HomeMy WebLinkAbout11/22/1932 Board of Public Works Minutesrw Tuesday, November 2 2nd . , 1932,
Board met in regular session at 10:00 A. MI _9_� 11 members nr esent . 1/Tinute s
of meeting held Tuesday, November 15th. , 1932, mead and approved.
This being the date set, continued hearing was had on Improvement resolution
No.2475.for the local sewer imorovEment in Duey Street from Howard Street to South
Bend Avenue.
In the above named improvement resolution, re-monstrators appeared but no
written remonstrance was filed and the Board. after hearing all persons interested in
said improvement resolution, decides to continue hearing until Tuesday, November 29th. ,
19 32 , at 10 : 00 A. TV%
The follcriting letter from the New York Central Railroad. Company received
by City Engineer E. G. Wray, was ordered placed. on file and the Board -signed the agree-
ment `,.dth the Railroad Comp^ny a.s requested in said letter:
November 15th. , 1932
h r. 7 G. ':';ray,
U ity Civil Engineer,
South Bend, Indiana.
Dear Sir:
Referring to the seTTer recently installed by the City_ north of New York
Centra 1 main line and on the easterly side of Chapin Street, concerning which you have
conferred,with Division Engineer Jerome-.
Herewith duplicate draft of agreement dated November r 12th. , 1932 , to cover
this occupancy of New York Central land. After execution on the part of the City, will
you please return for execution by the New York Central and also let me have certified
copy of whatever ordinance or resolution may be necessary under paragraph eleventh.
Yours very t r u? y ,
R. 0. Rote, Chief Engineer.
A G R E E M E N T
TTHIS AGREED.FET, made this 12th., day of November, 1932, between the New York
Central Railroad Company, hereinafter called First Party, and Board of Public '+Forks,
City of South Bend, Indiana, hereinafter called Second Party,
I''ITNESSETH, that First Party, for and in consic eration of the sum of One
Dollar ($1.00) to it paid by Second Party, the receipt whereof is hereby acknowledged,
hereby licenses cnd permits, but with waranty, the Second Party, upon cond'tion that
Second Party faithfully keep and perform the covenants and agreements herein 1provid.ed
to be kept and performed by Second Party, and not otherwise, to install, meintain and
use an eight inch tile- sewer on First Party's land on the easterly side of Chapin
Street north of First Party's tra cks , also a catch basin, all as shown on print
No.40305 dated October 15th., 1932, TThich is hereto attached- and hereby made a. part of
this instrument, all of which is hereinafter referred to as the "fork" upon the follow-
ing terms and conditions, all of which Second Party covenants and agrees to keep, abide
by and perform:
FIRST: Said Work shall be done at such time or times, . in such manner, with
such material Pnd under such general conditions as shall be satisfactory to and approv-
ed by the Chief Enponeer of First Party, or his duly authorized agent, and a. s will not
interfere with the p'roper and safe use, operation andenjol,rment of the property and
railroad of First Party. Second Party shall after the doing of said Work. restore the
premises of First Party to the same cr as good a condition as they were in prior to the
commencement of the wing cf said work.
SECOIUM All the work to be done by Second Part, cr by the contractors,
agents, or servants of Second Party, in connection with the, doing or said work, or in
connection with the repair, renewal or maintenance thereof, shall be done at the sole
risk and expense of Second Party, and the cost of-al1 work done by First. Party in
connection therewith, the checking of plans and the wages of -any: inspectors or watch-
men which, in the judgement of the said Chief Engineer of First Party, may be required
during the doing of said iAork, br in .connection with the repair, renewal, ma intenance
or use thereof, for the proper ^nd safe protection of the p roperty, traffic and business
of First Party, shall be paid to First Party by Second -Party, upon bills being rendered.
therefor.
TF?TRD: First Party nry, at its election, do all. the work within the exter-
ior lines of its :Ipnds in connection with cr necessary for the doing of said work, or
in connection with the rep' Ir, renewal, maintenance or use thereof, through its Lands
and. across its roadway and tracks, and all of said work shall be paid for by Second.
Party as he reinbe fore provided.
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Tuesday, November 22nd. , 1932 4-1
FOURTH: FOURTH: Second Party shall, if requested to do so by Pirst Party, advance
o First Party the estimated cost of said. work end upon the conpletion of said work,
he unexpended balance, if any, shall be returned to Second Party, or if the sum advanced
y Second. Party to First Party is insufficient to pay for the cost of said work, then
econd Party shall pay to First Party such additional sum as.wa.s necessary to complete
aid. work, upon being furnished by First Party with a detailed statement of the amount
nd cost of such additional work.
FIF'M : Whenever it maybe_necessary to make any repairs to or renewals of
aid work in or upon the premises of _ First Party, such repairs or renewals shall be made
nd er the supervision and control of said Chief Engineer of First Party, or his duly
uthorized agent, at the sole expense of Second Party, in such a manner as to interfere
s little as xoos s ible with the premises, property and business of First Party, and
econd Party shall, at the cost and expense of Second Party, restore the premises of
First Party to the same or as good a cond ition as they were in p rior to the making of
in;uch repairs or renewals of First Party may, at its e le ction,make such repairs or
enewalLs, arr7 the expense thereof shall be paid to it by Second Party, as hereinbefore
brovid ed.
SIXTH; Second Party shall end a.t all times hereafter indemnify and save
ha rmle ss First Party from and against any and all detriment, dame €e s, losses, claims,
demands, suits , c osts , or exp enses wh 'ch First Party- may s -ffer, sustain, or be subject
ito, directly or indirectly, caused either wholly or in part by reason of the location,
cons truction, rn.a �_ntenance , us e or presence of sa id work a s pe rmitted by th is 1 icense
;,! or resulting from the removal thereof.
j SEVENTH- This agreement andthe license and privilege it confers may be
i revoked and terminated. at the option of First Party at any time by giving thirty (30)
days' writ ten noti ce to Second Party or by p ost ing such noti ce i n a conspicuous place
where sa id vur•k h^s been done; and upon the expiration of said thirty (30) days after
II service of this notice, this agreement and the license and privilege hereby granted
shall be absolutely terminated and extinguished; and thereupon, Second Party shall
jj remove sa id work from th e p remi ses of Firs t Party and re store same to their former
condition at the expense of Second. Party, or on the failure of Second Party so to do,
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First Party may remove said work at the expense of Second Party, which the latter
hereby expressly eFrees to pay on demand.
+IGHTH: It is understood and agreed by and bet,.• een the parties hereto that
if, at any time or times hereafter, First Party shall desire to make any changes in
j its tracks, structures, roadbed or facilities at the point of crossing, or make any
is changes whatever in, to, upon, over or under the premises owned, controlled or leased
"by said First Party, and cross or in any way affected by the Work of Second Party
under this agreement , then Second Party shall, at its own cost and. expense, upon thirty
ii (30) days' notice in inrriting to that effect from First Party make 'such changes in the
�I loCation or construction of its said work, as in the judgement of the Chief Engineer
11 of First Party may be necessary to accomodate any future construction, improvements
or changes of sr-,M First Party.
N1h1TH: It is agreed that in no event shall any wires, pipes or other
structures, except those herein mentioned and shown on the blue print hereto attached
be.strung or placed across the tracks or upon the property of First Party, without
express permission so to do, in writing from said First Party, to that effect; end
that in that event, a.11 the terms and conditions of this agreement shall. immediately,
upon the giving of such permission for the stringing and placing of such additiohel
wires, pipes or other structures, apply to and cover the same with the same effect as
if the right to string or place them had been incorporated in this agreement.
TM TH: It is understood and agreed by and be . een the parties hereto, that
if at any time during the continuance of this agreement, Second Party hereto removes,
abandons or discontinues tire --use of the 'fork here inabove referred to, this agreement
and all rive is hereby conferred upon said Second Party shall be deemed to be abrogated
and determined as of the date of such removal, abandonment or discontinuance, without
1 furth er act ion on the p art of either pa rty; a nd Second Party covenants and agrees
that, in case said Work hereinabove referred to is at any time during the continuance
of this a greement discontinued or abandoned, sa id Second Party shall, within sixty
(60) days after the abandonment or discontinuance of said Work, actually remove said
Work from the premises of First Party hereto, or cause it to be removed, and if, after
the expiration of sa id s i.xty (60 ) days the said work is not actually removed, it is
'understood that First Party hereto may forthwith remove the same at the risk and expense
of said Second Party, and with cut being in any manner liable to said Second Party for
such removal, and Second Party covenants and agrees to pay to First Party hereto the
:] cost of such removal upon the bill therefor rendered to Second Party. .
ETEVENTH: Second Party shall enact such ordinances or zesolut ions as may
be necessary to make tr is permit a binding a nd subsisting obligation of the party of
Second Party.
The covenants and agreements herein contained shall be binding upon, and shall
inure to the benefit of, the heirs, executors, administrators, successors and assigns
of the parties hereto respectively.
TN V7T.TNESS WT,7.111OF, the parties hereto have duly executed this instrument
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11114 Tuesday, November 2 2nd . , 1932
in duplicate, the day and year first above vrritten.
TIM' NJ zi PORK CENTRAL RAILROAD 0010ANY,
New York Central By
Foy
Approved VonKing
BOARD OF PUBLIC WORKS
CITY OF SOUTH BAIT, Illm IAD?l_
1.Y Georpe A. Schock
1-T. E. Doran
Ralph H. Kuss
The Board approved pay roll cia.ims in the sum of �5,511.34 and hereby
o rd er s C it y C on tro l le r t o pa y same.
The Board approved pay roll claim for Frade Separation Tork in the sum
of $433.33 and hereby orders City Controller to pay same out of Track Elevation Fund..
The Board approved claims for various departments in the sum of-409.52.
I eeti nF a d j ourned a t 12 of clock noon.
Attested:
CIOK—of Board
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