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

Home Browse Search

maintenance shall be the liability of the City. 6. O'Brien agrees to give written notice to the Chicago South Shore and South Bend Railroad as soon as O'Brien no longer requires freight service to its plant by the South Shore Railroad so that service by the South Shore may be discontinued and the South Shore track in Orange Street from the southwest curb line of Washington Avenue eastward to the Johnson Street - Orange Street intersection may be abandoned by the South Shore and its removal undertaken by O'Brien as hereinbefore provided. O'Brien further agrees that said notice to the South Shore of the right to discontinue service shall be given no later than January 2, 1975, and that said track shall be removed by O'Brien no later than February 1, 1975. 7. The City hereby affirms the grant made by the Common Council of South Bend, Indiana, on May 26, 1870, of a railroad track right -of -way in and over Grant Street in South Bend, Indiana, between the Penn Central mainline railroad tracks and the O'Brien plant facilities, for the use of the Penn Central Transportation Company and its successors and assigns. 8. This Agreement is expressly made conditional upon its acceptance by the Common_ Council of the City of South Bend and the approval of the Ordinance heretofore adopted by the Common Council of South Bend appropriating the funds for the Orange- Colfax Connector .1" project from which the moneys herein provided to be paid are to be made available by the appropriate Board of the State of Indiana, and should said Agreement for any reason fail to be approved by the Common Council or said appropriation ordinance for any reason fail to be approved by said State Board, then this Agreement shall be null 4.