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HomeMy WebLinkAbout00245 minutes thereof, visa presented and read in full at thisLessee shall have the right at nny time to prepay any installment or installments of rental or frnction thereof, all such prepayments to apply to rentals not theretofore prepaid and lnst fnllinr• due. 6. In case the Lessee shall fail to pny any installment of rent at the time v:hen the some shall fall due, in uccordance with the provisions of this lease, or shall other- •rrise fail to perform any of the terms and conditions of this lease, and such default or failure shall continue for a period of sixty (60) days after written notice one. demand, specifyin; the amount of rent due or the nature of the default or failure claimed by the City, ohnll have been personally served upon the Lessee, then the City shall hnve the right, at its option, to terminate this lease and to resume possession and control of said leased property; Provided, that in case of any dispute between the purties in respect to the nonpayment of rent or in respect to any claimed default or failure to comply with the provisions of this lease, no forfeiture of this lease shall be declares, by the City while the Lessee is proceeding in good faith to have the point in dispute determined by nny court of coc,petent jurlreiction, and Provided, further, that payment of said in- stallments of rent shall, at t:he option of the Lessee, be suspended for and during any period or part of said term during which said lensed property, by reason of the failure of the City properly to mnlce necessary re pine uments, shall fail to function or to supply the Lessee with the qunntity of water which it would supply if' such replacements were made. 7. The City covennnts, no Lessor, that it, the said City, if and v,hen requested by the Lessee, will make, execute and deliver till assignments and transfers of water rights and crater permits and all other assignments and transfers necessary to afford to the Lessee full enjoyc.ent of thnt part of said waterworks and system hereby leased, reserving to the City the first four million (4,000,00n) gallons of water daily from said waterworks and system. The City hereby covennnts that said waterworks find system will curry and deliver at the point of diversion to thopropertics of the Lessee, near the Southerly limits of said City, not less than fourteen million(14,000,000) gallons of water daily, at a head of not less than bne hundred seventy-five (175) feet. 8. The Lessee agrees that it will not sell or otherwise dispose of any of the water taken by it from said vraterc:or,.s and system hereby leased, in competition with the City of Port Townsend, and that it will not use said ;.later except for manufacturing, power and other purposes solely in connection with the manufacturing sites and plants of itself and/or of its subs idinvies at or near Port Townsend. 9. All the provisions, terms and conditions of this lease shall be binding upon and accrue to the benefit of he successors and assigns of the parties to this lease." AND BE IT k•'URTHS'R RESOLVVED that the City Clerk is hereby directed to cause this resolution to be published in the , the official news- paper of said City, once a week for four weeks, -the ate of Ithe first publication to be 1944, and the date of the last publication to be T944, together th a not cc calling for sealed bids to be filed with the City (irk not later than seven -thirty o+clock P.M. on , 1944, at the office of the City Clerin the C ty o v: Port Townsend, accompan e y a certified check x eck or deposit as hereinaftev stated. Each bid shall state the amount to be paid as rent for each yenr of the torm of said lease for said period of ten (10) years upon the terms specified above, which bid shall be accompanied by a certified check payable to the order of the City of Port Townsend for and amount equal to one per cent (1%) of the aggregate nmount of rent bid for said 10 year term, or in lieu thereof a deposit with said City Cleric of a like sum in money. Said notice shall require each bidder to state in his bid that if' his bid be accepted and he fails to comply therewith within, the time specified for such compliance by Sections 9513 and 9514 of Remington+s Compiled Statutes of the State of 7'ashington, his certified check or deposit shell be forfeited to sold City. Scid notice ;hull further stnte that the legislative authority of the City of Port Town- send reserves the right to reject any or all bids and to accept any bid rhirh it deems best. The leasing of said property shall be accomplished in the manner provided by Sections 9512 to 9514, inclusive, of Remington+s Compiled Statutes of the State of ',l-ashington and pursuant to the authority conferred hereby. PASSED by the City Council this day of 1944, and approved by me in open session in authentication oi-its passage Eh�s Say of ,1944,, auyor Of the City o- Port Tovrnsen Attest Clerk o the City o port Townsend Filed by me this day of . 1944. Cler1coT-IM-7 city oil port Townsend CITY CLERK+S CALL FOE. BIDS Notice is hereby riven by the City Clerk of the City of Port Townsend, under and iT L I G 479 i rtt'��4 .'� i7IlUTES Ole ','FT-' RrCULS4TQD1 nF TIP: f TT" CQMCTT. 7-ALf„ fl El n U 1 9 pursuant to the provisions and directions of the forePoing resolution, adopted by the City Council of said City on the day of , 1944, that sealed bids for the rent of the property desc-t-T Fein said olution, will be received by said y City Clerk, at his office up to and not later than 7:30 o+clock P.M., on 1944. Each bid shall state the amount to be paid as rental for such property for each ., . year of the term of said lease for the period of ten (10) years, upon the terms speci- fied in said resolution, which bid shall be accompanied by a certified check payable to the order of the City of Port Townsend, for an amount equal to one per cent (1�,) of the aggregate amount of rent for said ten year term, or in lieu thereof, a deposit with the said City Clerk of a like sum in money. Each bidder shall state in his bid that, if his bid be accepted and he fails to comply therewith within the time specified for such compliance by Sections 9513 and 9514 of Remington's Compiled Statutes of the State of Washington, his certified check , or deposit shall be forfeited to said City. That the City Council of said City reserves the right to reject any or all bids, 11 (w and to accept any bid deemed best. Dated this day of , 1944. City Clerk A general discussion ensued with respect to certain of the provisions in the pro- posed lease. The principal object of it, was to give the members of the council an Opportunity to come to some decision on them, and no attempt was made at fails time, to make any decision, or take any action upon the resolution one the matter itsconcerns. Sullivan Excused !... Sullivan asked that he be excused from further attendance with this session, by reason of press of other business matters, •which permission was given by ,Mayor. Legal Help Employment Authorized It was moved by Councilman Maroldo that the :'later Committee of the City Council, the Mayor and l;`ater Superintendent concurring, be authorized to employ a recognized and comnetent lawyer, to advise with and counsel the City Council, concerning other questions connected with the application of Crown Zellerbach Corporation, for replacements of certain alleged, deteriorated portion of the City+s main water supply line. This motion was seconded by Councilman Brown. A motion to table was made by Councilman Carroll, but was lost for want of a second. A roll call vote was taken upon the motion of Councilman hlaroldo; Councilmen Brown, Maroldo and Buse, voting in the affirmative, and Councilmen Lammers and Carroll voting in the nerative, and the motion was declared carried. ORDINANCES AND RESOLUTIONS Street Department Emergency Ordinance A proposed emergency ordinance to provide additional wants to carry out the surfacing roEram contemplated, which was read in full for the first reading with the last regular ession, and incorporated in the minutes thereof, visa presented and read in full at this ime, for the second reading. It was moved by Councilmen Brown,that the third reading be by title only. This otion was seconded by Councilman Maroldo, and upon roil call, vote of five Councilmen resent,voted in the affirmative, and motion was declared carried. Third Reading And Passage The proposed ordinance was read by title only for the third reading, whereupon, it as moved by Councilman Brown,•and seconded by Councilman Carroll, that the Ordinance o now pass. Upon roll call, vote of five Councilmen present, voted in the affirmative, nd motion was declared carried. ADSOUR31YENT No further business appearing; for consideration by the Council at this time, it was as by Councilman hlaroldo and seconded by Councilman Carroll, that the Council do now ourn. Motion carried. test: IN I Mayor 6.