man000180 5

.. !MH.wL0. . .N o ... .2.871-2 FORM 2 2 0 7 Audit No................... ^NDUSTI S ORIGINAL. W No. INDUSTRY TRACK CONTRACT Parties. Location. T H IS AG REEM ENT, made and entered into this ,7 t h . . day o f . . . J a n u a r y * .................. 1 9 . 5 . 5 . .? by and between . . . LOtS. . A N G E L E S . . & . S A L T . . L A K E . R A I L R O A D . C O M P A N Y . . a n d . I t s . . . . Lessee, _]plIQN PACIFIC RAILROAD c o m p a n y , a corporation of the State of Utah ( h e r e i n a f t e r C o . l l © C . t I V . © l y . .called “ Railroad Company” ), party of the first part, and LAS VEGAS VALLEY WATER DISTRICT, a publie corporation created and existing pursuant to the provisions of Chapter 167 of the 1947 Statutes of Nevada as amended by Chapter 13© of the 194-9 Statutes of Nevada and as amended by Chapter 307 of the 1951 Stat utes of Nevada, (hereinafter called “ Industry” ), party of the seeond part, W ITN E SSE TH : W HEREAS, the Industry desires the construction, maintenance and operation of Si S p u r t r a c k (hereinafter referred to as “ T ra ct” ) Las Vegas, in ....... C l a r k ! ........... County, . .N@.VadS.........., in the location indicated b y .. yello.w.. and. .green l i - f l ® ® . .between points m arked.. A .J!. ,-P.. , C ......... on the map hereto attached, marked “ Exhibit A ” , dated . . . . , ................December. . 3 0 * . 1 9 5 4 .................. ....... , .and hereby made a part hereof, which Track the Railroad Company is w illing to construct, maintain and operate upon the terms and conditions hereinafter set forth; NOW, THEREFORE, it is agreed between the parties hereto as follows: Right o f Way. Seetion 1. The Industry shall first procure and furnish without expense to the Railroad Company all public authority and permission and all right of way outside the limits of the property of the Railroad Company which are necessary for the construction, maintenance and operation o f the Track. Construction. Section 2. The Railroad Company shall construct-* 8 .fc l t J S Q W n 6 X p © n S © Maintenance. so much of that portion of the Track botwoon tho switah peiat (marked............... ....... ) and tho elonranBo point ) as j s located within its right o f way, being a distance o f ....... • 7 -l-.3 5 fe e t as indicated b y ......... y . e l l O W . .line between points marked......... A • S l i d . .B . .on Exhibit A. The Railroad Company shall construct, at the cost of the Industry, that portion of the Track lying beyond* tho olonranoo point (or beyond the boundary line o f the right of way o f the Railroad Company, i f the.claaraaae* pointrfnllP'QutBido paid boundary lino) as indicated by a ....... g U S S H . .line between points marked. . . B . .S in d on Exhibit A. , . a i s t e n o a M . m , & £ & $ 7 . J H ..........? 1 1 I R H The Industry shall also bear the cost or such Incidental work (including changes m, or additions to, the Rail­road Company’s existing tracks and structures other than track changes connected with the turnout) as may be necessitated by the construction and operation o f the Track. The Railroad Company shall, at its own expense, maintain the Track, except such portion thereof ( i f any) as may be used for intraplant switching, which portion shall be maintained at the expense o f the Industry; PROVIDED, however, that the expense to be Borne by the Railroad Company for the maintenance o f that part of the Track not owned by it shall be limited! strietly to expense incurred in the maintenance of the track structure, and any incidental expense, such as, but not limited to, expense for maintenance, removal or replace­ment of paving, occasioned by the maintenance o f the track structure shall be borne by the Industry. ^except the grading therefor, which grading shall be performed by and at the expense of the Industry. * I f the Industry is to bear initially the expense of the construction between the switch point and clearance point f ill in the words “ at the expense of the Industry subject to a refund as hereinafter provided” . I f the Railroad Company is to bear the expense, fill in the words “ at its own expense” .