HomeMy WebLinkAbout00256 session and control of said leasedproperty: Provided, that in case of y`;v ^ g _"#�,, poses therein mentioned, and each on oath stated that he was author-n
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As funds are required to be disbursed by the City under any contract
duly entered into by the City with respect to malting of replacements as above Attest:
provided, the same shall be evidenced by certificate signed by the City's ® t C-
Engineer duly certifying (1) the amount or amounts required, (2) the parties � 4(• r1ti Its Secretary
to whom the same are payable, (3) that the charges have been incurred under
contract duly entered into by the City and that the payments proposed to be ' r ti"dais„lv`i7' STATE OF",ASI1IlIGTON)
made are in accordance with the terms of such contract, and (4) that: said it r a,`'xYKr,".%'�,;:;�. )as
charges constitute it proper atom or items of the cost of malting the required „rt r.- COUNTY OF JEF'F9.RSON)
replacements. Upon receint of tiny such certificate duly ❑Indc, signed and certi- tl+ „
find by snid F:nginaer, the Lessen will, within five (5) days thereafter, pay ; Y4y+? '¢If;� - THIS IS TO C:TiTIYY: That on this day of
to the City the amount or amounts t.lerein certiflec., and tha City c;ill forth- 1 t s�� 1944, before me, a Notary Public in an or the Sta'e�oi"7=ngton,
with disburse such amounts to the parties and for t:he purposes so certified. �' „star 7ts#? , duly commissioned and screen, personally appeared ,
to me ]moan to be the Mayor and , to me norm to
All area .ts ndvnnced by the Lessee to the City pursuant to the terms be the City Clerk of the City of Port Townsend, t eGmunicipal cor-
of this clause d shall. be credited, against the rent:+ls provided under this porntion that executed the within and fore^.oing lease, as Lessor,
( ) F- f, '' ;'•rttrtF` a and acknowledgedthe said instrument to be the free and voluntary
lease last falling due nnc not theretofore absorbed by the cost of replacement I( ;{5�r act and deed ofsaid municipal corporation for the uses ant purposes
theretofore advanced by the Lessee under the terms of this clause. therein mentioned, and each on oath stated that he was authorized to
J= execute said instrument, and that the seal affixed is the corporate
S. The rent to be paid by the Lessee under this lease shall be a9
t seal of said corporation.
follows; namely:
The rental for each year of the germ of this lease shall be fifteen WITNESS my hand and official seal the day and year in this
Y C n r� xs certificate first above written.
thousand (N15,000.00) dollars, which rental shall be paid in semi-annual �, tr fir, 1,y1• i
Installments of seven thousand five hundred ($7,,500.00) dollars, the first " ' yt .....J'V
installment to be snid at the time of the commencement of' this Tense, as �t n e F ay�,1a :} nfi?'^' . Notary y Public In and for the State o
provided in paragraph 2 hereof, end the succeeding iirstalL:rents to be paid „ xi•f }'' st %> Washington, residing at Port: Townsend
semi-nnnually thereafter during the said term, provided that the Lessee shall ✓:
have the right tit any time to prepay any installment or installments of ''�')5t,gr'r{„J !n' y�'c ' 1 STATE OF CALIF'OR14IA )
rental, or fraction thereof, all such prepayments to apply to rentals not ,?' 3„.;'il �, ." ' CITY AND COUNTY OF )as
theretofore nrennid arrd last falling due. („ Y ,'S x, a , SAN FRANCISCO
+ i
6. In case the Lessee shall fail to pay any installment of rent at THIS IS TO CFIR'l'l.'rY that on this day of ,
the time •,-.*hen the some shall fall duo, in accordance with the provisions of §,y�Yn'ta,;t,`){y •, 1944, before me, a Notary Public in n or the State o Cn iforn a,
u +5, [ts
personally appeared
tl:a Tense, or shall otherwise fail to perform any of the terms and con- � f, .fiy�iu'� � duly commissioned and sworn, p r y e-
ditions of this lease, and such default ov failure shall continue, for a x,',,rk?lr sb and to me ]mown to bet the President an
amount of eriod of sent duo ty ordays aftev thtnatur•e ofithc:rxdefault ornotice gfailure,claim claimed then f ;iz � '"X Sorationythatsexecutedectl ytheoft
within andlforeeoingrinstrument,theJcor-
City, shall hnve been personally served upon the Lessee, then the City FilS �'k Lessee, arid acknowledged the said instrument to be the free and
shnll have the right, at its option, to terminate this lease and to resume voluntary act and dead of said corporation fox- the uses and pur-
possession and control of said leasedproperty: Provided, that in case of y`;v ^ g _"#�,, poses therein mentioned, and each on oath stated that he was author-
ized to execute said instrument
any dispute between the parties in respect to the non-payment of rent or .
and ghat the seal affixed is the
in respect to any claimed def::ult or, failure to comply with the provisions r ,r {; , corporate seal of said corporation.
of this lease, no forfeiture of this lease shall be declared by tho City,
chile the Lessee is proceeding in good faith to have the point in dispute f,l'tiA rK <� �,x '1:1TN7,SS my hand and official. soul the day and year in this
determined b an court of competent jurisdiction, and Provided further, i) ir` +u'� t' certificate first above written.
Y Y P
� N
that payment of said installments of rent, shall, at the optiou�of the
Lessee, be suspended for arid, during any poriod or „art of said term during
which snid leased property, by reason of the fuflure of of < the City properly [ y„t{t; ,' � 1a3� .o ❑u c
to make necessary replacements, shall fail to function or to :,upply the 3 pt y f'w4 City and County i' an Francisco
r +s t'}�1,
Lessee with the euantaty o1' eraser c:hich it would supply if such replacements t +r �g�"(y`>s+ My commission expires
:':ere made. Section 3. This ordinance shall be published once in the
port Townsend Leader, but shall not take effect and he in force
7. The City covenants, as Lessor, that it, the said City, if and when ;
,t T�. until approved by the voters of the City of Port Townsend at a
requested by the Lessen, will make, execute and deliver all assignments } r l,i special election to be called for the pur•nose of submitting the
and transfers of crater rights and neuter permits and all other assignments €,<� )' same to the voters of the City for their approval or rejection
and transfers and transfers necessary to afford to the Lessee full enjoyment ' ............l) ' in accordance with the statutes of the State of :'lashington.
of that port of said waterworks and system hereby leased, reserving to the w.
City the first four million (4,000,000) gallons of water daily from said I + "+' j x "'fit? 1 PASSED by the City Council :day 1944.
waterworks and system.The
�r rz` x'tir L APPROVED by the Iiayor P,:ay , 1944.
and deliver taththe l point ofndivets rsion at ato the prolC perties ofand sthe Les a as, near �tem *:.rill carrytri t `'4 f ,yS r ! a y Mayor
the southerly limits of said City, not less than fourteen million (14,000,000) (���rt� '-,,� t
gallons of water doily, at a head of not less than one hundred severity -five ]L( j S Attest:
(175) feet.Z.
Y,,_A>T lie.
City Clerk
B. The lessee agrees that it will not sell or otherwise dispose of
any of the water taken by it from said waterworks and system hereby leased, APPROVED AS TO FORM:
in competition with the City of Port Townsend, and that it will not use said
.rater except for manufacturing, power and other- nurposes solely in connection � d- ;la u �''h a 2- City Attorney
with the manufacturing sites and plants of itself and/or of its subsidiaries \�_ ,„may S Fr F
at ol• near Port Townsend. Aak-_ig -S•;
9. All the provisions, terms and conditions of this lease shall be ldnding 9'Ii rr' :L Sullivan Arrives
upon and accrue to the benefit of the successors and assigns of the parties
to this lease. II ya1r �i•;'r_F t Councilman Sullivan arrived at the beginning of the reading of the foregoing
�i1 '*"7F`.F3'c,r,r"fsyftt` ordinance, and assumed his chair.
Iti :l'7;I11{^^ "'HEHSOF, the City of Port Townsend has caused this lease
to he axe^uteri in its mart and behalf, by its Mayor and City Clerk, and It was moved by Councilman Eiaroldo and seconded b7 Councilman Brown
I , that the
its corporate senl to , e hereunto affixed, after due proceedings had in first reading of the ordinance entered next above, be considered as the second
accordance vith lac: and the said Crown Zellorbach Corporation has caused h��F sl+r,�i'y' t reading, and that the third reading be by title only
its offlcors thereunto duly authorized, and its t; ,r� lr` 'r
this lease Co be c :ecuto;i b;•
corporate seal to be hereunto affixed, the day and year first herein written, n,I iex,Ik +' ' Carroll Arrives
LL kx i,�, sJ
in duplicate hereof. tY•, '>'
III N' T; " Councilman Carroll arrived at this time, assumed his sent and was informed of
'i'I{{.; CI'i'Y Oir PORT `1'01}T{S711ll - I��� the notion before the house.
By idayor isttl� A roll call vote was taken upon the proce^ding motion and each of the seven
{INF4j.i`+ Councilmen present voting in the affirmntive the motion visa declared carried.
Attest:
City Clerk .
CI1,0713I ZELLERBACH CORPORATION
t
By
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