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HomeMy WebLinkAboutInternational & Great Northern Railroad 05.10.1911I q ll TrAt �Af �E 5 Form 1734 Int&national & Great Northern R. R. Co. TXOYAfi J. IRMUN, R"Wvw. San Antonio, May 10th, 1911, File 1�.,--D. Mr. J. D. 'Jinkins, Agent., Georgetown, Texas. Dear Sir :- Herewith cope of agreement and blue print, with the City of Georgetown covering spur track recent- ly constructed to serve -their water power plant. Acknowledge -receipt. Yours truly, Dict. AF/'W tdl V -U THIS CONTRACT AND AGREEMENT, mad -e, and entered into this the.___­_.1_­ .. . .. . ..... . .......... . ... h 11 day of . ... ... 71- rc19 by and between Thomas J. Freeman, Receiver of the International & Great Northern Railroad Company, as such Receiver, party of the first part, and_.. .... .. . . .. .. . ..... ... ___THZ 'CITY or G10RQXTQWX... .. . ....... y of the second part, WITAIESSETH: That the party of the first part and the party of the second part have mutually agreed an follows: The party of the first part agrees that he will cause to be built spur tracks from the main track of the In- ternational & Great Northern Railroad, at a pointum Off of 0041 bin Vraal,. 'town* Toxas ...... ............................... ..... ...... . ... ........ �­­­­­­­ ............ ... ............. .......... .......... - .... .. ........... �71­11­ 7-1 .. ..... .......... .. ... ...... ...... ... ... ... .... .... ........... .. ........... .............. ............. ......... ........... ........ . OTTY OF GIORGSTM n to the site of the ' - � of the party of the second part, which said spur tracks will be approximately about 5 Q hurALrj:i . . . . . . . . . . . - . .. . ........ ......a .....0 ... ........ j" ezt INI lengt*m Said 1­pur tracks being indie0,Ad nr4 0* forth on the blue print hereto attached and made a part of this agreement. rivet 1. It is expressly agreed and understood that the party of the.. part is to furnish, at its own expense and cost, all of the cross ties and switch ties that may he neeessary to lay and hereafter maintain said spur tracks. Said party of the .......... . .-part agrees to do all grading, bridging and filling at its own expense and cost that may be necessary to prepare the dump of the grade upon which said tracks are to he laid, and it is to hereafter maintain and keep all of said tracks that may be located off of the right-of-way of the I. & G. N. in good condition and repair, and is to do all of the work hereafter necessary to the maintenance of so much of said spur tracks as may be located or situated off of the right- of-way of the 1. & G. N., and is to pay for the necessary cross ties and switch ties that may be necessary to maintain and keep so much of said track as is off of the right-of-way of said 1, & G. N. in good condition and repair. 2. The party of the first part upon .his part agrees that he will furnish all the material and supplies, Including rail, spikes, bolts, nuts, switch -stands, etc., in other words, all material and supplies necessary to lay said track, and will perform all the necessary labor at his own expense and cost in laying said tracks. The party of the second part hereby agrees to furnish, at its own expense and cost, an easement on the land over which said spur tracks are to be constructed for the right-of-way for said spur tracks, out- side of the right-of-way or land of the railroad company, ziaid right-of-way to be furnished free of cost to the party of the first part, unencumbered, anti to be under the absolute and exclusive control of the party of the first part during the time said spur tracks are being maintained and cars operated thereon under the terms of this agreement, and to be of a width not less than seventeen (17) feet for each single track or branch thereof. The party of the second part further agrees to hold the party of the first part, his suc- cessors or assigns, free from all damages to adjacent or abutting property by reason of the construction and maintenance of said tracks and the operation thereon of engines, trains and cars, all of which damages said party of the second part hereby assumes and agrees to pay. Said party of the second part covenants to warrant and defend the title to said right-of-way unto said party of the first part, his successors and as- signs, and that such right-of-way shall be free of all liens, and the party of the first part is free of all damages aforesaid. 4. It is hereby mutually agreed that all of the said rail, switch fixtures, fastenings, ties and switch - -t:es, * whether furnished; Vf"the -'party-W-t-hetirsi part�orparty -o the second part; tarimg-the--existence -of this -- agreement, and at all times hereafter, shall be the property of the party of the first part, and also that the party of the second part shall have no right or title to ownership in said spur tracks or in the rails or other material with which said spur tracks are laid. 6. It is hereby further mutually agreed that the said tracks, when completed, are to be used by the party of the second part for the purpose of receiving and shipping its own freight, with this reservation, to. wit: The party of the first part shall have the right to use said tracks for the business of the railroad company, or for the business of any other persons or shippers, provided the business of said other ship- pers can be done on said tracks without serious detriment or inconvenience to the business of the party of the second part. 6. It is further agreed that in the event the party of the second part shall, for any cause, discon- tinue or abandon the business to be done on the said spur tracks, then and in that event this contract shall be considered as terminated, and the party of the first part shall have the right to take up said tracks and remove the materials therein, without hindrance or molestation on the part of the party of the second part. 7. It is further agreed that the party of the second part, its successors or assigns, shall have no re- course at law or in equity against the party of the first part on account of said tracks being taken up and materials moved away, as provided herein. 8. It is further agreed that the party of the second part shall have no right or authority to sell, lease or convey, or in any form assign to another party, the right to use said spur tracks, without the con- sent of the party of the first part, his successors or assigns, in writing, authorizing such an assignment or transfer to be made, and any and all persons, associations, corporations, receivers or others who, by trans- fer or otherwise, take or succeed to the rights of the party of the second part, or who may use or occupy the same or any part thereof, whether by consent of the party of the first part or not, shall be bound by all of the terms and conditions of this contract from beginning to end, and shall be held to have assumed all liabilities thereunder as they would apply to and bind the party of the second part. 9. Said party of the second part hereby further stipulates and agrees that in consideration of the aments herein contained to be kept and performed by the party of the first part, that it will and does by release said party of the first part from any and all liability for property or premises of the party he second part, destroyed by fire contributed in any manner by locomotives operating upon said tracks, I will indemnify, protect and forever save harmless the party of the first part from any and all liabilities, .amages or claims for damage from fire on said premises, whether the fire results from negligence or not. - Said party of the second part hereby assumes all risk of fire caused as aforesaid by any means and in any manner, and all liability for property destroyed on said premises by fire caused by or contributed in any manner from locomotives operating on said tracks, except property of the party of the first part, and will re- mid party of the first part for all amounts expended in defending or adjusting claims or suits for aperty so destroyed on said premises, as aforesaid, by fire, however caused, including claims and .ments by insurance companies on the property so damaged or destroyed by fire. Said party of the end part hereby further agrees- to release the party of the first part from any and all liability for dam - which may occur or be done in any other way to the property of the party of the second part by the of the first part, or his employes, while operating locomotives and cars upon said tracks under this *ent. 'zid party of the second part agrees to keep its premises at and near said side-tracks clean and nmable .natter, as its bui Less will permit, and will erect no buil ings or platforms upon eatd right-of-way nearer'than seven (7) feet from the rails, and will in no manner do anything to interieie • ti with the proper operation of the trains of the party of the first part. 11. The said parties hereby covenant and agree to carry out faithfully the stipulations of this con- tract, and to comply with all the stipulations and covenants contained in this contract, and, subject to the rights of termination as herein agreed upon, and upon the terms, conditions and stipulations as herein set forth, this agreement shall continue thereafter upon the same terms for a period of five (5) years from date hereof, and shall continue thereafter upon the same terms and conditions and rights herein granted and declared, until it is terminated upon the giving by either party to the other of thirty (30) days' notice in writing of its desire to terminate the same, and upon the giving of such notice this contract shall, thirty (30) days thereafter, terminate. This contract is executed in triplicate. IN WITNESS WHEREOF, the parties have hereun ands the day and year first above written. Receiver Internotional & Great Northern Railroad -, Comp Y• �o a� Industry .Track Contract