HomeMy WebLinkAbout909 - Live Bait License AgreementLl
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ROLANO THOMPBON
ATTORNEY AT LAW
BANTA ANA, CALIF.
RESOLUTION NO. q 0
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WHEREAS, on the day of October, 1934, a
certain License Agreement was made and entered into by and between
the city of Newport Beach therein designated the party of the
part, and George C. Hiner, therein designated the party of the
second part, which said license agreement referred to a certain
pier located in the City of Newport Beach, which extends into
and over the waters of the Pacific Ocean opposite McFadden Place;
WHEREAS!,. said license agreement gave to the said
George 0. Hiner the exclusive right and privilege of having
live bait on said pier for the purpose of sale and selling the
same; and
WHEREAS, said license agreement was granted to the
said George C. Hiner, for a two year period commencing as of the
let day of October, 1934, and ending as of the 30th day of
September, 1936, upon the considerations mentioned in said
license agreement; and
WHEREAS, at the time of the making of said license
agreement, it was.not foreseen by either party to said license
agreement that dredging operations would greatly interfere with
and to some extent ruin fishing from said pier heretofore
described; and
WHEREAS, the only value that said license agreement
Is to the said George 0. Hiner is the sole right and privilege
of selling live bait to fishermen using said pier, and hisrhole
Income under said license is derived therefrom; and
WHEREAS, dredging operations and the depositing of
dredging materials on the ocean front has interfered,to some
extent with the fishing from said pier and by reason thereof said
George C. Hiner's income from the sale of live bait has greatly
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ROL.AND THOMPSON
ATTORNEY AT LAW
SANTA ANA. CALIF.
diminished; and
WHEREAS, the City Council of the City of Newport
Beach believes that an adjustment should be made with the said
George 0. Hiner, by reason of the aforesaid, and in accordance
with his application for adjustment requested in,that certain
letter received from George C. Hiner, addressed to the City
Council of the City of Newport Beach, and dated July 29th, 1935.,
NOW9 THEREFORE, BE IT RESOLVED: That the said
lioense.agreement dated the said
day of October, 1934,
be and the same shall be oanoelled, annulled and declared of no
further force or effect, when and Af the said George 0. Hiner,
shall sign an agreement to that effect on the first page of said
agreement now on file with the City Clerk of the City of.
Newport Beach; and
BE FT FURTHER RESOLVED: That a new license agreement
containing the same terms and provisions as the license agreement
to be cancelled as aforesaid,be executed, except that the period
for whi dl said license agreement shall run, shall be from the let
day of October, 1934, to and including the 30th day of September,
1937, and the allowance to be made on the purchase price of the
equipment, shall be $33.33 1/3 per month, in lieu and stead of
#50.00 as in said former license agreement provided.
BE IT- FURTHER.RESOLVED: That the Mayor and City Clerk
of the City of Newport Beach be, and they are hereby authorized
and directed to sign said new'lioense agreement in duplicate
and to deliver an executed copy thereof to the said George 0.
Hiner, upon his signing a cancellation of the first agreement
therein mentioned,-and exeouting the new agreement.
I hereby oertify that.the above and foregoing
Resolution was duly and: regularly passed and adopted by the City
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Council of the City of Newport Beaoh at a regular meeting thereof
held on the 16th day of September, 1935, by the following vote,
to -wit:
A `^ z'
ROLAND THOMPSON
ATTORNEY AT LAW
EANTA ANA, CALIF.
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN:
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ROLAND THOMPSON
ATTORNEY AT LAW
EANTA ANA, CALIF.
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN: