BOARD OF PORT COMMISSIONERS CITY OF OAKLAND
PORT ORDINANCE NO. 175 Introduced by Seconded by
_ ,, AN ORDINANCE PROVIDING FOR THE COMPLETION OF PRO-I Mils Board aiter studital— and' •maintaining and-using oil Pipe lines,; CEEDING FOR RETAKING OF iveys having been made, and upon; over the areas to be retaken by the' PORTION OF PREMISES CINDER the recommendation of its counsel city to vessels berthed along- the" BY THE CITY OE' OAK- and the Pori Manager and Chief waterfront for the transportation LANDLEASE TO PARR TERMINAL COM- Engineer, and being fully advised :of oil and petroleum products, which PANY, A CORPORATION, ON ITS the premises, finds and de- said sub-leases are expressly made WESTERNERN WATERFRONT AREA, termines that all the rights, titles' i stib ieet to all the tern, end condi- THEW COMPROMISE AND ADJUST .- land interests of said lessee in and' } Hone of said Parr !ea se, a m ling MENU OF CERTAIN RELATIONS: ito said area of the said Parr lease (which condltiOns is the city's right WITHW SAID COMPANY IN RES- 'described in sold Port Ordinance f recapture as aforesaid, and the PECT THERETO. DISMISSAL OF , 'No. 92, should be completely and CityO of Oakland, in the exercise of. ';PENDING LITIGATION,THE RE, recquir,da, at this time, and its powers and functions in provide! VISION OF THE LEASE OF SAID (d) WHEREAS, the recapture Ina- facilities for the accommodation CORPORATION, THE ENTERING , from the said Parr Terminal COM- !of commerce and navigation, desires, INTO OF CERTAIN AGREEMENTS pang of al/ the said portions of the Ito effect arrangements as herein-1 WITHW CERTAIN OIL CORPORA-, waterfront area possessed by the after set forth whereby maid oil' TIONS, THE COMPROMISE OFD said lessee and described in said., co n shall he enabled to, OTHER MATTERS AND PROVID- ,Port Ordinance No. 92, together transport such oil and petrolemn ING FOR THE PAYMENT OF COM -- ; With the wharve*, transit sheds,. !products over the areas to be re-: PENSATION THEREFOR. !railroad tracks and other port: ;captured, and use the present oil; facilities and improvements located pier for- the docking and loading of, BEIT ORDAINED by the Board thereon, will render it impossible 'ships, or such pier as may be sue-, of Port Commissioners of the City for the said lessee to perform •stituteci therefore and the city shall 'of Oakland, as follows : various obligations provided for in' be entitled to.',-receive each year the (a) WFIEREAS,pursuant to the, the said Parr lease, and it is neees- revenues to- be derived therefrom,, provisijs of that certain leasia nary that the said lease be herewith and on by the City of Oakland, a revised accordingly, and that the (h ) WHEREAS, in recapturing' ;grantedmunicipal corporation, to the Parr, rent to be paid by , said lessee be the said premises described in McCormick Steamship Line, a cor- reduced in the proportion which Port Ordinance No. 92, the said raid poration, under date of June 15th,: the acreage of the land east of the will become entitled to all the city.in- , herein tertermedm the "Parr ' bulkhead as to which this lease terests of, in, and to that certain: 1918lease," (which lease was assigned shall thus be terminated (being sub-lease to a portion of the said to Parr TerminalTerm Company, a cor- 30.0.78 acres) shall bear to the total }premises, which sub-lease was en-, poration, and revised as of the date acreage of the bindeast• of said }tered Into by the Parr Terminal; of March 11, 1919, and thereafter bulkhead covered by the lease (be- :Company with the Western Sulphur confirmed by the action of the- ling- 64.54 acres) and to provide that 'Industries, Inc. Ltd. and their ewe Superior Court of Alameda County, the said lessee shall thenceforth Idecessors in interest, and therea.ftei, State of California, by a judgment pay Or be bound thereunder to pay 'receive the en tire rental: Income' rendered on December 6, 1921), the, for the leased premises to be re- therefrom (which income", e`now Board of Port Commissioners, act-'` gained by it (being 84.512 acres) said 'amounts to Three Thousaride(t9lieele: ing for and on behalf of the said; reduced rent In the annual amount, 09) Dollars per annum), .ande • the City of Oakland, on June 30, 1930,i of $8,021.07, and said city will become entitled'. to" all, duly and regularly adopted its Port; (e) WHEREAS, in the composi- tile interests of, in, and to- that e'er- Ordinance No. 92 providing for the- ,tion of said matters, the said Parr, taih• sub-lease to a pbe•tiOn of :he giving. of notice to the said lessee 'Terminal Company shall sum ender said premises, which "itiblease was of the. intention of the said city to ,all rights and interests in and to the: 'entered into by the Parr Terrill-nal ,partially terminate the said lease- moneys which the said Parr lease! 'Cornpally with "fife Bridge Builders, }hold and to retake for public use provides shall be set aside and! Inc., a Nevada corporation, on the ;all the water channel and basin which is actually set aside In that I30th day of June,'..-1933, at the an- said Parr lease together, certain fund held by the City i nual rental of PiveeThousand _Pour :with'described a portion. in of the filled land in ,Treasurer of the City of Oakland :Hundred (85400.00) Dollars, and, 'the rear and east of the bulkhead,, and known as the Parr Terminal }thereafter receive the' entire incomei ,the entire portion to be thus retaken, Company Improvement Fund No. [therefrom, and covering 60.97 acres, and the im- 485, or the "lessee's improvement (i) WHEREAS, tin understa.nd- provements located thereon (con- account," and which is also re- ling has been reached with the said sisting of wharves, transit sheds, oil ferred to as the Parr Terminal Corn-' ;Parr Terminal Company for the pur- pier, trackage, roads, scales and pany Improvement Approp riallon }pose of recapturing such portionsi other structures, facilities and im- No. 223, and which moneys were pf said waterfront together with all! provements) together with the dock- and are available for reimh r. fug rights connected therewith and the, age and tolls, rents, oil toll and the said lessee for certain imprevee to be derived therefrom! other revenues derived therefrom,,: merits which it might niche', et/ land adjusting all the difference:, 1-111 area of whichwh i portion to be l said lessee shall agree that the said ithatters in controversy between the! retakenthe ar is particularly described in' fund and account may be, abolished' Isaid lessee and the City of Oakland,: the .said ordinance, and did there-, and• said moneys be made imme-: 'including the asserted right of said; after duly and e egularly give to the, idiately available for the use, of the, ;company for damages from the city} said lessee one year's written ad-, City of Oakland, freed from all: for- Pon-dredging, and providing foie Vance notice thereof, and after nego-, righ t and interes t of ththe lessee;le the payment by the City of Oakland! tiations had with the said lessee to; , therein, or of any one claiming' to the said Parr Terminal Company, :determine throughthe fair and thereasonablereasonabl lessee, or on its behalf, of the sum.ne One Hundred Thirty-, valuation of the improvements and that the said city shall no; eight Thousand Seven Hundred Fifty' placed upon the leasehold premise* ;longer be required to maintain the (1138,750.00) Dollars, as hereinafter,' by the lessee, in order to fix the said fund or account for the ex - 'provided, in fun compensation amount of., the compensation to be [elusive benefit of the said lesseel therefor, said sum to he pa id by paid to the' lessee as is required by 'until June1st,1 1943, or otherwise, or' warrant drawn by the City Auditor the provisions of said lease, it is, tat all, as now required by the terms of the City of Oakland from a pore; desired to complete the said pro-' [of said ].ease, and tion of the moneys now credited to' ceedings in order that the said city;y (f) WHEREAS, the abolishmen t }the aforesaid lessee's improvement might retake possession of and have Of said lessee's improvement account }account, in settlement and corn-; the said portions qf said leaseltold,• will forever bar the lessee from re- promise of the matters herein men-1 land to cause such, modifications Lo 'covering from the City of Oakland Honed, and it is reasonable and, lease as may be reimbursement from said fund in !proper that the procedure for recap-, •berequired made therefor in said' and thereby, and the amount of $630,477.24, or in any tore• of said portion of said lease-'I (b)(b WWHEREAS,, following the ta.mount, tor the alleged construction hold be completed, said agreements'; initiation of said procedure for the ! of vegetable oil storage or other land arrangemen is of comprornise,, recapture or retaking of said por- facilities; tor which alleged rights ,adjustments and settlements lie per- retions of the leasehold premises and of re-imbursement the said 'essee formed, and said payment be made. the improvements placed thereon has brought two actions against the NOW; THEREFORE, ,by the said Parr Terminal Corn- city, one of- which actions is now consideration of the law and !.pang, the said lessee made claim pending before the Superior Court !the premises herein, and all things' the saisaid c i ty 'had no right of Santa }Clara County, California, !considered, laid IT FURTHER OR-} 'undertha t the law to retake all or any and the ;Clara upon appeal before DAINED: 'part of ththe saidsa p remises, par •Lhe Supreme Court of California, el SECTION 1. The Board of Port, Iticularly those portions being a part - land •ae a consequence of which said 'Commis sioners, acting for and on: of Parcel NU. L as described in said action, must bi- dismissed, and 'behalf of the City of Oakland, a is necessary to adjust •(g)(g) wiiEl-lEAS the General Pe- }municipal corporation, thereunto, 'lease, ,troleum Corporation of California. "duly authorized, hereby finds and, 'and determine said controversy) la corporation, the Richfield Oil "duly that all the matters and and ;Company, a corporation, and The, 'things set forth in the foregoing • (e) WHEILEAS, it is necessary' Texas Company, a corporation. hold ;recitals are true and correct as; and convenient for the further im-I (certain sub-leases from the said therein stated, and that require-: .pioereanent of the facilities of the -Parr Terminal-Company Company for the Per- :Merits of law precedent to the adop-; elPort of Oakland in order to provide... ;}poses of constructing and maintain- tion of this ordinance and the tie- 'indditional wharves, transit sheds,' iing on the premises covered by such icomplishments of :the matters here-! 'Warehouses, facilities and ap- grub-leases, (and which premises are ,in provided for littve-been duly corn-i ;preaches for the accommodation and: Mot to be re-taken by . the city) !plied with. lin:promotion the Port ofof Oaklandcommerce and and to shippingthe ;storage facilitiesproduct. fors, petroleum oil ' SECTION 2. The City of Oakland ;public's interest that the said areas :and its • office buildings; .csh.anLeenteriliy-itsw4}i} 1 i :to written agree-, of tide and submerged land Lstoreliounes acid other. structures,' .enerrti, with the said Parr Terminal: ;described in said Port Ordinance No_, :and have the, right to use the pros, la, after reciting that be, in fact, recaptured at this ent oil pier'lqthei docking and load; (foregoing pato graphselettegedjy from iing of shillV,eor such pier as may be, 1 ••43. •. to . shall subatan-i .time, and he made available for use !substituted• therefor, together with consideration': "by the I.:41+9111; "4 :the- right tinder -such sub-leases of );tia/lY L•o •idb that in -the aisaid stin of OneOf the Hundred pa:yinent Thirty-eight Thousand corporation Of the State of Cali- Imaintainm the sal d improve Men ts Seven Hundred Fifty 2131,750.00) fornia, the Party of the first part, r good and sufficient Dollars to be paid by the City of hereinafter called the lessor, and irepair and condition at the lessee's Oakland to the Parr Terminal Com- PARR . Tut-MINA", COMPANY, a :sole cost, charge and expense, and pany, and for other valuable cone corporation organized and existing iso deliver the same to the lessor at sideration, it shall be agreed sub, under the laws of the State. of Cali- Ithe expiration or sooner termina- ;stantially as follows, to-wit: fornia the party of the second part, tion of this lease, and in rinse the (1) That all of the provisions of hereinafter called the lessee, (which lessee shall make default herein, that certain lease by and between lease was originally entered into on and shall neglect or refuse to make the parties hereto, dated June 15, the 15th day of June, 1918 between repairs as Tx ereinab o y e stipulated' '1918, made and entered into be- said City and the Parr-McCormick 'for the space of ten (7.0) days after' ween the said City of Oakland and Steamship Line, a corporation, and 'notice so to do shall have been given: . he Parr McCormick Steamship; hwhich lease was thereafter assigned' by the lessor, then this lease and: a corporation, under date of Ito the Parr Terminal Company, the, !everything herein contained shall be, 'June 15, 1918, which lease was as- lessee herein and which lea.ze17; ,null and void, and the lessee shall signed to the Parr Terminal Com- ow amended as of the :and will pay to the lessor such pany, revised as of the date of d ay 'of 193—, pursuant 'damages as it may have sustained:: March 11, 1919, and thereafter con 4to Port Ordinance No...... , of or. at its option, the lessor may: firmed by the action of the Superior :the Board of Port Commissioners of make such repairs and the full cost Court of the State of California, in the City of Oakland), and expense thereof shalt be paid 'and for the County of Alameda on WITNESghltrii: by the lessee to the lessor on de- December 6, 1921, as particularly set That the said lesser has let and mand, and no 'claim for damages or forth in paragraph 28 and 28a denlIeed, and be these presents does for reduction from rent shall be thereof relative to the retaking by let and demise -unto the said lessee •made by the lessee by reason there- the City of Oakland of a portion of all those certein filled tide lands of. If said improvements en pro- the premises demised by said lease. situated on and in the Key Route vided by the lessee shall' be required! havebeen duly compiled with by the Basin, so-called, in the City of Oak- to he rebuilt by reason of total or: city; that Port Ordinance No. 92, as land, County of Alameda, State of partial destruction through or from! {{city; by the Board of Port Corn-: California, particularly described as any cause against which insurance. lnlissioners of said. city on June 30,' follows, to-wit: can he obtained a.nd carried ed by the' 1930, for the purposes of authorizing BEGINNING at a point at the in- lessee at standard rates, the same.. the said city to re-ace-etre from the: tersection of a line drawn parallel shall, unless otherwise agreed to, lessee and retake, portions of the' to and distant 1135 feet northwest- :be so rebuilt, under the direc-, leasehold premises as described in erly from : the agreed low tide line Hon of the lessor, in like manner. said ordinance, and the written: of 1852 and the southwesterly pro- and similar to the premises de- notice given to the said lessee pur-. duction of same as said low tide stroyed, by and, at the expense of; suant to said ordinance were proper line was established by and in pur- the lessee, and in`- accordance with: and valid for the :-purposes specified suance of Ordinance 3099 of the City plans and specifications submitted: ,in said ordinance and notice; and of Oakland, and a line drawn par- Ito and approved by the lessor. that said CitY of Oakland is the allel to and distant 320 feet north- It is agreed that.the'buildings and owner of and entitled to hold and erly front the northern line of 7th improvements furnished' by the les-; possess all of the said portions of! Street as said 7th Street is located ,see and now on said leased premises: the leasehold premises described in and described in Ordinance 481 N. S. and which are to revert to lessor: said ordinance, together with all the of Said City and running thence' :upon the expiration or, termination: wharves, transit sheds, oil pier,t nartheastwardly along the said line 'of this lease are the original main: trackage. roads, scales, and other, that is parallel to the said building used by -Pacific Freight,: structures, -'facilities and improve- low tide line of 1852 and distantagreed, Lines Company and the spur tracks ments therein, and also that certain: /135 feet northwesterly therefrom to Serving the same, but .not : railroad track (including trestle), its- intersection with a line drawn any a.dditions to said building, lead-:: described as Track No. 4 in Resolu-: :parallel to and distant 1255 feet ing platforms or other improve-e Oen NO. 17597 N. S. of the Council of northerly from the said northern Inents, fixtures or equipment con-e the City of Oakland passed Decem- line of 7th Street; thence west- `structed, by said Pacific Freight ber 18. 1918, granting Parr 1V1cCor- , ware l y along the last described Lines Company- any other Sub- mie Steamship Line, a corporation, parallel line to Its Intersection with. tenant using said p remises; provid- .permission to construct and main-. a line drawn parallel to and distant led further, that lessee's covenants thin spur tracks at the outer end of 1615 feet northwesterly from the 'under this lease to keep in repair Seventh Street and the waterfront said agreed low tide line; thence and rebuild and insure such im- property adjacent thereto, (exch.).- northeastwardly along the last de,' provements shall not lie deemed to 'sive, however, of office, furniture, scribed parallel line to its inter ;apply_ to Said main building of tractors, gears and personal Prop:- section with a line drawn parallel Pacifica FreightLines Company or. erty of the lessee, and all railroad 'to and distant 2005 feet northerly the spur tracks serving the same. :tracks and equipment owned by:: from the said • northern line of 7th All other improvements hereafter the Southern Pacific Company, EC Street; thence eastwardly furnished' by the lessee on said corporation) for public use and 'Lei, along the leased premises shall also revert to 'have and to enjoy the revenues and last described parallel line to its the lessor upon the termination of 'Profits therefrom forever. ..• intersection with a line drawn this lease. (2) That all the moneys now 'Parallel to and distant 600 feet 4. The said lessee shall and will credited by the City Auditor and northwesterly from the said agreed not: at g,I1Y time, in. any manner, City Treasurer of the City of Cialc-: low tide line; thence southwest- directly or indirectly, assign this la.nsbito' that certain fund known as wardly along the last,-described lease or any interest therein or thes,i .7Barr Terminal Compan y 1m- parallel line to its intersection with rentals derived therefrom, or sub-let prevement Fund No. 485" being the the said line that la parallel to and the premises'hereby demised, or any !"lessee's improvement account" pro- distant 320 feet northerly from the Part or portion thereof, or In any vided for by that certain Parr Lease =said northern line of 7th Street; way charge • or encumber the same, between the parties hereto, and in- thence westwardly along the last. without the, consent in writing !eluding all moimys not 71071/ in said described parallel line to . the point evidenced by resolution of the Board • tfund, if any, which should have; of beginning, and containing 34.512 of Port Commissioners of the City' '71441,0 rredil ed thereto Pursuant tot Acres, more or less. of Oakland. . ,the provisions of said lease, are, This lease is made by the lessor 5. Subject to the conditions of hereby assigned to the City of Oak= and accepted by the lessee upon the the preceding paragraph, the lessee hand es its property and the same •following terms and conditions, and shall have the right to permit !shall hereafter wholly belong to it the parties hereto mutually promise, plants, works. buildings and struc- .and lie under tile control and Juris- Agree and covenant to and with tures to be constructed, occupied diction of the Board of Port Com- each other as follows, to-wit: and maintained upon the land here- missioners free and clear from any, .r. Improvement of the land here- by leased for manufacturing and and all claims and demands of the: by leased for the purposes of this :industrial purposes .. by persons, said lessee under or on account of lease shall be at the lessee's own ,firms or corporations' desiring to said lease, or at all, and said fund cost and expense, and without any establish and conduct .thereon man- and appropriation shall be abolished• cost, charge, ex pense ex- other lia- At:tett:ring -Or industrial establish- and terminated; that hereafter all bility whatsoever on account or by meats and to: charge and collect rentals and all dockage and tollit reason thereof to the City of Oak rental therefor; provided'-that the and other terminal charges earned and. lessor shall not be required to re- by or accruing from the use and 2. All drawings, plans and specs-. •imburse or otherwise compensate occupation of that portion of the fications of any.work, plant, struc- : the lessee, or any such person, firm leased premises hereby taken oven tures, erections,. or improvements :_or corporation, for. any such plant, by the city and all rentals paid by placed on the leased premises must works. building or structure, and the lessee for the portion of the be submitted to and approved by :That the same or, the improvements leased premises retained by it shall 'the lessor before the commence- :placed cif said 'land in ,conneetion be paid to and received by the Board inent of the work of construction :therewith may, excelit, : as may -be of Port Commissioners and held and thereof; and 710 change, modifica- :otherwise in writing agreed to. and used by it for port purposes. All tion or alteration therein or there- at. the request of the lessor, shall municipal taxes and license fees: of that shall change the material !removed from said premises:by thebe hereafter paid by the said lessee or of which the same is to be con- :lessee or owner or owners.. thereof any of its sub-tenants shall be paid structed, or that shall substantially at the expiration or sooner terming-: directly to the City of Oakland for alter the character thereof, shall tion of this lease and within not/ its general use. thereafter be made without the con- exceeding ninety (90) days there (3) That any and all agreements, sent of the lessor evidenced by after, and the lessee or such owner? rights, titles and interests the said resolution of its Board of Port COM- or owners shall pay to the lessor: lessee has or possesses with the missioners. 'compensation for the use and occu- Southern Pacific Company in or to • The drawing's, plans and specifi- pation of the, land so occupied dur-; Any tracks or trackage, including cations submitted by the lessee pur- lag any such .overtinte period, based! :railroad scales, now located upon suant to and In accordance with the ;upon the rate of the rental provided: :the portion of the leased premises provisions of this lease to the said 'for in this lease. No perinissiorfs hereby re-taken by the said city, or: Board for its approval, shall be aforesaid. shall be granted by the relative to the operation or use of . approved, changed, modified, altered lessee except in,i-such wise that the: such tracks, are hereby set over and! Dr- rejected and approved as so person, firm or corporation receiv- assigned to the said city. changed, modified, altered or re- ing the same shall -have no right, (4) • That that certain lease be-; jected by said Board. as aforesaid, thereby, or no rights other than by tvveen the parties hereto, after the; within thirty (30) days from 'the and under the lessee• completion of the aforesaid day of such submission. all the terms and conditions and subject of this to' ture proceedings and the elimination: 3. All improvements provided by lease. or modifieatIon of all' of the terms, the lessee under and in accordance, --6. Notwithstanding anything in provisionat7and conditions of said with the provisions and terms of this lease to the contrary provided, lease whit,th: are affected by the re- this tease (not including improve- it is expressly agreed by the lessee,; ta.kieg of the entire waterfront por- ments of other persons, firms or howevei , that . no improvement' tions of sold leasehold aforesaid corporations permitted by Para- Placed on said leased premises duie,.. and the -making of, the adjustments graph 5 hereinafter) shall revert to ing the term of this 'lease by herein -provided .Aie:..substantially and become the property of the City by any of the following•oil corpora+,it or: :sails and is as fell:ewe, to-wit: of Oakland at the expiration o Lions, sub-lessees ',EASE soon er termination of. this lease, wit: the General Petroleumof the lessee; Core to- "THIS INDENTURE made and without any cost or expense what- poratlon of California. a. Delaware entered into bY awl between, the sever to the lessor. The lessee shall. corporation, and the Richfield '711`17 -OF OAKLAND; a .municipal and will at all -times . during the Company, a California corporation,Oil term of: this lease_pat,.'keea and their successors and assigns, shall be —2—
leased hereunder on the, same ternis, 30. This lease ("as herein modi- and conditions as shall he afforded fied) shall continue for the re- by the lessor or under its authority 25. The lessee shall at its ow mainder of the term et' twenty-five :to any other. industries located upon, ,sole cost, charge and expense, 're- (25) years commencing on the first, 'the area of the, so-called Key Route -Pair and keep in repair and main- day of June, 1918, and ending Basin (now 'known . as the. (uter. tain, or cause to be repaired and 'on the thirty-first (31st) day of Harbor).the lessor; however,reserv- maintained, in safe condition for nr May, 1943, at the annual ing. the tight to re-locate or cause 'during the term of this lease any' hereinafter stated. The lessee rentalshall' to be re-located such tracks as may and all improvements which Ube and will pay to the lessor now be located or re-located on such lessee .may place or permit to be, rents/ in the sum or amount871 annual of adjacent lands, and the 'lessee shall, placed on the leased premises- 'Eight Thousand Twenty-one and at its own cost, make such changes 28. The lessee, for and on behalf 7/100 Dollars ($8,021.07) for each' in its tracks as it may desire to of itself, and its successors and as- make to connect with such re-locat- `signs, covenants and agrees, with ed tracks. The construction end 'the lessor,' and its successors and as year of the term of thin) lease com- maintenance of any such connecting .signs, that if at any time during mencing with the date hereof. Said tracks by the lessee on the premises "the term'ef- this lease any accident. annual rental shall be paid in equal of the lessor shall be under the to any,. person or property shall monthly installments, each payable supervision of the lessor. occur -.on or in proximity to the in advance on the first day of each 18. If at any time the lessor or leased 'premises, or elsewhere, by and every month during the term of its successors in interest desires to reason of the negligence of the this lease make connections with and use any lessee, its agents or employees, or 31. Time shall be of the essence railroad tracks constructed on the otherwise or under any such cir- of this lease. The lessor shall have premises leased herein/der, for the cumstances as to devolve or impose. the right to grant reasonable ex- purpose of extending the tracks a, liability on the part of the lessor tensions of the time or times fixed constructed by the lessee through by reason or on account of this by this lease for any purpose, when the adjacent property of the lessor, lease, 'under the Workmen's Com- thereunto first authorized by reso- the lessee will permit such connec- pensation, Insurance and Safety Act, lution of the Board- of Port Core-, tion, use and extension to be made or any other statute or the general; missioners and for such lengths of and -ripen the same terms and condi- 'law of the State of California, or, ;time as may be stated- In such tions that the lessee or its sub-ten- 'any other statute or law, now or- resolutions, but no extension of ants may use the tracks of the hereafter in force, and a judgment: time shall be granted foriany pur lessor as last hereina.bove previded, 'or order shall be recovered for o pose after the expiration of the time •but- in no event upon any terms •or ;on account thereof against the les-. fixed for such Purpose in and by conditions which . shall enreasonably sor, then andin any such event,. this lease. All extensions shall be' interfere with the proper and' ade- upon written e m and being made in writing and made a matter of quate operation .of the property ,upon it, the I essee, its successors record of said municipality. hereby leased and the purpose for And assigns, shall and- -will pay to 32. If the rent or any other Pays which the same is hereby leased. the lessor, its successors and assigns, ment of money required to be Paid; the amount of any and every such by the lessee to the lessor shall at 19. This lease is granted subject judgment or order that may have any time be due and unpaid for the' to, and the lessee and its sub- !been so obtained against the lessor, space of ten (10) days after the tenants shall at all times comply together with all reasonable and same shall have become due and- with, all requirements, rules and proper costs, expenses and at- payable according to the terms here- regulations of the United States and' terney's fees to which the /essor. of, or if the lessee shall fail to the harbor rules and regulations. may or shall be subjected in-defend-, keep, fulfill, perform- or coinPlY and the building laws-and fire. and ing against-Such a claim, demand or' with any or either- of the provisions, :other reg-ulations'now or from time liability: Provided, hotvever, that ',agreements, terms; covenants or to time in force in the City of Oak- the lessor shall have given notice conditions of this' lease, after ten land. in writing . to. the lessee of the -pen- (10) days' notice• and demand in 20. This lease and all the• dency of the.action or proceeding in writing, to keep, fulfill, perform or premises hereby demised shall at- which said Judgment or . order is 'comply with any such provisions, 'all times during the term of this, sought to be t recovered, and the agreements, terms, • covenants, or lease be subject to the limitations, tlessee may;,. receiving such conditions, then and in such ease, conditions, restrictions and reserva- notice, join {With the lessor in de- And every such . case, it shall and tions contained in, and as prescribed. fending any. sock action or proceed- Inlay be lawful •for the lessor, by by, that certain act of the- Legisla- ing, provided-the lessee shall first ,(resolution or ordinance of the Board ture of the State of California en- give the lessor- tt.gooda and sufficient. of Port CommIsistiners 'of the City titled: "An Act Granting Certain Mond approved by the lessor in- of Oakland, at its discretion, to de- Tide Lands and Submerged Lends of demeifying it. in the full amount of clare this lease. forfeited, and to the State Of. California to the City .the demand and hosts. exclude the lessee, and sub-lessees of Oae.1,,ed, and Regulating the 27 All notices. or 'written 'de- from further use' of said premises, !Manag..,,,ent, Use and Contral There- mands herein -provided to be. given and all improvements thereon, pro- eae e,,,, eyed May 1, 1911, (Slats. or made, and all orders that may be vided upon such termination of the 1911, page 1258) by the eke r-ter of : given hereunder, by the lessor to lease, each sub-lessee may remove. Said City and otherwise by law. The .the lessee, shall be served either by his structures and'improvements as City. of Oehler] reserves and at persona] service on the lessee or by provided in Paragraph 5. hereof. A all times shall have the right of .posting the same' in a conspicuous copy of the resolution declaring supervision over the uses by the place upon the leased premises and such forfeiture shall; be served on lessee of the leased promises under, mailing a copy, on the same day as the lessee, its successors or assigns, this lease, and the right to regulate said posting, addressed to the lessee either personally, or by posting the :the lessee's said uses according to at its last known address. Ala same in a conspicuouse.place on said the true spirit and intent and for -notices or written demands herein -premises and m:t iling another copy. the purposes of this lease and con- provided to he given or made by the 'thereof addressed to the lessee at its sistently with its provisions, agree- lessee to the lessor shall be served' last known address; and thee and ments, terms, covenants and con- by delivering to and leaving with ,from theueeforth this lease, and the ditions. the Secretary of the Board of Port !demise herein contained, shall cease, 21. This lease is granted subject 'Commissioners,: p ersonally, dup11-. !terminate and be at an end; and the ;to the ordinance and tariffs of the cater thereof. lessor shall again repossess and City of Oakland now and from time 28. The lessor and the lessee enjoy the leased premises. and the tto time in force relating to the Pa y .Shall be excused for any and all lessee shall and will- peaceably -ment of dockage, tolls and other delay in the performance of any act and quietly surrender and yield up port charges as prescribed thereby. .or -agreement on its part to be kept' unto the lessor the possession there- 22. All buildings, structures and and performed, which ,may be of, and all rights in -And to this other improvements placed on any caused by or result from war,.in-, ,lease. It is diStinctlY.'Understood 'of the leased premises by the lessee, :erasion. Insurrection, suspensions of 'and provided that no waterer of de- or permitted by the lessee to be Icivil authority, acts of the elements, fault by the lessor of any of the placed thereon, are : intended to be 1strikes and any other causes with provisions. agreements, terms, :and shall be deemed for the purposes =out: its control. The lessor and the covenants or conditions hereof, to be of taxation to be the taxable pro- -lessee shall also be excused for any. fulfilled, kept., done or. observed by perty of the lessee or other persons and all damages or obligations to the lessee, shall be construed to he' maintaining the same and shall be repair damage caused. by or result- or shall act as a waiver of any :assessed to the lessee or such other' ing from the arts of -the elements,- subsequent default of "any of said persons arid be- subject to taxation except as herein expressly other- provisions, agreements, terms, for municipal purposes, and, as far wise provided, or war, invasion, in- covenants or conditions during the -S1.1 1,171s, riots, or %suspension of term of this lease. Upon any such as lies within the power of the les- civil authority. forfeiture, any and all buildings, sor to so provide, also for state and • 29. Ant, arid all improvements in structures and improvements of county Purposes. this lease- provided to .revert to and whatsoever character, erected, in-' 28. • The lessor hereby reserves become the property of the lessor stalled or made under, through or any, and all rights of way ,or other shall be insured and kept Insured. because of, or pursuant to the terms; !rights necessary for sewer outlets, during the term o•this lease by the of this lease (but not including tire for- gas, oil and water mains and lessee at its • cost and expense structures and improvements of the pipe Hubs, for hydrants, for electric- against damage-Arid loss by fire in sub-lessees mentioned in Paragraph cables and wires, and for such other an amount equal to at least fifty 5) shall immediately.' and Ipso facto conduits for municipal purpOses, per cent 110%). of the cost of the become the property of the lessor and for such public and municipal same_ The Insurance 'shall he made. wit bout any cost, charge, expense purposes, and uses,. as may de deemed payable to the account-:of the lessor or other liability whatsoever on the -necessary by the lessor, including in case of damage or hiss occurring, part of the lessor to make com- the right to open and maintain, to but the insurance? money shall be pensation therefor, or on account the full width thereof, streets along received and held -in trust •by the thereof. any or all of the areas designated' lessor for the purpose' of repair or 33 Each and every of the pro- by the lessee for street purposes on reconstruction of --the damaged or vieions, agreements, terms, covenants the map submitted to the lessor by lost property. If the. parties shall and conditions herein contained on; the lessee on- February 2-1, 1126, and agree, the money may be used to the part of the lessor to be per- designated as • "A" Street, running build some other suitable structure formed, fulfilled, observed and kept generally from Southwest to North- on said Parr leasehold. If the par- shall be binding upon it and Its east, and Shorey Street, Chase Street ties hereto shall deem it unneces-• successors and assigns, and the and Ninth Street, running generally sary or Impractical to rebuild or rights thereunder in favor of the from West t 6 Peet across said leased repair said lost or damaged struc- lessee shall be available in favor of. premises ture or if the lease shall terminate the lessee and Its successors and 21. The also agrees to prior to the use of said money, the assigns, but. subject to the covenants maintain and keep in repair the type structures need not be rebuilt or or conditions hereimcontained relat- and kind !of road construction now. repaired and said insurance money ing to assignments. Each and every existing Mast and to keep open for thereupon shall belong absolutely of the provisions, agreements, the purposes for which it is now to the City. Said repair or recon- terms, covenants and conditions used, that 'portion of the ;roadway struction or other construction, if herein contained onothe part of the designated' as "13" Street 'on said Made, shall he. by the lessee to be performed, fulfilled, Mapa.nd located on said leased lessee in good faith within three observed and kept shall be binding premises, end the lessor agrees to months after sueli-da.mage or loss upon it and its successors and as- maintain and keep open for like occurs and shall thereafter be pro- signs, and the rights thereunder. purposes the extensions of such secuted to completion with dili- , and all rights, privileges and bene- roadway, designated as "B" Street, gence. The City shall not be liable: fits arising under this lease and in to the connections thereof with 14th for the cost of said work other; favor of the-lessor, shall be avail- Street, a public street, to the' north than to amity said Insurance money' able In favor of the lessor, and its and with 7th Street, a public street,. thereto. . successors and assigns. to the south. —4—
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