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1973-1212_REEDER THOMAS_AgreementAGREEMENT 5 This Agreement is entered into this Z may of December, 1973, by and between Dr. Earl Little (hereinafter referred to as "Little") and Thomas E. Reeder (hereinafter referred to as "Reeder"). WHEREAS, Little has certain unimproved land in the City of San Juan Capistrano, California; and, WHEREAS, Reeder has a use for unimproved land for the purpose of topsoil storage; NOW THEREFORE, it is agreed as follows: 1. The land which is the subject of this Agreement is marked on the attached map, Exhibit "A", designated as an abandoned street traveling in a northerly direction off of San Juan Creek Road. Said unimproved land constitutes approximately 1.78 acres. 2. Reeder shall have the use of said land for the storage of topsoil subject to: a. All city, county and state regulations with respect to the business operated by Reeder and the storage of topsoil in connection therewith shall be met by Reeder insofar as they apply to the use of the subject property. 3. In consideration for the use of said land, Reeder shall maintain said premises in the following manner: • a. Remove and abate all weeds and foreign material as the need arises. b. Prevent third parties from using said area as a trash or garbage dumping area and in the event trash or garbage is dumped on said area, remove same. 4. The term of this Agreement shall commence with the execution thereof and shall continue until December 31, 1974, unless terminated earlier as set forth in Paragraph 5 hereof. 5. This Agreement shall terminate prior to December 31, 1974, upon the happening of one of the following events: a. Little shall sell subject property and the buyer shall desire a termination of said Agreement. b. Little shall desire to develop said property and use it for other purposes which require its use for construction on said property. C. It shall be determined by any governmental agency that the use of said property for topsoil storage constitutes a nuisance and said governmental agency requires removal of the topsoil as a condition of correcting the nuisance. 6. Upon the happening of any of the foregoing events as set forth in Paragraphs 5 (a) and 5(b), Little shall give Reeder thirty (30) days written notice of termination of this Agreement. Upon the happening of the circumstances set forth -2- 0 in Paragraph 5 (c), Reeder shall remove said topsoil as required by the governmental agency. Upon termination of the Agreement, Reeder shall remove all topsoil from the area and shall restore the premises to good condition. 7. The rights and privileges herein granted by this Agreement to Reeder are non -assignable and non -transferable by Reeder except to a business entity controlled by Reeder, except with the written consent of Little. Subject to such limited right of assignment, this Agreement shall be binding upon and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. 8. Any controversy or claim arising out of or related to this Agreement or the breach thereof shall be determined by arbitration in accordance with the rules then obtaining of the American Arbitration Association and judgment upon any award rendered in any such arbitration proceeding my be entered in any court having jurisdiction thereof. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California as from time to time are enacted or amended. 10. This Agreement contains the entire agreement of the parties and no representations, inducements, promises or -3- 0 agreements, oral or otherwise, not embodied herein, shall be of any force or effect. WITNESS OUR HANDS this day of December, 1973. O DR. EARL LITTLE THOMAS E. REEDER -4- m Ci r I ur- 44 Ili '14 44 EXHIBIT "A"