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HomeMy WebLinkAbout2613 - Dock & Garage or Storehouse in Tract 919rl Li 1 3 4 5 6 7 8 9 10 11' 12 13 14 15 I6 I7 I8 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION N0, WHEREAS, J. R. OWENS, who did on or about the 24th day of March, 1941, enter into a certain lease agreement with the City of Newport Beach, in regard to the renting of a certain dock and garage or storehouse in connection therewith from the city of Newport Beach, which dock and garage or storehouse is located on city owned property easterly of Tract No. 919 in the City of Newport Beach, has requested the City of Newport Beach to cancel said lease as of March 15th, 1942, for the reason that he has disposed of his boat MELODIE to the United States Government and has no further need for said dock and garage or storehouse; and WHEREAS, by the provisions of said lease agreement aforesaid, it is provided among other things, "that in the event the United States Government shall confiscate or take over the yacht Melodie at any time during the term of this lease, then at the option of the party of the second part, this lease shall terminate and be of no further force or effect for any purpose whatever upon said second party giving to said first party a thirty days' written notice to the effect that the United States government has confiscated or taken over sAid yacht Melodie. Upon said lease being cancelled for the reason and in the manner aforesaid, then and in such an event the rents herein provided for shall be pro- rated between the parties hereto, and from and after said date of �termivation no further rents shall be collected hereunder "; and WHEREAS, the City Council of the City of Newport Beach has received notice to the effect that said J. R. Owens has disposed of his boat "Melodie" to the United States government and that the said United States Government has taken said boat, and that the said J. R. Owens has no further need for said dock and garage or storehouse in connection therewith, and has asked that LAW OFFICES OF ROLANO THOMPSON 1 210 SPURGEON SLOG. J•, SANTA ANA CALIF. 1 said lease be terminated and the rents pro -rated under the terms 2 of said agreement; and 3 WHEREAS, the it is the opinion and ,judgment of the City 4 Council of the City of Newport Beach that in as much as the 5 United States Government hAs taken the boat MELODIE from the 6 ownership of the said J. R. Owens and the said J. R. Owens has 7 no use or need for said dock, or garage and storehouse, that said 8 lease agreement should be cancelled and the rents paid in advance 9 pro -rated as of March 15th, 1942. 10 11 NOW, THERa4 ORE, BE IT RESOLVED: That that certain lease 12 agreement covering dockage and garage or storehouse, for the 13 boat Melodie, and heretofore referred to, be and the same is 14 hereby cancelled, annulled and terminated as of the 15th day of 15 March, 1942. I6 BE IT FURTHER RESOLVED that the rents paid in advance by the I7 said J. R. Owens for said dock and storage garage be pro -rated I8 as of the 15th day of March, 1942, and that there be refunded to I9 the said J. R. Owens the exm of $101.37, and a warrant drawn 20 therefor. 21 +4'a. 23 I hereby certify that the above and foregoing Resolution 24 was duly and regularly passed and adopted by the City Council of 25 the City of Newport Beach at a regular meeting thereof held on the 26 1 6th day of April, 1942, by the following vote, to -wit: 27 28 29 30 NOES, COUNCILMEN: S- A 1:t.Q7N7rr1 COUNCILMEN: _— X32. LAW OFIJCC. OF City ROLAND THOMPSON Y V lerk 210 SPURGEON BLDG. SANTA ANA CALIF. �1