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<br />Wednesday, April ISth., 1934
<br />AREAS, because of finandial conditions beyond the control of the parties
<br />hereto, said Railroad Company and U lty have been unable to secure funds with which
<br />to completely carry out the terms of said A-grbi�ment of April 11, 1930 with respect
<br />to said .crossing, and
<br />AREAS, said Division Otreet, now known as Western Avenue, at the point
<br />where it crosses said railroad is a part of the route of State Road No.2, and on the
<br />reasonable and proper extension of Indiana Federal Aid Route No.13 thru South Pend,
<br />and
<br />• WFEREAS, under the terms of the National Industrial Recovery Act of June -
<br />16, 1933 and the Rules and Regulations approved thereunder by the Special Board for
<br />Public Works, certain funds ere available to the State under certain conditions for
<br />the improvement of extensions of the Federal Aid highway system into and through
<br />municipalities, and
<br />iFEPEAS, under Sec. 27 of Chapter IS of the Acts of 1933 General Assembly
<br />of the jtate of Indiana entitled: "An Act Creating a State Highway Commssion, etc".,
<br />the State Highway commission is authorized "to cooperate with the United States
<br />Government under any federal law 4.n any manner necessary to secure for the State of
<br />Indiana the proportion of any federal appropriation which may be n-Bde in the future",
<br />and
<br />• WIERFAS, the Otate desires to construct said railroad bridge, street
<br />eppros ches9 and the drainage thereof with National Recovery Highway Funds and s
<br />submitted this project as a part of its program of National Recovery Yunicipal Pro-
<br />jects under, said Np tional Industrial Recovery Act of June 16, 1933, now
<br />THEREFORE > in consideration of the mutual provisions contained herein,
<br />the parties hereto for the purpose of separating grades at the said crossing of the
<br />mein li#e of the New York Central Railroad with Western Avenue and balnut Street, in
<br />South bend, hereby agree with each other as follows;
<br />1. The State agrees to submit to the proper Federal Authorities all
<br />necessary project statements, plans, specifications and other papers and to diligently
<br />endeavor to obtain all necessary Federal approval thereon, for the construction of
<br />this grade separation with NAtiona.l Recovery Highway funds, allocated to the State.
<br />The bailroad Company and the City agree to cooperate with and assist the State in
<br />i every reasonable way to accomplish these things.
<br />11
<br />11. In the event that ell. necessary Federal approvals are secured within
<br />one year from the date hereof then the parties agree that the said grade separation
<br />�`shsll be constructed as hereinafter set out, but in t b e event that such epprova is are
<br />not secured within one year, then this agreement shall be of no force and effect. If
<br />sand when this agreement becomes fully operative end effective it shall supersede and
<br />j replace or modify all portions of the aforementioned agreement of April 11, 1930 with
<br />which it is in conflict, but only to the extent of such conflict.
<br />ji 111. The work shall m subject to all Federal laws, rules, regulations,
<br />orders grid approvals applying to it as a Blational Recovery Vunicipal Project.
<br />1V. The ork included in anc covered by this agreement shall consist of
<br />and include,
<br />i
<br />(a) Raising the track of the railroad company at the center line of
<br />Western Avenue by approximrntely 4.96 feet, and all work incidental
<br />thereto inc led ing any necessary raise in the tracks of the New
<br />Jersey, Indiana and Illinois Railroad Uompany, and of the New York
<br />• Central nailroed Company's connecting track to the Michigsn Cen-
<br />tral Railroad.
<br />(b) Constructing a five track bridge to carry the railroad over West-
<br />ern Avenue and Walnut Street.
<br />(c) Widening end reconstructing Western Avenue from Kosciuszko 6tr:et
<br />to Maple Street and ra is ing Western Avenue at its crossing of the
<br />New Jersey, Indiana and Illinois xsi lro ad and of the New York
<br />Central railroad Companys connecting track to the Michigan Central
<br />railroad and depressing said Western Avenue to pass under the pro-
<br />posed railroad bridge with a minimum vertical clearene of 14 feet,
<br />• including paving, curbs, retaining Wails, sidewalks, stairways,
<br />hand rails, servers, dra-ns, and all work incidental thereto.
<br />(d) Relocating and depressing "alnut Street and reconstructing same
<br />from the second alley south of Western Avenue to the second alley
<br />north of Western Avenue and all work incidental thereto.
<br />V. The State shall pay the entire contract cost of the railroad bridge,
<br />;including the actual contract cost of steel work heretofore purchased, the contract
<br />cost of the temporary structures and falsewcrrk involved therein, the entire construct-
<br />ion cost of reconstructing Western Avenue from Kosciukzko street to I.aple Street and
<br />of reconstructing Atlnut Street from the second, e_11ey south of Western Avenue to the
<br />second alley norv7 of Western Avenue including Street and alley connections, such
<br />cost to include the cost of pavement, curbs, sidewalks, retaining walls, hand rails,
<br />Stairways, drainage, and of incidental items involved therein, including changes in
<br />elvers directly* mede necessary by such construction and the purchase cost of filling
<br />aterial and ballast required to raise the railroad, such material to be delivered on
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