Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-09-29

And the party Of the second part hereby
binds and obli9ates itself to use the prem
ises in the manner aforesaid, and not 9TH
erwise, and to permit the equal and uni
form use by the public of the elevators it
may erect, without let, hindrsnce or dis
crimination in favor OF, Of against any
boats, or line Of boats, railway or conbi-
nation Of railways, OF any vehicle or yes
sci, or line Of vehicles or vessels, or per-
son, or corporation, in the use Of the
same, subject only to the rules and regu-
lations herein prescribed and to be
prescribed in pursuance Of the au-
thority hereby granted, and during the
entire term of this lease. And, In case any
such discrimination is made, Il shall be
lawful for the party Of the Arst part to
bring IN action in any court having juris-
the fact tried, and If upon such trial 1t
shall be found that the party Of the sec
ond part has been guilty OF, Of has per-
mitted any such discrimination knowing
ly, hen and in hat event the party Of
the first part shall be entitled TO, and
Judgment shall be rendered In its favor
and against the party Of the second part,
for the sum of one Thousand dollars, be-
sides costs OF suit, for each and every
breach so found, which said sum Of one
Thousand dollars Is hereby agreed upon,
and definitely fixed, settled and lquida-
ted as the smount Of the damages to be
incurred by the party Of the second part
for each and every such discrimination
Before the erection Of any building, or
buildings, upon the said premises, or any
part or portion of the same, the party Of
the second part hereby agrees and binds
itself to to be prepared and submit
ted to the General Council Of the city Of
Memphis, full, true and distinct plans
o-I Gooffana ~ aonh a~I all Al,
structures, buildings and improvements
that the party Of the second part cnntem
plstes placing upon the said leased pre-
misses, and no such structures. buildings
or improvements shall be built OF erect
ed, or begun, until the plans and specif-
cations 30 submitted shall be approved
by the General Council.
The party of the first part reserves the
right to prescribe by ordinance, from
time to time, ss it may see proper, such
rules and regulations IS may be necessa-
~ to secure the equal and unrestricted
use by the public Of the elevators that
may be erected, and to prevent discrimi-
nations. But such rules and regulations
shall not impair OF violate the terms or
true intent and meaning of this lease.
The party Of ths second part shall have
the right, and the same is hereby granted
it, by general rules, to prescribe and regu-
late the charges to be paid by the public
for the use Of the elevators, and collect
snd receive the same for Its own use and
benefit. But no greater rate shall ever
be charged for the loading or ~unlosding
Of ordinary freight, that Ia measured or
estimated by the weight, than fifty cents
per ton. On heavy freights. such as ma
chinery, marble, stone and the like, the
compensation shall be agreed upon be-
tween the party Of the second part and
the owner Of the freight, before the hand
ling Of the freight. And for the handling
of furniture and like articles, the party
Of the second part and the owner Of the
freight shall agree upon the compensation
in like name As compensation to the
party Of the first part for the use of the
leased premises snd in lieu Of q charge
upon the elevators and their sppurten-
sncss for wharfage the party of the second
part agrees to pay, and the party of the
first part agrees to receive, the sum Of one
cent for each ton of freight raised or
at the elevators to be erected on
the leased premises; and for the purpose
II s~scertaining the sum to be paid, the
party of the second part shall report,
under oath, In writing, at the end Of each
three months to the city comptroller the
number of tons of freight Including every
kind of freight) handled at the elevator
the preceding three months; and
at the time of making such report the
party OF the second part shall pay in cash
to the city treasurer the amount due for
the freight handled for the said three
months. The party of the second part
binds and obligstes itself, during
the continuance Of this lease, adequately
and effectuRlly to protect the river front
the leased premises and the river
Of the streets adjoining the same
above and below, so as to prevent csving
or other abrasion or injury at It's own cost
and expense, to keep the leased premises
free from all name of nuisance, and to
the party of the first part harmless
nom, and to indemnify it against all
damages and losses OF every description
resulting from the location of the
elevators and their sppurtenances
On the leased premises; and
all damages and losses occ8sioned
the party of the first part, either directly
Indirectly, by the use of said elevators
and their appurtensnces by the party of
second part, or by any other person or
PERSONS.
Nothing herein contained shall be con-
strued to surrender or restrict the right Of
5he party Of the first part to lease other
of the river front for the erection
Of other elevators, or to restrict the gen.
srsl powers Of legislation belonging to
parry VI sh0 AESb phEbs Anu We party
the hrst hereby reserves the right to
and have the benefit of wharfage
rom all boats and vessels Of every de-
,criptiOn, whether belonging to the party
II the second part, or to other persons, or
that may land at the eleva-
.Ors to be erected, the same as if they had
snded at other portions of the public
wharf.
The party OF the second part hereby
binds and Obligstes itself to complete the
elevators, to be erected upon the leased
premises, and have them ready for use by
he public, on or before the first day Of
october, 1872.
The party Of the second part are in no
manner or form to carry on, or permit to
carried on, either by itself, or by any
person or corporation, or connect
Its business, the business OF msr-
liant, commission merchant, or factor.
But in case any goods, wares or nner
are placed In or about the said
essed premises, for delivery, and are not
delivered within such time as the party Of
he second psrs may, by general rules and
prescribe, not less than forty
light hours, then the party of the second
)art may charge and collect storage for
UGH goods, wares and merchandise, at
he same rates as other warehousemen,
or the period beyond Horty-eight hours,
Tot to exceed the regular Chamber of
commerce rates.
At the termination Of the lease, whether
,efore or st the time Of the expiration of
he term hereby granted, the party of the
econd part shall remove all distractions
o navigation, as well as all distractions
o the free and unobstrucsed use by the
,ublic OF the river front and wharf and
he leased premises which have ba6n
aused or created by the party of the Sec
nd part, at Its wi cost and expense And
he party Of the first part has the privi-
ege of buying and becoming the owner,
{ the expiration of this lease, of all the
improvements placed by the party Of the
econd part upon the leased premises at a
-slue to be fixed by ave d~isinterested
two Of whom shall be selected
y each n of the parties. and the nth
ne by the four 30 selected; and in case
% such purchase is made, then the party
I the second part may st any time, De-
pre- the expiration ofninety (90) days from
nd after the termination of this lease, re-
love any and all such improvements.
If the party of the second part fails or
sfuaes to report to the comptroller the
lumber Of tons of freight handled at the
or falls or refuses to pay to the
Ity treasury the compensation for the
sased premises, as hereinb before provided, |
T uses the leased premises for purpose
Their and different from those contem-
lated by this lease, then, and In either
ase, the party Of the first part reserves
right to declare this lease forfeited
nd of no further effect, and to enter upon
nd possess and hold the said premises
of its former estate.
Ia testimony whereof the City Of Mem
his, BY its Mayor, and the Mississippi
Elevator Company by its President,
'bO resnaetiValv ANY their aiunaturae
ave hereto set their respective seals, this
Re day and year first mentioned
]. NJ. PETTIGREW,
Chairman from Common Council,
J. T. CARTWRIGHT,
Chairman Committee Board of Alder
Report received, and with the amend
ents and amended contract adopted by
Ouncil, Sept. q, 1871.
4 l. Ill =. .-L