HomeMy WebLinkAboutPACIFIC ELECTRIC RAILWAY COMPANY - 1941-05-28 ...- -. 4
'cB-41-16 _ o 2233
Approved as to form by Chtef CAIIn
June 30,19
V
--- --- LEASE No....__J r '
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made and entered into this 28th dayof MAYO 39 41
by and between P.icmc ELreTate RAmwAY COMPANY, a corporation, first party, hereinafter called Company,
arul CITY OF MWINGTON BEACH, A Muni.oila
of Cali.forma s vl Co�po�a�iazx of the State
Mintington Beaoh, Calif.
second party,hereinafter called Lessee.
(1) That `•'om.paay, for and in consideration of the covenants and payments hereinafter mentioned to be
performed and made by Lessee, hereby leases unto the said Lessee mid Lessee leases from the Company the
following described portion of the property of said Company at or near 000&T! V ,
Himi-i.ngton Beach Station, Newport Beach A — •• •• - Line, =duty of
State of California,toavit:
An irregu-ar shaped parcel of land.,
the location of said premises being more particulariy shown enclosed within red line.. upon the blue print map
No.C.E.H. 16606-b hereto attached and made a pert hereof,for the term — - - — - - — - r
from the 13;; day of srtdTme$ -94 ,to the 315t day of
MaY a 1946
(2) The rent therefor agreed to be paid by Lessee is — — — — — _. — — — OM# _
Dollars(�.00III — )per — — — — — payable• —
— — — — in adv&nce at the
office of the Cashier of Company in the City of Los Angeles,State of California.
(3) Lessee hereby acknowledges title of Company and/or its Lessor in and to the premises described in
this lease and agrees never to assail or resist said title,
(4) Lessee..-)venants and agrees that said premises shall be used by Lessee solely and exclusively for
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---- BBAUTIFICA`PION AND PEDIESTRIM CI3.OSSWAIK.S
(5) Lessee covenants and agrees not to under-lease or sublet said leased premises; or any part thereof, or
assign this lease, or any interest therein without the written consent of Company and satisfactory obligations by
proposed subeenant,sublessee or assignee, to be bound by all the terms and provisions of this lease first had and
obtained. '
(6) Lessee agrees to conform to all lards, ordinances, and legal reguircments as to the use of the premises
herein leased including all rules and regidation.s as to clearances from railroad tracks issued by the Railroad
Commission of the State of California, or the Company. Lessee further agrees that under no circumstances shall
any gunpowder, dynamite or other explosive material be piled or stored upon the premises her-an leased.In case
of any breach by Lessee of these obligations or any of them.Lessee expressly agrees to indemnify and save Company
harmless from and against arty and all claims, loss, damage, injury, and liability howsoever name be caused,
resulting directly or indirectly therefrom. -)
(7) Lessee covenants and agrees that said leased premises and any and all structures erected thereon shall
at all times be kept free from rubbish end in a neat and safe condition,and :z good repair--nd satisfactory to the
Com.Many;that said leased premises and buildings and structure.;Prected thereon shall not be used for displaying
signs or notice-, other than those connected wit% the business of Lessee confer plated by this Lease. Such notices.
and signs shall he neat and properly maintained.
(8) The Lessee further covenants and agrees to pay promptly all taxes or assessments, levied or assessed,
by or under the authority of any governmental agency upon the improvements owned by Lessee 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 due, said Company may at its option pay the same, together with all
penalties or costs that may have accrued thereon, and said lessee hereby agree. is repay to said Company upon
denzaad the amount of said taxes and penalties and cots so Arid out by said Company, together with interest
thereon at the rate of seven per cent (77o) per annum front the date of such payment until paid by the Lessee,
and until repa'l the amount of such payment., and interest shall be z charge and lien against all buildings, or
improvements placed by the Lessee op said premises.
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(10) Lessee covenants and agrees that said premises are in dangerous proximity to railroad tracks of Com-
pany, and that persons and property on said leased premises are and will be in danger of injury or damage by
causes incident to the operation of a railroad as by the hazard of es-ape of electric current and fire, and by the
movement of motors, cars or trains; and said Lessee hereby agrees to indemnify said Company as to and to hold
said Company harmless, of and from all :!aims, loss or damage, whether to person or property, avoidable by
Lessee, its officers, agents, employees or licensees, by the exercise of due care, in view of knowledge of such
hazards and dangers; and Lessee hereby admits that it,its officers,agents, employees or licensees in or about said
leased premises shall be conclusively deemed to have full knowledge and appreciation of the hazards and dangers
aforesaid. Lessee agrees to furnish Company upon request a bond with good and sufficient sureties to be approved
by the Auditor of Company, conditioned that. the Lessee does at all times indemnify 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 whomsoever.
(11) lessee covenant., ind agrees that the plant and business upon said leased premises shall be operated
contuz,zously during the term of this lease, and in case of neglect or failure to commence or resume such opera-
tions within thirty (30) days after 7vritten notice so to do this lease shall cease and determine without further
notice,(? mend or proceeding by the Company.
(12) Lessee covenants and agrees that i t case essea holds over the terms of this lease such holding over
shall be a tenancy only from month to rnonlli and upon the sa,ze terms and conditions as in this lease stated,
except as modified by this Section.
(13) It is agreed that if Lessee shall defa dt witr, respect to any covenant, agreement or stipulation herein
contained, or fail to perform, observe or fulfill any of the obligati-ns herein imposed on Lessee or imposed on
Lessee by law, Company may at its option forthwith terminate this lease and re-enter upon said leased premises
and remove all persons therefrom. No notice of such termination or declaration or forfeiture shall be required.
The icaivzr by Company of any default on the part of Lessee shall not be constrr-?d as a waiver of any other
default; neither shall the termination of this lease in my manner relieve or release Lessee from any liability which
may have attached or accrued prior to or at the time of such termination.
(14) Notwithstanding anything herein contained, it is nevertheless understood and agreed between the
parties hereto that the Company may at any time during the term aforesaid,or a^.y renewal or extension thereof,
or holding over hereunder, terminate this lease and the tenancy of Lessee aforesaid by thirty (30) days' notice
in writing, and upon payment or tender to said Lessee of such proportion of any rent which may have been paid
in advance for the then current year as would otherwise hrve been applicable to the remainder of such current
year next succeeding the termination of said tenancy by notice herein provided for.
(15) Any notice to be given by the Company to Lessee hereunder shall be deemed to be properly served if
the same be delivered to Lessee, or if left with any, agent, servant or employee of Lessee on the leased premises,
or if posted on the leased premises, or if deposited in the post office, posy paid, addressed to Lessee at said
premises or Lessee's last known address.
(16) It is further understood and agreed that upon the expiration or termination of this lease, or any exten-
sion or renewal thereof or holding over hereunder,Lessee will without frirther notice, deliver up to Company the
possession of said leased premises. In the event Lessee has not removed all buildings or structures including
railroad tracks, switches and any appliances connected therewith which are wholly owne.' by Lessee upon such
expiration or termination of this lease, such buildings or structures including railroad traciis, switches, and
appliances connected therewith shall at the option of Company become the properly of Company and Lessee
shall forfeit all right, title and interest therein to Company. If Company so elects it may remove from said
leased premises any buildings, structures or other properly of Lessee and restore said leased premises to substan-
tially the same state and condition in which they existed at the time Lessee took possession, all at the expense of
Lessee, which expense Lessee agrees pay to Company upon demand, provided, however, that if said buildings, '
structures or other property remain said premises at the expiration or termination of this lease as a result of
the exercise by Company of the option contained in the next Section the provisions of this Section shall not apply.
k17) It is agreed that Company shall have the right, if it so elects, of purchasing the buildings and im-
provements or other property or any part thereof belonging to Lessee that niay now be located or hereafter erected
or placed upon said lease premises by paying for said buildings and improvements or any part thereof so elected
to be purchased such price as may be agreed coon by the parties hereto. Notice of its desire to so purchase must
be giver: by Company to Lessee at least thirty days prior to the termination or expiration of this lease. If the
partiea hereto cannot agree upon a price, a price shall be fixed by two appraisers, one to be selected by each
party 4nd in case such.two appraisers fail to agree, then such two appraisers shall select a third appraiser to act
with them and the parties hereto agree to abide by the decision of two of the three appraisers so selected. Each
party shall pay for the services of its own appraiser and in the event a third appraiser is selected the cost of the
services of s:i:h third appraiser shall be borne equally by the parties hereto.
(18) It is agreed that in case Lessee shall be adjudged a bankrupt, either by voluntary or involuntary pro-
ceedings,this lease shall at once cease and determine, and the Company may re-erser the demised premises,and
in no event shall this lease be or become an asset of Lessee's estate inbankruptoy; but if Lessee should become
insolvent, or fail in. business, or make an assignment for the benefit of creditors,the Company may at its option
terminate this lease, and when so terminated, by notice in writing, the Company may re-enter the demised
premises; and in no event shall this lease be treated as an asset either before or after the exercise of said option.
C. E. H. 16 60 6 -b
CITY z OF HUNTINGTON � BEkCH
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T'O N EW P O RT +-
PEDE5TRIP.N CROSSWALK
PACir-'1G ELEC` TIC RY. CO.
OFFICE OF CHIEFENGINEER
LEGEND LSUBJECT
E NEVJPORT BEACH
LEASECATGON CITY OF HUNTINGTON BEACH
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eppp E>EAUT[•�=iGAT1DN LEASE
SCALE I"=50' jJml CA, E JUNE 26,19.1
.- a P s M • r /
The undersigned, RMITIMTON Li^ H C01OP-e •, a corporation,
.d ST,"DARD OTM CO?&.ANY OF OAIIF0'_R r_QPL, a lorporation., hereby consent
to the foregoing leaso between Pacific Electric. Railway Oompany, a
corporation, and the Oity of Huntington. Beach, a mimicipa:t corpora.--•
Lion, provil-ted that neither -this consent nor any of th provisions
of said lease, or anyt;iing therein contained, shall in any way be
deemed as a waiver by the unaersigned of wha,tevgr right, title or
interest the undersigned have in and to the property in said lease
described, or any part thereof, nor shah. this consent in any manner
whatsoe-rer be usea as evider..ce or as a basis for the construction
in any manner Whatsoever of -the rig--nt, title or interest of the
-undersigned in and to said property, or any part thereof, it being
understood that this consent is given solely upon the conditions
hereinabove set forth and that, except ,for such conditions, i
would not be given. 7
Dated the Z l 1�-- day of
''c =pies ' ent
:-_sat. �3earetaxy
By
By
Assistant Secretary
r r.. y A p 0 ^ ✓ r I P
(29) .Lessee agrees to surface the prol)erty to be used for
crosswalks and to maintain said surfaee during, term of leage, all
such cost of installation and maintenance of surface to be at sole
cost of Lessee.
(30) Lessee ,agrees to grade the herein leased property and to
plant flowers, shrubs, etc., thereon and vill maintain and water such
flowers, shrubs, etc. during the terra. of Wis lease, suoh plants,
shrubs, etc. to be restricted to a maximum height Of two (21 ) feet.
On termination of this lease or sooner can.cellatiozithereof o Lessee
will remove planta, shrubs, etc. and restore property to its original
condition, all at its own sole ec-it and expense.
(31.) It is further agreed that no plants are to be nearer tbaja
ten. (lot ) feet from the nearest :,ail of Rompany's. track.
(32) Lessee agrees that crosswalk for pedestr Tans over right of
wey will not be constructed or placed in use until and unless
approved by the California State Railroad Conn.ssiono
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(19) The Lessee will not construct, alter or repair structures of any character upon the above-mentioned
premises without the written consent of the Company first had and obtained, except necessary emergency repairs.
(20) Lessee further agrees to save the Company harmless from any liens that may be filed against the
property herein leased, in the placing or erection of improvements on,said property at the instigation of Lessee,
and that in case the Company is required to pay any liens which may be so filed against stI pro;^erty, Lessee
agrees to reimburse the Company in the amount the Company is required to pay as a result of any such liens
and any expense i:.;nay incur in connection therewith. Lessee further agrees that any representative of the Com-
pany may come upon the property at any time for the purpose nf posting owner's non-liability notice against
liens which might arise against the property herein leased as a ,result of buildings or improvements placed or
erected on said property by Lessee.
(21) It is agreed that in case the Company shall bring suit to compel performance of, or to recover for
breach of, any covenant,agreement or condition herein written,Lessee shall.and will pay to the Company reason-
able attorney fees in addition to the .amount of judgment and costs.
(22) It is agreed that in case Lessee shall (except by the Company) be lawfully deprived of the possession
of said premises or any part thereof,Lessee shall notify the Company in-writing, ratting forth in full the circum-
stances in relation thereto.whereupon the Company may, at its option, either install Lessee in possession of said
,,remises or refund to Lessee the pro rata amount of the rental paid in advance for any period subsequent to
the receipt of such notice, whereupon no claims for damages of whatsoever kind or character incurred by Lessee
by reason of such dispossession shall be chargeable against the Company.
(23) It is agreed that time and specific performance are each of the essence of this lease.
(24) Lessee expressly agrees to indemnify and save Company harmless from and against any and all claims,
loss, damage, injury, and, liability howsoever same may be caused, re3ulting directly or indirectly from the use
or occupation of said leased premises hereunder or from any breach by Lessee of any of she obligations herein
provided.
(25) It is expressly understood and agreed that the Lessee will at no time claim the property of the Com-
pany, nor any part 1hc.eof, as dedicated to public use by reason of the use of such property for any of the put--
poses herein provided for or incidental thereto.
(26) It is Und.eratood and, ag aed that Paragraph (9) of this
.ease was deleted from lease: prior to exacution.
(27) This lease iS Subject to tte consent of Huntington Beach
company, a corporatiozz, and Standard Oil Company of California, a
corporation, attached hereto and made a part hereof, Which said con-
sent, and every part thereof is binding an the Lessor and Le, ee
herein,, and on their respective successors toad assigns.
(28) Paragraphs 29 to 32, inclusive, as iveitten, on: art. ied
sheet are incorporated wid made a part of this lease rzi.or to
execution.
4
This lease shall inure to the benefit of and be binding upon the heirs, administrators, executors, successors
and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties herein hato,,caused this lease to be executed in duplicate, the day and
year first above written.
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PACIFIC ELECTRIC RAILWAY COM - ''_'
President x
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(Lessee)
Ax._
03.ty Clerk
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Land and Tax Dept.
Auditor's No._..._...._... --�.
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LEASE
PACIFIC ELECTRIC RAILWAY COMPANY
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PACIFIC ELECTRIC RAILWAYCC3 P,ANYY
PACIFIC ELECTRIC BUILDING, 610 ;,FUTH MAIN STREET C7
P. O. ADDRESS 203 EAST 6TH STREET
LOS ANGELES 14, CALIFORNIA !REp��b VER rn(C
E.VAN DUSEN �~ M 11 \r
IAANAGER LAND AND TAX DEPARTMENT L 9 1951 111---
July 3, 1951 Loa 106��
Mr. J. L. Hondricksen
City Clerk
City of Huntington Beach
Huntington Beach, California
Dear Sir:
It is noted th,.�.1 or. June 20, original and duplicate
copies of Lease 10692 in favor City of Huntington Beach
covering beauti fic,,:tion and cross ~,Talk over right of way at
�:.ain Street and Ocean mv*,,nue were fcrw,:sdced for execution and
return for my h.-xnfilin.• to completion,
As it is also necessary to secure cunsent of HuntinZton
Beach Com any and Standard Cil_ Com%ny to this lease am enclosing
tv.o a:iditioncl copies for execution on behalf of your City. Jould
appreciate ,your r�turning all four o the copies to sae for com-
piotion. Regret that .four copies of tho agreement were not for-
warded you orilri.nally as was intended`
Yours very truly,
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i EXCERPT FROM MINUTES OF THE CITY CCUNCIL tn, G '967
. ^ t1MMTES
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•s' ' Council Chamber, City Hall
Huntington Beach$ CaTLfornia
Tuesday, June 26, 1951m
Pursuant to adjournment of June 18, 1951 Mvor Langenbeck culled the
adjourned meeting of the City Council to order at 7:01) o'clock P.M.
Coanci:lmen present: Greer, LeBard, Seabridge,, Langenbeck.
Councilmen absent: Talbert. (Councilman Tal'nert arrived at 7.15 P.M.)
C-ouncilmran Talbert arrived at this time, 7:15 P.M.
On motion by Talbert seconded by Seabridge that the Mayor and the City z.
Clerk be authorized to execute the renewal of Lease No. 10692 between the
Pacific Electric Railway Company and City of Huntingtoa Beach covering an
irregularly shaped larcel of land at Ocean Avenue and Pain Street, City of
Huntington Beach, County of Orange,, State of California, the locaUion of said
parcel being more particularly shown. outlined Ln RED on Plat CEH 166-,6—b
attached to and-ntade part of original lease Not 10692, vogewal. to be for the
term beginning June 1, 1951 and ending Ida, 31, 1956 and the rental to be one
($1m00) dollar for the full five year terra, was approved.
# # r y' �• of r #
On motion by LeBard seconded by Greer the adjourned meeting of the. City.
Council of the City of Huntington Beach adjourned*
JOHM L. HE14RICKSEN
Ui�tClerk and ex--of ficio Clerk
of the City Council of the City
of Huntington Beach, California.
By BETTY L. DIEKOFF
ATTEST: Deputy City Clerk
JOHN L. HENRICKSEN VERNON IAIIGENBECK
amity Clerk Mayor ?
By BETTY L. DIEKOr + --
Deputy City Clerk 1°
STATE OF CALIFORNIA
dpunty of grange ) ss:
City of Huntington Beach }
I., JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of
the City of Huntington Beach, California, do hereby certify that the above and fore- }
going is a true and correct excerpt from. minutes of the City Council of said City
at their adjourned meeting held on the 26th day of June, 1951, which minutes in "
full are on file and rx record.
WITNESS riy hi nd and seal of the said City of HiLutington Beach this the 10tla
day of July, 1951.
b a
CAtr Clerk and ex-offiaiq
t e City Council of the City 6f
Huntington Beach, California,
12-46�4 M S-5376
(Approved as to form
by General Attorney
17m�November 17, 1948)
Lease No. 1069
I Los Angeles, California,
(Cale)
RENEWAL OF F,EASE
It is mutually agreed that the lease entered into on
May 28, 1941 between Pacific Electric PI:9ILir: y
Company and Cl' oE�' HUI�Im1G oN "'m, A 11 mic lsal Corporation of the State
of California,
Huntington Beach, California
covering an i oful.arly shpp.,Wparcel of feed at•ocean Avenue and 14dn
straet,, City of I-luntington Beach, Cour;y of Ear , S-b;.,te of California,
the location.on of said parcel being more particularly shov+n outlined in II'M
on plat CE11 1 i606—'b attached to and made I.xt, of originvl lease No. 106922.
I
be an,-', the same is hereby renewed and extended for the; term
beginning dune 1, 1951 and ending May 31, 1956
The rental therefor shall be as follows:
OIM (01.00) DOLLAR for the full five year terra hereto or fraction thereof,
payable in advance*
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Except as otherwise herein provided it is mutually under—
stood and agreed that all the terms, covenants and conditions of
said lease shall be and remain in full force and effect.
PACIFI LECTRIC RAM MY
By -�
Vices President
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..............
The undersigned, HL�TZ1VGTOM B%ACID CO MANY, a corporation,,
and STANDARD OIL COMPANY OF CALIFORNIA, a corporation, 49reby consent
to the foregoing lease between Pacific Electric Railway Company, a
corporation, and the City ofIutZtngton Beach, a muncipal.corpora-
Lion, provided that neither this consont nor any of the provisions
of said lease, or anything tlzerein contained, shall in any vtay be
deemed as a waiver by the unders teed of whatever right, title or
interest the undersigned have in and to the property in said lease
described, or any part thereof, ?tor 'shall this consent in any manner
whatsoever be used as evidence or as a basis for the construction
in any manner -whatsoever of the right, title or interest of the
undersigned in and to said property, or any part thereof, it bring
understood that this corwort is given solely upon the conditions
hereinabove set forth and that, except for such conditions, it {
would not be given„ s
Dated the �� day of , 1951
HUNTIT+MT N BEA i COMPANY'
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By ��.... _......,.cs h
"va sident
By
Asst, becretsry
t' STAND co, ANY OF CALImpam,
Co Tact Agent
By
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A s'�. �acrstary
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e as e`r r S-5376
(Approved as to form
by General Attorney
July 10, 1945)
Lease No. 10692
Los Angeles, California,
April 6, 1946
(Date)
RENEWAL OF LEASE
It is mutually agreed that the lease entered into on
may 28, 1941 between Pacific Electric RAILWAY
Company and CITY OF HUNTDIGTON B&LOH, A Municipal corporation of the State
of California,
Huntington Beach, California
covering
n irre.jularly shaped parcel of land at Oaean Avenue and Mein
street, City of Huntington Beach, Count-.y of Orange, State of California,
the location of said parcel being more particularly shoim outlined in NED
on plat ClfH 16606-b attached to sad .;ade part of original lease No, 10692.
be and the same is hereby renewed and extended for the term
beginning June 1, 1946 and ending May 31, 1951
The rental 'therefor shall be as follows:
ONE ($1.00) DOLLAR for the full five year term hereto or traction thereof,
payable in advance.
3
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Except as otherwise herein provided it is mutually under—
stood and agreed that all the terms, -covenants and conditions of
said lease shall be and remain in full force and effect.
PACIFIC EL"� �`��FjA 'tAYf COM NY
Pre sideut
ayor
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The undersigaed., BLIMIdGTOX BEACH 00WI ANY a corporation,
a STANDARD on Cohtmy OF CAiimmu, a corporation,- hereby:, coyiseht
to 'G 6-:A .rowggQiAg 108 0 beitlle@n:.Pacific 3lect.11C.Railway Company, 8 !F:
aov ciation; and the Cite of 1�lIttington Beach, '4 mmicipal, aorbolra- A
Lion-, 'Pro, d.'Lhat neit liar this ooneent not any of t he p ov;.sions'
S; of seicl leese, or ianyt ing thexein contained, shall in any way be
deemed as a wiver by the under ign4d of whatever -right, t ill la 'or:
intex-0st the undersigned have in Emd to the proparty in said !a a se
desorlbaa., or "Bray part thereof nos shell, this consent in any mux Sr
whatsoe.war b- 'used as evidence or as a basis for the oonstruction .
iii eny-manner whatsoever of the right, title or interest of the
uudarsignad in, and to eaid property, or any part thereof, it` being
understood that this consent is gives solelyupon the conditions
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l®reinobove' set forth and that, exoept for saah conditions, is
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would not be, given.
Dated the p day of f/' _• 1946
�s dent =
By
t_R9to o tars v
L./
IL i ANY OF CALIFORNIA.
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