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HomeMy WebLinkAbout05-14-1952 Regular Meeting (2)SATE OF ALABAIJA BALDT':T N COUNTY THIS MLMORANDUM OF AGREKTNT made and entered into on this the loth day of May, 1952 by and between the City of Fairhope, lessor, and the Waterworks Board of the City of Fairhope, lessee, WITATESSETH: FIRST: In consideration of the rentals provided and paid hereunder the City of Fairhope does hereby demise, lease and let to the Waterworks Board of the City of Fairhope that certain deep well and pump, together with all accessories and connections, drilled, constructed and installed by Layne Central Company under its contract with the Waterworks Board of the City of Fairhope dated November 14, 1952, and as well the pump house in .connect on therewith constructed by h% Dyson, for the full period of five years commencing May 10, 1952 and ending May 10, 1957, together with the full .right to operate and use the same in connection with the water and sewerage system owned and operated in the City of Fairhope by the said Waterworks Board. SECOND: The said Waterworks Board has this day paid to the City of Fairhope, the receipt of which is hereby acknowledged, the sum of FIVE THOUSAND (5,000.00) DOLLARS in full payment of the rental of said property for the full term hereinabove provided. THIRD: The said Waterworks Board will keep the aforesaid property in a good state of repair and will repair and replace any and all damages and destruction to the same during the period of this lease and will not commit waste, or permit waste to be committed in and about, on and to the same, and upon the expiration of this lease will return the same to the City of Fairhope in as good state of repair as the same is when completed and accepted, reasonable wear and tear @xcepted. lei h .�e 14 J 1 u This contract is not assignable in whole or in part by the Waterworks Board of the City of Fairhope without the written consent of the City of Fairhope. This contract is entered into under authorization and in compliance with a resolution of the governing bodies of the respective parties heretofore duly adopted and entered on the minutes of their respective meeting. IN WITNESS IKHEREOF, the City of Fairhope has caused these presents to be executed in its name by T. J. Klumpp,;Sr., its mayor, and attested by Marie Moore, its clerk, and the Waterworks Board of the City of Fairhope has caused these presents to be executed by R. Roy Moyers, chairman of its board of directors, and its corporate seals to be hereto affixed on this the day and year first above written. ATTEST: CI' F FAIRHOPE BY ail Cle I Mayor WATERtaO ` S RD OF THE CITY OF FAIR H BY ; 2 Chairman o the Boar of Directo s WHEREAS, it appearing that the i,%7aterworks Board of the City of Fairhope, Alabama is without the funds to pay to Layne Central Company the cost of the construction of a deep well and installation of pump and accessories in connection therewith under contract dated 14-overnber 14, 1951, and to pay to Donald :.',"ills, consulting engineer, the amount of its con- Vraot him, and is ,vithout the funds to pay to :.,'.�Dyson the cost of c,,-.)nstruction of pump house in connection :kith the said deep ,well, under contract between the 'r�atervjorks D-oard and the said Ili. Dyson heretofore entered into, and the -..'ater- wurks Board having , proposed to the City Council of t'te City of Fairhope that it transfer and assin the contract between it and the said 'Wayne Central Company, and its contract with the said Donald i-Tills, consulting engineer, and its contract with the said 11. Di/son, and as well its, right, title and interest in and t3 the said deep well, pump and pump house con- structed under the said contracts, and that the said Jaterworks Board lease the said deep we_11, pump and pump house from the City of Fairhope for a period of five years commencing May 10, 1952 and endinM 1','.ay 10, 1957, for and at the sum of 1pl'5,000-00 cash in a,ilvance, under the terms of the said lease the Water- works Board would oj�erate and maintain the said deep well, pump and pump house and keep the same in a -good state of repair �%i,d not commit, or permit waste to be committed thereon and return the well, pump and pump house in as good condition as the same is when comT.leted, reasonable tear and tear excepted, the City of Fairhope would pay the entire amounts payable thereunder by the Waterworks Board and hold the Waterworks Board free from Liahility and loss thereon and to make such lease of the said properties to the Waterworks -board under the aforesaid terri-,s and conditions; NONTHEREFORE, BE IT RTI.SOLVED that the proposal of the Waterworks board be and the same is hereby accepted and that this City UounCil for anti on behalf of the City of Fairhope .A --w— does a,.-rree to accept trarsfer, assi,7nment and conveyance from -) the -aterworks Board of its contracts with Layne Central Company, dated November 14, 1951, with Donald TUlls, consultin;�j e.n5rineer, and ,-ith 1,i. Dyson) and the City of Fairhope agrees to and does hereby assume any and all obligations on the part of the ';waterworks Board under the aforesaid contracts and agrees to pay to the -!-iid Layne Central Company, the said Donald 1'�'ills and the said 11. Dyson any and all sums owing by 't"he said '.,aterworks Board under the aforesaid contracts and does hereby agree to lease to the said �Vaterworks Board the properties covered by the said contracts for the period, under the terms and for tl,,e rentals hereinabove set out, and T. J. Klumpp, Sr., mayor of the City of Fairhope, and 1<IC'Irie 1"bore, clerk of the City of Fairhope, be and they are hereby authoAzed -,nd directed to receive such transfer and assignment al,L,-.d to execute and deliver to the ',i'aterworks Board a lease on the said properties as herein p---ovided, and to pay to the said Layne Central Company, the said Donald Mills and 1. Dyson any and all moneys owing to them under the contracts with the said 1:,'aterworks Board when and as the same shall becci,,ie due.