Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-33

103 AGREEMENT Between LOS ANGELES & SALT LAKE RAILROAD COMPANY and its Lessee UNION PACIFIC RAILROAD COMPANY and THE CITY OF LAS VEGAS Dated October 1st, 1942 Covering furnishing of electricity to City's Police Department radio system and fire devices, in case of black-outs or other failure of supply from the present source, in Las Vegas, Clark County, Nevada. THIS AGREEMENT, made and entered into this 1st day of October, 1942, by and between LOS ANGELES & SALT LAKE RAILROAD COMPANY, a corporation of the State of Utah, and its Lessee, UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Utah, hereinafter collectively called "Railroad Company", Parties of the First Part, and THE CITY OF LAS VEGAS, a municipal corporation, in the County of Clark, State of Nevada hereinafter called "City", Party of the Second Part, WITNESSETH: RECITALS The Railroad Company owns and operates an electric power plant in the City of Las Vegas, Clark County, Nevada, which power plant has a capacity sufficient to generate electric current in excess of the amount required by the Railroad Company for its railroad operations. In connection with the Police Department, the City operates a radio station and fire alarm devices, which require the use of electric current at all times and which current is now being supplied by Southern Nevada Power Co., and has applied to the Railroad Company for permission to install the necessary facilities for emergency stand-by service in case of black-outs or other failure of supply from said present source, which permission the Railroad Company is willing to grant upon the terms and conditions hereinafter stated. NOW, THEREFORE, in consideration of the premises, it is agreed by and between the parties hereto as follows: ARTICLE I. The Railroad Company agrees: Section 1. At the sole cost and expense of the City, to permit the City to install and thereafter maintain the necessary facilities for an emergency stand-by electric service, consisting of five kilowatts of electrical energy, single phase, 2300 volts, for the purpose of supplying the radio system and fire alarm devices operated by the City's Police Department. Section 2. Subject to the conditions hereinafter stated, to furnish and deliver to the City at any and all times during the life of this Agreement, five kilowatts of electrical energy, single phase, 2300 volts, for the sole use of the radio system and fire alarm devices of the City's Police Department, but only when the source now supplying electric energy for such purpose is cut off. ARTICLE II. The City agrees: Section 1. At its own cost and expense, to install the necessary facilities for said emergency stand-by service and to obtain said supply of electric energy for the operation of said radio system and fire alarm devices, and thereafter to maintain the same. Section 2. To pay to the Railroad Company the sum of $5.00 per month, flat rate, for said service, which shall be paid monthly by the City, and within fifteen days after bills are rendered therefor. Section 3. To at all times indemnify and hold the Railroad Company harmless against all claims, demands, judgments, costs, expenses, including attorney's fees, for loss, damage, or injury to persons or property, directly or indirectly arising or growing out of the installation or maintenance of said electricity or the furnishing of electrical energy under this Agreement. Section 4. To use said facilities and said electric supply only for the operation of the radio system and fire alarm devices of the City's Police Department, and then only in case of emergency and when the present apply of electrical energy now furnishing said radio system is cut off. Section 5. Not to assign this contract, or any interest therein, to any person, firm or corporation, municipal or otherwise, without the consent in writing of the Railroad Company first had and obtained.