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<br />and Marietta Street.
<br />(4) 75 per cent:of the excess of the lama es, if any, over and
<br />above the benefits, if any, tbat shall be lawfully and finally assessed. by the Board
<br />of Public Works for the acquisition by South Bend, by reason of said relocation of
<br />said Marietta Street, of the necessary property to widen the approach of. Marietta
<br />Street to Ohio Street north ofthe right of way of The New York Central,
<br />,Said several payments, as hereinbefore provided,, by the New York
<br />Central to South Bond,of said excess of damages over and above benefits shall be made
<br />as soon as said excess shall, in accordance with law, be finally determined, fixed
<br />and payable by South Bend tothe'owners or holders of property so damaged or benefited.
<br />Said payment payment by the New York Central to South Bend of a percentage of the
<br />cost of construction of"said new street between Fellows Street and Clinton Stxseet
<br />shall be made as and when ;said payment is `finally due from South Bend under its
<br />contract for said construction. If the Board of Public Works, in theexe?relse of its
<br />discretion, shall desire to purchase instead of condemn the property required -for said
<br />opening of said new street between Fellows Street and Clinton Street or of said new
<br />street between;OhieLStreet and Marietta'Street or reuired for said resolution of
<br />said Marietta Street, The New'York Central will, if the purchase price be satin-
<br />factory to it, contribute thereto a percentage the same as and in lieu of the per-
<br />tentage of the excess of damages over benefits hereinabove agreed to be paid by the
<br />New York LCentral to, South Bend in respect to said opening and ,relocation of . said
<br />streets.
<br />If any benefits or special assessments are assessed or levied
<br />against the New ,York Central by.the Board of Public Works in the. proceedings for
<br />said vacation, opening, relocation or construction of streets, said benefits or
<br />special assessments shall be dedicted from the payment herein agreed to be made by
<br />The New York Central to South Bend.
<br />South Bend shall, without expense to the New York Central, cause
<br />all public utilities owning or controlling or -using equipment on, above, in or under
<br />the surface -of the portions .of said Rush Street and of said; Ohio Street, so vacated and
<br />of said Marietta Street so, relocat,edI ro remove or adjust'their equipment to the
<br />extend rendered necessary by said vacation or relocation.
<br />This agreement. shall not be binding upon the parties hereto unless
<br />and until it is approved and ratified, according to law, by the Common Council of
<br />South Bend, and unless and until it is approved and ratified by the Board of
<br />Directors of the New York Central; and the ratifiedtion of this agreement_ by the .
<br />Common Council of South Bend shall constitute its approval and sanction of all acts
<br />and proceedings herein contemplated to be taken by the Board of Public Works for the
<br />opening, -vacation, relocation and constfuctidn!:of streets and the approplLiation
<br />of properties which may become necessary In order to'carry this agreement into
<br />effect.
<br />IN WITH& SS WH& R&OF, the parties hereto have duly executed this
<br />agreement this 9th, day of January 1925.
<br />TF 1dEWYORK C✓ NTRAL RAILROAD COMPANY
<br />BY P. E . CROWLtsY
<br />President.
<br />Attest:l } ( S&AL)
<br />Assistant Secretary.
<br />CITY OF SOUTH B&ND.
<br />B.W.
<br />H.B.R. BY L. B. SLAUGH%R
<br />A. j.S. G. H. _
<br />L. P. HARDY
<br />R.D. S. ALEV�RT F. HON&R,
<br />R. J. C. Board of Pudic Works,
<br />(Note:- above marks on contract.)
<br />Note: Blue print reading: Plan showing proposed rearrangement of
<br />Streets -in connection with Grade Separation approved bT R. D. Rote, Chief Engineer
<br />New York Central R: R. and Frederick_ J. Anderson City ingineer South Bend
<br />Blue print reading: Plat showing location of subway N. Y. C. R.
<br />at Marietta Street approved by R. D. Rote, Chief Engineer N. C. Y. R. R. and
<br />Frederick J. Anderson City -&ngr, South Bend, These blue prints attached and made a
<br />part of above contract,
<br />
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