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Ordinance 0368ORDINANCE NO. 368 New Series Authorizing and providing for a lease of three hundred and forty-six acres of tidelands on the western waterfront of the Cityof Alameda for use as an airport, aircraft factory and aviation school, and carrying on a general aviation business. Alameda City Ord inances O rdinance �e 8 New Series the rip'L1 att aaiy time after Janu- ( OVER ) Alam it O rdinances O rdinance Seri 3 � Ne .� @TI @5 (Contisaueci from greeeed - Ing Page)' payment of all rentals due, and pay- able at the date of such a rmina- rion. 1ri such case they shall have the right to remove :ill their ma chinery and other property .from said land, and be undor no further obligation to pay rent hereunder;? provided that it, such event all im provements <,ci list ructtd on sai(I : and by the said lessees or their corporation as;3ig11ec, kilt it) the, 011,10 Of suchaertnirratwn except as here- jrrb ^rare provided, shell revert to' ant} becc,me thegproperty of the cit " s ave and estegt aria structures rvinch may have been erected on said land by tiny oil'(" person or corporation, 'rche shall have the op tiou to remove same rcithill one year, paying 11,10 s arrii rental as theretofore pant to 1 es sc c s, or to ne- g otiale v"Alr u!ic City' loo a ,lease as to all or airy p;rrt: of she" land' hereby ;leased. AIRPORT JJOW :t1sCINTe \7NI+D fd) h0 lessees a1, 4eree it all times to uraint'till said airport in a nienner approved by the, best:'avia tion practice rind with due rc Ward to the safety of persons and :prop- :.. erty. For th<rt purpose it, is a' that the lessees shall have th( :.i hh1- to fence said broperty and to c elude at, persons frcirn such nor` tions thereof as may 1) e deC EA dangerous; provided, that any rc -' credited repx.acnttttive, of the 'cii.y" or any official.: in the b,Lrge,;of his duties may OnLer up- e,n s aid l land at any time,, if, bef r,c entering said prohibited ax" he stall ita,ve notified said lessees or their agents in advance of )i s dc sire so l< to chi. I,M ISTSED AIRCRAFT ONLY (r) It is feather• agreed that any xud all aireraft, operated toy lesees or any other person er eol'uoration . upon s ad a,rport sba,ll lie liceens d under the hr.ws : 'a tI,,,uniled; :States and this state. if sach liceasee`be ru> cessary, and shall bey subject. to the rc,g of the Department of C;,ornnie •ce of the United States and such local regulations as, from time to time. ruby be authorized by law. AIRCRAFT :MECHANICS ON RAND (s) It is agreed by lessees that there 'Shall be maintained it. said airport: at all times daring the life of this lease or any renewal thereof one or'morr aircraft, mechanics duly and ref;ularlyregistered and "licen- sed by the Depa.rin ent of Com- nieree'of the 'United .Staters, in order . that any aircraft which may ;arrive at said airport at any time 'during the night or day tray >receive ;speedy - and adequate' service, which day and ii ht service Lessees expressly zre;ree ? to render at reasonable, c 1 arges therefor. MANAGEMENT AND ACCOUNTING (t) It' is agreed that said " edty" at its option, shall be entitled to appoint' one member of the 'board' of directors (of said corporation or -'` ganized by the lessees for the; purr- Pose of operating and carrying on the business defined 'herein, such' director to be appointed by the city Council :: of said "city also that an annual °financial statement and re port, showing all the receipts and expenditures of said airport and tile' lands hereby ;dmised, shall be sub- mitted ``January first each year, or within thirty ;(30) days thereafter, to the city council oC Alameda, and that said city ;shall have the right,, at its own expense, to have the books and accounts of: lessees aud ited at any time by an cxp( ac- countant. COVENANT TO PAY RENT' (u) It is hereby agreed and un derstood that if the money rental' above, reserved' or any part thereof :ball not be Maid on the respective' days when the, '. sane is payable, or Avithin - en (10) days thereafter, or if default shall be made in any of the, covenants herein contained oil, the part of the said lessees to be paid, kept or ;licrforrned, then and from thenceforth it shalt and may be lawful for ` the "city" to ] enter1 tarpon the said premises, and every: part thereof, and to have .again;:. . repossess, and ienjoy the same '. as in its first: and former estate, anything, hereinbofore contained to the tort Crary notwithstand[ rig. And the lessees' do hereby covenant and .agree to and with the "city" that they shall and will - annually, as aforesaid, during the said term, pay: or cause to be,'paid, unto the, "city'; the resit, on the days and in the manner limited and ;prescribed as aforesaid for the payment thereof, without any deduction, fraud, or de- lay, according to the true intent and ineaning of these presents; and that on the last [day of said term, at other sooner 'determination of the estate herein ;granted, the said des sees shall and will peaceably and quietly leave„ surrender and yield up unto said `city" the said prem- ises a,nd improvemonts in as'. goad state and condition as the saute are now or may be nut into, reasonable use and wear thereof and damages by the elements excepted. ARBITRATION (v) In the event that the parties hereto should': at any time not be able to agree as to the meaning of the terms or covenants contained in any suction of this ':lease ore :. upon any of the prices to be paid, one to' the other, under the terms here- of, then and in that case each of S id Parties Shall appoint a disinter- (Continue(l on 11ext page) Ordinance Na. 368 Alameda City Ordinances New Series est-d arbitrator and/or appraiser, to 0� eterMine the matter in question; 8 u(I in case the two persons thus a u 0 agree, pp int d sha be unable to , they in turn sloill appoint ra third, and the decision of any two of them shall be final and conclus (w) Bed the -s pee "city" hereby c()vellauts and agrecs tha" the said Jesse 'e S paying the said rent and Performing the covenants a n d agreemcui s aforos�ild. shall and may at t 1,11 times during the saod term, peaceably 'and quietly hive, hold, and enjoy the said premises, with- out any manner of let, suit trouble or hindrance of or from t he Said city. (x) Anything berehl to tile con trary notwirl'standlug, it is olu- lually understood and agroed that the amounts herein provided tribe prthl, by the lessees sl- ' all be the full arnount of such rental and any and all , taxes levied against the ]ease hold horelly created. 9_'AXA'PION OF IMPROVEAIENTS (y) It is agreed that all struc- t 11 Val i on the land herein - demised' shall be subject to taxation unless exempted h­y law. (Z) It is herchy mutually ag flt,it the lease of sixty-six , 1 - (66) acres of tho aforedescribed lands made and c,nterod into with lessees September 20, 1927, be and the same Avid be depined cancelled upon thL lease go- in,- that.. , into cffect; provided, the Unearned portion of th rental theretofore paid under the said lease shall be credited upon the rental. payable hereunder for the first year of said term. It is further agreed that all the provisions of this lease shalt extend to and Include the, suer oessor, and assigns of said "city x and the eecutors, adininistnai,ors, successors and assigns of the lc IN WITNESS WHER.EOF, the said parties have hereunto set their hands oil the, day :end year first above written. CITY OF ALAI\ Dv ---------- - -------- - - ­­­ - Nlayor. ATTEST: Cit C le r k . ----------------- Sec. 2, 'flie mayor of the City of Alameda is hereby authorized and directed to executo and deiiver the roregoing lease for and on behalf of said "city," and the city clerk is direr ed to attest the same, as soon as this ordinance becornes effective. See. 3, This ordinance shall go into full force and effect sixty (60) days from and after its final pas- sage. Adoptud and passed by the Coun- ell of the City of Alaracda, the 5th day of Julie, 1928. FRANK OTIS, Presiding Officer of the Colleen. I, the undersigned, hereby certify ll r that the foregoing Ordinance w a s duly and regularly adopted and passed by the Council of the City of Alameda, in regular meeting as- sembled on the 5th day of June, 1928, by the following:: vote, to-wit: AYES: Councilmen Calcutt, Lath- am, Neiss and Noble, (4). NOES: Council-President Otis, M. ABSENT: None. IN TESTIMONTY WHEREOF, I have hereunto set my hand and af- fixed the official seal of said city* this 6th day of Julie, 1928. WM. J, LOCKE, City Clerk pro tem of the City of Alameda. (Seal). Publish June 8, 1.928.