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HomeMy WebLinkAboutCC Ord 260 1941-10-02 " . " . ' "'. ..... " ~. -~:-- . ('r"~'" , 0 '. -,'. ,... F.-ICIAL COpy I'L: ',.) ..: T^KEN F':OM t;}l.DI~':A..:IJE liO. 260 n-:..: C. ',-v CLERK'S O:=FIC'~., fu RDIl:...,,iE OF TH1: OI'l'Y OF SEtIL BE.\:'JH, OALIFCRl~lil., __ ' ,DI~,G SEGTIOl~ ... OF O:rtDI.I"i.:OE .:0. 231, .1!1. 'tITLED AS FCLLO:IS: II A.: O:dDI~';'.\1IOE OF THE UITY OF SEAL BEAuH, ~1iLIFOl!-:!~~!' G!l-Jl:,iTL'G '.l'C! H~Y ilL'i'~ A:D ,:i~... J!'RIEDi.:AIT, A Oo-P..;Rl.,,;,RaHI'~L ITS ::sUu.,ESSCRB .\,J) ASSIG..S, THE RIGHT '1'0 aSE, OPj!;Ri.T~ ili.:D liAI1~TAIN THE ..'HARF OR i.Ui.illJIPilL PLEilStTJ:U: PIER, AT THE SOUTHERLY EiiD OF ~:AIl: STREJi:T A:!D EXTE:,DI.:G SOUTHERLY FRO" THE SCUTH- ERLY LI:;E OF OOEAi': A'r.E~'UE I:..rO THE PAvIFICJ GOEAl! A DIs'tAl!OE <.JF EIGHT~:T HU.TDRED, A';!D i.OBEt FEET m LE.rGTH, I:: THE rJITY OF SEAL BE.il.\JH, "AI. FOm-IA". '.:lIEREAS, the Oi ty Oouncil of the Oi ty of Se!'l Beach, at & re&ular oeeting thereof duly held on the ~th day of Septenber, 1941, upon applioation of Jack Tubbs, the asslgnse and present holder of the Franchise on the :'unioipal Pier in said Uity, under and by virtue of the teruls thereof set forth in said Ordinance ~o. 231, entitled as ~oove, did res~lve to suspend the operation of said pier franchise and the obligation to pay the rentals due or to beco~e due for the period frou September 15, 1941, to Februp,ry 28, 1942, on aocount of the siok- ness of said applicant end his inability to continue to o~erate said pier for said period; The Oi ty Oouncil of the Oi ty of Beal Beach, do orde,in; e.s folloW's: I SEOTION 1. That Section ~ of said Ordinance ~o. 231, entitled as above, which section reads es follows: "Tha,t the rights and privileges herein ~ranted for the term of five (5) years, cOuuencing on the 1st day of :~y, 1939, and ending on the {Oth day of J, ril, 19~~, a a totel rent or sUli of Six -::ine Hundred '6 00.00) Dollars, ~ayable ~onthly in advence, on the !!- day of eech and every celender uonth of said teru in equal payuents of One Hundred (,;lOO.OO)Dollars for the first two (2) years of said tera, and of One Hundred and Twent -five ';'12 .00 Dollars for the last three l3) ye&rs 0 sei erm; reoe p of the first mmd last month's rental of said term in the amount of Two Hundred and Twent!-fiVe (~225.00) Dollars, being hereby aoknow- ledge by said City. And the said grantee, its suocessors or assigns, do hereby prouise and agree to pay to the said City the rent and suus, herein reserved in the ~anner alld at the tiues nerein specified. And the said crantee, its successors or assigns, agree to pay all charges for ua.ter, gf',S and electricity used in, upon or in co~aection uith the operetion of said uharf or ~ier, ui th the exception of the pUblic lighting s~rstem, public rest roows and toilets. And it is agreed, thr.t if any rellt or suus saall be due and unpa.id, or if defeult shall be ~ade in any of the Covenants herein contained, then it shall be lawful for said Uity or its authorized agents to re-enter ~nd take possession of s~id uharf or Dier and re~ove all persons therefrom;" be, and the sa~e is hereby ~ended to read as follous: ) - 1 , '.0 I I I Ordinance Number ", " . .~ "- " ..". . Seotion 4. That the rights and privileges herein granted for the term of five (5) years, cou~encing on the 1st day of ~. 1139, and ending on the 30th day of A rll 1 at a-tota rent or SUlJ. of Sixt -l!ine Hundred: . Dollars, payable ~onthly in a vance, on the l!- day 0 each and every calendar uonth of said term in equal pay- ments of One Hundred ;'100.00 Dollars for the first two 2) years 0 Sa ere, an 0 ne Hundred and Twent1-Fi've ,"12 .00 Dollars for the last three (3) years of said erm; rece p 0 the first and last month's'rental of said te1'lll in the auount of TI'l'o Hundred and Twentrfive ((j225.00) Dollars, being hereby aoknowledged by said ity. ~nd the said grantee, its suocessors or assigns, do hereby pro~ise and agree to pay to the said Oity the rent and sums, herein reserved in the manner al1d at the times herein specified. And the seid grantee, its sucoessors or assigns, agree to pay all charges for water gas and electricity used in, upon or in oonnection with the opera- tion of said wharf or pier, with the exce,tion of the publio lighting system, public rest rooms and toilets. And it is agreed, that if a~y rent or suus shall be due and unpaid, or if default shall be made in any of the Oovenants herein contained, then it shall be lawful for said Oity or its authorized agents to re-enter and take possession of said wharf or pier and remove all persons therefrom. That the ri3hts and privileges herei~ above granted, end the obligations to pay, said rents as stated, and in- cluding the provision providing that in oase of default of the paYMent of said rents, said Uity may re-enter end take possession of said pier, are hereby suspended from operation for the period frma Septeuber 15, 1941, to and including February 25, 1942, and that because of the in- ability of said grantee to occupy sDid pier for said period, the Oity cancels the rents due or to become due therefor, and reduces the total rents due under the tenus of said Frenchise in an acount equal to the sum of Six Hundred Ei~ht'-Seven and 0 100th '6g. 0 Dollars;land provi e ur er a n even sal i y s a have the opportunity to re-advertise or re-let said Franohise during said period of suspension, that it shall have the right so to do, and in such event said Franchise shall beooue fully operative again, and in any and all events as to said ,grantee, Jaok Tubbs, all rights, privileBes and obligations under the terms of seid Franchise shall be in full force and effect with the expiration of said period of suspension; namely upon ~roh 1, 19!j.2, and for the remainder of the full term thereof ending on the 30th day of April, 191~4, Provided further that the terus and conditions of this amendoent to said Ordinance ~o. 231, sha~l be in full force and effect upon said grantee signing an acoeptance thereto and filing the aaue ~ith said Oity ~ithin thirty (30) days from the adoption of this Ordinanoe. &EOTIOil 2. The Oity Clerk shall cause this Ordinance to be published once in the Seal Beach Post & ~ve, a newspaper of general circulation, printed and published in said City, and it shall thereupon ta,ke effect. l~dopted, signed and approved this .1. ~ day of October, 1941. iaYO~~ Oalifornia. ' ATTEST: ~ alt't.~ /J. tI1. . l1itv Olerk.