|
December l~, 1926
<br />
<br /> 2. The lines of pipe shall be ~f ~quality satisfactory to the ChiefEngineer of the Rail-
<br />way, shall be located in respect to the tracks and property of the Railway in accords~uce with
<br />the re~mirements of said Chief Engineer and at a dep~Jabelow the surface of the tracks and
<br />property of the R~ilway of not less tham three (3) feet; substantially as indicated on the blue
<br />print hereto attached as a p~rt of this~agreement.
<br />
<br /> 3. The Lines of _pipe shall be installed, maintained, repaired and rene~ed at the e~pense
<br />of the Licensee, and under the supervision and direction, and subject to the approval a~d
<br />oepta.uce, of the Chief Engineer of-the Railway.
<br />
<br /> 4. The passeage of engines or trains will not be hindered or delayed by the installation,
<br />operation, use,maintenance or removal of s~d lines of piper.
<br />
<br /> 5- The Licensee will make all repairs to the tracks and other property of the Railway
<br />necessitated by the-installation, operation, use, m~inmenanee or ~emeval of said lines of pipe,
<br />such repairs to be made _subject to the approval, inspeotio~ and acceptance of the Chief Engineer
<br />of the Railway. The Railway may, at its optiom, make such repairs, and the Licensee will, upon
<br />bills rendered, promptly reimburse the Railway therefor.
<br />
<br /> 6. ~hou~d the Licensee discontln~e the ~peration of said lines of pipe and abandon the
<br />use thereof, then, if the Railway so desires, ss.id lines of pipe shall be removed b~ the Licensee
<br />at tko expense of the lat~er, from behests the t~acks a~d f~om the p~operty of the ~ilway, or
<br />the Railway may, at its option, remove the same, at the expense of the Licensee. In case of
<br />such removal, o= removal in any other manuer, the tracks and property of the Railway ars to be
<br />left in as good condition as when previously found and as shall be approved by the Chief Engineer
<br />of the Railway.
<br />
<br /> ?. The Railway may termi~ate this agreement at amy time by giving the Licensee Ninety (90)
<br />days notice, in writing, of its intentio~ so to de, an~ upon terminetton of this agreement the
<br />Licensee, if required by the R~ilway so to do, will, at his own expense, remove said ~i~es of
<br />pipe and all appliances or appurtenances thereunto belonging,~ from beneath ~he tracks and from
<br />the property of the Railway, or the Railway, at its option,, or mpon the refusal of the Licensee
<br />so to do, may remove the same, at the expense of the Licensee.
<br />
<br /> ~. The Licensee hereby assumes all risk of loss, injury or dam~ce Of or to the person and
<br />the property of the Licensee and all other persons andproperty, growing in any manner out of
<br />the installatio~, presence, operation, maintenance or removal of said li~es of pipe, o= any
<br />of the appmr2enances or appliances, or any pa~t thereof. And the Licensee will further; at all
<br />times, inderm~ify and save harmless the Railway from all loss, damage, cost and expense which
<br />the Railway m~y sustain, resulting from loss~ injury or damage caused as afor sams.
<br />
<br /> 9. It is ~mnderstood and agreed that the license herei~ set out is granted only to the ex-
<br />tent of the Railway,s right, title and interest in the land ~o be entered upon and used by the
<br />Licensee, and the Licensee will, at all times assmme all risk of and indemmify and save harmless
<br />the Railway from e~ad against any and all loss, damage, cost or expense arising in any
<br />on acco,~ut of the construction, presence, operation or maintenance of s~id lines of pipe under
<br />and beneath said land.
<br />
<br /> lO. ~t this agreement shall not be construed as releasing or relinquishi~ by the Oity
<br />of Portsmouth a~y rights it.has in Elm Avenue and Prentis Avenue, as streets.
<br />
<br /> IN TESTIMONY WHEREOF the parties hereto have caused thisragreement to be duly signed amd
<br />sealed, the day and ye~ ~irst above written.
<br />
<br />Attest:
<br />
<br />SEABOARD AIR LINE RAILWAY COMPANY,
<br />
<br />ASsistant Seor tary.
<br />
<br />By
<br />
<br />Vice-President.
<br />
<br />Witnesses:
<br />
<br />OIT~ OF PORTSMOUTH,
<br />
<br />By ..... (SEAL)
<br />
<br />Attest: Mayor.
<br />
<br />Witnesses:
<br />
<br />Oity Clerk.
<br />
<br /> On motion of Dr.
<br />authorized to execute same; ~ud by
<br />
<br />Ayes--~ Br~oks,
<br />
<br />Brooks, the contract was approved, s. md the proper Oity Officers were
<br /> the following vote:
<br />
<br /> D~nford, Maupin, Mayo, Oast, Stewart, Uhite, ?.
<br /> UNFINISHED BUSINESS
<br />
<br />~Th~ following communication was read from the City Attorney:
<br />
<br />Honorable City Comncit, "Portsmouth, Va., Dec. 14, 1926.
<br />
<br />
<br />
|