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,