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HomeMy Public PortalAboutORD04832 434. t'JiiTMEAS) the parties hereto desire to set forth in wirting an agreement reached between them whereby Lhe land desired for use n.s a right of way for said street will be made available to the City by the surrender of said lease on the tract hereinabove described and the rejaoval of its buildings, tanks, punrps, pipes, tools, machinery, apparatus, eouipment and facilities and the relocation of the same; NOW, TH',REFORE, in consideration of the premises the parties hereto c gree as follows: 1. After the execution of this contract by both parties Phillips agrees to make and execute a mutual cancellation of its lease on the tract of land hereinabove described with Iiissouri- Pacifie Railroad Company, such cancellation of its said lease to be effective when its building and all of its tanks, pumps, pipes, tools, machinery, apparatus, equipment and facilities of every kind have been removed from said leased premises, and agrees to request ". ssouri--Pacific Railroad oompany to execute such :;iutu@l cancellation agreement. If and when the said lissouri-Pacific Railroad Company shall properly execute such mutual cancellation agreement Phillips agrees, as soon az thereafter as practibable to let a contract for the removal of its buildings, tanks, pumps, tools, machinery, apparatus, equipment and facilities from said leased premises to such other location or tracts as Phillips may devignate, and Phillips agrees to request the contractor to commence such work as soon as pbactivable and to carry on such work diligently and in a workmanlike manner and to i_ omplete the removal lereof within areasunable time. I" consideration of the covenants of Phillips as hereinabove contained the City agrees to pay to Phillips, toward the expense of removing and relocating its building, tanks, pumps, pipes, tools, machinery, apparatus, eouipment and facilities, the sum of THIRTY-SEVEN HUNDRED DOLLARS ($3,700.00) in cash, such payment to be made by the City to Phillips within thirty (30) days following the completion of removal of all Phillips property as aforesaid from said leased premises. Section 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed Se tj.10, 1946 Approved 2(lO 1946 Jesse I, . Owens Jesse 1•T. Owens President of the Council Mayor Attest: B. W. Ells City Ulerk #4832 AN ORDINANCE AUTHORIZIP.G TIRE M AYOR OF THE CITY OF JEFFERSON 111I SSOURI I A 1.1UNICIPAL CORPORATION, TO SIGN AND EXECUTE A CERTAIN LICENSE ON THE PART OF THE CITY OF JEFFERSON, MISSOfIRI, AS HEREINAFTER SET OUT. BE IT ORDAINED BY THE CITY a'UNCIL OF THE CITY OF JEFFERSON, AS FOLLOWS; Section 1. The I'layor of the City of Jefferson, M"ssouri, a municipal corporation, is hereby authorized and directed' to sign and execute on behalf of the city of Jefferson, 1:ii ssouri, a certain license, the terms of said license to be as follows, to- wit: THIS I^ySTRUI`EFT, executed in duplicate, 1946, WITNESSIT:I: The indersigned C`'rrier hereby grants but on solely the herein expressed terms and conditions, and the undersigned licensee (a municipal corporation) , to be addressed at Jefferson City, Missouri, hereby accepts, permission to install, keep and use, for 435 c nvey.int; sewnt�e, the Licensee ' s own t)tie cert,,j In proposed continuous line of cast iron and vitrified tile p1pe, b inches in diameter, and pppurtenanees, including, herein called pipe line, on the Carrier' s property, herein called Premises. Pipe ]Line will be used for conveying sewage from subdivision to main sewer. Pipe line shall intersect Carrier' s existing main track, Pagnell Sub-division, in N. F. 1 of Section 12, T44 N, R 12 W. Cole '-ounty, M ssouri, st :Wgxx Jefferson City. Approximate location of Pipe Line is indicated by Heavy white line on Exibit A attached hereto as part hereof. � . Licensee shall furnish or do at Licensee' s own cost and responisbility any and all t t ings rind when and as from tiie to time required to accomplish whatsoever tine Licensee r,ttemots or is bound to do at any other time hereunder. Licensee shall adJust Pipe Line to any physical change as made at any time in any of Carrier' s pro- perty; at all times keeping upper surface of Pipe Line at least four and one-half feet below bottom of rail thereover. Licensee shall cause Pipe Lyne before being used for anything lnflamabable, to confirm substantially to Exebit B attached hereto as part Hereof. Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as �- ell as of any State, Federal or I,,'unicipil authority. Carrier :;iay acting for Licensee furnish or do, and Licensee shall pay and bear the cost of, anything whicii, herein required of Licensee at any time, either shall not be :fxxx# furnished or done within t.en days following Carrier's written re- quest therefor or shall be undertrken by Carrier at Licensee' s re- quest; end Licensee on request shall in advance deposit with carrier the estimated cost thereof. If deposit ie less than actual cost, Licensee shall pay difference; if more, Carrier shall repay diff- er,--nce. Licensee when returning this licnese (signed) shall pay to Carrier ten dollars for preparing it. Any other payment shall be made :-ithin twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foreman, plus 10% to cover accounting and supervision, Carrier' s cost price of r,11 materials f.o.b. Carrier's rails, plus 10$ to cover handling and accounting, plus freight bt tarriff to point of use, and excise taxes applicable to said labor and materials. Carrier may connect with end rlix disc"large sewerage into Pipe Line while serving as sewer. 2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including att rney' s fees) , l.os-ses and expenses, in eny manner resulting from or arising out of the laying, maintenance, renewal, repair, use or existence of Pipe 'line, including the breaking of the same or any leakage trserefrom, and (b) assume all risk of loss or damage to Pipe Line and the contents thereof regardless of .pow caused. 3. Term hereof shall begin with 1 19461 and continue thereafter until concluded (1st) by expiration of ti:$kty days following serving , by Licensee on Carrier, or vice versa, of written notice of intention to and term her..eof or (2nd) , at Carrier' s election without further notice, by expiration of six months without tine Pipe Line having been installed or by Licensee failing (a-1) to cure any default or (a-2) to show statutory right to install Pipe Line (b)within thirty days following Carrier' s written request therefor. Any notice of Carrier shall be deemed served tdien posted xxn$-v ennspicuously on Pipe Line or when deposited, postage prepaid, in U.S. xx mail n6dressed as aforesaid. V of later than last day of term hereof Licensee shall remove Pipe Line and restore Premises. ny of Pipe Dine not so remcued shall at Carrier' s election wit?gout"notice be deemed abandoned. Uovenants herein shall insure to or bind each pa•rty' s heris, legal representatives, successors and assigns; pro- vided: no right of Licensee shall be transferred or assigned, @Jtil, .. volunt:arlly, or invol::ntarily, except by express agLreeinent acceptable to Carrior. 'Carrier or Licensee may waive any default at any tiie of tide other without affecting, or irupairing any right arising from any subsequent (.efault. '.ngned: C.1­ n . yhompson, Trustee ?'issouri Pacig@ic Railroad Coiupayy, _lebtor, as Trustee )r,d riot individually.