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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 12 3