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HomeMy WebLinkAbout09121927City Halle Palo Alto, California. September 12, 1927. The Council of the City. of Palo Alto met in regular session :on this date at :8 P M., with Mayor Hobart presiding Roll call as follows:, 'Present: 3ertsche.,; nn:Christensen, Hobart, Hogre, Jordan., Kelly, Thomas, cuing,. Wood. bs.ent Cathcart? Cottrea'l'l, :austere, '1'rhasler, Thoits . The Clerk reported'',that copies of the minutes of he meeting of Septe ber.:1, 1927 had been sent to each member, and on motion of Hoge : and Bonn, the minutes of said meeting were approved. Hearin n change ins Setback Lines w it was announced .that this was the time set for a hearing on the matter of changing Setback lines on Page Lill Road, a errrian Avenue and First Street. No protests were received. 0rdi,nand e 397, chan.gingjsaid setback Bias was read, and on motion of Hoge and Jordan, was passed by unanimous, vote on roll call. Hea:rtnr on Storm Sewer Assessments It was stated that this was the time for a hearing on the assessments for the constriction of story.: .rater sewers on `sver•1ey Street. There was, no one present who wished to be heard on this matter and 'no:'protests were received. Resolution- No. 567,' approving assessments for 'storm crater servers on Waverley. Street,'was read, and on motion of Wing and Hoge, Was adopted by unanimous vote on ro1:/ca,l.1. easing. on Chanje of Lone. it :was. announced ,':that this was also the time for a hearing on the matter .of change of°zone of portions of Blocks 38, Z9 and 40 "rot` Second to, Third''Residential District . No protests we>re resented. Ordnance No. 398, rezoning Blocks 38, 39 and '40 as recc• ended,- was , read, and, on motion of Jordan sod ertsche, was passed'f_by:..una-i iou.s ,vote on roll call. Bias for Street Pa:v.m,E , Th.s `was;:' also the t'^me foor recei.v ing bids for the paving 'o± certain. portlonsof tada�ierley. Street and University. ve:�ue. The' to31ov rg bids ;rrere` »eee .ve.d and publicly eec 'aced; :Total Amount of Bice ie s 3 au _:Bros. 7 .3$ Western,' <Pav1 n Z:.c o 5445.05 City' `.neeribf Palo ...Alto ' 5349.47 The bid of ..tie City • Engtr:.eer of, Palo Alto was sub- mitted With the approval of the :Board of .Public Works. •Resolution No. 568 awarding:the contract for this, work under Resol:utiarz of - ;lntentjon No..,560 to the Board of Public "oror' s of~- the: City: o.f .Pal -o Alto was read, and on motion of Wing sod Mrs,. '.Thous was adopted.. by unanimous vote on roll call. from' Mr. Jayne letter Was received roM, Burt Jalne recommending. that the Council ra.a e. a request fora new survey of the Mayfield -secti.on''for '11.1e purpose of asking for a revision of fire insurance, mates.,', On motion of Jordan and Wing, the City Clerk Was authorized to communicate with the Board; of Fire Underwriters on ;this natter. f rorChsrnber of Commerce A. letter was .receives from the Manager of the Chamber of Comteree concerning, the publication of an additional nuMber of 'Palo' Alto booklets, requesting the City'Council to".bear the• necessary; expense and enclosing a billfor this Work fro i the; Pacific Gravure Company for :$497.5O. This matter was refrred; to Committee No. 5 for a report. Budget ' f ,± Hospital Received .A letter was 'received from the Auditor of Stanford University enclosing the budgetary forecast for the year July'l, 1927 .to June 30, 1928 for the Palo Pat"o Hospital. On...notion of Bones a;nc Mrs. Thomas, this was referred to Comnittee Report ofPlann...ng Commission A report .was ' received from the City Planning C:'omm:ission recommending that the petition of William Stalls r for .permission to install stores in the basement o f the building he is constructing at the corner of Forest Avenue and .Gilmen Street be : c en_ied. On notion of ling x2 d' "•f ood, this report,v as approved. As to PavinFitanford Avenue A report was received from the Board of Works eubmitt;ing ,the" report of the City Engineer concerning the cost `of'; paving Stanford Avenue, approving, said, report and recomMending its adoption by 'the Council. On action of and. Christensen, the report" was approved, the City Council appropriating x'4000.00 for this work from the contingent fund, with the understanding .that Stanford Univers ty will appropriate $4000...00 and the .County of Santa Clara the balance • On motion of Wing and Wood, the Board of Works, City Attorney and" ,City Engineer were requested to prepare the necessary resolution of intents. ,.n, plans and specifica- tions for this work.:. As to Rey,uest of P. G. & E.Co. A report ,.was .received from the Board of Works recommending ; that ".t`ne Pacific gas and Electric .Company be allowed to_ lay an" B: --inch vs rain along Middlefield Road to Oregon Avenue, on filing detailed maps, plans and spedfica- ti.ons, the" work to be done subject to the approval of the City Engineer. This matter was e.rp Ained by the City Engineer., On; motion of Mrs. Thomas and Wing, the :utter was referred to -Committee No. 1 and the City Attorney, to consider the .legal , priases of the question. COncerninz Furnishings for New Building ing 1-'reCemmendatien '«as received frori the Board of . V orks t At. the ;. cost of furr..isnings for the new .police and fire departs ent .bui :d;ng be paid Out of t. e funds resulting from the.' bond issue, as° per the list furnished by the City Engineer and approved by the Board of Works, the total cost estimated . to be : 5113.07,. On motion of Jordan sr - .-:o;'?, this re.cormend"ation was approved and the purchase of tY >G furnis exercis Alto i^ Blocks of ,e oot ion oP Jord roll ca to Comm Public August, concerni Angeles this :na Angeles City At' Hope/ 1�he the to C Council, extended certifte Santa c1a in the c Cl c1ai::s wi same: to given so: which t Cali `orn- On otio: appoint arranger: Council The Mayo.: Attest: i furnishings was authorized, by unanimous vote on roll call. Resolution (Bminont . Dbma .n) Resolution deco .grin .the necessity of the exercise of the rightof ,.eminent domain for the City of Palo „a on Pal -.o f Alto in: he acquisitionof l.ao.d for-aubliaduse, being opa is Blocks 60 and 61, South. Palo Alto, s re of Wing and Hoge, was" adopted by unanimous vote on roll call. Resolution Accenting_ Lease Resolution 'N.o. 570,; accepting lease of la option to purchase for nark Purposes, was read, and of Jordan arid Christensen,.was passed by unanimous roll call, with the understanding that the lease be to Committee Sao .l. Reports of, Officials The reports of: the Departments of Public Works and Public Safety, the Auditor and Treasurer, for the month of August, 1927, were received land placed on file. A report was received frog. the Deputy City Attorney concerning the methods -Of widening streets the Counai�. on the City of Angeles. Tho4 Deputy 'Attorf. y this matter and stated that' :he, had spent `several days in Los Angeles and .Lad �.�eoeived. muon helpful information from. the City Attorney and other officials of that city. On motion of Hoe and Jordan, the City ,Clerk. was directed to write a letter to the City Attorney of:::Los Anseleso behalforc f the ecCity y Council, expressing ao'preciat .on andthanks extended to Mr. David, The City Clerk report,er hat ,he had received a certified copy of the :Order of the Board of supervisors of Santa G.ara. County dec :ar 3 ng the valuation of railway property in the co`.u.nty. This4as placed on file, .Claims %ll;owed On motion of. B ertsche and ;C zristensen, the following elai s were allowed ;and warrants:. authorized in payment of the same: "E;,,ujp::aent Corp. nd with on motion vote on referred 20.00 75•x000n 100.00 1556.55 21.45 40.00 ' 5.00 `yaS w'.z F:SuC Council City. offic" als and employees, at L Ve:i :SQCi1 fob` '- - Y � �-'. ?-' O`']v'"i"a�i.it�il Of '�."",��` League of E L. Beach. E. D.' Laki22...r.,,.: E., Malcolm Ge.: eras Office • yatior_ai Surety.Co. eague of Calif. ,. un. alp Alto News..: ' .n er .o 'Arranges for .D � + b .�. 'Bentsche that p dinner be i:h . c:h the' Qe1e;. y"4l• -ve:w, v.SJ the C . ••' -. Ca:l.�i fornia Municipalities ;.�Jou.a.d .gi: ve reports on the convention. t o" ,and" Mr.s .. Thomas', the ,mayor was atezed to On motion of Bcr„sch.. appoint -a co�rmittee . t.0 take the latter up and necessary arr ngG�`lentS for a dinner,„or entert elt v:.:at hick the City Council and, all c;Ity. 'of fiei.als an employees The .Mayor stated that axe ,v out d .appoint this committee later. the Count; ? ourned. .It On: mot on of Kelly and.'Hoge PHIS LEASE,; : made and entered into on this 19th day of August, 1927, ;,by and between. THE MORGAN OYSTER COMPANY, a corporation organzed'and.existing under and by virtue of the lawsof the State- of California, hereinafter called,,; the "Lessor party, oy the ;firs;.. part, and the CITY OF PALO ALTO, a municipal corporation, organized and existing under and by virtue of the laws of the State. of California and situate in the County of Santa Clara,' State of California, hereinafter called the `' 'essee", party .,n.f. the second part. That for, and in 'co.nsiceration of the covenants`, terms and conditions hereinafter set forth, and upon the condition that each and all of said covenants, terms and conditions be fully and duly performed by the lessee, the lessor does hereby demise and let unto tx.e `'lessee, and the lessee does hereby lease and hire of and from the lessor, all that certain real property,situate, lying and being in portions of the counties of San Mateo and Santa Clara, State of California, and. particularly described as follows: - BEGINNING AT A CONCI ETE MONUMENT set near the inter- section of the northerly bank of Mayfield Slough and the shore line of San Francisco Bay, as said monument is described in that certain indenture made and entered into March 25, 1911, by and between the "Springy Valley Water Company, the party of the first part, and the Morgan Oyster Company, the party of the secondpart, ; and recorded April 3rd, 1911, in Volume 192 of Deeds at page. 584, San Mateo County Records; thence from said concrete monament atthe point of beginning and along the dividing line described in the above mentioned indenture, said line being the southwesterlymost boundary of Survey No. 64 and res srve C. No. 48 of the Morgan Oyster Company, patented January 9, 1879, and recorded in Book "2P' Patents at page 18, on March 19, 18790 records of San Mateo County, as follows: N. 12000'. W. 7.50 Chs. to a concrete monumen. N. ` 49° 00' W. 17..50 Chs. to a concrete monument. N. 36 30' W. 12.50 Chs.; N. 5'70 30' W. 10.00 Chs N. 81 30' try''. 15.00 Chs.; N. 42° 00' `Pt . ' 5.70. Chs . ; thence leaving the above mentioned dividing line and passing, through Survey No. 64 and Resurvey No. 48 and Dot "D" of. Survey No. 76 of the Morgan Oyster Company, the last described survey patented 0ctooer 17, 1878, and recorded in Book "2 of Patents at, page -20, on March 19, 1.879, records of San Mateo County, East 78.18 Chs. to a point on the line dividing ;sections 28 and 29 of T. 5 S., R. 2 t .,. M.D.M.; thence on and along said `section line and the ea.s ter-? ymost boundary of Lot "D" Survey No. 76 and across the north«esterly:ost boundary of lot "B" Survey No. 1, Morgan Oyster Company, patented October 17, 1878, and recorded in Book "C" of Patents at page 113, on February 28, 1879, records of Santa Clara Country, and continuing along the line dividing sections 32 and 33, South 28.50 Chs.; the last described course crossing the boundary line between. San Mateo and Santa Clara Counties; thence 'leaving said section line and following the exterior boundaries of the Morgan Oyster Company, Survey No 8, tot ',3ig. patented August ' 11, .i.890, and recorded in Book "E' of . Patents at page 40 on September 27, 1890, records of Santa Clara County, in a general southeasterly direction, the six following courses and distances; East 3 Chs.; S. 25° :5O' E. 23.80 CL s . ; East 7.00 Chs.; South 5.00 Chs.; S. 39° 45' E. 32.16 Chs . , East 2.51 Chs.; `henoe S. ` &5,0 00' W. 10.64 Chs.; N. 540 15' y:. 40.00 Chs.; N. 21° 157 W. 22.73 Chs ; the last described course- crossing the line bet; S. 44° 4; foll ow inf Oyster C‹ Chs.; N. point on on and leaving Lot "C", of land c covenants Tenth day day cf Se the lessor Jan Franc- States, z•F follows: - ( 2,227.4 (S2,137 7 Dollars o dollars on dollars on dollars on hundred(.$1, lessor add ins tallrren government: property, such t axes or due- and such payme: prior to ; i premises lessee sha and for a; used in co. hold harml€ and azai ns ins::: once lire. between sections, 32 and. 33) T. 5 J.R. 2 W. `u'7.D.rx.; thence S. 44° 45' W 4.62. Chs . ;; N. 45° 00" W. 4.24 Chs . ; thenc e following the exterior boundary of -Survey No. 1, Lot "C" Morgan Oyster Company, $. 21 00' ' ' . 5.00 "Q hs ; S . 680 45' �' . 3.00 .. Cs . ; N. 8 30',W. 4.00•Ch ..; . N . 25 45' .�`. 3.00 Chs . ; to a point on line between Santa Clara aid San Mateo County; thence on and , along said county lihe N 3S 45' E. 5.12 C hs . ;; thence leaving slid county line and the boundary of Survey No. 1, Lot ':Cte, West 10.40 _Ch.s , to the point of beginning, said,parcel of land containing;, 272'.459 :acres. The termsand :rental and the agreements, terms, covenants, and. cord . tions of the lease are as follows, to -wit: - (1) The term of this lease shall commence on the. Tenthday of Septe :her,', 1927, and shall expire on the Tenth day of September, 1934. (2) The ,lessee,_;hereby , covenants and agrees to pay the 3.essor, at the, la..tter.-'s office in the City and County of Francisco, State -'of California, in gold coin of the, United States, rental for sat premises in annual installments as. . follows: - Two thousand two hundred twenty-seven and 47/:100': ( 2,227.47) Dollars on; or ->before the 10th day of September Do11ars dollars dollars dollars on or :before the -10th,.day of September 1933. In addition to which, lessee shall pay fifteen hundred($1,'500.00) dollars upon the signing of this lease., Two thousand` one hundred thirty-seven and 47/100 ,137.47) Dollars on or ,before the 10th day of September 1929; Two thousan&and forty-seven and 47/100 (2,04.7.47) on ar before tree 10th .day of September 1930; 'ineteen hundred fifty-seven and 47/100 ($1,957.47) on or before the 10th day of September 1931; Eighteen ;hundred sixty-seven and 47/100 (;1,567.47) on or before the 10th:day of September 1932; Seventeen hundred. Seventy-seven and 47/100(. 3,777.47 ) The lessee fufther covenants and agrees to pay to the lessor additional rental installments equal in amount to the, installments of all taxes,, assessments and other municipal or governmental charges., assessed: against or a lien upon said real property, or any part thereof, or:.any interest thereon, except such taxes, liens,; assesszuents and other charges incurred before., or due and payable prior to the 10th day of September,=1927,-- such payments of additional rental to be made at least ten days Wrier to. the date when the same will become delinquent if unpaid. 3) A2 1 work. dove or improvements constructed upon said premises ' shall be =at the, sole expense of the lessee, and ihe lessee shall proMpt1y.-pay -fox, al work performed by or for it, and for .a11 xateri:aas .rind supplies used, or furnished to.:be used in: connection :therewith and shall wholly indemnify and hold harm? esSthe lessor aattnat all claims in respect thereto, nd against all lisbi lity under:the Workmen's Compensation Insurance and Safety Act ow the State of California, and of::a1,1 a„.end eats thereto and agains v 4any and all claims of liability for damages, for damage to or destruction of the i�n -lx•r Property , ,and� for y;,or :death of an• person in or about said premises; and the said eles see , sh.ali , keep the said premises and every -part • hereof .free . and clear of liens and claims of liens in respect to all said work done or materials or supplies used or furnished. (" ) The lessee shall not commit or suffer to be committed anywaste of or on said prerr,.ses . (5) Said lessor hereby covenants and agrees that the lessee maypeaceably have and hold said premises '� during the ter hereof upon the covenants, terms and conditions herein contained, without hindrance by the lessor or any ocher person or persons. (6) The lessor,i.ts officers, agents or servants shall have at all times the right to enter upon the said premises for the purpose of inspecting the same, and for the posting thereon of any notice or notices of.non-responsibility and liability, or for any other purpose or purposes, as in this lease provided. (7) Upon the •. sxbiration of this lease or sooner termination thereof, the lessee hereby covenants to peaceably and quietly surrender and deliver up possession of the said real property, and every part thereof, to the lessor, upon the expiration or other terming , ti,on of t;r�e �.erm. o� tais ease, and all improvements placed upon the premises during the term hereof shall be and become the absolute property of the .. e said lessor, except the lessee exerci,sesits option, and purchases sa id lane, in which event said l an d improvements become the property of the lessee. (8) if the lessee" shall make default in any of the payments herein reserved, oz's, and when they shall fall due or in the observance of any of ,� the agreements, covenants, tens and. conditions hereof, on its ;Dart to be observed, kept and perfcr :ed then the lessor. shal,;l have the right, upon_ the failure of the lessee to correct said default within thirty days afternotice specifying the default, to be i y t tei- sor given in writing by the lessor to the lessee, to terminate tris lease and re-enter upon said real property with or without process of law, and to remove the lessee and all other persons occupying the said premises ar d to enjoy said premises and the whole thereof, as if this lease had not been executed, without prejudice to any other remedy' or arrears of rent or for preceding breach of any covenant, agreement or condition, and without liability to any person or persons for damages s sustained by , such. removal. The lessee hereby agrees upon such termination, to peaceably and : uietly surrender and deliver up the possession of said premises to the lessor. (9) Time is of the essence of this lease and of each and every provision thereof. Any neglect or failure of lessor to take advantage of any cause for the termination n_aion of this ?ease shall notbe deemed a waiver of any cause for such teneination subsequently arising. (lei).' This lease and all of the agreements, ' covenants and shall conditions thereof q.t b:binda.^.,u. inure to %h benefit of the successors O and. assigns of the parties hereto. the J (11) All notices that e may b.. given by either of the parties hereto shall ,;be. deemed to have been M .��en yupon proof that such notices have 'seen, deposited in the United States ? ai:, hostage prepaid, addressed to the lessor at 111 Sutter t re San Francisco, California, and to the lessee at Palo Alto, California. (12 to pure: a following the exares: rentals du( (ad the pl.irchas and 92/100 to the less of option, September 1 (b) the pur chast 45/100 ( 10. the lessor,. option, but 5eptemN er , (c) • the purchase 45/100 (.$9,: lessor, at option, but September, (d) the -urchase and. 45/100 the lessor,• option, but September, 1° (e) the purchase 45/100 ($6,12. the lessor, option, but Is September l9S:: for the (`�) purchr and 45/100 5/100 (eel to the lessor, of option, but September 19.s for o= the :ou:•e= s. and 45/100 (eS73 to the lessor, of option, but eptember i9Z4. he the saidTeeric les to the lessor d exercise said .o payment v.ou:d b be at least tee.: delivery of tee of the said Dues lessor shall, p"Ice ex= :.cut, (12) The lessor hereby'grants to the lessee the option o ourchase said prey ices snd, the' W,rio1e thereof, during the following periods of 'timeand at the following prices, but upon the express, condition that the lessee sr,a] 1 nave ;paid all rentals -due at the -`time of , the exe rci.ae of °the option. a) .etween j s nary 1, 1928 and September 10, 1928, for she purchase price of "t helve thousand eight hundred fifty-one and 92/100 ($12,851.92) dollars, payable :.n cash by the lessee; o the lessor, at the time designated in the notice of exercise • cation, but in any event,; on or before said 10th day of oe o temper 1928. (b) Bet?;een . January 1, 1929 and September 10, 1929, for the purchase' price of ten thousand six hundred twenty-four and 45/100 ($10,624.45) dollars, Payable . ;.n cash by the lessee to t e' lessor, at the time desitipaced' in the notice of erc se of option, .but in any event,;. on orbefore the said loth. day of saptember, 1929. (c) Between January 1, 1930 and September 10, 19;0, for tine purchase price of nine thousand one hundred t:;enty-four and 45/100 ($9,,124.45) dollars, payable in cash by the lessee to tae lessor, at the time designated in the notice of exercise of ootion, but in any v'ent,on or before the said. 10th day of September, 1930. (d) Between January 1., 1931 and September 10, 1931, for the :.arcnase price of sevens thousand six hundred twenty-four • 45/100 (:x'7,624.45).. dollars, payable in cash by the :lessee to the lessor, at the time designated in the notice of exercise of option, but in any event, on. or before the said 10th day. of September, 1931. (e) Between January, 1, 19,2 and September 10, 1932, for the purchase price of six thousand one hundred twenty-four and 45,/100 (?6,124.45) dollars, payable in cash by the lessee to tne lessor, at the time designated in the notice of exercise of option, but in any event, on or before the said 10th day of 3 ptember 1932. (f) Between January 1, 1933 and September 10, 1933, 'or the purchase price of four thousand six hundred twenty-four =d 45/100 ($4,624.15) dollars, payable in cash by the lessee to the lessor, at the 'tirre designated in the notice of exercise. of option, but in any event, on or before the said 10th day of Seote:ber 1933. (g) :wetween. January 1, 1934 and September 10, 1934, 'or the purchase price of three thousand one hundred twenty-four and 45/100 ($30124.45) .dollars, ;payable in cash b;; the lessee o the lessor, at the time designated in the notice of exercise of option, but in any event, on or before the said 10th day of ,'eptember 1934. The lessee may exercise .said option during any one of the said periods above set forth, by notice in wtitang, delivered to the lessor during sale; period.,. signifying its intention o /... 1 �.+.w oGJ to said option and -designating natin the tine within which ; syrnent would,be . made as : sb0v prov.idsd, which said ti" e shall. be at least ten days, aid not more - than thirty days, after deoLivery of he said .notice,; and 'oy the payment to the said lessor of he said purchase price, at:: t e time so designated. The lessor shall, coxieur.ae: tly with e, payment of said purchase price, execute; acknowledgeOand deliver to the lessee a deed remising, .releasing., and quitclaiming to the lessee all the lessor's right, title and interest in and to the said c...r ,� p. iss . The exercise, if any, by the lessee of said option shall conclusively mean that the lessee has examined the title to said preMises and Is satisfied therewith, and the delivery of. said deed ,by the lessor to the lessee shall be conclusively deemed to constitute the full and final performance by the lessor of thins agreement on its part. In the event said option to;purchase be. exercised by the said lessee, then this lease shall forthwith ter'inate, and the lessee shall not b obligated to pay the lessor any installment of the said rental accruing subsequent to the exercise of the said option. The said Option .shalq6nly be in effect during the life of this lease, and if 'this lease should be rescinded or terminated for any cause whatsoever then said option shall be dee Med forthwith revoked and all rig .ts of the lessee thereunder terminated. IN V ITNESS WHEREOF, the parties hereto have executed these presents in, duplicate, the day and year first above written. CITY OF PALO ALTO, By A. C. Hobart (Signed) Mayor By. E. L. Beach (Signed) City Clerk THE MORGAN OYSTER COMPANY, 4 By Rob t . B. Henderson (Signed) President By .,.. T. Battelle (Shed) Secretary 'RESOLVED that Rob t .L . Henderson, the pres ident, e._t, and H.T.Battelle, the secretary of this corporation, The. Morgan Oyster Company, a California corporation, be and they are hereby authorized and directed on behalf of this corporation and as its act and in its name and under its corporate seal to execute that ce:z' ' in lease agree ent, dated the 19th day of August, 1927, bet. een this corporation anc. the City of Palo Alto, a municipal corporation". I hereby certify that the above is a true and correct copy of a Resolution passed at a Special Meeting of the Board of Directors of THE ;, O??GAN OYSTER COMPANY held at, their offices, No. 827 Pacific Building, City and County of San Francisco, State of California, on Friday, August 19th, 1927, a ;luor m being present and voting. H. T. B v4.s. ...Vat � ,, , ep (Signed) V Secretary. R E 5 O L ? C NO. 566 ACCEPTING LEASE AND OPTION TO PURCHAIL CERTrT.. LArD O/1 MORGAN OYSTER COMPANY, A COR?o?ATIcN, TES;OR, CITY OF PALO L.IM TES"72: The Council of the City of Palo Alto DO RESOTV7 as fo l„sz: the terms option to marsh lan on the 19 COMPANY, of the la vendor,. u and the e C of Califo lease is ml lease and cony this minutes o. the Counci 1st day o` AYES: CE NOES: No T A^�Qv^1T : C Attes cN1 ► r'' appo Alto, the s the : true passe CITY C appoi nted and ex-of ,Article II _y authorizes contract.. e_. reads as f o: contract: by the nt the t"a'o. That the . Counci-! of sai;d_: Ct ty hereby accepts and approves-. t e terms, conditions and covenants of that certain lease and: option to purchase, and 't .e` ?and:'conveye . thereby, consisting of :marsh land containing, about 272.489 acres, made and entered into on the 19th day: of August, 1927, by and between the MORGAN OYSTER CC?-FPANY, a corporation organized rand existing under and by Virtue of the laws of the State of California, as ' essor and proposed 7endar,. under the option to purc, ase contained in said lease, and the CITY OF PALO ALTO, a municipal corporation of the State of California, as lessee: and Optional vendee . Reference to ss.id lease is hereby made for further particulars. This resolution is attached to and made a part of said lease and the copy . thereof, and the City Clerk is directed to copy this resolution:,, together with said lease in fall, in the minutes of the meeting of -the Council. The above and foregoix`€ .resolution was duly passed by the Council of. the 'CitY of Palo Alto, at a meeting held on the 1st day of September, 192'x by the_ . fob lowing vote: AY;S: • Bertsche, Bonn, Ch r'istensen, Cottrell, Hobart, Hoge, Kelly, Lausten, Thomas, Wing, Wood. SO S: None. ABSENT: Cathcart, Jardan, Thoits, Whisaer. Approved: A. C. Hobart ayor Attest: L. L. Beach City Clerk STATE OF CALIFORNIA ) SS COUNTY OF SANTA A CLARA ) I, E.' L. BEACH, hereby certify that I am the duly appointed, qualified City Clerk of the City of Palo Alto, and ex-o:ffY c.io' Clerk of the City Council; that the above and fa.regoing copy of the resolution accepting the lease and option of the Morgan Oyster Company is a true and correct copy of the original resolution as passed by the , Council and now on file in my office. - L. Beach (Signed) City Clerk STATE OF CALIFORNIA ) COUNTY OF SANTA' CLARA ) CITY OF PALO - ALTQ : ) I, F.L..57'A H;, hereby certify that I am the duly appointed, qualified and acting Clerk of the City of Palo Alto and ex -officio Clerk of the City Council, that Section 13 of Article III, ,codified _ or dina:;ices of the City ofPalo Alto `kt.. crizes the ::ayor, and.` City Clerk to sign and attest all contracts'..entered- `into by authority -of the Council. Section: 1.3=. reads as follows: "Section 13. SIGNING contracts -in excess of three by the Councilor an: of the the Mayor if entered. nta by, OF CONTRACTS: All written 'hundred dollars entered into .departments shall be signed by., authorization of the Council,_ and shallihall be signed by the Chairman of the Board if en Bred into by authority of the Board, and in an cases', all contracts shall be attested by the Clerk under seal of the City.n farther certify that the above is a tree and correct .copy of Section L of said ordinances. sessio Roll c the me On mot were a Mende the po Organ' Counci Was c or. Coami s s. report tion of °amino §80,000 The repq and pia] Clark,`i ars . Edv C otmai s s' Committ this re/ ' committe report 6 that wile October 'e a refund with an This mat Le city pro