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November 10, 1525
<br />
<br /> In view of the fact that this matter would invo£ve~four suits each of which would
<br />probably cost the City more than Two Hundred Dollars ! recommend that these, claims be settled
<br />for this amount.
<br /> Yours very truly,
<br />
<br />R. C. BAROLAY, City. Attorney."
<br />
<br />On motion of Mr. Stewamt (J.R.), the communication was referred to Finance 0ommittee.
<br />
<br /> P ~e following communication was read from the 0ity Attorney:
<br />
<br /> ~November 10th,
<br />Hon. City 0otuncil,
<br />Portsmouth, Va.
<br />
<br />1925.
<br />
<br />Gentlemen:--
<br />
<br /> I mm submitting herewith a contract with the Atlantic 0cast Liue Railroad granting
<br />permission to the 0ity to place drain pipes uuder its tracks where they cross 0ommerce Street.
<br />
<br /> The Rilroad 0omp~uy allowed the pipes to be installed so as not to holdup, the
<br />0ity's improvement, informing Mr. Howard, however, the Engineer, that it would expect this
<br />~greement to be signed.
<br />
<br />street was
<br />mont.
<br />
<br /> It appes, vs that the railroad company acquired this strip of land before the
<br />dedicated to the public aud I believe it is within its rights to ask for the agree-
<br />
<br />cept~cle to the railroad compauy.
<br />0ity signing the contract.
<br />
<br />have modified the agreement by the ihseTtion of a new paragraph which is ac-
<br /> With this .paragr~haCded I can' s~e no objection to the
<br />
<br />Youms very truly,
<br />
<br />R. 0. BARCLAY, City Attorney."
<br />
<br /> The following is th~ agreement:
<br /> THIS AGREENEh~, Made and entered into this 24th day of
<br />Nsrch, 1~25, by and b~twee~ the ATLANTIC 00AST LIllE .RAILROAD 00.~A~.T, a corporation created
<br /> org~.uized under ~d by ~ir~ae of the laws of the State of Virginia, hereinafter, for con,
<br />venience Styled the Railroad, the first party, ~nd the 0ITY ~F PORTSMOUTH, a munmciPal corpora-
<br />tionunder the laws of the State of VIRGINIA, the second ps~vty:
<br />
<br /> WITNESSETH: That~ the Rsdlroad, for and in consideration of the sum of One Dolla~ to it in
<br />D~nd paid by the second party, the receipt whereo~ is hereby acknowledged, and the performance
<br />of the'covenants hereinafter contained on the part of the second pa~y, does hereby give and
<br />grant unto the second party the right ~nd privilege to lay and maintain, for the purpose of a
<br />sewer, a line of 12-inch cast iron pipe across the right of way and underneath the tracks~of
<br />the Atlantic Coast Line.Railroad in said City of Portsmouth; ~he said pipe t~o extend across
<br />said Rail~ad at approxmmately the center of Commerce Street, said ~ipe beingparaIlel with the
<br />center line~c~aid Street ~ud 9 feet below the base of rail of saic tracks, m~asured to the
<br />top of~the pipe;~as shown in RED on the~blme print hereto attached and m~de ~ part hereof; the
<br />right of way of the Railroad at said crossing being 50 feet wide, 25 feet on each side of the
<br />center line of the main track.
<br />
<br /> Amd the second party hereby covenants and agrees with the P~iiroad in consideration thereof,
<br />as follows:
<br />
<br /> (1) That the second party shall lay and maintain said pipe in a manner satisfactory to
<br />the Engineer Maintenance of Way of the Railroad and ac as not to interfere with pipes or other
<br />structures now in place; and in the event that the saidpipe shall become ir. need of repairs,
<br />the second p~rty shall repair same upon notice given by the said Engineer, and upon the failure
<br />of the second p~rty to make ~ach repairs, the. Railroad may make all necessary repairs, but at
<br />the cost of the second party, which sai~ cost the second party hereby agrees and promises to
<br />pay on demand.
<br />
<br /> (2) That the second party shall assume entire responsibility for all damages caused in
<br />any manuer by the said pipe to the property or employees of the Railroad or to any other person
<br />or property; and that the second party shall protect and save harmless the Railroad from any
<br />and all damages and losses caused in any manner from the said pipe, however re,aliirig,
<br />
<br /> (3) That the second party will at any time, upon thirty days ~itten notice given by.the
<br />Railroad, o~a~ge and altSr the location of said pipe to conform to any cha~ges or improvements
<br />that may be made by the Railroad in its Stacks or roadway at said location.
<br />
<br /> It is expressly unders~ood and agreed that no assessment shall be made against the Railroad
<br />
<br />to cover the cost (or any part thereof) of construction and/or maintenance of said pip~, in-
<br />cluding ma~,rmal, labor, ~nd auy other item of expense incident thereto.
<br />
<br /> It ~is ~_derstood and agreed that this contract shall not be binding u~til it has been
<br /> ratified byprcper ordinance or resolution cf the 01fy Council of the second pa~ty, a copy of
<br /> which resolution or ordinance is attached hereto and made pa~t of this agreement.
<br /> ~lso
<br /> It is/understood aud agreed that the said party of the se?ond part do~s no~ waive any cf
<br /> its~ rights as a m~ioiPality in said Commerce Street nor any right it may have to acquire the
<br /> said.r~ilroad to oonfo4m to street .grades and otherwise comply with the laws of the State of
<br />~Virg~nma and the ordina~ces o~ the 0ity of Portsmouth.
<br />
<br />
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