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HomeMy WebLinkAbout2756 - Lease to SM Spalding• 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 RESOLUTION NO.%fL- WHEREAS, the City Council of the City of Newport Beach did on or about the 3rd day of February, 1941, lease and let unto one S. M. Spalding, a certain dock or pier to be constructed by the City of Newport Beach; and WHEREAS, the rental on said dock commenced as of the let day of March, 1941, and rents have been paid thereon in accordance with said lease to and including the let day of March, 1943; and WHEREAS, the United States Government has taken over the yacht or boat owned by the said S. I.I. Spalding, for the duration of the National emergency, without compensation to the said S. M. Spalding; and WHEREAS, the said $. M.$palding has requested the City of Newport Beach that said lease be cancelled by reason of the fact that he is no longer able to use said pier or dock; and WHEREAS, the City Council of the city of Newport Beach believes that said dock may be used or re— leased by the City to others at a compensation equal to that received or to be received under the terms of the lease from the said S. M. Spalding; WHEREAS, the City Council further believes that it is for the advantage and best interests of said City that said lease be cancelled as of March 1, 1943; and WHEREAS, the City Council further believes that the consideration for the cancellation of said lease is in all respects just, fair and adequate. NOW, THEREFORE, BE IT RESOLVED: That that certain lease dated February 3, 1941, made and entered into by and between the City of Newport Beach, therein designated Party of the First LAW OFFICES OF 1 ROLAND THOMPSON e 210 SPURGEON BLDG. SANTA ANA. CALIF. -.91� 1 Part, and S. M. Spalding is therein designated as party of the 2 second part, and covering a dock approximately 100 feet in length, 3 ten feet in width, with landing float eight feet by forty feet, 4 with two (2) 4 -pile dolphins at each end of the float, on city 5 owned property easterly of Tract No. 919 in the City of Newport 6 Beach, be and the same is hereby cancelled, annulled and declared 7 of no further force or effect for any purpose whatever. 8 BE IT FURTHER RESOLVED: That a certified copy of 9 this resolution be sent to S. M. Spalding and that the City Clerk 10 request the said S. M. Spalding to return his copy of the lease 11 to the City of Newport Beach, showing that the same has been 12 cancelled by mutual consent of the parties thereto. 13 14 . I hereby certify that the above and foregoin 15 resolution was duly and regularly passed, adopted an app oved 4 A bIA1 16 by the City Council of the City of Newport Beach at a„ regu ar 17 meeting thereof held on the'��� day of r ', 1943, by 18 the following vote, to -wit: 19 20 AYES, COUNCILMEN: heS, 21 r` 22 \�Ae� �ee��• 23 NOES, COUNCILMEN: o 24 25 ABSENT, COUNCILMEN:9S1p�— 26 A TEST: 27 28 City Clerk ,t 30 jayor 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF.