Edmund D. Piedmont - Agreement
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AGREEMENT
THIS AGREEMENT made and entered into in duplicate this 1st
day of
May
, 1939, by and between EDMUND H. PIEDEMONT, here-
inafter called party of the first part, and the CITY OF GILROY,
a Municipal Corporation, hereinafter called the party of the
second part.
WITNESSETH:
WHEREAS, the City of Gilroy is a municipal corporation,
organized and existing under and pursuant to the laws of the State
of California, and as such municipal corporation, did pass and
adopt certain Ordinances, No. 428, 429 and 430, relating to offal,
refuse, garbage and debris disposal, which Ordinances are hereby
referred to and made a part hereof, the same as if fully set forth
herein at length and acknowledged by each of the parties hereto
to be valid Ordinances of said city, and
WHEREAS, pursuant to the ter.ms of said Ordinances and each
of them, the City of Gilroy invited bids for garbage and refuse
disposal pursuant to the terms of a notice advertised in the Gilroy
Evening Dispatch, a newspaper published at Gilroy, California, and
which notice is hereby referred to and by reference made a part
hereof, the srome as if fully set forth herein at length, and,
WHEREAS, pursuant to the terms and conditions of said Ord-
inances and said notice, the first party did offer and propose to
pay the City of Gilroy the sum of One Hundred Thirty-five and no/lOO
($135.00) Dollars each month for the franchise or privilege of
collecting and disposing of garbage in said City for a period
of five (5) years, payable in sixty equal monthly installments
all pursuant to the terms of said Ordinances and said invitation
for bids, said offer being in writing and duly filed with the
Clerk of said City, and which offer was duly opened by the
Common Council of the City of Gilroy on Monday, the 17th day of
April, 1939, which offer is made a part hereof by reference, the
same as if fully set forth at length herein, and
WHEREAS, said City of Gilroy did accept said offer of One
Hundred Thirty-five and nO/100 ($135.00) Dollars a month for a
period of five years to be payable in sixty equal monthly install-
ments, a total to be paid under the terms of said Ordinances,
notice and offer of the sum of Eight Thousand One Hundred and nO/100
($8,100.00) Dollars, and,
VlliEREAS, said Ordinances, invitation and offer contemplated
that a written agreement be entered into pursuant to the terms of
all of said instruments so made a part hereof, now, therefore,
IN CONSIDERATION OF THE PREMISES, IT IS MUTUALLY AGREED
BETVv'EEN THE PARTIES HERETO, AS FOLLOWS:
The First Party agrees:
1. That he will well and truly collect the offal, refuse,
garbage, and debris within the City of Gilroy and dispose of the
same pursuant to the terms of said Ordinances, said invitation and
offer according to the true intent and meaning thereof, and solely
and only under and pursuant to the provisions thereof.
2. That he will well and truly pay the sum of One Hundred
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Thirty-five and nO/100 ($135.00) Dollars each month to the City
of Gilroy for the franchise or privilege of the collection and
disposal of said garbage, etc. within said city for a period of
five (5) years from the date hereof, the total sum payable shall
be the sum of Eight Thousand One Hundred and nO/100 ($8,100.00)
Dollars, and shall be payable at the office of the City Clerk in
the said City of Gilroy, California in sixty equal monthly in-
stallments.
3. First party further agrees to further do and perform each,
every one and all of the terms and conditions on his part to be
kept and performed, pursuant to the terms of said Ordinances and
in the manner and time so set forth in said Ordinances.
4. Said first party further agrees to furnish said City
of Gilroy, a Surety Bond at his expense in the principal sum of
Two Thousand Five Hundred and nO/lOa ($2,500.00) Dollars, said
Sur ety Bond to be condi tioned for the fS.i thful performance of
all the terms, covenants and conditions of this agnBment herein
contained, said bond to be payable to the City of Gilroy.
The second party agrees:
1. That upon the execution of this agreement and the furn-
ishing of the aforesaid bond by said first party, that said first
party may exercise all the privileges and rights conferred by
said Ordinances and this agreement, pursuant to the terms thereof,
for a period of five (5) years from the date hereof, subject to
the faithful performance of all the terms, covenants and conditions
so to be kept and performed by first party within the true intent
and meaning hereof.
It is mutually agreed that no agreements or understandings
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regarding the subject-matter of this contract other than those
expressed herein shall be deemed to exist or to bind either of
the parties hereto.
It is further mutually agreed and understood that the terms
of this agreement and franchise shall begin as of May 1st, 1939
and end as of April 30th, 1944, without notice from one party to
the other.
It is further mutually agreed that all of said Ordinances, said
invitation and offer and this agreement, shall be construed as
one instrument, and the right of the first party to said privilege
or franchise so herein granted, shall at all times be subject to
the faithful performance on his part of the terms, covenants,
and conditions hereof.
VITTNESS the hands of the parties hereto the day and year
first above written.
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CITY OF GILROY, a Municipal Corp.
By
By
Second
~est:
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City C erk
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SUPPLEMENTARY AND EXTENSION AGREE]\'IENT
This supplementary and extension agreement made and entered
into, in duplicate, this 4th day of December, 1944, by and between
EDMlmn H.PIEDMONT, Hereinafter called the party of the first part,
and the CITY OF GILROY, a Municipal Corporation, hereinafter called
the party of the second part.
WITNESSETH:
Whereas, on the first day of May, 1939, the parties hereto
made and entered into an agreement, a copy of which is hereto at-
tached and made a part hereof by reference.
And, whereas, said parties have mutually agreed to extend
said agreement as hereinafter set forth and to modify certain terms
thereof;
Now, therefore, it is mutually agreed that the said agreement
so dated May 1,1939, be and the same is hereby extended for a period
of five years, beginning November 13,1944 and ending riovember 12th,
1949, and all of the terms, covenants, and conditions thereof shall
be and remain in full force and effect for said term, save and ex-
cept as now modified hereinafter, to wit:
1. The first party shall pay to the second party the sum of
One Hundred Fifteen ($115.00) Dollars each month for the franchise
or privilege of collecting and disposing of garbage in said City for
the said extension period of five years, payable in sixty equal
monthly installments.
2. The party of the second part shall pay to the party of
the first part, monthly, in sixty equal installments the sum of
Forty Dollars ($40.00) to collect the garbage of the second party,
and maintain the city dUlnp grounds.
3. The first party shall pay the second party from April
30,1944 to November 1,1944, the same amounts or Sl~S that would
have been due and payable under the original agreement between
the same partj.es hereto, so dated May 1st, 1939, the same as if
said original agreement had remained in effect from its expiration
date, April 30th,1944, to said November 13th,1944, and such pay-
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ments shall be the condltion precedent to this agreement having
force and effect.
4. It is nlutually agreed that the Surety Bond mentioned on
Page 3, Section 4 of said original agreement be and the same is
hereby dispensed with.
WITNESS the hands of the Parties hereto the day and year
first above written.
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Firs Party .
GILROY, a
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Mayor
By
py.-/ G.CA...~
Second Parties City Clerk
Attest:
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City.' Cle~
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to
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party,1s alao the o\mer of 0. S L}irlloz,.lOI'l'tnlTY anll
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dated l.'ocon;,;Cl' 11"lt44, l~olntin; to '\.;i;\,: ~m.r:lC s Lltjoct 1:~)' ttar \,;lt1'
said City ot ,ilr~y, and
1.ilK;reos f\nthon::,' :::. tlb1no, ~Tfl.rl00 f.' ,~11)~.no and tJesse A.
Hubino, eo-p:n."tnt,r8, hero 1l1fl f tor oalled !;i:~Q socond partiel, a:pe
desirous of pln"chasinc tho ri[~lts of said "dnund .Piedmont in o.nd
to 8a1,Q H(;rOor.1oota, and tho whole th,oreof, now, tharoj'ore, 3. t is
agreed:
1. t f1,rst party he!'ebl sells to second pCtrt1os, and
seoond pn1"t1ea hereby buy, all the 1nter()st of t;ha saS.a fi rat pnrty
in and to aaid u;recl"WntstoL:ehhor v;1 th ull t
:t'1 ht, title nnd
lnt;orest ()~ suid .f1:r'f~t party t::,ercln Gnd toc;ot::lor
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tr'l.lCk used by first p"'-\rt~:.,.' :11'1 eorHJ,cct~i on
th sa5i1 ,;nrruge cd.sposnl
business nn,; '1s richts
ell
enLJ 11':reOL!Emts.
i';. tot!!l .purcl.e,so price shall bo "ii/ol VEl 2h.ousand
(~'!-12,OOO.OO) i;()llure, payal)le jlft~'t live und:t'ed ( 5,600.0(J) fol1Hrs
upon the OJ<:cct;,tion hOX-001', recolpt thoreof Le'.n,;; nclrrlowlede;oo b;1
f'1rst purty.
T'l';€) bnll1nce shull ::'e pnyuJOJlo at .:Ihrec
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i:'oll9,rs pOl'" r~ont;h" t,
:f1:r>Bt pn.~;1:~ont to bo l:i1ade e:)tcnbm' 10 ,lP4(} J'
and mon{jj:'i.ly th<H'cafi;er l.tnUl tbo cnt1.I'O 'balance and t~(;e 1,nternst
thereof (5 11 have been puld in full. Tntor'ost on {jocreas1nc;
balanceD s'ht:'ill
at the rato of fivo ([J) percont Pf}!" armlJln and
included :'n L
1nstiiillment po.yI.lf.mts. All pn;Y'lclont8 shall 'be
applied f11'St as t;o ~ntcr()(.lt tin(i tlH1rl us to p:r1nc,1po.l.
3. eccond p<.:n:.t1oe ac;roe to COll}')l:;? with 011 federal,
state (in(; !'x;"U1~~c5.,p[l.l luws u;.!'pl1m:l.blo to Gonfluct;1ni~ a ;;;ul'ba.,=e disposal
business ut.;
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land f;;hul1 at nl1 1;1J'^tCS koop Hnd
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ma1.ntn',n sa1( 1',u~~.m.'HHJ in '00'; OpEi!"ltd~
1,:i;~,Cl1 ff{'1." l~(~(:I" Sti:l(]
garbn,ge di~posHl tr't:.ck :,11
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a8Blt~t~'1:1,a nt:reOrj()llt in ~tl;'"iOlo or 1fl ~)flj:>t
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sent Of 1~1H.) fh'st; party an,d ~.n n t; ';0'
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wholly ~Joi(~
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4. fH:;comJ pn:pt1os :ftdl :;0
vilhan
stallm(mtajtho fHaI'm sall ;;'Gv('irnl
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01' second pfl.~?t1os to operate (ill:!';
iness h1 n p!'Opn:r'r;J1111!'l,or,. or
to keep said ~;al')bace truck in l'E1pa1r, or.
<'1"1 th1.fl UL;rem:lOnt
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a.s1t~ned or t rnnafcl"oo in whole or tin;; pnl:'t thereof',
enlci necond
partie.,uhan nne] in clthcl' said event. at tho option o:f' fIrst; pnrt:y
this r.:reerH.mi,; I:'ll,t'lll be at an end nnd fb"st pl1l"t] eay take ;lOoE:lesa:1cm
of the said bus'7neas and cnr'btlr;e truck \'i1.tlH'.mt; any pr'oeess of Inw,
and all pnjrmente \lh~ch bave beerl rim.('le b:l tr;o second pUl't1os sholl 1,e
retained b~! first pm.ty for tho usc tan; rental of said Pl"OpGZ.t;:r and
ae Q con::1 Gl'ution ,f'or PO:"Llitin: socond part~.c:!l ~.;o enter irlto LL~.s
Agreement.
5. rrl)On pnj!"lent in it;ll 0:' soc!}nd partios to f1.rat party
and the performanco or all f,ho terr18 nne] condl tlons hel'eot', said
second pnr't1of.'l sb!:;111 La the absolute ovme!". of said
:tnOS8 QY'..d
said €!,al'bn:o t;l'uck Qnd tbis instrument sh~l11
considered a bill of
8..1e. whon so puh1 in full, to {;!'if,) mlS.G 1,uslnoas uncI truck.
G. It is also UndE))"stiood (;.nd &r:;reed between the po.rt1os
hereto that t!d.a r ale Ar;rem:loflt conterJpla.tos the .,;000 v3111 of the
sald gar'uu,;o 1.119p089.1 bU81n,ooa all I:1cnt1m:"l() o.nd describe,' in t,he
said ngrcm:ent /:\,11:) tho extm:.D ion t;bn"oof.
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secon( pnrtics further l:lc;ree that the;," have seen laid
'gremnent; anI:'
supplerlentul nnd (!;}:tons1.on
,1"()e~l0nt there to aLovo
mentioned and 1:110W tIlt:! contonts t;h.61"'eof a.nd they jointly
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agree to st.rietly comply- '11th tIl0 toms of the ss1cl J\i';reomonts to be
kept and
r:Corr1ed by j':1:r'st party unt: make th(,; payments due to t!:1e
sald eit:;,' oJ' :llroy as Pl"ov~,ded there$n" 1. t bein. ut'derstood that
first pnrt:r hns ke;pt tho paS't1E'.mta to tho snit: c1 ty O~ :11roy ourrent.
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the M.rhtn of said first
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lnvest1,",c,t5011 of 1; h) sa.id
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fi. ;~ecm'):l psr.tioG
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truly,
all times, :ra~. thi'n.lly
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conditions of t1l0 .101'!';1\'::1' i~0jl~Cel'lent. bOtwOotl Gaic{ .t~.l'st pf.l.1..t~r cU'ld
said Cl ty Q,f i.Jilroyto t;h.e l:H1I10 l'orceClrlC' e.:fteot hud they, the
second partiol, e,cecuted 8a1{~ ,,!'oeI::1l.'mttl :i.tl tl:c first inetE1t1CEHh
Witness oU!' hands saals this ~ y~ day of J"uly,lf)4G.
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