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Ordinance 0427ORDIT;AIICE F0.427. Ar Ordinance authorizing, ratifying and corfirming that COL - dated as of the 27th day of December 1929, by and between boo� the City of Edmonds and the pump Equipment Compar_y wherein_ the said Pump Equipment Oompary agrees to furnish well water to the Munici- pal dater Supply System of the City of Edmonds and to furnish the necessary pumping equipmert for such supply and fixing the amount of the monthly -rentals; and authorizing ar. agreement betweer_ the same parties fixirg the furl from which the said rentals shall be paid. Be it ordained by the Council of the City of Edmords , Wash . : SECTIOI; 1: That that certair Contract authorized by Resolu- f tion of the City Co�reil or the 23rd day of December, 1929, and made and entered irto or. the 27th day of December, 1929, by and Gam"_ between the City of .Edmonds and the Pump Equipment Compary be, ar.d the same is in all thir_gs, authorized, ratified and confirmed. That the said Cortract is in words, letters and figures IThe follow- irg, towit: "This Indenture made and entered into this 27th day of Decem- ber, 1929, by and between the'Pump Equipment Compary,' a corpora- - tior, hereinafter called the lessor, and the City of Edmords, a Muricipal Corporatior of the State of Washington, hereinafter called the lessee." C,V4;�a,� WITIESSETH• and ' , c rsideration of the mutual pro- mises for n it o y mises ar_d coverar_ces herein cor.:taired and the monthly rertals hereinafter designated, the parties hereto do mutually agree as follows: "That the lessor does hereby agree to dig or drill, at the lessor's optior, two wells for the discovery of water upon those two particular sites owned by the lessee and described as follows: "(A) Well site located rear the present high reservoir site. 229 "t1) That tract of land known as well site Lumber Two, lo- ��� cated East of the low reservoir site. The lessor guarantees that _-,#�' 2 the combined :rapacity of said wells shall be such amount as may be required by the lessee for its Municipal Water System, not exceed-/,—, ' ing however, a maximum capacity mf three hundred (S'D0; gallons per minute. The lessor agrees that said wells shall be surlk by it within a period of 120 days after the date of this Contract, ex- cludirg Sundays, full holidays or days when the weather or ele- ments are such as would rot permit the work, and excluding delays or account of strikes. Said period may be exterded for such reasonable time as the parties may mutually agree upon. It is understood and agreed that in the evert that said. wells, after the expiration_ of said period or ary reasonable eztersion thereof or because of acts of God or forces beyond the lessor's < cortrol do rot produce required amount of water, that all lia- OAek bility of the parties hereto shall cease and this lease shall im- mediately become null and void, and the liability of the lessor shall be limited er_tirely to the experse of attemptirg to pr .duce, said capacity. Should the water produeed.,in said wells be of such qual=_ty as is rot suitable for use for domestic purposes by .the irhC.- itar'S of the lessee City, then this lease shall become null and void as above provided. "(2) In the event water of sufficient quantity ar:d quality is discovered in said wells, the lessor agrees to irstall it and upor said wells two (2)2omora Turbine lumps having a combined W maximum capacity of three hundred (300) gallons per minute ar,d capable of delivering water at that rate to the existing high reservoir in the City of Edmonds; also to furnish €-11 recessary Pv electrical appliances ircludirg overload and under voltage starter, time delay -relay, float switch, cortrol wirir_?- from the float to motors and B-X cable and conduit necessary to make the electrical hook-up from the motors to the various appliances and to con- struct concrete fourdatiors for said pumps; also to furnish all labor_ necessary to install said pumps from the suction strainer to the bottoms of the wells to and ir_•cludirg the pump discharge head and discharge outlet. "(3) The lessee agrees to erect at its own expense, pump houses with concrete floors for the housirg of said pumps, said concrete c,a. floors to be sufficient to carry the concrete foundations of the � Y-cr respective pumps; to furnish all valves, fittirgs and pipe ar~d the labor necessary to run pipe from the pumps discharge outlet to the reservoir. The lessee further ag ees to superirtend,during the er_tire term of the lease .as hereinafter set forth, the proper oiling of said pumps and equipment by its water Superirterder_t, who shall have been properly irstructed it the care and mainter- arce of said pumps and equipment by the lessor and agrees that in the evert of a breakdown or other failure of said pumping equip- mert to properly function, to immediately give notice thereof to the lessor, to the erd that the latter may immediately remedy the trouble. "(4) The lessee, the City of Edmords, does hereby specifically agree to pay as a rectal for said pumpirg equipment and the water t� produced thereby, the sum of Ore Hundred and Sixty-three Dollars per month commencirg with the time wher water is produced to the City's correctior_ at the pump discharge outlet or. the first well, and or, the ter_th day of each and every north thereafter for a period of five (5) years from the date of the first payment. The lessee further agrees to pay for all electric power use=L it the operation of said pumps ard equipment durirg the ertire term of this lease; also a.s=gr and trarsfer to the lessor, full title and ir_terest in and to the twerty horse power Lane & Boler Turbine pump with all electrical appliar_;ces row appurterart there- to as part of the consideration for this lease. "(5) The lessor guarantees said p_�;ps ar.�d equipment agair..st �xd all deficits it material ar_d workmarsh ip, ar.:d the labor r.�eeessary for the repair or irstallati or of repair parts for the first year[7 it the term of this lease, and to furnish to the lessee a good ar_d sufficiert Bord it the peral sum of $2,500.00 corditiored upon the full ard. faithfal performance of this Contract, and it 230 the paymert of all labor mechanics and subcor:tractors s,r•.d mater- ial men and. all per�.orl who shall supply provisions or supplies for the carrying on _f ary of the work it correction with this contract. Said Bond "o run for the first year of the term of this lease. It is under--_ood and agreed that the lessee will assume and pay for and be ::sporsible for the operation and mairtenarce of said pumps and from ar_d after the expiration of the first year underlease, and that the lessor shall pay no ground rental for the use of the above described sites during the period of this City of Edmonds to pay premiums ors said Bond. "( ,.t the e_. - of the term of this lease and the completion the payraerts ab a specified, the lessee may, at its option, purchase sw'd pumps and equipment f the sum of 100.00:, _itla iz s �d pumps w_ = equipment to remain entirely in the lessor, its successors or as�igrs, during the entire terms of this lease and until said optil_ shall have beer exercised by the lessee." 'III,. WITIESS ____—OF the parties hereto have executed this a- greement by the ' r authorized officers ar d affixed hereto their respectiv corporate seals this 27th day of December 1929. Pump Equipment Co., (SEAL) City of Edmonds, By Geo.H.Gallagher. By F.A,Fourtner,Yayor. (SEAL) Attest: Ceo.M.Leyda, Clark. Approved as to form: E.U.Lr_3er nor Asst.lctty.General. December 23,1929. Llex ;= Vierhus Atty. ":,r Edmonds December 27, 1929. eSECTIOF 2: the Layor and Clerk are hereby authorized -d directed to enterinto a Memorandum Agreement in behalf of theity of Edmor_is wi-.-_ the Pump Equipment Company providing that the ental payments provided for in the said Contract between the City of Edmonds and she Pump Equipmert Compary dated as of the 27th day of December, 1929, as hereinbefore set forth shall be derived ard paid solely from the water revenues of the :Uuricipal Tat er Supply System Ctff the City of Edmonds. SECTIOL 3: --1--: Ordirarce shall take effect andd, be in force from and after is _._sage, approval ar_d publication, as provided by law. passed by the C :.ty Council and approved by the Mayor this 4th day of 1larch, 19 Published Marc--- 7, 1930. Attest: Geo.11.y_yda, City Clerk. P.A. Fourtner, 1dayor. I hereby cert-.L';y that the above ar_d foregoing is a true and correct copy of Ordirlace lo. 427 of the City of Edmonds, Wash. Ge o. :d. Leyda, City Clerk.