Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 19
Part 19 of 59, (pages 173-177), land for sidings in Manchester, 1906
Land for sidings etc at Manchester
comp'd in works book. This cancels the agreement dated 28th December 1899. lease book No.1 pages 453/458
An agreement made the 19th day of July one thousand nine hundred and six between The Midland Railway company (hereinafter called the company) by Peter Service McCallum their estate agent of the one part and The Pumpherston oil company limited whose registered office at No 135 Buchanan Street Glasgow (hereinafter called the licensees) of the other part.
Whereas the licensees have applied for permission to erect at Ashton Road Wharf Manchester upon the land of the company shown by the red colour upon the plan annexed hereto or some part thereof (all which said land is hereinafter referred to as "the said site") a corrugated iron shed a small steam boiler stock tanks and a glue pot and also to use the plot of land 75' x 30' for storing barrels of oil, and the company have agreed to grant such permission upon the terms and conditions hereinafter contained.
Now it is hereby mutually agreed as follows:-
The licenses shall at their own expense obtain the consent of the local authority to the erection of the said corrugated iron shed a small steam boiler stock tanks and a glue pot, also (if necessary) to the storage of oil barrels on the said plot of land 75' x 30' adjoining and any consent or license that may be necessary or hereafter become necessary by reason of any change in the law for the purpose of enabling them to keep oil in the said premises or to deal with it as hereinafter mentioned:
The licensees shall subject as aforesaid be at liberty to erect upon the said site shown upon the plan annexed hereto a corrugated iron shed a small steam boiler stock tanks and a glue pot also to store oil barrels on the plot of land adjoining 75'x 30' (all of which with the pipe in the next clause referred to and any additions hereinafter made are hereinafter referred to as "the said works") and the same with any addition thereto hereafter made with the consent of the company shall be constructed to the entire satisfaction of the company engineers and locomotive superintendent.
The licensees shall have liberty to lay a pipe underground from the sidings such pipe to be used for the purpose of conveying oil from the vessels in which it may be brought or sent to Manchester to the said works and such pipe shall be laid in such position and at such depth as the engineer and locomotive superintendent of the company shall decide and to their entire satisfaction.
The licensees shall not commence to carry out the works hereby authorised until detailed plans thereof shall have been submitted to and approved by the engineer and locomotive superintendent of the company.
The licenees shall pay to the company for the before mentioned privilege the sum of thirty seven pounds ten shillings (£37.10.0) per annum payable quarterly on the usual quarter days in every year during the continuance of this agreement
the first payment of such payments to be made on the 25th day of December 1905 and shall also pay all taxes rates and other outgoings imposed upon the company or the licensees in respect of the said premises except land tax and landlords property tax and in the event of neither party being separately assessed by reason of the premises being included in the general assessment of the company's property the licensees shall pay for rates and taxes a sum to be agreed between the parties hereto.
The company shall not be required to give access to the said works and premises except at such times as the premises on which they are situate are ordinarily open for the traffic or business of the company.
If at any time or times hereafter the local authorities shall require the licensees or the company to make any alteration to the said works or to remove the same such alterations or removal shall be made and the site made good at the expense of the licensees and to the entire satisfaction of the company's engineers and locomotive superintendent.
The licensees shall not bring or permit to be brought upon the said premises any oil of such a character as to come within the operation of the petroleum acts 1871 to 1881 or of any other existing or future acts regulating the storage of oil and shall not do or commit or permit upon the said premises any waste or damage or anything which may become a nuisance or annoyance to the company or to any of the tenants of premises adjoining and shall at all time keep the said works in good and substantial repair.
The licensees shall take proper steps for absolutely prohibiting smoking or the use of naked lights on the said premises and shall take such precautions with regard to the prevention of fire and to the maintenance or cleansing of the said works or the manholes or other openings in any tanks and for the protection of escape pipes and for the cleansing of the pits round any tanks as the company's engineer and locomotive superintendent may from time to time direct.
The licensees undertake that their agents servants and workmen shall observe obey and abide by any regulations that may exist or hereafter be made by the company for the conduct of their business or any other regulations or orders that may be given for the efficient working of the general business of the company so far as they affect or concern the licensees hereunder the supervision by and satisfaction of the company's engineer and locomotive superintendent as hereinbefore provided for shall not relieve the licensees from any responsibility for loss by reason of improper or insufficient construction separation or satisfaction the licensees undertake to identify the company their successors and assigns against all losses costs damages and expenses whatsoever suffered by the company and against all claims made upon them by other persons by reason or on account of the used of the said works or by reason of the improper or insufficient construction reparation or maintenance of the same or by reason of any leakage fire explosion or accident or any other cause whatsoever and will also repay to the company all sums of money which the company may deem necessary to expend in consequence of the construction or uses of the works hereby authorised of the preservation of their railway or stations or the traffic thereon or in anywise relating thereto. The licensees also undertake to indemnify the company against any claims made upon them or any lesses suffered by them arising out of any accident to the agents servants or workmen of the licensees whilst upon the premises of the company under this agreement.
The company shall not be liable for any damage or injury to the said works however caused.
The licensees shall during the continuance of this agreement consign all traffic intended for places upon the company's railway by the company's route and when the traffic is intended for stations beyond the company's railway shall also consign the same as far as possible by the company's route and also far as they are able to control the same shall order all traffic forwarded to the said premises to be consigned by the company's route and the licensees shall pay therefor unless otherwise agreed the rates tolls terminals and other charges in operation from time to time to and from the Manchester station of the company and the company undertake that their charges for such traffic shall not exceed the charges of any other railway company for similar traffic between the same points.
This agreement may be terminated by either party ay any time on giving to the other twelve calendar months previous notice in writing and on the termination thereof the licensees shall remove the said works at their own expense and restore the surface of the soil to its former condition to the satisfaction of the company's engineer.
The company shall also be at liberty in the case of the breach or non-performance by the licenses of the conditions on their part to be performed to put an end to this agreement immediately and thereupon the licensees shall remove the said works at their own expense and restore the surface of the soil to its former condition to the satisfaction of the engineer and locomotive superintendent of the company.
The licensees shall pay the cost of stamping this agreement