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HomeMy WebLinkAboutACL0026-Sewer Main-Locust Ave ~i-lx~ AGREEMENT, Made and entered into this ].~f~ day of .~u~ , 19 ~, by ant]. between the ATLANTIC COAST LINE RAILROAD COMPANY, a corporation created emd existing under and by virtue of the law3 of the State of Virginia, hereinafter for con- venience sty]ed the Railroad Company, the first party, and the~ ~ ~ ~ ................ a municipal corpora~on under the laws of the State of ~ .......... the second party: WITNESSETH, That the Railroad Company, for and in co~ideration of the sum of One ~ Dollar to it in hand paid by the second party, the receipt whereof is hereby acknowledged, ~d the performance of the covenants hereina~er contained on the part of t~e second Darty, does hereby give and grant unto the second pa~y the right and privilege to lay and miniain, for ~e p~ose of n~ ~e ~ of e~dR~C~ at ~o~, ~a, at a ~t feet ~~ ~ ~ ~e m~ ~ of ~e ~ ~ ~ ~ ~ ~e ~t ~; to~er ~ ~e ri~t ~ prince to eon- at.ct ~ ~ a ~e ~ f~t ~r~w~, ~ at r~t ~le., s~d ~r ~ ~ as ~ ~ r~ oa ~e Blue ~t at~ h~to a ~ ~ ~d.r~t of ~ ~ ~ ~o~ oa s~ at~ blue And the second party hereby covenants an'l agrees with the Railroad Company in consider- ation thereof, as follows: (1) That the second party shall lay and main ain said pipe in a manner satisfactory to the Engineer Maintenance of Way of the Railroad ~ompany 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 gven 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 aaid co;t 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 d~mages and losses caused n m~y manner from the said pipe, howsoever resulting. i3) That the second party will at any time, upon thirty days' written notice given by the Railroad Company, change and alter the location of said pipe to conform to any changes or hnprovements that may be made by the Railroad Company in its tracks or roadway at said 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 to the Railroad Company, on bills rendered by the Rail- road Company, the full amount of all cost and expense which may be incurred by the Railroad Company in protecting its track or tracks by driving piling or by other means while said pipe is being placed thereunder. It is understood and agreed that this contract shall not be binding until it has been ratified by proper ordinance or resolution of the ...... ~ Casi~t~.~.a . of the second party, a copy of which resolution or ordinance is attached hereto and made part of this agreement. IN WITNESS WHEREOF The Railroad Company has caused this agreement to be signed in duplicate by its proper officer; and the second party has caused the same to be signed by it~ Mayor, attested by its Clerk, and approved and ratified by its~lt~ ~al~d.~e&ol~,s in session at a duly authorized and called meeting of said body, and its corporate seal affixed on the day and year first above written. Witnesses for Railroad Company: ATLANTIC COAST LINE RAILROAD COMPANY. Witnesses for Second Party: ~ ~ Mayor Attest: Fla. doc-~tary s~amp - 1~ ~f/ Cl~k. Approved: ]~Miineer Maintenance o/Way Approved: Superintendent Approved: General Superintendent Approved and Description Checked: Division Counsel Approved as to execution: Divisian Counsel Extracts from minutes of held on the___~[.-~f----day o! RESOLUTION of.___~~~*- ..... ~n F%~_l.,..~4___. ....- assembled, that the ~ ................................. be, and he hereby is, authorized to enter into an a2ree- ment with the-----~l,~'T~lll~']ll (Ioa~P ?.TII~ .... __RAH.ROAD COM13ANY, and to sign same on behalf of said §i~ ., whereby the I~ l~Llr~ ~ ~ ~elweee efa ee~er, · ~ of 12-:~ah te~ra eatta pipe aerobe ~he ~h% of wey a~d mld~th the tracks of ~ Railrea~ Ce~a~ at ~a~fe~I FAeeida~ at a pefAt ~ feet wostwurdl2, measured alea~ the eeater Line of the 8eAA ~ ~eapan~'s hain track from Bile post UA-'/71! tegethe~ with the fight ami pt~vllefe te eeesta~ and naintala a nankold ~ feet northward_~y, ~ ~ a~eeaeat is dathd J~, 16, I certify the above to/bc~a true and correct copy.