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HomeMy WebLinkAboutPacific Electric Railway Company - 1953-05-01 5 OF I'Ir• IT L U I1E A4;'.�; "w t t•JliERSAS , the part!.es hereto entered .into a ].come under date of May 1, 1953, covering the property shown, outlined in red on Dvaaing C .E .H. 16956-b , bc,inr, Lease No . 13916, and, W IEREAS, it was necessary for • les;see to acgUlre \ new heads for the marking meters effective Frith the 1962 season, and, r WHERE0 lessee acquired said new parking meter heads �r by lease, and, MREAS the parties hereto desire to supplement and amend said Lease No . 1391.6 as herein provided; { NOW THEREFORE, IT IS AGREED A5 FOLL01VIS : 1 . Effective with the •1962 season lessee may deduct; the rent paid by it for the parking meter heads before the dividing of the gross rental received from said park- ing meters between the parties to said lease ; i 2 . All the terms, conditions and covenants of said lease except as herein provided shall remain in full force and effect . IN WITNESS WHEREOF.. the parties hereto have executed this supplement to lease this clay of JU L 1963 . PAS:-FIC ELECTRIC t ;la r COi�IE:Uly, EY - - t CITY OF �t'�'I�IG't'rra EEPrC�i y f ATTEST • C11 Y A*4'T06VJ2Y r„1. ,�r' 1�.� l:'T Lessee \\ Form Apprntrd �` B. t). Yrom..r�, GHneni�'�rrwnrf FX CM ION APt'AOM0 iiCN►IANS. GM 4 A."" j •` 1 f' !�l rl �"��. {!":!'.�',hi"'-' ►''f f'aw,t,,• +. ,�• Y ,h•. .i. .. Ito kT/ IM Mau • Ytpprowd to to tarn► br f4hatal Atlarnay 1ltatoh 19, low LEASE ....�I.r®Irl...-... LEASE NO................................. made and entered into this 15t day'df Mag 1953 .by and t -aween PACIFIC ELECTRIC RAILWAY COMP/tNY, a corporation, tfrat party, herei after called Company, 4 :;; 11 + ' .. 1 ,�.' , • ` + CITY OF HMJM12 IGMa =' CH , '------' '4 HtnT'I�ri'G'l'MI -AM, CALIFUri1ilA r1L/J��;?• �•�CJ. + second•party, 'hereinafter called Lessee. i"• (I -That Company, for and in consideration of the covenants and payments hereinafter mentioned to be P 'Jorriiid and made by Lessee, hereby leaacs unto the said Lessee ar:d Lessee leases from the Company the "t 'following described portion of the property of said Company y between Ninth street and . Q Huntington Beach Swim Newport reach Lint, County s j Orange State of California, to-wit: 1.. Three (3) ' irregularly shajx-A parcals of ].and, � , 1i.1'i•1t• :51,1.1 f..•if:'� , ,, ' ,. V: 1 .. ... f. r '' , .,+ 11 , .r i� loot L'U1L1:1't+ l i:� '.,,. . •:: •, ' 11 r l• • ,i .i .. . ' .. .'• t .,' ;, . . .1! ;f 1'•;Ili �Si. L ,l: ..,•'� tl' .1.".11i i, •4 , .. �i„•. .. .. •. ,.� .. '• ..) ",' I , f. 1..�. �,.Si i t C•1. .,• �:Sit, ',. '.�:'. •'�• , :r: .,. ,, IS :t,. .+ '. .' ' 'r ... - . .. '. � l thi.localibn~ol-said piemisc's being mare•particidarly sho',wi.. citclosed'within'red'line.s upon the bhr c print map hereto attrched and made a port hereof, for the term /ram'theme - . . .day'�f I"ts,� 1 c153 , to the 31st day of ' qct bee 1957. , t h # (27) ) ,. 1 , 12) � �.�t����,:.� arb��a�r�rac��c' a©e Paragrap `' `,` � • � �.�* zr� ..�mn�naxr .xr,�rzir�i►��*anaa+ � � r3) Lessee hereby acknowledges title of Company and/or its Lessor in and to the premises described in this 'ease.g} (4) . Lessee covenants and agrees that said premises shall be used by Lessee solely and exclusively for ` MA+.,m,,©d public auto parldne vd th right to Cross tracks wt indicated crossing pc►int„ (5) Lcssee covenants and agrees not to under-lease or sublet said leased premises, or anv part thereof, or ; assign this lease, or tiny interest therein without the written consent r'f Company and satislactory obligations by t proposed sublenant, sublessce or assignee, to be bound by cll the terms and provisions of this !case first had and obtained, (6) Lessee agrees to conforin to all lain, ordinances, and legal requirements as to the use of the premises 2. herein leased including all rules and regulations as to clearances jro►n railroad !racks issued by the Railroad Commission of the State a f California, or the Company. Lessee further agrees that tinder no circumstcriccs shall any gunpowder, dynamist or other explosive material be !tiled or stored upon the premises herein leased. i (7) Lessee covenants and agrees that said leased premises and any and all structures erected thereon shall et all tines be kept free from rut'bish. and in a neat and safe, condition, and in good repair; that laid leased premises and buildings and structures erected thereon shall not be used for displaying signs ur notices other than those connected kith the business of Lessee contemplated by this Lease. Such notices and si.;ns shall be neat and properly maintained. t' ,• ; F. 1 ' 1.�f' ••`•. f.'t; '' , • (8) The Lessee furthrr covenants and agrees to pity promptly all tares or assessments, levied or assessed, A by or under the authority o f and• governmental agency upon the imt,rnvernrnts owned by Lessee note or thatntRy r hereafter be constructed on the prerni.im hereby leased, .told rhoAf d the drill rater and amettnreita re lri'iod or aasesied be nc r paid by said Lessee when due, said Company may at its option pay the same, tultether with all `�•� Evnalties or costs thal may have accrued thereon,-and said Lessee hereby agrees to relmy to said Company upon � demand the amiunt a/ said taxes and penalties and costs so -raid out by said Compilay, together with interest thereon at the rate of seven per cent (71,0 per annum from the date of such payment: until paid by the Lessee, and until repaid the arnouns of such rapnsent, and interest shall be a charge and lien against all buildings, or improvements placed by the Lessee on said nremiies. (9) Lessee covenants and agrees that no railroad Or transportation rompan}� or person or ixrsons engaged in transportation other than Ccmp&:ny .shall 1mve the right or be allowed to use tree leased ,premises or any track or tracks upon o; extending to ant• pant of said leased premises without the ,express permission of Company. (10) Lessee covenants cad acrets that said premises ore. in dangerous proximity to railroad tracks of Coin• party, and that persons and property on said leased premises are aril will be in danger of injury or damage by causes incident to the operation o/ a railroad as by the hazard of escape o/ electric ;urr.!nl atal fire, anti by the movement of motors, cars or trains; and Lessee hereby admit: that it, its offiFcers, agents, employees or licensees in or about said leased premises shall he conclusively decried to harp full knatv!edge and al••preciation of the ha:artfs -; and dange-s aforesaid. , (11) Lessee covenants and agrees that the plant and business upon said leased premises shall be operated continuously during the term of tlt`s lerse, r_• .... _ .;: . (12) Lessec covenants and agrees that in. case Lessee holds over the term of this lease such holt:ing► over shall be a tenancy only l,'om month to. month. and upon the same terms and conli:ions as in this lease stated, ' 4 except as modif<eri liy !leis Section. (13) It is agreed that if LerTee shell_delault with res7 ct to ate , v.n.rernanl, agreement or stipulation herein � t —i htaitied, nr fail to perform, observe oil failft!l_'any af:the ahlifintio►t.s herefn'i:npcsed an Lessee or imposed oil i lessee bjr7a:v, Company may at its optiott forthivi:h lertnincle *this 7edse and re-enter u .sn said leased premises' and remove, all persons therefrom. No notice of s'.ich termination or t''.c- ration or forfeiture shall be required. , The waiver by Company of nny default on the part of Lessee shiX rot $e cdristrued 64,:vaiver of any either k default; and the termination of this lease shall not in any manner rplieve or rclease Lessee from ally liability which may have attached or accreted prior to or at the time -of such termination. (14) " iS�{ i'1Clxi�QcZ�,:fJT; [d;.�C l+tiOGIF.L�Zt »'� .:, tC' 1: �Q",CL�It� its??�"�470?'f�:i�D'.f�•�.d�t?6 � �t;'�ii;��.Bf ,� • /J f� ]�.. ,rt24T�+ C+,�?'n'X�il' •�C?�'�� �aYsl�i� ? C+�.+�ii�3i�34�f'cam,C ; ' (AJaII {FiCXi�� ,�{�t�Crfiid�pK1T�r��L�C+'DftT�0�1G3�'�k1� : i CDC �: �4?11�i'�J.ii�,+�,`IIiaf�7QtD f .bG17y��Q�+C 1 • t5 ,(18) Any notice to by given by the Company to Lessee hereunder shall be deemed to be properly served if the ¢arne be delivered to Lessee, or if left with any agent, sealant or employee of Lessee on the leased premises, or if posted on the leased premises, or if deposited i:. the part office', post p�iid, addremed to L.•sre,! at laid premises or to Lessee's last known address. (16) It is further understood and agreed that upon the ezniratior. or termination of this )Nose, or any exten- sion or rene:val thereof or ho:Ung over hereunder, Lessee ivill without further notice, deliver up to Company the possession of said leased prendt,es, In the event Lessee has not ;cinoved all buildings or structure!. including railroad tracks, switches and any npplianczs connected therewith which are wholly owned by Lessee uport such expiration or termination of this !ease, such buildings or structures including railroad tracks. switches, and appliances connecter) therewith ,hail at the option. of Compare • become the property of Company and Lessee shall forfeit ale right,- title and interest therein to Comprfriy. ! Cf�mpaRy so elects :t rosy !err:eve /torn said leased premises any buildings, structures or other property of Le.s.see and restor-, said lea.;e(l premises to substan- tially the same state and condition in which they existed at the time lessee look- possession, all tit that expense of Lessee, which expense Lessee agrees to pay to Company upon demand, provided, hvwcver, that if said buildings. structures or usher property remain on said ;!remises a! the expiration or termination of this lease as a result of tlie.exercise by Company of the option contrined in the next Section the provisions of this Section shall not apply. (U). It- u agreed that Company -h.1!1 have the right, if it so elects, of purchasing the buildiri,s and im• provenients or other prnperty or any port thereof belonging to Lessee that may now be located or hereafter erecter) cr placed upon said leased premises by paying for sniff buildings find improvements or any part tliercof so elected i F to be purchased such price as may be agreed t,pon by the parties hereto. Notic.! of its desire to so purchase must be given by (:onipan•- to Lessee at least thirty days prior to the termination or expiration of this lease, I; the r parties hereto cannot agree upon a price, a price shall be fixed by tivo apprnissers, one to be -elected by each, warty and in case such taco appraisers fail to ag-ree, then such ttvo appraisers shall select a third appraiser to act + with them and the prrlies hereto agree to abide by the decision of two of the three appraisers so selected. Each , party- shall pay for the, services of its owe: appraiser and it: the event a third appraiser is selected the cost of the # s services of such third appraiser shall be borne equally by the pai tips hereto. ' 4 (18) It is agreed that in case Lessee shall be adjudged a bankrupt, eith,?r by voluntary or involuntary pro. ceeding•s, this lease shall fit once cease and daermine, and the Company may re-ennter the. tdennised premises, and ; f! in no event shall this lease be or become an asset o/ Lessee's estate in bankruptcy•; bvt if Lesser should becornt- insolvent, or jail in business. or make fin as.signirrcnt for the benefit of credito,-.s, the Company niay at its option 7 terminate this len.sc, and :vhcn so terminatrd, by notice in writing, the Contpain,v irnay re-enter the detniscd premises; nerd in no event shall this lease be treated is an asset either before or alter the exercise of .weird onion. S (19) The Lessee :will not construct, alter or repair structures of any charavler upon the above•menliotted premiscs without the written consent of the Company first had and obir,inti, except :necessary emercenry repetir.s. (20) Lessee further ogees to save the Compar'y► harmless from any liens that may be filed against the property herein leaser), ;n the plaebig or erection of improvements an said property nt the instit;.tion of Lessee, and that in case the a":ornpany is required to per arty hems which maybe so f,'rd against snid ptoperh', Lessee Q;recs to reimburse the Cmn* any in the auiorint the Company is required to pity as a result of any such liens : and any eep:nse it may ;river in connection therewith. Lesser further al;rees that nny rep;esentctive 'o/ the Cont. + 1 peen), nw)- come upon the property at anytime for :he purpose of posti►�e urenrr's noti•iiahility ncr,re against liens ro.ttich might arise ngain.st the nraprrty hrrein leased as n result of at:"' ings or im prove�nHnts placed or f erected or said prolerty by Lessee. Lessee t.rrees to neat). Company of thy .start t.,l the ro:ist,'urton al nny im• provernents tipon srifd lcasetd premises. I , NMI Uhl • i .. . . .. .. _. - -- .+.war r.Ile+++.N.lw.d.•..u.w+r+.r.sa..w�.odY�.:+�a.4.:..W.,..•...+�.:�w�.�++w�.iiM+�++1`�i••�W..u.r...mow i:.....r...I►...•...._..�....,..._.+.._.-...-.�.-.-...�,......_...__........._.. .�,........... • f R .,,• i (27) The rent therefore ngrcid to ba paid by Lessee t1drt.y6rive percent of gmao receipta per month derived fr= autlo parl-ing wn lonaed pr ai i•sas, sub jectp however, to a g=antoed annual rental payment in amount of $1 000.04„ Said � erGantagd pa, a��nts to be r+ade on or bofor�� tl;� t®nth (10 thj day of the calordar Month follonina tho calond r month in which such gross business is done. If at the close of Waineps paviod ;r lot to October 31st each ycar of the t zn herein specified, the per contap payL8nts made month kAll not rAve suounted to the r= of 13 000.000 Lesseo shall on or before Novwbor 10t.h aech yoa�r pay to Company the differ•ance betwoen tho total amount of percentage tnyaonts =ado and the guarantee of A;0t>3.00 in order that total amount of rental paid annuAllp e►hall equal the knLaranteod rent of $10000,00 per any'+gun. It is also a5read that Laoaoa shall u.Mo fifty (505a) per. cent of the gross revanues from meters to pay purchase costs thereof and Losses -halal. no Ufy Ca^*paany iwaodiately, purchase price of ma hers has been f'ull.y ;.L%da. Eftectiva vrith th€tit date, rental rate under this lease ahall be revised to fifty (SC,") percont of grona business,, subject to arse guaraaitee + as herein st,atod. i (28) It is understood and agreed that Lessee vril.l. supply Cam, w3.th ; atatmaents of accouW' shoving amount of business done daring each calendar month, statwwnts to be forwarded Company's auditor by t-.,e tenth (loth) day , of each month following such calondar month. Lessee anall use method of ! accounting approved by auditor of the Crm.mny. { (fir) =Pany shall have the right at all reasonable times to intipect f Lossee)tg books of account ;,.n connection •rr..th tho business of 'Lessee conducted on the or-smises herein leased. _ r (30) The Lessee agrees to furnish t-ho C=pany public liability and i property damage irn,surancs in such amounts and with such insiLran o cuupaay as may be satisfactory to Company, which insurance will iniemnify and hold haxmless tho Comuany from and against &ny and all claims, loss, dnzage, injury: death and liability, honsoever same may be caused, resultiiu directly or in- directly from the construction or maintenance of the promises covered by th7.s lease, from the use thereof bq an;7one duriZg the tezm of tdxis 10ase and any extension thereof, ra: fx ax:y bz�each by I.rossco of any of the obli Ationo herein provided„ (31) Lessee agrees at its own sole cost and exnens© to im-,Lall avid raintai,n "Private Pivmrty« signs on leased prLaises, reading: "Privata Proprrt;, _Pcmi,ssion to pass over revocabla At any time„" to be located b •.cic of curb opposite Math Str3©t, Seventh Street,, Fifth Streat. (ad Jacent to an1--rance), .Second Stre©t (opposite eAt) and apnra,�a.ma,toly to idw.ay ; between First St_ t-et and "All Street and at "A" Street. Utters on. sign should bo of a manimiar+. one-inch in height, (32) linsseo agrees that al.l available parlti.ng sparse within the 3 mits of t,,is leas+) sha3.:1, be plainly marked :for parking .upusos and each s .ce so m.cr;:ed., shill. have a coin-operated taetur. (33) Leusoo further agrees at its o-.ai sole cost and e:.Tmen.sa to install ., police and maintain during; the tern hereof, all nec3ssary coin-aparated meters,, All collections frm . sU-, d stater: zha.l.l bo made by a City tnploya or bonded agency and prompt accounting m��dra to Cc�pany in accordance Frith terms of Paratmaph 28 horeof. (34) it. is a5:eed bats aan tho parti.'os hereto that al? meters shall be, in owation for rt,3rdht^i period as follows: i 1 i { .__..»...r . ...__ _ .... ... ....».,....+q.•.dww-�.r-........._._.�.....�w�».._.. ._..-1.._..mo t..._.� a..r.»........_ _..1.A..A...... ...r� ,..A. ..1 s..:LL.t..... i J ago • t a t t l For year 195.3 - July 1st to October 31st, inclusive. i Each year Uiorearter - Uay 1st to October 31st, incluni.vos r Ustors may be ramoved and stared by, Lossda through the winter period* i (35) It ie fUrther aGrood that purki.ng chargea assessed under =ter, } volutll be a chaF2.5i) of not lose than five cents ptr your, with a mi•n mtka charge of t'heat; fives cents. i (36) Notwithstanding anything heroin contained, it is never.thelese under eteod aid aSre®d between tho parties heroLo that, in the evert proport,7 ::overed by tM3 lease is rogt;.rod by 0o p=7 for trap-iportation p irposes, CaaparW nay at any time durin& the tore aforesaid, or cn,,r relrx vil or extension thereof, or hoMi•ng over heraund�'r, terminate this lease and the tenancy of tosser aforesaid by thirty (30) 'ate l notice in ,siting. (37) Lessda is ittrthar granted the right to locate a pole 'with flood light attached at a point approx=t0e17 ha]X gray betwoon First aad "A" Streets, ; t two (2 t) feet south of north right of sra,y lins e (38) This lease is subject to the conaer+t of Huntington Beach C=pany, a oorporation, and Standard Oil Company of California, at corporation, attached � hereto and =do a part hereof, which said consent, and ovary part therooi is � binding on the lessor and Lessee heroin., and on their respective successors and assigns* (39) Lessee ueiderst-ands that the road crossing grant©d to cross over right of way at pokit indicated on attached plLt No. CEH 1695E-b i•s a ' private road. cross .ng to be used for Er.•erj;ency purposes only and that Lessee is else of the crossi uS shall be sub%lact to too terms and conditions of "Private � i Road Crossing Agreement" Foxes S-1441.,' attaahad hereto and ffiade a part hereof, the terms and conditions thereof being applir.,abi a only to the crossing. (40) This lease cancels and supersedes Lease No. 12600 dated December 3, /1,,• ,,, 1948 by and between the parties hereto. *Ao ' A S r i x 11 r i t _ i i 1 M1 k4k 2 - .......... ... __.....�..-�...•�_.w.a_........ .. ... . rr , .. .. ...... .... .. _.._..�... . 1 ..... .�-.._....l...,..I.........._.1..,._.rt ..,,_...rL.b..A.a.,�..•p,•;.b11..M1 it..... i I ...r..•,++y..a\71....wa.wr.....rar M41" -.LL . ♦ .+�wlr-�_ .. .. '. � 'T Y t 4 ti Ally • r he undersigned, HVjJ'T IGTIbN BACH O PANY, a corporation, and 1 STAIMARD OIL Ca2Ar1I OF CAL.IP'OIUIIA, a •corporation, hereby consent to the ! foregoing; base between Pacific Eloctric nailway Company, a corpoi%tion, and the City of Huntington Boach, a municipal corporation, provided that neither , this consent nor any of the provisions of said lease, or cnythitig therein eon- tainod, shall in any way be deamed as a waiver k;r the undersigned of whatsver � right, twtl w or interest the und©rsiSned have in and to the property in said l►►ase doscribed, or any part thereof,, nor shall this consent in any manner j \ i � whatsoever be used as evidence or as a basic, tor the construction in any i mantle:: .zhatso©ver of the right, title or interest of the undersigned in and to said yrojarty, or ang part thereof, it being undonstood that thi:•= consent i , is given solely upon the coaditicus hei einabove set forth and that, except i ,for such conditions, it Woul not be give % Bated the �f l__._�.. day of 1953. HUNTIPiGTW B=It LCWAfTY L� VJ \)J } • ..u.a__�rw�.. a.w..,.....,... . J/////•/ �.ce Pre.�ident Assistant Secretary S I OIL -WAITY OF CALrIF01-7111A L ��ont6ct Agent B Assist-ant Secretar7 V j , e , f i i r . 1 1 i r i .__.__.�.. _ . ._....•-.a:.« . .i.. ... ..+�.. ..... .... ..._ ..... . ......_.. .. ......- .. ... .. _ .__.....,....._....f_ �. . .. ..,l...a . aa..4. / ..v..._ -:••._w....d..�t_1«•.i.�Lq..�... .�a.«.....w.w .ia�i•`. _...�..�1«. ._. A..._.«. .i� .�. _.... Y'A a .#,..lrl•L.Vi.•).1 .ram MAW (Apprond.es to Form Uy Gvnrrel Attar rid i } ' ••� tiiuvt•m�w•r S, t96J)• •• �' PRIVATE ROACH CROSSING AGREEMENT f made this day of !9 bMw on PACIFIC ELECTRIC RA IL WA Y COMPA1r Y. he►Irixa4fter termed Licensor, and i i i hereinafter termed Licensee, y 30itnevoet1j: WHEREAS, the Licensor is operating a railway in the z nanty of Stater of California, and WHEREAS, the Licenser. is the owner or in possession of lands -adjacent to properly of Lice;rtor in said � County, at or near Station; I Line of said railway operated by Licensor, and desires a ' pritgle r-lad crossing over the right of way and railway of.Licensor a► engineer survey station number as shown by the red colored portion of the chap number hereto attached and made a part hereof; and s WHEPMAS, theLicensor is willing to give to the Licensee the right to construct, maintain and use such private � rood crossing upon the lerins and conditions hereinafter contained: NOW:'THEREFORE, in consideration of the premises and of the covenants, promises and agreements p hereinafter contained, to be k,?pt, observed and performed by the Licensee, the Licensor hereby gives the Litenree the right !n construct, maintain and use .said crossing upon the follou•irig terms and conditions, to all of which the Lice--ice assents, to-wit: 1. The, term of this agreem-ent shall be from the day of f to the day of 2. !.3. Licensee hereby ackntoudedges the title of ricensor anti its Lcssor in and to the preinises described in this s agrecrnen4 �l•�:i�ct s :� � o 4. The Licensee shall, at his ozvn sole cost -►d expsnsc, construct such crossing to the satisfaction of lire engineer of the Licensor, arid shall thenceforth maintain and keep such crossing in good repair. ; 5. The Licensee shall, at Licensee's sole cost and exp:•nse, provide and erect at said crossing such gates or t, barrier: as may be designated by Licensor; said gates or barriers 1c be approved by Licensor and to be erected to its satisfaction, and the Licensee shall thenccfoelh maintain and keep said gates or barriers in good repair to the solisfaetion of said Licensor. Licensee, upon ternr.nation of this Agreement, shall remove crossing and shall pay cost ►'o restore rail facili- ties to condition prior ,'a instaliation of Private Read Crossing. 6. The 1•-cerse.- small at all limes keep said gates closed and s.'cur:ly lv,ke:d except whers opemrd to permit the use of laic! crossing. � 7. The Licensee expressly .agrees to indemnify and save Licensor harmless frown and cgain�l any and all ii claims, loss, daniage, injury and liability howsoevcr sanse ryray be caused, resulting directly or indirectly by Yeasen of the entry of live stock upon. said right of way or railway through said gates or barriers, and from any and all judg-ments which any person: or persons may recover friar: theiicensor by reason of any such loss or damage. 8. The Licensee shall not assign or transfer this agrectnent in whole or in part without the written consent of Licenser firs; had and obtained, and shall not permit said crossing to be used by the public or by any person or 3C7SOnrs except LrC."ItSCe, Licensee's farttily, ilfSlS, tenant, enrpCoyces and persorr: hai'rnrj! business -with Licensee, it being :xpressly u.-iderstood and agreed that .raid crossing i.s a privale one and is not intended for public use. 9. The Licensee expressly agrees to indemnify an.4 sage Licensor harmless from and rgainst any and all clainncs, loss, damage, intjur, and liability ho—somer sanie. may be carved resulting directly or inrdireclly fro:ni the eonstraction, maintenrance, premnc: or use of said crossing. 10. The covenants an provisions of Sections 7 and 9 hereof shall insure to the benefit of each and all of the � affiliated companies of Licensor and any other railroad company that may be lawfully operating upon and over the tracks of said crossing, and wherever the word"Licensor"iS tcscd in said sections 7 and 9 he-ein it shall be � construed 1e include each and all of the gffrlia.ed companies ojf Licensor, and any railroad ctmipany that rray be I� daufully operating on and over said tracks at said crossing. 11. A sign reading as follows: "PRIVATE CROSSING---- NOT FOR PUBLIC USE" .shall he erected and maintained by, and at the .sole cost end expense of Lice.,,-see at +etch enel of each road crossing covered by this agreement. Each said sign and its ° appurlenatrcrs shall be of a site arm forin designalrri by Licensor and shall he erected and maintained at a point ' designralyd by Lieritso► and in a maittier snt:sfartory to it; provided, however, that Licensor +etay iA,If cries anrd/or Wliinlain any such notice, in which merit Licensee ogres to reiniburse Lice-rsnr from time to lime /he eo.sls of such -• trrrlic't and 'or rrraintenaneP nu presentation of hills therefor. ( �.N 1. •f!\ ." / • •' ..'--\.w. r......♦ ..... .. «..•:a• ..Y• .....�. -i.l..•.•.• .a•�pr•..r... • .r.-•'•...•\rw.y.• .y . -.......... w -._..rr..�.. �..�.... �....._".. ••... ...�.rr.r.•Y- �.�lw4rirrr... �w�wr.d•11F r+rW..r.lr�.�Mvtwi���.i�r.+. M1Mh..-..+w.r�ww�+.A.MM'�.r!I.....w«......+.......ws.r�..�.�.�....w�.�.. 1 .w..a.u..�w.+r_.w w..� ... 1 J_. I 1 t • 17. Ucensee utill fully payYor all materials jointed or affixed to said pr Sis, and will pay is full all per. ' sons who p.erfornt labor upon said ,premises, and will not permit or su jfe► any mechanics' l iens or rnaterialmtM's liens of any kinc! or nature to be enforced against said p;trn:ses for any work done or materials furnished thereon at Licensee's insturtce ar request. 13, If Licensee shallfail, neglect, or ►efust to keep, observe or perform any of the conditions, covenants and apterients herein contained, 04 Licensor may ter►ninale this agreement by writtei notice to the Licensee, and that Owreupon all ►;,hts hereby to shall forthwith cease and determine, 14. Anything to the contrary its this agreement notsciAstanding, tither party kereto shall have the right to terminate this agreement upon thirty (30) days' notice in writing, to the other, and upon the expiration of such police all rights cnd privileges hereby granted shall cease and determine. 15, Licensee will not construct, alter or repair structures of any character #pax the above-mentioned preen. ises u4thout the written coruent of the Licensor first had and obtained, except necessary emergency repairs. 16. la the event sueh written consent is given, Licensee will not commence any construction, alteration or , repair until fifteen (15) days after such ivriuen consent is gitten by Licensor. 17. In eus.s Licensor shall bring suit to compel performance of, or to recover,for breach of, any convenant, agrrement or condition herein written, Licensee shall and will pay to Licensor reasonable allorney fees in addition e to the amount of judgment a»d costs. i 18. It is expressly understood and agreed that the Licensee will at no time claim Me properly of Licensor, � nor any chart thereof, as dedicated to public use by reason of the use of such property for any of 174 purposes herein provided for or incidental thereto. i Y I � , 7 t t I i . t I t t i � s ' t I l s IN WITNESS WHEREOF, the parties hereto have caused these p-resents ter be executed in duplicate the day and year firs! herein written. I FArTF1C ELECTRIji I.WAF- PA IVY, President. ............ ...... .. ............................................................. (See Not#) Li cxs#e • ................ ............................... ............................... .... .......... NOTI.--Ir en Inrormrnted tonptn,°,stritwont thoutd ba ttrruted by&M I<uth,rfreJ oMOrr thrrrnr tr.-1 la rei Atrd en 1 zttrcti-d br Ito •ct.�t,krr- •y R t'21) h is agreed that in case the Company shall bring itch to compel performance nf, or to recover for breach Of, any covenant, agreement or condition herein twitten, Lessee shall and will pay to the Co.7tp+tny reasurt- able attorney fees in addition to the arnount of judgment and costs. (22) �GJCQ?tltpt#¢K: l7GCi1c►11tit .�0�7t1ktClYliF: p ' �paGlq�lQyttgt�.:t�easC'��ar,�n�t'4�a�ti�arc�a���zlt���ua�arrr.�t�u�r•,�.Prrr�k�d.f'rir:��acp� fl' � .C1GC?J � "JC� �1C. �Cai" dbl (23) It is agreed that tithe and specific performance are enr:h of the essence u f this lease. (24) The Lessee expressly agrees to inlemrtdly and save Company harmless front and ogainst any and all clainw, lass, damage., injury, death, and liability, howsoever same may be caused, whether through negligerwe of Company or othertrise, resulting direct[)- or indirectly front the occupancy by Lessee of the premises covered by this lease, except when arising frc.►tt fire caused solely by Company's negligence. Lessee also agrees to indem•rily and hold harmless Company from any loss, dunnage or liability ari.ino out of breach by Lessee of any of the obli• gations herein provided. Lessee agrees to carry public liability meet property damage insurance in such amounts and with such insurance company as mmy be sattilactary to Conthuny, insuring Company from and against any and all claims, loss, damage, injury, death or liability referred to in this Section.(2x), (25) Notwithstanding any ot,',er provision herein contained, it is expressly ugrecd and understood that in the event of condemnation for public use 'of the land herein described, or any portion thereof, lessee shall receive � compensation only for the takings and damaging of its improvements, and any other compensation shall be re- ceived by the Company regardless of how or to whom it may be atcarded. In this connection, it is understood that compensation to Company for land taken, ar elamagcd by reason of the severance thereof, shall not he reduced bj reason 'o f any atrard ►a Lessee. (26) It is expressly understood and agreed that the Lessee will at no tune claim the pro erty of the Com- prany, rear uwy pest tl ereof, ai dedi:»ted to pt:b ice uie by reason of the trte of such property'r any of the pur- poses herein provided for or incidental thereto. Sections (1) , k2) and herded, Sections (14) and (22) deleted, and i SeG;tions (27) to (40L inclusive, on the izisart hereto attached, are by- this reference made a pert of this leases, br mutual consent of the pasties hereto prior to e=cution hereof. I� i i •s This lease shall inure to the benefit of and be'binding rtporr the heirs,'adi-ninistrators, executors, successors �} and assigns of the parties hereto. a IN WITNESS ll'NERF:OF, e th parties hereto have caused this lease to be executed in der } duplicate, the da • and t p year first above written. ... PACIFIC ELECTRIC i AY COINIPAI\T a t:nn l�rr�a��a C. W .......... Lseeue:on AiPorLr4,d '. `' By.................. ......... .. . . C. W. ;Or'1jW rtA1111 Alt:Intl President ' t. CI X.aF J1V74T0. 44 .BUM............ ..... .. {Le;scej BY... ' . ..... ...... ayor Cite Clem: 1• V �' .• � .. ...r., t ,•'�.ryhalke.vlrvwr,Su :Yl.'.�`u .R!►T,+; 1��"��� •7fr •A ,rSt''�,'..' •q.;• • 'i•RT�.� d ram— i r i t �CTJd".r • 75 610 SOUTH MAIN 4TlRXZT. LOS ANCiELES. CALIFORNIA 90014 IN ntrty PLtA.;t nt►EA to i REAL ESTATE VEPARTMENT Huntington Beach.-City ol'-*9 W. W. MINER L. M.oBROWN ANAI1I� August 29 S 3.968 r A14191ANT OIVRIGT MAMA.IN V 1 r . i Mr,, Paul C. Jones � City Clerk � City of Huntington Beach Hungtington Beach, California. i f Deal, Mr. Tones : As r. equested. attached is copy of lease agreement Lind re7isions thereto between thn Southern Pacif le Company, Successor in interest by morger to Pacific Electr-se Rai .way (.1ompany ,and City of Huntington Beach, for use of Railroad ` p- operty at flue tington Beach for metered public auto parking. We wr-,Id Appreciate you arranging for pr=pt � payment of bill presented to you in w nnection with this leave for reimbursement of funds deductod by the City � beyond amortization date the cost of the parking motors. � Very tvUly yours, /4e ♦�/�y,� M rT Attach, u• it u If, • I + /1 3} 0 i1 A fir, 410 IOUTH !MAIM IWTREET, LOG AWA LE9 )4, CALIFORNIA . .,.,. . RVAI, Ca fArf DEPAHTMUO IOU111l:1111 bt'r1�i1Cr JU3.7 13o 1956 at Nurt.1.f'�,ton i VAr( !?U:M1t tr .rru.orr • �ft1►•Irf M►nplr AU0Vr "40. City of IfuntinSt,an 2-3ach Huntington Beach, Cali forrda. L C- A Stw Cen�tlemen; Attention: City Clerlr R:sterrjn to lf��eex b�t,aea, try Cit;� of Runtinuton 8. �ch cnd • Fa-iif'ic Electric t'.a;.Iway Cardanyr 6-itec AprU 203 '9503, cave:rin portion of ca.- prn-:.tsas at Hiintingtcr. *Eench ."a b,3 used for :ret,sred ptiblic ;,,rk— ing purpon-.sp and parti.cta&rly to ;oction .5 thereof .shish orovid,3s for r a minims charge of t%fenty—fivc: (250. cents for parUn;< Said lease provides in Soction 35 Vint : "It is Nrthsr aeve!,d that parki*)g charges as.sos:od under meters stlalt he a charge of not less than five canto per, .hour, with a mini uua charges of twan-►y-five (25g) Ceantso Th9 m is to advise you that We are agreeable to rmiai.ng :'action 35 to read: *It is further agreed tbat parF..ing chargen assessed under orators ohali be a charge of not 1,;ss tlkln Vivo cents per lanur." T.t,v above change is to be of-Cecwive ae of Aupot 11 1956, s. x •S t• phis a�ovision I�il1 t~1i�.3.r.aty thr� m:.r►i�u;:: chnr�;e cif` %�i�:ht,Y f�.,o nvnt.o sal callod for un:',ar .the ter- i of the leasm arft will pipit adjun';._ ind tho L-star€ tq receivc nicUev or dlrt,ea on t1ho f'irni, cfir, op. 111 ir, understood, of courN;oy Uint Pealfic Electric Railyiay GO-many reservar) thj x.ip i:, at� any t.imo during the t.rr. o'' tho lease, to r �t�3�;,; fr.� :..tnia�usn chargo of twelity-five cent..; ljy Furnishing itritton fluch rojnsf,ate— raont, t-.► t hs City of Ituntingyon Yanch. &eept ae other.-ilza hareir, providedp it is unJor>tood and Figmad that -A.1 the torms, co-ven:�Wi and conditions of a,3i.d laa5o shall. be 4:n�t rerwaln in full force and effect, I9 at 4%W • t City of Puntingtoct Faeets P:�E�nratin�;tsn �'. :,c�:�C't;• �f runt':•-;! : r. %�; c1:»% Pape ' Ju.iy ].�➢ ly>6 '' 1 i Fl eare aaknowladSa approval and accoptarce of the above br r aigntture of proper officials in «pnese provided below on duplicate copy of this letter, roturnina it to this office for our records. i • Very truly poural { r T. VAN DU3'i f• r� ti ITION APPROVERI - -- w 4—/L.4-1— 'A 4—_ City Clerk i a , a A e p • 1 S - .. _.. ..,. •r.*h*nu+!ifl,'4,!.'!'n;!"'`%.,,.r•,y'f!'►f': y rr�[f7'ai ���r'Nlv..r.." •.,1 "� / r . .PIMP ' ........ ..,,...,.ti 1 ,