The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1894-12-02

plete the entire road on or before the
said Both day Of October, A. d. 1896,
except as hereinafter provided.
Fifth-The first party further prom
ises and agrees to obtain. at their
own cost and expense, all the right-or-
way along such portions OF said lines
eaglt of the corporate limits of the City
Of Astoria as is not contracted for
herein.
SiNth--The second party promises and
agrees to furnish TO the first party, or
to their heirs. executors, administers
tors or assigns, all rights of way. op-
tions, contracts, or agreements now in
the hands of or under the control Of
said second party. or any member
thereof, or which may hereafter be OBJ,
tanned by him, in his capacity as COM
mitteeman, or any of them, during the
life of this agreement, for the building
Of said railroad or any railroad from
the eastern boundary of the said City
Of Astoria, Oregon. generally along the
direction Of the line of survey made by
W. II. Kennedy, civil engineer, to the
said point Of connection with some 9TH
er railroad, as herein provided,
at or near the point known as Gobel,
in Columbia County, Oregon.
Seventh-The second party hereby
further promises and agrees to furnish
and deliver to the party of the first
part or to their heirs, executors, ad-
mfnistrators, or assigns, free of cost,
the right-of-way for said railroad, at
least Forty (40) feet in width from the
eastern boundary line of the property
known as the Seashore Railway Com
pany property, along the line
Of said railroad, as per survey
made by w II. Kennedy to
the eastern boundary of the City of
Astoria, except such right-of-way as
may be owned at the date hereof, by
the Columbia River and Astoria Rail-
road Company.
Eighth--The second party hereby fur
ther promises and agrees to and does
hereby instruct, authorize, and direct
said party of the third part to turn
over, deliver, and convey, to the said
first party, or ito their heirs, executors,
administrators, or assigns, all that cer-
tain subsidy which is more particular
ly and fully described in THE schedule
hereto attached, and marked Exhibit
&C." and all that may be hereafter ac-
quired for that purpose by sufficient
deeds, bills of sale or other legal con-
veyances, properly executed and ac-
knowledged, in the time and manner
as herein set forth, by which deeds,
bills of sale, or other conveyances, said
third party covenants and agrees to
convey to the said first party or to his
heirs, executors, administrators or as
signs, all the right and title it may
have to said lands and said subsidy.
Nlnth-And the third party for itself,
hereby promises and agrees that as all
the oonveyances and agreements here
In contained to be done and performed
by the first party have been carried
out by the said first party, or by their
heirs, executors, administrators or as
signs, it will execute and deliver to
them, such deeds, bills Of sale or other
coiveyances, properly executed, as may
be required, to vest in them all the
right, title, interest or estate, the party
of the third part has in or to said prop
erty, and with special warranty against
its own acts, except as to taxes; and II
any portion of said subsidy shall be
reduced to money or other property,
then to turn over said money or other
property and otherwise to do each and
every act necessary and proper to be
done and performed by them for It.,
to convey under the terms of this
agreement.
Tenth-It is mutually understood and
agreed by all of the parties hereto,
that in the event of the party of the
first part, their heirs, executors, admins
istrators or assigns failing or neglect-,
ing to commence actual work In good
faith ON sadd railroad within the time
herein agreed upon, or in case of the
failure of the first parity 10 expend the
sam OF $1OO,O0O.O0 in actual construc-
don on said railroad on or before July
lst, A. d. 1895, that this contract shall
then, and in either event, at once be-
come null and void and of no effect
whatever. And the said party of the
first part upon the said failure, shall
have no legal, equitable or other right
or claim in or to said subsidy, or any
part or portion thereof, and that said
Committee of Direction, the parry OF
the second part, and the Astoria Saw
lngs bank, party of the third part, shall
each and both be entirely relieved and
absolved of and from any and all obli-
wations under this agreement, and are
fully authorized and empowered to ne
gotiate with any party, firm or corpo-
ration, for the building or construction
of said railroad, and as to the time
herein provided for in which work is
10 be commenced, and as to the time
in which said $1OO.OOOOO is to be expend-
ed, time is OF the essence of this con-
tract.
Eleventh--It is further mutually un-
derstood and agreed between the parties
hereto. that should the party Of the
first part, their heirs, executors, ad-
ministrators or assigns commence the
actual building or construction Of said
lallload. and shall thereafter spend
In said work, including the purchase
OF material, for use in and delivery