Resolution 05885RESOLUTION NO. 5885
CONSENTING TO THE ASSIGNMENT OF A CERTAIN LEASE BY
AND BETWEEN THE CITY OF ALAMEDA, LESSOR, AND W. D.
NcELWAIN, DBA BAY CITY FUEL OIL COMPANY, LESSEE
(REAL PROPERTY LOCATED NEAR NORTHERLY TERMINUS OF
GRAND STREET).
WHEREAS, a certain lease was entered into by and between the City of Ala-
meda, as Lessor, and W. D. McElwain, doing business as Bay City Fuel Oil Company,
as Lessee, on the 17th day of April, 1953, relating to certain property at or near
the northerly terminus of Grand Street, in the City of Alameda; and
WHEREAS, said Lease provides that said Lessee shall not assign ssid Lease
without first securing the written consent of the Lessor; and
WHEREAS, it is deemed to be in the interest of the City of Alameda that
said Lease be 30 assigned if both Asmignor and Assignee agree, in writing, to the
performance of certain conditions set out below relating to the properties owned and
controlled by them at or near the northerly terminus of Grand Street, in the City of
Alameda;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that
the Mayor of the City of Alameda is hereby authorized to execute for and cn behalf
of the City of Alameda a consent to the assignment to The Harbor Tug and Barge Com-
pany, of San Francisco, California, from the Lessee, M. D. McElwain, doing business
us Bay City Fuel Oil Company, of that certain Lease entered into by and between the
City of Alameda, as Loeser, and W. D. McElwain, doing business as Hay City Fuel Oil
Company, as Lessee, dated April 17, 1953, and relating to certain real property at
or near the northerly terminus of Grand Street, in the City of Alameda. The City
Clerk of the City of Alameda is hereby directed to attest to same.
BE IT FURTHER RESOLVED that this resolution shall not become affective
until such time as the assignor, W, D. McElwain, doing business as Bay City Fuel 011
Company, and the assignee, The Harbor Tug and Barge Company, agree in writing, in a
form satisfactory to the City Attorney, to perform or cause to he performed, all of
the works required by the conditions set out below. Said conditions are as follows:
1. A certain fence located, or to he located, on that portion of
the real property described in the lease referred to above, which fronts on Grand
Street, in the City of Alameda, shall be constructed or reconstructed to the satis-
faction of the City Engineer,
2. That certain wharf controlled and operated by The Harbor Tug and
Barge Company, which is adjacent the northerly terminus of Grand Street, in the City
of Alameda, shall be put in a clean and presentable condition to the satisfaction of
the City Engineer; and, furthermore, any and all overhang of such wharf over City
sewer outfalls shall be cut off and removed. The underlying piling shall also be
removed.
3. That certain fence, which extenda from the south property line
approximately 120 feet northerly from said south property line on property con-
trolled and operated by The Harbor Tug and Barge Company at the northerly terminus
of Grand Street, in the City of Alameda, shall be relocated to the west property line
of Grand Street in said area.
L. All of that certain fuel dispensing structure located nn the real
property in the lease referred to above shall be completely removed.
5, A11 that certain real property as described in the leaee referred to
above shall be nut in a clean and presentable condition to the satisfaction of the
City Engineer, which shall include but not be limited to, the removal of old pipes,
hoses, wood, old fencing, rocks, etc.
6. That certain fence located on the south property line of the real
property described in the lease referred to above shall be repaired to the satis-
faction of the City Engineer.
7. The works required by the conditions set out in 1 to 6 above (inclu-
sive) shall be completed within ninety (90) days from the date this resolution
becomes effective.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted by the Council of the City of Alameda in regu-
lar meeting assembled on the 20th day of January, 1959, by the following vote, to
wit:
AYES: Councilmen Co]lischonn, Freeman, Petersen, Schacht and
President McCall, (5).
NOES: None.
ABSENT: Nona,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 21st day of January, 1959.
(SEAL)
SHIRLEY H. TENN1ER
City lark of the City of Alarnede
* * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 5885, CONSENTING TO THE ASSIGNMENT OF A CERTAIN LEASE SY AND BETWEEN
THE CITY OF ALAMEDA, LESSOR, AND W. D. McELWAIN, DBA BAY CITY FUEL OIL COMPANY,
LESSEE (REAL PROPERTY LOCATED NEAR NORTHERLY TERMINUS OF GRAND STREET)," introduced
and adopted by the Council on the 20th day of January, 1959.
-
City Clerkiofith
)
City of "Alameda
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