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Resolution 0144710. 1447 R® -1 1 election was uu1 a1ieU ana ordered to ue nelu in th(-- 6a ue aay , the nth -. ay oi iwverr.uer, 129, :or the purpc (If sul:. ..ing to the oz;:, electors of •.=*-3 city an ord:'. rovic.H --1F; for the leasi of 50 acres of t submerP:ed •-' rfront o' the .r a yacht hari n exchange . ;res .? less th la - the eastern end rneda Airport, a... - said election 7e received . nyasset .ed th ist. :r C ba: ch it one o thc it q sn . and conducted, test there- rns thereof ..:scertained„ det led a L, now therefore oe it tia—Ht.;;-7 • printed !s of the proy •: sal tide -.ands, f, • setts -"7--;+ the -;ntion .stored sLrii. • . tv it ;and 1 nted c t ...e St id aria 7r40 heret', S i0110WS: Ltuthoriz; /RI id lease; 'LtJ —ere ',red city; ia anu !c3 mailed, he rrintea r.p of s hi1it .Q" .,3d here' ,1•11, 0 ioposed OriUnance to Lease ride %awl's For Likaboi ORDINANCE NO. New Series AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE LEASING OF 50 .ACRES OF TIDE AND SUILMEIDED LAND ON THE WESTERN WATER- FRONT OF THE 4,61:1: FOR A YACHT HARBOR, IN EX- CHANGE FOR 53 ACRES MORE OR LESS OF SUCH LAND AT THE EASTERN END OF THE ALAMEDA. AIRPORT. Be it ordained by the people of the City of Alameda as follows: Section 1. That fifty (50) acres of tide and submerged land be leased to the Alameda Airport, Inc., for the purposes hereinafter specified, for a period of twenty-five (25) years from and after the 7th day of Au- gust, 1929, with the option of re- newal for an additional period of twenty-five (25) years; and that in words and figures, said lease be substantially in the following forth, to-wit: / LEASE (a) THIS LEASE, inacie''and -11- tered into on the day of 1929, by and between the CITY OF ALAMEDA, a munici- pal corporation of the State of Cali- fornia, Lessor and party of the first part, (hereinafter called the "city"), and ALAMEDA AIRPORT, INC., a corporation organized and existing under the laws of the State of Cali- fornia, Lessee and party of the second part, (hereinafter called "lessee"), WITNESSETH: That said city, for and in con- sideration of the rents, covenants and agreements hereinafter men- tioned, to be paid, kept and per- formed by said lessee does by these presents demise and let unto the said lessee all that certain piece or parcel of land situate, lying and 114114... maintenance of a club house or club I rooms for the owners, operators, employees or guests using such craft; also for the erection and maintenance of such other struc- tures as may be necessary or con- venient fOr carrying out the objects of this lease, and such other pur- poses as may from time to time be permitted by said city. LANDS RETURNED (e) in consideration or being granted a lease of said 50 acres of tide and submerged land on the western waterfront as aforesaid, lessee agrees to surrender, yield up and return to the city all that cer- tain piece or parcel of land situate, lying and being south of the Ala- meda Mole, in the City of Alameda. County of Alameda, State of Cali- fornia, and more particularly de- scribed as follows: Commencing at a point on the United States Bulkhead Line, said point being distant due south thereon 202.1 feet frepa-,Potrit "K," as said line and-point are delineated and so designated upon that cer- , /lain map entitled "Harbor Line Survey an Francisco Bay 1910, SheCt No. 6" on file in the United States Engi- neer's jOffico, Custom use-, i, San ranchteo, and rull tire 1- 'e S. T.3°0',.'E..41.90.(r, ft.' to 'Point of beginning? said line being parallel with and distant southerly 122.7 ft., measured at right angles,,,,f,ronr,4''' the aenter--line,IYf'the South Pacific Coast Railway Com- pany's right-of-way; thence S. 10°58' E. 3367 ft., to a point; thence N. 73°58' W., 1528.6 ft. to a po'nt; thence N. 16°02' E., 3000 ft., to the point of be- ginning. Containing 52.64 acres of land. It is expressly agreed and under- stood that the surrender and return of said 52.64 acres of land in ex- change for said 50 acres thereof shall not absolve or remit the pay- ment of 812,000.00 per year or any portion thereof, for the remainder of the land leased to Chadwick Thompson and Virgil G. Skinner under date of August 7, 1928; on the contrary, in consideration for making said exchange, lessee agrees tr, nAv lessor an additional One Dol- between the parties hereto it shall not exceed that which other persons or corporations may then offer for a lease of said land for said period of renewal. RIGHT TO ASSIGN OR StB-LE'T (i) No assignment of this lease shall be made without the consent and approval of the council of said city being first had and obtained. However, lessee shall have the right to sub-let portions of said land for any one or more of the purposes herein specified; but no portion thereof shall be sub-let for any other purpose without consent of the city council. CITY MAY PURCHASE (j) IT IS UNDERSTOOD AND AGREED that the city shall have the right, at any time after January 1, 1940, to purchase said leasehold interest from lessee, together with the reclamation work and all im- provements made up to Abe time of purchase for a sum etlitial to the historic cost thereof. LES E TO RETAIN HT T comMERCIm—trsE However. in ease thi Sity sh Id exercise its oPt-i.o4r to r- chase as aforementioned, les slradr have the exclusive right. at hts option, to the commercial use of said property. „a,nertotr,nt'ten' (1.0.),Aceamsa. er, at a rental of r*etind Dollar ($1.00) per year, payable annually in advancei provided, in such case the lessee shall pay the expense of maintenance and renius during said ten (10) year period, subject to reasonable regulation and control by the city. The words "commercial use" as herein used, shall be deemed to mean the leas- ing of space for storing air or water craft. RIGHTS IN CASE OF NAVAL BASE (1) In the event that said city should, during the original period of this lease or any renewal or ex- tension thereof, grant said land to the United States Government, said grant shall be made subject to the rights of the lessee hereunder; and lessee shall have the right to con- tinue in possession of said land for the full period of this lease or any renewal or extension thereof. or to _aisnnse of his leasehold ful for the city to enter upon the same premises, and every part thereof, and to have again, repos- sess, and enjoy the same as in its first and former estate, anything hereinbefore contained to the con- trary notwithstanding. And the les- see does hereby covenant and agree to and .with the city that it shall and will annually, as aforesaid, dur- ing the said term, pay, or cause to be paid, unto the city the rent, on the days and in the manner limited and prescribed as aforesaid for the payment thereof, without any de- duction, fraud, or delay, according to the true intent and meaning of these presents; and that on the last day of said term, or other sooner de- termination of the estate herein granted, the said lessee shall and will peaceably and quietly, leave, surrender and yield up unto said city the said premises and improve- ments in as good state and condi- tion as the same are now or may be put into, reasonable use and wear thereof and damages by the ele- ments ex6repted. ARBITRATION (p) It is further agreed that in case the parties hereto should at any time not be able to agree as to the meaning of any of the terms, covenants or conditions contained in this lease, or the amount of 'Money to be paid, one to the other, as herein provided, then and in that case each of said parties shall ap- point a disinterested arbitrator or appraiser, as the case may require, to determine the matter in question, and if the two persons thus ap- pointed should be unable to agree. they in turn shall appoint a third arbitrator, and the decision of any two of them shall be final and con- clusive. QUIET ENJOYMENT (q) And the said city hereby covenants and agrees that the said lessee, paying the said rent and per- forming the covenants and agree- ments aforesaid, shall and may at all times during the said term, peaceably and quietly have, hold, and enjoy the said premises, without any manner of let, suit, trouble or hindrance of or from said city. TAX EXEMPTION TAXATION OF IMPROVEMENTS trl AnythiPg 149S the con- . :n the it AMmeda or; ',.uesaay, the oth f subm1;47tin to -,he qualiZied electors of sal. rovidilt for the leasing of 50 acres o tide sterfront of the cil. ')r a iach r, in Such land at the eas_•rn end . mede said flectioL vas li . received ld ea •-assed, th A in ac •..:- se .4 0" • c,'emoer, A, fc.- th pu]' ..)se u ii-4 an ordinance au xis' ind and submer,D.ed land on weL„,-1 exchange 'fir 53 acres •.re or less Airport, and d conducted, votes rns thereof ,scert. det 1, now therefore oe it 1st. red copies ' . , p3 ' roviC'. 7.51.. ., !_easi.— _f said tide an,,: Lso ?. . ..e ba',..- ...3 set - fort'.- the Lluestic .-).1]:' each stcr' )tPr —[ said city i 1, -, st::-. ' . H. •.e State o lot one of . .', c xhibit A" and mad: a pa hereot% an ,11.ots Qo m,,llee, 21so annexed her Propesed ORDINANCE NO. New Series Ala--ea, as Jollows: ince authoriz:- .he 'or propos: —, time, •.iornia ui o so mailed, is annexed of the printed "3xhibit ;here- ie d, lease; were said c. hereto er(,. inance to Lease Tide Lads For Yacht Litthm- AN ORMNANCE AUTHORIZING AND PROVIDING FOR THE LEASING OF 50 ACRES OF TIDE AND SI-BVERGED LAND ON THE WESTER NI WATER- FRONT OF THE CITY FOR A YACHT HARBOR, IN EX- CHANGE FOR 53 ACRES MORE OR LESS OF SUCH LAND AT THE EASTERN END OF THE ALAMEDA AIRPORT. Be it ordained by the people of the City of Alameda as follows: Section 1. That fifty (50) acres of tide and submerged land be leased to the Alameda Airport, Inc., for the purposes hereinafter specified, for a period of twenty-five (25) years from and after the 7th day of Au- gust, 1929, with the option of re- newal for an additional period of twenty-five (25) years; and that in words and figures, said lease be substantially in the following form, to-wit: LEASE (a) THIS LEASE, made and r:- tered into on the day of 1929, by and between the CITY OF ALAMEDA, a munici- pal corporation of the State of Cali- fornia, Lessor and party of the first part, (hereinafter called the "city"), and ALAMEDA AIRPORT, INC., a corporation organized and existing under the laws of the State of Cali- fornia. Lessee and party of the second part, (hereinafter called "lessee"), WITNESSETH: That said city, for and in con- sideration of the rents, covenants and agreements hereinafter men- tioned, to be paid, kept and per- formed by said lessee does by these presents demise and let unto the said lessee all that certain piece or parcel of land situate, lying and being south of the Alameda Mole, in the City of -Alameda, County of Alameda, State of California, and more particularly described as fol- lows: NEV LAND TO BE LEASED (b) Commencing at a point, on the United States Bulkhead Line, said point being distant due south thereon 202.1 feet, from point "K," as said line and point are delineated and so designated upon that cer- tain map entitled "Harbor Line Survey, San Francisco Bay 1910, Sheet No. 6" on file in the United States Engi- neer's Office, Custom House, San Francisco, and running thence N. 73°58' W. 409.95 feet to point of commencement, said point being the North- west corner of that certain piece and parcel of land leased by the City of Alameda to Captain Chadwick Thomp- son and V. G. Skinner, August 7, 1928, thence following the westerly boundary of said leased parcel of land S. 16°02' W. 1000 feet to a point; thence S. 10°58' E. 2244.65 feet to a point, being the Southwest corner of said leased parcel of land; thence along the southerly boundary of said leased parcel of land S. 73°58' E. 685 feet to a point; thence S. 72°20'36" W. 1027.9 feet to a point; thence N. 88°52'37" W. 385 feet to a point; thence N. 2°12'18" W. 3681 feet to a point; thence S. 85°39'11" E. 385 feet to a point; thence N. 88°20'49" E. 312.97 feet to the point of commencement. Containing 50 acres more or less. PERIOD OF LEASE (c) TO HAVE AND TO HOLD said land with the appurtenances for a period of twenty-five (25) years, frhiri- and after the seventh day of August, 1929. with the option a further and additional period of twenty-five (25) years thereafter upon the terms, conditions and cove- nants herein specified. PURPOSES ' CLUB HOUSE OTHER STRUCTURES (0) IT IS AGREED that said land may be used for any or all of the purposes specified in the lease heretofore granted by the city to Chadwick Thompson and Virgil G. Skinner, under date of August 7th, 1928; also for the construction and maintenance of a harbor for air and water craft, and the erection and maintenance of a club house or club rooms for the owners. operators, employees or guests using such craft: also for the erection and maintenance of such other struc- tures as may be necessary or con- venient for carrying out the objects of this lease, and such other pur- poses as may from time to time be permitted by said city. LANDS RETURNED (e) In consideration of being granted a lease of said 50 acres of tide and submerged land on the western waterfront as aforesaid, lessee agrees to surrender, yield up and return to the city all that cer- tain piece or parcel of land situate, lying and being south of the Ala- meda Mole, in the City of Alameda, County of Alameda, State of Cali- fornia, and more particularly de- scribed as follows: Commencing at a point on the United States Bulkhead Line, said point being distant due south thereon 202.1 feet tr(ina Feta "K," as said line d ,-point ai'e delineated and to designated upon that cer- 'tain map entitled "Harbor Line Survey an ,Franciseo Bay 1910, Sheet No. 6" om,file in the United States Eagi- neer' /Offic 4 Custom Sa 1 litae-„e, )., ranp. eo, and r ,*%,,ir,,,,,,g, t.k6 e S,' °6,8,, E. -419045 Lc. to e 'point of beginning; said 114 being parallel with and dittant southerly 122.7 ft., measured at right an the cepter-4ine th MT' Pacific Coast Railway Com- nany's right-of-way; thence S. 10°58' E. 3367 ft., to a point; thence N. 73°58' W., 1528.6 ft. to a point; thence N. 16°02' E., 3000 ft., to the point of be- ginning. Containing 52.64 acres of land. It is expressly agreed and under- stood that the surrender and return of said 52.64 acres of land in ex- change for said 50 acres thereof shall not absolve or remit the pay- ment of 312,000.00 per year or any portion thereof, for the remainder of the land leased to Chadwick Thompson and Virgil G. Skinner under date of August 7, 1928; on the contrary, in consideration for making said exchange, lesee agrees to pay lessor an additional One Dol- lar per year over and above the an- nual rental of $12,000.00 aforemen- tioned. Furthermore and as a still further consideration therefor, lessee agrees to reclaim, fill and grade, all of said fifty acres of land in the same time, form and manner as provided in the aforementioned lease of Au- gust 7, 1928, now held by lessee; saving, excepting and excluding therefrom so much thereof as will have to be dredged and used for harbor purposes as aforementioned. NOTICE TO EXERCISE OPTION (f) In the event that lessee should desire to exercise his option for the additional twenty-five year period as herein authorized, he shall notify the city to that effect at least six (6) months prior to the ex- piration of the original period, after which he shall enter into a new lease for the additional period of twenty-five years, having like terms, covenants and agreements as herein contained, except as otherwise here- in provided. REVERSION OF RECLAMATION IMPROVEMENTS MADE DURING ORIGINAL TERM (g) IT IS MUTUALLY AGREED AND UNDERSTOOD that upon the expiration of the original period of twenty-five (25) years, or prior abandonment of the leasehold, all reclamation and dredging work done on said land shall revert to and become the property of the city, and be deemed a part of the rental for said original period, as hereinbe- fore specified. DISPOSITION OF OTHER IMPROVEMENTS (h) IT IS MUTUALLY AGREED AND UNDERSTOOD that upon the expiration of the original period of twenty-five (25) years or prior abandonment of the leasehold, all structural and other improvements, excluding dredging and reclamation work, shall. at the option of the city, either be purchased by the city or be removed from said land by the owners thereof within sixty days after the termination of said origi- nal period. It is mutually agreed and under- stood further that in case lessee exercises his option of renewal as herein authorized, then the value of all structural and other improve- ments made on said land by lessee, excluding dredging and reclamation work, shall be credited to lessee upon a lease for the renewed period, and that while the rental for said renewed period shall be such as may then be mutually agreed upon ALAMEDA 045/0 between the parties hereto it shall not exceed that which other persons or corporations may then offer for a lease of said land for said period of renewal. RIGHT TO ASSIGN OR SUB-LET (i) No assignment of this lease shall be made without the consent and approval of the council of said city being first had and obtained. However, lessee shall have the right to sub-let portions of said land for any one or more of the purposes herein specified; but no portion thereof shall be sub-let for any other purpose without consent of the city council. CITY MAY PURCHASE (j) IT IS UNDERSTOOD AND AGREED that the city shall have the right, at any time after January 1, 1940, to purchase said leasehold interest from lessee, together with the reclamation work and all im- provements made up to 415e time of purchase for a sum eUal to the historit cost thereof. LES SEE TO RETAIN BIfl T '1' COMMERCIAL ,USE However. in case t41.1( ld exercise its ontieWto phase as aforementioned. les 'shairhave the exclusive right, a saidproApitotbertX,an-S9t,rW, lift option, to the commercial use of at a rental of Offe Dollar (31.00) per year, payable annually in advance; provided, in such case the lessee shall pay the expense of maintenance and ren"i-s during said ten (10) year period, subject to reasonable regulation and control by the city. The words "commercial use" as herein used, shall be d,eemed to mean the leas- ing of space for storing air or water craft. RIGHTS IN CASE OF NAVAL BASE (1) In the event that said city should, during the original period of this lease or any renewal or ex- tension thereof, grant said land to the United States Government, said grant shall he made subject to the rights of the lessee hereunder; and lessee shall have the right to con- tinue in possession of said land for the full period of this lease or any renewal or extension thereof, or to dispose of his leasehold to the United States Government on such terms and conditions as may be agreed upon between the lessee and said government. CONDITIONS UNDER WHICH AIRPORT MAY BE MOVED (m) In the event that said city should, during the original period of this lease or any renewal or ex- tension thereof, desire to acquire the land herein demised for the de- velopment of a deep water harbor, and use said land in connection with the deep water frontage of the es- tuary, lessee agrees to vacate said land and remove its improvements to another location on the tide and submerged lands of said city, pro- vided the city furnish him with a suitable parcel thereof to the southward or southeastward of the land hereby demised„ of the same general form, size and character as that which is then be- ing used by lessee. And in connec- tion therewith it is expressly agreed and understood that if such removal should be desired by the city for accommodation of some other pri- vate enterprise or industry, then the entire cost of such removal shall be borne by the city, whereas, if the removal should be desired by the city for the development of its har- bor as aforementioned, then the city shall pay the cost of removing the permanent structures only. as the words "permanent structure' are defined in said lease of Atwust 7, 1928. TRANSBAY BRIDGE (n) It is mutually agreed and understood that in case of the con- struction of a transbay bridge, hav- ing its eastern terminus on any of the land hereby demised, and a right of way is necessary over said land, lessee will not hold the city liable for any damages as a re- sult thereof, but will seek relief solely from the person, company or corporation owning- or controlling said bridge, and only then to the extent of his actual damage as de- termined by proceedings taken un- der and pursuant to the constitution and laws of the state. COVENANTS TO PAY RENT (o) It is hereby agreed and un- derstood that if the money rental above reserved or any part thereof shall not be paid on the respective days when the same is payable, or within ten (10) days thereafter, or if default shall be made in any of the covenants herein contained on the part of the lessee to be paid, kept or performed, then and from theneeforth it shall and may be law- TIMES-STAR ful for the city to enter upon the same premises, and every part thereof, and to have again, repos- sess, and enjoy the same as in its first and former estate, anything hereinbefore contained to the con- trary notwithstanding. And the les- see does hereby covenant and agree to and with the city that it shall and will annually, as aforesaid, dur- ing the said term, pay, or cause to be paid, unto the city the rent, on the days and in the manner limited and prescribed as aforesaid for the payment thereof, without any de- duction, fraud, or delay, according to the true intent and meaning' of these presents; and that on the last day of said term, or other sooner de- termination of the estate herein granted, the said lessee shall and will peaceably and quietly, leave, surrender and yield up unto said city the said premises and improve- ments in as good state and condi- tion as the same are now or may be put into, reasonable use and wear thereof and damages by the ele- ments ex.iepted. ARBITRATION (p) It is further agreed that in case the parties hereto should at any time not be able to agree as to the meaning of any of the terms, covenants or conditions contained in this lease, or the amount of money to be paid, one to the other, as herein provided, then and in that case each of said parties shall ap- point a disinterested arbitrator or appraiser, as the case may require, to determine the matter in question, and if the two persons thus ap- pointed should be unable to agree, they in turn shall appoint a third arbitrator, and the decision of any two of them shall be final and con- clusive. QUIET ENJOYMENT (q) And the said city hereby covenants and agrees that the said lessee, paying- the said rent and per- forming the covenants and agree- ments aforesaid. shall and may at all times during the said term, peaceably and quietly have. hold, and enjoy the said premises, without any manner of let, suit, trouble or hindrance of or from said city. TAX EXEMPTION TAXATION OF IMPROVEMENTS (r) Anything herein to the con- trary notwithstanding, it is mut- ually agreed and understood that the amounts of money rental herein specified to be paid by lessee shall be the full amount thereof, inclu- sive of any and all taxes which may be levied against the leasehold hereby created. However, it is fur- ther agreed and understood that all structural improvements on the land herein demised shall be subject to taxation unless exempted by law. SAFE MAINTENANCE (s) The lessee agrees at all times to maintain said property in a man- ner approved by the best practice and with due regard to the safety of persons and property. (t) It is further agreed that all the provisions of this lease shall ex- tend to and include the successors and assigns of the parties hereto. AIRPORT LEASE APPLICABLE (u) It is mutually agreed and understood that said city shall have no power to recapture or remove the lessee from said premises, or alter the location of the property herein demised; or pursue any other remedy hereunder, unless at the same time the city shall pursue the same remedy against the levee as provided by the terms of said lease of August 7, 1928, now held by les- see. All the provisions of said lease of August 7, 1.42e, not in con- flict herewith, Shall be applicable to this lease. (v) It Is further agreed and un- derstood that the surrender and re- turn of the said 52.64 acres of land at the eastern end of the airport aforementioned which is to be re- turned to the city as part considera,- tion for granting of this new lease of 50 acres at the western end thereof. shall not become effective until and unless this new lease shall be and become in full force and effect. IN WITNESS WHEREOF, the said parties have hereunto set their hands on the day and year first above written. CITY OF ALAMEDA, By Attest: Mayor. City Clerk. ALAMEDA AIRPORT, INC, By By President. Secretary. ' R 0 ; . . 2a 2 49 55 7 30 22 4 11 23 0 22 32 06 23 e 24 13 7 25 7 10 79 12 47 7 16 '79 7 24 7 2 7 6 7 5 19 102 75 20 95 7 110 129 107 ¢B BB n TV TB 7 45 61 4 1,11 2 67 7 7 50 2 7 72 6 47 7 his umber to our T of by Inspectofi ) w AMP ° Nev'ele With Pen or Pencil ( Fold Ballot to This Perforated Line, Leaving Top Margin Exposed) GENERAL MUNICIPAL ELECTION CITY OF ALAMEDA Tuesday, November 5, 1929 To vote in favor of the proposition, ri� � �' lons To e • and thereby authorize a leasing of said tide and submerged lands to the Alameda Airpctrt, Inc., f or a yacht harbor, stamp a cross (X) in the voting square to th -dal! o word "YES." To vote against the proposition and thereby refuse, a thorize the leasing of said tide and submerged lands to the Alameda Airpo Inc., for a yacht harbor, stamp a cross (X) in the otin square to kh,�., light of the word "Na" All marks, except tpe crass ';X) !1;rbidden. All distinguishing marks or erasures are-f6rtrAdei and RHa a the b llot void. If you wrongly stamp, tear or deface Cis hnHot, rethrn it t 'Lhe Inspector ctor of Election and obtain another. I IT ?'TCIPAL TICKET QUU ST 1ON Shall the following ordinance be adopted? T8 19 RDINA NICE NO._ New Series "An ordinance authorizing and providing for the leasing of 50 acres of tide and submerged land on the western waterfront of the city for a yacht harbor, in exchange for 53 acres more or less of such land at the eastern end of the Alameda Airport," which ordi- nance involves the following City y cht harbor, in of such lands which p y give 52.6 . acres PR0h°'3�SITION Proposition that the Cit of Alameda lease to the Alameda Airport, Inc., 50 acres of tide and submerged lands on the western waterfront for a a consideration that said con an ive bac o suc an s w is it now holds under lease. C -f 43 56 57 58 59 ..i0 .P MD OD 67f 3 7 30 68 15 �* f AAA 4�� 50 r ' 5 24 r - �Lvkr 533 52 52 59 59 94 75 50 29 72 ..[. v �•. ry us,7 �..a f.airie a Iv <3�C