1973-1212_REEDER THOMAS_AgreementAGREEMENT
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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:
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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
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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
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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
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EXHIBIT "A"