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CONTRACT 1387 License AgreementForm 1617-B Standard (Approved by General solicitor) LICENSE THIS LICENSE, Made as of the--------------- - st----------------------- --- day of... .. _...July 3 ....... _ ............. .............. , 19_ 7 ...... between......... _.......... ................. ........... ...... _..,............ ................ . ........ ........r ........... ....................... __....... .................. .., ..................... corporation hereinafter called "Licensor" CITY OF EL SEGUNDO and.... __.... .--- .. ......... _............................... ................... _... ........................... .__..................... . (hereinafter, whether one party or more, called "Licensee"). WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Licensor hereby licenses Licensee to use, subject to the rights and easements hereinafter excepted and re- served and upon the terms and conditions hereinafter set forth, the land (hereinafter called ",Premises") situated at or near d County o s lee ......... .................... ..... ... .. -..., �. ... .. _................ � 72731.462 State of ............... ?....... ........»...,_...., outlined in red coloring on the print hereto attached, No ..... ....._.__._____., dated. .-.. '. `y.. 4 -, 97 .. ............... _ _ ........ .w..... _....-.. ............... _....�......... .._ . marked "Exhibit A" and made a part hereof, for a term beginning on..... ...:.. :.._.-..... ..- . - -..... _ ...,.._, 19-11...... and ending when this license shall be terminated as hereinafter provided. 2. Licensor hereby excepts and reserves the right, to be exercised by Licensor and by any others who have ob- tained or may obtain permission or authority from Licensor 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) fromtime 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 Licensee for the purpose specified in paragraph 6 hereof. 3. Licensee shall pay to Licensor as compensation for the use of the Premises the sum One (----- _.._ ........ payable in advance. m sPiai� 'Siz1S��ctti���vfsfrni'�t iv�rt5j' Z'' 4. Licensee covenants and warrants that Licensee either owns, or has obtained from the owner or owners thereof the right to use any improvements now on the Promises shown or described on said Exhibit A as "Licensee's Existing Improvements." Such improvements, if any, together with any other improvements hereafter placed upon the Premises by or for account of Licensee are hereinafter called "Improvements." 5. Licensee shall pay before the same become delinquent all taxes, charges, rates, and assessments which may, during the term of this license, 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 embrac in the general amount of taxes charged upon the Premises separately or in connection with other property of Licensor and Licensor shall pay all of said taxes, then Licensee shall promptly repay or refund to Licensor the amount or part of the tax, charge, rate or assessment equitably or fairly apportionable to the Improvements. 6. Licensee shall use the Premises exclusively as a site for.....2verheadi qh ray traf f ic signal....-.m,_.............�....�.._.�._.-.....�......, .. .. .. ... ...... ... ............................. ... ..,.. ... ... ...._ ., the object of Licensor being to facilitate the convenient operation of the railroad, telegraph and telephone lines of Licensor, and the transaction of business thereon. In case Licensee shall use the Premises for any other purpoaie what- ever than above mentioned, then Licensor may declare this license at an end and prevent Licensee from using, or re- maining upon the Premises, with or without ;process of law. Licensee shall not have the exclusive possession of the Premises as against Licensor. 7. Licensee shall keep and maintain the Premises and Improvements in such safe, sanitary and sightly condition as shall be satisfactory to Licensor, and,if required by Licensor, shall paint the Improvements with paints of a color approved by Licensor; and if Licensee fails or refuses within fifteen (15) days after receipt of any request by Licensor so to do, Licensor .may, at its option, perform such work, and in such event Licensee shall within thirty (30) days after the rendition of trill therefor reimburse Licensor for the cost so incurred. $. In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon, Licensee 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, shad, be used for the loading, unloading, storing, or otherwise handling of any petroleum products, Licensee 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 Promises, where oil or other inflammable fluid supplies are handled or stored by Licensee, except in unbroken original containers, shall be 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 rational Electrical Code with respect to Class I hazardous locations. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alteration or repair work done, or suffered or per to be done, by Licensee on flee Premises, and Licensor is hereby authorised to post any notices or take an'y other action upon or with respect to file Prerraises fleet is or may be permitted by saw to prevent flee attachment of and such to tta the Premises; provided, howvever, that failure of Licensor to false any such action shall not relieve Licensee of anv obligation or liability under this or any other paragraph hereof. . Licensee 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 (5) feet above the top of rail; but, nevertheless, 'Licensee may erect loading platforms which shall .not be more than three () 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 competent public authority different clearances shall be required., then Licensee shall strictly comply with such. statute or order. 10. Licensee agrees to indemnify and save harmless Licensor against all loss, damage or expense which Licensor 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 Licensor, arising in any manner out of (a) the use of the Premises or Improvements by Licensee, (b) any breach by Licensee of the terms, covenants or conditions in this instrument contained, or (c) the sole or contributing acts or omissions of Licensee or the employes, agents, patrons or invitees of Licensee in, on or about the Premises or Improvements, except tlthat if Licensor 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 Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall transfer or lease the Premises or the Improvements., or any part thereof, nor assign, or transfer this license or any interest herein, without the written consent and approval in each 'instance of Licensor. 1. In case of the eviction of Licensee by any one owning or claiming title to or any interest in the Premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any compensation paid hereunder, except the proportionate part of any compensation paid in advance. 1. If .any compensation hereunder shall :be due .and unpaid, or if default shall be made in any of the covenants or agreements of Licensee herein contained, or in case of any assignment or transfer of this license by operationof law,. Licensor may, at its option, terminate this license by serving five (5) days' notice in writing upon Licensee; but any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this license for any subsequent default or defaults. 14. This license may be terminated at any time by either party upon thirty (0) days' notice in writing to be served upon the other party, stating therein the elate that such termination shall take place, and upon the expiration of the time specified in such notice this license and all rights of Licensee hereunder shall absolutely cease and de- termine; but upon any such termination Licensee shall be -entitled to have refunded by Licensor a proportionate part of any compensation paid in advance. 15. Any notice to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee, or if left with any of the agents, servants or employes of Licensee or if posted on the Premises, or if deposited in the Post Office, postpaid, addressed to Licensee at-.30S.- -.S. ,eel .......................................... .. ---------- ------ _____. _. - - -- _.. _ E1Segundo-,__r 1if.,_a._9Q051------------------- -------------- 16. Upon the termination of this license in any manner herein provided, Licensee shall forthwith surrender to Licensor 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 Licensee shall fail within thirty (0) days after the date of such 'termination to make such removal or restoration, then Licensor may, at its election to be exercised within thirty (0) days thereafter~, either remove the Improvements and restore the Premises for the account of Licensee, and in such event Licensee shall within thirty (0) days after the rendition of bill therefor reimburse Licensor for the cost so incurred, or may take and hold the Improvements as its sole property.. 17. If Licensee fails to surrender to Licensor the Premises, upon any termination of this license, all the liabilities and obligations of Licensee hereunder shall continue In effect until the Premises are surrendered; and no termination hereof shall release Licensee 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 Licensor elects to take and hold the Improvements as its sole property as hereinabove in paragraph 16 provided. 18. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. - -19. All the covenants and agreements of Licensee herein contained shall be binding upon the heirs, legal repre- sentatives, successors and assigns of Licensee, and shall inure to the benefit of the successors and assigns of Licensor.. IN WITNESS WHEREOF, This license has been duly executed in duplicate by the parties hereto as of the day and year first above written. geMpLicensor). Approved as to description: Y !! /' Its ....... ,.. Supervisor of Contracts ... hief Engineer. -CITY--OF---F.L-S EGUUM --------------------------------------------------------------------------- Approved as to description: By: ........... ..........T1UQr......-- ATTES JANE 9 1(UGH, City Clerk Supt. of onaaa ioations -IT a .. � . ....... (Licensee). t .>Ft-viovrc As 1' p (Attach print here.) .. C 7 T Y d 7 r E"¢ tv L"Y J The Atchison, Topeka and Santa Fe Railway Company f3 F *Rent Codes 1. Industrial SSE COPY - 2, Agricultural DIV. 33 3. Communication 4m Miscellaneous 6, lg 'B i�d t'rg SEGUND€] CITY CF 'W CT Return Copy B to: EL StGN00 CALI JUL 12 197P � Auditor of Disbursements, a �re "f he A. I & S. F. Ry. Co. t r om [?�ni e. j, '(0 I"t"k' Of 9 u�a r „"""y t l t h?, Post Office Box 1738 Under.' lease from Th A441tchison, Tola ka and Santa Fe Railway Co. to you, Topeka, Kansas 66628 Contract No. 0143217 located at EL SEGUNDO, CALIF dated 07 01 73 rent code There Is due and payable the nominal annual rental of one dollar. The Company has no desire to insist upon the actual payment of this sum, but will be satisfied with an acknowledgment from you that you are still holding the premises described in said lease, 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 Th 'e A&711 chts To ea *Rent Codes tndan'a Feld ail . l.. G, 2.� Agricultural ..� _. w 19� 8 7� iJ L ES 8 OPY A 1/ ',/ J DIV" 3. Communication 4. Miscellaneous . 5. Company Building ],,� NVMI 1AGN SCEGUNDC, CITY Of El. SF-,GUND0 t, L F,N -11 Return Copy B to: Under lease from The Atchison, Topeka and Santa Fe Railway Co. to you, i or o is ursements, The A. T. & S. F. Ry. Co. Post Office Box 1738 Topeka, Kansas 66628 There is due ands a atatle char no� �r�al annual rental 16 N�l�f I CAL 1 dated � Contract No. ; a lf) l 3 rent eode " tt of one dollar. The Company has no desire to insist upon the actual pa ment of this sung, but wall )e satisfied with i an acknowledgment from you that you are stlll holding the premises described in said ykease, 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. w q / �/3 -' l FORM 9632 SPL COPY B Return to: U Manager -Disbursement Accounting Dear Sir: The Atchison, Topeka and Santa Fe Railway Post Office Sox 1738 Your letter of 7 / 41 / , DIV, 33 Topeka, Kansas 66628. with respect to lease from The Atchison, Topeka a►id'Santa Fe Railway Company to the undersigned, lease dated Jul 1. M tg covering site for d e undo Blvd The r nderafgne aclrno rl� �o still hold the premises described In said lease under the terms of the same. i Dated • Ul ^ ,"a 1 Yours respectfully, �1r" �CITIYI C�11 r .Contract No»i,r32 "Dote. It theJess be a car oratlorr, �cnowledgment should be si p ayor signed by its Presideant aan attested by Its ec'reta � +mar their offfcial trttes H the lessee be a partnership, the Owrfedgment should be b one -<of' the proprietors as "Owner°"as "tor� "Partner". Allsignatures or liran Mquired do be made personally. FORM 1632 SPL f