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Saturday August 26th, 1
<br />Chicago, Lake Shore & South Bend Railway Company's Contract.
<br />This Contract, made and executed in duplicae on this 26th day of August, 1905,
<br />by and between the City of South Bend, Indiana, by and through its duly authorized,
<br />Board of Public Works, duly authorized in the premises, and the Chicago, Lake Shore
<br />& South Bend Railway Company,.formerly known as the Chicago & Indiana Air Line
<br />Railway Company, a corporation organized under the laws of -the State of Indiana,
<br />WITNESSETH: That
<br />WHEREAS by a contract executed on the 24th day of August, 1903, by and between.
<br />said parties, which said contract was duly ratified and confirmed and approved by the
<br />Common Council of the City of South Bend and is kn.own.as Ordinance No-1214 of
<br />Ordinances of the said City of South Bend, granting to the Chicago & Indiana Air Line
<br />Railway Company certain rights and privileges in the streets of the City of South
<br />Bend; and
<br />WHEREAS the.Chicago & Indiana Air Line Railway Company is now known by order of.
<br />the St. Joseph Circuit Court as the Chicago, Lake. Shore & South Bend Railway Company;
<br />and
<br />WHEREAS the said Chicago, Lake Shore & South Bend Railway Company is desirous
<br />for an extension of -time in which to construct and complete its tracks pursuant to
<br />to the terms and conditions.as named in said Ordinance Number 1214; and
<br />.WHEREAS the said Company also desires a change of route from the one mentioned
<br />in said Ordinance, on account of the building of the Winkler Brothers' Factory and
<br />the closing of certain streets and alleys leading up to and crossing the said Winkler
<br />Brothers' factory site;
<br />NOW,THEREFORE it is agreed by and between the parties that the said Chicago,
<br />Lake Shore & South Bend Railway Company ill have its tracks constructed and its line
<br />in operation, extending from the City of Michigan City, Indiana, to the City of South
<br />Bend, Indiana, on or before September 14th, 1906, and the time limit stated in said
<br />Ordinance No,1214 is hereby extended until that date.
<br />As a consideration for the extension of the time until September 14th, 19062 the
<br />said Chicago, Lake Shore & South Bend Railway Company agrees to construct its track
<br />between Michigan City, Indiana, and the western city limits of the City of South
<br />Bend before constructing any part of its track east of College street in said City,
<br />and.it is expressly agreed and understood that -said line between Michigan City
<br />and South Bend western limits the construction thereof shall operate retroactively
<br />so as to defeat the vesting of any rights under contract or ordinance No. 1214'if the
<br />said Railway Company shall not so complete its track or shall build upon any street
<br />East of College street in said city before the construction of its track between
<br />said western limits and said Michigan City.
<br />The -said Company is authorized to construct its tracks, together with all
<br />necessary side tracks, turn -outs, Ys, switches, and equipments and upon the following
<br />streets. in the City of South Bend, Indiana, to -wit: Beginning at the intersection of
<br />Olive street and Orange street in the City of South Bend; thence West on Orange
<br />street to Kaley'street; thence northwesterly on a private right of way on and across
<br />intervening streets and alleys to the City limits.
<br />And so much of Ordinance No., 1214 as gives said Company the right to lay a track
<br />from the intersection of Olive street and Orar;ge street.upon Olive street to the
<br />intersection,of Olive street and Linden avenue; thence on Linden avenue to the City
<br />Limits, is hereby expressly repealed.
<br />It is understood and agreed that the permission and agreement herein granted,
<br />except as herein otherwise prow did,, is subject to all of the condition, restrictions
<br />and limitations and regulations as eontained and expressed in Ordinance No. 1214,
<br />passed by the Common Council of the City of South Bend, Indiana, September lath,
<br />1903.
<br />IN WITNESS WHEREOF THE parties hereto have caused these presents to be executed
<br />by the Board of Public Works of the City of South. Bend, acting on behalf of the
<br />said City, and the Chicago, Lake Shore & South Bend'Railway Company by its
<br />President and Secretary.
<br />BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA
<br />William A. McInerny
<br />Edwin Nicar-
<br />CHICAGO, LAKE SHORE AND SOUTH BEND RAILWAY COMPANY.
<br />By F. J. Lewis Meyer
<br />A ++ — ., �. a —
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