Resolution 02234RESOLUTION ND. 2234
CONSENTING TO THE TRANSFER JO PACIFIC IORTLEND CEMENT CONTENT
OF CERTAIN OF ITS RIGHTS AHD PRIVILEGES UNDER AGREEMENT DATED
APRIL 67 1935, TO WESTVACO CHLORINE PRODUCTS CORPORETION.
WHEREE, pursuant to Ordinance No. 532 Y.S., adopted by the Council City
of Alameda en February 5, 1935, a certain agreement was executed by and betteen the City
of Alameda, a municipal corporation, and. Ira Judson Cte as Parmttee, dated April 8, 1935',
therein the said City granted to said Permittee the right and privilege to ,Co upon certain
submerged lands in 5aid City, in said agreement more particularly described, for the
purpose of dredging, taking and removing therefrom shells and shell deposits, and
WHEREAS, thereafter said agreement was assigned hy said Ira Judson Coe to
Pacific Portland Cement Company, a corporation, and
PIES, an agreement dated November 24, 1037, was entered into between said
Pacific Portland Cement Company and Westvaco Chlorine Products Corporation, wherein said
'Pacific Portland Ctment Connery granted to said Westvaco Chlorine Products Corporation
certain of its rig± ts. and privileges under said agreement of 4pril 6, 1930, and
WHEREAS, said Pacific Portland :Cement Company has reque5ted the consent and
arnrovail of the City of Alameda to the making of said contract, and has submitted to this
Council a certified copy of said agreement of November 24, 1937, which certified copy has
been filed with the {City Clerk ef-the City of Alameda on this date,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAHEBA that consent
is hereby given on behalf of said City to the transfer by said Pacific Portland Cement
Company of certain of its rights and privileges to Westvaco Chlorine Products Corporation
in accordance with the terms contained in the aforesaid certified copy of sale agreement
of November 24, 1937;
RESOLVED FURTHER that this consent is given upon the express condition that
Westvaco Chlorine Products Corporation, in its dredging operations and in the exercise cf
the rights conferred upon it by said agreement of November 21, 1937, shall be bound by
end shall fully and strictly comply iklith all of the terms, conditions, covenants and
agreements contained in paragraph (o) of said agreement of April 8, 1930, on the part cf
the Permittee therein named to be kept and performed, and that a breech thereof on the
part of said Westvaco Chlorine Products Corporation shall constitute a breach of said
agreement of November, 24, 1937, on so far as the same related to the premises, or any
portion thereof, subject to suid agreement of htpril 8, 1935, and a breach on the part of
said Pacific 2brtiand Cement Company of said agreement of April 6, 1935, and that in t,,
event cf any such breach the City of Alameda may, at its option, forfeit and cancel both
of said agreements and terminate all rights of Pacific Portland Cement Company and Eest-
vac° Chlorine Prooucts Cornoration in the manner provided for in paragraph. (25) of said
agreement of Movember 24, 1037, or as othertise provided by law, and upon the further
condition that Westvaco Chlorine Products Corporation's righto shall automatically termi-
nate if Pacific. Portland Cement Company's rights shall terminate under said agreement of
April 6, 1935;
RESOLVED FURTHER that nothing in. this resolution. .10 shall be deemed or
construed as amending or modifying any of the terms, conditions or covenants of said
agreement of April 6, 1935, saving and excepting as herein in this resolution and in said
agreement of November 24, 1937, expressly provided, nor as limiting, abrogating, moddfying
or impairing any of the rights of the City of Alameda or the oblEgations of Pacific Portion'',
Cement Company under said agreement of April 8, 196.5;
RESOLVED FINETHER that this resolution shall become effective upon thu filing
with the City Clark of written accemtance ty said Pacific Hortiani Cement Company and
Weetvado Chlorine incducts Corporation of the terms of this resolution.
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1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly introduced and adopted by the Cour:oil of the City of Alameda in regular meeting
assenbled on the lath as of March, 1938, by the following vote, to-wit:
AYES,: Councilmen Carrington, Godfrey, 'Maurer, Morrie and President
010 .10't, (5).
NOES: None.
ABSENT: None.
IN' WITNE .- o. 1 have hereunto set my hand and affixed the official seal
of said City this loth day of March, 1938,
D. 4. i2EI" LITER
City blerk of the City of 101
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I hereby certify that the 'O 01 is full, true and correct copy of "Resolution
No. 2234, CONSENTING TO THE TRANSFER ICY PACIFIC PORTLAND CEMENT COMPANY OF CERTAIN OF ITS
EIGHTS END FRIVILESES UHDER AGREEMENT UaTED 11 11 0 193b, TO WESTVACO CHLORINE PROLUCI
CORPORATION", introduced. and adopted by the Council on the '1 day of March, 1938.
011 0.1 or Alameda.
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