09/12/1913 Board of Public Works Minutes

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127 -r :u,�T September 12th• ,19z3. Continued. And said Railway Company does hereby grant unto the said City of South Bend, said ea,sewn.t to use, occupy and aross said right-of-way upon the line hereinbefore described for the purpose herein mentioned and provided, and under the conditions herein stipulated, and does further hereby grant unto said City, in consideration of the. agreements and covenants on the part of said City, the right 'te perpetually maintain said sewer as herein provided, and the further right to re-enter upon said premises, as herein provided, for the purpose of re- pairs to be made to said sewer. _ During the progress of the work, the City of South Bend, its employees, con- tractors or agents shall have the right to use and occupy portions of the right-of-way along the line of said sewer where the sane crosses said right-of-way, for the purpose of storing materials, sewer pipe, and doing the eoxstruetive work over said right-of-way, and While cox- structing said sewer across said right-of-way; and said occupation shall be such a character as not to interfere with the work of said Railway Company and the operation of its Railwaad. While said work of constructing said sewer is in progress over the right-of-way of said Railway Company, or at anytime w ex repair`s are being nude thereto, or other, work done on said sewer, if any person or persons'are injured by said Railway Company by the -oper- ation of its trains over its said tracks at, over or about said right -of -Tray which injury is caused by the construction or existence of said sewer, or which injury is to any person or per- sons who were in or about said sewer for said City, or its agents or contractors or connected with the construction of said sewer, the said City of South Bend does hereby agree to and binds itself to render and hold the said Railway Company free from the payment of any sum of money which said Railway Company may be required to pay in settlement of such -injury or damage; and said City agrees to fully compensate and reimburse said Railway Company for the payment of any sum which it, the said Railway Vonpaxy may be compelled to pay in liquidation of such damages. In Witness Whereof, we have hereunto set our hands and seals this 30th. , day of September,1913. CITY OF SOUTH BEND, By OTTO C. BASTIAN (SEAL) CHAS. F. NIEDBALSKI( SEAL) ( SEAL ) Board of Public Works. THE LAKE SHORE AND MICHIGAN SOUTHERN RAILWAY COMPANY. By D. C. MOON _ ( SEAL) Explanation: - The Board of Public Works signed this agreemext;this the 12th.2 day. of September 1913 and the Lake Shore and Michigan Southern Railway Company signed September 30t h. ,1913. President.