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Ordinance 0404ORDINANCE NO. 404 New Series Authorizing lease to the Harbor Tug and Barge Company in Ordinance No. 404 Alameda uty: ur inanc..es New Series ( Continued from preying. page) or any extension thereof, or within sixty days thereafter, the lessee may remove . any . a.nd all such im- provements building's or structures; otherwise they shall revert to said city. In the event that the parties here - to should at any time not . be able to agree as to the meaning of the terms or covenants contained in this lease or upon the rental to be paid in the event of a renewal thereof as aforementioned, then and in that case each of said parties shall ap- point a. disinterested arbitrator to determine. the natter in question, and in case the two persons thus appointed shall be unable to agree they :in turn: shall appoint aP third, and the .decision of any two of them shall be final and conclusive. It is hereby agreed and under- stood that if the rental above re- served 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 cove nants herein contained on the: :part of the. said lessee to be paid; kept .or performed, then and from: thence - forth it shall and :may .be lawful for the said city to enter upon: the: said premises; and every part. thereof, and to have again, repossess, :and enjoy the. same as i its first and former estate, anything hereinbefore contained to . the contrary notwith- standing. And. the said lessee :does hereby ` covenant and agree :to :. and with the said city that it shall and Will as aforesaid, during the said term, pay, yr cause to be paid; unto the said eity the said rent; on the days and in the manner limited and prescribed as aforesaid for the pay - ment thereof, without any deduc tion; fraud, or delay, according.. to the true intent and' meaning of these presents; and that: on the last day Of: said term! or other sooner deter - mination of the estate herein . grant- edf the said lessee shall and yvill peaceably and: quietly, leave, sur render and. yield up unto said city the said premises a improvements other than ` ::such improvements which may be. made :by the lessee as hereinafter provided for, in :,as good state and condition as : the same are now or may be put into, reasonable use and year thereof and damages by the . elements excepted. And the said . city : hereby. cove- n.ants and agrees that the said les- se.e, paying the said rent and per- forming the covenants and agree- ments aforesaid; shall and :may at all times during the said term, pea:eeably And quietly have, hold, a.nd enjoy the said premises, with - out any manner of let, suit, . trouble or hindrance of or from the said city. .ea that lessee's interest rovements made on said said - westerly line of Grand street 115 ft., to a paint; thence at right angles westerly 130 ft., to a point; thence at right an gles southerly 115 ft., to .a point; thence at right angles. easterly 130 ft., to the westerly line of Grand Street and the point of commencement. It is further agreed and. under- stood that lessee may authorize .said Union Oil Company to use certain of lessee'.s docks, also. other lands for the construction and. mainte -� nance of pipe, telephone . and power lines and such facilities; also. the privilege of using a certain road - way on said premises. Excepting the .lands a.forede- scribed and other rights granted to said Union oil . Compa . it i agreed and understood that lessee. shall not have any right to ass . this ,lease or sub -let the. whole or any other portion of said lands without first securing. the .approval of the city council.. of.. said city. The city hereby agrees, if re- quested by lessee at least. six months ..before the expiration o f the term he reby. granted, that it shall and will grant a further lease of said .premises to. said lessee,.. or its successors, for an additional term of ten . (1.0.) years, to com- mence . fium the. expiration . of the term hereby. granted, at a rental to be .fixed at that time b y .mutual a�,g reennezat, the parties. hereto exe- cuting. at . the same time a. counter- part hereof; It is further: agreed that in case Iessee, (said . :harbor `Tug acid Barge Company).: should not desire. to extend its lease: for a further period after the expir of the initial term herein provided, said 'Union oil Company shall have the right ,and privilege of extending said lease `: for . said additional ten (l } year. period in its o�? n :behalf in the: same ..manner and '. under the same conditions aas . provided lleroin for. lessee; It is . further a greed : that all buildings` now on said :lands :which .,are being used for the city pound shall be removed im mediately. after the execution of this lease, and be reconstructed to the satisfaction of t.lie city. manager. of . the city.. upo concrete foundations at such pl or. places . iii tl e corporation yard adjacent to said lands; ..as said city manager shall de It is further understood and agreed that lessee. may, at any:. or all times during. the `initial term of this lease or any renewal or exten Sion thereof, make any improve- ments and /or construct ` buildings and other. struc on said. lands, Which` `impr°o:�ements and structures shall be deemed to be the property of Lessee: It is further agreed time during the term that at any It is agr e of this lease in all imp ( Continued ` on next page) O ty i' g , i ■ ��; ` 5 O New Series I land shall be subject to taxation un- less exempted by lam*. It is further agreed that all the provisions of this lease shall extend to and include the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the said parties have hereunto set their hands on the day and year first above written. CITY OF ALAMEDA, ByA ... , ... .... - ... Mayor. Party of the first part. ( City) HARBOR TUG AND BARGE COMPANY, By . ®m ....... .. Party of the second part. (Lessee Attest City Clerk. Sec. 2. The mayor of the City of Alameda is hereby authorized and directed to execute the foregoing lease for and on behalf of the said city, and the city clerk is directed to attest the same as soon as this ordinance shall, become effective. Sec. S. This ordinance shall go into full force and effect sixty (69) days from and after its final. pas sage. In the meantime the said les- see may take possession, of said premises, upon obtaining a permit from the city manager, on condi- tion that lessee pay the rentals aforementioned between, the time of taking such possession and the time this ordinance becomes effective and said lease is executed. Adopted and passed by the Coun- cil of the City of Alameda this 3rd day of September, 1929. VICTOR L. SCHAEPER., Presiding Officer of the Council. I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assem- bled on the 3rd day of September, 1929, by the following vote, to - quit: AYES: Councilmen Brodersen, Calcutt, Henning, Latham and Pres- ident Schaefer, (5). NOES: None. ABSENT: None. IN TESTIMONY" W HEREOF, I have hereunto set my hand and af- fixed the official seal of said city this 4th day of September, 1929, (SEAL) W. E. VARCOE, City Clerk of the City of .Alameda. Publish September 5, 1929.