HomeMy WebLinkAboutBF170029-001MErI ANDA OF �T AGR 'j�TT , Made and concluded this
day of- 1908, by and between the
WATSON- JOT?LS COIAPANY, corporation created and existing
under the laws of the State of New York, and hereinafter
called the "compeaiy" , andG,LFE BRAI;.r+,RD, of the town of
Newfield, County of Tompkins, State of New York, hereinafter
called the second party.
s,'P '��,AS, the company is doi�� a general store or
nnerc.a_-zdise business at tl-ie said toarr, of Newfield, which
business is being, con('ucted by the second party as employee
of the conpaiiy, in the store or building known as the
Watson -.'ones Company's store, situate on'' Street,
in the town of Newfield and owned by-_p,. 6P, S.. a
AIM WHElES, the second party is desirous of
eventually buyin:T the stocl- of goods in said store and the
business connected therewith, including the furniture and
fixtures used in and about said store, at the price or sum
of Three Thousand Nine Hundred and. SezTenteen Dollars.
NOW 0 TI�J, u v , _, CODS In_:� TIC , of the premises
and in the further considefation of the sum. of One Dollar
lawful money of the United States each to the other paid,
the receipt of which is hereby aclmowled.F.ed, it is I.er^by
mutually and severally c_ovenAnted and agreed by and betwet�rt
t ie company and the second. part-,r as follc_�*s :
1. That the second party, from and after the
first alay of June, 1908,. .Ball be the-enera'_
said store and business, as the agent of the company, for
the follo,Anf-- purposes hereinafter stated and upon the
f. ollo,!rzn t eras ai-d conCc itiors.
2. The seccrd party shall manage and conduct
said store business on the lines the same is now conducted,
but under the direction of the company, or its president and
treasurer, or a duly authorized representative of the com-
pany. All of the goods purchased for said store slaall be
paid for in cash when purchased, except goods clay be pur-
chased on time if so determined by the company, or by its
president or treasurer, but no goods shall be purchased. by
the second party on time kinless the proposed purchase shall
be first submitted to one of said officers of the company,
and his consent thereto first given in writing, and at no
one time shall the second party purchase a single bill of
goods for said store amounting to more than Two Hundred
Dollars, unless the consent of said officers of the company
shall first be had in writinF.
No dents other than for the purchase of goods
for said store as aforesaid shall be created by the second
party, except by the written consent of one of the officers
of said company first had in writing.
3. The second party shall keep at all times, and
up to date, full and accurate books of account of all trans-
actions in said business, and keep said books posted up to
date, which books of account shall at all times be open to
the inspection of either of said officers of the company, or
their duly authorized representative, and so often as re-
quired the second party shall furnish to the company, or to
its officers, a full detailed statement of the business, and
shall at any time when so requested furnish an. true and correct
b al one e s: e et of said business, showing its actual condition,
assets and liabilities.
4. The second party shall sell goods, as near as
may be, for cash down, and when credit is given to custone rs
the utmost care shall be taken to give credit only to re-
sponsible parties. No accounts shall be allowed to run a
great len-th of tire, but shall be as promptly collected as
passible.
5. If, in the opinion of the second party, it
is for the interest of the business to increase the stock
carried in said store to much extent , a desire to do so
shall be first submitted to the company, or to its said
officers, and their consent first obtained in writing for
that purpose.
6. If at any time during the continuance of this
agreement, the company or its officers shall be of the opinion
that said business is not being properly conducted, as
herein provided, or the second party shall neglect or fail
to do all and every the things herein provided for hira to
do in and about said business, or if the business shall at
any time prove unprof it able, the company, by one of its said
o'r is ers , shall give to the second party notice 0f t1ie f act
in writing, cailin;Y ;pie secont-1 party's attention ;oa.rticulariy
to the matter not being properTy done by the secord party,
end, unless the same be remedied, and. corrected by the second
party within ten days after such written notice, the fl zst
party shah have the right without further notice to take
possession of said goods and business exclusive of the second
party and this agreement shall be at an end, except as to
any liability the second party may have incurred by reason
of nonfulfillment of this aZreement on his part.
7. It is hereby further agreed that, as part of
the expense of conducting said business, the second party
shall pay to the company the su ii of not less than Ten Dollars
each and every week by check to the company, cormnencin.g on
the eighth day of June, 1908, and make such payment on the
.first Monday of each week thereafter for the previous week,
80 It is further agreed that the net profits
arising from said business, after all the necessary expenses
are paid including said Ten Dollars a, wee'l, shall go to and.
belong to the second party, to be for his services, and any
failure on the part of the second party to promptly pay said
Ten Dollars each and ever; wee . as aforesaid, this a-L-reerient
shall ter"iinat- e, be st an end, and of no further force or
effect, except the second party, his heirs, executors and
administrators shall be liable for any damages caused the
gompany, its successors or assigns, by reason of any
violation of this agreement by the second party.
9. The company, in consideration of this agree-
ment, hereby further covenants and agrees that if the second
party fulfills all and every of the conditions herein for
hire to do and perform, and pay not less than Ten Dollars each
and every week, as herein provided, when said weekly pay-
ments shall amount to said sum of Three Thousand Nine Hundred
and Seventeen Dollars, provided interest shall have been
paid by the second party semi-annually on the first days of
December and June in each year, at the rate of Six Per Cent.
per annum, it will make, execute and deliver to the second
party a bill of sale of all the goods, merchandise, fixtures,
etc. belonging to said business then owned by the company,
and the good will of said company, vesting the right and
title to the same in the second party, his heirs and assigns.
10. The second party hereby covenants ard agrees
not to sell any of said goods and merchandise except in the
regular course of the retail business of said store, and will
not sell or assign his interest, or any part of his interest
in this agreement, except the written consent of the company
is first obtained.
11. It is mutually agreed that the stock of goods
in said store, and said furniture and fixtures therein and
belonging thereto, shall at all tines during; the continuance
of this agreement be kept insured ir,. some good solvent joint
stock fire insurance company or companies, duly authorized
to do business in the State of New York, to the amount that
said goods and property are insurable; the policy or policies
to be issued to the Watson -Jones Company, owners of said
property, and that all premiums for suc,'L insurance shall be
paid by the second party as and when the same shall be due
and payable.. If required, the second party shall furnish
to said insurance company or companies a copy of this agree-
ment.
12. It is understood and agreed by the company, that
the second party may at any time during the continuance of
this agreement pay the said. Three Thousand Trine Hundred and
Seventeen Dollars, with interest as aforesaid, or the balance
then unpaid with interest as aforesaid, and upon such pay-
ment the company will execute such assurances in law as will
vest in the second party his heirs, executors, adzAnistrators
and assigns the title to all of the goods and merchandise
in said store and the fixtures thereof belonging to the
company*
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13. It is mutually and specifically understood
and agreed by and between the parties hereto that the sole
and absolute title to the said property, goods, furniture,
fixtures, etc. is in the said Watson -Jones Company, and said
title shall be and shall remain in the said Watson -Jones
Company, the conditional vendor, until all the agreeanents
and conditions therein are -fulfilled and completed by the said
Lee Brainerd, conditional vendee, and until the entire price
named herein be paid to the company.
14. This agreement is executed in quadruple, one
to be retained by the said Watson -Jones Company; one to be
delivered to the saicWLee Brainerd; one to be filed in the
Town Clerk's office of the said town of Newfield, and one to
15. SUBJECT AS AFOIREPSAID, this agreement shall be
binding upon the successors and assigns of the first party,
and upon the heirs, executors, administrators and assigns
of the second party.
IN VIITIE-SS W=A1�OF The Watson -Jones Company has
caused these presents to be duly executed by its proper
officers and its corporate seal to be hereto affixed, and
the second party has hereunto set his hand and seal the day
and year first above written.
THE; YVAT SON- JOTr.LS COD2At?1.
MA
President.
ATTEST:2�E�
S ec re ary
Signed and sealed
in our presence
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TiiciN r)' I.THACA
PLANNING BOARD MINUTES
MARCH 3, 1966
A meeting of the Town of Ithaca Planning Board was held at the Town
Offices, 108 East Green Street, City of ]Ithaca, at 7:40 P.M. on
Thursday, March 31 1966.
Members of the Board present were: Chairman Desch, r sunk Liguori g
Elmer Phillips, Richard perry. Walter Wiggins, Robert J. Wells and
Secretary Cheryl Ben.ina ti
Also present were: Harry Hamilton, Esq. cnd I.Jagr nd Chase
The minutes of the Pabruary 8, 1966 Tee; incl Grp aPp1,0%1r— a c,s read:
SCHOENFELD PRGPERTY - WILLIAMSBURG EAST - LAPR ND CHA,7
Mr. Hamilton presented a survey of ,a po_`lo�s of the °>chae.nff�,ld
Property - Williamsburg East to the Board. He poirte; cur, -c410 lot-
in this subdivsion which are very Large and could en^ily be made
three lots. Mr. Chase stated that before he spent an,., money on i:� nest.
survey showing the three lotsg he wantcd assur ;ance ;-;iat the Board
would give preliminary approval for same., '_t Gwas r, -O- i zled Out that
the water and sewage facilities are already is
Upon motion by Mr. :,iigginsq seconded by Mtr Plhill.i.ps, and approved by
unanimous vote, it was moved that Mr; Chase be given prelindinary
approval for converting these tuo lets it.i:o three lots.
COMPTON SUBDIVISION
The Board reviewed the preliminary subdivision plan, "Property of Rc�y
Compton, George Compton, James Lacy" dated July 1.9, 1965, pre -oared by
T.G. Miller. The Board has asked the developer to point out the
various rights of way on the preliminary map before the Beard grant:
approval of same. The main problem with the proposed lay --out of the
lots is the high tension line running through,the subdivision - houses
cannot be built on a right of way under a high tension lire. tiro Perry
suggested that the Board, in order to protect proppective buyers,
require the developer to specify on the map those lets affected by
the high tension line. It was also pointed out that if the developer
were to.study the problem more, he could actually get more for his
money and, therefore, protect the buyers of the lots in the subdivision.
It'was also pointed out that before this plan can be accepted by the
Board, the lots have to be numbAred.
Mr. Wells reported to the Board that he has suggested to Tam Miller
that the roads and lots be re -plotted so the developer would not be
affected by the high tension line. There are five main lots under
the line as now shown on the plan. There are also twelve road crossings
under the high tension line shown on the map as submitted.
It was moved by Mr. Wiggins, seconded by Mr. Phillips, and carried by
unanimous vote that Mr. Wells write a letter to Tom Miller stating
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CHANGE OF NAl"IL OF DR—EW _+BOAD
The reside 11-s and owners of property along Drew Road once
more requested a change in the risme of tl2e;ir road. Councilman
McElwee offered the following resolution and moved its adoption:
FESOLUD that the nerve of Drew Road be changed to Longview
Da ve
Seconded by Coancilmon Baker
Ayes - Kerr, Baker and McElwee
Noes - 0 Carried.
SCHOENFFLD PROPF RTY - REqUUF_ST FOR CHANGE IN LOTS j
A request from Attorney,He rry Hamilton ssked for the Board's I
consider<tion of changing two large lots in the Schoenfeld Develop-
ment (Willismaburg East) to three lots. The Torn Planning Board
gave their approval of the change at their March arc] meeting and
forwarded the map and their recommendation to the Town Board.
Councilman McElwee offered the following resolution and moved
Its adoption:
RFSOTVFD thpt Mr. Tarrsnd Chase be given approval of charging �
Lots 25 and 26 in the Williamsburg East subp-divislon to Lots 25, ;
26A,A 26B as shown on the map prepared 4/6/66 by Carl Crandall. j
Seconded by Councilman Baker '
Ayes - Baker, McElwee and Kerr i
Noes - 0 Carried
ACQUISITION OF. PROPFRTY FOR ROUTE 96B
The Town Board took no action on the State Dep"t. of Public
Works request to acquire property owned by the town (Schickel devel-
opment).
CORRESPONDENCE
A letter from Mr. Robert Sweet of 1403 Slaterville Road indicated
his concern over possible assessment of back land owned by him in
regards to the new Slaterville Road area sewer district. The Boerd
felt certain that this parcel of land was one of those indicated by
the the Lozier firm as one of those parcels to be assessed at only
A1.00 per year.
A letter from Carl Crandall, President of the East Lawn
;Cemetery Association requested the connection to the sewer now
being constructed along Mitchell St. to the building at 934 Mitchells
Street. Supervisor Kerr stated that he had notified Engineer
William O'Boyle to arrange for such a connection and had notified.
Mr. Crandall that the request would be granted.
A letter from Lean Helen CsAoyer notified the Board that the
Texas Lane area of the town is now obtaining only 4 television
channels.
TBUMANSBURG ROAD WATER DISTRICT
The Board authorized Supervisor Kerr to sign an agreement
with the County for ;,he acquisition of the Trumansburg Rd. Water
District tax. The Board felt that to guarantee the water level
in the tank is impossible, however, and felt that requisite should
not be included in any agreement.
X1V 11
DOROTAY' KAESLIN
Dated: July 11, 1940.
JOHN D. O'LOUGHLIN
ATTORNEY AND COUNSELOR AT LAW
UNION TRUST CO. BLDG.
ENDICOTT, N. Y.
The Tuttle Law Print, Publishers, Rutland, Vt.
U
THIS AGREEMENT, bade this llth day of July, 1940* by and
between WILMER XXTCHM of the Village of Endicott, Broome County,
New York, party of the first part, and DOROTHY FAESLIN of the City
of Binghamton, Broome County, Hew York, party of the second part,
in manner following:
Purposes: Said parties hereby agree to Form and hereby do
form a copartnership for the purpose of carrying on a general hair-
dressing and beauty parlor business, on the following terms and con-
ditions, to the faithful performance of which they mutually engage
and bind themselves.
NAME: The name and style of the said copartnership shall
be "Ace Beauty galon," and such copartnership shall commence on the
day and date hereof and shall continue Indefinitely at the will, of
the parties hereto.
CAPITAL: Each of the parties agrees to contribute one-half
of the necessary cost to equip and to operate said business and such
additional funds as fvom time to time the demands of the business
shall require the same. In the event that one of such partners con-
tributes more than his prorata share such other partner shall not
participate in profits until such deficiency shall have been paid
to such other partner in full,
SIMVYCESs Bach partner and/or the spouse of either partner
performing services shall receive 40% commission upon all work per-
formed individually by such person in addition to the distribution of
profits as provided herein,
PROFITS AND l.OBSBS: All profits which may accrue to said
copartnership shall be divided and all losses happening to said co-
partnership, whether from bad debts, depreciation of goods, or any
other cause or accident, and all expenses of the business shall be
borne by the partners equally and the profits shall be divided from
time to time as the business shall warrant and the oopartnere shall
agree and/or in any event not lees than once in each calendar year,
BOOKS OF AOtOUNTz All purahasee, sales, transactions
and accounts of said firm shall be accurately kept in regular
Y
books which shall always be open to the inspection of both par --
ties and their legal representatives respectively and that said
books shall be audited once in each year, the 4xpense of which
shall be borne by said co -partnership, unless by agreement of
said partners the audit shall be omitted.
CIEOM0 ACCOUNT: The funds of the copartnership shall be
deposited in a banking institution at Ithaca, New York, or such
other banking institution as may be agreed upon by the partners
and such funds shall be deposited daily in the name of the co-
partnership and shall be drawn by cheek to be signed by both of
said partners and all debts and obligations of the copartnership
shall be paid by check signed by both of said partners except,
however, petty expense items.
NEW PARTNEM No new partner or partners may be admitted
to the firm except upon the written consent of all partners and
the agreement of the new partner or partners to be bound by this
agreement.
UNBTS OWING TO PARTNERSHIP: No debt belonging to the
partnership shall be released, discharged or compounded except
on the consent of the other partner.
LIMITATION ON PARTNER e 5 RIGHT TO CONTRACT: No partner
will, without the written consent of the other partner, enter into
any contract, obligation or engagement upon behalf of the firm
in excess of $10.00 nor shall any partner without such consent
order or contract for goods, supplies or equipment in behalf of
said copartnership in a sum not exceeding $10.00, and that all
contracts and such obligations shall be in Writing and signed by
both of such partners; nor shall any such partner without such a
written consent enter into any contract or give credit, sign, make,
draw, accept or endorse any bill of exchange, promissory note or
Instrument on account of the partnership or other engagement for
the payment of money, or guarantee any debt or account In behalf
of the partnership, or pledge credit of the partnership in any
manner whatsoever, except in the course of the partnership business
and only upon the written consent of each of said partners.
EXPENSES OF BUSINESS: All fixed charges, rent, insurance
premiums, expenses for repairs or alterations to the building and
equipment, :salary, wages and all other expenses of the partnership
business shall be paid out of the receipts of the business and
in the event that such receipts are insufficient to pay such ex-
penses the partners shall furnish such sums as are necessary to
make up such deficiency in the same proportions as they shall
share in the profits of the business.
EXPENSE ACCOUNT OF PARTN'ERSt Each partner shall be en --
titled to an expense account for his asctual, reasonable and necess-
ary exponsses 3n the course of the partnership business. Each part-
ner shall keep an itemized account of such expenses to be rendered
weekly and filed in the office of the partnership.
DRAWING ACCOUNT OF PARTNERSs Neither of said partners shall
have s drawing account against the funds of said partnership and
that the profits therefrom shall be divided equally, as provided
herein.
SURNMRIPs No partner without the written consent of all
the partners- shall become a party to any contract, or guaranty or
suretyship, or enter into any bond, or become security or bail
for any person, firm or corporation.
DISSOLUTION: If either party to this agreement shall at
any time desire to dissolve such partnership, or to sell his in-
terest in and to the s$ame, such party :shall give notice in writing
to the other party hereto of his intention, :stating in :said notice
the sum of money Which he is willing to give for the other partyLss
undivided interest in :said business and that he is willing to
accept the same cum for his undivided interest in said business
if the other party so elect. The party receiving such notice
:shall, within ten days from the date thereof, either sell his in-
terest or purchase the interest of the other party at the :suns
specified in said notice, and :shall notify the party giving such
noticq of his election to bug such paarty's interest or to :sell
his own, according to the aforesaid option. In case of the failure
of the party to whom said notice is given to mare his election in
writing in ten days after the service of such notice, then the party
giving such notice may elect whether he will sell his interest or
purchase that of the partner upon the terms contained in said notice
or option given to him. When a determination has been made as
above provided the party selling shall convey his interest to the
partner purchasing,upon the payment of said purchase price, and shall
thereupon retire from the copartnership; no action for a dissolution
or a termination of said partnership shall be commenced by either
party against the other until they provisions pertaining to a dis-
solution or determination as herein provided shall have been com-
plied with. The partner electing to sell such interest agrees with
such other partner that in the event of the sale of his interest in
said copartnership to such other partner that he, the seller, will
not either directly or indirectly, either as owner, agent, servant
or employee engage in any business of similar nature within the
City of Ithaca, R. Y. for a period of at least two (2) years after
the transfer of his interest in the partnership to such other
partner.
LEGAL PRQCRBDINGS t In the event of either party failing
to comply with the foregoing provisions of this agreement, the,
entire cost and expense of any proceedings to dissolve such co-
partnership or for an accounting, or both, shall be borne by the
party failing to keep the terms of this agreement as above pro-
vided„ No action at law or in equity shall be maintained by
either party to this agreement for the dissolution of said co-
partnership or for an accounting between said copeartnere under
any contingency whatsoever until the party desiring to maintain
such action shall first give the notice in writing above mentioned
to buy or sell, and the other party shall have thirty days in
which to sleet whether to buy or sell a$ above specified.
DFATH OF PARTNER: It is further agreed that upon the
death of either of said partners the survivor of them does, hereby
agree to purchase from the estate of the deceased partner the
interest of such deceased partner at the time of such decease
the net income of which shall be fixed and ascertained as herein-
after provided;
1. upon the death of either of said partners all boobs of
account, records etc. shall be closed as of the date of death and
within ten (10) days thereafter an inventory of mill merchandise
stock shall be made and the value fixed thereon; the fixtures and
other equipment shall be appraised at the value as carried upon
the books of said copartnership; no value or appraisement shall
be made upon the business name or the good will of such business.
2. Upon completing said inventory the net worth of said
copartnership shall be ascertained and the interest of the deceased
partner shall thereupon be adjusted according to the interest of
such deceased partner.
3. The deceased partner does hereby agree for himself.,
his heirs, executore, administrators and distributes that he
will sell to the surviving partner his interest for the amount as
fixed by such inventory as hereinbefore provided and the surviving
partner does hereby agree to purchase From the estate of said de-
ceased partner the interest of such deceased partner at said amount
to be payable as hereinafter provided.
4. The surviving partner does hereby agree to make, exe-.
outs, utter and deliver to the executor or administrator of the
estate of such deceased partner and within thirty (30) days after
due proof of notice of the appointment of such executor or adminis-
trator, his promissory note and/or notes or other obligations pay-
able to the execrator or administrator of the estate of such deceased
partner and payable within a ;period of not more than one (1) year
from the date thereof. Notice of the appointment of such executor
or administrator of the estate of such deceased partner may be
served personally upon such surviving partner or may be mailed
by registered mail to the last known address of such surviving
partner.
5. It is further agreed that any and all notes or other
obligations made, executed, uttered and delivered by the surviving
partner to the executor or administrator of the estate of the de-
ceased partner shall bear interest at the rate of 6% per annum
with the privilege, however, to the surviving partner to pay, in
cash, any part or all of the principal amounts of said note and/or
notes at any time prior to the expiration or due dates thereof.
6. Upon the receipt by the executor or administrator of
the estate of said deceased partner of said promissory note and/or
notes or other obligations as herein provided, such executor or
administrator shall thereupon and immediately make, execute, ack-
nowledge and deliver to the surviving partner a full and complete
bill of sale of the interests of such deceased partner in and to
such copartnership business.
AMENDMENT OF ARTICLE'S OF PARTNERSHIP % Whenever during
the continuance of this partnership it seems desirable to the
partners to change any clause, article, provision or thing con-
tained in the agreements it shall be lawful and proper for them
to do so, and such ahangs may be effected by agreement supplemen-
tal to this contract, signed by all members of this partnership,
or by a writing endorsed upon this contract and signed by all
the partners.
MISCBLLUMOUS PROV'ISIONSn This agreement shall terminate
upone
1. The written agreement of said partners.
2. The dissolution, bankruptcy, or insolvency of
said ceopartnership or either of said partners.
3. The transfer of the interests hereunder to the
last surviving partner.
4. The deaths of the partners under such circumstances
that no partner surviv6s.
This agreement shell be binding, not only upon the par-
ties hereto, but also upon each of their respective heirs, execu-
tors, administrators and distributees and the parties hereto agree
for themselves and their respective heirs, executors, administra-
tors and distribute+es to execute any instrument in writing which
may be necessary or proper in carrying out the purposes and intent
of this agreement.
IN WITNRSS WRERICOV, - the parties have hereunto set their
hands and seals the day and year first above written.
(L.
�L.
STATE OF M YORK
SSs
COUNTY OF RROOME
On this /ate day oft` ,
scriber, personally appeared
WILMER NETCHUM
1940, before me, the sub-
to me personally knownn and known to me to be the same person des-
cribed in and who executed the within instrument, and he duly
acknowledged to me that he executed the same.
1
8.)
3.
STATR or NNW 'YORK
get
Cot;m OF BROOM
On this /-I-T4- day of Julys 1940, before me, the sub-
scriber, perednally'appeared
i3OWPHY UMLIN
to me personally known and knovn to me to be the same person des-
cribed in and vho executed the within instruments and she duly
acknowledged to me that she executed the same.
,Stab of �Nsfo 76ork
Countp of �Kroome
I, WILLIAM E. FLOCK, Clerk of the County of Broome, and also Clerk of the County and Supreme Courts for said
County said Courts being Courts of Record, do hereby certify that
Margaret E. Neville
the Notary Public before whom the within acknowledgment was made, was at the
time of taking the same authorized by the laws of the State of New York to take
acknowledgments and proofs of deeds of conveyances for lands, tenements and heredi-
taments situate, lying and being in said State of New York. And further than I am well
acquainted with the handwriting of such Notary Public and verily believe that the
signature to said certificate of proof of acknowledgment is genuine and that an impres-
sion of the seal of such Notary Public is not required by law to be filed in this office.
In testimony whereof, I have hereunto set my hand and affixed the seal of the said
Courts and County, the..................13 ............................. day of ..------.....UltT .... 19 ... 4.0
........................................................... Vim* ---- E-.- ---- F 1-Ofl..k.................................... Clerk
By------- _-_--------------------------------------------------------------------------------------------------- Deputy Clerk