Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1900-10-10

construction to be begun on or before
the .........day of.......... 1900. ant
u be completed, in all respects in ac.
oordance with said plans and specin.
cations, on or before h e....... day OF
........, 1900; Provided. however. thai
due allowance shall be made for am
delay In the completion of said viaduct
caused by strikes, the elements OF
other causes. over which the Atchisor
company has no control.
Second. To build. construct and
erect On the right of way Of the Atchi.
con company. between Railroad ave-
nue. and said Coal avenue in said city
OF Albuquerque, at the sole cost and
expense of the Atchison company, and
without IN cost or expense whatso-
ever to the city. a modern hotel and
passenger station. together with such
appurtenances as the Atchison com
| pany may consider essential thereto,
and in accordance with plans to be APP
| proved solely by the Atchison company.
To begin the construction Of said no.
tel and passenger station within
...........days after the execution of
| this agreement. and to complete and
finish the same within such time as
good workmanship will permit, due al
lowance being made for delay caused
by strikes, the elements or other causes
over which the Atchison company has
10 control.
ARTICLE II.
In consideration OF the premises and
of the benefits and conveniences TO ac-
| aFtfa a. tho nlYU nAl Nh. taA.HGs.-s
thereof by reason OF the building and
construction OF said viaduct and hotel
and passenger station, and In further
consideration OF the OF the
Atchison company herein set forth and
upon the condition of the faithful per-
formance OF the same, the city hereby
covenants and agrees to and with the
Atchison company, its SUCCESSORS and
assigns. as follows:
First. To pay to the Atchhson COM
psny. I'm good and lawful money OF the
United States an amount equal to one
half (h) OF the entire cost and expense
to the Atchison company of building.
constructing n erecting said viaduct.
%ircluding the cost and expense for all
labor. materials and supplies used in
NV NVHrAi uttlVh lutItDIs anu l1Cluu-
ing all freight charges for hauling the
same over the lines OF railroad OF tn,
Atchlson company. In payments TO Se
made from time to time by the city to
the Atchlson company after work upon
said viaduct shall have been begun.
upon bills to be rendered by the Atch-
ison company to the city. showing the
actual costs and expenditures OF the
Atchison company In the construction
OF said viaduct since the last previous
payment shall have been made; and
to pay all such bills within fifteen Qb)
d. Us after the same shall have been
rendered, as aforesaid.
Second. To accept and receive aid
vladuet from the Atchison company.
when completed. and thereafter. for
ever. at its " cost and expense. and
without any cost or expense whatever
to the Atchison company. to maintain
and keep the same In good repair. and
sound and safe condition.
Third. To make no changes In said
viaduct, except such as may be re-
CURED for repairing and maintaining
thu same in it's present condition. with
GU first obtaining the consent and APP
prevail In writing OF the Atchison COM
psny
Fourth. To indemnify and hold
harmless the Atchison company against
all liabilities or claims for loss or dam
asc to property. or injury or death to
persons. by reason of or arising from
the construction or maintenance of
said vtaduct, or the use thereof by the
public: or by reason OF the repairing
or renewal thereof or the failure to re-
pair or renew the anne. and whether
such loss. damage. injury or death
shall occur while the said viaduct Is in
process OF construction or thereafter.
and whether the same shall be cause
by accident or otherwise; and to pay
ali costs and expenses incurred or paid
by the Atchison company In defending
any suit of action which may be
brc ught against the Atchison com
pa y by reason OF any such loss. dam
age, injury or death, ana any judy
ment which may be rendered on ac-
count Of any such loss. damage. injury
or death against the Atchison com
pany.
Fifth. To forthwith. upon the execu-
ton of this agreement, pass, or cause
to be passed. an ordinance OF said city
~vaoating and permanently closing said
Coal venue as a grade crossing, and
an ordinance or ordinances of said city
vacatlng and permanently closing
those certain streets OF said city
known as Gold avenue. Silver avenue,
and Lead avenue so that the same
shall be and forever remain closed as
public streets or highways, at the
points where they nov cross the tracks,
station grounds and right OF way of
the Atchison company in said city,
ARTICLE Ill.
II Is mutually c%ovenanted and agreed
by and between the parties thereto. as
fellows:
First: Upon the completion OF said
viaduet, the same shall be and become,
and thereafter forever remain, the
sole property of the city, without re-
gard to whether the city shall, at the
time OF such completion, have paid to
the Atchison company the city's share
% the cost of construction of the same.
or not.
Second. In case Of default by the
city in making n of the payments,
hefeinbefore by It's covenant to be
made. promptly upon the dates upon
which the same are to be made. respec-
tiN ely. or In case OF default Of the city
in the keeping or performing OF any OF
the to be by 1t performed, as
herein provided, then n in that case
the Atchison company shall be relieved
OF its obligation to complete said via
duct and hotel and passenger station
within the time limited, or within any
time, anything herein 10 the contrary
Notwithstanding.
Third. In case, at n time after the