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263
<br />
<br />cmused these present~ to be
<br />and the seal of the City to
<br />
<br />Teste:
<br />
<br />Secretary
<br />
<br />signed by R. A. Hutch ins, Jr., President of the
<br />be hereunto affixed, attested by L, O. Brinson,
<br />
<br />"Lake
<br />
<br />C1 ty Council,
<br />City Clerk.
<br />
<br />D~ummond Canal and Water Co.
<br />
<br />President.
<br />
<br />"City of Portsmouth.
<br />
<br /> President of Council
<br />
<br />City Clerk."
<br />
<br /> On motion of M~. Hall, the said lease was approved and the President of the Council was
<br />instructed to sign same on behalf of the City, the seal of the City to be affixed, a~teste~
<br />hy the City Clerk; and by the following vote:
<br />
<br />Ayes-- Brooks, Esteeck, Smith, Hall, Hutchins, Oast, White, ?.
<br />
<br /> By unanimous consent, permission was g~anted the City Manager to ~reeent a contract with
<br />the Norfolk & Portsmouth Belt Line R. R. for privilege of laying water pipe or main on right
<br />of way cf said Be~t Line. The following is the contract:
<br />
<br /> "THIS AGREEMENT, Made in ~us~lruplicate this the 2?th clay of September, in-the year nine-
<br />teen hundred and twenty, between the Norfolk & Portsmouth Belt Line Railroad Company, a cor-
<br />poration oha~tered, organi~d and existing under the laws of the State of Virginia, hereinafter
<br />called the Belt Line, party of the first pa~t, and the City of Portsmouth, a municipal corpora-
<br />tion created by the State .of Virginia, pa~ty of the second part:
<br />
<br />THE BELT
<br />
<br />LINE COVENANTS AND AGREES AS FOLLOWS:
<br />
<br /> 1. That the City of Portsmouth may lay a castiron water pipe or main upon the right of
<br />way of the Belt Line from a point in the East side of the Deep Creek Turnpike to a point in
<br />the West si'de of the road which runs along the West side of the property of the H. Mo Bickford
<br />Lumber Compamy, as shown in red upon the blue print hereto attached as a part of this agreement.
<br />
<br />THE CITY OF PO~TSMOUTH COVENANTS 'AND AGREES as follows:
<br />
<br /> 1. That it will cause said water pipe to be laid upon the right of way and between the
<br />points indicated upon the blue print aforesaid, under the supervision of the Chief Engineer of
<br />the Belt Line, and will restore the right of way after said pipe has been laid to the condition
<br />which will he satisfactory to said Engineer.
<br />
<br /> 2. It agrees to indemnify and save harmless the Belt Line from any and all claims for
<br />damage for injuries to persons or property caused, or claimed to have been casued, by, or du~-
<br />lng, the laying;of said wa~er main, by or in connection With the laying of said main, or in the
<br />excavation ther~foY, including as a part of said damage any cost or expense, including attorney's
<br />fees, to which the Belt Line may be put to defend such claims, provided that in the event any.
<br />such Claim shall he asserted against the Belt Line it will im~ediately notify the City of Ports-
<br />mouth by letter, addressed to its City Manager, of such claim, in order that S~d City may de-
<br />fend the same.
<br />
<br /> 3. That upon sixty days' notice in wrttin~ being given to it by the Belt Line, it will,
<br />at its expense, remove its said water main from said right of w~y, or will remove the same to
<br />such other loc~tion on s~id right of way as said B~tt Line may designmte, and will restore said
<br />~ight of way in either event to the said condition as it was before said water main was removed,
<br />~r was removed and relaid, and will indemnify said Belt Line from all claims tc damage for in-
<br />juries to persons or tO property caused or claimed to have been caused by the removal of said
<br />water main, or by ~he removal and re-laying of the same, including as part of said damages all
<br />costs, including attorney's fees, to which t~he B~lt Line may be put in defending the same, pro-
<br />vided, however, that in each cmse.notice to.-theCity of Portsmouth sh~ll be ~iven ia~nediately,
<br />as hereinbefore provided.
<br />
<br /> IT IS AGREED AND COVENANTED between the pa=ties hereto that this agreement may be terminat-
<br />ed at any time at the pleasure of the Belt Line by giving notice in Writing sixty days prior
<br />thereto of its intention so to do, by mailing the same to the Mayor or,he City of Portsmouth
<br />and to the City Manager.
<br />
<br /> IN WITNESS WHEREOF the Norfolk & Portsmouth Belt Line Railroad Company has caused these
<br />presents to be signed~ its President and its corporate seal to be hereto affixed, duly at-
<br />tested by its Secretary, and the City of Portsmouth has caused these presents to be executed
<br />by ~he President of its Council, and its corporate seal to be hereto affixed, duly attested
<br />by its City Olerk~
<br />
<br />NORFOLK & PORTSMOUTH BELT LI~ RAILROADCOMPAN~,
<br />
<br />(SEAL)
<br /> ~ttest:
<br />
<br />By Goo, S. Sharer,
<br /> President.
<br />
<br />
<br />
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