Basis of Lease to N. Y. & O. M. cessors and assigns, agree to lease the railroad and property of said Utica, Clinton and Binghamton Railroad Company upon the terms and conditions herein named, paying therefor an annual rental of seventy thousand (70,000) dollars, payable semi-annually, at their office, in the city of New York. The Delaware and Hudson Canal Company, in consideration of the covenants and agreements of the New York and Oswego Midland Railroad Company, contained in an agreement made between the said companies last above named, bearing date August 31st, 1870, and to which reference is hereby made, agree to guarantee to the Utica, Clinton and Binghamton Railroad Company the payment of said semi-annual rent as the same falls due and becomes payable. It is further understood and agreed by and between the parties, that the said Utica, Clinton and Binghamton Railroad Company will furnish, free of charge, at Clinton or at Utica, at the option of the Company, convenient to said railroad, lands for repair shops and other railroad purposes, as may be required by the said New York and Oswego Midland Railroad not exceeding ten (10) acres. Lease to date and rent to be paid from the completion of said railroad and appurtenances by the Utica, Clinton and Binghamton Railroad Company, and the taking possession of the same by the New York and Oswego Midland Railroad Company, which shall be done as soon as practicable, after completion. The Utica, Clinton and Binghamton Railroad Company agree to finish and complete their road in all respects as agreed in this contract, and deliver the same to the New York and Oswego Midland Railroad Company, under the lease herein before provided for, on or before the first day of November, 1871. It is understood and agreed that, if at any time hereafter the New York Central Railroad Company refuse the use of their passenger depot to the New York and Oswego Midland Railroad Company, for the purposes of this lease, then, and in that case, the said New York and Oswego Midland Railroad Company shall be, and they are hereby authorized to construct a suitable passenger depot upon the lands hereby agreed to be purchased, and retain the cost thereof from the annual rental above mentioned; provided, however, that the cost of such depot shall not exceed the sum of five thousand dollars ($5,000). It is also understood and agreed that if the said Utica, Clinton and Binghamton Railroad Company fail to procure the means nec Basis of Lease to N. Y. & O. M. essary to purchase said real estate and construct said railroad and buildings, they may declare this contract null and void, and they, thereupon, shall be discharged therefrom, provided they give notice of their intention to do so to the said New York and Oswego Midland Railroad Company and to the Delaware and Hudson Canal Company, within sixty days from this date. IN WITNESS WHEREOF, the said Utica, Clinton and Binghamton Railroad, the New York and Oswego Midland Railroad Company, and the Delaware and Hudson Canal Company have hereunto set their corporate names, by their respective presidents, this fifteenth day of December, in the year 1870. THE UTICA, CLINTON AND BINGHAMTON R. R. Co., President. THE NEW YORK AND OSWEGO MIDLAND R. R. Co., President. THE DELAWARE AND HUDSON CANAL Co., By THOS. DICKSON, President. RESOLUTION. OFFICE OF THE UTICA, CLINTON AND BINGHAMTON RAILROAD, Utica, N. Y. At a meeting of the Board of Directors of the Utica, Clinton and Binghamton R. R. Co., held at Bang's Hotel, in the city of Utica, Monday, Dec. 12th, 1870, the following resolution was unanimously passed: Resolved, That this Board of Directors approve of the plan presented for leasing the road of this company to the New York and Oswego Midland R. R. Company, with the guaranty of the Delaware and Hudson Canal Company, and that the President be and he is hereby authorized to sign a preliminary agreement for that purpose. I certify that the above is a true copy from the minutes. [SEAL] J. W. CHURCH, Sec'y U. C. and B. R. R. Co. NEW YORK, LAWS OF 1871, CHAP. 350. AN ACT TO AUTHORIZE THE UTICA, CLINTON AND BINGHAMTON RAILROAD COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A SWING Bridge OVER THE ERIE CANAL, IN THE SECOND WARD, IN THE CITY OF UTICA. Passed April 7, 1871. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1 The Utica, Clinton and Binghamton Railroad Company, with the consent and approval of the Commissioner in charge of the eastern division of the Erie Canal, may construct or cause to be constructed and maintained, and operate at its own expense, a suitable swing or turn-table bridge, for the passage of the trains of said Company over the Erie Canal at some convenient point between the guard lock and the street bridge over said canal, for Whitesboro' Street in the second ward, in the city of Utica; said bridge to be constructed as to the time and manner of doing the same, as the said commissioner in charge shall in the interests of the State require and direct; and said bridge when completed shall be always under the general control and management of said Canal Commissioner in charge for the time being, but all the expenses of erecting, maintaining and operating said bridge shall be provided for and paid by the said railroad Company. SEC. 2. This act shall take effect immediately. AGREEMENTS OF THE U., C. & B. R. R. CO., THE N. Y. & O. M. R. R. CO. AND THE D. AND H. C. CO. WITH THE CITY OF UTICA, JUNE 14, 1871, JUNE 28, 1871 AND JUL. 5, 1871, RESPECTIVELY. FOR PAYMENT ANNUALLY OF $10,000 TO THE CITY OF UTICA. FOR VALUE RECEIVED, and in consideration that the City of Utica has subscribed for and taken two hundred thousand dollars of the stock of the Utica, Clinton and Binghamton Railroad Company, and has paid, or will pay for the same in cash, or in the bonds of said city to the same amount. The said UTICA, CLINTON AND BINGHAMTON RAILROAD COMPANY hereby sell, assign, and transfer absolutely and forever to the said City of Utica, one-seventh part of the annual rental secured to it by the annexed agreement, bearing date December 15th, 1870, by and between The Utica, Clinton and Binghamton Railroad Company, The New York and Oswego Midland Railroad Company and The Delaware and Hudson Canal Company, and to be secured to it by the lease hereafter to be made, as therein provided, being the sum of ten thousand dollars ($10,000) per annum, and the said Utica, Clinton and Binghamton Railroad Company hereby agrees to authorize the said New York and Oswego Midland Railroad Company, and the Delaware and Hudson Canal Company, therein named, to reserve the sum of five thousand dollars from each semi-annual payment of rent therein provided for, and to pay over the same to the Treasurer of the City of Utica, or other proper officer or agent of said city duly authorized to receive the same. IN WITNESS WHEREOF, The Utica, Clinton and Binghamton Railroad Company has hereunto caused its corporate name to be sigued, and its corporate seal to be affixed by its President, this 14th day of June, in the year 1871. THE UTICA, CLINTON AND BINGHAMTON RAILROAD COMPANY, [SEAL.] President. Agreements with City of Utica. IN CONSIDERATION of the covenants contained in the annexed agreement, bearing date December 15, 1870, by and between the Utica, Clinton and Binghamton Railroad Company, The New York and Oswego Midland Railroad Company, and The Delaware and Hudson Canal Company, and of the foregoing assignment of the sum of ten thousand dollars ($10,000) of the annual rental therein provided for, and of other valuable consideration, THE NEW YORK AND OSWEGO MIDLAND RAILROAD COMPANY hereby adopt and acknowledge the foregoing assignment, and for itself, its successors and assigns, agree to make the semi-annual payments of five thousand dollars ($5,000) as therein provided for, to the City of Utica, in place of paying the same to the said Utica, Clinton, aud Binghamton Company, and upon the same terms and conditions as are provided for in said annexed agreement. IN WITNESS WHEREOF, the New York and Oswego Midland Railroad Company has hereunto caused its corporate name to be signed, and its corporate seal to be affixed by its President this 28th day of June, in the year 1871. [SEAL.] NEW YORK AND OSWEGO MIDLAND RAILROAD CO., President. IN CONSIDERATION OF the covenants contained in the annexed agreement, bearing date December 15th, 1870, by and between The Utica, Clinton and Binghamton Railroad Company, The New York and Oswego Midland Railroad Company, and The Delaware and Hudson Canal Company, and the foregoing assignment, made by the first named company, of the sum of ten thousand dollars ($10,000), of the annual rental therein provided for to the City of Utica, and of the foregoing agreement of the said New York and Oswego Midlaud Railroad Company to pay the same as therein stated, and of other valuable considerations, THE DELAWARE AND HUDSON CANAL COMPANY hereby adopt and acknowledge the foregoing assignment, and for itself and its successors and assigns hereby guarantee the semi-annual payments of five thousand dollars ($5,000) each, to the City of Utica, in place of the Utica, Clinton and Binghamton Railroad Company, and upon the same terms and conditions as are provided for in said annexed agreement. IN WITNESS WHEREOF, The Delaware and Hudson Canal Company has hereunto caused its corporate name to be signed and its cor |