Resolution 04693RESOLUTION NO. 4693
CONSENTING TO TH' ASSIGIZIrENT BY SUCCESSION BY PACIFIC
PORTLAND CEMENT COMPANY OF ALL ITS RIGHT, TITLE AND
INTEREST IN AND TO SHELL DREDGING AGREEMENT DATED APRIL
8� 1935., TO IDEAL CEMENT COMPANY A COLORADO CORPORATION
WHEREAS, pursuant to Ordinance No. 532 N.S®, adopted by the Council of the
City of,Alameda on February 5. 1935, a certain agreement was executed by and between
the City of Alameda, a municipal corporation, and Ira Judson Coe, as Permittee, dated
April 8, 1935, wherein the said City granted to said Permittee the right and privilege
to go upon certain submerged lands in said City, in said agreement more particularly
described, for the sole purpose of dredging,, taking and removing therefrom shells and
shell deposits*S and
WHEREAS, thereafter said agreement was assigned by said Ira Judson Coe to
Pacific Portland Cement Company, a corporation; and
WHEREAS, Pacific Portland Cement Company did, on the 16th day of December,
1952, agree, in writing., to a clarification of said agreement respecting the right of
the City of Alameda to remove and permit others to remove fill material from the
premises described in the agreement subject to notice to the Pacific Portland Cement
Company of the Cityfs intention to remove or permit removal of such fill material
and the right of Pacific Portland Cement Company during the period of such notice to
remove shall from that portion of the described premises from which it shall be
proposed to remove fill material; and
WH.1`,'REAS, it is the purpose and intent of Pacific Portland Cement Company
and the City of Alamed'a that the aforesaid agreement as to clarification shall be and
become part of the original agreement hereinabove referred to, and
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WHEREAS, it is now contemplated that there will be effected a statutory
merger of Pacific Portland Cement Company into Ideal Cement Company., as a result of
which Ideal Cement Company, as the surviving corporation, will succeed to all the
rights and property of Pacific Portland Cement Company, subject to its liabilities; and
I
KHEREAS, in view of the contemplated merger, the Pacific Portland Cement
Company has requested the writ -ten consent of the City of Alameda to such succession
by the Ideal Cement Company to all the right., title and. interest of Pacific Portland
Cement Company in and to the aforementioned agreement and the Ideal Cement Company
has, in writing,, agreed that upon such succession it will ass'Lime and be bound by all
the terms of the aforesaid agreement on the part of the Permittee to be kept and
performed as in said agreement provided,
NOW TH1EEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that
consent be and is hereby given on behalf of said City to the succession,, by Ideal
Cement Company, of all the right, title and interest of Pacific Portland Cement
Company in and to the aforementioned agreement of April 8, 1935, such consent being
given. upon the express condition that the Ideal Cement Company shall assume and be
bound by all the terms and provisions of said agreement as amended by the agreement
to clarification heretofore mentioned.
I, the undersigned,, he2.-°eby certify that the fore�4oing Resolution was duly
and regularly introduced and adopted by the Council of the City of Alameda in regular
meeting asseribled on the 16th day of December, 1952, by the following vote, to wit. -
AYES: Councilmen Anderson,, Branscheid, Jones, Sweeney and President
Osborn, (5).
NOES.* None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 17th day of December, 1952.
(SIKAL) SHIRLEY IT. T-EINNII-rh'
City Clerk of the City of Alameda
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 1�693, CONSENTING TO THE ASSIGNMENT BY SUCCESSION BY PACIFIC PORTLAND
CET,l1�i:NT COMPANY OF ALL ITS RIGHT, TITLE AND INTEREST IN AND TO SHELL DREDGING AGREE-
MENT DATED APRIL 8, 1935, TO IDEAL CEMENT COMPAINY, A CCLORAg)O CORPORATION", introduced
and adopted by the Council on the 16th day of December, 1952.
City Clerk of the/, City of Alameda
Im