P-NO NUMBER 7 (2)
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AGREEMENT
THIS AGREEMENT, in duplicate, entered into
this day of October, 1961, by and between the
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CITY OF SANTA MONICA, a Municipal corporation, herein-
after called First Party, and R. J. SUTHERLAND, in-
dividually and as trustee, hereinafter called Second
Party,
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WHEREAS, there is presently pending that
certain eminent domain action entitled City of Santa
Monica, a Municipal corporation, Plaintiff, vs. Rubin
Silber, et al., defendants, SCC No. WEC965; and
WHEREAS, by said eminent domain action First
Party seeks to acquire from Second Party the real prop-
erty, including all improvements thereon pertaining to
the realty, described in the Complaint in said action
as Parcel 11; and
WHEREAS, the acquisition of said Parcel 11
will require the severance of an existing building
located partially on said Parcel 11; and
WHEREAS, it is the desire of First Party and
Second Party to settle and compromise their differences
in connection with said eminent domain proceeding,
NOW, THEREFORE, in order to settle and
compromise their differences in the above referred to
litigation, First Party and Second Party mutually agree
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as follows:
1. That Second Party will remove from that
certain land, moreparticularly described in the above
referred to eminent domain action as Parcel 11, the
portion of said building located partially on said
Parcel 11 and partially on the remainder of said Parcel
11 prior to the 6th day of November, 1961.
2. That Second party's obligation is limited
to the removal of said building from Parcel 11 and said
Second Party is not required to remove any other improve-
ments on the said Parcel 11. First Party may remove any
improvements or materials left on the said Parcel 11 by
Second Party and if done in a non-negligent manner,
First Party shall not be liable for any damages caused
to Second Party's remaining property.
3. That First Party will pay to Second Party,
or his assigns, the sum of $20,000.00.
4. That after the removal of said building
Second Party will convey to First Party the real prop-
erty described as Parcel 11, except all oil, oil rights,
minerals, mineral rights, natural gas, natural gas rights,
and other hydrocarbons by whatsoever name known, below
the depth of 100 feet, together with the perpetual right
of drilling, mining, exploring and operating therefor
and removing the same from said land or any other land,
including the right to whipstock or directionally drill,
mine, tunnel or shaft into, through or across the sub-
surface of said Parcel 11, and to bottom such whipstocked
or directionally drilled wells, tunnels and shafts under
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and beneath or beyond the exterior limits thereof without,
however, the right to drill, mine, explore and operate
through the surface of said upper 100 feet of the sub-
surface of the land described as Parcel 11.
5. Time is of the essence of this agreement.
IN WITNESS WHEREOF, the parties hereto have af-
fixed their hands on the day and year first above written.
Subject to interpretation
as set forth in letter CITY OF SANTA MONICA,
to Albert J. Day of a Municipal Corporation
November 1, 1961.
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BY~
M. M. King
Acting City Manager
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R. J. SUTHERLAND
Approved as to form this
] ~t day _of November, 1961.
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Asst.Cit~ .~ey
This is subject to interpretation as
set forth in letter to Albert Day, Esq.,
of November 1, 1961.
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