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1983-0609_A T & S F RAILWAY CO._Lease of LandForm 1616 ftridard (Anorevod by GHM*ral Sed ar) IYASE OF LAND (Short Term) TMs LEASE, Made as of th 9th June 19_. 83 . between Atchison Topeka and Santa Fe Railway corporation (ham called "Lemor) , anti Cit of San Juan Ca istrano ( hereinafter, whether one party or more, called "Lessee") . WrrNESSEIM, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Lessor hereby leases to Lessee, 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 San JuanCapistrano �_ , County of Orate �,__TJ� state of --la I ifo rn ' , outlined in red coloring on the print hereto at- tached, No. 5-00068 date( July 15, 1983 marked "Exhibit A" and made a part hereof, for a term beginning on JULY 1 and ending when this lease shall be terminated as hereinafter provided. 2. 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, (a) to operate, maintain, re- new 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) from time 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 Lessee for the purpose specified in paragraph 6 hereof. 3. Lessee shall pay to Lessor as rental for the use of the Premises the sum of -�- --Dollars ($ �- ) per year payable in advance. Said rental sha11 be subject to revision at five (5) year inter- vals. ntervals. 4. Lessee covenants and warrants that Lessee either owns, or has obtained from the owner or owners thereof the right to use, any improvements now on the Premises shown or described on said Ex- hibit A as "Lessee's Existing Improvements." Such improvements", if any, together !with any ether i--- provements hereafter placed upon the Premises by or for account of Lessee are hereinafter called "Im- provements." 5. Lessee shall pay before the same became delinquent all taxes, charges, rates, and assessments which may, during the term of this lease, be leviers 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 embraced in the general amount of taxes charged upon the Premises separately or in connection with other property of Lessor and Lessor shall pay all of said taxes, then Lessee shall promptly repay or re. fund to .Lessor the amount or part of the tax, charge, rate or assessment equitably or fairly apportion- able to the Improvements. 6. Lessee shall use the Premises exclusively as a site for 7. Lessee shall beep and maintain the Premises and Improvements in such safe, sanitary, and sightly condition as shall be satisfactory to Lessor, and, if required by Lessor, shall paint the Improve- ments with paints of a color approved by Lessor; and if Lessee fails or refuses within fifteen (1.5) days after receipt of any request by Lessor so to do, Lessor may, at its option, perform such work, and in such event Lessee shall within thirty (30) days after the rendition of bill therefor reimburse Lessor for the cost so incurred. 8. In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon, Lessee shall comply with any and all requirements unposed by federal or state statutes, or by ordinances, orders, or regulations of any governmental body having jurisdiction thereover. In the event the Premises or Improvements shall be used for the loading, unloading, storing, or otherwise handling of any petroleum products, Lessee shall comply with all applicable 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 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 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 (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, patrons or invitees of Lessee in, on or about the Premises or Improve- ments, except that if Lessor shall participate 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 trach en- tirely 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 top of rail; but, nevertheless, for convenience in handling freight to and from cars on any railroad track 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 (3) 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, 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 Lessor 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 contained. 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 or transfer this lease or any interest herein, without the written consent and approval in each instance of 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. 13. 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 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 writ- ing upon Lessee; but any waiver by 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 (30) days' written notice of termination upon the other party, stating therein the date that such termination snail take 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 Mates mail, postage prepaid, addressed to Lessee at _ —�- 32400 Paseo Adelanto, San Juan Capistrano, California 92675 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 Atchi son_, Topeka - - and Santa Fe Railway at 1 Santa Fe Plaza, 5200 Sheila Street, Los Angeles. l 'f rnia 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 (30) days after the date of such termination to make such removal or restoration, then Lessor may, at its election to be exercised within thirty (30) days thereafter, either remove the Improvements and restore the Premises for the account of Lessee, and in such event Lessee shall within thirty (30) days after the rendition of bill therefor reimburse Lessor for the cost so incurred, or may take and hold the Improvements as its sole property. 17. If Lessee fails to surrender to Lessor the Premises, upon any termination of this lease, all the liabilities and obligations of Lessee hereunder shall continue in effect until the Premises are surrendered; and no termination hereof shall release Lessee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening; prior to the date of ter- mination or the date, if later, when the Improvements are removed and the Premises restored or Lessor elects to take and hold 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 heirs, legal representatives, successors and assigns of Lessee, and shall inure to the benefit of the successors and assigns of Lessor. IN WrI'NESS WH H O `, This lease has been duly executed in duplicate by the parties hereto as of the day and year first above written. Approved as to description: Chief Engineer. Approved as to Form: TIWAMM"N. TOFEK;i AND :w7AKTA `]E RAIWff OWFANY (Lessor) a M MAR�Z ANN DOVER, CITY CLERK 1' James S. Okazaki , City A drney CITY OF 6AN JUAN CAPISTRANO l� (Attaeh print here.) ( Lessee) . C' ) °(ao i) 141 ,xmoeq aq; oq pejapuuxng p I=Wp ur4mql gaqmaad aq; pu'v `--6T -- 6T ' -- ;o LW q; ;o gv poUao= & a mq 9T anal Smo2ato; aip ls%g owft Snm4nm saps aq L d M G b G � E o� i w 1 0 E E E � E C� C' ) °(ao i) 141 ,xmoeq aq; oq pejapuuxng p I=Wp ur4mql gaqmaad aq; pu'v `--6T -- 6T ' -- ;o LW q; ;o gv poUao= & a mq 9T anal Smo2ato; aip ls%g owft Snm4nm saps aq L f*M 1616 3tandcrd- ( bo ) LEASE OF LAND (Short: Tom) THM LFA3E9 Made as of , 19: between. Rtchis n ToDeka & Santa Fe Railway corporation (haminafter called "Ler'") , and Ci of Sanis ano (hereinafter . whether one party or more, ca Ued :-1j8&BW' ) - WiTNESSETH�That the parties hereto for the considerations herdnafter, expressed covenant sad agree as follows: 1. Lessor hereby teases .to Lessee, subjects to the rights ° and easements eivePt and, re- served; and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at or near San Juan Capistrano County of` Oran cig State o$ Ca 1 i fo rn i a __, outlined. in red coloring on the print hereto at-, tached, t - Cached, No 1 da marked "Exhibit X' and made a part hereof, for a. term. beginning on Jul Y I a and ending when this lease shall be terminated as hereinafter provided. 2. Lessor hereby excepts and: reserves the right, to be exercised by Lessor and by any other$ who have obtained or, may obtain permission or- authority from Lessor so to do, (a) to operate, maintain. re - new and relocate any and all existing. power, and communication lines and appurtenances and other 0 facilities of like character upon,, over or under_ the surface of the Premises 6 and (b) from time to Cixne to construct, operate, maintain, renew and relocate such additional. facilities of the same character � wig. not unreasonably interfere: with, the use of: the, Premises by Lessee for the purpose specified, 6 hereof. 3.. Lessee shall pay to, Lessor as rental, for the use of 'the Premises the sum of -0- Dollars ($ _ p _ ) per_ year �� payable in advance: Said: rental; shall be subject to revision at five (b) year, inter - vale.. 4. Lessee covenants and: warranta that Lessee either owns,.. or, has obtained from the owner or owners thereof the right=to use, any improvements now on the Premises- shown or described on said Ex. hibit A as "Lessee's Existing Improvements.", Such: improvements, if, any, together with. any other i=- provements hereafter placed upon the Premises by or for account of Lessee are hereinafter called "Im- provements." ii;. Lessee shall pay` before the same became delinquent all taxes, charges,- rates, and assessments which may, during the term of, this lease, 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 embraced in the general amount of taxes charged upon the Premises separately, or in connection with other property of Lessor and Lessor shall. pay all of said taxes; then Lessee shall promptly repay or rem o a fund to Lessor, the amount or part of the tax,. charge, rate or assessment equitably or fairly apportion- able to the Improvements. 60. lessee shall' use the- P exclusively as a site for.. landscaping °' 7'. Lessee shall keep and maintain the Premises and Improvements in such safe, sanitary, and fo sightly condition as shall be satisfactory to Lessor, and, if required by Lessor, shall paint the Improve- ments with paints of a color approved by Lessor; and if Lessee fails or refuses within fifteen (15) days after receipt of any request by Lessor so to do, Lessor may, at its option, perform such work, and in such ¢ event Lessee shall within. thirty (30) days after the rendition of bill therefor reim.butrse Lessor for the 10 cost so incurred. 8. in using the Premises, and in constructing,, maintaining, operating and using the improvements thereon; Lessee 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 Improvements shall be used for the loading, unloading, storing, or otherwise handling of any petroleum products, Lessee shall comply with all applicable 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 Prem- ises, remices, 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 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 (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, patrons or invitees of Lessee in, on or about the- Premises or Improve- ments, except that if Lessor shall participate 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- tirely ntirely 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 top of rail; but, nevertheless, for convenience in handling freight to and from. cars on any railroad track serving the Premises, the Lessee may install, use and main- ta.in (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= (3) 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, 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 therefarom$ and to reimburse Lessor for any sums which Lessor -may have been required to pay in the way of damages, fines; penalties or other expense resulting, in whole or in part; I from the failure of. Lessee to comply with any of the provisions hereinabove in this>: Section 10 contained.. 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 or transfer this lease or any interest herein, without the written consent and approval in each instance of 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. 13: 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 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 writ- ing upon Lessee; but any waiver by 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 (30) days' written notice of termination upon the other party, stating therein t e ate th inat. such termination shaff take pwand 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 hereunderto 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. 32400 Paseo Adelanto, San Juan Capistrano, California 92675 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 at 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, (30) days after the date of such termination to make such removal. or -restoration, then Lessor may, at its election to be exercised within thirty (3Q) days° thereafter; either remove the improvements and restore the Premises for the account- of. Lessee,. and: in such:: event Lessee- shall within thirty (30) days: after the rendition of bill therefor reimburse Lessor for the cost so incurred, or may take and hold the Improvements as its sole property. 17. If Lessee fails to surrender to Lessor the Premises, upon any termination of this lease,. all the liabilities and obligations of Lessee hereunder shall continue in effect until the Premises are surrendered; and no termination hereof shall release Lessee from any liability or obligation. hereunder; whether of indemnity or, otherwise, resulting from. any acts,. omissions or events happening prior, to the date of ter- mination or the date, if later,. when the Improvements. are removed. and the Premises. restored or Lessor elects to take and hold 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 heirs, legal representatives, successors and assigns of Lessee, and shall inure to the benefit of the successors and assigns of Lessor. IN Wr.MSS WBEREOF, This lues has, been: duly executed in. duplicate by the parties hereto as of" the day and year first above: written.. Approved as to description Chief Engineer. Approved as to Form: Qlll�. A 2� es 9. Okazaki, Eyty Attorney iM I (Attach print here.) (Lessor) (Lessee) .