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5. Should any dispute arise respecting the true construction or meaning of the drawings or specifications, the same shall be decided by Henry A. Cobb and A. A. Selover, and their decision shall be final and conclusive; but should any dispute arise respecting the true value of the extra work or works omitted, the same shall be valued by two competent persons—one employed by the owner and the other by |. contractor—and those two shall have power to name an umpire, whose decision shall be binding on all parties. 6. The owner shall not, in any manner, be answerable or accountable for any loss or damage that shall or may happen to the said works, or any part or parts thereof respectively, or for any of the materials or other things used and employed in finishin and completing the same (loss or damage by fire excepted), .# the said building is completed. In witness whereof, the said parties to these presents have hereunto set their hands the day and year first above written. Signed and sealed in the RICHARD H. SINTON. presence of ALEXANDER H. HoustoN.

Agreement for Building a House—short Form.

This agreement made the day of , one thousand eight hundred and , by and between A. B., of, &c., of the first part, and C. D., of, &c., of the second part, witnesseth : That the said party of the second part, covenants and agrees, to and with the said party of the first part, to make, erect, build and finish, in good, substantial, and workmanlike manner, on the fifty vara lot of the said party of the first part, situate on XIyde street, in the city of San Francisco, a dwelling-house, agreeable to the draft, plan, and explanation, hereto annexed, of good substantial materials [if the materials are to be furnished by the party of the first part, say: of such materials as the said party of the first part shall find or provide for the same], by the day of next.

And the said party of the first part covenants and agrees to pay unto the party of the second part, for the same, the sum of

dollars, lawful money of the United States, as follows:

the sum of dollars in thirty days from the date hereof, and the remaining sum of dollars, when the Said dwelling-house shall be completely finished. [If necessary, add. And also, that he will furnish and procure the necessary materials for the said work, in such reasonable quantities, and at such reasonable time or times, as the said party of the second part shall or may require.]

And for the true and faithful performance of all and every of the covenants and agreements above mentioned, the parties to these presents bind themselves, each unto the other, in the penal

sum of dollars, as fixed and settled damages, to be paid by the failing too. In witness, &c.

Agreement with a Mason.

This agreement, made the day of, &c., between A. B., of, &c., and C. D., of, &c., witnesseth : That the said C. D., for the consideration hereinafter mentioned, promises and agrees, to and with the said A. B., that he will do and perform, by himself or persons in his employ, in a good and workmanlike manner, . with materials to be furnished by the said A. B., all the mason and plastering work to be done in and about the erecting and building a new dwelling-house on the fifty vara lot No. 200, of the "...# A. B., on California street, in the city of San Francisco, according to the plans and specifications hereto annexed ; and also, that he will use the utmost care in working up the materials to be furnished by the said A. B., as aforesaid, to the best advantage for the said A. B., and that he will cómplete the said work on or before the day of Inext.

And the said A. B., in consideration of the premises, agrees to furnish and provide good and sufficient materials for the said work, at such time or times as the said C. D. may request; and to pay the said C. D. for all such work as shall be performed by him or his servants in and about the said new dwelling-house, ornamental work excepted, on the completion of the same, at and after the rate of per yard of three feet square, and the sum of dollars for all the ornamental work done or performed in and about the said dwelling-house—it being expressly understood and agreed, that no extra charge is to be demanded or allowed, for corners, arches, jams, joints, fire-places, or any other kind of work not strictly ornamental, but all the work is to be measured as plain, except the ornamental work to be paid for, as aforesaid, in gross. o

In witness, &c.

Party-Wall Agreement.

This agreement made and entered into at the city of San Francisco, this day of , A. D. one thousand eight hundred and sixty, between Albert L. Bancroft, Charles J. Leonard, and Frederick Whittram, of the said city, of the first part, and John C. Barnes, of the city of New York, of the ...! part, witnesseth: That whereas the said parties of the first part are the owners of a lot of land [insert description], and whereas the said party of the second part, is the owner of the adjoining lot of land upon the easterly side thereof, and whereas the said parties purpose to improve their said lots by the erection of brick or stone buildings thereon, and the said parties of the first part have commenced erecting such improvement on their said land, under a verbal agreement, that the walls to be erected on their division lines should be erected equally upon their several lots; and whereas, the respective parties are desirous of having their said agreement reduced to writing; now, therefore, in consideration of the premises, it is agreed by and between the parties to these presents, that the said parties of the first part shall have the immediate possession o use of one of the portions of the lot of the said party of the second part, convenient or necessary for the purpose aforesaid, and shall construct thereupon, in a good and workmanlike manner, upon a foundation to be substantially piled and capped, a wall or walls, one-half whereof shall be upon the land of said party of the second part, and one-half upon the land of said parties of the first part, and running ...i. from street sixty feet and six inches, on the division line of the lots aforesaid, to be built of good building stone or brick, of the thickness of sixteen inches from the base to the second floor, to the height of twenty-four feet, and of the thickness of twelve inches from the second floor upward to the height of twenty feet, including the second and third stories; the whole to be capped with a fire-wall of the thickness of eight inches to the height of two feet. The whole of said wall to be of the depth of sixty feet and six inches. And the said party of the second part doth hereby covenant, promise, and agree to and with the said parties of the first part, that after the said wall shall be erected, finished, and ready for use, whenever he shall use the whole or any part thereof for the construction of a brick or stone building, that he will pay to the said parties of the first part, on demand, the one-half part of the value of so much and such part of said party-wall, including the made foundation thereof, as he shall make use of; and in case the parties hereto cannot agree and determine as to the amount to be paid by the said party of the second part for the use of said party-wall, then such amount shall be ascertained and determined by arbitration; the parties of the first part to appoint one arbitrator, and the party of the second part to appoint one arbitrator, and in case said arbitrators cannot agree and determine upon such value, they shall themselves appoint a third arbitrator; and the decision of any two of said arbitrators, delivered in writing, shall be conclusive and binding upon the parties hereto. And the said parties to these presents do hereby mutually covenant and agree, that if it shall thereafter become necessary to repair any portion of the said | "... the expense of such repairing shall be borne equally by the parties hereto; and if it shall hereafter become necessary to rebuild such party-wall, or . portion thereof, by reason of its destruction by fire or other calamity, in that event, either party shall be at liberty to rebuild the same, and the expense of rebuilding shall in the first instance be borne by the party rebuilding; and whenever the other party shall desire to make use of the wall so rebuilt, or any part thereof, he shall be at liberty to do so, upon paying to the party rebuilding, on demand, one-half of the value of the wall rebuilt, or of such portion thereof as said party shall desire to use at the time he shall so desire to use the same. And if the parties hereto cannot agree upon the price to be paid to the party desiring the use thereof, the same shall be determined and fixed by arbitration, as hereinbefore provided, for ascertaining the amount to be paid on the first use of said party-wall; and that whenever said party-wall shall be rebuilt, it shall be erected on the same spot where it shall be erected under this agreement, and shall be of the same dimensions, and of the same or similar materials. And it is hereby mutually agreed by and between the parties to these presents, that in case either party shall, at any time, desire to erect said party-wall to any greater height than the same shall be erected as aforesaid, said party shall be at liberty to do so, either upon the whole width of said wall or upon that portion thereof which corresponds with his portion of the land upon which said wall shall then stand; and in case said party shall erect to a greater height, either upon the whole width, or on such portion thereof, such erection shall in the first instance be at the expense of the party building, and in case either party shall continue such higher erection the whole width of said o: -wall, whenever the other party shall desire to use the same e shall be at liberty to do so, upon |. to the other on demand one half of the value of said higher erection, or of so much thereof as he shall make use of, at the time when he shall so make use of the same; and in the event the said parties hereto cannot agree and determine on said value, it shall be determined and j by arbitration, in the manner hereinbefore provided for ascertaining the amount to be paid for the first use of the wall to be settled in pursuance of this agreement. And the said parties to these presents do hereby mutually covenant and agree, for and with themselves and their respective heirs and assigns, that the whole of the wall above-mentioned shall be and remain as a party-wall, to be continued and used as such forever. And it is further mutually understood and agreed, by and between the parties hereto, that this agreement shall be perpetual, and at all times be construed into a covenant running with the land; and that no part of the fee of the soil upon which said wall shall be erected, belonging to the said parties of the first part, shall pass to the said party of the second F. and that no art of the fee of the soil upon which said wall shall be erected, elonging to said party of the second part, shall pass to said parties of the first part, or to the respective heirs or assigns of said parties, or be vested in them or either of them, in or by these presents. And it is mutually understood, that the stipulations and agreements aforesaid are to apply to and bind the heirs, executors, administrators, and assigns of the respective parties. In witness whereof, the respective parties to these presents, have hereunto, and to a duplicate hereof, interchangeably set their hands and seals, the day and year first above written. Witness, J. W. J. PIERson. CHAs. J. LEONARD. [L. s.] ALBERT L. BANCROFT. [L. s.] FREDERICK WHITTRAM. [L. s.] John C. BARNEs. [L. s.] By his attorney in fact, AARON Johnson.

Party- Wall Agreement—short Form.

This agreement, made the day of, &c., between A.B., of, &c., and C. D., of, &c., witnesseth : That whereas the said A. B is the owner of the lot and store known as number , street, in the city of Sacramento; and the said C. D. is the owner of the lot adjoining the same on the northerly side thereof, on which last-mentioned lot the said C. D. is about to erect a brick store; now, therefore, the said A. B., in consideration of the sum of dollars, to him in hand paid, the receipt whereof is hereby acknowledged, doth for himself, his heirs, executors, administrators, and assigns, covenant, grant, promise, and agree to and with the said C. D., his heirs, executors, administrators, and assigns, that he, the said C. D., his heirs and assigns, shall and may, in the erection of the brick store about to be built, as aforesaid, freely and lawfully, but in a workmanlike manner, make use of the northerly gable-end wall of the said A. B., or so much thereof as the said C. D., his heirs or assigns, may desire as a party-wall, to be continued and used as such forever.

And the said A. B. and C. D. do hereby mutually covenant and agree for and with themselves, and their respective heirs and assigns, that if it shall hereafter become necessary to repair or rebuild the whole or any portion of the said party-wall, the expense of such repairing or rebuilding shall be borne equally by the said A. B. and C. D., their respective heirs and assigns, as to so much and such portion of the said wall as the said C. D., his heirs and assigns, shall or may use for the purposes aforesaid; and that whenever the said party-wall, or any portion thereof, shall be re

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