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July 28th~ 1953.
<br />
<br />the rate hereinabove provided and after payment to said City shall become payable and past due unde~ the terms
<br />he'reef or default shall have otherwise been made i~:thefaithfut performance'of this agreement.
<br /> 5. By mutual agreement, the parties hereto may anticipate the discharge of this agreement
<br />by ascertaining, paying and receiving the then present value of the futurepaymen~ provided ~or herein.
<br /> IN WITNESS WHEREOF, the parties hereto have caused this agreement re be executed as of the
<br />dayand yea~ first hereinabove written, the Elizabeth River Tunnel District, acting by and through the Elizabeth
<br />River Tunnel District, acting by and through the Elizabeth River Tunnel Commission, having duly authorized the
<br />execution thereof by its appropriate municipal officers.
<br />
<br /> ELIZABETH RIVER TUNneL DISTRICT, by and through
<br /> the Elizabeth River Tunnel Commission, the governing
<br /> body thereof.
<br />
<br />Attest: Walter'E. Hoffman, Secretary.
<br />
<br />By
<br />
<br />Thos. P. Thompson, Vice Chairman
<br />
<br />(Signed)
<br />
<br />CITY OF PORTSMOUTH
<br />
<br />By Fred A. Duke
<br />
<br />President, City Council.
<br />
<br />Attest: A.P. Johnson,Jr., City Clerk. "
<br />
<br />** THIS AGREE~NT, made this 1st day of July, 1953, by and between City of Portsmouth, a municipal corporation
<br />of the State of Virginia, party of the first part, and ELIZABETH RIVER TUNNEL DISTRICT, a political subdivision
<br />of the State of Virginia, created by Chapter 130 of the Acts of the General Assembly of Virginia, 1942, party
<br />of the second part.
<br /> WITNESSETH:
<br /> 1. That for and in .consideration of the monthly payment of the SUm of One Hundred Dollars ($100.00)I
<br />to be made on the first day of each and every month from the Elizabeth River Tunnel District to the City of
<br />Portsmouth, said City of Portsmouth does set aside for use by the Elizabeth River mruHnel District for the pur-
<br />pose of maintaining and operating a shuttle bus terminus in said City on the west side of Court Street at King
<br /> street at curb adequate area no~th and/or south of the intersection of said Court and King
<br />Street, an on purpose of saidTunnel District s buses standing and/or loadingand unloading passengers a~ s~ch
<br />Streets for the and in addition thereto, the meh~exclusive right for such bus stops along its routes over the
<br />terminal point;
<br />streets of the City of Portsmouth as may be from rime to time required and approved~by ~he City ~anager.
<br /> The City of Portsmouth agrees to m~intain the street surface at said terminus at its own cost
<br />and expense.
<br /> 2. That any and all Terminal buildings as the Elizabeth River Tunnel District may find necessary
<br />and desirable~for the use of said terminal area shall be constructed by it on private property a~ its own cost
<br />and expense, provided that it may erect at the curb, but not overhanging into Court Street, a sign or signs of
<br />its own d~sign and at its own expense designating said area as its terminus for the purpose of loading and un-
<br />loading passengers.
<br /> 3. This agreement is non-assignable and may be cancelled by either party upon giving the other
<br />thirty (30) days written notice prior to the begi~ing of a~y month, provided that in the absence ofgsuch .notice
<br />this agreement shall continue from month to month.
<br /> 4. Said Elizabeth River Tunnel District covenants that it will pay the rental above set forth as
<br />and when the same becomes due and payable, and th~t~ at the termination of this agreement, or any renewal there-
<br />of, it will peacefully surrender the said rights granted it hereunder.
<br /> 5. The payments required hereunder of One Hundred Dollars ($100.00) per month, shall be due and
<br />payable on the first day of each and every calendar month so long as this agreement remains ~n force, and, in e~
<br />of default for a period of fifteen (15) days in making such payment, the City of Portsmouth shall have the right
<br />a5 its election, to terminate this agreement without further notice.
<br /> 6. That in executing this agreement the City of Portsmouth does so only insofar as it is authorized
<br /> by law so to do, amd makes no guarantee with reference thereto, and the Elizabeth River Tunnel District, in its
<br /> execution hereof, does not concede any lack of right in itself to operate its bus facility as parr of its govern
<br /> mental project within the geographical limits of the Elizabeth River Tunnel Distric~ without the need orautho~
<br /> rity of this agreement.
<br />
<br /> IN WITNESS WHEREOF. the City of Portsmouth has caused this agreemen~ To be signed on behalf of
<br /> the Cit~'by its City Managergand-ihe official seal of said City to be impressed hereon and attested by itss City
<br /> Clerk, pursuan~ to ordinance adopted by its Council on June Zg, 1953, and the Elizabeth River Tunnel District
<br /> has 9aused this lease to be signed~by its Vice Chairman and its official seal ~o be impressed hereon and attested
<br /> by its Secretary, pursuan~ to resolution adopted by said District on the 30th day of June, 1953, all as the
<br /> day, month and year first above written.
<br />
<br />(Seal)
<br />Att-est:
<br />
<br /> CITY OF PORTS~OL~H
<br />
<br />By I.G. Vass, City Manager.
<br />
<br /> A.P. Johnson,Jr., City Clerk
<br /> ELIZA]FETH RIVER TUNNELDISTRICT
<br />
<br /> By Thos. P. Thompson, Vice Chairman
<br /> (Seal)
<br />Attest: Walter E. Hoffman, Secretary
<br />
<br />Form Approved: R.C. Barclay, City Attorney for City of Portsmouth
<br />
<br />General Counsel for the Elizabeth River Tunnel ~strict i~
<br />
<br />
<br />
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