Evansville weekly journal. [volume] (Evansville, Ind.) 184?-18??, 1848-03-16
AprIcI.Es OF AGREEMENT.

Gus Sherwood and Moses Ross, of the first
part, and the City of Evansville of the Sec
ond part,
WlTNEssETH, That the said parties of the
first part for and in consideration OF the cove
nant and agreement hereinafter mentioned. TO
be performed and abided by on the part OF said
city, hereby covenant and agree TO and
with said city to construct a wharf on the dark
of the Ohio River, IN front OF said city, from
the upper side Of Walnut street to the middle
of Division street. agreeaby to the second plan
submitted bi Francis Cleavtland, August 9th,
1917, providing for the cutting down of Water
street 10 AZ feet, or feet below the first plan
submitted bv said Gieaveland said plan 10 be
subject to deviation thrrefrom in this that said
parties of the first part are 10 cut down said
Water street so much lower than is provided
for BY said plan as the Common Council shall
direct.
The said parties of the first part, agree to do
and construct the work of the several blocks
embraced by SAID wharf, at the following esti-
mates and prices, towit
For all embankment made from earth exca-
waited from the bank of the river, Water street
and the cross streets running into Water street
and adjacent to said wharf. % cents per cubic
yard, and for all elnbankrnent made from earth
obtained else where than adjacent to the wharf,
80 cents per cubic yard.
For excavation Is cents per cubic yard for
the lst I'd 81 and 4th blocks, and Is cents for
the 9th block; said blocks being numbered from
the upper to the lower end of the wharf
For gra yelling said wharf. at least 8 inches
deep, sixty cents per cubic yard.
For securing the foot of the grade with stone,
two dollars per perch of stonp.
In addition to the above prices said city shall
allow said parties of the first part for all una
voidable losses said work shall sustain during
It's constructions; provided said losses do not
amount TO more than ten per cent of the actu-
al cost of construction of 30 much of the work
as shall be done al the time any such loss shall
occur. The amount and cause of all such los
ses to b. ascrrained and fixed by the report Of
the city Eng ineer, to be appointed as hereinaf-
ter provided.
Besides constructing said wharf in accord
ance with the plan Aforesaid, the said parties
of the first part agree 10 construct six CUTTERS
corresponding to the streets leading to said
wharf. each gutter TO be - feet wide, built
of stone set edge wise, at and for the price of
s., so per perch and also a sufficient number
of proper tastenings for boats. The cost of the
materials for which to be paid for by the city.
The parties of the first part shall commence
said construction at the earliest practicable pc
ROD during the Spring or Summer of 1913, and
of December, 1880. Provided that said city
may authorize and require longer delay in the
commencement or completion of those parts of
said wharf fronting propeaty the proprietors of
which will not give their consent TO the nee
essary excavations Ill front of such property.
1t is agreed BY and between said parties, that
all the revenues derived from the use and o.
cupation of said wharf, and every part thereof,
shall 60 and belong 10 said parties of the first
part and their assigns, being the stockholders of
the same.
As soon as sixty feet in width extending
from the top TO the bottom of said wharf shall
be completed in accordance with this agree
ment and the second set of estimates and spe-
cifcdtions of said Cleaveland, the city shall
have the cost of the same estimated by the City
Engineer, who shall report the same, together
with the condition aud execution thereof, to
the Common Council, and said Council shall
then as soon as practicable, ordain and de-
declare the said wharf from the upper side of
Walnut to the mddl- of division street, to be
the only port and wharf OF saidcity of Evans
| vile, and shall pass all necessary ordinances
and laws to enable said parties of the FIRST part
and their assigns to collect Wharfage from
steamboats,, RATS and all other water crafts us
ing said wharf or any other wharf or landing
i'll front of Or belonging to said city, (saving at
all timss the rights of individual property hol-
ders on the bank of the Ohio river TO improve
ami use said property for that or anr other pur
pose The rate and amount of said wharfage
TO b. regulated by the stockholders, bat in no
event without the consent of the Common
Council of The City, to exceed the rates fixed
by thr following schedule, to wit:
For Steam Boats of 100 tons and and under
one dollar for each landing and each 24 hours
they shall use said wharf in landing. loading or
/. ~,
! 81 hours they shall lie at said wharf.
For steamboats, OF from 100 TO 200 tons bur
them two dollars for the same.
For Steam Boats over 200 tons, four dollars
for the same
For Flat Boats, fifty cents for same.
/ And for RATS and all other water crafts, at
the discretion of the Stockholders.
The said city of Evansville guarantees to
the said parties Of the first part the right 10 cut
down Water Street agreaby TO the said second
plan of the said Cleaveand, and also to cut
down all streets running perpendicular to and
on to said wharf from pave TO pave, on grade
at least as steep as the grade of the wharf, under
the direction of the Common Council, and
agrees TO indemnify said parties of the first
part and their assigns against all damages
which may be legally recovered against them
by the proprietors of adjacent property in con-
sequence of the cutting down the same as alore-
said, and 10 exempt the property OF said parties
of the first part and their assigns in said wharf,
from all City rates and taxes of all kinds what
SOeyer.
And the said parties of the first part agree to
cut down and excavate said Water and other
streets agrteably to the plan above referred to-,
with any notifications of the same which may
| from time 10 time during the pre- gress OF said
work be ordered by the Common Council ofsaid
| City.
| II is further ordered that from the time said
wharf shall be declared tn port and wharf of
the city as hpreinbrfore provided, the guarran-
tee of the city hereinafter mentioned of ten
| per cent. per annum, on the cost of construc-
| ton shall comm nee upon the portion complet-
ed. and as often thereafter as not less than one
hundred feet in width measuring as aforesaid
shall be completed. the work Of the same shall
be estimated as above provided for, and if the
same shall be favorably reported upon by the
| city engineer, the said ten per cent. upon the
cost thereof shall attach.
The City of Evansville agrees to guarantee
to the said parties of the first part, that the
revenues accruing from said wharf from the
| use thereof as herein before mentioned and ,ro