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CONTRACT FOR THE CONSTRUCTION 0' A RAILROAD SIDE. <br />2'l Tl( RCROSS FRL3�OY STFELT. <br />TITIS INDENTME, Made and entered into by end between the <br />City of South Rend, IW, iens, by and through its Board of Public rjorks, <br />party of the first part, and James I'. whitmarsh, of South Bend, Indiana, <br />party of the second part, WITNESSETH: <br />An agreement by and between said parties as follows, to.wit: <br />The said second party having* petitioned said first party for the <br />right and permission to construct and maintain e single track railroad <br />sid.in{* across Fremont Street and connecting with s siding of the CSS &SB <br />Railroad between Orange and Lawton Street, in the City of South Bend, <br />all as shown in a set of blue prints which set is hereto attached, <br />marked Exhibit "A ", and made a part of this contract. <br />Now, this witnesseth.; That for and in consideration of the <br />promises end of the agreement on the pert of srid second party to care- <br />fully construct said siding^ across said throrfare and to make the <br />approaches hereto as well as the crossing* in gooxl end proper condition <br />for using by the public and at all times to keep and maintain said <br />crossing in good and safe condition for public travel, the said first <br />)arty does hereby grant unto staid second party the right to construct <br />and era intain said siding. This oontr: ct, however, shall not be binding <br />upon said first party until duly rPtified by the Common Council of <br />said City. <br />The siding herein referred to being subject to all the rights <br />Qf the public arZ City to use the public street herein r- ferred to for <br />public street and hiphray purposes, it is further eg-reed that party of <br />the second part rills at all times, maintain either plank or other <br />material as desirnated by said Gity on and elon{r the street where crossed <br />by said side tins ck and to keep s- i d cros si np open at all times land to <br />maintain said siding in the manner prescribed by the City end with its <br />consent, and upon failure to do soi the said grant shall become null <br />and void at the option of said second party, end at its request, said <br />