HomeMy WebLinkAbout1719 - Planting of Specified Crops•
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LAW OFFICES OF
ROLAND THOMPSON
PIO SPURGEON SUILDINI
SANTA ANA. CALIFORNL
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RESOLUTION NO. i
A RESOLUTION OF THE CITY OF NEWPORT BEACH
AMENDING THE PROVISIONS OF A CERTAIN LEASE
BETWEEN THE CITY OFNEWPORT BEACH AND HARRY
C. FULTON, RELATIVE TO THE PLANTING OF
SPECIFIED CROPS.
WHEREAS, the City of Newport Beach did by Resolution
No. 1179} of the City Council of said city, duly execute a certain
Indenture of Lease covering certain real property owned by said
City with Harry C. Fulton, which lease is dated the 6th day of
September, 1937, and is on file in the office of the City Clerk
of said city; and
WHEREAS, said lease provides among other things as
follows:
"That he will personally occupy and till said
premises. That he will, during said term, keep all buildings,
fences, corral and other improvements now on said premises, or
which may be put thereon during the term hereof, by said party
of the first part, in good repair, damage by fire or the
elements excepted. That he will not commit nor suffer waste
to be committed thereon, and that the said party of the second
part further covenants that he will till and cultivate said
premises in a good, farmerlike manner. That he will, in due
and proper season, plant or sow said premises to beans, and
will harvest the same at his own cost, charge and expense,
as soon as the same is suitable for harvesting. That he will,
Immediately upon harvesting the same, shell, thrash and sack
In good, new, merchantable sacks, all beans of every descripti
raised on said premises i and as thrashed and sacked, divide in
the field, one - fourth (Z) part thereof for the party of the
first part shall be piled as and for the yearly rental and
as the property of the party of the first part, but the party
of the second part shall, upon request, Haul the same to the
Greenville Warehouse, free of cost to the party of the first
part. And all bean straw shall in like manner be divided at
the machine, as baled, and in this connection said party of
the second part shall bale the same at his sole cost and
expense, and a one fourth portion thereof set apart to the
party of the first part, as its property. However, the party
of the first part may require that its portion of said straw
be spread on the lands herein demised for fertilizer, and
the party of the second part agrees to spread said straw on
the lands demised at his sole cost and expense. ...........
It is also understood and agreed that the said
premises shall not be used by the said party of the second
part for any purpose other than herein specified,to -wit, the
planting and raising of beans thereon...."
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And WHEREAS, the said Lessee under said lease now
desires that said lease be amended so as to provide that he may
plant said lands to alfalfa for a period of two years from and
after the date hereof;! and
WHEREAS, a full and complete investigation has been
made by the City Council of the city of Newport Beach relative
to the benefits which the lands described in said lease would
receive by said planting, and said City Council believes that
it is for the best interests and benefit of said city that said
lease be changed, modified and amended so as to grant to the
said lessee, Harry C. Fulton, the right and privilege of planting
said lands to alfalfa during the ensuing two years.
NOW, THEREFORE, BE IT RESOLVED: That by reason of the
benefits that said lands will receive by the planting of alfalfa
thereon, the city Council of the city of Newport Beach deems
that it is for the best interests and advantage of said city
that said lease herein referred to be changed, modified and
amended so as to provide for the planting of alfalfa for the
ensuing two years on the lands herein me rationed, upon the terms
and conditions set forth in said proposed amended agreement.
BE IT FURTHER RESOLVED: That said lease, except as
herein changed and modified by Resolution No. 1424) and this
and the agreement herein referred to
resolutiory, shall remain in full force and effect.
BE IT FURTHER RESOLVED: That the consideration for the
modification of this lease shall be deemed to be and shall
be the added benefits which the city of Newport Beach will receive
by the planting of said lands to alfalfa instead of beans, for
the ensuing two years.
BE IT FURTHER RESOLVED: That the Mayor and City Cle3k
of the city of Newport Beach be, and they are hereby directed,
instructed and authorized to sign said Modification Agreement,
in the name of and on behalf of the City of Newport Beach.
LAW OFFICES OF
ROLAND THOMPSON n
210 SPUR GEON BUILDING
SANTA ANA. CALIFORNIA
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I hereby certify that the within and foregoing Resolution
was duly and regularly passed and adbpted by the City Council
of the city of Newport Beach at a regular meeting thereof held
on the 5th day of February, 1940, by the following vote, to.
-wit:
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ATTEST:
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COUNCILMEN:
YI
NOES, COUNCILMEN: /�,��
ABSENT, COUNCILMEN:9
LAW OFFICES OF 3•
ROLAND THOMPSON
210 SPURGEON BUILDING
SANTA ANA. CALIFORNIA
yo of the city of Newport
Beach