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HomeMy WebLinkAboutAT & SF Railway; 1976-05-25; 150082Santa Fe The Atchlson, Topeka and Santa Fe Railway Company A Sjnu Fo Inauslnes Company Contract tk_J=5Q082_D_ RETURN TO Sectary, 7ho A.T. & S.F. ?.". CO. Topeta Santa Fo Pl«a. 5200 Eajl SneiU Street. Lo» Angeiej Calilorn.j 90040 213/267-5228 Jon* 27, 1985 Pile: 11003803-22 City of Carlsbad 1200 Bin Avenue Carlsbad, CA 92008 Re; Railway Coapany Secretary** Contract So* 150082, covering City of Carlsba'd's use of our prop«rty, at Carlsbad, California, as a site for City eaploye parkin? purpoaesj Rental Anniversary Date June 1, 15S5 Gentlemen: Oar present agreement, as specified above, provides for rental revisions at three-year intervals. Considering the ever increasing cost of doing business, and in order that we Bight keep abreast of the changing valo« of aoney, we are initiating a program of revising rentals annually, based upon the fluctuation that has occurred in the U.S. Labor Department** Co»sua«r Price Index (CPX) during the Boat recent 12-noatb period for which index figares have been released preceding the wonth in which rental is due. Attached is a copy of the provisions for the rental adjustments. Language in the provisions will be adapted to specific agreement*. Oar present three-year rental revision has resulted in *c*e substantial Increase*, primarily because of the relative infreqaency of rental review. Through oar newly adopted prograa of revising rentals annually ia accordance with change* in the CPX you, a* well as we* will be assured of a fair rental on a relatively current basis. A* will be noted fee* the attachment, if the index fluctuation calls for increase, rental shall be eo increased, but a new rental shall not be lesa thaa tia then currant rental. Coupled with rental revisions based on CPI fluctuation** we will also* at acre lengthy intervals, determine the fair market rental basis foe the preaises covered by our agreecent. In the event the current CPX should cease to be published* we will then select another index that will serve in the place and stead of the CPX. The next rental bill you receive will reflect a rental of Seven Bundred eighty and Mo/100 Dollars ($780.00) per aonth. Subsequent bills will reflect the adjustments discussed above, although we will, from time to tine, determine current fair market rental basis for the premises and adjust rental baaed upon that deteraination. Currently, we propose to do this at five-year intervals. City of Carlsbad June 27, 1985 Page Two SEF 2 3 1985 Fil«: 11003*03-22 We trust you understand the faicneac of our n«v rental progran. This notice io being forwarded in duplicate/ and we shall appreciate return of one copy indicating your acknowledgement in th« space provided below. If you should fail to return such acknowledgeaent, your continued occupancy of the premises beyond the date the rental la <3u« will confira that you elect to continue on the site under the revised rental program. We suggest you file thia notica with your copy of the abov« agreement. Ycur cooperation in this natter ia appreciated. Very truly yours, Q. W. "orpin. General Manager EV &.& 2>A^ W. D. Bentley, M/noger Real Estate and Contracts THE ABOVE NOTICE IS ACKNOWLEDGED: CITY OF CARWBAD By Its bcc: Messrs.D. D. Schirmer, Topeka (Attn: D. James) :H. W. Snyder, Topeka (Manual signature required) J. R. Merritt, San Bernardino (W-44036) J. E. Millard, Los Angeles General Manager's Contract No. 150082 f nf f nf nf CL36b/80285dH Santa Fe The Atchison, Topeka and Santa Fe Railway Company • A Santa Fe Industries Company One Santa Fe Plaza, 5200 East Sheila Street, Los Angeles, California 90040 213/267-5228 June 27, 1985 File: 11003803-22 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Railway Company Secretary's Contract No. 150082, covering City of Carlsbad's use of our property, at Carlsbad, California, as a site for City employe parking purposes; Rental Anniversary Date June 1, 1985 Gentlemen: Our present agreement, as specified above, provides for rental revisions at three-year intervals. Considering the ever increasing cost of doing business, and in order that we might keep abreast of the changing value of money, we are initiating a program of revising rentals annually, based upon the fluctuation that has occurred in the U.S. Labor Department's Consumer Price Index (CPI) during the most recent 12-month period for which index figures have been released preceding the month in which rental is due. Attached is a copy of the provisions for the rental adjustments. Language in the provisions will be adapted to specific agreements. Our present three-year rental revision has resulted in some substantial increases, primarily because of the relative infrequency of rental review. Through our newly adopted program of revising rentals annually in accordance with changes in the CPI you, as well as we, will be assured of a fair rental on a relatively current basis. As will be noted from the attachment, if the index fluctuation calls for increase, rental shall be so increased, but a new rental shall not be less than the then current rental. Coupled with rental revisions based on CPI fluctuations, we will also, at more lengthy intervals, determine the fair market rental basis for the premises covered by our agreement. In the event the current CPI should cease to be published, we will then select another index that will serve in the place and stead of the CPI. The next rental bill you receive will reflect a rental of Seven Hundred Eighty and No/100 Dollars ($780.00) per month. Subsequent bills will reflect the adjustments discussed above, although we will, from time to time, determine current fair market rental basis for the premises and adjust rental based upon that determination. Currently, we propose to do this at five-year intervals. City of Carlsbad June 27, 1985 Page Two File: 11003803-22 We trust you understand the fairness of our new rental program. This notice is being forwarded in duplicate, and we shall appreciate return of one copy indicating your acknowledgement in the space provided below. If you should fail to return such acknowledgement, your continued occupancy of the premises beyond the date the rental is due will confirm that you elect to continue on the site under the revised rental program. We suggest you file this notice with your copy of the above agreement, cooperation in this matter is appreciated. Your Very truly yours, Q. W. Torpin, General Manager By A/. jQ. &4StJtf*'- W. D. Bentley, Manager Real Estate and Contracts THE ABOVE NOTICE IS ACKNOWLEDGED: CITY OF CARLSBAD By_ Its CITY MANAGER RENTAL AND RENTAL ADJUSTMENTS Lessee shall pay to Lessor for the use of the Premises rental as follows: (a) The base rent shall be per to be adjusted annually in accordance with paragraph "b" below, payable in advance without demand. Rent for any fractional month at the beginning or end of the lease term shall be prorated. Rent is due and owing on or before the date this Lease commences and thereafter shall be payable on or before the first day of each during the lease term. Upon termination of this Lease, unless Lessee is then in default, any unearned portion of said rental, paid in advance, will be refunded to Lessee upon written demand by Lessee therefor made within thirty (30) days following termination. (b) Commencing on the first annual anniversary of the first day of the first full calendar month of the lease and all annual anniversaries of such date thereafter, the base rental shall be adjusted in accordance with the changes in the Consumer Price Index indicated in the column for Urban Wage Earners and Clerical Workers, U.S. city average, (hereinafter called the "Index"), published by the Bureau of Labor Statistics, U.S. Consumer Price index from the base index number to the current index number. The index number indicated in the column for Urban Wage Earners and Clerical Workers, entitled "all items", for the period most recently released prior to the anniversary date in the previous calendar year, shall be the "base index number" and the corresponding index number for the period most recently released prior to the annual anniversary of this Lease shall be the "current index number". The current index number shall be divided by the base index number, to form the rental adjustment factor. The new base rent shall be determined by multiplying the then current base rent by the rental adjustment factor and this figure shall be rounded to the nearest 1J35.00. The new base rent, as so determined, shall be due and payable in accordance with paragraph "a" above. In no event, however, shall such new base rent be less than the then current base rent. If publication of the Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept comparable statistics on the cost of living for Urban Wage Earners and Clerical Workers, as they shall be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority then to be selected by the Lessor. In the event of (1) use of comparable statistics in place of the Consumer Price Index as above mentioned, or (2) publication of the Index figure at other than quarterly intervals, there shall be such revisions as the circumstances may require to carry out the intent of this provision. Lessor may, at its sole discretion and in conjunction with its overall rental adjustment program, use index numbers in the column for All Urban Consumers, U.S. city average, entitled "all items", or such similar index that may be published in the future to indicate statistics comparable to the indexes named below. (c) Notwithstanding anything herein, said base rental shall be subject to revision at five-year intervals to adjust same to a fair market value basis. CL36b/80285dHL SOPPLEJ&NTAL AGREEMENT, wade as of the 1st day of June 1982, between THE ATCHISOH, TQFEKA AND SAHTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter called **8anta Few, first party, and CITf OF CARLSBAD, hereinafter called "Lessee", second party. RECITALS: Santa Fe and Lessee are presently parties to contract dated May 25, 1976, designated ia the records of Santa Fe as Secretary's Contract Ho* 150082, together with any and all modifications, supplements and amendments thereto, (hereinafter for convenience referred to as "Original Lease**), under which Santa Fe leased and demised unto said Lessee those certain premises at Carlsbad, County of San Diego, State of California* It is the purpose of the parties to amend the Original Lease as hereinafter set forth. AGREEMENT: MOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That print of C.E.C.L. Drawing 80. 601*34001, dated Hay 17, 1976, last revised April 20, 1982, hereto attached, marked Exhibit "A", and by reference made a part hereto, correctly shows thereon the location and area of the premises covered by Original Lease as herein amended and that, effective as of Jane 1, 1982, said print shall be and it hereby is substituted in the place and stead of print attached to and made a part of Original Lease with like force and effect as though originally attached thereto and made a part thereof. 2. That, effective as of June 1, 1982, rental for the leased premises shall be and it hereby is increased from Two Hundred and Mo/100 Dollars ($275.00) per month, as specified in said Original Lease, to the sum of Three Hundred Fifty and Ho/100 Dollars (1350.00) per month. Said rental may be revised at the end of each three (3) year period during which this contract may remain in effect. 3. That, as herein amended, Original Lease shall be and remain in full force and effect. IB WITNESS WHEREOF, the parties have duly executed this Supplemental Agreement, in duplicate, the day and year first above written. THE ATCHISON, TOPEKA AMD SAHTA FE RAILWAY COMPANY Ij.g Assist an CITT OF By Its 50215THL Rev. 4/82 (M41) G.M FILE NO.BI- 702.5s) EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY OF CARLSBAD LOS ANGELES, CALIF MftY 17; ITTliura** a™ M.IHI SCAUE; t |K T0 FT uo.uo/ A.G.M. -ENGINEERINGo« -DESCRIPTION- A RECTANGULAR SHAPED PARCEL OF LAND CONTAINING 3^fl79.0SQ.FT.± SWOWN AT CARLSBAD, SAN DIEGO COUNTY, CALIF-C.E.C.L. DRAWING NO. 601-3HOOJ (\ DIV DWG NO..DIV. FILE NO.W-HM-03^'"vSEGa, „ \S - V^ ~> o ^- 5-Fe OnVii i'BI-. .59-26 SUPPLEMENTAL AGREEMENT, made as of the 1st day of June 1982, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter called "Santa Fe", first party, and CITY called "Lessee", second party. REG I T A L S: CDlitractNQ. 150082 RETURN TO S^retary, The A.T. 4 S.F. RY. CO. Top«kt Santa Fe and Lessee are presently parties to contract dated May 25, 1976, designated in the records of Santa Fe as Secretary's Contract No. 150082, together with any and all modifications, supplements and amendments thereto, (hereinafter for convenience referred to as "Original Lease"), under which Santa Fe leased and demised unto said Lessee those certain premises at Carlsbad, County of San Diego, State of California. It is the purpose of the parties to amend the Original Lease as hereinafter set forth. AGREEMENT; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That print of C.E.C.L. Drawing No. 601-34001, dated May 17, 1976, last revised April 20, 1982, hereto attached, marked Exhibit "A", and by reference made a part hereto, correctly shows thereon the location and area of the premises covered by Original Lease as herein amended and that, effective as of June 1, 1982, said print shall be and it hereby is substituted in the place and stead of print attached to and made a part of Original Lease with like force and effect as though originally attached thereto and made a part thereof. 2. That, effective as of June 1, 1982, rental for the leased premises shall be and it hereby is increased from Two Hundred and No/100 Dollars ($275.00) per month, as specified in said Original Lease, to the sum of Three Hundred Fifty and No/100 Dollars ($350.00) per month. Said rental may be revised at the end of each three (3) year period during which this contract may remain in effect. 3. That, as herein amended, Original Lease shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have duly executed this Supplemental Agreement, in duplicate, the day and year first above written. APPROVED AS TO FORM THE ATCHISON. TOPEKA AND SANTAFE RAILWAY COMPANY By LAJ^^^JL^J-^J^if-(-fft— Its Assistant to Uenerai. idaiia.se* Attorney CITY OF CARLSBAD By./ Its Mayn't 50215THL Rev. 4/82 (M41) G U FILE NO BI - 702-Sq EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY LOS MftY L**r Pcvitto Ami. \ UJO ^» 1>%%<VJ *• 5 8 11 TO FUUA-ERTON ^* I7 <• /, / / ESCONOlDO TCTJ NEXT 1 Z UJ 80^ AND CITY O F CARLSBAD // <" , , y y A-x s~-S Jr . J^^y yfA^Xx/7 ^t>^^.A/V ^ "* //' ANGELES, CALIF uO. LO.T-<=>^_xve«>7/ nTCp A. G.M. -ENGINEERING ^Z) lQ&2 CDei'^scrF4\P3T"SQt-»i f>p>P>RON^''SO SCALE: 1 IN. TO 100 FT. FIRST STREET i 1 3 g if 5 6 7 8- 9 / .»•••— ^ /e/*v ^tl.7* Ul Zuj§ L^ «W «• ^H^_^_ • ' IjltSICTSHft^ i 1blisBBaBBa^BaiSfWiSr5. . £!&• BJM^S • JiWti»yilfinllF Tl _L- .!/ 1 iKsSx^iSfe' i-i^^iHfeSfiiSSlHfeiB^STt^^^. M^^Hnl. wT^fm^^fnwMr^jrmtmsfir^Tmr'mm \ - • iwTr — TT — 'i trr 1 11 . ,,__»_*^«aHBHKi ff... T-^n^nc,* -^mtrt -iMrfm w— t,^., , j.. 3O* ^ >"^n.FVT 4^>^= ^W CJQ f^cw^ TC t + TpefNftTIONAU CITY J~». f~VL..f^\. v^J v^y \S> \^ii*>4 ^^5 *™i^t > r^'^s i <^^r™ ^^i i ^^ ^T* ^^T * *^A • ^^^^ % ^^^ \ ^^% \ ^^^ ^ ror^TO P«*.AT 100' WASHINGTON aV STREET ^Xv ^t1 ^v ^O ^90^-* •x. A RECTANGULAR SHAPED PARCEL OF LAND CONTAINING S^STSoSQ.FT.t SHOWN &HPOSO. AT CARLSBAD, SAN DIEGO COUNTY, CALIF. C.E.C.L. DRAWING NO. 601-3HOO) OIV DWG. NO. . niV Fll E NOW-H«f03C. -S _ If., BI-7Q259-26 SUPPLEMENTAL AGREEMENT, made as of the 1st day of April 1982. between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COHPANY, a Delaware corporation, hereinafter called "Santa Fe", f_irst party , and CITY OF CARLSBAD, hereinafter called "Lessee**, second party. RECITALS: Santa Fe and Lessee are presently parties to contract dated May 25, 1976, designated in the records of Santa Fe as Secretary's Contract Ho. 150082, together with atiy and all modifications, supplements and amendreents thereto, (hereinafter for convenience referred to as "Original Lease**), under which Santa Fe leased and demised unto said Lessee those certain premises at Carlsbad, County of San Diego, State of California. It is the purpose of the parties to amend the Original Lease as hereinafter set forth. AGREEMEHT: NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That print of C.E.C.L. Drawing Ho. 601-34001, dated May 17, 1976, last revised February 5, 1982, hereto attached, Barked Exhibit "A", and by reference made a part hereto, correctly shows thereon the location and area of the premises covered by Original Lease as herein amended and that, effective as of April 1, 1982, said print shall be and it hereby is substituted in the place and stead of print attached to and made a part of Original Lease with like force and effect as though originally attached thereto and teade a part thereof. 2. that, effective as of April I, 1982, rental for the leased premises shall be and it hereby is increased from Two Hundred and Mo/100 Dollars ($200.00) per month, as specified in said Original Lease, to the sum of Two Hundred Seventy-five Ho/100 Dollars ($275.00) per month. Said rental tsay be revised at the end of each three (3) year period during which this contract may remain in effect. 3. That, as herein amended, Original Lease shall be and remain in full force and effect, IN WITNESS WHEREOF, the parties have duly executed this Supplemental Agreement, in duplicate, the day and year first above written. THE ATCHISON, TOPEKA AMD SANTA FE RAILWAY COMPANY Its CITY OF CARLSBAD Its 42886WL Rev. 3/81 (M41) > I THE ATCI- LOS A Wcv. f=e<3ROp i UJ Z^tu Oi§CM ^*- ^ 3? ,^ / EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN •IISON, TOPEKA AND SANTA FE RAILWA AND CITY OF CARLSBAD NGELES; CALIF UO.UO.' i m<» A.G.M. -EN " " SCALE: 1 IN. TO 100 FT. FIRST STREET 3 e M- 5 (o 7 & 1 Jmmm •:::'" ^ff^'mx«mmmi -:' : . :::.5VV ::'::::x;:::;::: . :::;:::.::::: :;•::; !!::^ : : ;: :i ^:^:S::::::::&:::::: G M. FILE NO.BI - 7O2.5? TO' Ul Z UJ 100 30' CITY PONTO NEXT u(T TO FUU-ERTON ESCONOiDO TCTJ NEXTI 2.3 2.8-*-8T 100 WASHINGTON UJ -8O — 30'STREET •80 - DESCRIPTION * A RECTANGULAR SHAPED PARCEL OF LAND CONTAINING 2€3s'2.£?O- SQ.^T.i SHOWN AT CARLSBAD, SAN DIEGO COUNTY, CALIF-C.E.C.L. DRAWING NO. 601-3^001 DIV DWG NO..DIV. FILE NO Ccntract Mo. RETURN TO Secretary, Tlio A.T. & S.F. RY. CO. Topeka Oriifin.'i! BI-70259-26 SUPPLEMENTAL AGREEMENT, made as of the 1st day of April 1982, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter called "Santa Fe", first party, and CITY OF CARLSBAD, hereinafter called "Lessee", second party. RECITALS: Santa Fe and Lessee are presently parties to contract dated May 25, 1976, designated in the records of Santa Fe as Secretary's Contract No. 150082, together with any and all modifications, supplements and amendments thereto, (hereinafter for convenience referred to as "Original Lease"), under which Santa Fe leased and demised unto said Lessee those certain premises at Carlsbad, County of San Diego, State of California. It is the purpose of the parties to amend the Original Lease as hereinafter set forth. AGREEMENT; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That print of C.E.C.L. Drawing No. 601-34001, dated May 17, 1976, last revised February 5, 1982, hereto attached, marked Exhibit "A", and by reference made a part hereto, correctly shows thereon the location and area of the premises covered by Original Lease as herein amended and that, effective as of April 1, 1982, said print shall be and it hereby is substituted in the place and stead of print attached to and made a part of Original Lease with like force and effect as though originally attached thereto and made a part thereof. 2. That, effective as of April 1, 1982, rental for the leased premises shall be and it hereby is increased from Two Hundred and No/100 Dollars ($200.00) per month, as specified in said Original Lease, to the sum of Two Hundred Seventy-five No/100 Dollars ($275.00) per month. Said rental may be revised at the end of each three (3) year period during which this contract may remain in effect. 3. That, as herein amended, Original Lease shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have duly executed this Supplemental Agreement, in duplicate, the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY APPROVED AS TO FORM By Assistant General Attorney Its 42886WL Rev. 3/81 (M41) G u FILE NO m - 7Q?_sq EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY OF CARLSBAD LOS ANGELES. CALIF MAY 17, SCALE-' 1 IN. TO 100 FT. A.C.M. -ENGINEERING FIRST STREET LJID ZLJ ' TO' I 8 D LJ ^oTf •cTTTO FUU-ERTON ESCONOlDO TCTJ NEXT ^^/e^V \ __ P>. .P. PONTO NEXT 100' WASHINGTON sV STREET —IUJ -so— -DESCRIPTION- A RECTANGULAR SHAPED PARCEL OF LAND CONTAINING SQ.FT.± SHOWN AT CARLSBAD, SAN DIEGO COUNTY, CALIF.C.E.C.L. DRAWING NO. 601-3H001 DIV OWG NO .DIV. FILE NO V/-Ht03<; &i. o . p «i • -J.I RETURN TOS*nU Fe Original Secrc.'ary, T!i= A.T. £ 3.F. RV. CO. Tooeka BX*"/UZ.D .7 SUPPLEMENTAL AGREEMENT, made as of this 19th day of May, 1981, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter referred to as "Santa Fe", and CITY OF CARLSBAD, a California municipal corporation, hereinafter, whether one party or more, referred to as "Second Party". RECITALS; Santa Fe and Second Party are now parties to a contract dated May 25, 1976, Santa Fe's Secretary's Contract No. 150082, together with any and all modifications, supplements and amendments thereto, being hereinafter referred to as "Original Contract", under which Second Party pays Santa Fe a compensation of $100.00 per month for the use of a portion of Santa Fe property at or near Carlsbad, County of San Diego, State of California, as a site for City employe parking purposes. The parties desire to modify the Original Contract as hereinafter provided. AGREEMENT; It is mutually agreed that, effective June 15, 1981, Paragraph 3 of the Original Contract is hereby changed to read, as follows: "Lessee shall pay to Lessor on or before the first day of each period of one month during the continuance of this contract as compensation for the use of the Premises for such period the sum of Two Hundred and No/100 Dollars ($200.00). Lessor may revise the amount of such monthly compensation at any time after three years from June 15, 1981 and thereafter at intervals of not less than three (3) years upon thirty (30) days' notice in writing from Lessor to Lessee, and without affecting the right of either party hereto to terminate this contract at any time as may be provided elsewhere herein." Also, Original Contract is further amended by the addition of the following Paragraph 33: "33. ENVIRONMENT Notwithstanding any other provision of this lease, Lessee shall comply with all environmental statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as "Standards"), issued by Federal, State or local governmental body or agency established thereby (hereinafter referred to as "Authority"), relating to Lessee's use of the Premises. Lessee shall maintain the Premises in full compliance with all Standards set by any Authority, including, but not limited to, Standards concerning air quality, water quality and noise. In the event Lessee fails to maintain the Premises according to the Standards set by any Authority, Lessor may, after giving reasonable notice of the failure to Lessee, take whatever action is necessary to bring the Premises into compliance. Lessee shall reimburse Lessor for all costs (including, but not limited to, consulting, engineering, and legal costs) incurred by Lessor in Rev. 3/81 (1627E) -1- bringing the Premises into compliance with such Standards, and also all such costs incurred by Lessor in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties imposed for such violations. Lessee shall further indemnify and save harmless Lessor from any claim of a violation of such Standards regardless of the nature thereof or the Authority or person asserting such claim, which results from Lessee's use of the Premises, whether such claim arises in whole or in part from the negligence of the Lessor or otherwise. Lessee, at its cost, shall assume the defense of all such claims regardless of whether they are asserted against Lessee or Lessor. Further, since Lessee may be involved in the generation, transportation, treatment, storage and/or disposal of hazardous waste materials, Lessee agrees to comply with the hazardous waste management regulations adopted by the Environmental Protection Agency (EPA) on May 19, 1980." 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 By wi.ad. j t g Supervisor of Contract! CITY OF CARLSBAD By Its (Second Party) 57136TA Rev. 3/81 (1627E) -2- 1 Kl 1 ~act No. • ' •• Return totanta ?e Oritfi*COMMERCIAL LEAS] ;Secretafy, The A. T. & S. F. Ry. Co. Topeka THIS LEASE, made as of the 25th day of May _ , 197_6_, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY a Delaware _ corporation (hereinafter called "Lessor") and CITY OF CARLSBAD, a California Municipal corporation (hereinafter called "Lessee") . NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as follows: 1. TERM Lessor hereby leases to Lessee for a term beginning on Juno 15, 1976 _ _ L ~ _ , and continuing thereafter on a month to month basis _ until this, lease is terminated as hereinafter provided, subject to -the rights and easements hereinafter excepted and reserved and upon the terms and conditions herein- after set forth, the land and existing improvements (hereinafter called "Premises") situated at or near Carlsbad _ County of San Diego _ , State of _ Califcrnia » as described or shown on print No. KQI-. -14001 _ / dated May 17 _ , 1975 _ , marked "Exhibit A", at- tached hereto and made a part hereof . 2. EXISTING FACILITIES 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, to: (1) 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 Premises; and (2) Construct, operate, maintain, renew and relocate such additional faci- lities of the same character as will not unreasonably interfere with Lessee's use of Premises as specified in paragraph 7 hereof. 3. RENTAL Lessee shall pay to Lessor as rental for use of Premises the sura of One _ Hundred and No/100 Dollars ($ 100.00 ) per ipc-nth • payable monthly in advance • 4. SECURITY DEPOSIT Concurrently with the execution of this lease Lessee shall pay to Lessor the sum of waived ($ ) as security for the full and faithful performance of every provision of this lease to be per- formed by Lessee. If Lessee defaults with respect to any provision hereof relating to the payment of rental or additional rental or the provisions of paragraph 20 (b) hereunder, Lessor may use, apply or retain all or any part of this security deposit for the payment of any such rent or any other sum in default, or for the payment of any bther amount which Lessor may spend or become obligated to spend by reason of Lessee's default. If any portion of said deposit is so used or applied, Lessee shall within Ten (10) days after written demand therefor deposit to Lessor in an amount sufficient to restore the security deposit to its original amount and Lessee's failure to do so shall be a material breach of this lease. Lessor shall not be required to keep the secuirty deposit separate from its general funds, and Lessee shall not be entitled to interest on such deposit. If Lessee shall fully and O- O COMMERCIAL LEASE THIS LEASE, made as of the 25th day of May . , 197 j6_, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY > a nolauar-a. corporation (hereinafter called "Lessor") and CITY OF CARLSBAD, a California corporation (hereinafter called "Lessee"). WITNESS_ETHj_ NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as follows: 1. TERM Lessor hereby leases to Lessee for a term beginning on June 15, 1976 "—"•-—'•'•———'—"—^"—'—•"—————-'- , and continuing thereafter on a month to month basis until this, lease is terminated as hereinafter provided, subject to-the rights and easements hereinafter excepted and reserved and upon the terms and conditions herein- after set forth, the land and existing improvements (hereinafter called "Premises") situated at or near Carlsbad , County of San Diego , state of California > as described or shown on print No. 601-34001 ' dated May 17 , 1976 , marked "Exhibit A", at- tached n5ereTo~~alad~lna^e~a~part~hereof. 2. EXISTING FACILITIES 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, to: (1) 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 Premises; and (2) Construct, operate, maintain, renew and relocate such additional faci- lities of the same character as will not unreasonably interfere with Lessee's use of Premises as specified in paragraph 7 hereof. 3. RENTAL Lessee shall pay to Lessor as rental for use of Premises the sum of One Hundred ---------- • -------------------------------------------------- and No/100 Dollars ($ _ 100.00 _ ) per month _ / payable mr>n<-hly _ in advance * 4. SECURITY DEPOSIT Concurrently with the execution of this lease Lessee shall pay to Lessor the sum of waived _ _________ _ ($_ _________ _ ...as security for the full and faithful performance of every provision of this lease to be per- formed by Lessee. If Lessee defaults with respect to any provision hereof relating to the pavment of rental or additional rental or the provisions of paragraph 20 (b) hereunder, Lessor may use, apply or retain all or any part of this security deposit for the payment of any such rent or any other sum in default, or for the payment of any bther amount which Lessor may spend or become obligated to spend by reason of Lessee's default. If any portion of said deposit is so used or applied, Lessee shall within Ten (10) days after written demand therefor deposit to Lessor in an amount sufficient to restore the security deposit to its original amount and Lessee's failure to do so shall be a material breach of this lease. Lessor shall not be required to keep the secuirty deposit separate from its general funds, and Lessee shall not be entitled to interest on such deposit. If Lessee shall fully and o faithfully perform each provision of this lease to be performed by it the security deposit or any balance thereof shall be returned to Lessee upon demand by Lessee upon termination of this lease and upon Lessee's vacation of the Premises. 5. RENTAL ADJUSTMENT (a) At any time after three (3) years from the effective date hereof, and there- after at intervals of not less than three (3) years, the rental specified in paragraph 3 shall be subject to revision upon thirty (30) days' notice in writing from Lessor to Lessee advising Lessee of such revision. Each such revision shall be based on a fair ren- tal return of the market value of Premises at the time of revision giving due consideration to use, location, street frontage, size and all other applicable factors. Any notice con- cerning such revision shall designate the amount of the revised rental and the date such revised rental shall become effective. (b) If Lessee pays the rent specified in this lease or any modification thereto after written notice has been mailed by Lessor notifying Lessee that the rent has been increased, even though Lessee may be making such payment after receiving a bill for the lower amount, acceptance by Lessor of the lower amount shall not consittute a waiver by Lessor of the right to collect the higher amount. 6. TAXES (a) During the term of this lease, Lessee shall pay to Lessor, in addition to the rental provided for in paragraph 3 and within ten (10) days after receipt of bill therefor, all taxes and assessments which may be levied upon or assessed against or equitably charge- able to Premises, or which may be fairly apportionable to Premises, but included in taxes or assessments against a larger parcel of property of which Premises is a part. Lessee shall also promptly pay all taxes levied upon or assessed against its improvements, fixtures, personal property and operations on Premises. (b) In addition to the taxes and assessments specified above, Lessee shall pay to Lessor any privilege, sales, gross income or other tax (not including Federal or State income tax) imposed upon the rentals received by Lessor by a'ny agency having the authority so to do. 7. USE Lessee shall use Premises exclusively as a site for city employee parking pur-pngag , , Lessee shall comply with all laws, ordinances or regulations applicable to said use, including but not limited to building and zoning ordinances, restricting or regulating or prohibiting the occupancy, use or enjoyment of the Premises. Failure of the Lessee to use the Premises exclusively for such specified purposes(s) or to comply with such laws, ordinances or regu- lations shall constitute a material breach of this lease and a valid basis for the exercise by Lessor of its right to terminate this lease as provided in paragraph 23 hereof. Should any governmental body having jurisdiction in the matter require Lessor to dedicate, restrict or otherwise encumber the Premises, or any adjoining property of Lessor as a condition of the approval of Lessee's use of the Premises, or in compliance with any other governmental regulation, Lessor may, if said condition is unacceptable to Lessor, terminate this lease. Lessee covenants to properly notify Lessor accordingly should any of the above occur. 8. CONDITION OF PREMISES Lessee has examined Premises and accepts the use and occupancy thereof with full knowledge of the physical condition and of the conditions, restrictions, encumbrances and all matters of record relating to Premises. 9. ALTERATIONS Lessee shall make no change or alteration in nor additions to Premises without first obtaining the written consent of Lessor. 10. MAINTENANCE OF PREMISES Lessee shall keep and maintain the Premises and any and all buildings, structures, utility lines, paving and all appurtenances thereto including personal property (hereinafter sometimes called "Lessee-Owned improvements") in condition and repair satisfactory to Lessor and shall not cause or permit any waste or nuisance in, on or about Premises. Any and all necessary repairs shall be made at Lessee's expense and Lessee hereby waives all right to make repairs at the expense of Lessor. If Lessee fails to make repairs within fifteen (15) -2- days after notification in writing that repairs are necessary, Lessor may make such repairs to the Premises and Lessee-Owned Improvements as Lessor deems necessary to maintain them in a clean, sightly, sanitary and good condition and Lessee agrees to promptly reimburse Lessor for the cost of such repairs upon receipt of bill therefor. 11. UTILITIES (a) Lessee shall pay any and all charges for water, gas, sewer, heat, light, power and telephone service and all other services supplied to or used on Premises or avail- able, assessed or taxed to Premises. Lessee agrees that Lessor shall not be required to furnish to Lessee any water, gas, sewer, heat, light, power or telephone service or any other facilities, equipment, labor, materials or services of any kind whatsoever. (b) If any utility company requires a license or permit from Lessor to cross pro- perty of Lessor, other than Premises, before the aforesaid services will be provided, Lessee shall pay to Lessor the sum of One Hundred Fifty and No/100 Dollars ($150.00), or such other sum as Lessor may from time to time put into effect, to cover the expense of preparing and processing each such license or permit. 12. FENCE Lessee shall, at Lessee's expense, construct a fence or barricade, of a type ap- proved in writing by Lessor, along the boundary lines of Premises adjoining other property of Lessor. ' "•< 13. FIRE HAZARO SAFEGUARDS Lessee shall at all times use and occupy Premises in such manner and shall adopt such safeguards as will minimize fire hazard to the fullest extent possible consistent with the use of Premises specified in paragraph 7 hereof. 14. INDEMNITY (a) 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: (1) The us* of Premises by Lessee, its employees, patrons, licensees and invitees; (2) Any breach by Lessee of the terms, covenants or conditions herein contained; (3) The construction, maintenance or location on Premises of Improvements, utility lines or services; or (4) The sole or contributing acts or omissions of Lessee or the employees, agents, patrons or invitees of Lessee in, on or about Premises or Improvements. (b) Upon written request by Lessor, Lessee shall assume the defense of any suit or action brought against Lessor, its agents or employees, alleging any claim £or loss or damage hereunder, and Lessee shall pay all expense, including attorneys' fees, incurred by Lessee and/or Lessor in defending and settling all claims and liabilities against which it indemnifies Lessor hereunder. 15. LIENS Lessee shall promptly pay and discharge any and all liens arising out of any con- struction, alterations or repairs done, suffered or permitted to be done by Lessee on Premises and/or Improvements and shall indemnify Lessor against any loss incurred by Lessor on account of such liens. Lessor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment of any such liens to Premises; provided, however, that failure of Lessor to take any such action shall not relieve Lessee of any obligation or liability under this paragraph 15 or any other paragraph hereof. -3- o 16. SIGNS Without the written consent of Lessor, Lessee shall not place nor permit to be placed on Premises or Improvements any sign not solely for the purpose of advertising Lessee's business conducted on Premises. Upon request by Lessor, Lessee shall immediately remove any sign or decoration which Lessee has placed or permitted to be placed in, on or about Premises or Improvements which, in the opinion of Lessor, is objectionable or offen- sive. If Lessee fails to make such removal, Lessor may enter Premises or improvements and remove said sign or decoration at Lessee's expense. 17. EVICTION In case of eviction of Lessee by anyone owning or claiming title to or any in- terest in Premises, Lessor shall not be liable to Lessee for damage of any nature whatsoever or to refund any rental paid hereunder, except the proportionate part of any rental paid in advance. 18. ASSIGNMENT Lessee shall not assign this lease without first obtaining Lessor's written ap- proval therefor. 19. SUBLEASE Lessee shall not sublease Premises or any part thereof without first obtaining Lessor's written approval therefor. 20. TERMINATION (a) This Ifease may bfe terminated at any time by either party hereto .serving thirty (30) days' written notic^ of termination upon the other party stating therein the date such termination shall take effect.Upon the expiration of the time specified in such notice, this lease and all rights of Lessee hereunder shall absolutely cease and determine. (b) Upon termination of this lease in any manner provided herein, Lessee shall remove from Premises, at Lessee's expense, any Lessee-owned improvements and appurtenances, including all trade fixtures, personal property, utility lines, paving, foundations and any and all debris, leaving Premises in a cleared and reasonably level condition satisfactory to Lessor. If Lessee fails to complete the removal of said improvements and appurtenances within thirty (30) days after termination of this lease, Lessor shall have the option, to be exercised in writing at any time thereafter, to either: (1) Perform such removal and clear Premises for the account of Lessee and in such event Lessee shall reimburse Lessor for all costs so incurred within fifteen (15) days after rendition of bill therefor; or (2) Take and hold said improvements and appur- tenances as its sole property without com- pensation to Lessee, and in such event Lessee shall be relieved of the obligation to remove or pay for removal of said improve- ments and appurtenances. 21. NOTICES All notices to be given hereunder shall be given in writing, by depositing same in the United States mail duly registered or certified, with postage prepaid, and addressed as follows: Lessor at: 121 East Sixth Street Los Angeles, California 90014 Lessee at: 1200 Elm Avenue Carlsbad, California 92008 or addressed to such other address as the parties hereto may from time to time designate. -4- o 22. BANKRUPTCY If Lessee should become insolvent or fail in business, or make an assignment for the benefit of creditors, then Lessor may, at its option, terminate this lease upon five (5) days' written notice. 23. FORFEITURE FOR DEFAULT If any rental hereunder shall be due and unpaid, or if default shall be made in any of the covenants or agreements 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 or serve notice in writing upon Lessee notifying Lessee to cure any default or defaults within five (5) days from ser- vice and if Lessee fails to do so, the lease will be deemed forfeited and terminated; but any waiver by Lessor of any default or defaults shall not constitute a wavier of the right to terminate this lease for any subsequent or continuing default br defaults. 24. HOLDOVER If Lessee fails to surrender Premises tq Lessor upon any termination of this lease, all the liabilities and obligations of Lessee hereunder shall continue in effect until Premises is surrendered. No termination hereof shall release Lessee from any lia- bility or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or date of surrender if it be later. ( 25. ATTORNEYS' FEES If Lessor commences an unlawful detainer action or any other action against Lessee to enforce any obligation arising under the terms and provisions of this lease, or against any subtenant or assignee of Lessee using the Premises, Lessee shall pay all court costs and reasonable attorney's fees associated with such action. 26. CONDEMNATION In the event all or any portion of the leased Premises shall be condemned for public use, Lessee shall receive compensation only for the taking and damaging of Lessee's Improvements. Lessee shall have no claim to any compensation awarded for the taking of the Premises or any portion thereof including Lessee's leasehold interest therein or to any compensation from a sale of the Premises or any portion thereof by Lessor under threat of condemnation. 27. WAIVER No waiver by either party hereto at any time of any of the terms and conditions of the lease shall be deemed a waiver at any time thereafter of the same or any other terms or conditions hereof. 28. TIME OF THE ESSENCE Time and specific performance are each of the essence of this lease. 29. HEADINGS AND TITLES The headings and titles to the paragraphs of this lease are not a part of this lease and shall have no effect upon the construction or interpretation of any part of this lease. 30 . PUBLIC RECORD It is understood and agreed that this lease shall not be placed of public record. 31. AMENDMENT OF LEASE It is agreed that this lease sets forth all of the promises, agreements, condi- tions, inducements and understandings between the parties relative to the Premises and there are no promises, agreements, conditions, understandings, inducements, warranties or representations, oral or written, expressed or implied, between them other than as herein set forth and this agreement shall not be modified in any manner nor shall any provision be waived except by an instrument in writing executed by duly authorized representative of the parties. o 32. BINDING All the covenants and agreements of Lessee1 herein contained shall be binding upon the heirs, legal representatives, 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. THE lyTCHISON, TOPEKA AMD SANTA PE RATUBAY MMPAHY(Lessor) By hi . U] . Its Supervisor of Contracts (Lessee) -6- 32. BINDING All the covenants and agreements of Lessee herein contained shall be binding upon the heirs, legal representatives, 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. THE ATCHISOM, TOPEKA AMD SANTA FE RAILWAY COMPANY By_ Its Supervisor of r.nnh-Jrta (Lessor) CITY OF PART-CRAn By Its s (Lessee) -6- LS TO FORM Assistant Gerteral Attorney G.M FILE NO BI- 702.5^ EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY OF CARL&QAD LOS ANGELES, CALIF MflY 17, J. G FRY A.G.M. -ENGINEERING SCALE' 1 IN. TO 100 FT. -DESCRIPTION- A RECTANGULAR SHAPED PARCEL OF LAND CONTAINING O.tHZt ACRES SHOWN OUTLINED SHADED. AT CARLSBAD, SAN DIEGO COUNTY, CALIF-C.E.C.L. DRAWING NO. 601-3^00) DIV DWG NO.D!V FILE NO V/- HH-03(.