HomeMy WebLinkAbout460 - Cancellation of Lease with A R RussellRESOLUTION NO.
•
1
•
2
RESOLUTION OF THE CITY COUNCIL OF THE OITY
3
OF NEWPORT BEACH, CALIFORNIA, RELATING TO THE
CANCELLATION OF A CERTAIN LEASE MADE AND ENTERED
4
INTO BY THE CITY OF NEWPORT BEACH, AS PARTY OF
THE FIRST PART TO A. R. RUSSELL AS PARTY OF THE
5
SECOND PART, FOR NON- PERFORMANCi OF THE TERMS
AND CONDITIONS OF SAID LEASE BY SAID PARTY OF
a
THE SECOND PART, A. R. RUSSELL, SAID LEASE BEAR-
ING DATE THE DAY OF e(qe c� y tiy , 19252
7
SAID LEASE HAVING BEEN TRANSFERRED TO W. G. WII.
KINS, MAY 232 19272 BY AUTHORITY OF SAID CITY
8
OF NEWPORT BEACH.
9
WHEREAS, on or about the day of �� , 19252
10
a certain indenture of lease was entered into by and between the
11
City of Newport Beach, as party of the first part, and A. R. Russel
12
as party of the second part, wherein and whereby said party of the
13
first part did, for the purpose of having live bait constantly
14
supplied for the use of persons fishing on a certain wharf located
16
in the City of Newport Beach, which extends into and over the
16
waters of the Pacific Ocean, from the southerly end of Main Street
17
at Balboa, being the wharf erected by the funds of Municipal
18
Improvement District No. 1, leased and granted to the party of the
19
second part for a period of three years, commencing on the let day
20
of December, 1925 and ending on the 30th day of November, 1928, wit
21
the sole and exclusive right, privilege and license of having
22
live bait for the purpose of sale and selling the same upon and
23
along the deck or floor of the wharf hereinb.efore described, and
24
WHEREAS, it was agreed in said lease as the consideration
25
thereof that the party of the second part, A. R. Russell, agreed
28
to pay to the said City of Newport Beach the sum of $80.00 for the I
27
first year of said lease or license, $100.00 for the second year
28
of said lease or lioense, payable on the lot day of December, 1926
29
30
and $150.00 for the third year of said lease or license, payable
31
on the lot day mf December, 1927; and
32
1.
• 1 WHEREAS, said indenture of lease or license was transferred
• 2 May 23, 1927, to one W. G. Wilkins by authorization of the Board of
3 Trustees or City Oouncil of said City of Newport Beach, and
4 WHEREAS, the said party of the second past has not, nor
5 has his transferee, W. G. Wilkins, paid the rent on said lease or
6 license for the third year of said lease, amounting to the sum of
7 $150.00, and due and payable on the let day of December, 1927; and
8 WHEREAS, it is provided in said lease, among other things,
9 that if said party of the second part shall fail to pay any of the
to sums of money therein specified at the times and in the manner set
11 forth, that the Board of Trustees of the Oity of Newport Beach shall
12 have the right and power at any regular or special meeting thereof
13 to make and cause to be made and entered upon the minutes of said
14 meeting its order declaring said license terminated, and upon servio
15 upon the party of the second part of a copy of said order, then said
16 license and all the rights of the party of the second part therein s
17 immediately end, also giving and granting said party of the second
18 part five days in which to move his fishing gear and paraphernalia;
19 and,
20 WHEREAS, it appears to this board that the said A. R. Russo
21 cannot, nor can the said W. G. Wilkins be found and their present
22 residence and address is unknown to this board.
23 NOW, THEREFORE, BE IT RESOLVED, that said lease heretofore
24 mentioned, be and the same is hereby cancelled, annulled and set as
25 and the same shall be, from this date on, of no further fords or
26 effect for any purpose whatever, for the reason that said A. R.
F� 27 Russell and his transferee, W. G. Wilkins, have, and each of them
28 have wholly failed to pay the rental due and payable to the Oity of
29 Newport Beach, under the terms of said lease, amounting to the sum
30 of $150.00; and
31
32 11 2.
• 1
• 2
3
4
6
6
7
8
9
10
11
12
13
14
16
16
17
18
19
20
21
22
23
24
25
26
27
28
29
90
31
32
l
t
BE IT FURTHER RESOLVED, that a copy of this resolution
be given to the City Marshal or Chief of Police of said City for
service on the said A. R. Russell and the said W. G. Wilkins, and
that if the said city marshal or chief of police is unable to find
or locate the said A. R. Russell and the said YO. G. Wilkins, that
a copy of this resolution be sent to each of said parties through
the United States mail, postage prepaid, and the letter addressed
to said parties at Balboa, California, being the last known place
of residence of said parties; and
BE IT FURTHER RESOLVED, that within five days after the
service of this by personal service or by mail as aforesaid
that all equipment and paraphernalia of said A. R. Russell and
W. G. Wilkins remaining on said pier, shall become the property
of said City of Newport Beach as by the terms of said lease pro
I hereby certify that the foregoing Resolution was duly
and regularly passed by the City Council of the City of Newport
Beach at a regular meeting thereof, held on the 21st day of May,
19282 by the following vote, to —wit:
AYES, TRUSTEES : / 1.1� �P�fir+�iLlJ
NOES, TRUSTEES:
ABSENT, TRUSTEES:
= (BEAD;}`=
ATTEST :_
Clerk//of the City of Newport