HomeMy WebLinkAboutRobert E. Wright, Vendor, Agreement, dated 7/5/1921, to Buil AGR2R19ENT.
THIS AG + +'�:,L(PNT made this day of July, 1921, by and
between the CITY OF HUI[TI1GTON BENCH, a municipal corporation of
the County of Orange, State of .California, party of the first part
and party of the second part,
ITNESSE TH:
That the party of the first part, in cons 'deration of the
faithful performance by the party of the second part, of all his
covenents and agreements herein contained, hereby -permits said
party of the second part to construct, maintain and operate upon
the property hereinafter described, a number of small rooden free
composition board cottages upon Block Five hundred and Five (505) .
of the Main Street Section of the City of Huntington Beach, as per
Map thereof, recorded in Book 3, Page 43 of'Hiscellaneous lxalaps,
records of .Orange County, .California, which said cottages and ap-
purtenances shall be located upon said block in accordance ,,ith the
Yap hereto attached.
This agreement is made upon the following terms and condit-
ions :
1. Party of the second- part. hereby acklowledges the title
of the party of the first part in and to the prerises hereinabove
described, rind agrees never to as =ail or resist. said title.
2. As and for use of said premises, party of the second
wart shall pay to the party of the first part, the sum of
-
as rental, per year (or fractional part of a year in the event of
termination as hereinafter provided) , fo,r each and every tent or
building constructed on said premises.
3. Party of the second part agrees to indemnify and save
harmless party of the first .part against any and all harm, damage,
cost and expense which first party may sustain or bear or to which
first party may be drat, resulting directly or indirectly from
the location of said structures upon the said premises herein
before described.
4. Party of the second part agrees to at all times keep
said premises in a clean, sanitary and wholesome condition and
not to allow nor permit any rubbish, trash, garbage or filth to
accumulate on said premises or any part thereof.
5. Upon revocation of the privilege coat-:fined 'herein, or
upon termination of this agreement, as hereinafter provided, the
party of the second _Dart shall at his own cost and expense, im-
mediately remove all tents and bungalows from said premises and
restore said premises whereon said structures. are placed, as near-
ly as possible, to the same condition as the a(:'.joining land is
at tliattime.
6. should the first part at any time require the removal,
reconstruction, alteration or any changes in the location of any
of the said structures, the second party shall at his own cost and
expense, immediately re;aove, reconstruct, and alter or mace changes
on the said structures, upon notice so to do from the first party.
7. This permit is personal to the second party and in case
he shall attempt to assign or transfer the same in whole or in part•
without the p evious written consent of the first party, this permit
shall terminate and end.
8. In the event the second party shall. abandon any structures
placed on said premises ay him, or ,hall fail to keep, observe or
per'orm any covenant on his part herein contained, all rigrts here-
by given shall forthwith cease and determine and second party .lay
thereupon remove said structures from ;paid, -1 rernises. Should the
second party in .such event fail, neglect or reuse to remove said
structures and so restore ,said pre_;lisos, such removal and, restoration
; ay be performed by the fir; party, at +he expense of the second
party, F' 11C11 expense second party agrees to pay upon deyaaid, or at
its option the first party may take possession of said premises and
all structures and a-o—.rtenances thereon, in which event all such
structures and appurtenances shall be deemed to be fixtures to
the land.
9. Party of the second part small not have the right to
re-move any of said structures and appurtenances or any Furniture,
aup-Plies or materials in said structures, unless all bills for
lr;lbor or ;.aterial or labor and rn.aterial done and y)erfCrmed upon
said premises shall have been fully paid and satisfied and party
of the second part agrees to hold party of the first part harm-' ess
from any and all liens or any kind and nature which may be place-,-
against said property for materials furnished and labors nerFormed
during the time party of the second iDart is in possess .on of s. id
premises.
10. In case the party of the first part shall brin;; suit
to compel per_'o inance of or to recover for any breach of any cove-
nent, agree_ient, or condition herein, contained, the second party
shall end wi11 pay to party of the first part, reasonable attor_leyf s
fees in addition to the amount of judgment ar.d costs.
11. This a,_reement may be terminated by either party at any
time and or by the removal of the structures.
12. It is understood and agrees that party of the second
;,part intends to sublet said structures ,to other parties as living
quarters and second party agrees that..hhe will keep said premises
and said structures in good order an,d- repait and tlat se :!i11 co. .-
ply at his own expo:ase writh all demands made upon him bythe health
officer of the City of 17juntinGton Beach or by the 3oard of Trustees
of said City, pertaining to the rianagement, control, care and sani-
tation of said premises.
13. It is :further agreed that anything- herein contained
to the contrary nothy=rithstandinL that upon the tei, ination of the
permit, the ;party of the second part will not remove from .said -orem-
ises, the toilets erected on said premises •:without the con-sent of
the first party first had end obtained in waiting.
. _3,
14. That ;,,arty n-f i e second part -jlill in all -,-.-.,atters
ornip- orE"
and tllingrs not violate aaay la7.7s of the State of Cal-L
of tree City of Huntir",ton
III `.frjny-pss 7,!H--PPE40F, the -parties hereto set their I-pulds
and seals.
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