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HomeMy WebLinkAbout00483a 340 I WHEREAS, the lessee's £inaneial•oondition will not allow an even monthly or yearly dis tribution of said rental during said period, but necessitates that the major portion of acid rental fall due toward the latter part of said period, NOW THEREFORE, in consideration of the promises and of the payments hereinafter stipu- lated to be made by the Lessee to the Lessor, and the full and faithful performance by the Lesson of all the terms and conditions of this agreement at the time and ih the manner heroin set forth, IT IS HEREBY MUTUALLY AGREED, as follows: (1) The Lessor agrees to, and does hereby lease to the Lessee for the term hercinafte stated, the following apparatus and equipment: Ono (1) Model AP Typo MACK 1000-Gullon Capacity triple combination':pumping engine and hose wagon, equipped with 200-gallon orator booster tank and including 1,000 feet of two and one half (2t") inch fire hose. Delivery to be made at Port Iow•nsond, Washington, immediately upon the execution of this instrument. (2) The agrood rental for the. aforesaid apparatus and equipment for the term herein- after stated shall be $15,839.00, and the Lessee covenants and agrees to pay said total rental to the Lessor as follows: (a) $500.00 upon the execution of this instrument; (b) $1,459.00 on or before January 15, 1930; (c) $2,750.00 on or before January 15, 1931; (d) $11,130.00 on or before January 15, 1932; All payments to be made in cash, negotiable notes or warrants. It is mutually agreed that any sums paid by the Losses during the aforesaid rent paying periods, in excess of the amount due during the period in which said extra amount is paid shall be credited on the amount due on the last rent paying date, namely, January 15, 1932. (3) This lease shall continue in effect from the date hereof until December, 29, 1932, on which last named date it shall automatically, and without notice, terminate; but the Lessee shall have the right at any time prior to said termination, to purchase the whole of said apparatus and equipment for the sum of $15,840.00, the reasonable value thereof, in which event this lease will immediately cease and terminate. And it is mutually agreed that in the event the Lessee exercises th option herein given to purchase, then and in that event any and all sums theretofore paid as rental shall be deducted from the total purchase price of $15,840.001 (4) The Lessee agrees to lease the aforesaid apparatus and equipment for the entire term aforesaid, and to pay to the Lessor the total rental herein specified, and in addition thereto, to pay and discharge, before the same become delinquent, , any and all taxes and charges levied or assessed against said leased property, or any.part thereof, during the term of this lease. (5) Upon the termination of this lease, other than bj purchase provided in paragraph three hereof, the Lessee agrees to re-doliver said apparatus and equipment to the Lessor at Seattle, Washington, in as good condition as when received, ordinary wear and tear thereof excepted. (6) If the Lessee shall fail to pay the rental, or any part thereof, hereinbefore pro- vided for, as and when due, the Lessor may at its option terminate this lease and enter upon the Lessor's premises and remove said apparatus and equipment, and the Lessee grants to the Lessor the irrevocable right and license to enter upon the Lessee's premises for that purpose. (7) No agreement of sale of said apparatus and equipment is implied hereby, and no sal of said apparatus and equipment shall be valid without the -,-mitten consent of the Lessor; all payment provided for herein are for the use only of the apparatus and equipment above described. (B) The Lessee covenants to keep said apparatus and equipment fully insured during the term of this lease, and further covenants that in case of damage or loss by fire, crater, theft or oth causes, during the term of this lease, to pay to the Lessor the full value of said apparatus and equi ment as set forth in paragraph three (3) hereof. (9) It is mutually agreed that the acceptance of payments by the Lessor after any do - fault hereunder on the part of the Lessee, shall not be deemed a waiver thereof and shall not estop the Lessor from asserting its right to all payments strictly as called for herein. (10) It is mutually agreed that it is the intent of the parties hereto that this ins- trument is a lease and that the provisions and ,conditions thereof constitute the only satisfactory arrangement which may be made vnccreby the Lessee may be provided with fire fighting equipment such as is necessary and adequate for its protection against loss and destruction by fire. IN ';IITNESS 7,11E'REOF the parties hereto have executed this Agreement, in duplicate, the day and year first ebove written. MACY,-INTL•'RNATIONAL Y.OTOR TRUCK CORPORATION, Lessor, CITY OF PORT TO10SEND, Lessee, By Mayor By City Clerk F [1 n 341 It was moved by Councilman Peach and seconded by Councilman Robbins that the 14ayor and City Clerk be authorized to sign the said lease and a warrant by drawn for the initial payment of $500.00, all in accordance with the state law. Upon roll call, all five Councilmen present voted in the affirmative and motion was declared carried. Vacation of "U" Street: The matter of the hearing on the proposed vacation of a part of "U" Street being in order, qnd coming up for hearing, the city clerk presented an affidavit of posting, together with a copy of the said notice, as follows, to -wit: AFFIDAVIT Cr POSTING STATE OF WASHINGTON ) : SS COUNTY OF JEFFERSON ) C. F. CHRISTIAN, being first duly sworn on oath, deposes and says that he is the regularly elected, qualified and acting City Clerk of the City of Port Townsend, Wash., that he posted notices, the annexed of which is a full, true and correct dopy, in the following placed in t: City of Port Tovmsend, Washington, as follows: One at the front door of the Jefferson County Court House; One at the front door of the 6ity Hall in the City of Port Townsend; One at the dornbr of Washington and Taylor Streets in said City; and One on the street sought to be vacated. That such posting was made on the 26th day of August, 1929. C. F. Christian Subscribed and sworn to before me this 17th day of September, 1929. W. J. Daly, Jr. Notary Public in and for the State of (SEAL) Washington, residing at Port Tovnsond NOTICE OF THE TIME AND PLACE OF HEARING IN THE MATTER OF THE VACATION OF A PART OF A STREET Jack W. Miller, having filed with the City Council of the City of fort Townsend, Wash- ington, a petition requesting the vacation of a part of a street in said City, to -wit: That portion of "U" Street between the easterly line of Walnut Street and the meander line of Admiralty Inlet and lying between Blocks 102 and 103 of Pettygrave's Second Addition to the City of Port Townsend, ?,OTICE IS HEREBY GIVEN That pursuant -to a resolution passed by the City Council of the City of Port Townsend, on the 20th day of August, 1929, the said petition will be heard at 8 o'clock p. m., or as soon thereafter as practicable, on Tuesday, the 17th day of September, 1929, in the council chambers of the City Council of the City of Port Townsend, Jefferson County, lashington, when and where any per- son or persons may appear and make exceptions or objections to the proposed vacation. IN WITNESS Y1HEREOF, I have hereunto set my hand and affixed my Official Seal this 26th day of August, 1929. C. F. CHRISTIAN (SEAL) City Clerk of the City of Port Townsend The Mayor requested anyone having objections to said vacation to state them at this time there being no objections, the ordinance vacating that portion of "U" Street described in the fore- going Notice and •entitled "AN ORDINANCE of the City of Port Townsend, vacating part of "U" Street between the Easterly side of Walnut Street and the meander line of Admiralty Inlet and lying betwean Blocks 102 and 103 of Pettygroves Second Addition to the City of Port Xcrunsend," was read in full fo the first reading. It was then moved by Councilman Peach and seconded by Councilman Robbins that the first reading be considered the second reading, and that the third reading be by title only. Upon roll call, all five councilmen present voted in favor thereof and motion was declared carried. The Vity Clerk road the said ordinance by title only for the third reading and it was moved by Councilman Peach and seconded by Councilman -Robbins that the said ordinance do now pass. Upon roll call, all five councilmen present voted in the affirmative and motion was declared carried.. The following is a full, true and correct copy of said ordinance No. 981, as passed by the city council September 17, 1929, approved by the Mayor September 17, 1929, and published in the Tort Townsend Leader September 23rd, 1929, to -wit: The City Council of the City d'Port Townsend, Washington, to ordain as follows: Section 1. That part of "U" Street between the Easterly side of 1'lalnut Street and the meander line of Admiralty Inlet and lying between Blocks 102 and 193 cC Pettygroves Second Addition Ito the City of Port Townsend, be and the same is hereby vacated. ki