Loading...
Ordinance 0415Ordinance No. 415 New Series AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE LEASING OF 50. ACRES OF TIDE AND SUBMERGED LAND ON THE WESTERN WATER- FRONT OF TI-10 CITY FOR A YACHT HARBOR, IN EX- CHANGE FOR. 53 ACRES M ORE OR LESS OP SUCH LAND AT THE EASTERN END OF THE ALAMEDA AIRPORT. Alameda Cit Ordinances Ordinance o. 415 New Series ODntlnnu from r•oorn s for the Owners, operators, e in 1 1 o y oz' guests us ng such craft: also for the erection and g nterr nce of such other st.ruc- .:r.ITS 'Is Inay be necessary or cozr- V' for Carr yIng out the objects 0 ii,ase, and such otter pur- plos is as may fron ti ne to 1 T - ne be T considerati n of being gra nt , � , d a leasse of sa ys .P�f� 3cI"e !?i Ti and ?jlm land : tile, 'WesTc -1 rr Mrater"fron.t as afor. aid, lessF -e { gr . o serr �:� ender, yie1 1 u;� c 0 t y ft I t ltf s=. Or parcel of land I �x eari being south of the Ala- meda q CourAy off Alameda, State of C ali- fornia, and more pa.r ular°ly dle - scribed as follows. Cor MC 3 -cilIg at a Point on the Unit d Slates Bull�Ir ea. d ,irne, said point tieing dit.,��nt l6re South- thereon 202,1 feet r°r fi -Ol Point � K," as said line and point are delineated arrcl { a. so d.es Agnated that c�er° tai ii Lnp eS L, i tked 1, i r Sol Lille Sur vey San Frwi lic.isco Bay 1 Sheet No, 6 1 , on .file in tire. United States TE ng , I - neer's Office, Custom lJouse, San Fr °a nc x sco, and running to the point of eglnning. 's.` i(1 line being parallel with arrd distant. southerly. .122.7 ft., rneasur€;d at right an= pies f3701 the center line of the South Pacific Coast railw Corn - Pa -11y's right-of-way; t.henee S. Item s' E�. 3267 ft., to a pint; thence N, 7'3 W,, 10 ft. to a point; thence , IV'02' E., 3000 ft, to tie point of b e- n nfrlg. ontarnin9 52.64 acres :..of land,, It is .expressly agreed ,and, :u nder- stood .that. ti - ie sur render. -and .return of said 52.64 acres of lain in. ex ch arr,e for said 50 acres thereof shall not absolve or. remit the 13ay_ inert Of $12,000.90 Per year Or any Portion thereof, fOr the remainder of the land lease€. to Chadwick Thompson and Virgil G. Sl6 inner under date of August 7 , 1928; on the contrary, in consideration, for making said exchange, lessee agrees to pay lessor an additional One Doi-- - lar per year ov er. and above the an - nual rental of $12,000.00 afor emen - tinned ` Furthermore. and as a still further Consideration therefor, lessee agrees to reclaim, fill and. grade, all of said fifth` :acres of land in the. same time, farm and manner as Provided in the aforementioned lease of Au- gust 7, 1928, now held by lessee; ( CODU ued eceed pag saving, excepting and excluding therefr so much thereof as will have to be dredged and used for harbor purposes as aforementioned. NO TICE TO EXERCISE OPTION (f) In the event that lessee should desire to exercise his option for the additional tiventy-five re year period as herein authorized, he shall notify the city to that e ffect at least six ( ) months prior to the ex- p it atiorl Of the original period, after Which he shall enter into a new base for tine additional period of tip enty -his e years, having like terms, covenants and agreements as herein Contained, C-XCept as otherwise here- in provided, Ors 1ECLAII AT O IMPROVEMENTS 31ADE, DURING PUKII SAL TERI -v (g) PI' lS M U.i`UAI,.LY AGREED - t ax�r ,n rile ": I h'atiorl of the orig n ,l period of (25) Y o r pr ;o 6.i. J,111 .f on ii:ent of: the. ..leasehold, .all `c `a. r I? a rzd .dredging Work rl =jars: =r f cl load :strajl revejq to and t y .01 the city, and t � 3 a p�,r`.t 0 f . .the ren -a1 for � rl or rlal per °iod, as her °einbe -- fore spjeci ledl DISPOS111101"111 Or, OTHER ( 11 ) 7T JS MUrF.UALLY AGREED ?�;i - 1_11.S''00D that upon the rat` t "ire or°iffinal period of t' e rr t o t'i ( 5 ) � °ears or prior aban lonnient tat the leasehold, .all 8 etlise!l and otller ir,FDroveijn',nts, a lItdiI Ch I. nCt .1 °eclarriatiozr sbali at she. :oi.;uion Cif t.lre obit -, eitlr r ya p?ur °chased by the city or be r0no.,,:0I from said land: by the owners tl:ere wJ1thin sixty. days , tor° the ter Ilinat.ion .of :said on zeal � .l t : is alUtually agreed and under- stood ful't,hey' that in case lessee exercises iris optioll of renewal as 11 authorized, then the value of all structural and otlic c improve- on ..said: :land .icy lessee, exec ludinr ; di eciging and reclamation wul'k, sila'l be. credited to lessee rzPon. a lease for the renewed period,. "rid tl_ �t VVlinty the rental for said r ene - ved p)er °iced shall be such as may their be mutually agreed upon beLween the pa.x °ties hereto it shall not exceed that which other persons or corporations may then offer for a lease of staid land for said period of 'renewal. next page) Alameda City Ordinances Ord 'Manse No. 415 New Series RIGHT TO ASSIGN OR SUB -LET the land herein demised for the de- veloDment of a deep Water harbor, (i) No assignment of this lease and use said land in connection with shall be made without the consent the deep water frontage of the es- and approval of the council of said tuary, lessee agrees to vacate said city being first had and obtained. However, lessee shall have the right land and remove its improvements to another location on the. tide and to sub -let portions of said land for submerged ` lands . of said city, pro- - any one or more of the purposes but no portion vided the city furnish him with a suitable parcel thereof .. to. the herein specified; thereof shall be sub -let for any consent of southward or southeastward of the land hereby demised, of other purpose without city council. the same general form, size and the character as that which: is then be CITY M Y PURCHASE ing used by lessee. And in con nee- tion therewith it is expressly. agreed (j) IT IS UNDERSTOOD AND and understood that ` if such removal AGREED that the city shall have should be desired by.: the city ' for the right, at any time after January accommodation of some oth pri- 1, 1940, to purchase said leasehold vate enterprise or industry, then the interest from lessee, together with entire cost of such rernoval shall. be the recla work and all im- provements made up to the time of borne by thy: cit wliereas, if the removal should be. desired: by the purchase for a sum equal to the city for the development` of its h.ar- historic cost thereof. bor as aforernentionedlt then the city shall pay the . cast of term ving the LESSEE TO RETAIN RIGHT TO permanent structures only. as the '. words "permanent structures are C[ 3imER,CIAL USE defined in said lea se cif .August . 7, 1928; (k) However. in case the city TR,ANS1E3AY BRIDGE should exercise its option to pui - -chase as aforementioned, lessee fin) ` is mutually agreed and shall have the exclusive right, at :to the use understood that in .case of the con - struetion of a transbay. bridge,`. h,av- his . option, . commercial of said property. for a period of ten ing its eastern terminus on any of (10) years thereafter, at .a rental of the land hereby demised; ` and a ..One Dollar t $�:�G } per year, . payable r i� iii of way is necessary over said annually in advance; provided, in land, lessee will not hold the. city `damages such case the lessee shall pay the expense of maintenance and repairs liable for any :as a .. re- sul t th€. r oof, ..but will seek . relief , ` . during said' ten l } year Inc riod, subject to reasonable regulation and solely from the person, company or corporation owning or controlling control :by. the city. The words "commercial. use" as herein used, said:. bridge, and only . then to the extent of his actual damage. as de- shall be. deemed to mean the leas- termined by .:proceedings taken: lin- ing of space for storing air or der and pursuant to the coristitution water craft. and. laws of the state: RIGHTS IN CASE OF NAVAL B3 A.SE CO VENAN S TO PAY REIN T (1) In the event that said city should., during the original period (0) It is hereby. agreed. and. un- (lei-stood :that if the . `money rental of this lease or any renewal or ex- ,above reserved. or any part thereof tension thereof, grant said land to the :United States Government, said shall : n6t be : paid o n the respective days when the same is payable, or grant shall be made subject to the rights of the lessee hereunder; and ten (l u) days thereafter, . ©r if default shall be made in any` of lessee sha=ll have the right to con- the covenants herein `contained on tinue in possession of said land for the part of the lessee' to .be' paid, the full period of this lease or any renewal:. or extension thereof, or to kept: or. performed, then ',qnd` from thenceforth it shall ,and may.: tie law - dispose of his leasehold to the ful .for the city t& enter upon the "Waited ..States Government on. such same` ..premises; . and every part terms and conditions as may be agreed upon between the lessee and thereof, and to : have :again, repos- secs, and enjoy the same as In its said government. first and former estate, anything hereinbefore contained : to the con - COND S UNDER, WHICH trary notwithstanding. ;Arid the les- see does hereby covenant and agree AIRPORT MAY BE MOVED to and °wit ` the c ity that it shall and will annually, as aforesaid, dur-� (m) In the event that said city ing the said ter m' pay, or cause to should, during the origii. Ul period of this lease or any rene -v' al or ex - be paid, unto the city the rent, on the days and in the manner limited tension thereof, desire to acquire and prescribed as aforesaid for the (OVER) ) Alameda Cit � Ordinatices Ordm*ance No. 415 Now Series (Cmitinued from precP_,Emd1n pa pa thereof, without an de- to maintain said property in a man- duction, fraud, or delay, according ner approved b the best practice to the true intent and meanin of and wi ..due regard to the safety these presents; and that on .the last of :persons and property, da-y of said term, or other sooner de- .(t) it is.further a that all termination of the estate herein the provisions of this lease shall ex- g ranted, the said lessee shall and tend to and include the successors will peaceably and quietly, leave, and : assi g ns of the :parties hereto, surrender and. yield . up. unto :..said city the said premises and improve- AIRPORT , APPLICABLE meats in as g ood state and condi- tion as the same are now or ma be (u) It is mutually . agreed and put into, re.asonable use. and wear understood that` :said shall have thereof and damages by the ele- .cit no power to recapture or remove ments excepte the lessee :from : said . premises, or alter % the location: of � the � property ARBITRATION herein demised or.pursue.any:other reined hereunder-, at the ( It is further agreed that in .unless same tirr,,e.t1L,.e cit shall pursue the case the Parties hereto should at same. remed against the -lessee. as any. time. not:be. able. to.agree. as to provided. b the, terms of said lease the rneaning..of any of 'the terms, of August 7, 1�28, now. held .b les- covenants or conditions co see. All the provisions of said in this lease, or. the � amount of . lease of Au 7, 1928, not in con- mone to. be paid, one. to the. oth . flict: herewith, shall :be applicable as herein :provided, then and in that to this lease. case each of said parties. 's,11 09 It'is - f urther �%. a and un- point a disinterested arbitrator:or derstood that the surrender and re- appraiser, a the case may re turn of the said 52;64. acres of land to determine the matter- q uestion, . at the eastern end. of. the airport and A f w the to persons . thus ap- aforementioned which is to be re- pointed should be unable to a tLirlied to the.-CiL as part -considera- they-in.turn. shall appoint ..a. third 1--ion:for grantin of: this new lease .arbitrator, and. decision. of any of 50.: acres . at the %western :. end tw of them shall be: final .:and con- thereof, shall not % become 6 -effective uj n -itil and unless this.new lease shall .0 E ,U1 T ENJOYMENT be and become in f ull force and effect- .(q) And the said cit 1-1 e re b y JNWITNESS WHE'RE OF, the. said covenants. and a that. th parties . % have �.:hereunto set their lessee, pa t he said rent and..per- lia-nds On the da and y ear f irst formin - th.e. c overiants.: and a above written, in e nt s:. af oresai d, .. shall ..and :. ma at ail. ti . durin g the . said term, CITY OF ALAMEDA., peaceably and.:, quietly have, hold, and enjo the said premises, without h out 13Y ........ an . manner of. let,.. suit,. - trouble or Ma hindr,ance of or f rom said city. Attest: TAX EXEMPTION. Cit :Clerk. TAXATION. OF IMPROVEMENJ�s ALAMEDA AIRPORT, INC., (r) ..Anything herein. to. the con- trary notwithstandin it is . B .......... wall a and ..understood that President. the amounts. ©f money rental herein .specified to be p lessee. shall fay full: thereof� inclu- c Seretary. .sive. of �an an hi h . ma an d taxes iv ic be lev.ied against the leasehold he.reby:c However, it is fur- Adopted and passed b vote of the . .ther a and understood � that all people of the Cit of Alameda, at .structural improvements o n . the . land . . an election held Novem.ber:5th, 1929, by the followin :Vote: Yes: �3815; ii. ere i n demise d shall be subject. to taxat io n.� unless exe mpted by law. ..No: .10 G 6; Total. 4817. (.Refer.. to Res. :1447.) SAFE -MAINTENANCE W.. E.. VARCOE, Cit Clerk. y The lessee. a at all times Publish Nov.. 22 1929,