Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-50

120 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 inconnection 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 purpose hereto 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 a s he 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 appurtances connected therewith from the 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. 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. E. Cragin_______ Its: Mayor ATTEST: /s/ Helen Scott Reed______ City Clerk THE UNITED STATES OF AMERICA By: /s/ Leo B. Varty Captain, Corps of Engineers Contracting Officer WITNESSES: --00(0)00— LICENSE FOR INSTALLATIONS UPON RIGHT-OF-WAY THIS AGREEMENT, made this 7th day of June 1944, by and between CITY OF LAS VEGAS, a Municipal corporation and THE UNITED STATES OF AMERICA, hereinafter called the "Govern­ment." WITNESSETH: THAT, for and in consideration of the sum of One and no/l00 Dollars (41.00) 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 a telephone line along, across, beneath, and over the right- of-way and property of the Licensor at the following location, viz: That certain piece or parcel of land situate in the County of Clark, State of Nev­ada, being a strip of land 10 feet in width, lying 5 feet on each side of the following described centerline: Beginning at a point in the Northerly boundary of the Southwest Quarter of the Southwest Quarter of Section 28, Township 19 South, Range 62 East, Mount Diable Base and