The labor journal. [volume] (Everett, Wash.) 1909-1976, 1919-10-31

i HE IL
! Everett shall at any and all times
during the period of this lease have
/ the free right for the use of any
such portions of said dock as it may
require for a berth for any fire-boat
or fire. boats which il may hereafter
own or use.
:. That tho City of Everett shall
/ have the right any time on or be-
I fore five (5l years from date hereof
( TO terminate and cancel this lease
without any liability for damages in
/ So doing and thereby become the
( owner of all the improvements
I placed on said property by said les
sees or assigns by paying to said les
sees or assigns the original cost OF
| said mprovemeuts plus six Co per
! cent interest on said cost from the
date Of the completion OF the same
s That at the expiration of this
| lease. i'm ease the parties hereto do
not desire 10 renew or extend the
same The city of Everett shall take
over and become owner of all inn
provements which may have been
placed or erected on said City Dock
by the lessee or its assigns by pay
ing therefor the reasonable value
thereof at said date. In case the par
ties Itl GU NG44lAtl as vi W lltaN
shall be a reasonable value thereof,
then the sum to be considered as
said reasonable value of said i'm
pr0vements shall be determined in
the following manner: Each of the
parties hereto shall select one per
son, who shall be arbitrators on the
question of the reasonable value of
said i'm provements, whose decision
ON said question shall be final and
binding on both parties hereto. In
case those two arbitrators cannot
agree, they shall select third arhl-
TRAITOR, and the decision Of these
three or any two Of them shall he
taken and considered as the final de-
termination of said value, which de-
termination shall be binding and
conclusive on both the parties here
to.
o. Each Of the foregoing .covon-
ants to be performed on the part OF
the second party are hereby made
part Of the consideration Of the Civ
ing and granting Of this lease, and
said covenants and each Of them are
Of the essence Of this contract.
In case of violation or default of
the party of the second part in any
Of the covenants and promises here
i'm agreed by II to he made or per
formed, whether in payment of rent
or otherwise, said city OF Everett
shall have the right to declare said
lease and all rights hereunder for
feited to the said city of Everett
and ell improvements which may
have been placed or created on said
city dock by said second party or it's
assigns shall be and become the
property OF the said CITY Of Everett
as liqIidated damages sustained by
said city OF Everett for the violation
and breach of the terms of this
lease.
IN WITNESS WHEREOF, the
said party OF the first part has
caused these presents to be executed
by the Mayor and city Clerk, being
thereunto duly authorized by resolu-
ton Of its City Council and the said
party OF the second party has set his
hand and seal his day ana year first
above written.
CITY or EVERETT.
BY Newton Jones, Mayor.
O. ID. Wilson, City Clerk.
COLEMAN & FOGARTY,
Trustees.
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH.-s
II, RAMWELL, being first duly
sworn, upon his oath Opposes and
says: That he is the manager of the
the total cost of the dock and ware
houses, complete, situate upon that
certain tract of land leased by the
City OF Everett to the City Dock Co.
is the sum of thirty eight thousand
one hundred fifty-three and 25-1O0
dollsrs (S2S.153.25); that this affi-
daVit Is made to comply with sec
ton four 90 of the lease from said
City of Everett 10 said City Dock co.
This affidavit is made by this nf-
fiant on behalf of said City Dock CO.
il. RAMWEII..
Subscribed and sworn to before
me this cath day OF April, 1911.
+. e. ANDERSON.
Notary Public in and for the State
OF Washington, residing at Ever
EFT.
In the efforts made by the advo-
Gates of city ownership of the dock,
they were not given that hearty
cooperation by Mayor Merrill which
be expected of one who is "c6n-
is the only thing"
by THEIR WORKS YE SHALL
KNOW THEM"