Minutes 07/11/1922 - Laserfiche WebLink

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SUnless the re~enue to the railroad company from freight handled o~er thiS~ ~pur d~cr?~ses~ is highly improbable, the signing, of the _mgreemen$ will co~t :th?~C~ty ~otn%~g. A, tne~e~ recommend that the Council &uthorlse the ~reeident of the ~ouncxA to sl~n ~ne agreement. The following is the agreement: ~THI8 AGREEMENT, Made this day of , l~Z-~, between Seaboard AirLine Railway Company, a corporation of Virginia and other States, hereinafter designated "-Railway," of the first part; and the City of Portsmouth, Virginia, acting by and through the Ooun~il of the City ,f Portsmouth, hereinafter designated "Shipper," of the second part: _wi TE Es_ _EIE: THAT WHEREAS, there has he~etofom been constructed to serve the 8hipper, near Kilby, Nan~ ssmond O~nty, Virginia, the following described side or spur track: A side or spur trao~k connecting wish the main track of the~Raiiway a~ a point 3710 feet, more ~r less, west of Mize Pos~ 15 ~ NEW), as measured from Portsmouth, Virginia, near Eilby, Nansemnnd County, Virginia; said side or spur track being located on the southerly side of the Railway's main track and extending in a general westerly direction for a distance of 300 feet; said side or spu~ track being shown in RED on blue print VA-I~5, Attached hereto as a pa~t hereof; NO~, THEREFORE, in consideration of the laremises a~d mutmal advantages accruing to the parties hereto, it is covenanted and agreed by ~nd between them as follows: 1. The Railway will operate and, at its sole cos~, maintain the entire track upon the terms and conditions hereinafter stated. Title to the said track shall be and remain vested solely in the Railway. In the construction, operation, repair, alteration or maintenance of said track, the right3~f way therefor, or of any ~ailding, structure, equipment o~ work of whatsoever nature conneoted~muy manner therewith, the Shipper hereby assume all risk of, and liability for, loss or damage of or to any person or amy property when such loss or damage shall have been caused, directly or indirectly, or shall have been contributed to, by the acts, defaults or negligence of the Shipper, or any agent, employes orr=epresentative in the service or under the control of the ~hipper. And the Shipper hereby further agrees to indemnify and save harmless the RailWay~from all loss,.da~mge and expense which the Railway may sustain growing ink'ny manner out of such acts, defaults or negligence. ~. T~at inasmuch as the Shipper desires and has requested the construction and operation of the said track for its convenience, notwithstanding the proximity of tracks and engines to its property, and ngtwithstanding the operation of trains in the vicinity and the risk of fire.on account thereof, the Shipper assumes the d~ty of keeping, the right of way of the said track smd theproperty adjacent thereto clean and clear of combustibles or.infla~able material, except the combustible Ce~$ents Of cars in th~ possession of the Shipper- on the sai~ track, a~d assumes all rfsk Of loss of or damage to its property or to property of others in its possession gr under its control situate on or in the vicinity of the said track, when such loss or is occasioned by fire set out l~y the engines or other machinery of, or fire in any manner caus- ed by, the Railway, when such fire occurs in connection with the operation of the said t~ack, aud hereby rele~mes and discha~ge~ the R~ilway from all liability for any such loss or damage. And the Shipper will furtherXindemnify mud save harmless the Railway from all less, cost smd expense whY~h the Railway may sustain resulting from loss of or damage to property of others in the ca~e or custody of the Shippe~ or stored by orwith the Shipper's consent upon or near sa~d track, ~esulting from fire occasioned as aforesaid. The Railway hereby s~i~Ulates 'for this pro~ction as a condition"of its agreement to furnish the above facilities to the Shipper elsewhere than at a regular station. 5. ThewS hipper will, during rite oontingance of this a~reement, ship or cause to be slhip- pod over the lines owned, o~erated or contr*iled by the Rmi:!Way, all freight shipped from ~2 to the plant of the Bhipper served by the said track, lto ~r from points =eached through Or. via said lines, provided the rates of transportation therefor are as reasonabl~ as those charged by competing lines on the smme traffic. '~. The B~ilway a~d the Shipper c~templmtes that the business delivered to the by 2h$ Shipper 6r otherlindustries 1ocated,.,r tO be ~ocated, on said track willyie RailWm2 ~tless th~n One Thousand Dollars ~$~,000.'00~ E~ss ~reight revenue per anm~m, the ~i~pe~ ~rees~sh~dld the ~ eve~e so derived by the Railwmy be less ~h~ the said in ~ny one yem=, t~en, for each ~d every, such year, t~ ~i~ev, upon H~ilw~y the cost incurred by it in the m~xn~en~oe of~e s~x~ ~ck, an~ six per cent~ (6~) of the v~ue of ~!1 materi~s, supplies ~d l~bor ~rnished ~y the R~i~ in the oonst~otion o~ ~t~ement of the tr~k; or the Rmilway mmy, if it so elects, t.ermi this agreement as for a breach of cove~nt as set forth in arti~e ~ hereof. ~. The Railway may use said track for ~he ~rpose off serving business ~dl~stries o~er th~ that of tee Shipp. er ~d or for other railroad ~ses,.~t ~ch use[ of ~d_t~c~s sh~l be made in such.m~ne~d at ~ch times as not to u~e~ssarlAy ~ fore with the h~ing of freight and ~siness of the Shipper thereo~er. ~e EaiAwa~ wise, for ~e purposes in ~is article specified, extend said tragk or construct tracks blanch- lng therefrom. ~. 'The Shipper shall not erect, nor permit to.b~ e~ected, ~y ~iidi~$ or structur?~ nor permit ~y material to be placed, within seven (7) feet of the center Axne of the sal~= ~ tWOhy-two (22) feet mbove the toP.of r~il, Ail struc~es erecte~ over ~mll be ~ilt ~d m~nt~ned in m m~ner smt~fmctor~ to the Ohief En~neer o~ other proper offloer of the Railway.