Approving a contract between the City of South Bend and the O'Brien Corporation

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This Agreement entered into this day of , 1974, by and between The O'Brien Corporation, hereinafter referred to as O'Brien and the Civil City of South Bend, a municipal corporation of the State of Indiana, hereinafter referred to as City. WITNESSETH: WHEREAS, the City is planning construction of a connector route between Colfax Street and Washington Avenue in South Bend, Indiana, over the general route of Orange Street between Birdsell Street and Washington Avenue, the South Shore right -of -way between Orange Street and Colfax Avenue, and Colfax Avenue east of Studebaker Street; and WHEREAS, the City in the construction of such connector will be required to remove the railroad tracks of the Chicago South Shore and South Bend Railroad from Colfax Avenue and Orange Street. WHEREAS, the said South Shore Railroad and the City have entered into an Agreement whereby the South Shore agrees to abandon its railroad tracks in place as the same extend from the southwest curb line of Washington Avenue eastward to the end of its line west of LaPorte Avenue; and by said Agreement the City is given the right of removal of said tracks and all salvage rights therein gained by its removal. WHEREAS, the O'Brien plant facilities which are generally bordered on the south by Washington Avenue, the west by O'Brien Street, the north by Orange Street and the east by an alley extending