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

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O'Brien for its costs of acquisition and reconstruction of the Penn Central Transportation Company railroad siding to serve the O'Brien plant facilities and purchase of new equipment by O'Brien to allow service of its plant by the new railroad siding. 2. The City agrees to grant to O'Brien a permanent easement to a part of Orange Street in South Bend, Indiana, which easement is described in Exhibit A attached hereto and made a part hereof, to have and to hold said easement unto O'Brien and unto its successors and assigns forever. 3. The City agrees in connection with the granting of said easement to O'Brien that it will construct two curb cuts in Orange Street which adjoins the O'Brien property at the place of said easement, said curb cuts to allow ingress and egress of trucks to the O'Brien property; and the City further agrees to pave the truck loading area at the O'Brien facility as the same extends between the O'Brien plant structure and Orange Street and adjoins the loading dock to be constructed by O'Brien. 4. O'Brien gives to the City a right of entry upon the real estate owned by it for the purpose of survey, grading, leveling, filling, draining, paving, and otherwise constructing the curb cuts and paved area referred to in paragraph 3 of this Agreement. 5. O'Brien agrees at its expense to remove all railroad track owned by the Chicago South Shore and South Bend Railroad which is to be abandoned by said railroad and which track extends from the southwest curb line of Washington Avenue eastward to the end of its line just west of LaPorte Avenue in South Bend, Indiana. The City hereby grants, assigns and conveys to O'Brien all of its right of salvage to said track given to the City under its agreement with the Chicago South Shore and South Bend Railroad. The liability of O'Brien concerning the condition of the street from which the railroad track is removed shall be that O'Brien will back grade the area after removal of the track and all further repair, reconstruction and 3.