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Ordinance 1148Alameda City New Series Ordinance No. 1148 New Series AN ORDINANCE AUTHORIZING UTAH CONSTRUCTION COMPANY TO DREDGE. CERTAIN SUB- MERGED LANDS: OF THE CITY OF ALAMEDA AND FILL CERTAIN SUBMERGED LANDS OF SAID COMPANY IN THE CITY OF ALA - MEDA, AND AUTHORIZING EXE- CUTION OF AGREEMENT PER- TAINING THERETO. WHEREAS, Utah Construction Com- pany, hereinafter called Permittee, has applied to the City of Alameda for the right and privilege of going upon cer- tain submerged lands of the City of Alameda for the purpose of dredging, taping and removing therefrom earth, sand and other materials for a term of seven (7) years, and for a permit to fill certain submerged lands owned by Permittee in the City of Alameda and to use said materials taken from said lands of the City thereon. and for cer- tain other rights necessary to the exercise of said dredging and filling rights: and WHEREAS, the City has considered said application and has submitted cer- tain terms and conditions respecting the granting of said rights and permit, which are agreeable to, and acceptable by, said Permittee; and WHEREAS, a form of agreement to be executed by the City and said Permittee, and containing the cove - nants and agreements stipulated and agreed upon between the parties has been submitted to the City Council and filed with the City Clerk at the regular meeting of said Council held on February 23, 1955; NOW THEREFORE, BE IT OR- DAINED BY THE COUNCIL, OF THE CITY OF ALAMEDA as follows: Section 1. That Permittee be given the right and privilege of going upon those. certain submerged lands, situate in the City of Alameda, shown and delineated on Exhibit A of said form of agreement, for the sole and ex- clusive :purpose of dredging, taking and removing therefrom earth, sand and other materials and deposits lying thereon; for use on or in connection with the : filling of the said submerged lands owned by Permittee, shown and delineated. on Exhibit A of said form of agreement, and the adjoining road - ways and beach areas described in said form of agreement. Section 2, That if .Permittee shall be prevented from utilizing any part of the borrow area described in Section 1 hereof or be so restricted in the use thereof as to render such use im- practicable or uneconomical because of the act or intervention of any govern- mental agency, the City shall set aside the nearest available area containing fill material of equal amount for Per- - mittee's use. Section 3. That ..Permittee be given the right and authority to fill said lands owned by Permittee and shown and delineated on Exhibit A of said form of agreement, subject to the terns and conditions contained in: said form of agreement. Section 4. That Permittee be given an irrevocable license to lay pipe lines and similar equipment between said borrow area and said areas to be filled, and to move and operate tugs, dredges wnd r4fi er vessels and eauinment. over. City in, around and between said borrow area and said fill areas, sub - ject to the terms and conditions con- tained in said form of :agreement. - Section 5. That in consideration of the foregoing rights and ' privileges Permittee shall agree, and be granted all necessary authority, to enter upon and fill, upon completion of the ;filling of the fill areas shown on Exhibit A of said form of agreement, certain parcels of land adjoining said fill areas, owned by the City, and more particularly described in said form of agreement; and Permittee shall agree that upon completion of the filling of each fill area and the subdivision thereof, it will sell to the City all land in such fill area that shall be shown on the approved Subdivision Map as designated for schools, parks and other purposes at the net cost of such land to Permittee. Section 6. That the foregoing rights and privileges shall be given to Per - mUtee for a term of seven (7) years commencing on the date of execution of said agreement, provided, that if Permittee shall fail to exercise any of the rights granted therein during the first two (2) years after the date there- of, the said agreement may be termi- nated by the City, at its option, by giving Permittee written notice there- of, provided, further, that no provi- sion of any ordinance or regulation of the City providing a shorter period of time for termination of a permit for nonuser shall be construed to apply to the rights and privileges granted Permittee in said agreement. Section 7 That the foregoing rights and privileges shall be granted Per- mittee in a written agreement, which shall be in the form and contain the covenants, stipulations and agreements set forth in the draft thereof sub- mitted to the City . Council, . and fired with the City Clerk; at the regular meeting of said Council held on Febru- ary 23, 1955, which draft is incorpo- rated herein and made a part hereof. Section 8, The Mayor of the City of Alameda is hereby authorized and directed to execute the aforesaid agree- ment for and on behalf of said City, and the City Clerk is directed to attest the . same, as soon as this ordinance shall become effective. Section 9. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. S. CITESLEY ANDERSON /s/ Presiding Officer of the Council Attest SHIRLEY H. TENNIER /s/ City Clerk I, . the undersigned, hereby certify that the foregoing Ordinance : was duly and regularly adopted and gassed by the Council of the City of Alameda in regular meeting assembled on the lst day of March, 1955, by the following vote, to wit: .AYES Councilmen Haag, Jones, Mc- Call, and Moresi, (4). NOES: President Anderson, (1). ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of March, 1955. SHIRLEY H. TENN /sl (SEAL) City Clerk of the City