Minutes 10/10/1918 - Laserfiche WebLink

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