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A G R E E M E N T <br /> This Agreement made and entered into by and <br /> between the City of South Bend, an incorporated city <br /> of the State of Indiana, by and through its Department <br /> I of Public Torks and Chicago , South Shore and South Bend <br /> Railroad, an Indiana corporation, TITNIESSETH: <br /> That the Denartent of Public ': orks of the <br /> City of South Bend, Indiana, does by this agreement <br /> grant to the Chicago, South Shore and South Bend Railroad <br /> authority to construct , maintain and operate two indus- <br /> trial spur railroad tracks within the City of South Bend <br /> over , upon and across the alley running north and south <br /> between Olive and Carlisle Streets, immediately north <br /> of Orange Street in the City of South Bend as shown <br /> upon the blue print attached hereto, made a part hereof <br /> and marked Exhibit A. <br /> This grant is made anon the express condition <br /> that the spur track or tracks now existing on said <br /> alley at the present time shall be removed contemporaneously <br /> with the construction of said two s-our tracks, and upon <br /> the further express condition that said two spur tracks <br /> across said alley shall be constructed so as to conform <br /> with the established grade of said alley and upon the <br /> further express condition that said Chicago, South Shore <br /> and South Rend ?.ailroad shall plank the street between <br /> the rails of said tracks and for two feet on the outside <br /> said rails with planks not less than two inches in <br /> thickness, which shall at all times be kept securely in <br /> place and to the grade of said alley and shall in the <br /> maintenance of said tracks in all things comply with- the <br /> laws of the State of Indiana and ordinances of the City of <br /> South Bend. <br />