The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-05-03
This agreement. made this slst day of March

This agreement, made this Slst day of March
1892, witnesseth:
Whereas A disagreement exists between !
Gardner Kenyon, of the city of Seattle. Washing.
ton, of the first part and the city of Seattle mn
nicipal corporation. of the other part. regarding
to the present defective condition of the Sidewalk
and street known as Front street. in the city of Sc
attic, at the northwest corner of Madison street
and regarding certain excavations made by said
Kenyon on his lots adjoining thereto. towit: LOIS
six 80 and seven CD, in block B, of A. A Dennys
nrst addition to the city OF attic: and
Whereas Both parties hereto desire an amcabls
settlement Of said controversy:
Now. therefore. said Kenyon agrees follows
Pronided the city of seattle shall. with reasonable
diligence. proceed to strengthen the buikhead now
existing in said Front street. opposite said lots BY
driving piles on the western marg of said bulk.
head. and shall, by means of said piles, other
means, secure said bulkhead and the earth TO the
eastward thereof to prevent the cavng or
falling therSo ald so TO make the said d
said point safe and substantial. then said Kenyon
agrees that he will forthwith remove repair TO
safe condition the sidewalk now existing on the
west side of said Front street AUDITING said lots
al his own proper cost and expense and will pro
erect and complete the walls of the building now
In process of erection by him. said lots and that
as soon a, the walls Of said building erected 10
the level of Front street he will his proper
cost and expense, maintain or erect q temporary
sidewalk, of equal width and extent with the pres
ent sidewalk. In place OF that now existing which
said sidewalk shall be safe and pa sable by day
by night and shall be approved BY the street cou-
missioner of said city, and shall be kept clear for
passage at all times: ana that on or before the
time when he shall cease work on the extenot
walls of said building. and the same shall b
rooted with temporary roof. he will remove said
temporary sidewalk and with all due diligence
sidewalk. of material and construction TO be ap
proved by the sail street commissioner, in place IL
the whole length OF said sidewalk TO be TO
moved which said permanent sidewalk shall be OF
equal construction, material and durability with
the sidewalks constructed in front Of similar build
ings in the city of seattle.
And said Kenyon agrees to indemnify AMI hold
harmless the said city of seattle from all claims
actions and demands arising from any damage or
injury sustained by any person or persons, BY
reason OF any defect or deficiency or improper con-
struction of said temporary sidewalk so to b
maintained or erected or by reason of any obstruc-
ton thereon
And said Kenyon further agrees that in case be
shall neglect or refuse, with due and reasonsbls
diligence to erect and complete repair said
porary sidewalk or said permanent sidewalk {-bs,
said city having duly performed the conditioa
hereinbefore first set out. and having fully com
piled with the terms of this agreement It's partl
the said city Of Seattle may proceed to do the work
and erect or repair the sidewalk herein agreed 10
be done and erected by said Kenyon, at the cost
and expense of said Kenyon. and that he WILL upon
the completion thereof, fully pay TO said city the
cost and expense in that behalf by said city sus-
tanned.
1t is further agreed that this agreement is a full
sett ement between the parties hereto of all claims
arising from the doiugs oms sions of either
party In the premises; provided, however. that
nothing herein contained shall be construed as an
adm.sslol by either party that he or 1, is or has
been liable to the other in any sum or thing for
any of said matters.
has hereunto set his hand the day and year hrss