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Ordinance 0356ORDINANCE NO. 356 New Series Authorizing and providing fora lease of three hundred and forty-six acres of tidelands on the western waterfront of the City of Alameda fro use as an airport, aircraft factory and aviation school, and carrying on a general aviation business. ua'9nwnue as rruaar tairx structures and.otb.er. impr'ove- naents designed in ;general for the folloWing specific irises: LAN - DING FIELD (d - l) A larnding 'field with takel- off_s ill two W More directions; (d -2) Suitaable structuares entire ly fireproof in' character, with con- crete floorings, for .the. construction. ; maintenance, operation and repat.ir of airc HANGARS 0 ' Rangy ars of steel or attic r fireproof construction,. with .concrete floorings, for. -the sto ago acid safe lieeal)iag of aircraft. L)lclt'OTS 0-4) Ones : or more deal) ,arecl rest rooms for the . CollV eraicncte of laassengers, including ta11 'neeegsary and a icc assort'; roorr s, such <ts di'n ing r°ooTns, ticket officos a1lal siec1l)- i�ii�; rluai•ters° : - CUB 110t,SE (d -5) (' clb hfiauseW or club Y. on fo the use of employees aand others en - waged in the air sorvi€ e, SCE 001'S (C'14) Structures for us e as s, c, ools e.ar• class rooms for instructioa in aviation. . 0TH E STRUC;'1'1 "I`tES (d-7 Such other 5tx °t c,traf s as may Yoe necessary, c�onvr�xn.crrt or proper to carry out the o1jiccts an purposes of the les'SUC°s wt 110reftl above. specifl d. (,) In coTisideration foa the' lease of said tideland, for the first fiif'te,ln years lessees at, <lo iaAx; , za,fcl;'lt °s- .Sol agn es to accept rental tlae �efor tar "ayaLble in time, form and nxa trc i' as. folIQIVS: RENTAL FOR FIRST IP11 EN Yfi., .S. ONE HUNDRED AND. LIC.F : FIT Y THOUSAND .BOLL IIS ($180 . United :_SLates i wfzrl' money 1) a,;able in` fifteen (15) annual installrtio is of TWELVE' l HOUSANI) l)C)L- LAI.S (S12,00.00) caacb, in advance onfntea sing can the sceond day of January; 1. and ©n the a.nae �(.lay- of eta,c°h and every Year: thereafter r du xng. said terniI atl '.1 ^`V4O IIUNIXYZEl) AND T4'll rl Y- I) TV E THOI,a, NTD DOLL:AI-t ($255,009.001) k orth oI ;ec.laanaatioii work, sn a €,fad otb,ter irnl)rov( - ments. 11 ,ENTAL FO NEXT TEN Y 1+ A S (f) In consideration for tho lease .of said tideland for the nest '; t . el years (irr ra "sc5 lessees exercise the olaalon t. r reaae.'wal hi-,rein ;provided), lessees agree.-:t6 tand lessor ag'lees tra ae. ept, renta,l i'. therefor payable in trine, form and manner as; follows A cash rentra) in such amount as play be fix( hereafter : lay rrrutual- agreement ,. provided. if agreement be MA possille then by arbitration as herein provided, but that under no circumstances shall said cash ren- tal lie less than ONE ITUNI)li.ED AND TWENTY THOUSAND D.0L- LA RS United States lawful money, payable in ton (10). aainual in, tallments of TWELVE ° HOt_;SAN.D DOLLARS ($1.2,000;0.0 ) . each, in a(lvance, comm..encin €)x1 the second da.y cif Jana ary, 1944, and. oar. the same day of each :.and. every y(; °ar thcrec i,fter. during. said renew- ed t'ei°Tri; also '11 "" 11iJN0l E.Y AND I +'t RTY- 000.00) Nv�uah of re lamation work, SL uc�tur r nd other hn1)r °overnents' in addition U.) the recla:nraatio work, araa tu - ai'aand either < nTyarovements required to be made : during the .first `l'O 1+ NE lIC:'.ISL OPTION In the event the lessees de- io c xere:i,se' the option for the t,aC.',Jonal terns they shall, so no- tiff the city at least six (6) months prior to the expiration of the ini tial t.;enn and shall enter into a: lease' having like, terins, covenants ,hies agrr"°enlents as herein contained R'P1jV L.IiSr.ICN OF IMPROVEMENT S .V ii)iI+ lal„rRING. ORIGINAL `PERiq (li) I - IS MUTUALL A(.xREE C�ND.'E.PS'l`OOD t'zat upon the teri iraaation. of the original tern of llfLc'eh {I.,a)' years; c)r prior abandon- snent' thereof, all reclamation Worl .,trucitur.atil and other imi)rovements c< 6n :, land by ;the said le.s iC"(.S or their ass corpora;tion:, to .ilia :Cost Val "ue, of- TWO 11 "UN . i )1lE) AND FIFTY-FIVE. THOU- i�_lNla f)C ?.1�f�ARS' ($2,55,000 ,{J(?`), shill revert to and 1)ecome:'the property of the e.ity ca5 part .of the rental for ; airl original ter +in according to the picovisious ''of. pahagrali (e).. hereof. Jl.FtSION OF I'xV PROVIa M>f:NTS 17AL.jY,' DU`II'MG : 'RENEWED :'"S"ERM (`) IT IS MUTUALLY. AGREED .. AND. UNDERSTOOD that upon the torin nation of tame renewed : .t:erm of ten ( 10) years ( :i mtse of renewal), or prior abandonment thereof, 'all reclarnzation Work, structur and other improvements made on s id ]aa,nd 'lay the said lessees or their As- i °fro e corpor etign, dui int; said pe- Hi )d of reiifawal, ` to the Bost value of '.1 I :Ci.lNl7 RED AND FOR=- I <` VE' 'PHO— USANL) C1:'C) L L A. It S ($2451000.00), shall revert to and be- c.ume the property of said city as p)airt "oaf the rental for '`said renewed term, accordi ig to the " prov'isioins of E) rags - aph ;(f) he eof. 1_) i 'POSI'1'la.)iti OF EEC ESS IM- PROV: EMI +INT.`S (j) All reclam `ation :work; -,true`- turaal': or . other inaprov :ement :s masse 011) said land by the said 1� a � � Or&a a No. 356 New Series lessees or. their assignee cor pora- tion, exceeding -- in value the amounts specified in paragraphs (1i) and (i) hereof, shall, at the Option of the city, at the expira- tion . of the original team or th renoNved t.errn, as the ease may be, either be purchased by ';the city Or e3rediteil upon another lease which by mutual agreemea'it may be nego. tinted and eaec.uted, or, if said im pr oveirsents are represented by struetures, :then removed from said hand by the owners thereof. 1 LUPIN TION OF IMPROVEMENTS PROVEMENTS (1C) The word "improvements" as used in this lease shall be `deem- ed to ineltide i. oelsarnati work, fill. ing and braading of said lane, and tla €s building of runwaeys thereon also all structural'i,r other imlrove- ri - icnts whother aflz xed to the > oalty 01 ))the;rwisei v .IAEN IMPROVEMENTS TO B MADE (1) The Lessees liereby covenant and. agree to expend for improve= ments Ton the said`laiad Dot less thaan ONE. HUNDRED 'THOUSAN1) DOL -. .1ARS '($1.ft.000.00): before D€;cember. uJ, 192 „ .and not less than the sum of TWO HUNDRED AND FIFTY -. Z^ VE : T1"lO )SANDS O O L L A R'S ($255,()00.0o) before 1)ece >mber 31 1 and net less ` than the sung of F IVE t11TNT)i2ED THOUSAND: DOL E_EAT;S ;($5t10 �000.0o):: before Dec.eanber- 31, 19'x'1. The Lessees covenant and agree 'to reclaim,. ;fill and grade at their own expense all of said land now subtnorged .before December 31, 1;1 ;3, unless 'said time be extended liy the; city. .RIUHT: TO ASSIGN OR SUB -LET IT IS 1JNDIQRSTOODs AND. A(.NIEED that the Losseies Avill as sign dais 1�asc to the ALA VI1+1DA A1UP0I , iNC _ a .Calif€sa nla corpcar- ation, eorganilzed for the; purpose of operating said Airport, provided Said Corporation shall !assume all. 6f the obligations fi ; heroin s1)eoled No other assignment of this. lease :shall lie made without the consent =a:nd approval of the council of the Said e ty being first olatained. Said corporation assignee shall have . the right to Sublet p >rtion5 of said property to :a any oDo or mc)re per sons for &any one: or more o:f the purposes herein speciiie;d, but ..not for any other puriiose. CITY . iiIAY PURCHASE, (n) IT I S UNDERSTOOD AND r1txRE°t{`.D that said city shall have the, right at any tinge after :Janu- ary 1, 1934, to purehase said ar -. port from the lessees or their as- signee . corporation, including the i. then, existing on said kand, fog° a sum equal to the cost of said imprt vane its, less the >cred' it of SIa:VEP `TEEN THOUSAND DOLLARS ( per year, to Nvliich the city may be entitled. LESSEES TO RETAIN. RIGHT TO COMMERCIAL ITSE (o) In case the "c;ity' should exercise "its option to purchase as provided in the preceding Para- graph, the lcessees.shall have the ex- elusive right,. at the:i option, to the commerelal use of said airport for a term of ten (10) ye�a,rs from and after the exercise of sail option; also the right tea maintain; an air- craft factory on . said land: In case the city Sh ould purchase . as afore- said, and the lessees should . exercise said. option, the lessees :shall .pay the city a rental of TWELVE 'G'IJt)UR.&ND ..l?f)1�LARS _ (y'12,000 00) per annum, ,payable annually in advance. The : words "co in use" as Herein Bused, shall be deem- ed to mean the :tray Sportin of :pas- sengers or property for compensa- tion. Iii caie said option to p`ur= c h a e is ? a:s herein p110 -. vided, tho "city" further Agrees to fallow the; lessees to maintain upon or adjacent. to said land a school to ae conducted by lesse for this training of aircraft operators, pro- vided that lessees sbail pay an ad- ditiou. -M ventral :there for to be agreed upon at that tinge car adj'irsted %as herein pr ovided It is further agreed that in case the "City:". Should exec ciso its option to purchase and lessee-s, siaould %make a commercial use of s.ai:d aia l€>r't, the na tiltat <saTie.nt: and control of Said .a;irlwrt; shall be subject to reasonable and proper regulation by :tire City of Alameda. IuIGH'I'S OF > UNITED STATES (p) In'the event that said "city" small, during the terra of this leaa„si or -:of any z enewa.l s or:, extension thereof, nege)tia,te for . the sale or grant of said.. land :to the M Staites g.overnnie.nt, said- sale' or l;ra;nt shall be nizade subject to the. r =l7ts of the lessees under th terms o£ this lease. and the right= shaa.11 :be reserved. to.. the lessees to continue in "possession of said . land for: the full period of said lease or of any r<aale wail car extonsion thereof, or to di5r)ose of said leasehold: to this C nite'd States government on such terms as:° may be .. upon be- t een said lessees and said govern- rile it. CONDITIONS UNDER V\THICH ATR -. PORT MAY 131 1VIOVED (ca) In the event that said "city" sliall, during the term of this lease or of ally renewal or extensioix thereof, desire ..to acquire :the ta.ai'd, upon which said airport is situated for any commercial or luxrhor do- velopment, and use said land in connection with the deep wato.r f'rwitage of the e?stuary,....said les- sees agree to remove. the Said air- port and improvenients to another location on the. tidelands. of said (t iC113G inuefl Trom "city" provided the. "city" furnishes <a suitable parcel of land. to the lessees of the same general 'form; size and r,lr €a racter as then 'being e os d by !lesse e:5, at any point to the outhwa •d or ;southeastward of the land hereby demised, provided, lio.wever : that it the removal is ; de- sired by said ``city" for the accom- inudation of Borne ';other enterprise ir' industry pu.rsay ";. eommercial'- in eliaaacter, then the entire cost of s li removal;: shall be borne by the 'city," wfie.reas, if the removal is desired. by the **city',' for the de vel- opinent of its harbor, ' then the "city" s,ha.11 pay the cost of re- 1 : the .permanerit structures only. E111iMZ)t AE. ?TrL AND PERMANENT STTt UCT U ES (r) In the :event of removal as pi iii the preceding para- graph, reniovlable structures shall ljo d einod to rneaan <.4nd i` tclude all tiiuct.ures erected oil saa,id land by the lessors, or then assignee, Cor poration. oration' which are .capable of -be it disi?iahtled and r°einoved at an Dense less than their reconi .,true t.ion cost` new,.: curl; (as 11aingars. -a,nd - cliaol buildings ereetod fear inst=rue- eitan in aviation. All':otber ;buildings SI1all be deemed 1'a 'rnlanellt strut turfs. (s) IT IS I'dU 1'UALLY :A€ MiTIEID tl ai,t in case a contract is awarded for the construction = of a trans-bay bridge, laving its eastern terminus iM duty Of (.110 land zlezniaed, both parties herett will grant' a right -( - If -way for suelx br•idgu under oi• upon the s�urfaee of !said '1anrl not €exceeding one hundred and 1i(ty (1:50) facet in width 'along :uch .dine or- lice -s as rriay be 'found most ' -de ,, rabi(� and convenient for all par - ties colic 1rie'd but rotherWiae uch grant - �jfll not ttfect[ in any: manner any of the other provisions of this lease. 1_i SEit1S MA "V ABANDON: Lli.ASET (t) lei case; th €� lessees hould d ire to terminate.. or abandon their: leasehold at any tin w.- they shall have, the rigIA tai 'do so ; upon the p ,aynfent:of all ri malls due''and pay <a,l)le at the date: o9 ' such terminia, tion. in such case they shall have tb(. rin-ht to romove all :their ma- eliinery and other property front said tai d, acnd be. u:ndor no further obligation to pay raven hereunder; provided. that in surd eve all iln n vernents Constructed on sald is ld by the sai,id lessees or their; cu Toration assigric10 up to the time of such te..iniiaiation, `except as Here i abefore , provided shall revert- to Micl become the prerperty .of the city, sac e aiicl except any structures which way have .beE n erected on Prreceewng page) said hand by any other person or corporatioxi; who'.shall ;have the op- tion to remove :same within one year, paiypng the same recital its theretofore.:paid to Lessees, or to ne- gotiate with the "city'' for h lease as to all o.r any part of the. land hereby leased. AITtT ORT HOW MAINTAINED (u); The lessee s agree. att all times' to ma.intai l said airport in a manner apiproved by the best avia- tion practice ,axa'il with due regard to the, safety of persoris and prop- erty. For. that purpose, at. is agreed that the lessees shall have the right .to .fence, said pro Perty and to ex- clude. all _ )ersons feua a such poir tions thereof as. may be deemed dangerous; provided, ;that any a e- c°rc•dited representative of the catty" or any official" in the di.s'- charge of his duties Inay enter up- on s ;aid hind at a ny time, if, before, c_rrrnc;.-irlg raid prohibited area, he shall 1rai %7� notified odid lessees or t.he,ir agents in Advance of .his de - sire, :.so to - : €To. E.1('m:E1o1SED AI:!II,CRAF"I' 0 N EX (v) It is further warded that any and all aircraft ;operated by lessees or any other person of corporation upon said airpory shall b e lieenseed u.nde r. the lwws of the United States ,a ii this s :ato, if such license -be Ire- c essa r and Shaul lie subjcc�t to the regulations of the D.e :C7f. Conimerce of the United. Stands and such local regulations as, from time to time„ may be authorized by AIRCRAFT MECl.3ANlCS ON HAND (vv) It is a.g med by le,asecs that there shall' be �n�rainta ned at said airpcyrt at all tunes during the life cat. this lease or any renewal thereof ;. one €ii" moat aircraft rnec °ha ni'cs duly and rep;'ulaiily red,ist „rcd and l een sed by the I ep. are.cn :ent of d.',on nler c.e of the United. States, in order tha.a any aircraft which may arrive .at said airport at any < time during;, the :night .or day may receive: speedy = �arrcl - �ardezpuate star °vice;: rvhich daisy and Might service lessees expressly agr o - render at reasonable char.—es therefor:; MANAGL+'i1IEN't` AiN.D ACC` 0UN9 (x) It is agreed that said "city ". ait its opltioi i, sli ;all be r.rititled to appoint one member of the boand of directors of said c,orjl ora;tioir or- ganized. by the lessees: for the pur- pose, of ci ierati lg and carrying on the 'business deiined herein, such director to be appointed by the city� council of said "city' also that an annual financial state -ent :aird re` port, 'show; ng all the 'receipts and expeiiditure.s of said airport and the lands hereby demised, shall 'tiro sub rnittead January :first each year, 0 .r Alam Ci O rdin ances �� S s 3�� e within thirty .(130) days thereafter, or hindrance of or from the said to the : city council of Alameda, and city. that said city shall have the .right, TA;XATi CSI+' IMPROVEMENTS S at its o�v Mxl)eii,se, to have the (bb) It is ,agreed that lessees' books and accounts of lessees aatid - _ interest, in all structural improve- ited at any tithe by an expert ac- rnents made her.etind.er shall be sub- countant. - jest tutaxation Unless exenipted: COVEN-ANT '1 PAY Rr +INT law. It .s 171 i cki, agreed and un.- (y) S' (cc) It is hereby mutually agreed de,rstood thiat if the money rental that the lease of sixty-six . (66) acres of the aiforedesci ibed lands atibove .reserved or any part thereof - made <i,tad entered into with lessees shall riot be paid Sian the respective Septeml.aer 20, I:A27, be and 'the salve CL L y'S when the salve is 'payable, oi� will he de(m - led cancelled ulum this w itl);n te,ii (.10) days thereaft or. lease going into effect. It is further f default shall be made in ..any of _ agreed. that all the provisions of the covenants herein contained on- - this lease shall extend to. and � in t:he pairt of the said lessees to be elude the successors and a ssigns of paid, kept hC tit p erfor led, then and : said "city." and the executors, ad - froin thenceforth it shai;ll and may. "city" - : ministrators, ;uccesscais and be lawful for the to - -e er of the lessees: ups,u 1tbe said premises and %c very IN lV.1l'1VL S V1- FFil C_W the said 1a,It tlaeic(if> ai1Cl- to li.ivf a ,'ai2i,:- parties Naive hereunto -Set �thoir . .repossess, and .enjoy the same as in hands on the - day 'and year first >t., first and fl>zasui [stite, any l�in� above. written. �'reI� =ir:ibefore' contained t the con- CI.TY 0 F ALAIKEDA, trai.ry notwithstanding, And the lessees do hereby covenant, and " By �.� ; x ec� to and A�rith the `city that Mayor tliey ,b ;11 and will annually, as r �..�•�.�:. a.# lit € said,: during the said term, pai,y,. •�.� or ca.us'S to ne. p a1:id, unto the`. "City' ".. - €.h£e reant, oil the (la .a red inn the � � ��� City Clerk. nt zl7neir .limited and prescribed as €iforesaid for the ''l)aLymerit th.e.reof; - - wxtlle)ut any deduction, fraud, or de - �lxi,y, ai; ording to the true, intent ands of these presents; ai,nd. that _ Sec. 2. The tnayorof the City. Hof - ,n thee- last: day of said term, or Ak, -_is Hereby. authorized: And ;.ither 'sooner de.terininat'ion of the. directed to ex ecute and deliver' the ("st -ate. herein` granted, th€ anti 1es fo re oin 'lease for and on, behalf .of sees shall and will peac.enbly and said "city," and the city :clerk is - quietly, leave, surre'_nder. and ylel d . c11r:eCted.to attest the same as SoOiI (,il) onto said "city. the - said We Yll -.. a 9 this ordinance becomes cfYective. iG3es and ini,tprovfnte.nts in as good See 3, This ordinance - shalt -- go tal,tE', al -aId condition tl the same are into full force -a114d 'effect sixty :(60) now or n ay be lint into, `;ita5 +:>nai,ble - days from and after` its final pas - IIse a,nd 1vear thereof and (hA.MaLtiC?s - . - sage. iiy the. (elements excepted. Ai DITl:tATION Adopted and passed by the Csoun- (a) In. the event than the parties Oil of the C ity of A:la uleda the 701 hereto should at any time not be day of February, 1928. u,ble to groo as to the weaning of �� FRANK f?!I , C. i e.sidirt; Ctiff -ic.er of the : Caoun ;il. tlie tearrn� or covenants contained in I. the tizadtaisl�ued,- 'I�c�reby certify Any section of this Lease or upon any of the to one - that the foregoing Ordinance Waas - pric.es -be: paid €o the'eth or, under the t°terms- ;There- duly and regularly adopted and of then and In that case each of passed by the = Council of the Cli.ty sidd la,axties shall- appoint.' a, disinter - of t31 medal in regular meting as e sted arbitrator ant /or appraiser, to sembled on the 7tb.' daty of Feb - dete' inine th e matter. in - question -,.- ruai °y, 1928, by the follov, vote, a,nd in r is e the two persons. thus :.a.ppointed shall be unable to agree, AYES: Councitmen Latham, Neiss, they ill turn shall appoint a, third., C"a.lcutt and Noble, (�4). and the decision of any t vo of. - theist.. NOES: Council- President Otis, shaIl be Iinal and conclusive. (1). (a t) Alid the said "city hereby ABSENT: None. eovenants and agr'ecs that the said IN TESTIMONY W13HRILii, l lessees paying the said rent and rave hereunto; set Ivy hand and .a.f j)evformint the covenants and fixed the official seal of said city agreement � ai, .foie said, shall and ma this 8th day of February, 11128. nit wll timis; €(critic; the said teriti WV E. A'<�k;COE, City- ClerR of the City of Alamedaz. j�eaceabiy. and qii -ietly .h ave, : hold, and enjoy the said prenlises, with_ (�Soal) Publish Feb. 9, 1.92 out any manner of let, _suit,:troubl.e