Ordinance 1969CITY OF ALAMEDA ORDINANCE NO. 1969
New Series
AUTHORIZING THE EXECUTION OF A LEASE OF CERTAIN TIDE
AND SUBMERGED LANDS TO ENCINAL INDUSTRIES, INC., A
CORPORATION, APPROVING THE FORM AND TERMS OF SAID
LEASE, AND CANCELING A CERTAIN LEASE BETWEEN THE
CITY AND ALASKA PACKERS ASSOCIATION
WHEREAS, pursuant to Ordinance No. 911 N.S., passed
March 4, 1947, the City granted to ALASKA PACKERS ASSOCIATION,
a corporation, a lease of certain tide and submerged lands
situated in the City of Alameda for a term of twenty -five (25)
years; and
WHEREAS, by its Resolution No. 7891, adopted March 7,
1972, the City acknowledged the exercise by said Alaska Packers
of its right to renew said lease for a further term of twenty -
five (25) years, commencing April 5, 1972 and ending April 4,
1997; and
WHEREAS, on April 30, 1976, Alaska Packers did, by
Assignment of Lease, assign, transfer and convey unto Pan America
Industries, Inc., a California corporation, all of its right,
title, estate and interest in and to said lease; and
WHEREAS, on September 30, 1977, Pan America Industries,
Inc. became Encinal Industries, Inc., pursuant to an amendment
to its Articles of Incorporation; and
WHEREAS, a proposal has been made to enter into a new
lease with Encinal Industries, Inc., which will increase the
annual rental payment and provides for a term of twenty -five (25)
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years commencing on April 5, 1979, and for the right of renewal
of said lease for an additional term of twenty -five (25) years
commencing on April 5, 2004; and
WHEREAS, the Council of the City of Alameda has con-
sidered this matter and believes it to be to the best interests
of said City to cancel the existing lease and to enter into a
new lease with Encinal Industries, Inc.; and
WHEREAS, a form of lease, entitled Encinal Industries
Lease, containing the covenants and agreements to be agreed upon
by and between the City and Encinal Industries, Inc. has been
prepared and submitted to this Council and filed with the City
Clerk, and said Council is aware of and approves the contents
thereof;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF ALAMEDA that:
Section 1 . The form of lease referred to in the preamble
hereinabove, and the terms, conditions, covenants and agreements
contained therein be, and the same hereby are, approved.
Section 2 . The lands described in said form of lease
be, and the same are hereby leased to Encinal Industries, Inc.,
a corporation, upon the terms, covenants, agreements and pro-
visions contained in the form of lease submitted to this Council
and filed and approved as aforesaid.
Section 3 . The Mayor of the City of Alameda is hereby
authorized and directed to execute, and the City Clerk to attest,
as the act and deed of the City of Alameda, a lease substantially
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in the form and containing the terms, covenants, agreements
and provisions set forth in the aforesaid form of lease.
Section 4. Upon the execution and delivery of said
Encinal Industries Lease, that certain Lease between the City
of Alameda and Alaska Packers Association dated April 5, 1947
shall cease, terminate and be deemed canceled.
Section 5. This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from the
date of its final passage.
Presiding "Officer of the Council
Attest:
City Clerk
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I, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of Alameda
in regular meeting assembled on the 17th day of April, 1979, by the following
vote, to wit:
AYES: Councilmen Diament, Sherratt, Stone, Tillman, and
President Corica, (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 18th day of April, 1979.
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City Clerl: of the City of Alameda