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It is stipulated and agreed that said aforementioned equipment procured from the <br />yeard of first party by secondparty for use on the 3rd day of August, 1939,,and <br />has been so leased by second party since said date; that the effective date of <br />this contract shall be the 3rd day of August, 1939, that rental -on each item shall <br />be computed only for the time same is in actual use away from the yard of first <br />party; that second party shall be liable to replacements for any part of said <br />equipment lost or damaged beyond repair at the prevailing market price for said <br />item so lost or damaged. <br />It is further agreed that first party shall not be liable or accountable to <br />second party or employees of second party using said equipment for any resulting <br />damages occasioned by the use of said equipment and shall not be liable in damages <br />for injuries sustained by workmen using said ecp ipment or in t he transportation <br />of the same to or from the yard of first party. <br />It is further agreed that said second party will keep said equipment in good re- <br />pair returning the same in as good condition as received, wear and tear excepted. <br />In this connection it is agreed that when said eq ipment is returned same will <br />have been carefully cleaned and a coating of grease applied to the forms and <br />carefully replaced in the yard of the first party in such manner as may be direct <br />by first party. <br />It is agreed rental shall continue upon said eq ipment for so long a time as said <br />equipment shall remain away from the yard of first party at the prices above <br />stipulated; that rental payments shall be made in the name of Reed Brothers and <br />directed to the office of first party at 2022 North Main Street, City of Mishawaka, <br />Indiana. <br />IN ,VITNESS 'NHEREOF THE PARTIES HAVE l EREUNTO SET THEIR HANDS AND SEALS THIS 7th . <br />day of August, 1939. <br />Reed Brothers <br />By I. C. Reed (signed) <br />Board of Public Jorks, South Bend, Ind. <br />By Clyde E. "Nilliams (signed) <br />George N. Beamer ( signed) <br />CITY CEMETERY: Mr. McNabb was present and filed his report for the last half of July, <br />1097 showing a total of e'r43.00 collected. <br />Mr. McNabb com-plained regarding children using the cemetery for a playground after <br />working hours. The mattdr shall be referred to the Police Department. <br />An estimate of the cost of changing the heating system for the purpose of utilizin <br />commercial heat was submitted by 0. J. Shoemaker. <br />STREET DEPARTMENT: Mr. Zmudzinski was present and matters pertaining to his department <br />were discussed. I,ir. Thielens reported to the Board on the condition of the Street De- <br />partment flusher. The use of the old tank on a new chassis was.not recommended. <br />STREET LIGHTS: Petitions for street li,hts in the alley between Blaine and Cleveland <br />4 n the 500 block and on S. Franklin Street between Donald and Ewing Ave. were received <br />the Board and were referred to the Electrical Department for investigation and report <br />BUILDING DEPARTMENT: Mr. Moomaw, Building Commissioner, in a report on the condition of <br />Me building located at 331 and 335 S. Walnut Street stated that it was not in immediate <br />danger. This report was requested after the Street Commissioner had stated before the <br />Board that the building was unsafe and should be condemned and removed. <br />The Board approved plans for the construction of a proposed narking area on Lincoln <br />Way West between Lawndale Ave. and the first alley east of Lawndale. <br />Continuation certificate on Excavation Bond of Niezgodski Brothers was approved. <br />Meeting adjourned at 12:20 P.:,1. <br />ATTES BOAR PU LIC WOR! "v <br />r <br />tl6rk SPECIAL MEETING --AUGUST 9, 1939. <br />The Board of Public 'yorks met at a special ir_eeting called for the purpose of takin <br />further action on IMFROVETMENT RESOLUTION No. 2501 for the resurfacing of East Jefferson <br />Blvd. between Eddy Street and Greenlawn Avenue. After discussing the matter further, <br />action was delayed until Monday, August 14, 1939, at 9:30 A.1,11* <br />ATTEST: <br />-7� er <br />C <br />• <br />• <br />• <br />• <br />LJ <br />