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HomeMy WebLinkAbout909 - Live Bait License AgreementLl 3 4 5I 6 7' 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24I 25 26 27 28 • 29 30 31 32 ROLANO THOMPBON ATTORNEY AT LAW BANTA ANA, CALIF. RESOLUTION NO. q 0 i 3 WHEREAS, on the day of October, 1934, a certain License Agreement was made and entered into by and between the city of Newport Beach therein designated the party of the part, and George C. Hiner, therein designated the party of the second part, which said license agreement referred to a certain pier located in the City of Newport Beach, which extends into and over the waters of the Pacific Ocean opposite McFadden Place; WHEREAS!,. said license agreement gave to the said George 0. Hiner the exclusive right and privilege of having live bait on said pier for the purpose of sale and selling the same; and WHEREAS, said license agreement was granted to the said George C. Hiner, for a two year period commencing as of the let day of October, 1934, and ending as of the 30th day of September, 1936, upon the considerations mentioned in said license agreement; and WHEREAS, at the time of the making of said license agreement, it was.not foreseen by either party to said license agreement that dredging operations would greatly interfere with and to some extent ruin fishing from said pier heretofore described; and WHEREAS, the only value that said license agreement Is to the said George 0. Hiner is the sole right and privilege of selling live bait to fishermen using said pier, and hisrhole Income under said license is derived therefrom; and WHEREAS, dredging operations and the depositing of dredging materials on the ocean front has interfered,to some extent with the fishing from said pier and by reason thereof said George C. Hiner's income from the sale of live bait has greatly i 1 2 3 4 5 6i 7 8 9 10 �. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 °:• .29 30 31 32 ROL.AND THOMPSON ATTORNEY AT LAW SANTA ANA. CALIF. diminished; and WHEREAS, the City Council of the City of Newport Beach believes that an adjustment should be made with the said George 0. Hiner, by reason of the aforesaid, and in accordance with his application for adjustment requested in,that certain letter received from George C. Hiner, addressed to the City Council of the City of Newport Beach, and dated July 29th, 1935., NOW9 THEREFORE, BE IT RESOLVED: That the said lioense.agreement dated the said day of October, 1934, be and the same shall be oanoelled, annulled and declared of no further force or effect, when and Af the said George 0. Hiner, shall sign an agreement to that effect on the first page of said agreement now on file with the City Clerk of the City of. Newport Beach; and BE FT FURTHER RESOLVED: That a new license agreement containing the same terms and provisions as the license agreement to be cancelled as aforesaid,be executed, except that the period for whi dl said license agreement shall run, shall be from the let day of October, 1934, to and including the 30th day of September, 1937, and the allowance to be made on the purchase price of the equipment, shall be $33.33 1/3 per month, in lieu and stead of #50.00 as in said former license agreement provided. BE IT- FURTHER.RESOLVED: That the Mayor and City Clerk of the City of Newport Beach be, and they are hereby authorized and directed to sign said new'lioense agreement in duplicate and to deliver an executed copy thereof to the said George 0. Hiner, upon his signing a cancellation of the first agreement therein mentioned,-and exeouting the new agreement. I hereby oertify that.the above and foregoing Resolution was duly and: regularly passed and adopted by the City : 2- 0. i 2 3 4 5 6 7 8. 9 Council of the City of Newport Beaoh at a regular meeting thereof held on the 16th day of September, 1935, by the following vote, to -wit: A `^ z' ROLAND THOMPSON ATTORNEY AT LAW EANTA ANA, CALIF. AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: :13 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 29 30 31 32 ROLAND THOMPSON ATTORNEY AT LAW EANTA ANA, CALIF. AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: