R. C. P.
<br />
<br />October 10, 1918
<br />
<br />such purchases
<br />as here i~bove
<br />~nd the County
<br />quired by The Bureau.
<br />
<br />or construction, or the fair value of the property determined by arbitration
<br />provided, for the better securing of which said lien, the City of Portamouth~
<br />of Norfolk will give such other or f~ther assurances as may be reasonably re-
<br />
<br /> TEi~H: In order to termiha~e the said lease of the ferries to the Ferries Company, the City
<br />of P~--l-~uth and the County of Norfolk agree that the apur~isA1 of the property by five ar-
<br />bitrators, provided for in said lease, shall, with the consent of the Ferries Companv, be had
<br />when the operation of the ferries is taken over by The Bureau, as provided herein instead of
<br />at the termination of the lease as therein provided, in the s~me manner as if the lease had
<br />regularly expired at the time the operation of the ferries is taken over by The Bureau; and
<br />the City of Portsmouth and the Co%u~ty of Norfolk Further agree tD~t the ferry steamers ~New
<br />York~ and ~Roekaway,~ now ~sed by The Ferries Company, are not to be included in said appraisal.
<br />
<br /> If, as a result of said appraisal it shall be determined tD~t any moneys are due the Fer-
<br />ries Compan~ in accordance with the present lease agreement with said Ferries Company, the pay-
<br />ment of said moneys so due shall be assumed and made by The Bureau, the same to become a
<br />against the City of Portsmouth and the County of Norfolk, known as the ~'Lease Appraisal Debt~w
<br />as above set out; and it is further provided that should there be found to be, as a result of
<br />such appraisal, any moneys due to the said City of Portsmouth and County o£ Norfolk from the
<br />Ferries Company, said moneys so found to be due are to be paid to The Bureau, and said Ferries
<br />Company is hereby authorized and directed to make such payment to'The Bureau, taking its re-
<br />ceipt therefor, which said mo~eys so paid by the Ferries Company are to be used by The Bureau
<br />in the purchase of necessary equipment, facilities and improvements for the ferry serv±ce afore-
<br />said.
<br />
<br /> Ei~VENTH: As ~he Bure~ will operate the ferries for the Sol~ benefit of the City of PortsM
<br />mouthan----~ County of Norfolk, all loss of, and danger or injury to the property shall be
<br />borne by the City of Portsmouth and the Co%u%ty of Norfolk and they sb~lt i~%demnify and save
<br />h~rmless The Bureau from all claims which may be recovered against it in conuectionwith its
<br />operation of said ferries; and it is hereby specifically provided that in case of any loss of
<br />property or injury or damage thereto, such loss or damage may be supplied or remedied by The
<br />Burea~ and after the application of an~ insurance covering the s~e, whether paid to The Bureau
<br />or the City of Portsmouth and the County of Norfolk, the balance shall be paid out of the pro-
<br />,its of said ferries in excess of the annual amount of One Hundred and Thirty-~ive Thousand,
<br />Two Eundred ($158,200.00) Dollars and the amount so taken from said profits, shall not be counted
<br />as a credit on the payment of the indebtedness due The Bureau.
<br />
<br /> TWELFTH: The City of Portsmouth hereby grants and conveys, so far as it has power, to The
<br />Bu~au,-----~right to use the end of Queen Street and the end of High Street in the City of
<br />Portsmouth, for the bui_Gir~ of docks, wharves or othe~ equipment for use in connection with
<br />the said ferries and also hereby gives The B%u~eau the right to demolish or remove az~v and all
<br />buildings or structures now on the ends of said streets belonging to the City of Portsmouth or
<br />over which it has' the right of control.
<br />
<br /> The City of Portsmouth hereby further g~ants, so far as it has the power to The Bureau,
<br />the right to ~se,during its operation of said ferries, the end of Lincoln Street in the City
<br />of Portsmouth as a wharf or landir~, and it is hereby agreed between the parties hereto that
<br />The Bureau may, if it desire, establish and operate for and on behalf on the City of Portsmouth
<br />and County of Norfolk, a ferry between the Navy Yard, or Lincoln Street, on the one hand and
<br />the City of No~folk on the other; if the said fer~V is~ stabtished and operated, it shall be
<br />established and operated in accordance with all the terms, precisions and ¢onditior~ hereinabove
<br />set forth with reference to the ~erries now being operated and to be taken over by The Bureau;
<br />the rates~ on such fer~y are not to be less than the rates which may obtain on the ferry between
<br />Norfolk and Portsmouth.
<br />
<br /> In testimony whereoD the United States of America acting~by The Bureau of Industrial Hous-
<br />ingand _~%~ansportation of the Department cf Labor, has caused this instr~uent to be executed
<br />in its name and on its behalf by the Director of said Bureau, aud the City of Portsmouth has
<br />caused this instrument to be exec. uted in its name and on its behalf by J. T. Ha~nvey, the Presi-
<br />dent of the Council of the City of Port~mouth and its corporate seal, hereto affixed, attested
<br />by ~. C. Brinson, Clerk of said Council thereunto duly authorized by re~olution of the said
<br />Co~ucil, passed October 10th, 19t8, and the County-of Norfolk has caused ~his instrument to be
<br />executed in its ~e and on its behalf by ~. H. Rodms~, the Chairman of the Boa~d of Supervi-
<br />sors of the County of ~Norfolk and the seal of said Board of Supervisors to be hereto affixed,
<br />attested by C. Tayloe Gwathmey, Clerk of said Board of Supervisors, thereunto duly authorized
<br />by resolution of the said Board passed October ll%h, 1918, all in triplicate, the day and year
<br />first above written.
<br />
<br />UNI~ STATES 0F A~RICA
<br />BY THU~ B~AU 0F INDUSTRIAL HOUS-
<br />ING AND TRANSPORTATION 0F THE
<br />DEPART~HI.~T OF 'LABOR
<br />
<br />Director.
<br />
<br />CI_~f OF PORTSMOUTH, VIRGINIA
<br />
<br />Attest
<br />
<br />Clerk of Cottucil
<br />
<br />President of Council.
<br />
<br />COUN%~/ OF NORFOLK, VIRGINIA
<br />
<br />Attest By
<br />
<br />Clerk of Board of
<br />Supervisors."
<br />
<br />Chairman of Board of
<br />Supervisors, County of
<br />
<br />
<br />
|