HomeMy WebLinkAboutReso - CC - 011-1946RESOLUTION NO. 11 - 46
RESOLVED by the City Council of the City of
Burlingame that the Layor be, and he is hereby authorized
and directed for and in behalf of the City of Burlingame to
execute and deliver the attached lease to the duly constituted
Burlingame Post No. 163, American Legion.
I, Herbert i.. 'iJhite, City Clerk of the City of
Burlingame hereby certify that the foregoing Resolution was
introduced at a regular meeting of the City Council of the
City of 3urlincrame, held on Is'arch 4, 1946, and adopted by
the following vote:
'yes - Councilmen: Dahl -Harris -Hunt -Roth
Noes - Councilmen: None
Absent Councilmen: VJhitsell
City Cler.'
4.
This Indenture of Lease Made and entered into this
28th day of March, 1945, by and between the City of Burlingame,
a municipal corporation, heroin called the lessor, the first
party, and Burlingame Post '153, American Legion, herein called
the lessee, the second pasty.
W l TN SS `TH:
'For a valuable consideration paid to the party of
the first part by the party of second part, the receipt whereof
s hereby acknowledged, the said first party does hereby lease
to the second party the following parcel of groland in Washington
Fork in the City of Burlingame, to wit:
A parcel of Zane within a public park area (known
as ',`ashington Park) in the City of Burlingame, said parcel
located near Burlingame Avenue directly apposite myrtle Road,,
:ore particularly described as follows:
Beginning at a point on
,:northwesterlyof
Burlingame Avenue, distant 320.00 feet from the intersection of
the said northwesterly line of Burlingame Avenue wl.ttL the north.
easterly line of East Lane as shown on that certain ap entitled
"Supplementary map to Man Number l of the Town of Burling acne, Ban
Psateo County, California,," Filed in the office of the County
i
Recorder of San Mateo County, in Volume B of maps, Page 28
t?%ence northwesterly at right angles to Burlingame Avenue 163.00
feet; thence s0i'thwesterly and parallel to Burlingen,e Avenl;e
i
j 100.00 ,feet; thence northwesterly at right angles to the last
named course 50.00 feet to the southwesterly boundary line of the
Washington Park Baseball Field; thence northeasterly along said
boimdrary lime 196.00 feet; thence southeasterly at right angles is
the last named course 50.00 feet; thence southwesterly parallel to
Burlingame Avenue 76.00 feet; thence southeasterly at right angles
U
to Burlingame Avenue 165.00 feet to the northwesterly line of
Burlingame Avenue; thence southwesterly along said northwesterly
line of Burlin;ame Avenue 20.00 feet to point of beginning:
For a term of twenty five years commencing April
10 1946 and ending March 31, 1971 for a total rental of twenty
five dollars payable in yearly installments of one dollar each,
commencing April 10 1946.
The said second party is to have the possession of
the said land for the purpose of erecting and maintaining a
building thereon to be used as a meeting place and assembly hall
for the members of said Burlingame Post #1631 American Legion.
During the term hereof the second party shall be
Solely responsible for the maintenance of the building and the
grounds upon *.ieh said building is erected.
During the term hereof the second party will pay
all gas, water, electricity and other utilities used in and about
the said premises.
During the term hereof the said second party agrees
to pay all taxes levied or assessed against said property herein
demised.
Tile second party hereby agrees not to sublet the
Premises or assign this lease or any interest therein without the
written consent of the first party first had and obtained.
It is agreed the second party may cancel this lease
whenever it may desire upon giving the first party 50 days notice
in writing of its intention to do so and to surrender the possessl
of the land.
It is agreed that any improvements erected or pla
upon the said land shall be the property of the second party and i
shall have the right to remove said improvements upon the expirati
of the term.
It is agreed that the second party shall have the
right to extend the term rpovided, by giving notice in writing to
the first party six months before the expiration of the said tarn.
In the event of a total destruction of the building
on the demised premises, this lease shall terminate and be of no
force or effect, unless the soc and party shall within six months
from the date of such total destruction commence and diligently
carry on to completion a new building„ the plans of *-ich must be
approved by the Planning Commission of the City of Burlingame.
The second party hereby agrees to submit to and
obtain the approval of the Planning Commission of the City of
Burlingame for any structure proposed to be erected on said land
and premises.
In witness whereof the Parties have caused this
indenture to be executed by and through its proper offices after
passing resolutions authorizing the same, the day and year first
above written.
CITY OF BURLINGAME
by Peter Dahl
Mayor
BURLTVGAME POST #I,68 AMERICAN
LEGION
by Emil Schultz, commander
H.Jay Burns, adjutant