The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-13

agree to pay the said party of the first part the
SAID rent in the manner hereinbefore specified !;
and that at expiration of said term, or other
termination of this lease, the said party of the
second part will quit and surrender the said
premises in as good state and condition as rea-
sonable use and wear will permit; and that all
Improvements and structures erected by said
party upon said land herein demised shall re-
vert to and become the property of the State
of California upon the expiration or termina-
ton OF this lease, with the right TO it to do and
perform the matters and things hereinbefore
specified.
And the said party of the second part does
hereby further covenant, promise and agree
that it will not assign the lease nor transfer to
any other person or corporation any right or
privilege conferred on the party of the second
part by this lease, and that said demised prem
1ses shall be used solely for the purposes of the
terminal facilities OF the said party of the second
part, and for no other purpose whatever. And
the said party OF the second part does hereby
further covenant, promise and agree that it
Will proceed within six months from the date
hereof to improve said demised premises as
and Tor the use for which the same is demised,
to wit: For the terminal facilities in the city
and county of San Francisco for its railroad,
and will proceed thereafter, with reasonable
diligence, to construct such improvements,
and that said party of the second part will pro-
coed within six months from the date hereof to
constru- its railroad, and shall proceed there
after with reasonable diligence to construct,
equip and operate the same.
And that any assignment by operation of law
shall at the option and election of the party of
the first part render this lease void and termi-
nate all rights under it.
1t is agreed by and between the parties to
this lease that nothing herein contained shall
be construed to affect the right of the people of
the State of California or the Board of State
Harhor Commissioners, or any successor or
successors of said Board of State Harbor Com
missioners, from collecting dockage and tolls at
the rates and charges established by said
Board OF State Harbor Commissioners, its sue
eessor or successors, at any seawall, pier, slip
or wharf constructed in or about said demised
premises.
1t is further agreed by and between the
parties hereto that this lease is made and re-
ceiVed upon the condition that the party of the
second part will perform all the covenants,
conditions, promises and agreements in this
lease contained in its part to be performed.
Provided that nothing herein contained shall
ever be construed to give to the second party
the right to any dockage and toll facilities
either at or upon the harbor embankment line
as established by law, or within said line, or
upon any part of the within described premises,
without payment to the first party or the Board
of Harbor Commissioners OF the rates hereto
fore or hereafter to be adopted.
After the meeting Governor Budd stated
that he would leave the city to-day. but
would return toward the end of next week
and with the Mayor and the board receive
the report of the committee. sThree attor-
neys and President 'Colnon now have the
matter in hand" said he, land with the
assistance of Mr.. Preston they can, no
doubt, come to a conclusion in that time.
If not will come to the city as soon as
they are ready to report. In the amend
ment are embodied some suggestions made
by me, and we all pretty well understand
the matter now, but we desire that the
lease shall have every legal safeguard
thrown around it. l think that the lease
will be signed within week or ten DAYS"