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rw Tuesday, November 2 2nd . , 1932,
<br />Board met in regular session at 10:00 A. MI _9_� 11 members nr esent . 1/Tinute s
<br />of meeting held Tuesday, November 15th. , 1932, mead and approved.
<br />This being the date set, continued hearing was had on Improvement resolution
<br />No.2475.for the local sewer imorovEment in Duey Street from Howard Street to South
<br />Bend Avenue.
<br />In the above named improvement resolution, re-monstrators appeared but no
<br />written remonstrance was filed and the Board. after hearing all persons interested in
<br />said improvement resolution, decides to continue hearing until Tuesday, November 29th. ,
<br />19 32 , at 10 : 00 A. TV%
<br />The follcriting letter from the New York Central Railroad. Company received
<br />by City Engineer E. G. Wray, was ordered placed. on file and the Board -signed the agree-
<br />ment `,.dth the Railroad Comp^ny a.s requested in said letter:
<br />November 15th. , 1932
<br />h r. 7 G. ':';ray,
<br />U ity Civil Engineer,
<br />South Bend, Indiana.
<br />Dear Sir:
<br />Referring to the seTTer recently installed by the City_ north of New York
<br />Centra 1 main line and on the easterly side of Chapin Street, concerning which you have
<br />conferred,with Division Engineer Jerome-.
<br />Herewith duplicate draft of agreement dated November r 12th. , 1932 , to cover
<br />this occupancy of New York Central land. After execution on the part of the City, will
<br />you please return for execution by the New York Central and also let me have certified
<br />copy of whatever ordinance or resolution may be necessary under paragraph eleventh.
<br />Yours very t r u? y ,
<br />R. 0. Rote, Chief Engineer.
<br />A G R E E M E N T
<br />TTHIS AGREED.FET, made this 12th., day of November, 1932, between the New York
<br />Central Railroad Company, hereinafter called First Party, and Board of Public '+Forks,
<br />City of South Bend, Indiana, hereinafter called Second Party,
<br />I''ITNESSETH, that First Party, for and in consic eration of the sum of One
<br />Dollar ($1.00) to it paid by Second Party, the receipt whereof is hereby acknowledged,
<br />hereby licenses cnd permits, but with waranty, the Second Party, upon cond'tion that
<br />Second Party faithfully keep and perform the covenants and agreements herein 1provid.ed
<br />to be kept and performed by Second Party, and not otherwise, to install, meintain and
<br />use an eight inch tile- sewer on First Party's land on the easterly side of Chapin
<br />Street north of First Party's tra cks , also a catch basin, all as shown on print
<br />No.40305 dated October 15th., 1932, TThich is hereto attached- and hereby made a. part of
<br />this instrument, all of which is hereinafter referred to as the "fork" upon the follow-
<br />ing terms and conditions, all of which Second Party covenants and agrees to keep, abide
<br />by and perform:
<br />FIRST: Said Work shall be done at such time or times, . in such manner, with
<br />such material Pnd under such general conditions as shall be satisfactory to and approv-
<br />ed by the Chief Enponeer of First Party, or his duly authorized agent, and a. s will not
<br />interfere with the p'roper and safe use, operation andenjol,rment of the property and
<br />railroad of First Party. Second Party shall after the doing of said Work. restore the
<br />premises of First Party to the same cr as good a condition as they were in prior to the
<br />commencement of the wing cf said work.
<br />SECOIUM All the work to be done by Second Part, cr by the contractors,
<br />agents, or servants of Second Party, in connection with the, doing or said work, or in
<br />connection with the repair, renewal or maintenance thereof, shall be done at the sole
<br />risk and expense of Second Party, and the cost of-al1 work done by First. Party in
<br />connection therewith, the checking of plans and the wages of -any: inspectors or watch-
<br />men which, in the judgement of the said Chief Engineer of First Party, may be required
<br />during the doing of said iAork, br in .connection with the repair, renewal, ma intenance
<br />or use thereof, for the proper ^nd safe protection of the p roperty, traffic and business
<br />of First Party, shall be paid to First Party by Second -Party, upon bills being rendered.
<br />therefor.
<br />TF?TRD: First Party nry, at its election, do all. the work within the exter-
<br />ior lines of its :Ipnds in connection with cr necessary for the doing of said work, or
<br />in connection with the rep' Ir, renewal, maintenance or use thereof, through its Lands
<br />and. across its roadway and tracks, and all of said work shall be paid for by Second.
<br />Party as he reinbe fore provided.
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