclusively for
site for auto parking
and if used for any other purpose, this lease ,,d all the privileges of same shall, at the option of the
Company, hionediately.cease'and, deter2rtine, and the Company stray take possession, of said Premises
without further notice, denrand.'or proceeding.
SEC. 3. The Lessee,fnrther covenants that ro buildhi- platform or other structure, to be used for
parposes other than that for which• this lease is made, shall be erected or placed atponsaid premises with-
out the written consent of the Cofnpany; that ito building, platform or other sirtictrtre shall be erected or
maintained, and zto material or other obstruction of any kind or nature shall be placed, stored, .stacked
or maintained within severe feet six inches �'7 f t. 6 in.) ;measured at right angles, of the outside of nearest
maim line track rail, or TAhin six C,6) feet, ineasured at right angles, of the ordside'of weareit.spur track
rail, provided, however,-that.,pla}fortns-a d their appurtezlances four (4) feet or less in. height, measured
vertically front top of nearest track rail may be placed or- utsintaiued at a distance of Trot less than seven
feet six inches-'(?'ft. 6-in.) ineasm-cit at right angles, from. outside of nearest. ittain line track rail or
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within four feet eight and one-half inches (4 ft. 8 in.) rncasurerl mtright angles, of the outside of nearest
spier tracie rail; that no g¢tupciuder, dynamite, gas.rline or other erplosivc material shall be piled or'stored
or be permitted to be piled or stored upon the premises hereby lca,cd or ou the prentises ouned, ?eased or
controlled by the Lessee at any place within one hundred (100) feet of the said leased premises; that the
Lessee shall be liable for any and all injury or dainage to persons or property of whatsoever nature or
kind arising out of or contributed to by any breach lit whole or in part of any covenants in this paragraph,
-.rchtding attorney's fees and costs of recovery. 1
Notwithstanding anything herein contained,it is agreed that no building, piatforin or other structure
shall be erected or maintained, and no material or other obstruction of any kind or nature shall be placed,
stored, slaked ar maintained at less distance from the rails or tracks, or the center line of the tracks, thars
the ininimum clearance provided for bj the Railroad Commission of the State of California, as now ill
effect or as the satire array be changed or amended.
SEC. 4. The Lessee covenants and agrees that any and all buildings erected upon the premises
hereby leased shall be painted by the Lessee, the color to be satisfactory to the tarty of the first part,
and shall at all times be kept io good repair that the premises hereby leased shall, during the coil till Ilan ce
of this lease, be kept by the Lessee in a neat and tidy condition and free from all straw, rubbishh, or other
inaterial which would tend to increase the risk of fire or give lire premises an.untidy appearance, and upon
the expiration f this lease or the termination thereof,the said premises shall be re.`ored to their original
condition; that none of the buildings or other struciures erected on, the said prentises shall be used for dis-
play-'ng circus posters or any signs or advertisements other than. -ich notices acid signs as may be connectdd
with the business of the Lessee contemplated by this lease, and that such signs and notices shall be iseallj
written or printed and shall be properly maintained.
SEC. 5. The Lessee further covenants and agrees to pay promptly all tales or assessments, levied
or assessed, by or under the authority of any county or city authorities upon. the improvements hour or
that may hereafter be constructed oil the premises hereby leased, and should the said taxes and asse.csmen-rs
so bevied or assessed be not paid by said Lessee w'ien dire, said Company may at its option pay the some,
together with all penalties or costs that inay have accrued thereon, and said Lessee hereby a„,sees to repay
to said Company upon demand the amount of said taxes and penalties-and costs so paid out by said Coin-
parry, together with interest thereon at the rate of seven per cent (7%) per annion, from the date of such
payinent until paid by the Lessee, and until repaid the amount of such payment; and interest shall be a
charge and lien against all buildings or improvements placed by the Lessee oil said premises.
SEC. 6. It is further agreed that Ito railroad or transportation company or person.or persons engaged
in transportation other than the Company shall have the right or be allowed to iise any track or tracks
upon extending'to any part of the premises hereby leased zoithout the express permission of the Company.
Sec. 7 It is agreed by Lessee as one of 'lie inaterial considerations hefeof that said leased prentises
are in dangerous proximity to the tracks of said Company, and that persons•and property on said
leased premises are and krill be in danger of injury or damage by causes incident to the operation of a
railway, by the hazard of escape of electric current, and fire, and by the moveinertt of inotors, cars or traitlst;.
and said Lessee binds itself to indemnif9-- said Company as to and to hold said Company harmless, of
and from all claims, loss or damage, whether to person or property; avoidable by Lessee, its officers,
:.gents, employees or licenses, by the exercise of dire care, in view of knowledge of such hazards and dan-
gers; and Lessee hereby admits that it, its officers,agents, employees or licenses in or about said leased
Premises shall bs conclusively deemed to have fill knowledge and appreciation of the hazards and dangers e
aforesaid.
It is further understood and agreed by Lessee that, in the operations of motors, cars and trains,
there is liability that horses or other animals may become frightened, and Lessee hereby agrees to assuine
all risFof damage or injury caused by or resulting from such frightening of horses or other animals,
and agrees to indemnify rand save harmless said Company from all liability, claim or demand which any
person may hereafter assert, a-ising out of or resulting from such frightening of horses or other-animals 3
while upon the leased premises or passing to and from same.
The Lessee further agrees to give to the Company, upon request,a bond with good and sufficient surety
to be approved by the Auditor of the Contrany, conditioned that the Lessee shall and will at a'l times so
indeinnify the said Company against any liability, cause of action, claim or demand arising out of any of
the causes mentioned in this section and in favor of any person whosoever.
SEC. 8. The plant and business upon said leased premises, for the purpose of conducting and oper-
ating which this lease is made and entered into, shall be operated continuously during the terse of this ?i
lease by the Lessee and in case of neglect or failure to commence or resume such operations within :h rty
(30) days after notice so to do, personally served, or mailed by the Coiripaity to the .Lessee at the nearest
postoffice to, or posted in some conspicuous place upon., the said leased prentises this ieasc shall, at
the expiration of ten (10) days front the expiration of such notice, cease and determine, without further
notice, dentand or proceedings by the Company.
SEC, 9. Notwithstanding anything hereinbefore contained, it is nevert.'ieless understood and agreed be-
tween the parties Hereto that the Company may, at any tune during the terns aforesaid, ar any extension y
thereof, or holding over thrreund r, terminate this lease and the tenancy o the L_ ssee of the prentises
aforesaid, by thirty (30) days' notice, in writing, and upon payment or tender to said Lessee of such pro-
portion of any rent which may have been paid in advar:ce for the then current year as would otherwise
have been applicable to the remainder of such current year next succeeding the termination of said tenancy
by the notice herein provided for.
It is further agreed that said notice may be given by serving the Lessee personally, or by mailing
or posting as hereinbefore provided. It is further agreed between the parties hereto that in case they
fail to agree as to any extension of this lease at the expiration of the term hereby created, or upon
any other termination of this lease, the Company shall have the privilege, if it shall so elect, of purchasing
the buildings and improveirutts that may now be located or hereafter erected or placed upon said
leased prentises by paying for said building and improvements such price as may be agreed upon by the
parties hereto. It being' further provided that in case the said parties'cannot agree upon a price, the saute
shall be fired by two persons, one t r be selected bj, each. ;arty, and that in case they fail to agree, then
the two persons shall select a third person to,act with theta in the prentises and the parties hereto agree
to abide by the decision of two of the three persons so selected. ]Afotict of any election,oil the part of
the Coinpany to purchase said buildings and improvements shall be given at least thirty (30) days prior to
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DUPLICATE
Approved as to corm by Chief Counsel Form A 318 �e �E3 q r
Sept. 20, 1921 u
LEASE
t� eag;e made and entered into in duplicate this 27th
day of Mad, 1925 by and between the PAciric ET,ECTeic RAILWAY COMPANY, a
corporation hereinafter called the "Company," party of the first part, and
CITY OTP TTI�IQTON MAUL)
HENr1INGTON BE9,CHIt, CAL,
hereinafter called the'"Lessee," party of the second part.
M'tnV0,gCttj : That the Company, for ana in consideration of the covenants and payments here-
inafter mentioned to be performed and made, by the Lessee, hereby leases Marto the'said Lessee the following
described poi;ion of the property of said Company at or near Hunt n.gt on
Beach Station Huntington Beach
Line, County of Orange .State of California,
to-zait:
that certain 3rreg-a7.r xly ohapeed piece of land, lying
between Ocean Boulevard arjd Comp.any'S tr€Cke, between Hain Street
and Ninth Stxe6t, City of Huntington Beach, . County oll Orange, State
of California
nH' '.air
said premises being more particularly shouln outlined in yellow on the ivap1hereto attached and ma:
part thereof.
The term of this lease shall be from the tat day of %Tune, 1925
to the 319t' day of Ilan-, 1265 and thereafter 'm t l ameelled on thirty
(50) days= notice
4i
SECTION 1. The rent therefor agreed to be paid is Rive—
dollars ($ ire 00 ) per annum payable ',=t:!&lly in advance
at the office of the Cashier of the Company,in said City of Los Angeles, State of Calif-rnia and the Lessee
agrees to pay the Company,for the use of said premises, the rent herein reserved in the manner herehi,speci-
fied, and not, at any time, to •under-lease or sublet the said leased premises, or any part thereof, or nriy build-
ings or structures thereon., nor assl this lease or any interest therein, without the written consent of
the Company and satisfactory obliFation by the proposed sub-tenant, sub-lessee or assignee, to be bortnd
by all the terns and provisions of this lease, and to quit and peacably surrender to the Compan^) the de- 1
raised premises Ripon the termination of this lease, or any extension or renewal thereof, or bolding over
said term, whether such termination be by limitation or notice, or other- ise, as hereinafter provided..
Thr. Lessee hereby acknowledges the title of Pacific Eleatria Ra .my
Company, and the leasehold estate of the Covipany, in and to the Pre'rnlses described in this lease, and
agrees never to assail or resist said title or leasehold interest.
SEC. 3. The said premises are renter' to said Lessee solely and exclusively for
eante for auto parking
and if used for anyother purpose, this lease,and all the privileges of same shall, at the option of the s
Company, immediately cease and determine, and the Cotupariy may take possession of said premisef
without further n.olice, demand or proceeding.
SEC. 3. The Lessee- further covenants that no building, platform or other structure, to. be used for
purposes other than that for which• this lease is inade,shall be erected or placed upon said premises with- 'NN,
out the written consent of the Company, that no building, platform• or other strurture`shall be erected or
maintained, and no -matcrial or other obstruction of any kind or nature shall be placed,.stored, stacked
or indintained within seven feet six inches (7 ft.6 in.) measured at -right •angles '.of•the outside of .nearest
main line track rail, or within six (6) feet. ittcasured atright: angles, of the oiitsidarof ne4rest spur tract:
rail, provided, however, that platforms and their appurtenonces four (4) feet or;less'atL l:eiaht; measured s
vertically front top of nearest track rail may be placed or -maintained at a.-distance=ol snot less than seven
feet six inches (7 ft. 6 in,) rncasurc� at right angles, frmm outside of ncarst main' lime track rail or
within four-feet eight and one-half inches (4 ft. 8�4�bt.) measured at right angles, of the outside of nearest
spur track rail; that no gunpowder, dynamife, gasoline or other explosive material shall be piled or stored
or be permitted to be piled or stored upon, the premises hereby leased or on. the prentises owned, leased or
controlled by the Lessee at any, place within one hundred (100) feet of the said leased premises; that the
.Lessee shall be liable for any and all injury or damage to personc or property of whatsoever nature "or
kind arising out of or contributed to by any breach in whole or in. part of any covenants tit- this paragraph,
including attorney's fees and costs of recovery. !
Notwithstanding anything herein contained, it is agreed that no building, platform or other structure
shall be erected or maintained, and no rna.terial or other obstruction of any kind or nature shall be placed,
stored, stacked or mcattained at less distance from the rails nr tracks, or She center litre of the tracks, tharos
the minirrnum clearance provided for by the Railroad Com-mission of Cie State of California, as now sm
effect or as the saute may be changed or a.rnendec<,
Szc. 4. The Lessee covenants and agrees that any and all bstiOngs erected upon, the prentises
hereby leased shall be painted by the Lessee, the color to br,- satisfactory to the party of the first part,
and shall at all times be kept in good repair; that the premises hereby leased shall, during the continuance
of this lease, be kept by the Lsseein a neat and tidy condition and free from.all straw, rubbish or other
material which wanld tend to increase the risk of fire or give the premises an uolidy appearance, and capon
the expiration of this lease or the termination thereof,the said premises shall be restored to their original
condition; that none of the buildings or other structures erected on. the said prentises shall be used for dis-
playing circus posters or any signs or advertisements other than,such notices and signs as may be-connected
with the business of the Lessee contemplated by this lease, and that such ,signs and notices shall be neatly
written or printed and shall be properly maintained
Src. 5. The Leesee further covenants and agrees to pay prontptly all tames or assessments, levied
or assessed, by or under the authority of any county or city author•ii.os stpon the irnpr•oventents now or
that may hereafter be constructed on the premises hereby leased, and should the said taxes and assessments.
/ so levied or assessed be not paid by said Lessee when dtie, said Company may at its option tray the salve,,
V together with all penalties or costs that ntay have accrued thereon, and said Lessee hereby agrees to repay
to said Company upon demand the a-mount of said tares and penalties ,.ind costs so paid out by said Com-
pany, together with interest thereon at the rate of seven per cent (7°fo) per annum, frot.t the date of such
paymoit milil paid by the Lessee, and until repaid the amount of such payment, and interest shall be a
charge and tier, against all buildings or improvements placed by the Lessee on said premises.
Sac. 6. It is further agreed that ito railroad or trnnsporta.tion company or person or persons engaged
in transportation other than the Company shall have the right or be allowed to use any track or tracks
upon extendingito any part of the prentises hereby leased without the e:rpress per-mission of the Co Pay.
Sm 7 It is agreed by Lessee as one o f the 3naterial t gnsiderations hereof that said• leased premises
are in dangerous proximity to the tracks of said Contpasty, and that persons, and property on said
leased premises are and mill be in danger of injury or• damage by causes incident to the operatiost of a
railway, by the hazard of escape of electric current, and fire, and by the movement of motors, cars or trains;
and said Lessee binds itself to indemnify said Company as to and to hold said Company harmless, of
✓ and frolrt all claints, toss or damage, whetaer to person or property; avoidable by Lessee, its officers,
agents, employees or licenses, by the exercise of due care, in view of knowledge of such hazards and dan-
gers; and Lessee hereby admits that it, its officers,agents, employees or licenssts in. or about sad leased
premises shall be conclusively deemed to have full knowledge and appreciation of the hazards and dangers
aforesaid.
It is further understood and agreed by Lessee that, in the operations of motors, cars and train.,
there is liability that horses or other animals may become frightened, and Lessee hereby agrees to assume
all rivk'of damage or injury caused by or resulting from such frightening of horses or other animals,
and agrees to ir.dem-nify and save harmless said Company from sll liability, claim or demmzd which any
person may hereafter assert', arising out of or resulting from sit cl.,frightetting of horses or other,aninaals
while upon the leased prentises or passing to and from some.
The Lessee further agrees to give to the Company,upon renuest,a bond with good and sufficient surety
,f to be approved by the Auditor of the Campaszy, conditioned that the Lessee shall and will at all times so
indarnuify the said Company against any liability, cause of action, claim. or dentand arising out of any of
the causes mentioned.in this section and -in favor of any person whosoever.
Sec. 8. The plant and business upon said leased prentises, for the purpose of conducting and oper-
ating. which this lease is made and entered into, shall be operated continuously during the te•,,m of this
lease by the Lessee and in case of neglect or failure to commence or resume such operations within thirty
(30) days after notice so to do, personally served, or mailed by the Company to the Lessee at the nearest
postoffice to, or posted in some conspicuous place upon, the said leased premises, this lease shall, at
the expiration of ten (10) days front file expiration of such notire, cease and dete- ine, without further
notice,demand or proceedings by the Company.
Sec, 9. Notwithstanding anything hereinbafore contained, it is nevertheless understood and agreed be.-.
tween the parties he,-eto, that the Company may, at any time during the terns,aforesaid, or any extension
thereof, or holding over thereundw, terminate ibis lease and the tcrancy of the Lessee of the prensises
aforesaid, by thirty (30) days' nota;re, in writing, and upon payment or lender to said Lessee of such pro-
portion of arty rent which may have been paid in advance for the.lhen current year as would otherwise
have Been applicable to the remainder of;;arch current year next succeeding the termination of said tenancy
by the notice harein provided for.
It is further agreed that said notice may be gives. by serving the Lessee personally, or by mailing
or posting as heirensbefore provided. It is further agreed behtmen lite parties hereto that in case they
fail to agree as to any extension of this lease at the expiration of the terns. hereby created, or upon
any other termination of this lease, the Casatpany shall have the privilege,if it shall so elect, of purchasing-
the 't*uildirtigs and improvements that may now be located or hereafter erected or placed upon said
leased premises by paying for said building and finprovements such price as may be agreed upon by me
parties hereto. It being further provided that in case the said parties cannot afire«upon a price, the same
shall be fixed by two persons, one to be selected by each, party, and that in. case they fail to agree, than
the two persons shall select a third person to act with thesrr in the prentises and the parties ltereta agree
to abide by the decision of Leo of the three persons.so seleCtad. Notice of ass}� etecliort ost the part of
ilia Company 8o parahasa said lrtilditgs arrd intpravatneuts slsall be.given a.t least thirty (3Q) days prsar to
the terviination of this lease either by notice or lintata=on.. Its case the Company does not elect to pur-
chase the buildings and itnProventents upon said premises, then and its that event all of said buildings and
intprozvetnents shall be removed all or prior to the date when this lease terminates, either by limitation or by
notice, and that in case such buildi+tgs and intproventents are, not all removed on such date, theft and in
that event the said buildings and improventents then rentainittg upon said leased premises shall become
the Property of the Company. ,
SEC. 1.0. It is further agreed by and between the Parties hereto that the breach of any covenant,
stipulation or condition hereilt contained to be observed and Perforined by the Lessee shall at once work
a terntinatien of this lease and cll rights of the Lessee hereunder. That no notice of such termination
or declaration of forfeiture shall be required, and the Company tnay at once re-enter upon said premises
and re-possess itself thereof and remove all persons therefrottt, or may resort to an action of forcible entry
and detainer, or ally other action to recover the sante.
SEC. 11. It is further agreed that in case Lessee holds over the terns or this lease by consent of
the Company (unless otherwise expressed in writing),such holding over shall be deensed a tendency only
from month to month.
SEC. 12. It 6s farther agreed that no spiritous, inalt or vinuous liquors or beverages shall be sold,
dispensed or given away on the said leased premises daring the ternn of this lease, or any holding over
or extenston thereof.
cEc. 13. It is further agreed that by the word Lessee is meant the party or parties of the second
part natncd herein and sighing this agreement, and his, its or their successors, assigns, executors or ad-
atinistrators, and that all of the terms and conditions of this agreement shall inure to the benefit of the .
Company and its .successors and assigns, or any railroad contpany whose line of railroad the party of the
first part hereto shay be operating under any arrangement of any kind and nature whatsoever.
1.3. I,e ee further agrees to sans the Con{r:3ny r,;,rmlesa from an;/ z��ctlarl,t..s'
I iaas that n?4y Le filed against the property herein 1 or wanes or labor perfortued
in the rIacing or erection of improvements oo fsaia proper i i of 'tbe innti&a Lion of, I"I see,
_ 2.:;d that in rase the Company :is equlred to nary any mechanic:,' i.(.. : v;iich u.r,,y be so filed
a"a.inst said property, lea,ee agrees to reiwburse the Company ;;I the i•,uaunL Lhe Company is
required to pay as aw result of at:v such rjechanics' liens and any ex,ans.;a it may incur
in conneot.i.on therewith. L.easee furthur agrees that any representative of the Company
may contra upon, the property at any time for the purpose of pasting an owner's non -l.iatil—
ity notice against mechanics' liens which might arise ague,ist the property herein leased
we a result of buildings or improvements placed or erected on said property by lessse.
Sec. 15. Lessee further agrees that nc railroad.., transportation
company, person or, persona engaged in tra�zspc� ration of either passengers,
or freight, other than the pacific electric iiaziway Company, shall have
the right to use such premises as a depot, garage or parking space fo r
any motor buees or motor trucks operating ,r used as common Carriexs,
without the Written consent of the C ompssl17 o
S.ed. 16. Leecee agrees to erect ;._.0 thorearter MsAntk,in no
less thin dive signs indicating that land is private property of the;
Companny andused te,Lporarily under lease by Lessee. Such signs shall
Lo of a size and placed in locations as agreed upon between Lessee
and Company's Chief ingineer.
Sec. 17.. lessee further agrees to erect and thereafter ra�,intei:n
at its sole cost a,?- ex-pease a post or fence 'barrier alongr t1B, Southerly
line of property herein leased so as to prevent. en.crOaClimellt on Company's
right of .gay. Such poat or fence barrier shall be subject to appro-cal
of Company' s Chief Engineer.
[N WITNESS Wi EREor, the parties hereto have caused this lease to be executed in duplicate, the day
and year first herein written.
.i ACIFIC E'LrCTRIC rx.AILWAY COMPANY,
_ Approved sGrlpt.*ol.;o r
r?�iv',, ✓ Y� !�!/L C ice( i
w.= _-- ..._. .._......... ........13 .........
9_e°4,Chief Fnginecr __..........__...._.....__.........................
_......_
Tice President
Approved a x f o.nil. C zyn of HUTITINGTON HER,
_... .. f ..._._..
_.._.fnsel By B ..._.. _
President, oard of Trustees
Approved
SUFEt21N
.. ....4.{.( EN:..... v._.T Pb�YE:< EQUIYMEN7
.._. .._.I ......_ . . .._ City Clerk
�
Approved
-
3gr. Real Estate, Taxes and Resorts
seal)
P
Forvalue received....................................._.._.._. .................._._...._.._.........._.... ._._...................._......................_._.............. do............by th-ese
presents bargain,sell, assign and set over unto ...... .... _....................................................._......................._ ......_...........__. heirs
or assigns, all..__.—right, title and interest in the foregoing lease and ..._......_....__.............. _�._._. _......:_........
....... ._... ..._.............._.......... hereby consents tq the assignment of the foregoing indenture
on said _._. .._.._:_...._..._... .....__..__._,.._._._.:_.._._..:.......... ._. .__ ............_signittg,said lease and thereby assirnting all said
covenants of the party of the'second fart therebt contained,
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the termination of this lease either by notice or lintitation. In case the Contpany does not elect to pur-
chase the buildings and iinprovenlents upon said prentises, then and in 'hat eve•' all of said buildings and
intproventents shall be rentoved onl or prior to the date when this lease terminates, either by hinitation or by
notice, and thatin case surh buildings and improveutents are not all rentoved on such date, then and in
that e-aent the said buildings and irnproventents then remaining upon said leased prentises shall beconte
the property of the Contpany.
SEC. 10. It is further agreed by and between the parties hereto that the breach of any covenant,
stipulation or condition herein contained to be observed and perforined by the Lessee shall at once work
a termination of tans lease and all rights of the Lessee hereunder. That no notice of such termination
or declaration of forfeiture shall be required, and the Company stay at once re-enter upon, said prentises
and re-possess itself thereof and rentove all persons therefront, or may resort to an action of forcible entry
and detainer, or any other action to recover the saute.
SEC. 11. It is farther agreed that in care Lessee holds over the terns of this lease by consent of
the Company (fatless otherwise expressed in writing),such holding over shall be deetned a tendency only
front month to month. �c�L ,.,,,t
SEC. 11. It it tir
further agreed that o spiritous, analt or vinuous liquors or beverages shall be sold,
dispensed or given away on. the said leased prentises during the terns o f this lease, or any holding over
or extension thereof.
SEC. 13. It is further agreed that by the word Lessee is meant the party or parties of the second
part naanted.herei.at and signing this agreement, and his, its or their successors, assigJts, executors or ad-
aninistrators, and that all of the terans and conditions of this agreement shall inure to the benefit of the
Contpany and its successors and assigns, or any railroad comprnty whose line of railroad the party of the
first part hereto ntay be operating udder any arrangement of city kind and nature whatsoever.
Lescee further ��,,rees to sage the Company harmless from any tse�t�anics'
filed eci againsl. the property herei.n leased, for wages or labor performed
G i-2 eIection of a'tfrrcvem(n"ts on said properi,y F;t the lnstige7rlOt1 of IeSSet'.
' o a a the Con-nany is r•ecluired to pay any elechanic5' lies s kiii,-,h inay tea so fi led
t said property, lessee agree 5 to reiraburse the Company in the amount the Company is
rt,ritjired to ray as a result of any such mechanics' liens and any expenses it may incur
i to cvnreo-Lion therewith. Lessee furthur agrees !hat any representative of the Company
may comp upon the property at any time for the purpose ct' posting- an owner's non--liabil--
ity notice against mechanics' liens which might arise against the property herein, ae>.ased
result of buildings or improvements placed or erected on said procerty by ie�s r
'Pea: lr. Legs Go further agrees that no railroad, transportation
Company,, person or parsons ez-gaged in trangpoxtat,ion. of either pdZuensetia
or freight, other than the Pacific Bleotri� Railway Company, shall have
the right to use such premises as a depot, garage or parking opadO for '
any molar b-moso or motor trucks ypexatia.g or used €.a 00AMOn- carriers,
without the Written consent of the CnaecpMyy
Sod. la. Le3aaee agrees to erect and thWeSli Mailltaia nOt
Zass than rive signs inelicfiting that land is private pr3pert3 of the
GoMpajW and ueed temporarily =dC�i lease by Lessee* a��1.(3�3 signs .
be of a Size and planed in locations as agreed npon.. between lessee
and Comp ty°e Chief fngilne8re
Beo, 117a Leasee further agrees to erect and thereafter Mintai.n
�at Its eels o ost ard expense a post or fence barrier F.Iong the sotithe3 rl�
line o:r proparty herein leased so as to preve)at enaroaChmOnt on Compaq n
ri* t of ,way. Such post or fence barrier shall be sub jeOt to zprroVal
of Gbmpany=3 Chief Engineer.
IN WITNESS %V11EREOF, the parties hereto have caused this lease to be execated in duplicate, the day
and year first herein written.
d -PACIFIC ELECTRIC RAILWAY CO-MPANY,
pprovcd � "'
c
C! O?3trr C t ` nginety 13y..._...___. __...._ ...,..M.. _...___....
Twee President
Approved /, CITY OP HUT11MON 'BW.OH,'
Approved Preeident1 B0411 of Trustees
te.r,a.�ze.�..tsa:cart x ¢uwcr�nrEtt CityClerk
Approved
Mgr, Real Estate,-rases and ResortsM~�
:Ps.Pi'RQvh L�.1sCO?X�[152ii)�+Ds
f seal
Forvalve receivers.................._......_........................._ ._._....._..........................................................__....................... ............_ do.........-by these
presents bargain,sell, assign and set over unto ......_ _............................_._........................_.....,............ ...._............. heir
or assigns, all. --right, title and 'inierest in the foregoing tease and .._..................._..............._..__._......_..._ ....... ., ........
__..__..._._......_.._... ... :..._.........._........._...._.___..__......_ hereby consents to the assignment of the foregoing indenture
on said ..................._.._.._... ..___..........._.....__._..._._.._......_..._ .._..._....___.........signing said leas, an$thereby assuming all said
covenants of the party of the second part therein contained.
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.Approved as to Form by Chief Counsel Form A 318
Sept. 20, 1921
L :SSE Lease 6 2 2 9
27th
bfii Ina made and entered into in duplicate this
May, 192.6
day of by and between the PACIFIC FLECTRIC P-AILWAY COMPANY, a
corporation hereinafter called the "Company," partyof the first part, and
CITY OF HUNTI TGTON BEACH,
HUNTINGTON �dDAOH, CAL. ,
hereinafter called the "Lessee," party of the second, part.
' TLtitU#.getb : i'hat the Comrbany, fcr and in consideration of the covenants and payments here-
mentioned mentioned to be performed and inaa by oic Lessee, her � $ ie said Lessee the folio, ag
described p tion the property of said Company t or,�a car
ea,0 �unl,�ngton Beach.
Station Orange
Line, Count; of .State of California,
b lo-S.ftit:
That certain irregularly shaped piece of land lying between
Ocean Boulevard and Company's traoics, betWeen Main Street :rid Ninth
Street, City of Huntington Beach, County of Orange , Stage. of California,
CE$ 8852
said premises being more barticularly shown outh7led in yellow on the map hereto attached and made
part thereof. let June .IM
The rn o this lease shall be he
s f �ay, igg , and therea�� g until cancelled on thirty
a l e ay days' ogle e
,r.
Five -m__®..—
SECTIO6eIOOThc rent therl?fiffiyd to be paid. is annually
dollars ($ ) per payable in advance x
at the office of the Cashier of the Company,in said Cite of Los Angeles, State of California; and oh Lessee
agrees to pay the Company,for the use of said premises, the rent herein reserved in the manner hereilt speci-
fied, and not, at any time, to under-lease or sublet the said leased premises, or any past thereof, or any build-
ings or structures thereon, nor assign this lease or any interest therein, w7thout the written consent of
the Company and satisfactory obligation by the proposed sub-tenant, sub-lessee or assignee, to be bound b
by all the terms and provisions of this lease, and to quit and peacably surrender to the Company the tte- {.
noised premiss upon the termination of this lease, or any extension or renewal thereof, or holding over
said term whether such. termination be by limitatial r.oldgeaRv s e eProvided.
The Lessee hereby acknowledges the title of
Company, and the leasehold estate of the Company, v1 and to the premises described in this lease, and
agrees Haver to assail or resist said title or leasehold interest.
SEC. 2. The said premises are rented to said. Lessee solely and exclusively for
Site foie auto paekinge
• 1
and if used for any other purpose, this lease and all the .privileges of same shall, at the option of the ,
Company, wi ediately cease and determine, and the Company may take possessioes of said premises
without further notice,demand or proceeding. 1;
SEC. 3. The Lessee further covenants that ito building, platform or other -tructure, to be used for
purposes other than that for which this lease is made,shall be erected or placca upon said premises with-
out the written consent of the Company; that no building, platform or other structure shall be erected or
inaintained, and no materiat or other obstruction of any kind or nature shall be placed, stored, stacked
or nlaiutained'Withita seven faet six inches (7 ft. 6 in.)`�neaytred at right angles, of the outside of'.nearest
plain line track rail,;or within six (6) feet, st.easured at right angles, of the outside of nearest spar track p
rail, provided, however, that platforms and 0eir appurtenances four (4) feet or less in height, ineasured
vertically from':top of nearest track rail,in-ay be placed or maintained at a distance of .tot less than seven'
feet six inches (7 ft. 6 in.) +neasured at right angles, from outside of nearest main like track roil or
rY
within four feet eight and one-half inches (4 ft. S%in.) measured at right angles, of the outside of nearest
spur track rail; that no gunpowder, dynamite, gasoline or other explosive material shall be piled or stored
or be permitted to be piled or stored upon the pretAases hereby leased or on the premises ozoned, leased or
controlled by the Lessee at any place within one hundred (100) feet of the said leased prannises; that the
Lessee shall bo liable for any and all injury or damage to persons or property of whatsoever nature or
kind arising out of or contributed to by any breach in whole or in; hart of any covenants in this paragraph,
including rrf'oritey's`fees and costs of recovery. t
Notze4thstanding anything herein contained, it is agreed that no building, platform or other structure
shall be erected or inaintained, and no material or other obstruction of any kind or nature shall be placed,
stored, stacked or maintained at less distance from the rails or tracks, or the center line of the tracks, than
the minimum clearance provided for by the Railroad Commission of the State of California, as stow in
effect or as the same may be changed or amended.
SEc. 4. The Lessee covenants and agrees that any and all buildings erected lepon the premises
hereby leased shalt be painted by the Lessee, the color to be satisfactory to the party of the first part,
and shall at all tunes be kept in good repair; that the premises hereby leased shall, during the continuance
of this lease, be kept by the Lessee in a neat and tidy condition and free from all straw, rubbish or other
material which would tend to increase the risk of fire or give the premises an untidy appearance, and upon
the 3xplratior;of this lease or the termination thereof,the said premises shall be restored to their original
condition that none of the buildings or other structures erected on the said premises shall be used for dis-
playintg circus posters or any sighs or advertisements other than sit,:?, notices and signs as may be connected
tenth the business of the Lessee contemplated by this lease, and that such signs and notices shall be neatly
written nr printed and shall be properly maisto'ned.
Sce. S. The Lessee further covenants and agrees to pay promptly all taxes or assessments, levied
or assessed, by or under the authority of any county cr city authorities ltpon; the improvements stow or
that may hereafter be constructed on the premises hereby ?eased, and should the said taxes and assessments
so levied or assessed be not paid by said Lessee when due, said Company may at its option pay the same,
together with all penalties or costs that stay have accrued thereon, and said Lessee hereby agrees to repay
to said Company upon demand the aatount of said taa•es end penalties and costs so paid out by said Corn-
pany, together with interest thereon at the rate of seven per ceni (79fo) per annnm from the date of such
payment until paid by the Lessee, and lentil repaid the amount of such payment, and interest shall be a
charge and lien against all buildings or improvements placed b; the Lassie or. said premises.
Sic. 6. I,•` is further agreed that no railroad or transportation company or person or persons engaged
in transportation other than the Company shall have the right or be allowed to use any track or tracks
upon extending to any part of the premises hereby leased without the express permission of the Connpany.
S>;c. 7 It is agreed by Lessee as one of the material considerations hereof thot said leased premises
are in dangerous proximity to the tracks of said Company, and that persons arid property on said
leased premises are and will be in danger of injury or damage by causes incident to the operation of
railway, b4v the hazard of escape of electric current, and fire, and by the movement of motors, cars or trains;
and said Lessee binds itself to indemnify said Company as to and to hold said. Calnpany harmless, of
and from all claims, loss or damage, whether to person; or property; avoidable by Lessee, its .rfficers_
agents, employees or- licenses, by the exercise of dare care, in view of knowledge of steel; hazards and dan-
gers; and Lessee hereby admits that it, its officers,agents, employees or licenses in or about said leased
pr=nises shall be conclusively deemed to have full knowledge and appreciation of the hazards and dangers
aforesaid.
It is further understood and: agreed by Lessee that, in the operations of motors, cars and trains,
there is liability that horses or other animals may become frightened, and Lessee here.)y agrees to assume
all risk of damage or Injury caused by or resulting front such frightening of horses or other animals,
and agrees to indemnify and save harmless said Company from all liability, claim or demand which any
person may hereafter assert, arising out of or resulting from such frightening of horses or other animals
while upon t1se.lea,-d premises or passing to and front same.
The Lessee further agrees to give to the Company,upon request, a bond with good and sufficient surety
to be approvt,l by the Auditor of the Company, conditioned that the Lessee shall and will at all times so
indemnify the said Company against any liability, cause of action, claim or demand arising o1a of any-of
the causes mentioned in this section and in favor of any person whosoever.
Sac. S. The plant and business upon• said leased premises, for the purpose of condltctin,g and oper-
ating which this lease is nnade and entered into, shall be operated continuously during the term of this
lease by H.e Lessee and in case of,neglect or failure to continence or resume such operations within thirty s
(30) days after notice so to do, personally served, or hailed by the Company to the Lessee at the nearest
postoffice to, or posted in sonte conspicuous place upon, the said leased premises, this lease shall, at
the expiration of ten (10) days from the expiration of Bach notice, cease and determine, without further
notice, demand or proceedings by the Company.
Sic. 9. Aloiwithstanding anything hereinbefore contained,it is:nevertheless understood and agreed be-
tween the parties hereto, ihat the Company may, at any time during the term aforesaid, or any extension i
thereof, or holding over thereslnder, terminate t,;a•; lease and the tenancy of the Lessee of the premises
aforesaid, by thirty (30) days' novice, in writing, and upon payment or tender to said Lessee of such pro-
portion of any rent which may have been paid in advance for the then current year as would otherwise
have been applicable a the remainder of suet. :urrent year next succeeding tha termination of said tenancy
by the notice herein provided for.
h
It is further agreed that said notice may be given by serving the Lessee personally, or by mailing A
or pasting as hereinbefore provided. It is further agreed between the parties hereto that in case they
fail to agree as to any extension, of this lease at the expiration of the terra hereby created, or upon �
any other termination of this lease, rite Company shall have the privilege,if it shall so elect, of purchasing
the buildings and intprovenaenl that may now be located or hereafter erected or placed upon; said
leased prerrtises by paying for said building and improvements such. price as may be agreed upon by the
parties hereto. It being further provided that in case the said parties,cannot agree upon a price, the same
shall be fared by two persons, one to be selected by each party, and that in case they fail to agree, then;
the two persons shall select a third person to act with'then; in the premises and the parties hereto agree
to abide by the decision of two of the ;brie persons so selected. Notice zf any election on the part of
the Company to pm-chase said 'buildings and improvements shall be given at least Mirty (30) days prior to
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the termination of this 'ease either by notice or limitation. lit case the Company does not elect to pur-
chase the buildings and improvements upon said premises, theft and in that event all of said buildings and
improvements shall be removed on or prior to the date when this lease terminates, either by limitation or by
notice, and that in case such buildings and improvements are not all removed on such date, then and in
that event the said buildings and irnproventents then re,raining upon said leased '•'-nm:ises shall become
the property of the Company.
SEc. 10. It is further agreed by and behcueen. the parties hereto that the breach of any covenant,
stipulation or condition herein contained to be observed and performed by the Lessee shall at once work
a termination of this lease and all rights of the Lessee hereunde-. That no notice of such termination
or declaration of forfeiture shall be required, aid the Company nwy at once re-enter upon said premises
and re-possess itself thereof ana remove all persons therefrom, or may resort to an action of forcible entry
and detainer, or any other action to recover the saute.
Src. 11. It is further agreed that in case Lessee holds ove- the term of this lease by consent of
the Company (artless otherwise expressed in writing),such holdhq �;;ar shall be deemed a tendency only
front month to month
Src. 12. le is further agreed that no spirituous, malt or vinous liquors or beverages shall be sold,
dispensed or given away on the said leased premises during the term of this lease, or any holding over
or extension thereof.
SEc. 13. It is further agreed that by the word Lessee is ineant the party or parties of tke second
part named herein and signing this agreement, and his, its or their successors, assigns, executors or ad-
i ministrators, and that all of the Aqrnts and conditions of this agreement shall inure to the benefit of the
Company anat its successors and assigns, or MIT railroad company euhose line of railroad the party of the
first kart hereto may be operating under any arrangement of any hind and nature whatsoever.
Sec. 14. L.es6ee further agrees to safe the Company harmleFs from any me _+.as'
liens that may be filed against tre r,rnrnr t,-;:. t ?eFzec?, fcr ivapes or labor 1, ,-aced
in the plating or erec t2 on cX i2,1 rovAt et a t ropar-w- t ci ti inert t ga.i:on C: 7,,3o�
and that in case the t ot+IAan'i 44 z. re ou l A t..J ? a t Ci I ^,'C:: __ t�i Cil 1,r t,_ ed
against said property, lasseo i;grcti t.) _. Vie come 7 r_.::�:)'1� ttt� %OIl '.;ib
required to pay as a result of ar.y such .. a{:.:: lienl-• r. ., OX:)en-;es zt gay in•jur
in conneatiop therewith, Lessee Curthur aes that ..:r: t-i; : :.r::tativa of the Company
may come upon the property'at .an" time i'.r I�':e pu pore of ,; I ; a;n owner's non—liatil—
ity notice against mechanics' 1iens wh,: :_. R_r ht arise i , ..:_•t t,c property herein leased
lac a rmwlt of buildings or improvemc :sec 3 or P; ;ed Lr Es c: property by lessee.
Sasso 15., Lessen :�tarther agrees that no railroad, transportation
company, persor, or persons engaged in transpor%& Ioa of either paseen-
$ers or freight other than the Pacific Elea tric 'Eailway Company, shall
have th6 right to use such premises as a depot, garage or parking space
for any motor buses or rotor tracks operating or used as common car.-iors
without the wr3'tTen consent of the Company.
Sea* lGe Losses agrees to erect and thereafter maintain not
:leas than five signs ns indicating that land is private property of the
Company- and used temporarily under leans by Zessee. Such signs shall
be of a size and placed in locations as agreed upon between Less-is
and Company's Chief Engineer.
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Seca 17. Lessee further agrees to erect and thereafter maintain
at its sole cost and exps se a post or fence barrier along; the southerly
line of property herein leased so ao to prevent enaroachmenz on Companyl
right of way, Such post or fence barrier shall be subject to approval
of Company's Chief inginser.
IN WITNESS WIMEOF, the parties hereto have caused this lease to be executed in duplicate, the day
and year first herein written.
PACIFIC ELECTRIC 1,1ILNVAY COMPANY,
Approved as to description
_.___... _.._. _._.._...._ ._................
_......_�.._._._.
Chief Engineer B y...................._.............._..................___..............................
__
Vice President
Approved as to 'form
__._ _.�_._........ _......._..........._....................._...............__.. OITY O ... BEACH,.... ._. .._..
Approved
_. .. __ ._....._•... -_ _ _..._.......... .__ Td? 'S t't31l v:o.. `.ITms-t 2
Approved 's
_. ............ ..._.__ _...... _._.. _._.._
Nlgr. Real Estate, Taxes and Resorts
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For value received........_.._........... ......................_..........:..__.............................do__._.._by these
presents bargain sell,assign acid set over unto .............::....___............_.............__....._......._......._......,...._._...................____..._.. heirs
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cr assigns, all.__....:ri,;ht; title and interest in the foregoin.� lease astid_...._.. _._._.._.._.....__..........._..............................
_.........,„.
---------,....._..... .. ....... ....:_-__............._.......„........,_....___.........hereby consents to the assignment of the foregoing-bidenture
on said:... _............ _.....„................._..............._.._........__.._............................signing said lease and thereby assuming all said
covenants of the party of the second Part therein contained. '
...._..._.............. ._.................._. .............................._ ..........
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,.,.,.,.
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