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

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between Brookfield and Jackson Streets in the City of South Bend, Indiana, are presently served by the said South Shore tracks to be abandoned and O'Brien desires to consent to such abandonment of its tracks by the South Shore upon the construction and reconstruction of a railroad siding owned by the Penn Central Transportation Company from the existing Penn Central mainline right -of -way to the O'Brien plant facilities. WHEREAS, O'Brien desires to acquire salvage rights in all of said South Shore tracks from the City for the purpose of constructing and reconstructing a Penn Central siding necessary to serve the O'Brien plant facilities. WHEREAS, O'Brien in order to utilize the Penn Central railroad service to its plant facilities will require certain curb cuts in Orange Street and a permanent easement as hereinafter described in a part of Orange Street from the City. WHEREAS, the Common Council of the City of South Bend, on May 26, 1870, granted a right to construct a railroad siding track on Grant Street from the location of the then Lake Shore railroad tracks, now the mainline of the Penn Central Transportation Company to the O'Brien factory, now the O'Brien plant facilities, and O'Brien desires to obtain assurance of the continued right to existence and use of a right -of -way in Grant Street for the purpose of railroad siding service by the Penn Central NOW, THEREFORE, it is agreed by and between the parties hereto and for and in consideration of the premises and the mutual covenants herein contained, as follows: 1. The City agrees to pay to O'Brien upon execution and approval of this contract as hereinafter provided, the sum of Thirty - One Thousand, Nine Hundred and One Dollars ($31,901.00) to compensate 2.