12/16/1924 Board of Public Works Minutes

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552 WHEREAS, ifti 'furtherene a ' pursuance said Act of the G r 1 As sembly, the Cetmon Council of South Bend on the day of 919�49 duly approved said resolution; and WFREAS, said Resolution applies only to -the change and separation of the grade crossings of said certain streets and certain streets and oert in now existing tracks of the New York Central; and, WHEREAS, the;developement of the facilities of the New York Central in serving the public of South Bend will require the.'New York Central to constMet- tracks additional to said nvw existing tracks of The New York Central; and it will therefore promote the public convenience and welfare and is desirable and benefieal to South Bend and to the New York Central. &hat the New York Central shall have the right, upon the conditions hereinafter stated, to construct additional tracks; across- and over the streets and alleys in S;auth Bend, and that the crossings of any, such additional tracks across .anti over said intersecting streets referred to in said Resolution of the Board of Public Works shall conform to and be Irovided for coincident with the crossings of said now -existing tracks over said intersect- ing streets as as provided for in said Resolution; and t WHEREAS, the plan of improvement as provided in said Resolution is, as hereby supplementer, mutually satisfactory to the parties hosts; NOW THEREFORE,�it is hereby agreed by and between the parties; ONE. South Bend hereby grants to the New York Central the right to construct from time to time hereafter and to maintain add operate, within the present limits of the right Qf way of the New York Central, across and over the streets w1dih lleys wi thin, Sou_ th Bend which intersects said right of way of the New York Centr;$l such tracks other than and additional to the now existing tracks of the New York Central ( which now existing tracks are shown upon the plat endorsd. by the engineers of the parties hereto and hereto attached) as may be necessary ,. to provided a system of not more than sine main tracks, -or four main tracks and two through thoroughfare or running tracks, upon the main line right of way of the New York Central throughout South Bend, and the right from time to time to re- locate upon said right of way said now existing or additional tracks, said grant being upon the following conditions- (1.) All of said other and additional and relocated tracks which shall hereafter cross anf, of the inter- seeting streets, the grades of which have been changed or separated from the grade of the now existing tracks of the New York Central by said Resolution of.- the Board of Public Works, shall be so -constructed that the street grades and clearances -in said Resolution provided are maintained and preserved and that the bridges supporting any of said other and additional and relocated tracks ever and across any street subways in said Resolution provided shell conform in character and appearance to the bridges to bs cerLstructed for a said now existing tracks of the New York Central. (2) The entire experise of the construction of bridges for such tracks, other -than and additional to said now existing tracks of the New York Central, .over and acrarss any street at which a street subway is in said Resolution provided for , and the entire e2pense of any additional masonry required for said other and additional tracks, shall be assumed by the New York Central. (3) The New York Central shall commence during the year 1925 the work required by law to be done by the New York Central as provided in said Resolution of.the Board of Public Works and shall complete said work.on or before August 1119291, provided that the commencement or completion of said work shall not be interfered with or delayed by litigation, strikes, riots oz-.other causes beyond the control of the New York Central, and provided further ` that, upon application to the Board of public Works, the New York Central may obtain an extension or extensions of saki time of commencement and completion of said work, if the New York Central shall show reasonable cause for such extension or extensions.