Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-52

122 LICENSE FOR INSTALLATIONS UPON RIGHT OF WAY THIS AGREEMENT, made this 24th day of May, 1945, by and between CITY OF LAS VEGAS, a body politic and corporate of State of Nevada, hereinafter called the "Licensor", and THE UNITED STATES OF AMERICA, hereinafter called the "Government", WITNESSETH: THAT, for and in consideration of the sum of ONE and NO/100 Dollars ($1.00 ) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants, promises, and agreements herein made, the Licensor hereby grants to the Government a license to construct, operate, maintain, renew, and remove an electric pole line and roadway (Type of installation) along, across, beneath, and over the right-of-way and property of the Licensor at the following location, viz: in the County of Clark, State of Nevada, as shown on attached sketch marked Exhibit "A", for use in connection with a War Department establishment known as Las Vegas Gunnery School, Las Vegas, Nevada, and upon the following (Name of post, camp, station, etc.) terms, provisions, and conditions: I. All installations placed upon said right-of-way by the Government shall be and remain the property of the Government and may be removed therefrom by the Government at any time. II. The construction, operation, maintenance, renewal, and removal of said installations shall be accomplished by the Government at its sole cost and expense and in such a manner as will at all times enable the Licensor to use the surface of the right-of-way. III. In the event of any future alterations of the property of the Licensor or of the line or grade of the right-of-way necessitating changes in said installations, the Government will make such changes in its installations as may be necessary in connection with said alterations. IV. The Licensor shall not be liable for damages to property or injuries to persons arising from the construction, operation, maintenance, renewal, or removal of said installations by the Government. V. This agreement, with the rights and privileges herein granted, shall be subject to cancellation or termination only by mutual agreement of the parties, or in the event the terms and conditions hereof are not fulfilled, or in the event the Government abandons the use of the premises for the purposes herein granted. In either of the latter two events, cancel­lation may be effected by either party hereto upon thirty (30 ) days' written notice to the other; and upon the expiration of said thirty (30) days after service of such notice, this agreement and the rights and privileges hereby granted, as well as the obligations hereby imposed upon the parties, shall absolutely cease and determine. VI. The Government hereby covenants and agrees that, on or before the termination of this license, it will remove said installations and the appurtenances connected therewith from the premises of the Licensor and restore said premises to the condition existing at the time of entering upon the same under this license, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Government has no control excepted. VII. All expenditures to be made by the Government under the provisions of this agreement shall be subject to appropriations being available for the purpose. VIII. No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company if the agreement be for the general benefit of such corporation or company. IX. The Licensor warrants that he has not employed any person to solicit or secure this license upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Government the right to annul the license, or, in its discretion, to deduct from the consideration the amount of such commission, percentage, brokerage, or contingent fees. This warranty shall not apply to commissions payable by Licensors upon licenses or contracts secured or made through bona fide established commercial or selling agencies maintained by the Licensor for the purpose of securing business. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be properly executed by their duly authorized representatives as of the day and year first above written. CITY OF LAS VEGAS By /s/ E. W. Cragin________________ by_________________________________ its____Mayor ATTEST: /s/ Helen Scott Reed City Clerk UNITED STATES OF AMERICA by /s/ Harwood Shoemaker ______ Contracting Officer. WITNESSES: