Resolution 02167RESOLUTION' NO. 2167
DEMANDING PERFORMANCE OF CERTAIN COVENANTS CONTAINED
IN LEASES TO CHADWICK THOMPSON' AND TO ALAMEDA AIRPORT, INC.
WHEREAS pursuant to Ordinance Me. 368 N. S., of tee City of Alameda, passed
by the Council. of said City. on June 5, 1926, a certain. indenture of lease was executed
by the City of Alameda as Lessor and Chadwick Thompson, and Virgil G. Skinner as Lessee,
bearing date of August 7, 1928, and leasing certain tide and submerged lands of the
City of Alameda, and
WHEREAS said lease was thereafter duly assigned by the lessees therein named
to Alameda Airport, Ids., a corporation, and
WHEREAS it is provided in the aforesaid lease, and particularly in paragraph
(e) thereof: "also the lessees covenant and agree to reclaim, fill and grade at their
own expense, or cause to be reclaimed, filled and graded, all of the property hereby
leased to a minimum height of three (3) feet above mean high water line of San Francisco
Bay. before December 215 1234, unless said time be extended by the CUty, commencing said
reclamation work nithin one year from the time said lease goes into effects sad pursuing
said work diligently until cormeletion", and
WHEREAS pursuant to agreement entered into between the said City of Alameda
and said Alameda Airport, Inc., dated October 0, 132, the provisions of the aforesaid
lease were medified and the time for the completion of the reclamation work called
for by paragraph ((e of said lease was extended to December 31, 1937 inclusive, and
WHEREAS pursuant to Ordinenco No. 415 N.S., of the City of Alameda, passed by
vote of the peeple of Inc City of Alameda at an election held November 5, 1922, a
certain indenture of lease was executed by the City of Alameda as Lessor and Alameda
Airport, Inc., a corporation, as Lessee, bearing date of December 6, 1929, leasing
approximately 50 acres of tide and submerged lends cf the City cf Alameda, and
WHEREAS it is provided in Inc aforesaid lease, and particularly in paragraph
(3) thereof: "Furthermore and as a still further consideration therefor, lease° agrees
to reclaim, fill and grade, all of said fifty acres of land in the same time, form
and manner as provided in the aforementioned lease of August 7, 1228, 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.", and
WHEREAS aaid Alameda Airport, Inc. is not diligently. pursuing the wurk of
reclaiming, fillina and grading the lands oescribed in the aforesaid leases,
NOW THEREFORE, BE IT RESOLVED SY THE COUNCIL OF 1 CITY OF SLMMEDA that
demand he and is hereby made upon said Alameda Airport Inc., a corporation, to proceed
forthwith to reclaim, fill amid grade, or cause tc be reclaimed, filled and graded,
soot real property as is required to be reclaimed, filled and graded in the aforesaid
leases, and to comblete said work of reclaiming, filling and grading, and tc perform
each and all cf the covenants end agreements relating to such reclamation, filling
and grading in said lea5es contained. and on the part of the lessees to be performed,
within the tine and in the manner specified in tee aforesaid leases and in the aforesaid
agreement.
RESOLVED SURTBEB that a certified dory of this resolution end demand ba nerved
upon said Alameda Airport, hie.
I, the undersigned, hereb y. certify that the foregoing Resolution was duly end
regularly introduced and adopted by the Council of the City of Alameda in regular
meeting assembled on the 15th Cay of June,193?, by the following vote, to wit:
AYES: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart,
NOES: None. ABSENT; None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of said City this 10t1. day of June, 1237.
D. ELMER DYER
011 Clerk of -a =f Alameda.
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1 hereby certify that the foregoing is a full, true anu correct copy of
"Resolution No. 2167, 3-0 PERFORMANCE Cr CERTAIN OOMENMNTS CONTAINED IN LEASES
TO CHADWICK THOMPSON AND TO ALAMEDA AIRPORT, HNC.," introduced and adopted by Inc
Council of the City of Alameda on the 151h day cf June,1237.
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