HomeMy WebLinkAboutACL0029-Sewer Main-2nd & Cedar S-1M 1-54
i~At~T ONE---l~orm 3530
THIS AGREEMENT, Made and entered into this ~. day of -~- -$~---~- ........ , 19__~__,
by and between the ATLANTIC COAST LINE RAILROAD COMPly, a co~orafion creat~
and existin~ under and by vi~ue of the laws of the State of Virg~, here~ for con-
venience styled the Rai~oad Company, ~e ~st p~ty, and ~e ............ ~_.~__~
............................................. a mu~cipal co.ration under the laws of ~e State
of ~ ........... , the ~cond pa~y:
WITNESSE~, That the R~lroad Company, for and in co~d~aUon of ~e s~ of One
Dollar to it in ~nd paid by the second p~y, ~e receipt whereof ~ he.by a~owledg~, and the
pe~ormance of the cove~n~ her~ter con--ed on the part of the second party, does hereby
give and ~t unto ~e ~cond ~ the ~¢ht ~d privilege ~o lay and maintain, for ~e p~ose of
a .e~ ~ a~e ~ ~h r~f~ ~crete pl~ ~ss the r~ ef
at a ~t ~9~ feet ~ ~ at ~, ~lda, at ~ ~,
r~ C~a ~ack ~3, fr~ ~e pc~t of switch at ~e ~ti~ of ea~ ~
wi~ the ~i~d C~pany's ~ track, ~ich po~t of awi~ is ~2~ feet
~dly ~ ~le poet 7~ as aho~ ~ red on ~e blue prat attaeh~ h~to
~e a ~ h~eef; aaid right of ~y be~ as ~dlc~ted oa e~d blue
And the second party hereby covenants and agrees with the Railroad Company in consider-
anon thereof, as follows:
(I) That the second party shall lay and maintain said pipe in a manner satisfactory to the
Engineer Maintenance of Way of the Railroad Company and so as not to interfere with pipe
or other structures now in place; and in the event that the said pipe shall become in need of repairs,
the second party shall repair same upon notice given by the said Engineer, and upon the failure
of the second party to make such repairs the Railroad Company may make all necessary repairs,
but at the cost of the second party, which said cost the second party hereby agrees and promises
to pay on demand.
(2) That the second party shall assume entire responsibility for all damages caused in any
manner by the said pipe to the property or employees of the Railroad Company or to any other per-
son or property; and that the second party shall protect and save harmless the Railroad Company
from any and all dsmages and losses caused in any manner from the said pipe, howsoever
resulting.
(3~ That the second party will at any time, upon thirty days' written notice given by the
Railread Company, change and alter the location of said pipe to conform to any changes or
improvements that may be made by the Railroad Company in its tracks or roadway at sai~
location.
It is expressly understood and agreed that no assessment shall be made against the Railroad
Company to cover the cost (or any part thereof) of construction and/or maintenance of said pipe,
including material, labor and any other item of expense incident thereto.
(4) That the second party will pay t~ thc RvAlread Company, on bills rendered by the Rail-
road Company, the ~uI1 amount of aH cost and expense which may be incurred by the Railroad
Company in protecting its track or tracks by dr~ving piling or by other means while said pipe is
b~ing placed thereunder.
pART ~WO~Form
1 ~ot be Binding until it has been ratified
d that this contract shal C:t~' (~11~_..._!~_.~ __of t~e seCo~d
roper or~n~ce or . or ordinance ~s attache ..~od this agreement to ~ .~,
b2 P .... of which resolutmn '" ~d Company h~ cau~ ~ .~ s~e to be ~ed
p~y, a coFz -~ ~.~EREOF The Raxtro~ ~ ~a~v has caUseC ~.~e in session
~-~ ~TNE~ '~ -~d the secon~ ~ ~ .~4~
A~ ~- officer; ~" ~ ~., ;+~ ~v-~-- - ......
· ~cate 'by its prop~ d and ratifiea u~ -- --,' I ~ed on the ~a~
in dup~ .- ~lerk, and approve ' its corporate s~
Mayor, attest~ by xts ~ - -;~- of said bodY, an~
at ~ duiy authorized ~d ca~e~
year fi~t above w~tten. A~TiC COAST ~NE RA~ROAD COMPANY.
Witnesses for Railroad Company:
ApprOVed: ..................
~__~_~~~uatntenance oi WaY
Appro¥etl:
Approved:
Approved and. De~e~ipti. on Checked:
ApprOVed as to Form:
Approved as to executiOn:
S-1M 6-54
PART TttREE--Form 3§30
Ex facts from minutes IId'._l~M~__~l~__lJJ.~r_llllil,~.~a.~__of_jlla~..~,l~..ir[.~.~a~Ada,
,~,ola o1~ the J'f_A day of _"~-~,7~ ~9 ~..
RESOLUTION
Be it resolved by the ....
o[ t~a~l~, l~J.~rida~ ..... in x-sglllar_~ ..................... assembled, that the
................................. be, and he hereby is, authorized to enter into an agree-
ment with the A2JA}t2IC-t'-a,~_J~l]~. ........... RAILROAD COMPANY, and to sign same on
behalf of-said ~ .................................. , whereby
P~ ~e t~ r~t of ~ ~d ~dernea~h tr~ of ~ ~d ~ at
~, ~, at ~'
Clerk.