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Tuesd%r, , July IOth. 1928.
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<br />of grades shall have been complet ed
<br />(3) Said Grand 'rank and said City shall .,each render to the other monthly
<br />bills covering the amount due from either to the other' hereunder, and under said agreem
<br />men t date *"ebruary I8th. , 1924, and the party, a ga i.nst whom any vu.ch bill is rendered sh
<br />shall pay the same within thirty day of the date of rendi :;ion., the same. to bear interes
<br />from date of rendition at the rate of six (6%) percent per annum if not so paid.
<br />A right of way over a given parcel of. land shall be deemed to have been.
<br />acquired when a valid contract for the purchase of same has been executed between the
<br />Grand Trunk and the owner, or an award of appraisers has. been made and filed, and the
<br />amount of such award paid into the court-`
<br />SE'"TION III. Said Grand trunk shall secure the land necessary for the
<br />cha3 d ro 2te described herein on or before August I,I927, and' shall complete the
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<br />construction of its nerw elevated lines of railroad on. or before August Ist. , 1929;
<br />ptovided, the same shall not be interfered 'Frith or delayed by. litigation, strikes,
<br />riots or other causes beyond it s control; provided further that the Grand trunk
<br />s'n.all not be required to surrender and release that part of division street lying
<br />of the east line of Michigan Street,. now occupied by is . trac'_�s, until the elevation of
<br />the New York Central tracks is completed and the Grand .Trunk- is permitted to connect
<br />with saki and operate over same.
<br />SECTION IV. The Grand Trunk, having already acquired. certain properties.
<br />along the line of it s on final alter2d rout e� -part o f which will be required. by. the
<br />City for the widening of le and ellows street, the City.agrees to repay, to the
<br />said Grand Trunk the cost of the land thus acquired which is within, the limits of the
<br />said streets as proposed to be widened, including as part of such cost reasonable.
<br />expenses incident to its acquisition, together with interest and other usual carrying
<br />charges until such land is required abd taken over by the City for such purposes. If
<br />any portion of such land shall constitute part of a larger tract, then the City will
<br />pay to the said Grand -Trunk that portion of the said cost thereof as the area of .the
<br />part lying within the limits of the -proposed widened street shall. bear to the area
<br />of the whole tract, plus any reasonable expenses of altering. or removing buildings
<br />thereon situate.
<br />SECTION V. An agreement made between ,the said Grand Trunk and the said
<br />City, parties hereto, relative to the closing of Rush Street and the opening of a
<br />new Street from Fellows Street to Clinton Streetm is hereby rescinded and cancelled,
<br />subject to the contingencies set forth in Clause six (6) of Section One (I)
<br />of this agreement.
<br />The grade of Rush Street at its intersection with Sample Street shall. con
<br />form to the grade of Sample Street and shall rise on an.ascending grade to the _north,
<br />three (3) feet in each one hundred (I00) feet.
<br />SECTION VI. It is understood and agreed that said contract hertofore
<br />made by and between the said City and the said New York. Central, under date of Jen.uary i!
<br />9th. , 1925, and the said Modified Resolution No.4 are not changed by this ..contract,
<br />save and except only whe_-e so specifically stated therein.
<br />S7CTI0N VII. Wherever the term Grand Trunk Western Railway Uompany or
<br />"Grand Trunk" is used in this agreement it shall be held to mean, and the terms and
<br />conditions of this agreement shall be binding upon and inure to the benefit. of the
<br />said Grand trunk Iffestern Railway Corgpany, its successors and assigns.; and whenever
<br />the term New York Central Railroad company gr "New York Centrals' is used in,this
<br />agreement it shall beheld to be mean, and shall be binding upon and .inure. to._the.
<br />benefit of the said New York Central Railroad Company its sucae�ssors. as.d. assigns.
<br />SECTION VIII. This .contract shall not be binding upon the parties hereto
<br />until the same shall have been ratified by an ordinance adopted by the Common Council
<br />of the City of South Bend, Indiana, nor until the agreement hetween the` "Grand Trunk"
<br />and the "New York Central", herein referred to, has been approved, by the Interstate
<br />Commerce Commission, if within the jurisdiction of that CommHsion. The ratification
<br />of this contract by said Common Council shall constitute its approval and sanction of.
<br />all actions and proceedings required herein to be taken by the Board . of Public �iorks
<br />for the vacation of streets and alleys, or parts of the same, and the appropriw tion of
<br />land which may become necessary in order to carry thisagreement into. effect.. .
<br />IN WITNESS !vTq--,REnsr the parties have caused their respective corporate names
<br />to be signed and their corporate seals affixed hereto and attested by the hands of their
<br />duly authorized officers, on the day and year first above named.
<br />GRAND TRUNfC 's'ES^ERN RAILWAY COTM&NY
<br />BY S. J. 3ERPOM . ITS PRE SIDMTT
<br />ATT �ST'�'D
<br />"l. C. T01-MNS ITS SECRETARY.
<br />1175 YORK C a T T'R4L RAILROAD C O?7JUTY
<br />BY P. E. CRO':'1LEY ITS PRESIDENT
<br />ATT-',STED:
<br />F. STEW MSON ITS SECRETARY.
<br />�'K F_.'
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