Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-51

121 ] Meridian, said point bears North 88°23'56" East 470.92 feet and South 6°47'36" East 4049.98 feet from the corner common to Sections 20, 21, 28, and 29 of said township and range; thence from said point of beginning South 6°47'36" East 1363.71 feet to the point of ending in the Southerly boundary of said Southwest Quarter of the Southwest Quarter of said Section 28, the side lines of said strip of be prolonged or shortened so as to begin in the Northerly boundary and end in the Southerly boundary of said Southwest Quarter of the Southwest Quarter of Section 28, and containing an area of 0.313 acres, more or less, excepting so much as may lie within the boundaries of the right of way of the Union Pacific Railroad right of way 100 feet in width. in the County of Clark, State of Nevada, as shown on attached sketch marked Tract #2, for use in connection with a War Department establishment know as Las Vegas Army Gunnery School Access Road & Telephone Line, and upon the following terms, provisions, and conditions: 1. 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, deration, 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 tow events, cancellation may be effective 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 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 fore the general benefit of such corporation or company. 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__________ Its:_____Mayor__________________ ATTEST: /s/ Helen Scott Reed THE UNITED STATES OF AMERICA City Clerk By: /s/ Leo B. Varty Captain, corps of Engineers Contracting Officer WITNESS: =