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HomeMy WebLinkAbout2614 - Boat Slip Rental in Tract 9191 RESOLUTION NO. " ".'- 2 3 WHEREAS, John Ford, who did on or about the 6th day of 4 October, 1941, enter into a certain lease agreement with the 5 City of Newport Beach in regard to the renting of a certain boat 6 slip belonging to the City of Newport Beach, for his boat ARANER, 7 and located southeasterly of Tract No. 919 in the City of Newport 8 Beach on city owned property, has requested said City to cancel 9 said lease as of the let day of March, 1942, for the reason that 10 he has disposed of his said boat ARANER to the United States 11 government and has no further need for said boat slip; and 12 WHEREAS, the City of Newport Beach has also rented a certain 13 storage garage in connection with said boat slip to the said John 14 Ford, under a certain agreement of lease dated October 20th, 1941, 15 wherein the City of Newport Beach is designated as the party of I6 the first part, and John Ford is designated as the party of the I7 second part, said storage garage being located easterly of Tract I8 No, 919 in the City of Newport Beach; and I9 WHEREAS, said garage wee rented to the said John Ford in 20 connection with said boat slip and the two are used together, 21 and in the event either lease is cancelled it is the opinion and 22 judgment of the City Council of the City of Newport Beach that 23 both lease agreements herein mentioned should be cancelled in 24 order that the City may re -rent and re -lease said boat slip and 25 26 storage garage in connection therewith; and 27 WHEREAS, by the provisions of the said lease agreement 28 aforesaid, it is provided among other things, "that in the event 29 the United States government shall confiscate or take over the 30 yacht ARANER at any time during the term of this lease, then at 31 the opinion of the party of the second part, this lease shall 32 terminate and be of no further force or effect for any purpose LAW OFFICES OF II 'OLANO THOMPSON 'O SPUNGEON SLOG. \NTA ANA CALIF. 1 whatever upon said second party giving to said first party a thi 2 (30) days' written notice to the effect that the United States 3 government has confiscated or taken over said yacht ARANER. Upon 4 said lease being cancelled for the reason and in the manner 5 aforesaid, then and in such an event the rents herein provided 6 for shall be pro - rated between the parties hereto, and from and 7 after said date of termination no further rents shall be collected 8 hereunder "; and 9 WHEREAS, it is the opinion and judgment of the City 10 Council of the City of Newport Beach that in as much as the 11 United States government has taken the boat ARANER from the 12 ownership of the said John Ford, and the said John Ford has no 13 use or need for said boat slip and storage garage, the said lease 14 agreements should be cancelled and the rents paid in advance, 15 pro -rated as of March let, 1942. I6 I7 NOW, THEREFORE, BE IT RESOLVED that that certain lease I8 covering the boat slip for the boat ARANER and heretofore I9 referred to, be and the same is hereby cancelled, annulled and 20 terminated as of the let day of March, 1942; and 21 BE IT FURTHER RESOLVED that that certain lease agreement 22 dated the 20th day of October, 1941, wherein the City of Newport 23 Beach rented to the said John Ford a certain garage be, and the 24 same is hereby cancelled and terminated as of March 1, 1942; and 25 BE IT FURTHER RESOLVED that the rents paid in advance by the 26 said John Ford for said boat slip be pro-rated as of March list, 27 1942, and that there bd refunded to the said John Ford the sum 28 of $1696.00, and a warrant drawn therefor. 29 30 31 I hereby certify that the above and foregoing resolution 32 was duly and regularly passed and adopted by the City Council of LAW OFFICES OF II ROLAND THOMPSON 2U SPIIRGEON BLDG. SANTA ANA CALIF. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 -14 _15 MI6 I7 I8 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPUR GEON BLDG. SANTA ANA CALIF. the City of Newport Beach at a regular meeting thereof held on the 6th day of April, 1942, by the following vote, to --wit: r•r�,�•r: City Clerk 4 AYES, COUNCILMEN: J�Uo r�g�y A A1311 NOES, COUNCILMEN: ABSENT# COUNCILMEN: ayor ✓:; ►