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Resolution 04693RESOLUTION NO. 4693 CONSENTING TO TH' ASSIGIZIrENT BY SUCCESSION BY PACIFIC PORTLAND CEMENT COMPANY OF ALL ITS RIGHT, TITLE AND INTEREST IN AND TO SHELL DREDGING AGREEMENT DATED APRIL 8� 1935., TO IDEAL CEMENT COMPANY A COLORADO CORPORATION WHEREAS, pursuant to Ordinance No. 532 N.S®, adopted by the Council of the City of,Alameda on February 5. 1935, a certain agreement was executed by and between the City of Alameda, a municipal corporation, and Ira Judson Coe, as Permittee, dated April 8, 1935, wherein the said City granted to said Permittee the right and privilege to go upon certain submerged lands in said City, in said agreement more particularly described, for the sole purpose of dredging,, taking and removing therefrom shells and shell deposits*S and WHEREAS, thereafter said agreement was assigned by said Ira Judson Coe to Pacific Portland Cement Company, a corporation; and WHEREAS, Pacific Portland Cement Company did, on the 16th day of December, 1952, agree, in writing., to a clarification of said agreement respecting the right of the City of Alameda to remove and permit others to remove fill material from the premises described in the agreement subject to notice to the Pacific Portland Cement Company of the Cityfs intention to remove or permit removal of such fill material and the right of Pacific Portland Cement Company during the period of such notice to remove shall from that portion of the described premises from which it shall be proposed to remove fill material; and WH.1`,'REAS, it is the purpose and intent of Pacific Portland Cement Company and the City of Alamed'a that the aforesaid agreement as to clarification shall be and become part of the original agreement hereinabove referred to, and 5 WHEREAS, it is now contemplated that there will be effected a statutory merger of Pacific Portland Cement Company into Ideal Cement Company., as a result of which Ideal Cement Company, as the surviving corporation, will succeed to all the rights and property of Pacific Portland Cement Company, subject to its liabilities; and I KHEREAS, in view of the contemplated merger, the Pacific Portland Cement Company has requested the writ -ten consent of the City of Alameda to such succession by the Ideal Cement Company to all the right., title and. interest of Pacific Portland Cement Company in and to the aforementioned agreement and the Ideal Cement Company has, in writing,, agreed that upon such succession it will ass'Lime and be bound by all the terms of the aforesaid agreement on the part of the Permittee to be kept and performed as in said agreement provided, NOW TH1EEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that consent be and is hereby given on behalf of said City to the succession,, by Ideal Cement Company, of all the right, title and interest of Pacific Portland Cement Company in and to the aforementioned agreement of April 8, 1935, such consent being given. upon the express condition that the Ideal Cement Company shall assume and be bound by all the terms and provisions of said agreement as amended by the agreement to clarification heretofore mentioned. I, the undersigned,, he2.-°eby certify that the fore�4oing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting asseribled on the 16th day of December, 1952, by the following vote, to wit. - AYES: Councilmen Anderson,, Branscheid, Jones, Sweeney and President Osborn, (5). NOES.* None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of December, 1952. (SIKAL) SHIRLEY IT. T-EINNII-rh' City Clerk of the City of Alameda I hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 1�693, CONSENTING TO THE ASSIGNMENT BY SUCCESSION BY PACIFIC PORTLAND CET,l1�i:NT COMPANY OF ALL ITS RIGHT, TITLE AND INTEREST IN AND TO SHELL DREDGING AGREE- MENT DATED APRIL 8, 1935, TO IDEAL CEMENT COMPAINY, A CCLORAg)O CORPORATION", introduced and adopted by the Council on the 16th day of December, 1952. City Clerk of the/, City of Alameda Im