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<br />Th Allowing memor dum of re. ent signed and returned to the
<br />Michigan Central RaIway Uempay'or confma' on.
<br />MEIN©RA UM OF G �+t�I i �hi s 8th d of M
<br />A D. 19921 by ang e�ween tAe MGANMNIT ftlmlb ANY ereina er ca� .td
<br />the, Railroad' -Co. any ,., and the City of South Bend' _Indiana, hereinafter .called the
<br />City. WITNESSETH�OP'
<br />Said railroad Company in consideration of the sum., of One ($1.00)`
<br />Dollar to it in hand paid, the receipt of which is hereby acknowledged, and i(ther'
<br />valuable considerations, hereby grants to said City permission to pace, maintain and
<br />use`six (6) six 6); inch tile laterals across the right of wayand underneath.the
<br />track of said Railroad Company's South Bend Divisiion, so-called, at a ppoint south
<br />of Hagerty Street,jin connection with the proposed sewer about to be lal.d along the
<br />e st rl side of merick Stye t hie street d��jj ins said R 1 d Co pan ts::
<br />r h or way on tfe east, a ed Eater to be 3°� across satfigght o ward �s locate'
<br />uppn and across lots five �5 six�`, seven 7) and ei t8 Coquillard s First
<br />#ddition to the City of Sout tend St. Jose h u t , Inana, as shown on plan,
<br />Contract Book 17: Page 15 'hereto attaehed anod a eby made a part hereof, for the
<br />pur ose'of serving the portions of said lots lying west of said Railroad Company's.
<br />rig t of way: a
<br />ranted convenants'and agrees'withdsai Aai roa�sCo patioai lt�ie permission hereby
<br />/ g � g Company as o ows; �
<br />• 1- That said laterals shall be laid and maintained at a depth of not
<br />an�s$ha�` �iggroflejewjthej�aoehtipp se he raps of said Railroad Co pan 's Track
<br />�ean`or sa e y as we are usua an c� proper
<br />.. in such oases:
<br />2. *That &JIL work herein contemplated shall be performed under the
<br />supervision 4n4 to the satisfaction of the Chief Engineer of said Railroad Company,
<br />and -said Railrdad Company shall be reimbursed by the City, upon presentation of.
<br />roper bills- ipense
<br />r an and all expense incurred by said Railroad Co any in earli�
<br />F. for and supporng its tracks during the performance •of any work hee a n contemplated
<br />and all other necessarily incurred by said Railroad.Company'on account of the
<br />placing, maintaining, renewing., repairigg.or using of said' -laterals, or the removal
<br />of same from the right .of way and premises of said Railroad Company.
<br />3.. That it hereby assumes and agrees to bear and pay al'l loss, damage
<br />�Rg8 'pmi;sgRpRg� h £ n `�� isu � lfTWi"yfj,%%th-118g ; Agin n-
<br />taining, repairing ,,using or remov ng of said laterals, and will indemni y and
<br />save said Railroad Company harmless from all responsibilty and -liability so assumed
<br />o iA'anyemssaid Cwt �itutabloemt ere oats and ,expense arising from, griming out of, pr
<br />4. This permit shall inure to the benefit of, and be binding upon
<br />he sue a sors.and assi ns of the artt es h reto a d sh 1 c nttinie f roe unt 1
<br />ermina eo by either-pa9ty giving o..tha other nit ass than �hirt 68) aays written.
<br />notice; avid said City hereby agrees that, on or before the termination thereof, it wil
<br />remove said laterals from thepremises and right of way of said Railroad Company and
<br />restore said right of way and ppremises to their former condition, and upon default
<br />of said City so to do, said Railroad -Company may, at its option, do such work and -
<br />said City hereby covenants and agrees to pair to said Railroad Company the ent1re
<br />cost and expense thereof upon presentatibbin of bill.
<br />r
<br />IN WITNESS WHEREOF, the parties hereto have -caused this agreement
<br />to be duly executed, in duplicate, on this respective behalf, as of the day and
<br />year first above written. t
<br />THE MICHIAGN CENTRAL'RAILROAD
<br />COMPANY
<br />BY W. H. HUTCHINSON
<br />Real Estate & Tax Agent.
<br />CITY OF SOUTH BEND, INDIANA
<br />BOARD OF PUBLIC WORKS. BY G. A. ELLIOTT
<br />H. F. ROSTISER
<br />JOHN F. DEHAVEN
<br />Deferred hearing had on assessment roll and final estimate for
<br />Grade, curb and walk on Chapin Street from Indiana Avenue to Oliver Street, under
<br />Improvement Resolution No. 745. In the City of South Bend, Indiana.
<br />In the above matter the Board deferred hearing until Wednesday
<br />May 25th.0 1921 at 7:15 P.M.
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