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Ordinance 1969CITY OF ALAMEDA ORDINANCE NO. 1969 New Series AUTHORIZING THE EXECUTION OF A LEASE OF CERTAIN TIDE AND SUBMERGED LANDS TO ENCINAL INDUSTRIES, INC., A CORPORATION, APPROVING THE FORM AND TERMS OF SAID LEASE, AND CANCELING A CERTAIN LEASE BETWEEN THE CITY AND ALASKA PACKERS ASSOCIATION WHEREAS, pursuant to Ordinance No. 911 N.S., passed March 4, 1947, the City granted to ALASKA PACKERS ASSOCIATION, a corporation, a lease of certain tide and submerged lands situated in the City of Alameda for a term of twenty -five (25) years; and WHEREAS, by its Resolution No. 7891, adopted March 7, 1972, the City acknowledged the exercise by said Alaska Packers of its right to renew said lease for a further term of twenty - five (25) years, commencing April 5, 1972 and ending April 4, 1997; and WHEREAS, on April 30, 1976, Alaska Packers did, by Assignment of Lease, assign, transfer and convey unto Pan America Industries, Inc., a California corporation, all of its right, title, estate and interest in and to said lease; and WHEREAS, on September 30, 1977, Pan America Industries, Inc. became Encinal Industries, Inc., pursuant to an amendment to its Articles of Incorporation; and WHEREAS, a proposal has been made to enter into a new lease with Encinal Industries, Inc., which will increase the annual rental payment and provides for a term of twenty -five (25) -1- years commencing on April 5, 1979, and for the right of renewal of said lease for an additional term of twenty -five (25) years commencing on April 5, 2004; and WHEREAS, the Council of the City of Alameda has con- sidered this matter and believes it to be to the best interests of said City to cancel the existing lease and to enter into a new lease with Encinal Industries, Inc.; and WHEREAS, a form of lease, entitled Encinal Industries Lease, containing the covenants and agreements to be agreed upon by and between the City and Encinal Industries, Inc. has been prepared and submitted to this Council and filed with the City Clerk, and said Council is aware of and approves the contents thereof; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1 . The form of lease referred to in the preamble hereinabove, and the terms, conditions, covenants and agreements contained therein be, and the same hereby are, approved. Section 2 . The lands described in said form of lease be, and the same are hereby leased to Encinal Industries, Inc., a corporation, upon the terms, covenants, agreements and pro- visions contained in the form of lease submitted to this Council and filed and approved as aforesaid. Section 3 . The Mayor of the City of Alameda is hereby authorized and directed to execute, and the City Clerk to attest, as the act and deed of the City of Alameda, a lease substantially -2- in the form and containing the terms, covenants, agreements and provisions set forth in the aforesaid form of lease. Section 4. Upon the execution and delivery of said Encinal Industries Lease, that certain Lease between the City of Alameda and Alaska Packers Association dated April 5, 1947 shall cease, terminate and be deemed canceled. Section 5. 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. Presiding "Officer of the Council Attest: City Clerk -3- 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 assembled on the 17th day of April, 1979, by the following vote, to wit: AYES: Councilmen Diament, Sherratt, Stone, Tillman, and President Corica, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of April, 1979. ___ ___e - -- - - =- City Clerl: of the City of Alameda