Proceedings of the Board of Regents (1936-1939)

ANNUAL JUNE MEETING, 1937 273
6. Said party of the first part will not injure the property of any person in
the closing of said street and will assume all liability as far as the City of Ann
Arbor is concerned for any damages arising out of or resulting from the closing
of said street.
7. That when the property abutting on the above described street, to-wit:
South Ingalls Street from East Huron to East Washington Streets is purchased
by the party of the first part, The City of Ann Arbor will give proper releases
of any interest that it may have in such street to party of the first part.
In Witness Whereof the said parties have hereunto set their hands and
affixed the corporate seals the day and year first above written.
WITNESSES: THE REGENTS OF THE UNIVERSITY OF MICHIGAN
Ruth A. Rouse By Alexander G. Ruthven
George H. Sandenburgh. President.
(SEAL) By Shirley W. Smith
Secretary.
THE CITY OF ANN ARBOR
By Robert A. Campbell
Mayor.
By Fred C. Perry
Clerk.
Site Clearing Costs under this agreement................ $ 6,728.65
1937 Costs under this agreement...................... 206.12
$ 6,934.77
(R.P. 1932-1936, p. 717)
Michigan Union Site.
R.E. No. 479-A. March 5, 1936. Agreement with The City of Ann Arbor.
(Vacating Part of Cheever Court)
MEMORANDA OF AGREEMENT made and entered into this 5th day of March,
1936, between The Regents of the University of Michigan, a Constitutional corporation, party of the first part, and The City of Ann Arbor, a Michigan municipal corporation, party of the second part,
Witnesseth: WHEREAS, A petition signed by the necessary number of freeholders has been filed with the Common Council of the City of Ann Arbor, to
vacate the East forty-two (42) feet of Cheever Court in the City of Ann Arbor,
and.WHEREAS, The closing of said forty-two (42) feet off the east end of
Cheever Court, would remove from use by the public, space in said court where
vehicles might be turned around, and
WHEREAS, The party of the first part is willing, in the event that that
part of said street is vacated, in accordance with said petition, to furnish the
lot commonly known as 518 Cheever Court, as a place where vehicles entering
said court may drive, in order that the same may be turned around,
Now, therefore, it is hereby mutually agreed by and between the parties
hereto as follows:
1. In consideration of the vacating and closing of said street, the party
of the first part hereby agrees to assume and to defend any suit or suits for
damages on account of closing of said street above described, if any such suits
should arise, and shall have the right, through its own attorneys, to defend such
suit or suits and hereby agrees to indemnity the City for any damages that may
be incurred by said City by the closing and vacating of said street.
2. That the said party of the first part will not remove or change, unless
necessary, any of the water mains, sewers, gas lines, telephone or power conduits
now located in said street. If it becomes necessary to remove said mains, lines,
pipes or conduits, it shall be done at the expense of the party of the first part,
under the supervision of the party of the second part, and the same shall be
relaid by the said party of the first part, at its own expense, in order to complete circuits of said utilities. The employes of the party of the second part
and the public utilities shall at all times have access to said mains, pipes, lines
and conduits.
3. Said party of the first part will not injure the property of any person
in the closing of said street and will assume all liability as far as the City of Ann
Arbor is concerned, for any damages arising out of, or resulting from the closing
of said street.
4. That said party of the first part, will, upon the closing of the said fortytwo (42) feet to the public, and at its own cost and expense, furnish for the use
of the public, the property commonly known as 518 Cheever Court, so that