Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-08-08

their computation, OF allowance of any
items in their estimates Of cost other than
as expressed in said bids. the Judgment OF
John G. Spo ford, architect, thereon, af
ter notice and hearing, shall be final and
conclusive.
Eleventh. After plans and specifca-
lions shall be furnished as SO agreed. il
shall then be the duty of said company to
begin constructor hereunder as soon as
reasonably may be and to complete the
same with reasonable diligence.
Twelfth. The said company agrees to
keep full and accurate account of all
items chargeable to aggregate cost here
under and to present to said city satisfac-
tory vouchers or other proof thereof, and
the assent thereto of a majority of the
aforesaid committee, or OF their SUCCESSORS,
recorded with the city clerk, shall be for
ever binding upon the said city, In case
of a disagreement between the parties
hereto, as 10 the allowance of any item or
as to the total aggregate cost as claimed by
said company, the determination of any
and all questions hereunder shall be left
to John G. Spofford, architect, who. after
notice, shall hear the parties, and his
award in writing filed with the city clerk
conclusive.
Thirteenth. Upon the acceptance of
the foregoing plans and specifications, the
parties hereto agree that lease shall be
executed, acknowledged and delivered, in
duplicate, wherein and whereby said COM
pany shall lease to said city such building
and the land so to be purchased as afore-
said for term of 90 years. Said lease
shall provide that said city shall at its
own expense keep said building and its
equipments in good order and repair, and
that any part of its equipment requiring
renewal, repair or replacement shall be
renewed, repaired or replaced at the sole
expense Of said city. 1t shall further
provide that the said city shall constantly
keep the said building and equipment in
sured against loss by fire or lightning at
its own expense, in some company or COM
panies satisfactory to said Augusta City
Building Company, in the sum of $40, 900.
In case of total or partial loss by fire or
lightning, it shall be the duty of said
company to repair or rebuild the same I'M
der plans and specifications to be furnished
under the foregoing limitations OF this
contract, and the said city agrees that they
shall be so furnished. provided, however,
in no event shall said company BE- required
to so expend any sum of money in excess
of the insurance by it actually received
and the plans and specifications SO to be
furnished therefor shall be limited to said
sum. Should said company receive any
such insurance and after completing the
repairs or renewals SO required by said
city leave balance thereof unexpcnded,
no to thprntnfnrn VI he.
tween the parties, shall be reduced accord
ingly. Said lease shall further provide
that as part of the rent hereunder all
taxes, assessments OF every kind imposed
or assessed by the State of Maine, county
of kennebec, city of Augusta or any school
district therein, or any governmental or
municipal authority whatever, against
said company, upon Its franchise, income
OF property or upon the stock of said com
pany, howsoever and by whomsoever
levid, assessed or to be collected, and also
all fees required Of said company by any
law to be hereinafter paid shall be paid by
said city in part payment of and as por
ton OF Its annual rental hereunder. Said
lease shall further provide that the said
city shall also pay by way OF further rent
therefor an annual rental equal to per
centum upon the aforesaid aggregate cost
of said building and said land said rental
to be payable annually and to begin when
said building shall be ready for occupancy,
as required by said plans and specifca-
lions. 1t shall further provide therein
that said city shall have the right at all
times to sublet any part of the premises
and the option to purchase from said com
pany at any time after 10 years from the
date OF such lease said company's land
and buildings at their aggregate cost. so
to be heretofore agreed as aforesaid, upon |
annual payments of $4,000 until said ag
gregate cost shall have been fully paid, |
when the said company shall execute, |
and deliver to the said city !
a good and sufficient deed of the promises. |
Said lease shall further provide that after
one or more partial payments shall be SO
made the annual rental of per centum
shall BE- reduced pro rata, and so on as
such payments are made
Fourteenth, In case of injury to or
destruction of said building, in whole or
in part, or of its equipment, in whole or
in part, by casualty other than by fire or
lightning, and whore such total or partial
loss is not reimbursed to said company by
Of the said city to rebuild, replace, renew
and repair such injury or destruction, and
such casualty or casualties shall not post
pone, interrupt or suspend the payment of
the rentals hercinbcforc agreed In case
said company receives any reimbursement
by insurance or otherwise for any such
loss, the moneys by it so to be received
shall be set apart appropriated and cx-
pended in the same manner as hereinbe-
fore provided in case of moneys received
as insurance against fire or lightning
Fifteenth. The said city further agrees
that it will provide by an ordinance that
the city treasurer of the said city may act
as treasurer of the said company, when
ever said company shall elect the then in
cumbcnt of such municipal office to such
office in said company, and in that case
the labor to be performed by such treas
urer for said company shall be at the sole
expense of said city and without charge to
said company.
Sixteenth. In case of any disagreement
hereunder, of any kind or arising in any
upon application of either party
to the chief justice of the supreme judicial
court of Maine, after ncticc to the adverse