Ratfying & Confirming Agreement between New York Central Railroad Company and Board of Public Works

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-6- XlV. Sach of the parties hereto agree to cooperate with the others in every reasonable way for the prompt and safe execution of the work and to proceed with the portion of the work to be done by them as soon as practicable after necessary Federal approvals are secured and to complete all work in accordance with the terms of this agreement as soon as practicable, %T. The pity agrees to pay any and all damages that may accrue to property owners and occasioned by said improvement and to hold the State of Indiana and the State Highway Commission of Indiana, free and harmless therefrom. XVl. After the construction of such grade separation as herein provided for shall have been completed, the Railroad Company shall at its own cost and expense maintain its roadway and track, the structures supporting the some and the drainage thereof, and the City shall without cost to the other parties hereto maintain or arrange for the maintenance of' the streets, including the road- ways and footwalks, the structures supporting the same and the drainage thereof, and of saiditary sewers affected by the construc- tion. Ml. The City agree and pledges its good faith to institute and diligently prosecute all necessary and proper porceedings for the opening and adequate improvement of Western Avenue from Michigan Street to Lincoln Way East, This agreement shall be binding upon the legal representa- tives and assigns of the respective parties hereto. THE NEW YORK CENTRAL RAILROAD 00 BY T. W. EVANS, VICE- PRESID Party of the Second Park/ ATTEST: E. F. STEPHENSON, SECIFTAR CITY OF SOUTH BEND BY DICK JOHNSON Cce'aQs) ANTON ZMUDZINSKI /J RALPH H. KUSS BOARD OF PUBLIC TORKS PARTY OF THE THIRD PART THE STATE OF INDIANA BY JAMES D. ADAMS Chairman, State Highway Commission Party of the First Part APPROVED AS TO LEGALITY & FORM PHILIP VUTZ JR. Attorney General State of Indiana.