Crushed Rock Storage Lease AgreementDUPLICATE 4RIkNAL-Lessee's Copy
Forza 2209C. S.
Diva *..:.:..lv a :.. �'?: �'.: � Laa Pep . _ No ' �
.......- Audit No. .........
LEASE
Date. THIS AGREEMENT, made and entered into this -....r``':.:. f....... '"x.....19.
Parties. by and between.... �.�.A�tZ....9 ..... .: :. ....--•--•- ......... -• ••........ .......COMPANY
a corporation of the State .......of---- .................... ......................... ------------ ------------------ ---(hereinafter called "Lessor") party
of the first part, and......................X ..OF .S"M .1...10�g�!k. of...l�ti1 .aft..-----•---•--••--..............------........
------.... •-•...................
.........
........:.....:.......................................-•--•--------..........-----•-----------------------.......-.............---•-••--•--------------------
(hereinafter called "Lessee"), party of the second part, WITNESSETH;
Section 1. The Lessor, for and in consideration of the covenants and payments hereinafter mentioned, to be
performed and made by the Lessee, hereby agrees to lease and let and does- hereby leaseandlet unto the Lessee
Term. for a term beginning on the %M.......................day of..sS 1 i -t i' .__.: d------ 19_ `.'I zid extending to the
....... .............:..day oJW%!;kX., ................1944 unless sooner terminated as herein provided,
Location. the portion of the premises of the Lessor.. d+ Q ! Vit$ ll3.0010A XT .... (Al ---- he f x..._....--
........................................ ....................... ....................................... . ................at.. UL ------•--•----- ---- -----------•-----
1. i�...........County- ---- . lL .........-, . ----•----•----
OR the Flat, 0 a 4ariaription, ax both, Leseto and --de a part , RESERVING,
however, to the Lessor the right to °place and maintain at prominent places on the leased premises signs adver-
tising Union Pacific Railroad Company.
Rental. Section 2. The Lesseeagrees to pay to the Lessor for the use of said premises, rental at the rate of
Three and no/100 �► ,.. . - - — - - — - � Dollars ($ •�'-- C? --- ---- --- )per
mouth
.............in advance. Acceptance of said rental in advance by the
ua
aanu�-payable.....APO .. O ......• --------------- .-----
Lessor shall not act as a waiver of its right to terminate this lease as hereinafter provided. It is agreed that
no improvements placed upon the leased premises by the Lessee shall become a part of the realty and the Lessee
agrees to pay, before the same become delinquent, all taxes and all assessments levied and assessed during the con-
tinuance of this lease upon any buildings and other improvements placed upon the leased premises.
Use of Leased Section 3. The Lessee covenants that the leased premises shall not be used for any other purpose than for
Premises.
.... t�r""g1l. o*rushed.6..�lA14k.1......................•--------•--------•-••--•---•-............---:.... .............. and agrees that if
the Lessee abandons the leased premises, the Lessor may enter upon and take possession of the same, and that a
Abandonment. non -user for the purpose mentioned, continuing for thirty days shall be sufficient and conclusive evidence of such
abandonment.
Lessee Not to Section 4. The Lessee agrees not to let or sublet the leased premises, in whole or in part, or to assign this
Sublet or lease without the consent in writing of the Lessor, and it is agreed that any transfer or assignment of this lease,
Assign. whether voluntary, by operation of law or otherwise, without such consent in writing, shall be absolutely void
and, at the option of the Lessor, shall terminate this lease.
Use for Section 5. It is especially covenanted and agreed that the use of the leased premises or any part thereof
Unlawful for any unlawful or immoral purposes whatsoever is expressly prohibited; that the Lessee shall hold harmless the
Purposes Lessor and the leased premises from any and all liens, fines, damages, penalties, forfeitures or judgments in any
Prohibited. manner accruing by reason of the use or occupation of said premises by the Lessee; and that the Lessee shall
Indemnity. at all times protect the Lessor and the leased premises from all injury, damage or loss by reason of the occupa•
tion of the leased premises by the Lessee, or from any cause whatsoever growing out of said Lessee's use
thereof.
Care of . Section 6. The Lessee hereby covenants and agrees that any and all buildings erected upon the leased
Premises and premises shall be painted by the Lessee a color satisfactory to the Lessor, and shall at all times be kept in good
Improvements. repair; that the roof of each such building shall be of fire -resistive material; that when such buildings are with-
out solid foundation the openings between the ground and the floor thereof shall be covered with fire -resistive
material; that the leased premises shall during the continuance of this lease be kept by- the ::Lessee -in a neat and
tidy condition and free from all straw, rubbish, or other material which would tend to increase the risk of fire,
or give the station grounds an untidy appearance; that none of the buildings or other structures erected on said-
premises
aidpremises shall be used for displaying circus posters or any signs or advertisements other than such notices and
signs as may be connected with the business of the. Lessee, and that such signs and notices shall be neat and
shall be properly. maintained.:
Claims and Section 7_ The Lessee shall fully pay for all materials joined or affixed to said premises, and shall pay in
Liens for full all persons who perform labor upon said premises, and shall not:pemit or suffer any mechanic's or material-
Laborand man's lien of any kind or nature to be enforced against said premises for any, work done or materials;. furnished
Material. thereon at the instance ,or request or; on behalf of the Lessee; and the Lessee agrees to, indemnify and hold harm-
less the Lessor from and against any and all liens, claims, demands, costs and, expenses of whatsoever nature.in
any way connected with or growing out of such work done, labor performed,: or materials furnished.
Section 8. No building, platform or other structure shall be erected or maintained and no material or ob-
struction of any kind or character shall be placed, piled, stored, stacked or maintained closer than eight. (8)
feet six (6) inches to the center line of the nearest track of the Lessor; PROVIDED, however, that in the case
of platforms not higher than four (4) feet above the top of the rail a minimum clearance of seven (7) feet three
(3) inches from the center line of the nearest track of the Lessor will be permitted; and PROVIDED further that
along and adjacent to, and for one car length beyond, those portions of track having a curvature greater than ten
(10) degrees the clearances hereinbefore provided shall, with reference to platforms four (4) feet or less .in height,
Clearances. be increased horizontally six (6) inches, and with reference to all buildings, platforms, structures and other' ob-
structions greater than four (4) feet in height shall be increased horizontally one; (1) foot; and PROVIDED fur-
ther that if by statute or order of competent public authority greater- clearances shall be required than those pro.
vided for in this Section 8, then the Lessee shall strictly comply with such statute or order. All doors, windows or
gates shall be of the sliding type or shall open toward the inside of the building or enclosure when such building
or enclosure is so located that the said doors, windows or gates if opening outward would, when opened, impair
the clearances in this, section prescribed.
Explosives and Section 9. It is further agreed that no gunpowder, gasoline, dynamite, or other explosives or inflammable
Inflammables. material shall be stored or kept upon the leased premises. Nothing herein contained, however, shall prevent the
storage of oil or gasoline upon the leased premises when the purpose for which the same are to be used, as indi-
cated by Section 3 hereof, contemplates such storage; nor the storage of oil or gasoline where same are used by
the Lessee for fuel in the business carried on by the Lessee on the leased premises, and are stored in quantities
reasonable for such purpose; PROVIDED, however, that in all of said excepted cases, the Lessee shall strictly
comply with all statutory, and .municipal regulations relating to the storage of such commodities.
No Construc- Section 10. The Lessee shall not locate or permit the location or erection of any poles upon the property of
tionsbyLessee the Lessor, nor of any beams, pipes, wires, structures or other obstruction over or under any tracks of the Les -
Over or Under sor without the consent of the Lessor.
Tracks.
Liability of Section 11. The Lessee shall be liable for any and all injury or damage to persons or property, of whatso-
Lessee for ever nature or kind, arising out of or contributed to by any breach in whole or in part of any covenant of this
Breach. agreement.
No Other Section 12. No railroad company other than the Lessor shall be allowed to use any track owned or built by
Railroad to the Lessor now or hereafter upon or extending to any part of the leased premises, without the permission in writ.
Use Tracks. ing of the Lessor.
Fire Damage Section 13. It is understood by the parties hereto that the leased premises are in dangerous proximity to
Release. the tracks of the Lessor, and that by reason thereof there will be constant danger of injury and damage by fire,
and the Lessee accepts this lease subject to such danger.
It is therefore agreed, as one of the material considerations for this lease and without which the same would
not be granted by the Lessor, that the Lessee assumes all risk of loss, damage or destruction of or to-buildings.or
contents on the leased premises,' and of or to other property brought thereon by the Lessee or by any other person
with the knowledge or consent of the Lessee, and of or to property in proximity to the leased premises±:when con-
nected with or incidental to the occupation thereof, and any incidental loss or injury to the business of the Les-
see, where such loss, damage, destruction or injury is occasioned by fire caused by, or resulting from, the opera-
tion of the railroad of the Lessor, whether such fire be the result of defective engines, or of negligence on the part
of the Lessor or of negligence or miscotftet on the part of any officer, servant or employe of the Lessor, or other-
wise, and the Lessee hereby agrees to indemnify and hold harmless the Lessor from and against all liability,
causes of action, claims, or demands which any person may hereafter assert, have, claim or claim to have, arising
out of or by reason of any such loss, damage, destruction or injury, including any claim, cause of action or de-
mand which any insurer of such buildings or other property may at any time assert, or undertake to assert,
against the Lessor.
Water Section 14. The Lessee hereby releases the 'Lessor from all liability for damage by water to the leased prem -
Damage ices or to property thereon belonging to or in the custody or, control of the Lessee, including buildings and con -
Release. tents, regardless of whether such damage be caused or contributed to by the position, location, construction or
condition of the railroad, roadbed, tracksrbridges dikes, ditches or other structures of the Lessor.
Termination Section 15.It is further agreed that the breach of . any covenant, stipulation or condition herein Con -
on Default tained to be kept and performed by the Lessee,:shall,, at. the option of the Lessor, forthwith work a termination
of this lease,'and all rights of the Lessee hereunder; that no notice of such termination or declaration of'for-
feiture shallbe required, and the. Lessor may at -once re-enter 'upon 'the leased premises and repossess itself there-
of and remove all persons therefrom or may resort to an action of forcible entry and detainer, or any other ac-
tion to recover the same. A waiver by the Lessor of the breach by the Lessee of any covenant or condition of
this lease shall not impair the right of the Lessor to avail itself of any subsequent breach thereof.
Termination Section 16. Anything herein to the contrary notwithstanding, it is further agreed that this lease is made
by Notice. upon the condition that the Lessor may, at its option, determine and end the term hereby created, by giving to
the Lessee thirty (30) days' notice in writing to vacate and surrender the leased premises. Said notice may be
given by serving the Lessee personallor by posting a copy thereof on the outside of any door in any building
upon the leased premises or by mailinj said notice postage prepaid to the Lessee at the last address known to
the Lessor.
Vacation of Section 17. The Lessee covenants and agrees to vacate and surrender the quiet and peaceable possession of
Premises. the leased premises at the expiration of the term hereof or at any time prior thereto after the Lessor shall have
given to the Lessee the notice provided for in Section 16 hereof. Within thirty (30) days after the termination
Removal of of this lease, howsoever, the Lessee shall remove from the premises all structures and other property not belong-
Iiessee's ing to the Lessor, and shall restore the surface of the ground to as good condition as the same was in before
Property. such structures were erected, all at the expense of the Lessee. In case of the Lessee's failure so to do, all such
structures and other property shall, upon the termination of said thirty (30) days, become and thereafter re-
main the property of the Lessor.
See. 17 (a) A tract of land = toot (in an easterly and
wosterlg d.lrootion) by 1400 feet fln a northerly and southerly
d%roa ion) , containing 25W sq. ft. j, the southerly lf.no of which
10 parallel with and 27foot distant northerly, at riot angler,
from the norr%herl lino (produced) of Ash Street, Salina gao as,
and the Zarterlf line of which is parollol with and d.5 feet
distant westerly from, tho 04Mter line of the Lossore a most
westerly toss track.
Special
Provisions.
Successors Section 18. It is further agreed that by the word "Lessee" is meant the party or parties of the second part
and Assigns. herein and signing this agreement, and his, its, or their heirs, executors, administrators, successors or assigns, and
that all of the terms and conditions of this agreement shall inure to the benefit of the Lessor, and its successors
and assigns or any railroad company whose line of railroad the Lessor may be operating under any arrange-
ment of any kind or nature whatsoever.
IN WITNESS WHEREOF, the parties hereto; have caused this instrument to be executed, the day and year
first herein written.
Witness:101
.................................BY --
affix S*al
CITY OF SAIJUAs
C
RESOLUTION Nm ER 813
waams, the ustox nornoSAUAWAV OMWAXY has
Under" to the CITY Of ULZOAt feat* Of X=*&$, 4, 104"
(Iteremit ear referred to as *&9r#*a#A%*)# 00TOrIA9 a P*rti*A
of the prealses of the R*Ilroad Cmp*Ay to be used for the
storage
ip
VMEREAST_tho%=O*Ma 0 i.e City of
has said proposed agreement before it and has Fiven it care-
ful review and consideration; and
:V-1HRREA,S, it is considered that the best interests
of said City of Aft)LIAM will be
subservedby the acceptance of said aFreement;
THEREFORE, BE IT ',RESOLVED BY TILE NRA
*66� SIORM OF M CITY OF MINA# SALINZ COUNTY, KANSAS
That the terms of the agreement submitted by the
Union Pacific Railroad Company as afor*esaid be, and the same
are hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized,
empowered and directed to execute said agreement on behalf
of said 'City, and that the City Clerk of said City is hereby
authorized and directed to attest said agreement and to
attach to each duplicate original of said agreement a certi-
fied copy of this resolution.
STATE OF
ss
COUNTY OF
I, Chas City Clerk of the
City of 11A —9 hereby
certify that the above and foregoing'is a tru f1jIl and
f'
correct co y oa resolution adopted by ttlp AO"a" of the
City of wsii)a at a meetinf,
held according to law at
on the 15th day of September
as the same appears on file and of record. in this office.
IN TESTIMONY 111HEREOF, I have hereunto set my hand
and affixed the corporate see of said City, this15th
day of September
(Seal) C, Clea L of the City of
C
qw�
RNSOLUTION 799 L
1 :: f�'s18� 110 1N�.�'t110 ,IILiL110Al1 O�,LxI iso 1/ad1�M 'N
as Orl? aR : OMlo at, mm"61, 61 a .Kta, usaft" ".!r at laii�t
&%M! 14 . too 08: laft, ol:. 1001. oift" lam &A" My to , l"4
oetislf=;a. �a�<,;ol•lM,n�llK..1ho�lhoal �• !o x,11
01660 Ml t we dont op. ti Lit. NO., sai, *1 t -36.'.00a10,
vivo* 16. ems aw
Board of, Ga missionera
WHEREAS, the of the City of ealiaa : Ls"s
has said proposed agreement before it and has–given care-
ful review and consideration;. and
WHEREAS, it is considered that the best interests
of said City of solids will be
subserved by the acceptance of said agreement;
Board of Co=Ueloners
THEREFORE, BE IT RESOLVED BY THE 39181855 OF THE
CITY OF - eolime salft* 0Oalr9 182m9
That the terms of the agreement submitted,by the
Union Pacific Railroad Company as aforesaid be, and the same
are hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized,
empowered and directed to execute'.said agreement on behalf of
said City, and that the City Clerk of said City is hereby
authorized and directed to attest said agreement and to at-
tach to each duplicate original of said agreement a certified
copy of this resolution.
STATE OF MNoss ) P/ , 0" &
) ss x
COUNTY- OF saliao ) /r
City Clerk of the
City of , hereby
certify that the above and foregoing i$, ,
!correct copy of a resolution adopted by a o t e
ICity of 9SU369 , at a meeting
held according to law at ftlimt MNLO" ,
on the 30 day of, 199(J ,
i'as the same appears on file and record n t s o face.
!: IN TESTIMONY WHEREOF, I have hereunto set my hand •
Land affixed the corporate seal of said City, this--Lf--11
i', day of 1_a , 1940 .
(Seal) City_erk of t118 City Of
e zmwm
C
,,es 0'/3
1 - r .vow yr ry 4tja vvaYvllY oYYi. 19V Or " -- -C- . . ,,
NO ratlL twiia T ,:�y
Between c�Ariit ie.f111fTAi�lg.y .....««.......«..«. .... «......
and......... « .� a �41� :1 '« ! ............. ........«..... ... ...........««....... ............
Assignments—Date....«........................Name -of assignee .«............... «....«..:..........................« «..........«.
.. ..I.. .............
Date., ............ ................ Name of assignee .................. «... _...............................................................................
Covering il�e'o! rite for storage of "Ok.
Location Sii.1a IWIRe 06wmty,• Seneas•.
AEffective......«...Expiration (Original)..M... 1ba. 1040
Expiration (by latest extension)............................................................ ..................................
:.............................................
Supplements, indluding extension riders—Dates ................................................. ......................«.........._......_
IT I8 HEREBY MUTIIALLY AGREED by and between the present parties to the above named agreement that the
term thereof shall be, and is hereby, extended to and Includin ......Al?IB.VS4.....j....„.„... ..., 19and that all the terms
and conditions thereof, as heretofore (if Supplements to the original agreement are Indicated above) or herein (if any special
provisions .are written below) amended, shall remain in full force and effect during the extended term, said agreement with
the amendmonts and supplements (if any) to be subject to termination prior to the expiration of the extended term in the
Sam. manner as is provided therein for termination prior to the expiration of the term hereby extended.
Special Provisions:
Datod....................i. ..... F40]&ade in duplicate.
Witneas :------ W101i. PARIFIC . RAILROAD „OOMPASY
..................................
....................... ,,/ .r By ..... ...«.................................._.. I ....:.. ............................
.........................._.._9W......_ ..... .
Witness: CITYB�
_._.................................. . .............................. ...... t%.
.......,(~...................................... .
Attest gayf
Oity 0 erk (Atli:
SMI)
( Seal) City Clerk� e City of
ftlift• •
C