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CONTRACT 1495 Leasing AgreementF" 1616 stuad"d 2271 El Segundo (Awro"O by GeamQ SaNOW) LEASE OF LAND (Short Term) TMS LEAMMade a8 of the—--- 12th ----day Df---! K" —, 19-1q, Delaware SEGUNDO (hereinafter, whether one party or more, caed "Lessee") - VaTNESSETE4 That the parties hereto for the considerations hereinafter exprawA covenant and agree as follows: .1. Lessor hereby leases to Lessee uafter exc" and I '='nar s�t forth, the land (hareinvi-ter eaRed TremiseWl a saMeet to the rights and easements herei servecl, and upon the terms and condi ! ons situated at or near--- county of ---IFOe I f—41 -c� on the print hereto vA- State o--C tached, P dated March­q, 1976 J, marked "Rixhibit A" and made a part hffeof, for a term beginn,i,ng on--A—P. 12 and ending when this leaseshall be terminated as hereinafter provided. Z G 3. Usw shall pay to IAwor an rents for the use of the Premises the sum of--71- J 6. Lessee shall use the Premises exclusively as a site for landp!o�a-�Rg­pR.� 6. In using the Premisesx and in construotting, maintaining, operating and using the Improvements thereon, Lessee shah comply with any and all requirements imposed by federal or state alltates, or by ordinances, orders, or regulations of any governmental °body havxn jurisdiction thereover. In the event the Premises or Im rovements shall be used for the loading, unloaliing, storing, or otherwise handling of any petroleum proSucts, Lessee shall comp with all applicable regulations and recommendations from time to time promulgated by the Bureau ofglosives of the Association of American Railroads, or any successor agency. All artificial lighting in pump houses, warehouses, or other enclosures upon the Prem- ises, 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 in- stallation upon the Premises shall at all times conform, to and be maintained in accordance with the pro- visions of the then current edition of the National Electrical Code with respect to Class I hazardous loca- tions. Lessee shall promptly pay and discharge any and all liens arising out of any construction, altera- tion 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 attachment of any such liens to the Premises; provided, however., that the 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 agrees to indemnify and save harmless Lessor against all loss, damage or expense which Lessor may sustain, incur or b acne liable for, including loss of or ge 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 contained, or (c) the sole or contributing acts or omissions of Lessee or the employes, agents, atrons or invitees of Lessee in, on or about the Premises or Improve- ments, except that if Lessor iparticipate In any such contributing acts or omissions, then the loss, dam- age or expense arising therefrom shall be borne by the parties hereto equally. 10. Lessee shall at all times keep a space of six (6) feet from the nearest rail of any railroad track en- brely 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 topof rail; but, nevertheless, for convenience in handling freight to and from, cars on any railroad truck serving the Premises, the Lessee may install, use and main- tain (a) loading or unloading cranes or other devices not nearer than six (6) feet from the nearest rail of such track and no part of which shall at any time project or extend in the direction of such track except when crane or device is being used for loading or unloading freight and (b) platforms which shall be not more than three (2) feet and six, () inches higher than the top of the rails, and which at no point shall be nearer than four () feet to the nearest side of the bead of the nearest rail of such track; provided, how- ever, if by statute or order of competent public authority different clearances shall be required, then Lessee shall strictly comply with such statute or order. Irrespective of anything in Section 9 hereof contained, in case of a breach of the obligations contained in this Section 10, or of any of them, Lessee assumes and agrees to Indemnify Lessor against all liability for loss, damage, injury and death resulting therefrom, and to reimburse Lessor for any sums which or may have been required to pay in the way of damages, fines, penalties or other expense resulting, In whole or in part from the failure of Lessee to comply with any of the provisions hereinabove in this Section 10 contains . 11. Neither Lessee, nor the heirs, legal representatives, successors or assigns of Lessee, nor any sub- sequent assignee, shall underlease or sublet the Premises or the Improvements, or any part thereof, nor assign pr transfer this lease or any, interest herein., without the written consent and approval in each In tance' 4 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. 19.. If any rental hereunder shall be due and unpaid, or if default shall be made in any of the cove- nants or agreements of Lessee herein contained, or in ease 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 writ- ing upon Lessee; but any waiverby 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 (0) days'' written notice of 0ORWfUn upon Ge -offier party, stating therein Me a dt such termination shall re place, and upon the expiration, of the time specified in such notice this lease and all rights of Lessee here- under 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 hereunder to be given by Lessor to Lessee shall be deemed to be properly served if it be deposited In the United States mail, postage prepaid, addressed to Lessee at E1 Segru.ndo, California Any notice to be given hereunder by Lessee to Lessor shall be deemed to be properly served if the same be deposited in the United States mail, postage prepaid, addressed to Lessor's General Manager at�121 East Sixth Street Los lin e�es _California9001.... 16. Upon the termination of this lease in any manner herein provided, Lessee shall forthwith sur- render 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 (0) days after the date of such termination to snake such. removal Qr restoration, them r y, at Its election, ` to be exercised within (30) days thereafter, either re ve the Improvements and tore Premises for the account of and, In such event shh within thirty (30) days after the rendition of bill therefor reimburse r for the cost so incurred, or may take and hold the Improvements as its sole pro. 17. If Lessee fails to surrender to Lessor the Premises, upon any termination of i lease, all the liabilities and obligations of Lessee hereunder shall continue in effect until the Premises an surrendered and no termination hereof shall release Lessee from any liability or, obligation hereunder, whether of indemnity or otherwise,, resulting from any, aets, omissions or events happening prior to the date of ter- mination or the dat if later, when the Improvements are removed and the Premises restored or Lessor elects to take and hoo d, 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 halM legal representatives, successors and assigns of Lessee, and shall inure to the benefit of the successors and assigns of Lessor. Attached hereto and mode a part hereof is Rider identified by the signature of W. v. Tyson. IN WITNESS WHE REOF, This lease has been duly executed in duplicate by the parties hereto as of the day and year first above written. TiI1I9 1 A LL 12N (Lessor) Approved as to description: By—..___ . .._!1. $u ! soY of Conlaas Chief Engineer. ,APPROVED AS TO FORM ATTEST: CITY OF EL SFEGIiMDO I Ike �� ���CITY ATTORN _ By r Y City Cterk �.....m� (SEAL) �� Mayor (Less) . d t�� R I D E R Rider to lease dated April 12, 1976 between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and CITY OF EL SEGUNDO. 20. In the event that the State Board of Equalization assesses the Premises covered cinder this lease on a separate basis, then Lessee shall also reimburse Lessor promptly upon receipt of statement therefor for all general property taxes which are during the term of this lease 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 reimbursement by Lessee shall be in the amount of such tax equitably or fairly apportionable to the Premises. Identified by The Atchison, Topeka and Santa Fe Railway Company *Rent Codes 1. Industrial LESSEE C0VIV 2. Agricultural 70'9 DIV. 33 3. Communication 4. Miscellaneous VY D 5. Company Building EC sEGUNUG EL SEGUNDC CA Under lease from The Atchison, Topeka and Santa Fe Railway Co. to you, Return Copy B to: Auditor of Disbursements, The A. T. & S. F. Ry. Co. Post Office Box 1738 Topeka, Kansas 66628 Contract No, 014S6,21 located at f.. x $a j4 1 CA dated 0 1 7 rent code" There is due and payable the nominal annual rental of one dollar. The Company has no desire to Insist upon the actual P�aywent of this sure, but will tie satisfied with an acknowledgment from you that you are still molding the premises described In sa(d &ease, under the terms thereof. Attached will be found a form of such acknowledgment which we would be pleased to have you sign and return to us at your earliest convenience. FORM 1632 SPL COPY 6 two Return to: Manager-Di6bursoment Accounting The Atchison, 'Topekaa and Santa Fe Railway Post Office Box 1'738 . Dear Sir wr 'Your letter of CIM Topeka., Kansas 66628 with respect to lease from y' he � Topekaay Company to the undersigned,. lease dated tg. coverng site for, Fe at Atchison, x 1 i a The undersigned acknowledges,ill hold the prernis -described in said lease under the terms of the same, Dated:' July 2, 1981 A E, - y"durs respectfully, N" N Y Ci Clerk CITE 0 EL GUNDO t y, 1 Contract o / � �.ty 4 D Note. if the lessee be a corporation. then acknowledgment should be signed by its Pre w t and attested by its Secretary, over their official titim if the lessee be a partnership, as an unincorporated company or firm, the acknowledgment should be by one of the proprietors as °" lwnere' or "Partner". All signatures are required tobe made personally. FORM 1632 SPL FF EXHIBIT A9 Al I ACH[: 1) 1...0 CONTRAC-1 B-ETWEEN T 'KA AND SAI'4TA FE RAILWAY COMPANY 1 i E A"T' C I H SON p I P E_ AND CITY OF EL SEGUNDO LOS ANGELES p CALIF. J. G. FRY Nl\kRC" 3) 197(- A. r4. M. EN G I N E E RIN G SCALE: I IN TO 200 FT. / 0 <0 •% lox/ - AVIATION BLV D. U. P, AT LAI P PO PVT LOS ANGELES COUNTY p CAUF. I z a 60L1-V1 'ON S.A7'3$ C9-1'bl -HE oN "O n d) 3NII N01103S •..� �� �� ��. .� —! a IH 1� 1 I r P '4 I, 1 �l p OS + SS 61'80; + OZZ I ° r r� III I rq a w I, � m n a zit r� r� Z r I �w rM Q � N m s mm iEE) -'TO CON-1 RACT 13ETWEEN T11E ATCHI SON, TOPE KA AND SANTA FE RAILWAY COMPANY DESCRIPTION: AREA FOR LAND SCAPINCi PURPOSES SHOWN, SHADED, COIF, TAININC4 A -rO-rA.L. OFF 188,536.40t SQ. P-T. OR 4.3Z8 ACRE-S. r) rn 0 Cc) c z + TO RED ONDO JCT.— rz 129.6 *-SEC710-N LIN'E n \R6 12 o opp. E.S. 208+19-4- M. ?. 13 + 1+0 45 9.4 E. E. AREA A I L.0's C.E.C.L. DRAWINQ O. 605-33759 "✓U,m f",3wyB e The Atchison, opeka and Santa A Santa Fe Industries Company --- -- - ,. P.O. Box 1738, 400 Jackson Street, Topeka, Kansas 66628 Telephone 913/235-0041 PARCH I, IS l9 CITY Of fL SEGUN00 EL SEGUNDO CA RE CUR CONTRACT NO. 0149621 RENT CLEE 6 *SEE$FLOW* AT LA IRPCRT CA TC hfif-M IT PAY CCI\CERN Y U UP YOUR FIRM AND TF.E ATGHISCN9 TGPEKA AND SANTA FE RAILWAY CCMPANY ARE PRESENTLY PAKTIES TC THE LEASE OR AGREEMENT REFERRED TO AECVE. WE HEREBY hDTIFY YOU Tf,AT EffECTIi E MARCF 26v ISiS, ALL NOTICES KzuUli;Ei TG BE GIVEN by YOU UNDER SAID LEASE CR AGREEYEINT, AS SELL AS ALL OTHER L`:EMMUNICATIZ-NS FRCM YOU REGARDING SAID LEASE OR AGREEMENT, SHALL DE ALDRESSEL TL TI-E RAILWAY CCMPAIAY AS FCLLLkkS. SLPER1tISUR Cf CCNTRACTS THE ATChISCA, TOPEKA AND SANTA FE RAILi%AY CCIMPANY CNE SANTA FE PLAZA 5200 LAST SHEILA STREET LOS ANGJELES, CALIFORNIA 90040 HOWEVER, ANY RENTALS DUE UNDER ThE TERMS OF TEE AEZ-VE—MENTIONED LEASE OR AGREEMENT SHOLLD CCNTINUE TO EE SENT TO THE A.T.ES.F. RY. CO. AT THE ADCRESS SHCWN ON TEE RENTAL SILL, AEEN RECEIVED. EXPLANATION OF RENT COLES I — INDUST;AIL SITE 2 — AGRICULTURAL SITE 3 — FCLE LINE SITE YOURS VERY TRULY* E. D. FISH* GENERAL MANAGER 4 — MISCELLANELLS SITE 5 — CCMFANY EUILDING 6 — ALL OThER