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Ordinance 1507ORDINANCE 1507 AN. ORDINANCE: AUTHORIZING SHORELINE PROPERTIES, INC. TO. DREDGE • CERTAIN MARSH, TIDE AND SUBMERGED LANDS OF THE CITY OF ALMA IEDA, AND TO FILL CERTAIN LIFE LANDS OWNED BY SAID CORPORATION IN SAILD CITY, KNOWN AS "BAY FARM ISLAND FILL AREA NO. 2 ", AND AUTTHORIZING EXECUTION OF AGREEMENT PERTAINING THERETO WHEREAS, pursuant to Ordi- nance No. 1480 N.S. and Ordi- nance No. 1486 N.S., Shore Line Properties, Inc., hereinafter called. Permittee, has heretofore entered into an agreement with the City, under which Permittee has the right and privilege of dredging and removing materials from cer- tain City -owned lands for use in filling certain portions of marsh. tide and submerged lands owned by Permittee; and WHEREAS, said Shore Line Properties, Inc. now desires to fill, in like manner,an additional .portion of . said lands owned by it, and has applied to the City for permission .therefor; and the City has considered said . application, imposing certain terms and con- ditions which are acceptable to Permittee; and WHEREAS, a form of agree- ment to be executed: by the City and Permittee, containing the covenants and agreements stipu- lated 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 July 20, 1965; NOW THEREFORE, BE IT OR- DAINED BY THE COUNCIL O'F' THE CITY OF ALAMEDA ' as follows: Section 1. That Permittee be given the right and privilege of going upon those certain marsh, tide and submerged lands, situate n and owned by the City of Ala- meda, shown and delineated` as "Bay Farm Island Borrow Areas I and rI " on Exhibit "A" <of said farm of agreement, for the ;sole and exclusive purpose of dredging and removing therefrom earth and other deposits, excluding min- erals, lying therean for use on or in connection with the filling of Perrnittee's said land, shown: - and delineated as "Bay Farm Island Fill Area No. 2 " on Exhibit . "B" rf said form of agreement, and in the manner therein set . forth, Section 2, That Permittee be given the right -and authority to fill said lands owned by it, desig- nated as "Tray Farm Island Fill Area Na. 2" and -shown and de- lineated on Exhibit "B" of said form: of agreement, subject to the terms and conditions contained in said form of agreement. Ordinance No. 1507 i Ncvv Series Section 3. That Permittee be given .a license to : lay pipe lines and similar equipment between said borrow area and said area to be filled, and to .move and .operate tugs, dredges and .:other vessels and equipment over, Ripon and across the - salt marsh, tide and submerged lands owned by the City in, around and between said borrow area and said fill area; subject to the terms and condi- tions contained in said form of agreement. Section 4. That in consideration of , the foregoing rights and .privi- leges, Permittee shall . agree . to pay, and shall pay, to City the sum of three cents (3c) for eacla cubic yard of said materials and deposits taken by Permittee from said certain marsh, tide and sub - merged lands -owned by City. Per - mittee, as further consideration; shall agree that upon completion of said filling, or any portion thereof, it will grant and sell to City all land in said "Bay . Farm Island Fill Area No. 2" that shall be shown on an approved sub-- division map thereof as desig- nated for schools, parks, or : any other public purposes at a net cost of $7,500.00 per improved acre. Section 5. That the foregoing rights and privileges shall be given to Permittee for a term of ten -_(10) years, , commencing on the date of execution of said agreement, except as said terra may be extended by mutual con- sent of the parties or as provided in said agreement. Section 6. That the foregoing rights and ,privileges shall be granted Fermi.ttee . in a written agreement, which shall be in sub- stanti•ally the form :and contain the. covenants, , stipulations : and agreements set forth in the draft thereof submitted to the. City Council and filed wih the City Clerk at the regular meeting of said Council held on July 20, 1965, which draft is incorporated herein and made a part hereof. Section. 7, The Mayor. of the City of Alameda is hereby author- ized to execute the aforesaid agreement for and on behalf of said City, and the City Clerk is directed to attest the same, upon the effective date of this ordi- nance. Section 8. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the diate of its final passage. WILLIAM S. GODFREY, Presiding .Officer of the Council Attest: SHIRLEY 11. TENNIER, City Clerk. I, the undersigned, hereby cer- tify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of ,Alameda, in regular meet- ing assembled on the 3rd day of August, 1965, by the following Alameda City 01 vote, to merit: AYES- Councilmen Baxtley, Me- Call, Rose sand President _Godfrey, (4). NOES: Councilman La Croix, Jr., (1), ABSENT: None. 1N WITNESS WHEREO F, T h ave Ordin Now 15 New Series hereunto set my hand and affixed the official seal of d Ci this nth day of August, '1965. City Clerk of the City of Alameda, Igo. 90.3 - A. Publish � g 4 u ,, y 6, 1965.