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Jant~ry 12, 1~2~
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<br />and to erect thereon a fire-proof building not less than three stories high and a basement, in
<br />aocordanc~,awith the plans and specifications, to be approved by the said respective bodies,
<br />and when approved to be annexed hereto and made a part of this agreement, at a cost for both
<br />si~e and building to be not less than $635,000.00.
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<br /> SECOND: As soon as the said site and plans and specifications are approved,by the said
<br />City and County, the City of Portsmouth shall acquire the said land and site by condemr~tion
<br />or otherwise, and h~ve erected thereon the said building in accordance with the said plans
<br />and specifications, advancing all necessary fmnds for that purpose.
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<br /> THIRD: When the s~id b~ildingshall have been erected a~d is ready for o~cupanoy, the
<br />said City of Portsmouth shall by good and smffieient deed gr~nt and convey unt$~the County
<br />of Norfolk an undivided one-half interest in said site and b~ildi~g, and embody in said deed
<br />the cove~nts and agreements in this contract contained, and the County of Norfolk shall co-
<br />inoidently therewith deliver to the City of Portsmouth a goo~ and sufficient deed granting
<br />.s~.~,conveyl~ mnto the sai~ City of Portsmouth its land on High Street and 'all of its rights
<br />· m~e and in~erest in the Aand at the corner of High a~d Co~.vt streets, in the City of Ports-
<br />mouth owned jointly by t~e City of Portsmouth and the County of Norfol~; which laud ~nd'~build-
<br />i~g of the County and its u~divided interest in the Joint p~op~rty hms been estimated by com-
<br />petent and disinterested appraisers to be worth the sum of $2~,750.00 at this time.
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<br /> FOURTH: The.s~id parties agree to jointly apply to the General Assembly of Virginia at
<br />the next session held by it for any necessary authority to carry out the p~poses as set forth
<br />in this agreement.
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<br /> FIFTH: The County of Norfolk agrees that it will not dispose of its interest in said new
<br />site and ~uilding for a period of thirty years from ~he date ef the deed to it. Shomld the
<br />said Oo~u~ty~desire to dispose of its interest in the said new site and building after thirty
<br />years from the dmte of the said deed, the City of Portsmouth agrees to purchase the Oounty~s
<br />interest at,its then app~/~ised value. If the said parties a~e unmble to agree on said appr&ised
<br />v/~e, this value shall be determined bya board of arbitrators censis~ng of three members,
<br />one tS be selected by the O~y, one by theCounty, and the third by the two so selected, and
<br />in case of disagreement the third member shall be selected'by the Presiient of the Cou~t of
<br />~ppeals of Virginia. A decision of any two of the three so selected to be final and binding
<br />en both parties to this agreement.
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<br /> SIXTH: Each of the parties to this agreement shall have the right to use and occupy one-
<br />half of the office and Court space and storage room contained in the said building, but it is
<br />mutually agreed that each of the parties shall use and occupy the spaces designated for the
<br />respective parties on the plans as now agreed upon and m~de a pa~t hereof. This proviso shall
<br />not be construed as requiring any rent to be paid by either patty for any space in excess of
<br />fifty per cent of the space occupied hy it and not needed by the other party, nor.as requiring
<br />the vacation of any space occupied by either.party in excess of the said fifty per. cent of
<br />the office and court space and storage room~ unless this excess space is ~ctumlly ~eeded and
<br />demmnded by the other pa~ty for its own proper u~e and to accomodmte its governmental agencies;
<br />and in case either pa~vtY sh~ll so occupy space in excess of fifty'per cent and the.other party
<br />demands the use of such excess for its own governmental purposes, the party occupying
<br />tess shall v~cate the same upon six mgnths notice from the other party. No portion of this
<br />b~lding shall be used except'for m~u~icipal or governmentml purposes except hy the consent
<br />of both parties to this contract.
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<br /> SEVENTH: The City of Portsmouth agrees to furnish without cost to the County of Norfolk,
<br />heat and water for the entire building, light for all public halls, public toilets and lava-
<br />tories, or for parts of the building used jointly by the Oity and County; elovmtor service
<br />adequate for the public needs clothe entire building mhd the necessary labo~ and material
<br />for keeping grounds and flower l~tS in a neat and proper condition.~ It is further agreed
<br />that meters for~, or etectrio ~lights will be arrange~ so as to give the County the benefit,
<br />of the same ratel t~at the City maF at amy time e~joy.
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<br /> EIGHTH: The City of Portsmouth agrees to pay for the cost of mmintenmnoe of the entire
<br />building, m~ohinery and grounds.
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<br /> NINTH: The cost of improvements and additions which might be agreed upon by said ~ity
<br />and County at any time she.ll be borne equally by the contr~otlngparties, No addition
<br />improvements shall be ~de to buildi~ or greeds lnvol~ mn increase In ompitat chmrge, ex-
<br />oep~ mfter m joln~ mgreemen$ ~prove~ by the Oity of Portsmouth ~d ~he County of Norfolk,s
<br />been entered into. ~ ems, elthe~ of the said par~les desire.~y improv~en~ or mddi~ion
<br />m~eed to by the other, the cost of ~ch i~rovement or md~tien shmll be berne exclusively
<br />by ~e par~y.desi~ing the s~e ~nd shmll not be construe~ as ~n ~dditio~ to the ~ue of the
<br />~1~ er ~roun~. Ne md~tio~ s~ll be mmde which sh~ll inj~e the ~o~tee~ betty
<br />of said b~lding, m~d in the event either party objects to mn ~ition for this ~emson, the
<br />Guestion whether o~ not the ~chitect~ml bemu~y Is inj~ed s~ll be s~mitted ~o a
<br />of mrbi~rato~ composed of th=es mrchiteets, one sele~e~ ~y the O~y, one ~y the Co~ty
<br />the two sO,~te~ted to choo~e the third, mhd m deaisien of the majority of the Bomrd of ~bl-
<br />trm~ns~ll be f~l.
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<br /> T~NTH. The ~uildings and grounds will be maintained a~d operated by the City M~nager
<br />of the City of Portsmouth.
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<br /> ELEVENTH: ~*aintenance shall be construed as including instance on building, all repairs
<br />mhd replacement to building, plumbing, machinery, mechanic equipment, apparatus, painting of
<br />building,, repairs to-fences, painting of fences, repairs to roads and walks and replacement
<br />of trees, shzubbery and flowers.
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<br /> TWELFTH: All cases of dispute which can not be
<br />the'repre~entative or representatives of the
<br />referre~ to a beaird of arbitration constituted as
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<br />settled directly by the C£ty Nanager and
<br /> of Norfolk County will be
<br /> SS above.'
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