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HomeMy WebLinkAboutAT & SF Railway Company; 1962-12-31; 68228Form 1616-B Standard (Approved by General Solicitor) Secretary's File No...J£ Jll^ %ea*e of Hanb (Short Term) THE ATCKISON,TOPMA AI© SAHTA FE RAILWAY TO CITI OF Site for.paru Station. Division. In effect __________________ Stfifiafe«P...B. _____________ , 19J?2.. EXPIRES ON THIRTY DAYS' NOTICE. Div. Supt's No ----- Chief Engineer's No — Hall 6 61 1M 5596 Form 1616-B Standard (Approved by General Solicitor) LEASE OF LAND (Short Term) THIS LEASE, Made as of the ±i!T. day of !?£?*?. , 19..6.? , THE ATCHISON.TQPEKA AND SANTA FE RAILWAY COJffANYbetween *. a corporation (hereinafter called "Lessor"), CITY OF CARLSBADand (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 ... ..... ............................................................ .County of ...... .................................................................. , State of ............................................................................................ , outlined in red coloring on the print hereto attached, marked "Exhibit A" and made a part hereof, for a term beginning on .................. P.®.?.????!1 .31 ................... ? 19....r?...., and ending when this lease shall be terminated as hereinafter provided. 2. Lessor hereby excepts and reserves the 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 lines and appurtenances and other facilities of like character upon, over or under the surface of the Premises; and (b) from time to time to construct, operate, maintain, renew and 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 shall 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- the -Premises, -but not less than.....:... :...... —..:..:... ......... .......... — :.™......-::...::;:.;_:.:.::....v.;..:™^ For the purposes of this lease the fair rental value of the Premises at the effective date hereefis-agreed to be.——— . __..__.._..«..__ ]_ 00Dollars ($ * ) per annum. Sueb fair i=eatal-vftluc ohall be increased trom^ime to time by the amount of any goveramental charge or-assessmeat (^xcept-geaeral property taxes) payable on account efer-m-respect to the Premises-fog the eoasteuctioaof-publicamproveiaeuts. 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." Such 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 d@linqueut.All taxes, charges, rates, and assessments which may, during the term of this lease, be levied upon, or .assessed againstj or be equitably chargeable to or assessed in respect of the Improvements; and where any suctutax, ,ratyev.ohargp>? 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 or fairly apportionable to the Improvements. 6. Lessee shall use the Premises exclusively as a site 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 in 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 respecfcto the Premises that isgor may be permitted by law to prevent the attach- ment of any such liens to the Premises; provided, however, thatJailure 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 times keep a space of six (6) feet from the nearast 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- tamed, 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 in 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 in 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 time 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 tune specified in 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 in 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 in the Post Office, postpaid, addressed to Lessee at _...$*** ?^J..J?.^M®??**§. 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 in which they were prior to the construction of the Improvements, and in 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 hi 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. (Lessor) Approved as to description:By Its. ____General Manager Chief Engineer. .8.1 _________ (Attach print here.) Its ............................. (Lessee) THE Q EXHIBIT *kA" O ATTACHED TO CONTRACT BETWEEN ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND ^^ \ ~r~ \/ *^cr l1 /\ n \ d o. A r\v^\ \ X LJr v-- A-\v< l_o O/\U SAN BERNARDINO. CALIF. DESCRIPTION CORRECT - 7 200 Co-— l-^..— o - • •• To ES \b. . FUV.LE1 COM01DC 1 Zl DECEMe>ERiA(\s6a ] ^VA/ p n KI c> n Y So' SO UJ >. DIVISION ^%^ SCALE: 1 IN. TO IOO FT. "\/ ENGINEEF LJ X 1 ? " o\C0s ~T"O 1 . m 0^ Jcv) (0 1 cu Z tX °--=^Q^"^" ^ Ui-U- ' 4 — — — — —__|— }TOU I 4)CT. UEXT AT CAS »— ^J— — D <^ _ r • • it 15 \if il \1 U \0 9 5 1 «, 5 *V 3 £. ( C\J CO J I 1 4 S, 1&" STOflM O^AsiM SEC.Y'5 * JA-9Z-4* r\ r — - "•*- t ' ev' EXI3TIMG, V-EASe TO C.\TY OF CAvSUSaAO SECV'5 *5TO\fe a,';'' V""*~ IS°' /^i *'S^'xWoocrfr>ahalc. fcicic, -^1 • ^*^~^*^ :i — ^U-OOCK "^y — ^i^- ^ ^Q:-/ S • ^ • ivi' •*•*) . ~ -/ ^-r^ol^ 5 „. : *A+-:. c,RA,vet o«ivevvAY E^^ s ^ LiiJ^UC=========: Lfi.A*e se.cr^ »fef3ife i^.g A: — •— ; — r — - . . -r- .k^^iiiiiv^---iit /|TU p '^t;.' ' >1 — t / ^p— ^ 3 « • - l^5AH 016&O C>^5 t Euet-TR^C POUJER XM\IS SEtYS^S^ZZV _^ Aoo' __ WAS^KiGTON ST. or c5 1 1 -o — o Ni(\T POU — o— • 2 _J UJ TO /^* P O(*J ^L W, \-ltSG f 0 | aoo * 8 ONAL CITY <ME*Tn T u<o Q_ ir. O(0 W DESC.RIPT\OM TWO PARCELS OF LASHO UE/\S>E.O coKiTA\Ki\M<i 49 SfeO -SQ. FT. SHOWM OOTHMED RE O . LEASES 'S EXl^TmG IMPROVEMENTS : AS 5V-IOWK. 05COuSTY /CAUPORKHA D!V!S!ON ENGINEER'S DRAWING NO. L-3- £558^ J.L SUPPLEMENTAL AGREEMENT, made as of this 3rd i day of October > 19 72 > between '; THE ATCHISON, TOPEKA AND SANTA F£ 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 Ha.rch 15 f—19 v3 , Santa Fe's Secretary's Contract No. 68228 _, 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 ? S8.JL2 per year for the use of a portion of Santa Fe property at or near—Carls bad, San Diego County, California as a site for office building. The parties desire to modify the Original Contract as hereinafter provided. --•-••-- • .-..„-.-_.-- _~—.'.-- «'. AGREEMENT: ! It is mutually agreed that effective December 31, 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. during the continuance of this contract as compensation for the use of the Premises for such period the sum of Eighty Sight and 72/1QQ Dollars (S 88,72 ). Santa Fe may revise the amount of such annual 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 ATCHTSnH, TOPEKA AND SANTA FE RAILWAY COMPANY Supervisor of Contracts CITY OF CARLSBAD ! (Second Partyf L..... - . _ ._ KNOT AIL MEN BY THESE PRESENTS* That the undersigned dees hereby donate and transfer over to the City of Carlsbad, a Municipal corporation of the State of California , all of its right, title and interest in and to those certain depot facilities upon the station grounds of the undersigned at Carlsbad, San Diego County, California, more particularly described as follows t That certain one story frame 2U feet by 6k foot build- ing known as Carlsbad Depot, together with the utility lines appurtenant thereto, vith l€t*6 square feet of wood platform being 10 feet wide by approdjnately 105 feet la average length attached to the northwesterly end of said depot, in the City of Carlsbad, County of San Diego, State of California, situate and being en The Atchison, Tepeka and Santa Fe Railway Company's station grounds, north of said Railway Company's main tracks between ZLm Avenue and Grand Avenue* By this document the undersigned does not transfer or convey any Interest in the land underlying said building. The undersigned Bakes no representations or warranties as to the character, state of repair, or usefulness of the subject Matter of this conveyance for any purpose whatsoever. IN WITHBSS WHEREOF, the undersigned has duly executed this conveyance this /^~«*- day of AW*^ , 1963. THE ATCHISON, TCPEKA AMD SAHTA FB RAHHATCCWPAHT Its General Manager CITY CF Minutes of: CITY COUNCIL (ftegular meeting) Date of Meeting: May 21. 1983 Time of Meeting: 7:00 P. M. Place of Meeting^ Council .CJiambers_ flOLL CALL was answered by Councilmen McPherson, Bierce, Guevara and Neiswender. Councilman Hughes was present at 7:10 P. M. Also present were City Clerk Price, City Manager Slater and City Attorney Wilson. ALLEGIANCE to the Flag was given. INVCCATION was offered by City Manager Slatec APPHCVAL CF MINUTES; (a) Minutes of the regular meeting of May 7, 1962. were approved as corrected. Donation of Santa Fe Depot and lease of surrounding areas !V)Tv*A. ^^~ T~A~W •* *» **. v* C * * «»«^^ «• * w** **. v* ~1 f^ w» ^ ^h £ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^Mr. A. K. Johnson, superintendent 01 the A. f. & S. F. j-lailroad Co.. was present and stated he wished to presen two documents, one of which was a gift of the depot build- ing to the City of Carlsbad, and one of which is a lease of the property on which the depot is located and the property across- the tracks where the park area is located If the lease meets with the approval of the City, Mr. Johnson asked that the document be executed and returned as soon as possible. By motion of the Council the Mayor was authorized to execute the lease on behalf of the City of Carlsbad, pro- viding the contents of the lease meets with the approval of the City Attorney. Mayor Guevara thanked Mr. Johnson on behalf of the citizens of Carlsbad. CCaaBSPCNDENCE: (a) G. L. Bradley - re; Request to purchase City owned Sroperty. Letter dated May 16, 19S3, from Mr. and Mrs ordon L. Bradley. 1116 Euena Vista Way, requesting that the City Council consider this letter as a petition to purchase City owned property described on the attached plat, which property lies between the easterly boundary of Lot 20, Block 13, Sunnyslope Track flesubdivision, and 101 Freeway. . | By common consent it was agreed that this matter be ! referred to the staff for their study and report back to { the Council at the next regular meeting.•» } Cmn. Hughes was present at 7:10 P, M.• .-..-. COMMUNICATIONS; V-N.'V N 82\\\ of Member '«? -& McFherson Bierce Guevara Neiswender* McPherson Eierce Guevara Neiswender x x! 5 ^ *