Loading...
HomeMy WebLinkAboutA 05061905� � c T 'C ; AGPMZMrL,j made and entered into thisV-,-„j,_,day of 1905, by and between the Board of Public Works of the City of Seattle, a m 2hic,ipal corporation, party of the first part, and the T ox�ni of Renton, a. mu--icipa,l corporation, party of the second part, WITNRSSET'H: 1. That this contract is made and entered into under and by virtue of Ordinance No. 12056, of said City of Seattle, entitled "An Ordinance authorizing and directing the Board of Public Workd' to enter into a contract with the Town of Renton for the sale of crater to the Toren of Renton, under certain teras and conditions", approved Febmaxy 99 1905, r;n-i ch said ordinance is here');, referred ;o and made a Part \n hereof, and Ordinance No. 70 , of the Torm of Renton, entitled "An Ordinance authorizing, and directing the 21ayor of the Totem of Renton to enter into and execute a contract on behalf of the Town of Rentor$ 1--r for tF purchase of Suter from the City of Seattle'repealing Ordinance No. 68 of said Town of Renton, entitled 'An Ordinance atzthorizi r_, the Iis-ror of Renton to execute a contract in beh_a]f of the Town_ of Renton for the purchase of ~°rater from the City of Seattle, approved February 23, 1905", approved4,,,-39 which said ordinance is hereby referred to and Made a part of this contract. 2. That for and in consideration of the covenants, xrorlises 3zid E.t;reements on the part of the said party of the second wart herein- after contained, said party of the first part hereby agrees to sell :md- cupp3o- out of the surplus mater from said City of Seattle"s Cedar River Fater System to said party of the second part, such quantity of water as ;uch zurpl.rS 'trill permit and as may be desired thereof by aaid seCOM art;, fro-ri the date hereof until t�relve o'clock r_oon on the first da�r of June, 19131 at which last naned date, this contract., if not thereto- fore ceded in acco. d=ce with th.3 tents hereof, sell expire by lirii- t at i or , and all obligation on the part of the said first party and said City of Seattle shall cease; provided that the said party of the first. part sliall be under- no obligation to furnish crater to said second pairty- cr'tienever such water may be needed for supplying the City of Seattle, or the inhabitants thereof, or-vkenever such water shall be necessary to supply any party with whom the said first party has heret-ofore entered a contract for supplying crater, it being dist irctly understood that the rater hereby agreed to be furnished by said first party small be fur- nished wholly frc1i that which is surplusage and in excess of any ariourt needed to fully and completely supply the City of Seattle and the in- habitants thereof, and of rrhic!h use or needs the City Council of said City of Seattle sb=_11 bo t4'1,.-- scle and absolute judge, and also in ex- cess of the amount required to be supplied bar the said first party in the performance of any contract heretofore entered into between said first party and any other person or corporation, and in case such sur- plus or excess water should fail, or the ne3As of said City, or its in- ha-1)itants, slmulc? increase so as to require or consume the whole or any part of such surplus, there shall be no liability on the part of said first party for failure to supply rater to said second party, or its in- habitants. 3. In consideration of the foregoing covenants and agreaments on the part of the said first party, the said party of the second part hereby covenants and agrees to pay to said City of Seattle for mater frr::ished Linder this contract at the re,; a set forth in Ordinance No. 9624--, entitled "An Ordinance fixing the rate to be charged for crater that may be supplied by the crater department• of the City of Sea:�;,1e to any person or corporations residing outside of the limits of the City of Seattle", approved 11ay 12,, 1903; that is to say,. the rates for wazer.- s,jpplied, shall be by Tier, and the following, a- ounts shall be paid for the :rater used during each calendar- r:ionth during the continuance of this contract, viz : 03.00 for the first four thousand cubic feet, or fraction cheracf used during any one calendar month; 7 cents for each addition- al cne hundred cubic feet., or fraction theroof, of crater used during each calendar" month in excess of four thousand cubic feet., and up to and including thirty thousand cubic feat_; 4 cents for each additional one hundred cubic feet, or fraction. thereof, of dater used during each calendar month for any quantity in excess of thirty thousand cubic feet; it being provided that said first party shall furnish a meter wii,Ei which to measure the amount of rater furnished by said first party, and that said second party shall pay said first party rent for such meter, as provided by Section 23 of Ord-+rruncu Nae 4443 of the City 6r' Seattle -0- 4. It is further agreed that said second party shall pay said first party, on or before the 25th day of each month for the Crater used by said second party durinG the preceding calendar month, and in case said party of the second part shall rmgleet, fail or refuse to make such payment in the manner and at the time herein specified, then the said first party shall have the right ;o smut off the supply of Dater to said second party. 5. It is further agrdad that said second party shall have the right, during the period of one year, from the date hereof, to termi- natv and cancel this contract by giving said first party at least sixty (60) days previous notice in writing of its intention so to do, and said first party shall have the right at any time ituring the period of this contract to terminate and cancel the says by giving said pairty of the second para one years notice in writing of its intention so to do. 6. All negotiations looking to the renewal or extension. of his contrast made by the said second par -4y shall be made by it in wri- t ing at leash one year- prior, to the expiration of this contract. 7. It is further provided that said party of the first part. riay at any time shut the crater off from the ic:irs throughwhich the said second party receives such crater, without notice, for the purposa oi` +r -°along repairs, extensions and other necessary purposes, and that ini Buell case, and also in case of the failure of tyle supply of wafer �i•C+�.L;h the bursting; of mains, or failure of - an he ;alter supply, d in case there is no suiTlusa; c of rater aoova t,Le needs of the said City of Saaturle, or the inhabitants t -Il reof, or parties holding prior con- tracts to this, or any other cause, the said first party and the said City of Seattle will not be responsible for any damages that may be occasioned, either to said second party or to any person to whom said l:arty of the second part may be supplying water so received Crom said party of the first pari:. 8. It is further agreed that said party of the second part shell not furnish or sell grater to any consumer or consumers at a. rate lower than the existing Crater rates, provided by the ordinances of the City of Seattle, to consumers within the corporate limits of said City of Seattle. 9. It is further agreed that the water to be furnished by said first party shall be supplied from its pipe line through a main to be furnished by said party of the second part at its own cost and expense, and that the connection of said main with the pipe line of said city of Seattle shall be made at a place to be designated by the Superin- tendent- of Lighting and Water Works of said City of Seattle, and under his direction and control, and that such main and all connections there- with shall be of the size and character designated by such Superintendent "A S-na.17.'-bO- Maki Under hits direction and auperylaiomv 10. That a breach of any of the covenants herein, on the part of said second party shall give said first party and said City of Se. attle the right to in=ediately and without notice, shut off the water to rye furnished under this contract, and to declare this contract cancel- led and terminated, and all rights of said party of the second part tnereunder forfeited9 11. It is fumher agree -d than -she City of Seattle has the right at the expiration of the fifth year from the date of this con- tract to change and riodifj; the rates to be paid by the said second past=.' for the rater furnished under this contract;. 12. That upon the termination of this contract, ei cher by limitW-ion or forfeiture, the wauur �.:ain leading from T.ne pipe line of sala Crcv' of Seattle shall be disconnected and said pipe line, ex the Y-,oint of juncture placed in as �ood condition as before said juncture was imide, at the cost and expense of said party of the second pert, and ander ,1e supervision and direction of said Superintendent of Lignting and Flat e r Works. IN WITNESS WHEREOF, said party of t,1e first part has caused this. agreement to be execuied by the Board of Public Works and said party of the second part xias caused this cont rUt to be executed by its Mayor and Clerk and its corporate seal to be hereto affixed the - day and year herein above first written. THE CITY OF SEATTIE BOARD OFP BLL W1d3RKS. By `Z Vh ai�"Inall rd of Public __. Works of the City of Seattle. AN TE 5T ; U� Secre�ary Board of ubl orks of the City of gehtt#0 T OWN OF RENT -ON I 0 t o r. The attached agreement me -de and entered into on the 6th day of liiay 1905 bet,..een the Bo,, -)rd of Public ':Yorks of the City of Seattle ana tho Town of Fenton, for the sale of eater by the said City of Seattle to the Town of menton N for a, period of eight (8) years, ending at 12:00 O'clock noon on the first day of June 1913, is hereby renewed and. continued in farce and effect by the -Mutual consent of both parties to the former contract, for a period of three (3) years from 12:00 o'clock no.sn on June lst, 1.913 to 12:00 O'clock noon on the 1st d€zy of June 1916. AttestZ-� `% �,�. Secreta 0-1- thebard,f 1jublic Irks of t e C'ty of Seattle. Dated June 19 1913. ^-_ Chai�m,Baar3 of blic :forks of the City of Seattle. ,,'/' / ��v 'Myor o- " Renton.