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415
<br />Tuesday, June 25th., I929.
<br />hereby ^ranted, on the following terms and conditions, to -wit:
<br />I. Said additional track shall be constructed on lands o,}ned by the New
<br />Jersey, Indiana & Illinois Railroad Company and shall cross Sample Street at grade.
<br />2. Said additional track shall be constructed, maintaitned, used and oper-
<br />a.ted according; to the terms of the franchises heretofore granted to the said New
<br />Jersey, Inianana, Illinois 'railroad Company, which said franchises were contained
<br />in an ordinance adopted bn the 28th., day of February 1904, and all ordinances
<br />amendatory thereof or supplemental thereto.
<br />3. The said New Jersey, Indiana & Illinois Railroad Company, its successors
<br />and a ssi gns shall so constr-:i.ct its said tracks as to cause the least obstruction
<br />possible to the passage of rersons and vehicles and shall always maintain said cross
<br />ing so as ma'_ce the sage safe and convenient for the passage of persons and ;vehicles
<br />Company,
<br />and said Company, its successors and assigns, shall make and maintain under its said
<br />tracks, sufficient culverts and drains to admit the free passage of water along said
<br />street and shall when required by said City plank said tracks between rails the entire
<br />width of said street and shall when so reauired also, plank the sidewalks where they
<br />cross such tracks and shall '_peep such crossings when so made, in good repaid and
<br />condition;
<br />4. If said railroad company, its successors and assigns, after notice,
<br />shall fail or refuse to do any and all of the things required by this contract,
<br />then the same shall bre done under the order-°s of the Council by the Street commissioners
<br />of this City and the expense of doing same, with a p-nalty of twenty (20�) percent,
<br />be recovere,' from said Company, its successors and assigns, in any court of competent
<br />jurisdiction.
<br />5. The said Railroad Company, its successors and assigns, shall be subject
<br />toall ordinance and re, i3o:°r in force, or any that may he hereafter passed
<br />by the ommon Council• of said `'ity in relation to the speed of trains In or through
<br />the `pity and the securit of citizens and others from the operation of trains in or
<br />through said lity and to all reasonable regulations and ordinance concerning the
<br />running and operation of railroads in said City.
<br />6. To each of t �� terms, cinditions, provisions,stinulations and re€�uirements
<br />of this contract the City of °outh Bend, by and through its 3oard of Public `orks,
<br />party of the first part herein, and the said Ztew Jersey, Tndiana � Illinois Railroad
<br />Company, party of the second part herein, do fully agree and do bind themselves, their
<br />successo--s and assigns.
<br />7. The permission hereby given shall be subject to the approval and confirm
<br />ation of the Common Council of the City of %uth Bend.
<br />ATTD B'± IT F 'RTuFR R7,SO-,7vD, by said 3oard of Public Works, That Wednesday
<br />the IOth., day of July I929, at 7-30 P. IT., at the office of said Board of Public
<br />Works in the City of 6outh Bend, Indiana, be fixed as the time and plade when xxilt
<br />and w-lere this resolution shall be finially considered and a public hearing thereon
<br />: shall be had, and at which time protests aga �nst any or all t'ae provisions of said
<br />resolution shall be heard and condidered a#d that notice of the time and place of such
<br />hearing shall be given asrequired by law.
<br />IN TFSTIA" OTTY "ITT 177,0 4', we have hereunto set our hands and -seals this 25th.,
<br />day of June 1929, in duplicate.
<br />H7 CITY OF nTTTT� 97IND
<br />By
<br />UoTT r, CT1roroR
<br />RAT,PTT 7. -7TSS
<br />T3O'LRD OF PTr3LI^ ' ORBS
<br />N77 JTRSFY INDIAT'A & ILLINOIS R ",TLROAD 1707'PA"TY
<br />3Y T. A. ?TYN ES ?RFSIP 11TT. "
<br />The '3oard signed the follo,.-iing lease of space on Airport.
<br />. LEASE OF SPA^F ON AIRPORT.
<br />This indenture made in the City of mouth Bend, County of St. Joseph, State
<br />of Indiana, this Ist. , day of July, 1929, witnesseth:
<br />An agreement made by and between the Yunicipal "ity of South Bend, Indiana,
<br />by and through its 3oard of Public `corks, party of the first part and the Schockley
<br />Flying aervice, r.arty of the second"part, as follojvs,to-wit:
<br />the said first party having leased and being in possession, subject, however,
<br />tp to certain rights 8iven to the Ot. Joseph 'Talley Aviation Club, Incorporated, of
<br />;I the said City of South Bend, which contract is dated June 25th., 1928, and which con
<br />tract said senond ?parties are familiar with and copy of said contrast is attached
<br />hereto,, the following described real estate; situate in zit. Joseph `'ounty, Indiana,
<br />to -wit:
<br />
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