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HomeMy WebLinkAboutReso 1950-1145 RESOLUTION NO. 1145 $ i l► RESOLUTION NO. //'Ai RESOLUTION OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH MAX FELDMAN AND SEYMOUR SMITH FOR USE OF TIDELAND FOR SIX MONTHS AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement dated July 13th, 1950, between MAX FELDMAN and SEYMOUR SMITH and the CITY OF CHULA VISTA, a copy of which is attached hereto and incorporated herein the same as if fully set forth at length, •be, and the same is hereby • approved, and that Z. DWIGHT KIDDER, Mayor of the City of Chula Vista, be, and he is hereby, authorized and directed to execute the same for and on behalf of the City of Chula Vista. ADOPTED, SIGNED AND APPROVED this IB day of July, 1950. Mayor of the City •of Chula Vista, California. ATTEST: City Clerk of the City of Chula Vista, California. passed and adopted by the said Council of the said City of Chula Vista, California, this 13 day of July, 1950, by the follow- ing vote, to-wit: AYES: COUNCILMEN kaSder Pg;i hi arid, 'Logan, Hobel NOES: COUNCILMEN AtonR ABSENT: COUNCILMEN Nye City Clerk of the City of Chula " Vista, California. �.. r .. AGREEMENT • . In consideration of the promise by MAX FELDMAN and SEYMOUR SMITH, partners; party of the first part: to pay to the CITY OF VHULA VISTA, a municipal corporation: party of the second parts the sum of FIFTY ( 5040) DOLLARS, per month beginning on the 20th day of July0 195), payable i month.ig installments on the 20th day of each month, the receipt of the first installment being hereby acknowledged. and further i n consideration of the covenants herein made by the Party of the - First Pte, the- said Party of the Second Part does hereby grant to Party of the First Part a revocable lioeszte for a period of six months from the date hereof to enter upon the tide lands of they of the second Part lying southerly of the inter* section of !P' Street with the mean high tide line for the purpose of beaching, dismantling, wrecking and burning the hull of one ship known as a net tender, and other ships not greater than 125 feet in length, eai:d portion of the tidelands being described as foUo al Beginning at a point on the mean high tide;. line which is the #orthwesterly comer of Let 4 of 1/4 section 172 of Rancho de la Racian as shown on Assessors flap Nos 23*A; thence along said Heart high titie].i ns to a point 200 feet southerly from said paint of beginnings • ONEI Party of the First Part does hereby specifically coven• ant and agree not to use said tidelands for any purpose net hares in mentioned and to indemnify and hold harmless the said City from any loss, claim, suit or liability by reason of the use and occupancy of Party of the First Pqrt of the said premises, «: . . CJSO , S TWO Party of the First part does hereby specifically covenant and agree to leave and vacate the premises upon receipt of notice to move within ten (10) days or in any event on or before the expiration of the time herein mentioned in a clean and orderly condition and to remove therefrom any debri$; • ; trash or refuse and upon demand any building or .structure erected thereon, In the event of the failure of Party of the First part tp do so immediately1 the City of Chula Vista is expressly given permission to remove same and restore said premises in their • former condition in which event Party of the First Part agrees to promptly reimburse the a aid City of any and all .s incurred. As a guarantee and as security for the full and faithful performance of all the requirements of the Paragraph No T to, the Party of the First part shall deliver to the said City of Chula Vista, ul)v ; the execution of this agreements a good and - sufficient bond executed by an authorized surety company satin» factory to the said City cif Chula Vista in the sum of ONZ THOUSAND ( 100000) DOLLARS,' THREE: It is understood that any use or permission herein granted by the City of Chele vista to Party of the First Part is subject to any and all rights of Rohr Aircraft* if any to said premisee DATED: July 1 th t. 19$0, . Patty of the First Part; ' G op OHULA VISTA By , • • Mayor e t o CI y o C• ,`a Vista, California* -2 /