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tHIS AGP~{ENT, Made this day of , 1960, between Seaboard Air Line Railroad Company, a corporation of Virginia, hereinafter designated "Railroad", and City of Portsmouth, a municipal corporation of Virginia, hereinafter designated "City"; WITNESSE~H THAT ~EREAS, City desires to extend Langley Boulevard in the City of Portsmouth, Virginia, westwardly from Tazewell Street to Uo S. 58, such exzen- sion to cross, at grade, the right of way and main track of the Railroad 2,469 feet southwestwardly from Railroad's Mile Post 5, the center line of which is indicated in RED on drawing prepared by the City dated February 24, 1960, attached hereto as a part hereof; NOW. THEREFORE, in consideration of the premises and of their mutual covenants hereinafter set forth, the parties agree as follows: 1. Railroad hereby granzs unto City thc right and privilege, terminable as and with the limitations hereinafter expressed, of constructing the said szreet and crossing, at grade, over and upon the right of way and property of Railroad as aforesaid. 2o City will, at its sole expense, construct and thereafter maintain zn good and safe condition the street and crossing permitted to be installed hereunder yond the ends of the cross tics. Railroad will, at the expense of the City, con- struct and maintain that portion of the crossing from end of tis to end of tie. City agrees that the construction and maintenance of the said highway upon and over Railroad's right of way and property will be so conducted as not ~o impede or delay the passage of equipment operated by Railroad. All work done by the City within the limits of the right of way of the Rail- road shall be performed in accordance with such instructions as an authorized repre- sentative of the Railroad shall consider necessary or advisable to safeguard the Railroad's proper~y or its operations and, except in case of emergency, after at least five days' notice in writing ~o the Division Engineer of Railroad. 3. It is specifically understood and agreed that City will bear all expense i~ connection with the raising or relocating of any wire lines zo provide proper clearance at said crossing° City agrees to provide adequase drainage facilities so that the construction of the highway and crossing upon Railroad's right of way will not interfere with the proper drainage of such right of way. Should the said highway and crossing at any time, in the opinion of Railroad, interfere with or retard the drainage of the right of way and property of Railroad, City shall, upon notice so to do, at City's sole cost, remedy such condition in a manner satisfactory to Railroad. 4. The COSt of any watchman service made necessary by the street crosszng shall be borne by City. Railroad may, with the approval of City, furnish such watchman service as it deems necessary and City will, upon bills rendered, reim- burse it for the cost thereof.