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ACL0028-Water Main-Summerlin THIS AGREEMENT, Made and entered into this ~_~_.day of ___~elY~l]~4M~ ............. by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a corporation created and existing under and by virtue of the laws of the State of Virginia, hereinafter for con- venience styled the Railroad Company, the first party, and the__ _../{i~V_./~'. ~ ......................................... a municipal corporation under the laws of the State of F~ ................ the second party: WITNESSETH, That the Railroad Company, for and in consideration of the sum of One Dollar to it in hand paid by the second party, the receipt whereof is hereby acknowledged, and the performance of the covenants hereinafter contained on the part of the second party, does hereby give and grant unto the second party the right and privilege to lay and maintain, for the purpose of a water min~ a liae of 6-irish steel pipe aeros~ the right of way and underneath lleeca B~anoh wain t~aek at 8u~merlin Avenue, Sanferd, Fleeida, at a p4~t /+~5 feet westwa~dly, m~awared ale~g ~he center line of said ma~u ~raek, fr~ mt.lc po~t as ~hown I~ rea en the blae prin~ attached heeeto a~ made a pe~t hea. eef~ said of way being 25 feet wide on each side of said eentar line. rate DocUmentary Tax Stamps am~ ,~1 Contact on file in oli~ to ~r~, ~ ~nt at Wilmington, ~' Real ~s~e ~.- And the second party hereby covenants and agrees with the Railroad Company in consider- a~on thereof, as follows: (1) 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 thc 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 damages and losses caused in any manner from the said pipe, howsoever resulting. (3i 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 improvements 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. inc!uding 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 lull 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 ether means while said pipe is b~ing placed thereunder. (~S) That t~e porf~on of sai~ line of pipo unde~noath said track and roadbed ~hereof sh-~ bo mod b~ and at ~he pipe eoaduit plaood at a niaimm ~pth of ~8 inches belov ~he base of ~ail of sa~d traekp or net les~ than 12 inches belew the bo~tea of the Rall.-oad ~'s ~ead- bed ditehee--qdd~eve~ depth ua2 be the lewe~-uoamn'e~It being %0 the t~ ef said It is understood and agreed that this contract shall not be binding until it has been ratified by proper ordinance or resolution of the ...... ~.~y___~.~_S .................. of the second party, a copy of which resolution or ordinance is attached hereto and made part of this agreement. IN WITNESS VgHEREOF 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 its Mayor, attested by its Clerk, and approved and ratified by its..Cit4~_ ~-~j.,anir~a_ 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. Witness~for ~cond Party: - By /~~ ~k. Approved: Approved: Approved: ~dneer I4r~tntenance of Way ~verlntendent (leneral Superintendent Approved and Description Checked: Mn-ofer Real Estate Department Approved as to Form: Division Counsel Approved as to execution: Division Counsel {xtracts from minutes Of leettag held on the //':~ day of RESOLUTION Be it resolved by the ..... (lt~___C~i~.~ ............. of the ...... ~J.~_ of ....... - ..... in ..... I~~ .................... assembled, that the '~~ ..................... be, and he hereby is, authorized to enter into an agree- ment with the 4~- ~ ~ ...... RAILROAD COMPANY, and to sign same on behalf of said . ._~ ..................... ], whereby ~e a~d ~ ~ gives ~ ~ants ~o ~e said City the r~g~ ~d priv~ ~o ~ ~ ~in~ f~ ~e P~e of a wat~ mia, a l~e of ~ et~l pt~ ae~ss ~e ri~t of ~v ~d ~nea~ ~e ,'~cca Brach ~n ~aQk at ~,a~ Ave~e~ ~o~ ~leri~, at a ~t 475 feet ~estW~ly, ~ al~g ~e eea~ l~e ef sa~ ~ ~k~ frem ~e ~t ~-~; as ~e ~tic~ly desepib~ ~ s~ a~e~t, ~h a~nt is ~ted Sept~b~ ~, 1954. I certify the~correct copy. /~z/ Clerk.