HomeMy WebLinkAboutAT & SF Railway Company; 1953-10-16; 57016/A/B........... - ... .. . _. . . -
~"'"' SUPPLEMENTAL AGREEMENT, made as of this 3rd
day of October . f 19_J72 t between
THE ATGHISON_. TOPEKA AND SANTA FE
RAILWAY COMPANY, a Delaware corporation,
hereinafter referred to as "Santa Fe", and
- . - CITY OF CARLSBAD
hereinafter, whether one party or more, referred to as "Second
Party".
RECITALS:
Santa Fe and Second Party are now parties to a contract dated October 16,—1953 1
Santa Fe's Secretary's Contract No. 57016 j together with any and all modifications, sup-
plements and amendments thereto, being hereinafter referred to as "Original Contract", under
which Second Party pays Santa Fe a compensation of $ 1.7 . 74 per year for the use of
a portion of Santa Fe'property at or near-Carlsbad, San Diego County, California
as a site for parking automobiles.
•
The parties desire to modify the Original Contract as hereinafter provided.
AGREEMENT: .
It is mutually agreed that effective October 16., 1972
the compensation section of the Original Contract is hereby changed to read, as follows:
"Second Party shall pay to Santa Fe on or before the first day of each period of one year
during the continuance of this contract as compensation for the use of the Premises for
such period the sum of Seventeen and 74/100--- Dollars
(S 17.74 ). Santa Fe may revise the amount of snp-Vflnnual compensation
after the end of each five (5) year period during which this contract may remain in ef-
fect, and without affecting the right of either party hereto to terminate this contract at
any time as may be provided elsewhere herein."
It is also mutually agreed that Second Party shall reimburse Santa Fe
promptly upon receipt of statement therefor, for all general taxes which
are during the term of this contract levied upon or assessed against the
Premises, and in the event that such taxes are levied or assessed against
a larger parcel of which the Premises constitute only a part, such reim-
bursement by Second Party shall be in the amount of such tax equitably
or fairly apportionable to the Premises.
IN'WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement
in duplicate as of the day and year first above written.
THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY
Its: Snpertisor of Contracts
CITY JjF CARLSBAD
~
Its
(Second PartyX
Contract No. d
Return to
Secretary, The A. T. & S. F. Ry, Co. Tcpeka
Jn Reply Please kefer
to Fi
cc-K-45002
ATCHISON, TQPIJCA AHD SAKTA EE hAILHAT COiPAKI
/ t'
<V OFi-'ICE OF
A, K Johnson 1170 Weot Third
San Bernaraino.C&lifornia 92UO
•^h'jnc TU 4-2111
City of Carlsbad
Carlsbad,California Dececber 9^1^66-
Gentlemen:
Th» City of C-rlsbad has »ade an tssessceat for street lighting
iaaproveesnt as 6 result of the formation of Carlsbad Downtown Street Ligniinj
A»8aassv«nt District No, l»-196i\ ,a portion of such district inciting the land
under lease to you p«r contract, Secretary's Ho->_t ^703.6 -
It is trwrefo? necessary to inci-ease the rental in the aasunt, of
$17.74 oar annun^ effective January 9,
Kindly aelaiowledgjbr receipt in vh* space providad, on the copy oi'
i .,
this letter and return it to se for our records.
Receipt ackno*leuged t
Gitv of Carlsbad
Tom-., truly,
Form 161 6-B Standard
(Approved by General Solicitor)
Secretary's File No..
of Hanb
(Short Term)
ME ITCHISGN, fQPJSU £8D SJUffA I®
R^imi
TO
GITI OP
Site for.je§
, " l
Station.
...... . .................... Division.
In effect...0e.tob@r .16,,
EXPIRES ON THIRTY DAYS' NOTICE
Div. Supt's N
Chief Engineer's No.._
Hall 551 1M 3)18
Form 1 61 6-B Standard
< (Approved by General Solicitor)
LEASE OF LAND (Short Term)
" THIS LEASE, Made as of the .......... ...Ul$l. ...... ....................... day of .............. 5«^«P ......................... , 19.11......
^ .......... .....................................................a.._ ................................ jfelBMi. ............................................................................ corporation (hereinafter called ML«s80r")»
and GmjflMUBiw
(hereinafter, whether one party or more, called "Lessee").
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as
follows:
1. Lessor hereby leases to Lessee, subject to the rights and easements hereinafter excepted and reserved, and
upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at or near
_______ . ___________ .......... SO&itoA.; ............. .......... ... ....... , County of- ......... San|i«g»t .......................................... _ ............ >
State of .......... ...f**»*l!B9li* ........... . ................. . ........................ , outlined in red coloring on the print hereto attached,
No,fcr3~lStoj& ...... ...... '.I, dated ______ Me^J?*l?52S .......................................... ................................. . ................ ... ..... ,
marked; "Exhibit A." and mads a part hereof, for a term beginning on .................... 0$**$??!..?^* .................. , !&..?!.....,
and ending whea this lease shall be terminated as hereinafter provided.
2. Lessor hereby excepts and reserves th« right, to be exercised by Lessor and by any others who have, obtained
or may obtain permission or authority from Lessor so to do, (a) to operate, maintain, renew and relocate any and
all existing pipe, power, and communication linea and appurtenances and other facilities of like character upon, over
or under tike surface of the Premises; and (b) from time to time to construct, operate, maintain, renew aed relocate
such additional facilities of the same character as will not unreasonably interfere with the use of the Premises by
Lessee for the purpose specified in paragraph 6 hereof.
3. Lessee shaH pay to Lessor on or before the first day of each period of one year during the continuance of this
lease as rental for the use of the Premises for such period, a sum eqaal-4o six per cent (6%) of the fair rental value of
($ ...... . ________ ......... ..... .."37
Forthe purposes of-linsieiiBelhgfmrTCmital^ratee' of'tfae PremteeFat'ffierelfigetlve date hereof ig agreed to b:ev ____ . .....
_~IZIIII!IIIIIZ™™™^^
and the initial rental shall beJ^ Jg£Jh*£@&.* ~.^.*.~.-~.~.~.~~.~.~.~.~~.^.~,~.-~.~.~.....
... i.*?5...T..™.~..!!!t) per annum. Such fair rental value shall be increased
from tune to tune by the amount of any governmental charge or assessment (except general property taxes) payable
on account of or in respect to the Premises for the construction of public improvements.
4. Lessee covenants and warrants that Lessee either owns, or has obtained from the owner or owners thereof
the right to use, any improvements now on the Premises shown or described on said Exhibit A as "Lessee's Existing
Improvements." S«eh improvements, if any, together with any other improvements hereafter placed upon the
Premises by or for account of Lessee are hereinafter called "Improvements."
5. Lessee shall pay before the same become delinquent all taxes, charges, rates, and assessments which may,
during the term of this lease, be levied upon, or assessed against, or be equitably chargeable to or assessed in respect
of the Improvements; and where any such tax, rate, charge, or assessment may be embraced in the general amount
of taxes charged upon the Premises separately or in connection with other property of Lessor and Lessor shall pay
all of said taxes, then Lessee shall promptly repay or refund to Lessor the amount or part of the tax, charge, rate or
assessment equitably of fairly apportionable to the Improvements.
6. Lessee shall use the Premises exclusively as a site fo
7. Lessee shall keep and maintain the Premises and Improvements in such safe, sanitary, and sightly condition
as shall be satisfactory to Lessor, and, if required by Lessor, shall paint the Improvements with paints of a color
approved by Lessor; and if Lessee fails or refuses within fifteen (15) days after receipt of any request by Lessor so to
do, Lessor may, at its option, perform such work, and hi such event Lessee shall within thirty (30) days after the
rendition of bill therefor reimburse Lessor for the cost so incurred.
8. -In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon,
Lessee shall comply with any and all requirements imposed by federal or state statutes, or by ordinances, orders,
or regulations of any governmental body having jurisdiction thereover. In the event the Premises or Improve-
ments shall be used for the loading, unloading, storing, or otherwise handling of any petroleum products, Lessee
shall comply with all regulations and recommendations from time to time promulgated by the Bureau of Explosives
of the Association of American Railroads, or any successor agency. All artificial lighting hi pump houses, warehouses,
or other enclosures upon the Premises, where oil or other inflammable fluid supplies are handled or stored by Lessee,
except in unbroken original containers, shall be by electricity, and such electrical installation and any other electrical
installation upon the Premises shall at all times conform to and be maintained in accordance with the provisions of
the then current edition of the National Electrical Code with respect to Class I hazardous locations. Lessee shall
promptly pay and discharge any and all liens arising out of any construction, alteration or repair work done, or
suffered or permitted to be done, by Lessee on the Premises, and Lessor is hereby authorized to post any notices or
take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attach-
ment of any such liens to the Premises; provided, however, that failure of Lessor to take any such action shall not
relieve Lessee of any obligation or liability under this or any other paragraph hereof.
9. Lessee shall at all tunes keep a space of six (6) feet from the nearest rail of any railroad track entirely clear
of structures, material and obstructions of every sort and shall observe an overhead clearance of not less than twenty-
five (25) feet above the top of rail; but, nevertheless, Lessee may erect loading platforms which shall not be more than
three (3) feet and six (6) inches higher than the top of the rails, and which at no point shall be nearer than four (4)
feet to the nearest side of the head of the nearest rail of such track; provided, however, if by statute or order of com-
petent public authority different clearances shall be required, then Lessee shall strictly comply with such statute or
order.
10. Lessee agrees to indemnify and save harmless Lessor against all loss, damage or expense which Lessor
may sustain, incur or become liable for, including loss of or damage to property or injury to or death of persons
and fines or penalties imposed upon or assessed against Lessor, arising in any manner out of (a) the use of the Premises
or Improvements by Lessee, (b) any breach by Lessee of the terms, covenants or conditions in this instrument con-
tained, or (c) the sole or contributing acts or omissions of Lessee or the employes, agents, patrons or invitees of Lessee
in, on or about the Premises or Improvements, except that if Lessor shall participate in any such contributing acts
or omissions, then the loss, damage or expense arising therefrom shall be borne by the parties hereto equally.
11. Neither Lessee, nor the heirs, legal representatives, successors or assigns of Lessee, nor any subsequent
assignee, shall underlease or sublet the Premises or the Improvements, or any part thereof, nor assign or transfer
this lease or any interest herein, without the written consent and approval in each instance of Lessor.
12. In case of the eviction of Lessee by anyone owning or claiming title to or any interest in the Premises,
Lessor shall not be liable to Lessee for any damage of any nature whatsoever, or to refund any rental paid hereunder,
except the proportionate part of any rental paid in advance.
13. If any rental hereunder shall be due and unpaid, or if default shall be made hi any of the covenants or agree-
ments of Lessee herein contained, or in case of any assignment or transfer of this lease by operation of law, Lessor
may, at its option, terminate this lease by serving five (5) days' notice hi writing upon Lessee; but any waiver by
Lessor of any default or defaults shall not constitute a waiver of the right to terminate this lease for any subsequent
default or defaults.
14. This lease may be terminated at any tune by either party by serving thirty (30) days' written notice of
termination upon the other party, stating therein the date that such termination shall take place, and upon the ex-
piration of the time specified hi such notice this lease and all rights of Lessee hereunder shall absolutely cease and
determine; but upon any such termination Lessee shall be entitled to have refunded by Lessor a proportionate part
of any rentals paid hi advance.
15. Any notice to be given by Lessor to Lessee hereunder shall be deemed to be properly served if the same be
delivered to Lessee, or if left with any of the agents, servants or employes of Lessee, or if posted on the Premises, or
if deposited hi the Post Office, postpaid, addressed to Lessee at. £&pl*bady--€&24-£or-Il>lav
16. Upon the termination of this lease in any manner herein provided, Lessee shall forthwith surrender to Lessor
the possession of the Premises and shall remove the Improvements and restore the Premises to substantially the
state hi which they were prior to the construction of the Improvements, and hi case Lessee shall fail within thirty (30)
days after the date of such termination to make such removal or restoration, then Lessor may, at its election to be
exercised within thirty (30) days thereafter, either remove the Improvements and restore the Premises for the account
of Lessee, and ia such event Lessee shall within thirty (30) days after the rendition of bill therefor reimburse Lessor
for the cost so incurred, or may take and hold the Improvements as its sole property.
17. If Lessee fails to surrender to Lessor the Premises, upon any termination of this lease, all the liabilities
and obligations of Lessee hereunder shall continue in effect until the Premises are surrendered; and no termination
hereof shall release Lessee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting
from any acts, omissions or events happening prior to the date of termination or the date, if later, when the Improve-
ments are removed and the Premises restored or Lessor elects to take and hold the Improvements as its sole property
as hereinabove in paragraph 16 provided.
18. In the event that Lessee consists of two or more parties, all the covenants and agreements of Lessee herein
contained shall be the joint and several covenants and agreements of such parties.
19. All the covenants and agreements of Lessee herein contained shall be binding upon the heirs, legal repre-
sentatives, successors and assigns of Lessee, and shall inure to the benefit of the successors and assigns of Lessor.
IN WITNESS WHEREOF, This lease has been duly executed in duplicate by the parties hereto as of the day
and year first above written.
Approved as to description:By.™..
Its
Chief Engineer.
CITX <$? C iHLSBAD
c
/A4-|.nAU vtm*«4- ltsv*s\•
£ EXHIBIT "J
ATTAOTED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
OF
SAN BERNARDINO, CALIF.
OCT a,, 7553
DESCRIPTION CORRECT
DIVISION ENGINEER
SCALE: 1 IN. TO IOO FT.
/O"•3<
18" -Storm Drain-
com m-
WASHINGTON
/o 60 /eo-sec/ shouun ouf//nGd r<sd.
A/o/oe
IMPROVEMENTS
Oa/tf.DIVISION ENGINEER'S DRAWING NO. L-3-IS6IG