Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1900-10-13


points where they now cross the tracks
station grounds and right Of way o.
the Atchis0n company In said city.
ARTICLE III.
II Il mutually covenanted and agree,
by and between the parties thereto. al
/ fellows.
First Upon the completion Of said
vinduct, the same shall be ana become
and thereafter forever remain. IN,
sole property OF the city. without re-.
gsrd 10 whether the city shall. at IN,
time of such completion. have paid Il
tha Atchison company the citys shar,
% the coo, Of construction OF the same
or not.
Second. In case OF default by the
city in making any OF the payments
hefelnhefore by lts covenant 20 b,
made, promptly upon the dates upon
which the same are to be made. respeo-
a, ely. or In case of default OF the city
"a the keeping Or performing Of any oI
the covenants 20 be- by u performed. a..
herein provided. then and In that case
the Atchlaon company shall be relieved
OF ita obligation 10 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 st any time after the
completion OF said yiaduct. the city
shall nsglect of refuse 10 renew or re-
pHiiI the same IN good and workman
like manner. after having been re-
qutated by the Atchison company 10 10
DO. then the Atchlson company shall
have the right. without Interference OF
opposition from che city. TO make such
repairs or renewals, and the city shall
AID viii. on demand, refund 10 the
Atchlson company the entire cost and
expense to the Atchison company Of
king the same.
Fourth. The Atchison company shall
not be molested. or In any manner in
terfered with. IN the operation OF itn
trains. OF the switching Of It's trains,
cars or engines across the street In
sI!d city known as Railroad avenue,
for period OF ave (6) years after date.
hen the said viaduot and the said ho-
tel and the said passenger station
shall have been completed. and In case
after said period OF i've C5) yoare such
ing of its trains. cars and engines
shall be duly held 90 be ana constitute
nuisance. then aud In that event the
Atehison company shall and viii dis
continue all switching across said
Railroad avenue, except such as may
be required for the placing 90 cars az
commission houses. ami for the switch
lng OF cars for the makiag up OF pas
=; niger trains, and. Ia the event stated,
the city will not pass any ordinance
or take any action for the purpose OF
preventing the Atchlson company from
continuing such switching a. may be
required for the placing OF cars at
commission houses and tho making up
OF passenger trains, as aforesaid.
All the covenants ana provisions OF
thiE agreement shall be binding upon
the SUCCESSORS and assigns OF the city
tq the Hnms extent and eject as the
same are binding upon the city, aud
each ana every covenant herein shall
lnufe In favor OF aud run TO the sue
c. ssora and assigns Of the AtchiaOn
company. and 10 each and every com
pony. person or corporation which may
hereafter own or be In posse salon OF
and operate the railroad % the Atchl-
son company 20 the same extent and
az fully as though such company or
person were specifically named in this
lease Ia the place and stead of the
Atchlson company.
In WITNESS WHEREOF, this par
ties hereto have caused this agreement
70 be executed by their officers there
unto duly authorized. the day and year
nrat above written.
THE ATCHIsON, Topeka A. SAN
IA FE RAILWAY COMPANY.
(Seall BY hf,....,,.......s....s.
lts President
Attest:
ss..stssssrsssss sss.ss-s stsssst
Its Secretary.
THE CITY OF ALBUQUERQUE
Byu..................,, y.
tseal) its Mayor.
(Seal) ...,.....,........,..., l.. s.
Its Clerk.
Council suggests following changes
la contract submitted.
After words "Exhlbst 4" IN para
grt ph nrs,. Article /. insert "at cos,
no. TO exceed twenty thousand
dollars"
After words passenger station"
paragraph second. Article ], Insert,
and freight depot in Two places.
After word entire" In third line
paragraph first. Article 2, and after
words Including the" Ia fourth line
or paragraph, insert actual, and after
"Atchison company" Ia eighth fine OF
said paragraph. insert mo. 10 exceed
eleven thousand dollars"
After "or Injury or death to persons, %
In third line Of paragraph four. Article
3. insert except such as may be oeea-
STONED by the negligence of said com
pany or ita agents.
After completed" IN sixth line Of
PARAGRAPH four OF Article ., insert
except for violations OF the Ordi-
nanccs OF said city now In force with
reference to obstruction BY railroad
companies OF street crossings" and ar
ter the word nuisance" In the eighth
limo of said paragraph and Article. In
sert ny the city council" and In last
line OF said paragraph insert Con
tract" instead Of lease"