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Resolution 01427RESOLUTION NO. 1427 A RESOLUTION CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF ALAMEDA," STATE OF CALIFORNIA, ON TUESDAY, THE 5TH DAY OF NOVEMBER, 1929, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF BID CITY A PROPOSITION TO LEASE CERTAIN TIDE AND SUBMERGED LANDS FOR A YACHT HARBOR. WHEREAS, ALAEBA AIRPORT, INC., (hereinafter called the "lessee") has made application for a lease of FIFTY (50) acres of tide and submerged land on the western waterfront of the city for establishing and conducting a harbor for sea planes, amphibians, speed boats and other watercraft, which said harbor is to be used es an adjunct to the airport now being developed and operated by lessee; and ZHEREAS, in part consideration for the lease of said 50 acres, lessee offers to surrender, yield up and return 52.64 acres of land on the eastern side of said airport which he now holds under lease from said city; and WHEREAS, the city council has duly considered said application and has decided to submit the proposition to the electors of the city under and pursuant to the provisions of the constitution and general laws of the state re- lating to the initiative and referendum, NOW THEREFORE, be it resolved by the Council of the City of Alameda as follows: Section 1. A special election is hereby called and ordered to be held in the City of Alameda, State of California, on Tuesday, the fifth day of November, 1929, for the purpose of submitting to the qualified electors of said city the pro- position of enacting an ordinance respecting the leasing of said tide and submerg- ed lands, which ordinance, in words and figures, is as follows: ORDINANCE NO. New Series. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE LEASING OF 50 ACRES OF TIDE AND SUBMERGED LAND ON THE WESTERN WATERFRONT OF THE CITY FOR A YACHT HARBOR, IN EXCHANGE FOR 53 ACRES MOPE OR LESS OF SUCH LAND AT THE EASTERN END OF TEE AIAMEDA AIRPORT. Be it ordained by the people of the City of Alameda as follows: Section 1. That fifty (50)acres of tide and submerged land be leased to the Alameda Airport, Inc., for the purposes hereinafter specified, for a period of twenty-five (25) years from and after the 7th day of August, 1929, with the option of renewal for an additional period of twenty-five (25) years; and that in words and figures, said lease be substantially in the following form, to-wit: (a) THIS LEASE, made and entered into on the ..... by and between the CITY OF ALA1EDA, a municipal corporat ornia, Lessor and party of the first part, (hereinafter ALAMEDA AIRPORT, INC., a corporation organized and exist State of California, Lessee and party of the second part "lessee"), 0 ITNESSET H: day of 1929, ion of the State of Calif - called the "city"), and ine under the laws of the (hereinafter called That said city, for and in consideration of the rents, covenants and agreements hereinafter mentioned, to be paid, kept and performed by said lessee does by these presents demise and let unto the said lessee all that certain piece or parcel of land situate, lying and being south of the Alameda Mole, in the City of Alameda, County of Alameda, State of California, and more particularly de- scribed as follows: (b) Commencing at a point, on the United States Bulkhead Line, said point being distant due south thereon 202.1 feet, from point "2", as said line and point are delineated and so designated upon that certain map entitled "Harbor Line Survey, San Francisco Bay 1910, Sheet No. 6" on file in the United States Engineers Office, Custom House, San Francisco, and running thence N. 730 58' W. 409.95 feet to point of commenoement, said point being the Northwest corner of that certain piece and parcel of land leased by the City. of Alameda to Captain Chadwick Thompson and V. G. Skinner, August 7, 1928, thence following the westerly boundary of said leas- ed parcel of land S. 16° 02' W. 1000 feet to a point; thence S. 10° 58' E. 2244.65 feet to a point, being the Southwest corner of said leased parcel of land; thenoe along the southerly boundary of said leased parcel of land S. 730 58' E. 685 feet to a point; thence S. 720 20' 36" W. 1027.9 feet to a point; thence N. 88° 52' 37" W. 385 feet to a point; thence N. 2° 12' 18" W. 3681 feet to a point; thence 3. 85° 39' 11" E. 385 feet to a point; thence N. 88° 20' 49" E. 312.97 feet to the point of commencement. Containing 50 acres more or less. (o) TO HAVE AND TO HOLD said lend with the appurtenances for a period of twenty-five (25) years, from and after the seventh day of August, 1929, with the option of a further and additional period of twenty-five (25) years thereafter, upon the terms, conditions and covenants herein specified. (d) IT IS AGREED that said land may be used for any or all of the pur- poses specified in the lease heretofore granted by the city to Chadwick Thompson and Virgil G. Skinner, under date of August 7th, 1928; also for the construction and maintenance of a harbor for air and water craft, and the erection and maintenance of a club house or club rooms for the owners, oper- ators, employees or guests using such craft; also for the erection and main- tenanoe of such other struotures as may be necessary or convenient for carry- ing out the objects of this lease, and such other purposes as may from time to time be permitted by said oity. (e) In consideration of being granted a lease of said 50 acres of tide and submerged land on the western waterfront as 'aforesaid, lessee agrees to surrender, yield up and return to the city all that certain piece or parcel of land situate, lying and being south of the Alameda Mole, in the City of Alameda, State of California, and more particulerly described as follows: Commencing at a point on the United States Bulkhead Line, said point being distant due south thereon 202.1 feet from Point "K", as said line and point are delineated an8 so designated upon that oertain map entitled. "Harbor Line Survey San Francisoo ;I:, 1910, Sheet No. 6" on file in the United States Engineers Office, Custom House, San Franoisco, and running thence S. 73° 58' E. 4190.05 ft. to the point of beginning, said line being parallel with and distant south- erly 122.7 ft., measured at right angles from the center line of the South Pacific Coast Railway Oompany's right-of-way; thence S. 10° 58' E. 3367 ft., to a point; thence N. 730 58' W., 1528.6 ft. to a point; thence N. 160 02' E., 3000 ft., to the point of beginning. Containing 52.64 acres of land. It is expressly agreed and understood that the surrender and return of said 52.64 acres of land in exchange for said 50 acres thereof shall not absolve or remit the payment of $12,000.00 per year or any portion thereof, for the remainder of the land leased to Chadwiok Thompson and Virgil G. Skinner under date of August 7, 1928; on the contrary, in consideration for making said exchange, lessee agrees to pay lessor an additional One Dollar per year over and above the annual rental of $12,000.00 aforementioned. Furthermore and as a still further consideration therefor, lessee agrees to reclaim, fill and grade, all of said fifty acres of land in the same time, form and manner as provided in the aforetentioned lease of August 7, 1928, now held by lessee; saving, excepting and excluding therefrom so much thereof as will have to be dredged and used for harbor purposes as aforementioned. (f) In the event that lessee should desire to exercise his option for the NOTICE TO additional twenty-five year period as herein authorized, he shall notify the oity to EXERCISE that effect at lease six (6) months prior to the expiration of the original period, OPTION after which he shall enter into a new lease for the additional period of twenty- five years, having like terms, covenants and agreements as herein contained, except as otherwise herein provided. SEVSRSION CF (g) IT IS MUTUALLY AGREED ND UNDERSTOOD that upon the expiration of the RECLAMATION original period of twenty-five (25) years, or prior abandonment of the leasehold, IIAPRO e • .TS all reclamation and dredging work done on said land shall revert to and become MADE DURING the property of the city, and be deemed a part of the rental for said original ORIGINAL period, as hereinbefore specified. TERM (h) IT IS MUTUALLY AGREED AHD UNDERSTOOD that upon the expiration of the original period of twenty-five (25) years, or prior abandonment of the leasehold, all structural and other improvements excluding dredging and reclamation work, shall, at the option of the city, either be purchaeed by the oity or be removed from said land by the owners thereof within sixty days after the termination of said ori inal.period. It is mutually agreed and understood further that in case lessee exercises his option of renewal as herein authorized, then the value of all DISPOSITION struotural and other improvements made on said land by lessee, excluding OF OTHER dredging and reclamation work, shall be credited to lessee upon a lease for the renewed period, and that while the rental for said renewed period shall MENTS. be such as may than be mutually agreed upon between the parties hereto it shall not exoeed that which other persons or corporations may then offer for a lease of said land for said period of renewal. RIGET TO (i) No assignment of this lease shall be made without the consent and ASSIGN OR approval of tha council of said city being first had and obtained. However, SUB-LET lessee shall have right to sub-let portions of said land for any one or more of the purposes herein specified; but no portionthereof shall be sub-let for any other purpose without consent of the city council. (j) IT IS UNDERSTOOD AND AGREED that the city shall have the right, at any time after January 1, 1940, to purchase said leasehold interest from lessee, PUBONASE together with the reclamation work and all improvements made up to the time of purchase for a sum equal to the historic cost thereof. (k) However, in case the city should exercise its option to purchase as LESSEE TO aforementioned, lessee shall have the exclusive right, at his option, to the RETAIN commercial use of said property for a period of ten (10) years thereafter, at RIGHT TO a rental of One Dollar (..;?'1.00) per year payable annually in advance; provided, COMMERCIAL in such case the lessee shall pay the expense of maintenance and repairs during USE said ten (10) year period, subject to reasonable regulation and control by the city. The words"commercial use" as herein used, shall be deemed to mean the leasing of space for storing air or water craft. (1) In the event that said city should, during inal period of this lease or any renewal or extension thereof, grant sail land to the United RIGHTS States Government, said grant shall be made subject to the rights of the lessee N DADA hereunder; and lessee shall have the right to continue in.possession of said OF NAVAL land for the full period of this lease or any renewal or extension thereof, or BASE to dispose of his leasehold to the United States Government on such terms end conditions as may be agreed upon between the lessee and said government. (m) In the event that said city should, during the original period of this lease or any renewal or extension thereof, desire to acquire the land herein demised for the development of a deep water harbor, and use said land in connection with the deep eaten frontage of the estuary, lessee agrees to vacate CONDITIONS said land and remove its improvements to another location on the tide and sub- UNDER WEIGH merged lands of said city, provided the city furnish him with a suitable parcel AIRPORT MAY thereof to the southward or southeastward of the land hereby demised, of the BE MOVED same general form, size and character as that which is then being used by lessee. And in connection therewith it is expressly agreed and understood that if such removal should be desired by the city for accommodation of some other private enterprise or industry, -,elen the entire cost of such removal shall be borne by the city, whereas, if the removal should be desired by the city for the develop- ment of its harbor as aforementioned, then the city shall pay the cost of remov- ing the permanent structures only, as the words "permanent structures" are defined in said lease of August 7, 1928. (n) It is mutually agreed and understood that in ease of the construction of a transbay bridge, having its eastern terminus on any of the land hereby demised, and a right of way is necessary over said land, lessee will not hold the city liable for any damages as a result thereof, but will seek relief solely from the person, company or corporation owning or controlling said bridge, and only then to the extent of his actual damage as determined by proceedings taken under and pursuant to the constitution and laws of the state. COVENAIJTD TO PAY (o) It is hereby agreed and understood that if the money rental above reserved or any part thereof shall not be paid on the respective days when the same is payable, or within ten (10) days thereafter, or if default shall be made in any of the covenants herein contained on the part of the lessee to be paid, kept or performed, then and from thenceforth it ahall and may be lawful for the city to enter upon the same premises, and every part thereof, and to have again, repossess, and enjoy the same as in its first and former estate, anything here- inbefore contained to the contrary notwithstanding. And the lessee does hereby covenant and agree to and with the city that it shall and will annually, as aforesaid, during the said term, pay, or cause to be paid, unto the city the rent, on the days and in the manner limited and prescribed as aforesaid for the payment ARBITRATION TAX EXUIPTION TAXATION OF IMPROV=ITS SAYE NAINTENANOE AIRPORT LEASE APPLIaeBLE thereof, without any deduction, fraud, or delay, a000rding to the true intent and meaning of these presents; and that on the last day of said term, or other sooner determination of the estate herein granted, the said lessee Shall and will peaceably and quietly, leave, surrender and yield up unto said city the said premises and improvements in as good state and condition as the same are now or may be put into, reasonable use and wear thereof and damages by the elements excepted. (p) It is further agreed that in case the parties hereto should at any time not be able to agree as to the meaning of any of the terms, covenants or conditions contained in this lease, or the amount of money to be'paid, one to the other, as herein provided, then and in that case each of said parties shall appoint a disinterested arbitrator or appraiser, as the case may require, to determine the matter in question, and if the two persons thus appointed should be unable to agree, they in turn shall appoint a third arbitrator, and the decision of any two of them shall be final and conclusive. (q) And the said oity hereby oovenents and agrees that the said lessee, paying the said rent and performing the covenants and agreements aforesaid, shall and may at all times during the said term, peaoeably and quietly have, hold,and enjoy the said premises, without any manner of let, suit, trouble or hindrance of or from said city. (r) Anything herein to the oontrary notwithstanding, it is mutually agreed and understood that the amounts of money rental herein speoified to be paid by lessee shall be the full amount thereof, inclusive of any and all taxes which may be levied against the leasehold hereby created. However, it is further agreed and understood that all structural improvements on the land herein demised shall be subject to taxation unless exempted by law. (s) The lessee agrees at all times to maintain said property in a manner approved by the best practice and with due regard to the safety of persons and property. (t) It is further agreed that all the provisions of this lease shall extend to and include the successors and assigns of the parties hereto. (u) It is mutually agreed and understood that said city shall have no power to recapture or remove the lessee from said premises, or alter the lo- oation of the property herein demised; or pursue any other remedy hereunder, unless at the same time the city shall pursue the same remedy against the lessee as provided by the terms of said lease of August 7, 1928, now held by lessee. All the provisions of said lease of August 7, 1928, not in confliot herewith, shall be applicable to this lease. (v) It is further agreed and understood that the surrender and return of the said 52.64 acres of land at the eastern end of the airport aforementioned which is to be returned to the city as part consideration for granting of this new lease of 50 acres at the western end thereof, shall not become effective until and unless this new lease shall be and become in full force and effect. IN WITNESj WHEREOF, the said parties have hereunto set their hands on the day and year first above written. Attest: CITY OF ALAMEDA, By Mayor ALAMEDA AIRPORT, INC. By By President Secretary Oec. 2. The special eleotion hereby oalled and ordered to be held end oonducted, and the votes thereat received and canvassed, and the returns thereof made, and the result thereof ascertained, determined and declared as herein provided, and in all Particulars not recited herein, according to the laws of the State of California providing for and governing elections in the City of Alameda. The ballots to be used at said special election shall be such as may be required by law to be used theroat and in addition to any other matter re- quired by law to be printed thereon, shall appear thereon the following: MUNICIPAL TICKET To vote in favor of the proposition, and thereby authorize the leasing of said tide and submerged lands to the Alarneda Airport, Inc., for a yacht harbor, stamp a cross (X) in the voting square to the right of tha word "YES". To vote against the proposition and thereby refuse to authorize the leasing of said tide and submerged lands to the Alameda Airport, Inc., for a yacht harbor, stamp a cross (X) in the voting square to the right of the word "NO". All marks, except the cross (X) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the Inspector of Election and obtain another. Also said ballot shell have thereon the following: Proposition that the City of Alameda lease to the Alameda Airport, Inc., 50 acres of tide and submerged lands on the western YES waterfront for a yacht harbor, in considera- tion that said company give back 52.64 acres of such lands which it now holds under lease. NO Sample ballots containing the above matter required to be printed thereon shall be supplied to the electors of said city by the city clerk, but a failure on the part of any elector to receive such sample ballot shall not be held to invalidate said election or affect in any manner the legality of any grant that may be authorized thereat. The city clerk shall also enclose in the envelope with each sample ballot a card stating the location of the precinct polling-place of the elector to whom said sample ballot is sent. See. 3. Any qualified elector of the City of Alameda may vote at said special election for or against the proposition herewith submitted. To vote in favor of, and thereby authorize and approve the leasing of said tide and sub- merged lands to the Alameda Airport, Inc., for use as a yacht harbor, as proposed, he or she shall stamp a cross (X) in the voting square to the right of the word "YES", printed opposite said proposition. To vote against, and thereby refuse to authorize the leasing of said lands to the Alameda Airport, Inc., as proposed, he or she shall stamp a cress (X) in the voting square to the right of the word "NO" printed opposite said proeosition. A cross (X) stamped in the voting square to the right of the word "YES" shall be counted as a vote in favor of, and to authorize the leasing of said tide and submerged lands to the Alameda Airport, Inc., for the purpose aforesaid, whereas a cross (X) stamped in the voting square to the right of the word "NO" shall be counted as a vete not in favor of, and a refusal to authorize, the leasing of said lands to the Alameda Airport, Inc., for said purposes. Sec. 4. There shall be sixty (60) election precincts within said city for the purpose of holding said special election. Said precincts shall be the same in all respects as the regular election precincts last established by the Board of Supervisors of Alameda County for holding state and county elections, and the officers appointed to conduct said election shall be those hereafter appointed and designated for that purpose by the city council. The city clerk is also directed to procure all supplies that may be necessary to properly and lawfully conduct said special election. The polls shall be opened at six o'clock a.m. on the day of said special election and shall be kept open until seven o'clock p.m. of the sa when Inc polls shall be closed except as provided in Section 1164 of the Po Code of the State of California. 144. ay, When the polls are closed the officers of election ahall count the ballots cast thereat, and canvass the votes cast respectively for and against the proposition herein stated, and shall make return to the Council of the City of Alameda in the time, form and manner required for the counting, canvassing and returning of votes cast at other municipal elections held in said city. Sec. 5. If, at said special election, it shall appear that a majority of all the electors of said city voting upon said proposition, voted in favor thereof, then said proposition shall be deemed to have been authorized and ap- proved by the electors of said city, and said lease shall thereupon be executed and delivered by the mayor of said city, on its behalf, leasing said lands to the Alameda Airport, Inc., for a yacht harbor in accordance with the terms, conditions and covenants therein contained. Sec. 6. This resolution and one publication thereof in the Alameda Times-Star shall be and constitute notice of said election. 1, the undersigned, hereby certify that the foregoing resolution was duly and regularly introduced aad adopted by the Council of the City of Alameda in regular meeting assembled on the 17th day of September, 1929, by the following vote, to-wit: AYES: Councilmen Calcutt, Latham and President Ochaefer,(3). NOES: Councilmen Brodersen and Henning, (2). ABSENT: None. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of said city this lath day of September, 1929. (Seal of the City of Alameda) W. E. VARGOE. City Clerk of the City of Alameda. I hereby certify that the foregoing is a full, true and correct coy of "RESOLUTION NO. 1427 - A RESOLUTION CALLING, PROVIDING FOR AND GIVING NOTICE OF A STECIAL ELECTION TO BE HELD IN THE CITY OF ALAMEDA, STATE OF CALIFORNIA, ON TUESDAY, THE 5th DAY OF NOVEMBER, 1929, FOR THE PURPOSE OF SUBMITTING TO THa ELECTORS" OF SAID CITY A PROPOSITION TO LEASE CERPAIN TIDE AND SUBMERGED LANDS FOE A YACHT HARBOR", passed by the Council of the City of Alameda in regular meeting assembled on the 17th day of September, 1929. Mty- 0 ef Lhe- ,City of Alameda