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HomeMy WebLinkAbout1424-1/2 - Lease Relative to Payment of Rent0 Ank 1W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 r. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL AMENDING THE PROVISIONS OF A CERTAIN LEASE RELATIVE TO THE PAYMENT OF RENT. 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 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 description raised on said premises and as thrashed and sacked, divide in the field, one - fourth (jj 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 partion 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." LAW OFFICES OF I 1 ROLAND THOMPSON 310 SPURGEON BUILDING SANTA ANA. CALIFORNIA 0 1 2 3 4 5 6 7 8, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 �W., 'qPF 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON SUILOING SANTA ANA. CALIFORNIA . , And WHEREAS, the lands leased by the City of Newport Beach to said Harry C. Fulton, were greatly damaged by the flood waters in the Spring of 1938, and said flood waters deposited a great deal of debris upon said lands and by reason thereof the said Harry C. Fulton was compelled to and did clean up said debris in order to wake said lands tillible and in a condition to be again cultivated, all of which caused said Harry C. Fulton a great dead, of damage and expense; and WHEREAS, the said Harry C. Fulton has asked that his rental be reduced by reason of the aforesaid for the crop year 1939. NOW, THEREFORE, BE IT RESOLVED: That by reason of the damage sustained and the losses incurred by the Lessee, Harry C. Fulton, under the terms of his lease with the city dated September 6th, 1937, the City Council of the City of Newport Beach deems that it is for the best interests and advantage of said city that said City accept under the terms of said lease heretofore set forth, a one - eighth (1 /8th) part of all beans after the same have been thrashed and sacked as aforesaid, in lieu and stead of a one - fourth (kth) part, for the crop year 1939, that is to say, that said City will accept as full rental for said premises for the beans which will be harvested in August, September and October, 1939, and grown upon said premises, under the terms of said lease, and as full rental for said year, one - eighth (1 /8th) instead of one - fourth (�th), as provided for in said lease. BE IT FURTHER RESOLVED: That said lease, except as hereby changed and modified, shall remain in full force and effect, and said modification shall only affect the bean crop to be grown on said property for the year 1939. 2. ._,, -s 11 �,•, 1 BE IT FURTHER RESOLVED: That the consideration for the 2 modification of this lease shall be deemed to be and shall be the • 3 work that said Harry C. Fulton shall have put on said land in 4 the cleaning up of the debris deposited thereon by the flood 5 waters of 1938. 6 7 I hereby certify that the above and foregoing Resolution 8 was duly and regularly passed and adopted by the City Council of 9 the City of Newport Beach at an adjourned regular meeting thereof 10 held on the 21st day of November, 1938, by the following vote, 11 to —wit: 12 13 AYES, COUNCILMEN: !C)c bm, 14 JL ., 15 16 17 18 19 20 21 22 X23 24 2 5.a 26 21 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 310 SPURGEON BUILDING SANTA ANA. CALIFORNIA ity NOES, COUNCILMEN: ABSENT, COUNCILMEN: Mayor�of t e city of Newport Beach 3,