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HomeMy WebLinkAboutA 11241911AGREEMENT THIS CONTRACT Made and entered into this 24th day of November A. D, 1911 by and between the CITY OF RENTON, WASHINGTON a municipal corporation of the third class of the State of Wash- ington as party of the first part and SEATTLE ELECTRIC COMPANY, a Washington corporation, as party of the second part, WITNESSETH That whereas the party of the first part now owns and operates a municipal water system in the City of menton, Washington and in the operation thereof maintains a reservoir on Acre Tract twenty-three (23) Plat #2 Renton Co-operative Coal Company's acre- i'pacts. And whereas at certaiii times and under certain conditions a portion of the water in said reservoir escapes therefrom through the medium of the waste pipe provided for the purpose of carrying off surplus water in said reservoir. And whereas the party of the second part herein now has r under construction a pipe line for the purpose of furnishing the wash house at the mine belonging to the party of the second part with suitable water, the in -take of which pipe line and water system is below the waste.pipe of said reservoir aforesaid* And whereas it is the intention of the party of the first part herein to grant to party of the second part the exclusive right to utilize such waste water as may be discharged through the waste pipe of said reservoir for a period of fifteen (15) years from date hereof, NOW THEREFORE it is stipulated and agreed by and between the parties hereto that for and in consideration of the sum of One. ($1.00) Dollar per year to be paid yearly in advance during said period of fifteen (15) years hereafter that the party of the first part does by these presents give and grant unto the party of the second part the exclusive right for and during a period of fifteen -----------2. (15) years from date hereof to collect and use for its own use any and all waste water discharged through the waste pipe leading from the reservoir now owned and operated by the party of the first part on Acre Tract Twenty—three (23) Plat No. 2 Renton Cooperative Coal Company's Acre Tracts. The party of the second part is further given the right to maize such connections with said waste pipe as will economically gather and conserve the waste water discharged as aforesaid, pro- vidied, however, that any connections made therewith or any pipe or other fixture installed on the premises of the party of the first part shall be installed under the personal supervision of the City Engineer of the City of Renton.. Washington, and subject to his acceptance. It is farther understood and agreed that in case parties of the first part desire to make any alterations Or 011angts in said reservoir or connections, that the pipe or fixtures of the party of the second part shall upon notice be reg -arranged so as to con- form to such changes or alterations. It is farther understood and agreed that the right hereby granted shall under no circumstances be construed as preventing the party of the first part herein, from selling or in any wise disposing of any or all of the water discharged into the reservoir aforesaid, it being the express intention of the parties hereto that by the execution hereof party of the second part shall have the right to use only such portion of the water discharged into said reservoir as would otherwise be wasted. The party of the second part for and in consideration of the premises agrees to pay the said rental in the manner hereinbefore Provided and to comply with all the provisions and covenants hereof and it is expressly agreed that failure on the part of the party of the second part to comply with any of the conditions or covenants herein expressed, shall give the party of the first part the right to cancel this agreement and terminate all rights of the party of the second part herein, IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals in duplicate the dap and year first above written, CIT S e c r e t a r y SEATTLE E130TRIC COMPANY By P r e s i d e n t Attest: AS-Tti Se c a tart' ------------