09/19/1917 Board of Public Works Minutes

Home Browse Search

o Th`s' agreement shade this 19'th. day of September 1917 in duplicate by and Between Fred Corporan, of the City of South Bend, Indiana,, party of the first part, and the City of South Bend, by and through its. Board of Public Works, party of the ,second part, Witneaseth:-� That whereas the said party of the first part claims to be the owner Df lots Nos. 77,78;79 and 80 in Sub -Division "C" in River Park, now a part of the City of south Bend, Indiana, and tha.t therein an alley running east of Eleventh Street between a.id lots in whidh there is a bed of gravel, which the said party of the first part desires to use. It is therefore agreed by and between said parties that said party of the 'irst part shall be permitted to excavate the salgi and gravel in said alley as the same xten.ds between the above described` lots only, and that. after he has removed said gravel .nd sand that he shall :fill in and -restore said alley to such grade ,as shell be established y the City Civil Engineer of said City; all of which shall be done within Ninety days rom the date hereof. And to secure the performance of this agreement by said party of the irst part he has herewith deposited in the Office of the said Board of Public Works his ertififed check in the sum of $250,00 payable to said City, which shall be the property f said City as liquidated damages for any failure of said party of the first part to fully erform this agreement, and upon such failure such city shall cash said check and use said oney as its own. But if ,said party of the first part -shall fully perform this ggreement hen the said party of the second part shall deliver up to )Jim said certified check. And upon the �fa, ilure of said first party to fill up and resstor� said lley to grade as herein required of him, the said City shall have the right to go upon he above described lots and Rio do'all things necessary thereon for the purpose of filling p and grading said alley, and placing the same in a good passable condition. In Witness Whereof, the parties hereunto set their hands: the day and year first above w1itten. FRED CORPORAN, Party of the first part. CITY OF SOUTH BEND, by E. M. MORRIS JOHN B. WEBER Its Board of Public Works , party of the second part. P-resident.