HomeMy WebLinkAboutAT & SF Railway; 1963-03-15; 68228Contract No.
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Secretary. The A. T.&S.F.Ry. Co. Topeka
- '
dSlsta Fe Origin *i '
SUPPLEMENTAL AGREEMENT, made as of this 3rd
day of October , 19.72 between
THE ATCHISON. 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
March 15. 1963Santa Fe and Second Party are now parties to a contract dated
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 S 88. 72 per year for the use of
a portion of Santa Fe property at or ™~T Carlsbad. 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 year
during the continuance of this contract as compensation for the use of the Premises for
such period the sum of Eighty Eight and 72/100 --- Dollars
($ 88. 72 )t 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 ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY
Tta ftqpertfaor of f>n»-i..f«
CITY OF CARLSBAD
COPY (Second
•r
Mall « 44 1M i«45 • -. Form 1 736 SUndard j
(Approved by Q«n«ral Solicitor) I "Ulurn If
CONSENT TO SUBLEA *£$«**«), In. A. I. ftS. f. Rf. Co. low*
No..
THIS AGREEMENT, Made this __________________________ 2nd. .......................... day of.... ..................... April .......... , 19.79. ...... ,
a .......... — Dfilawara ............................................................. corporation (hereinafter called "Lessor") ;
CITT OF CARLSBAD
(hereinafter, whether one party or more, called "Lessee") and
CARLSBAD CHAMBER OF COC-ERCE B *~ "%»•
. ^j> T
(hereinafter, whether one party or more, called "Sublessee").
WITNESSETH:
WHEREAS, Lessor and Lessee are now parties to a contract dated•••
Lessor's Secretary's Contract No....;?::.?....?. ------------------------- , relating to the use by Lessee of a portion of Lessor's
property (hereinafter called "Premises") at..J3arlabad .............. ____________________ , County"of_JSaxi.J3lie5Q. _______ ............... ,
State of ___________ C.ali&jmia. _____________ ........ , which contract, together with any and all modifications, supplements
and amendments thereto, whether or not referred to above, is hereinafter called "Original Contract"; and
WHEREAS, Lessee has agrted to permit Sublessee to use exclusively for the purpose of — 4. ....................................
all or a portion of the Premises and/or improvements thereon, such agreement, however, being subject to the con-
sent of Lessor as required by the Original Contract; and. . -.•>...._... ^ ..._..-
WHEREAS, Lessor is willing to give such consent upon the terms and conditions hereinafter set forth, which
have been agreed to by Lessee and Sublessee;
NOW, THEREFORE, the parties hereto, for the considerations herein expressed, agree as follows:
Section 1. Lessor hereby consents to the granting by Lessee to Sublessee of the right to use all or a portion
of the Premises and improvements located thereon for the sole purpose set forth in the foregoing recitals.
Section 2. Lessee agrees (a) promptly to pay and discharge, or cause to be paid and discharged, all liens aris-
ing out of any construction, alteration or repair work done, or suffered or permitted to be done, by it or by Sub-
lessee on the Premises, and if Lessee fails so to do, Lessor, at its option, may terminate the Original Contract by serv-
ing five (5) days' notice, in writing, upon Lessee; (b) to indemnify and save harmless Lessor from and against all loss,
damage or expense paid by Lessor on account of any such liens; and (c) that Lessor is hereby authorized to post any
notices or take any other action upon or with respect to such property that is, or may be, permitted by law to prevent
the attachment thereto of any such liens, but that neither failure of Lessor to take any such action nor any termina-
tion of the Original Contract for failure to pay and discharge any such liens as above provided shall relieve Lessee
from the obligation of indemnity in Clause (b) above in this section hereof set forth.
Section 3. Nothing herein contained shall release or relieve Lessee from any obligation under the Original
Contract, but Lessee shall be and remain as fully responsible to Lessor for the acts and omissions of Sublessee as if
such acts and omissions were the acts and omissions of Lessee.
Section 4. Sublessee hereby agrees to observe and be bound by all of the covenants, terms and conditions of
the Original Contract and this agreement so far as the same apply to the use and occupancy of the Premises and im-
provements thereon by Sublessee.
Section 5. This agreement may be terminated at any time upon thirty (30) days' written notice given by any
party to the other parties hereto and, in any event, shall ipso facto terminate upon the termination of the Original
Contract, and upon any termination, Sublessee shall vacate and cease to use the Premises and improvements thereon.
Section 6. Any notice to be given by Lessor to Lessee or Sublessee hereunder, or under the Original Contract,
shall be deemed to be properly served if the same be delivered to Lessee or Sublessee, or if left with any of the agents,
servants or employes of Lessee or Sublessee or if posted on the Premises, or if deposited in the Post Office, postpaid,
addressed to Lessee at....3^QQ..Slm..5t.r.esl»..C.arIshad»Ca1 i fnmla
and to Sublessee atP.O*BQXj9.7jL..Q.^.l8b^^..C.«aifPjnia..9^QQa
Section 7. In the event either Lessee or Sublessee, or both, consist of two or more parties, all the covenants
and agreements herein shall be the joint and several covenants and agreements of such parties.
This agreement shall be effective as of .Kay...l5. , 19...7.Q.
IN WITNESS WHEREOF, this agreement has been duly executed, in triplicate, by the parties hereto as of the
day and year first above written.
_____ ........ ...(Lessor)
D£bv^<!PJIONAPPROVED:
C.L.Tts Aj;:t-!;r.t to CLT.c:[-:Jv7anager
1 ^~T " 7 " "" (Lessee)
4
Approved:
Suoarintendent
Supt.File No.F-44201
Vi\
"io
(Sublessee) y~-
. 1
F\\e. Mo F- 4-4-2.O\
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THI-: ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
C\TY or CARLSBAD
SAN BERNARDINO. CALIF.
DECtM^ER \4- , 1962.
Ow 3O I
UJ
DESCRIPTION CORRECT
J. W COMROY
DIVISION ENGINEER
SCALE: 1 IN. TO IOO FT.40 40
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WASHINGTON!
DESCRIPTIOM
TWO PARCEUS OF UA.MO LEA&ED CONT/MNING.
. FT. SHOWM OOTU\MED A5O.
5 ExiSTlMG IMPROVEMENTS: AS SMOwN.
5AM DlV1SION ^NG.NEER'S DRAWING NO.
•J L V\ r
IN WITNESS W3BREQF, 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:
4
(Attach print here.)
4—'•^Its Mayor
Deputy
s_..City..Clerk..
A, K, Johnson
Suparlntenaont
.a.
THE ATCHISOM, TCFXA AUD SAfcTA FE HAlLHAT~CCliftOn:
OFFICE Of SU.«OHTENDLIiT
1170 West Thirtf Street
Sad Beroardiiio,C*lifornia 92UO ( F-U201
?h«jm: TU 4-2111
Jn Reply
to Fiiirrs \
Kef«r
City of Carlsbad
Carlsbad ^California
Gentlemen: ;\
The City of C--rlsbad has aside an aasasasent fo? street lighting
iaproveccnt as & result of the formation of Carlsbad Downtown Street Lighting
Aanaocawnt District No.V-19&i\.,a portion of such district including the land
unaer lease to you por contract, Secretary's NT^ 68228
It ia therefor necessary to inci«ase the rental in the amount of
$ftft-7E ber anniati, efl'ective Jar.uary 9,1967.
Kindly Ackncwleogjy receipt in th« space provided on the copy oi'
this letter and return it to ee for our records.
Receipt acknowledged:
of,
Its
-i/ truly,
COPY
Santa Fc Original
50PY
LEASE OF LAND (Short Term)
Contract Secy's No.B£~
SANTA FE ROUTE
Weat °f Albu« wue
THIS LEASE, Made as of the ________________ .15th _________________ ........ day of. ________________ .*!?£<* _____________________ , 19..$?......,
B..ATfiMS(W^^ ......................................... ____ .............. r_
a .......................... Kao.saj?. ....................................................................................... corporation (hereinafter called "Lessor"),
CITY.OF..CARLSBAD ....................................................................................................................................................
(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
______ Carlsbad ...................................... _ ....... . ___________ , County of. ____ .§!t?...P.^° _____________________________________________________________ ,
State of ...... .§.%!.4.?9£9.i* ............................................................. , outlined in red coloring on the print hereto attached,
NO...L-2-25582 ................ f dateA ____ De.CBfflber...U^.962. _________ .......... . ......................................................................... ,
marked "Exhibit A" and made a part hereof, for a term beginning on_ ................ .P.ec.f mber..^.. --------------- f 19....6?.._,
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 hi 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-eam equal to Dix-per-ceai-(6%) of the fair rental value of
cfafi lTBIIilKMS; Mllf. llll{. fffSiq t-nfl-U ___________ _____________ L j --------------------------------------------- IjOllfl.rg (j— - ----------------------------- }-
For the purposerof-this-leasethe fair rental value-of-the-Premises at-the-effeotive-date-bereof is agreed to be.u......».
:... „-„ . _.._:.: : ;.:..DoHars (S. . ),
and tho initial rental ohalUe_J&eJgan..O.€..0^^ —
..Dollars ($._.?: «P9l _______ . ______ ) per Annum, Such-fair-rental-value shall be i
from-timetcrtime by the amount of -any-governmental-charge or aaaesemeoHexoepfr-general property taxes) payable
on Account-of or-in respect-to- the PremiBee^or-the conetruction-of-publio-improvemeQtST-
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 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 or fairly apportionable to the Improvements.
6. Lessee shall use the Premises exclusively as a site for._QfJf ^i.Cft..l}tt^.4^..M4j?emprial..p.ark -------
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.
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.
State of.. ____ ,Q*iLi?9]r.9i5 __________________________________________________________ , outlined in red coloring on the print hereto attached,
No..Jb2=25582 ............... f dated _____ ItaemtaxulAjiLS&L ............................................................................................ „„,
marked "Exhibit A" and made a part hereof, for a term beginning on_ ................ December.. Jl ------------------ 1 19....6?...,
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-«aa-equnl to oix-per-cent (6%) of tbe-fair rontol va4ue-of
the Premises, but not less than --------- : ---------------------- . ------------- - ----------------- ............ -Dolhub (8 ................................ ).
For the purposes- of -this lease the fairrental value of-the-Premise»at-the-effective-dat6-hereof is agreed to be.- ....... ..
....... ........................................ :..-r.r.::r7r^— - ______________________ ~.r. _________ _____________________________ DoHars (8 ................................ ),
.~...T:..~...~.j:...r...T._.T...~..~ ..".."...Dollars ($._.i«PQ. _______________ ) per annum. Such fair- rental-value shall be increased
from time -to time by the amount of any-governmentat charge or- aaeessmeat-Cexceptrgeneral-property taxes) payable
on account of or in respect to the Premises- for-the construction of public improvementar-
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 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 or fairly apportionable to the Improvements.
6. Lessee shall use the Premises exclusively as a site for.jOf^ice...bjAUd.^£..and.jaemori^..p.ark. _________
7. Lessee shall keep and maintain the Premises and Improvements hi 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 euch 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 in 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 ia 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 times 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 ihall be required., then Lessee shall striqtly 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 employeSj 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
pr omissions, then the loss, damage or expense arising therefrom shall be borne by the parties hereto equally.
11. Neither Lessee, nor the heira, 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. Thfc 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 time 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._. Carlabad^..CalifPT.nla.
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 in 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.