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


grounds At the said city OF Aibuquer-
que. and.
Whereas. The City has requested tho
Atchison company 20 construct n Via
duct across the right Of way and tracks
" the Atchleon company upon Coal
avenue. one OF the streets Of said city:
Now therefore, this indonture wit
nefselh:
ARTICLE I.
In consideration OF the promises and
of the covenants and agreements OF
IN, city. hereinafter sot forth, and up
on condition Of the faithful perform
aace of the same. the Atohison COM
pany. for Itself. ~ SUCCESSORS and as-
signa, covenants and agrees 90 and
With the city. 80 followai
First To build, erect and construct.
Within the time hereinafter limited. In
good and wOrkmanlike manner and
IN accordance with the plans and spe-
cifications hereunto annexed and made
part hereof. ana marked Exhibit
"a" a vladuct upon Coal avenue In
the city of Albuquerque. over and
ecv0ss the rtsrht Of way and trraoku Of
,hs Atchison company where tho same
cress SAID Coal avenue. and to furnish
all labor and material therefor. and
deliver said viaduct 10 the city free
from all liens and membranes what
sOtver for labor or materials. within
the time ~ limited as aforesaid. such
construction to De begun on OF before
the.......,..day of.........., 1900, and
u be completed, in all respects In ac-
cordance with said plans and specln-
cations. on or before the..... day OF
...,..., 1900; Provided, however. that
due allowance shall be made for any
delay In the completion Of saii viaduet
caused BY strikes. the elements or
other causes. over which the Atchison
company has no control
Second To build. construct and
erect on the right OK way % th9 Atchi-
ron company, between Railroad ave-
nuo and said Coal avenue IN said city
of Albuquerque. az the sole cost ana
expense Of the Atchison company. and
without any cost or expense whatao-
ever 10 the city, modern hotel and
passenger station, together with such
appurtenanccs as the Atchison com
pany may consider essential thereto.
proved solely by the AtchisOn company.
To begin the construction OF said ho-
tel and passenger station within
............ days after the execution OF
this agreement. ana 10 complete and
finish the same within such time as
good workmanship viii permit. due al
lowance being made for delay caused
by strikes. the elements or other causes
over which the Atchlson company has
no control
ARTICLE II.
In consideration OF the premises and
OF the benefits ana ccnvenicnccs to ac-
cfue 70 the city and the inhabitants
thereof by reason OF the building and
construction Of said viaduct and hotel
and passenger station. and m further
consideration of the covenants 90 the
Atchison company herein set forth ana
uIon the condition Of the faithful per-
foTmancc 0f the same the city hereby
covenants and agrees 20 and with the
Atchison company. ita SUCCESSORS and
assigns. az follows.
First. To pay 70 the Atchison COM
puny, IA good and lawful money OF the
United states an amount equal 20 one
half ca OF the entire cost and expense
to the Atchison company Of building
constructing and erecting said viaduCt,
li Guiding the cost and expense for all
labor. materials and supplies used In
the construction thereof. and lnclud-
ing all freight charges FOR hauling the
same over the lines of railroad Of IN,
Atohls0n company. IN payments TO SeI
nnde from time to time by the city toI
the Atchison company after work upon
said v.aduot shall have been begun.
upon bills 10 be rendered by tine Atch-
isoH company TO the city. showing the
actual coats and expenditures OF the
Atchison company In the construction
OF said viaduet since the last previous
payment shall have been made. and
20 pay all such bills within fifteen uB)
a. 80 after the same shall have been
rendered. as aforesaid.
second. To accept and receive said
yladuct from the Atchlson company
when completed. and thereafter for
ever, at its own cost and expense, and
without any cost or expense whatever
TO the Atciison company. to maintain
and keep the same In good repair. and
sound and safe condition.
Third. To make no changes In said
yiaduct. except such as may be re-
auired for repairing and maintaining
in, same IN iis present condition, with
out first obtaining the consent and APP
proval ia writing OF the Atchison com.
psny.
Fourth. To indemnity and hold
harmless the Atchlson company against
al liabilities or claims for loss or dam
aGe TO property, or injury or death TO
persons. BY reason OF or arising from
the construction or maintenance Of
said viaduct. or the use thereof by the
public. or by reason Sf the repairing
Or renewal thereof of the failure % re-
pair or renew thc same. aad whether
such loss. damage. injury or death
shall occur while the said viaduot 10 In
process OF construction or thereafter,
and whether the same shall be caused
By accident or otherwise; aE1 TO pay
al costs and expenses incurred or paid
BY the Atchia0n company In defending
any suit OF action which may be
brc ught against the Atchiaon com
pany. by reason OF any such loas, dam
sge. lrtury or death, ana any judg-
mcnt which may be- rendered on ae-
count of any such loss, damage. injury
or death against the Atehlaol COM
pony.
Fifth. To forthwith, upon the execu-
ton of this agreement, pass, or cause
10 BE- passed, an ordinance of t1id city
yacating and permanently closing said
Ccai avenue aa a grade crossing, and
an ordinance or ordinances OF said city
vacatinE ana permanently closing
those certain streets of said city
known az Gold avenue silver avenue.
ana Lead avenue. 20 that the same