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HomeMy WebLinkAbout00167 MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL DECEMBER 15 1942 continued.MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL DECEMBER 15 1942 continued. CONSENT OF PROPERTY OWNERS ABUTTING ON STREETS PROPOSED TO BE LEASED To The Honorable ]Mayor and to the Honorable City Council of the City of Port Townsend: The undersigned, being the owners of at least eighty per cent (80%) of the total ownership of the square feet frontage abutting on the streets hereinafter proposed to be leased, for the portions thereof as indicated, do hereby consent and request that the City of Port Townsend do lease to the Cotton Engineering and Ship- building Corporation for the purpose of aiding in the shipbuilding operations of the said corporation, the following portions of Front Street and Monroe Street with- in the City of Port Townsend, namely: All of Front Street south of Lot 7 in Block 4 and south of lots 1, 3 and 5 in Block 5 and south of Lots 1 and 3 in Block 6 and all of Monroe Street south of Water Street. Dated this 17th day of November, 1942. \� Harry A. Cotton President 0 on ng near ng p uilding Corporation Owner of the front footage of the following described property: Anna J. Gehrke Anna J. Gehrke, owner in her separate right and vendor under existing real estate contract of purchase with Cotton Beg. & Shipbuilding Corp. as purchaser of Lot 8, Blk.4, and Lots 1 and 2, Blk. 5, Original Townsite of City of Port Townsend. Francis De Leo The proposed form of lease was read in full and there being some desire by members of the Council to consider the proposed lease with a view toward making such changes as might be deemed necessary, a full, true, and correct copy of the lease as granted will be entered in the Minutes as of the time during the meeting when said lease was granted. RECESS It was moved by Councilman Lammers and seconded by Councilman Sullivan that the Council recess at this time for a period of twenty-five minutes. The motion carried. RECONVENED AND ROLL CALL ¢¢ The Council reconvened their regular session at 2:45 o'clock P. M. and upon roll call, kofficers and members were noted present as follows: Mayor H. E. Anderson; City Attorney, W. J. Daly; City Clerk, C. F. Christian; and Councilmen William Lammers, Sr., Dennis Sul - liven, J. M. Carroll, and J. F. Maroldo. Cotton Street Lease Granted It was moved by Councilman Carroll and seconded by Councilman Maroldo that the lease E Ship- portions of Monroe and Front Streets as requested by the Cotton Engineering and p building Corporation be granted providing that the phrase, "is intended to be coextensive building with and for six (6) months after the duration," be changed to read, "is intended to be !g' coextensive with and for six (6) months after the duration of the present conflict"; that I the annual rental be set in the first instance at $25.00 and that the said Cotton Engineer- h king and Shipbuilding Corporation poet with the city a 42,000.00 surety bond as an evidence of good faith. Upon roll call vote, all four Councilmen present voted in the affirmative and the motion was declared carried. Following is a full, true, and correct copy of lease as granted and accepted: LEASE, PURSUANT TO SECTION 9128 OF RE:,INGTOH'S RE- VISA STATUTES OF WASHINGTON, LATS OF 1915, P. 658, SECTION 15. -------------------------------------------------- l� THIS IIDENTURE OF LEASE, entered into, pursuant to the provisions of Section 9128 of Remington's "evised Statutes of 1ashington, Laws of 1915, Page 658, Section 15, and after due publication of notice of intention of the City of Port Townsend to lease certain portions of streets (as hereinafter described) as published in the Port Townsend Leader, the official newspaper for publications of said city, for the time and in the manner required by said section 15 of the such " 1915 act, fixing time and place for public hearing upon the application of the Cot- ton Engineering & Shipbuilding Corporation to lease such portions of such streets, f and after due hearing at such time and place and determination by the City Council of said city that lease by said city should be entered into rith said Cotton En- p[k gineering & Shipbuilding Corporation for the time and on the terms and conditions G G and in the mannerhereinafter stated, by and between the CITY OF PORT TUNNSEND, a S W hereinafter third class of the State o f Washington, h e corporation of the , c gt municipal P also referred to as and included :within the terms "lessor," and COTTON EUGIIiEERING & SHIPBUILDING CORPORATION, a Washington corporation and its successors and assigns, hereinafter also referred to as and included rithin the term "lessee," U 1 T 11 E S S E T H: (( That for and in consideration of the sum of Twenty-five Dollars ($25.00) Y lawful money of the United States of America in hand paid to lessor by lessee and t in consideration of the payment of a like amount one year from date.hereof and an- nually thereafter during the term of this lease and of any extension thereof and in Ll 0 323 consideration of prompt and full compliance by the lessee with all the terms and conditions of this lease, the adequacy of which consideration is hereby acknow- ledged, the lessor does hereby demise, lease and deliver unto the lessee the fol- lowing portions of the municipally owned and occupied streets in the Original Town - site of the City of Port Townsend, in Jefferson County, Washington, namely: All of that portion of the public street known as Front Street which lies south of Lot 7 in Block 4 and south of Lots 1, 3 and 5 in Block 5 and south of Lots 1 and 3 in Block 6, and all of that portion of the public street known as Monroe Street which lies south of Water Street, all as shown by the official plat of the Original Townsite of the City of Port Townsend, for a period of ten (10) years from the date hereof, unless sooner terminated as hereinafter provided, but with rental amount hereinabove fixed to be readjusted at least once every five (5) years during the pendency of this lease term or of any -renewal thereof by lessor and lessee under mutual agreement, or if lessor and les- see are unable to agree upon such readjusted rental then the same is to be deter- mined by a board of three arbitrators, one to be selected by lessor and one to be selected by lessee and the two so selected to choose the third, and the decision of such board of arbitrators shall be final. The purpose of this lease is intend- ed to be and shall be in aid of the shipbuilding operations of the lessee, and is in furtherance of written consent and request signed by more than a majority of the owners of the square feet frontage of harbor area abutting on any of the said above described streets, and is intended to be co -extensive with and for six (6) months after the duration; (of the present war) provided however, that by mutual consent in writing and signed on behalf of both lessor and lessee and attached to the respective executed copies of this lease, the term of this lease may be ex- tended beyond such six months after the duration, otherwise the term shall end six months after such duration; and provided further, that at all time during the pendency of the term of this lease an o any ex ension thereof lessee shall hold lessor harmless and in every manner freed from any and all lose, coat and damage that may in any manner arise out of or result from any use, occupancy or structures made by lessee on any of the above -described premises leased hereby, and shall furnish to said lessee good and sufficient indemnity bond in the sum of $2,000.00 conditioned as aforesaid, and that lessee shall likewise during all such time fur- nish to the Port Townsend Salmon Club, Inc., a non-profit corporate association under the laws of the State of Washington, access, of not to exceed eighty-five (85) feet in width and to such extent only as the same is not provided for other- wise by lease between said Association and said Cotton Engineering & Shipbuilding corporation, from such Association's ownership inside the aforesaid townside con- tiguous to the within -leased premises toward deep water of Port Townsend Bay over any tidelands in front of such Associationts ownership that may be owned or pos- sessed under this lease or otherwise by Cotton Engineering & Shipbuilding Corpora- tion; and provided further, that lessee shall at the sole cost of lessee remove from the a ovS e�e54%e premises such structures as lessor may designate in wri- ting delivered to lessee at least sixty (60) days prior to the expiration of the term of this lease, and shall so remove such designated structures forthwith and within sixty days of receipt of such a notice, and that, lessee, in turn, shall be privileged to remove from the demised premises such structures, improvements and equipment thereon as lessee may desire at any time during the pendency of this lease. And, for all of the foregoing Provisions, lessee does hereby covenant, under- take and perform. a ree to B IN WITNESS WHEREOF, the said City of Port Townsend has caused this in- strument to be executed as lessor with its official seal affixed by its Mayor and duly attested by its City Clerk, on the one part, and the Cotton Engineering & Shipbuilding Corporation, a corporation, has caused execution thereof by its cor- porate president with its corporate seal affixed and duly attested by its sec- retary as lessee, on the other part, on December 28, 1942. CITY OF PORT TOVXSEND (S E A L) 13Y H. E. Anderson, Its Mayor Attest: C. F. Christian, City Clerk COTTON ENGINEERING & SHIPBUILDING CORPORATION By Harry A. Cotton, Its president (SEAL) Attest: Myrtle A. Cotton, Corp. Secretary STATE OF WASHIt::T01I )SS COUNTY OF JEFFERSON) On this 28 day of December, 1942, before me, the undersigned notary pub- lic, personally appeared HARRY E. ANDERSON and C. F. CHRISTIAN, to me known to be respectively the Mayor and the City Clerk of the City of Port Townsend, the munici- pal corporation that executed the within and foregoing lease, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Port Townsend for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said city and that the seal affixed is the official seal of said city. WITNESS my hand and official seal on the date above written in this in- strument.