Name/Title
Lease and License AgreementEntry/Object ID
1986.001.0007Scope and Content
Lease and License Agreement between the City of Benicia and the Martinez-Benicia Ferry Co, providing that the Ferry Co. may use the waters and collect tolls for ten years hence. Dated July 1, 1913.
document consists of 3 pages.
Document reads:
AGREEMENT
The City of Benicia, a municipal corporation organized under the laws of the State of California, and a City of the Sixth Class, the party of the first part, and The Martinez-Benicia Ferry and Transportation Co., the party of the second part,
Witnesseth-that whereas the said party of the first part is the owner of what is commonly called the City Wharf, in Benicia, and of the approach on First Street thereto and of lands adjacent to said whart and approach, and
Whereas, the said party of the second part desires to construct a ferry slip and approach on the east side of said approach to said City Wharf and to construct an apron and all the necessary appliances to use the same for the landing of its Ferry Steamer, "City of Seattle", or any other steamer or boat that it may operate on its Ferry between Benicia and Martinez, and
Whereas, the approach to said City Wharf is now in a weakened condition on account of age and use on said approach, to that extent that it will require to be repaired at considerable expense, and
Whereas, the construction of said contemplated wharf and approach and the connecting the samewith the approach to said City Wharf, will greatly strengthen the same, and
Whereas, the construction of said slip, and landing for the said Steamer and the operating of the Ferry of the party of the second part across the Straits of Carquinez between Benicia and Martinez will be of great benefit to the City of Benicia and its citizens.
NOW THEREFORE, In consideration of the sum of ten dollars in GOLD COIN, paid to the said party of the first part of the said party of the second part, the receipt of which is hereby acknowledged does hereby let and lease unto the said party of the second part its successors and assigns the privilege and use of the lands and waters herinafter described, and does hereby license the said Martinez-Benicia, Ferry and Transportation Co., to operate its said Boat or any Ferry Boat as herein and to collect fares and tolls for the transportation of teams, vehicles frieght and persons, cattle, horses, sheep and live stock and all kinds of freight, said party of the second part to file with the City Clerk of the City of Benica, a schedule of its charges for carrying freight persons and vehicles and live stock and a time table showing the time of arrival and departure of its said Ferry Boat at Benicia.
That the lands and waters overflowing the same, license to use which are described as follows, to wit:- All of that portion of Front Street in said City, occupied by the present slip of said party of the second part and lying immediately east of the City Wharf or approach thereto andso much of said Front Street as may be necessary to be used for the operation of said Ferry Boat, with all the rights that the City may have over the waters and lands thereunder south of the water front line extending easterly as far as the east end of the City Wharf.
The said license shall continue for the period of ten years from date hereof, provided however, that if the said party of the second part shall without good cause cease to operate said Ferry for the space of six months, then and in that event this license shall cease and become null and void.
It is further provided and expressly agreed that the said party of the second part its successors or assigns, shall at all times when said Ferry Boat shall be in the slip, at Benicia, keep watchman thereon and that the fire hose and pumps shall be kept in good working condition, and the hose connected up during the night time. That the party pf the first part may at all times prescribe any reasonable rules and regulations governing the fire protection while said Boat is in the Benicia Slip, and of receiving and discharging its cargo upon the City Whart, including passengers, and it is further agreed that the said party shall not at any time leave any freight or other thing on the City Wharf that will obstruct the use thereof or the approach thereto.
It is further agreed and understood that the Ferry Slip, apron and wharf herein authorized to be constructed by the said party of the second part, is and at all times shall be and remain the property of the said party of the second part, but should the same be removed at any time, the approach to the City Wharf shall be placed in as good condition as the same now is, usual wear and tear and damage by fire and the elements excepted.
Dated this 1st day of July A.D. 1913
The City of Benicia, By
President of Its Board of Trustee (can't read signature above title)
C. D. Scannell, City ClerkCollection
Benicia Industrial Collection
