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August 28, 1923 <br /> <br /> First: To pay all costs of constructing and l~ying water mains from the present m~in of <br />the said City at the intersection of High Street and Rodm~n Avenue, and exte~g to the tract <br />of the At, stead Oo~o=mtion, and on cert~n streets or across the rear end of lots facing on <br />said streets th~ein as sh~n on attached blue print ~d made a part of thio a~eement; the said <br />work to be ~ne by the Wate='Department of the City of Portsmouth, in accor~ce with pla~ <br />and ~ecificatio~ of t~t D~tment. <br /> <br /> Seco~: The said p~ty of the seco~d~p~t hereby grants mhd conveys unto the s~id City. <br />of Portsm~th mn exclusive ~d perpet~ eas~ent and right of way in ~d along ~11 streets <br />mhd alleys ~w platted on the Trmct of the Armistemd Oorpormtion or m~y he~emfter be platted <br />thereon, mhd alor~, across, ~d through the ~e~ e~s of the i~s shown on the said <br />~ distmnce of ~hree feet from the remr ~ of said lots and for ~ch other-~st~ce_ms may be <br />~ecessary fo~ meter boxes mhd cut offs, for the pu~ose of layi~, ~intai~, and <br />water pipes and ma~s, .mhd the necess~y mpp~te~a~ces thereto for the ~pplyi~ of water; <br />in the event of water m~lns being laid on property other than public thor~ghfmres, the Armis- <br />~ead Co~poration hereby conveys to the City of Portsm~th~the right to ente~ upon such Drivate <br />property fo~ the pu~ose of layi~, mmintaini~ and ~epairi~ water mains and mppurte~ces, <br />remdlng, placing ~nd.r~l~ci~ meters, ~d ~11 of the work necess~y in the s~plying of wate~ <br /> <br /> Third: The ss~ld water mains and pipes when so laid and constructed sh~li be the sole pro- <br />perty of and under the exclusive control of the City of Portsmouth. <br /> <br /> Fourth: If any additional mains ere desired by the per~y of the second pert, the same <br />m~y be laid, provided the size, material, location of such mmins ere approved by the party of <br />the first pasts all costs of const=ucting and laying such mains shall be paid by the party <br />of the second part, the work to be done by ~he Water Department of the City of Portsmouth. All <br />such mains shall be the property of ~nd under the exclusive control of the City of Portsmouth <br />as soon as comDleted. <br /> <br /> Fifth: The rates to be charged for water supplied in said territory are to be the same as <br />s~re now or may be hereafter fixed by the City of Portsmouth as applicable to consumers outside <br />of the City limits, and all taps, service pipes, fixtures, etc., are ~o be m~de and insts~lled <br />in accordance with the City Ordinances. <br /> <br /> Sixth: The said City of Portsmouth, on its part, covens~uts and a~rees that after said <br />water m~ins are so laid and after compliance by the said party of the second part with all the <br />terms of this contract that it will, as soon as the g~css annual revenue from water supplied <br />from the maine referred to in paragraphs one and four amounts to 15% of the total cost of all. <br />mmterial amd iabor for i~tallingmains of six inches diameter or over, pay to the party of <br />the second part the c6st of said mmins, exclusive of interest; the cost'of ~.ins less than six <br />inches in diamete~ will not be repaid by the City of Portsmouth~ <br /> <br />WITNESS the following signatures and seals: <br /> <br />ATteST: <br /> <br />By <br /> <br />CITY OF PORTSMOUTH <br /> <br /> President of Council. <br /> <br />Seal: <br /> <br />ATTEST: <br /> <br />City Clerk. <br /> <br />By <br /> <br />ARMI STEAD CORP OKATI ON <br /> Chas. R. Wel~cn <br /> President. <br /> <br />B. ~. Ferguson <br /> Secretary. <br /> <br />State of Virginia, <br /> <br />City of Portsmouth,to-wit: <br /> <br /> I, Sarah E. Miller, a Notary Public within ~nd for Zhe City aforesaid, in the State of <br />Virginia, do certify that Chas. R. Welton, President of~ the Armistead COrporation, and B. B. <br />Ferguson, Secretary of said Oorporaticn, whose names are signe~ to the writing above, bearing <br />dmte on the 9th day of August, 1923, h~ve acknowledged the sam~beforeme in my City aforesaid. <br /> ~y ~erm of office will expire on the 15th day of September, 1925~ <br /> <br />Given under my hand this 9th day of A~gust, I~Z3. <br /> <br />Sarah E- Miller, <br /> Notary Public. <br /> <br />State of Virginia, <br /> <br />City of Portsmouth, to-wit: <br /> <br /> i,' . , a Nomary Public for the City aforesaid, in the State of <br />Virg~ia, do certify that Robert A. Hutchins, Jr., President of the City Council of the City <br />of ~ortsmouth, and L. C. Brinson, Oity Clerk, whose names are signed to the writing above, <br />bearing date on the day of _ have acknowledged the same before me in <br />my 0ity aforesaid. <br /> <br />My term of office expires <br /> <br />~iven nnder my hand this daf of <br /> <br /> <br />