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September 12, 1922
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<br />following ~and'in the-City of PortsmoUth, State of Virgini&, s~id land to be used only for the
<br />purpose of storing of roadway and building material and machines, and being described as fol-
<br />lows:
<br /> Beginning at the southwesterly intersection of Green Street and Race Avenue: running
<br />~hence in a southerly direction mlong the west side of Green Street_25.5 feet; thence
<br />right angles in a westerly direction 105 feet; thencs at right angles in ~ southerly direction
<br />~.5 feet, thence at right angles Tn a westerly direction 150 feet; thence au right angles in
<br />a ~r~herl~direction 113 feet; to a p~int on the south side of Race Avenue; thence along-the
<br />south aide of Race Avenue in an easterly direction 255 feet to-th~ point of beginning,
<br />lng 19,617.5 squ~re feet, as sho~rn in Yellow as location ~1 on blue p~int Va. 125, attache~
<br />hereto as a part hereof.
<br />
<br /> TO HAVE AND TO HOLD said land from the date hereof until the expiration of sixty (60)
<br />days ifter notice in writing from either party hereto to the other of the intention ~o termi-.
<br />n~te this agreement.' And'the Lessee,'upo~ expiration of the afgresaid sixty (60) days, .s~all
<br />peaceably and ~$~ surrender possession of said land to the ~essor, For the purpose ox
<br />this agreement, such notice shall be deemed received ~y the Lessee from the time the same
<br />shall have been d~ly mailed through the United States Mails,~directed to the Lessee at the lo-
<br />cation of sa~d land in said County and State,
<br />
<br /> 2. The Lessee may build upon the s~id land such buildings and struc~urss as the Lessor
<br />may approve, but no building or other 'structure sh~ll b~ ~ected nor any material or property
<br />placed upon the said land at a point hesmer than eight (8) feet from the center of the nearest
<br />track of the Lessor, and if a greater distance shall be rec~ired'by any law, ordinance or
<br />regulation enacted or adopted by drily constituted authority the said distance cf e~ght
<br />fe&t shall be increased by the,Lessee so as to conform thereto. The Lessee shall own all such
<br />~uildings an~ structu~es,,shall keep the same in proper conditlon and repEir ck~rtng~ the con-
<br />tinuanoe-hereof, shall paint ~he same the Stand~rd ~olors of the Lesso~, and shall make use
<br />~hereof for such purposes only as the Lessor .shall approve; and the Lessee shall pay any and
<br />all taxes, assessments and levies lawfully imposed th~reo~ du~ing the continuance of this agree-
<br />ment by any governmental authority, and shall have the right to remove the same from ~he said
<br />land at the ~ermination of this lease,
<br />
<br /> 3. The Lessee assumes all risk Of, and releases ~nd discharges the Lessor from, all
<br />o!aims, demands ~r~cauees of action on account of, loss of or daYmage to .buildings or-other~
<br />property of the Lessee, or inju~Y~to the Lessee, on or near the leASed premises, ~b~t may be
<br />occasioned by fire or the operation of the railroa~i of the Lessor, or_any other~caus~hatso-
<br />eve~, And the Lessee w~ll indemnify ~d s~ve h~mless the ~ssO= ~rom ~all~loss, d~ge and
<br />ex~se ~ising from the use or .oc~pation of~the leased premises; or fr~loss of or d~age
<br />-to p~operty of others in ~e c~e or ~st0dy of ~he LesSee on o~ ne~ suc~premisee, or to
<br /> ~y othe~ pr.ope~t~ o~ such premises; o~ from i~j~ to any other persqn or pc=sons which may
<br /> be sustained on the leased premises or ~esult from ~ny cause o~iginating thereon.
<br />
<br /> ~. The Lessee shall not assi~ no~ part with the possession of said l~d~ o= ~
<br /> hullings o= struct~es located thereupon, o~ any part thereof, without the w~itten cogent
<br /> of ~e Lessor.
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<br /> 5; The Lessee shall not, during the continuance hereof, keep or store, nor allow to
<br />be kept or stored, upon ~the said land, or in any building or buildings located thereupon~ any
<br />dynamite or other explosives of any character.
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<br /> .6. The Lessee will, dttring the continuance of this ag~esmen% ship or cause to be
<br />shipped, over the lines owned, operated or controlled by the ~essor, .all freight consigned
<br />by or to the Lessee, to and or from points r'eached through or via said lines, Provided the
<br />rates of transportation therefor are as reasonable,.&s ~hose charged"by'competing lines on the
<br />same t~affic.
<br />
<br /> IN TESTIMONY WHEREOF,
<br />above written..
<br />
<br />Attest:
<br />
<br />witness the following signazu~es and seals, the dray and year first
<br /> SEABOARD AIR LINE RAILWAY COMPANY
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<br />By First Vice-Pres ident.
<br />
<br />Assistant S ocr e~ary.
<br />
<br />~itnesses:
<br />
<br />~itnesses:
<br />
<br />CITY OF PORTSMOUTH
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<br /> Mr.-Brooks ~oved that the contract be referred to the Finance Committee. The Chair
<br />ruled the motion out of order. Mr. B~ooks appealed from the decision of the Chair, and~th$
<br />decision of the Chair was sust~inedl~y the following vote:
<br /> For decision of the Chair-- Oast, Smith, Stewart,
<br /> Against decision of " -- Brooks, 1.
<br />
<br /> (N~. Hutchins and Mr. Esleeck excused from
<br />
<br /> Then Mr; Brooks moved that a ~opy of said contrao~ be forwarded'to-each memJ~er of the
<br />Council. The m~tion ~as adopted.
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