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152
<br />Tuesday, July 10tho 1928.
<br />Avenue, extended across said right of way, sixty (60) feet in width from abutment to !I
<br />abutment,, and having a clearance of fourteen (W feet from top of pavement to underside
<br />of subway deck., The cost of improvement by grading, sidewalk, carb;, drainage and pave!
<br />ment of and. along that portion of said extended street which lies between a point
<br />sixty- five (65) feet northwesterly of the northwesterly line of said right of way,
<br />and eighty two and one half (82-1) feet southeasterly of the southeasterly line thereof,
<br />shall be %ncluded in, be considered part of and be added to the cost of�aid subway. The
<br />Grand Trunk shall assume Ten Thousand (110,600.00) Dollars of the total cost of this subl`
<br />way and the City shall nay the balance.
<br />Should any other new street or alley be hereaf er opened across saidj;
<br />right of way (west of Greenlawn Avenue 3mx:k and east of High Street), or sho-uld.any is
<br />existing street (including proposed-Sunnyside Avenue) "`or alley _Be hearafter widened or
<br />altered across said right' of way between said streets.-"amd the 1 _.ity-will save harmless
<br />Trunk and idemnify the said Grand against and, reimburse" it for all cost &3ffd expense that
<br />may be incurred in the construction of overhead corssiugs or subways at all such new streiets,
<br />or alleys, and that may be required for the widening or altering of all such now exist
<br />ing streets or alleys.
<br />(6) In consideration of the covenants of the Grand Trank and of the
<br />City herein expressed, and of the covenants of the Grand Trunk in the agreement of even
<br />date herwwith between the Grand Trunk and the New York, the 'said New York Central hereby
<br />covenants and agrees -t-o and with the said Grand Trunk and the said.- City-,
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<br />J
<br />(a) to nermit the said Grand T-rink to enjoy the right, as will 'be
<br />secured to it by an agreement to be entered into between said railroad corporations,
<br />to -perpetually operate its trams upon the tracks of the New York Central between a
<br />point near High Street and a pointnearthe presend intersection of Vqe,linesof said
<br />railroad corporations, as aforesaid;
<br />(b) t#at-it will concurrently with the elevation of.its said tracks
<br />erect a union passenger station for said railroad corporations, in the vicinity of the
<br />present New York Central station, at a cost, including all station. facilities, of not
<br />than ' Seven Hundred Fifty Thousand (7509 000.00) Dollars, and will thereafter perpet-
<br />ually permit the joint use thereof by said railroad corporations.
<br />Said City agrees that it will at all'times if occasion then -for
<br />use its best effort_s to assest the said Grand ;should erer arise, Trunk ii preserving the
<br />said rights on said New York Central tracks to the end that said, Grand yrunk may enjoy
<br />.the same in perpetuity; but if and when the right of said Grand "rank to so operate its
<br />trains on said New York Central tracks shall be legally terminated, or if the same shall
<br />!never become effective, then and in either such event, said City shall select. and assign
<br />i'to the said Grand Trunk some 0her route satisfactory to it, equally convenient as the
<br />:,al' erect route hbreby surrendered and abandoned by said Grand Trunk, the estimated cost of!'
<br />I
<br />,;acquiring the right of way over which route thus to be selected. and ssigned shall not
<br />libe greatlt in excess of the then estimated cost of acquiring the right of way over the said
<br />Altered route hereby surrendered; provided, however,. that in any .such ev.ent said Grand
<br />'j,;Trunk may, at its election, require such route, thus selected and assigned to it,, to be
<br />,'such that it will Mend its right of way one hundred feet in width from the point where
<br />iiit will connect with the right of way of the said New York Central near High Street,, undei
<br />rropo sect agreement -between said railroad corporations, northweserly..and adjacent to
<br />:,,said New York Central right of way where it will coincide with the original altered route;;
<br />-of said Grand Trunk following the same from thence westerly to the westerly terminus
<br />Irunl;,
<br />,,'thereof; the Grand in such events, may acquire and lay its tracks upon the - right
<br />i!of way thus selected and assigned to it, according to the terms and conditions contained
<br />in said original agreement dated February ISth., 1924, and as modfied by further,agreemeny
<br />1!:between said Grand Trunk and said City, dated August 11, 1924, relating to Rush- Street
<br />;:and the cost of elevation thereof on whatever route thus 'elected or assi shall be
<br />s fined
<br />i,apportioned according the laws which may then be in force.
<br />(7) 'Subject to the conditions herein contained the 1rovisions of saisaid.it
<br />Original agreement respecting the opening of new streets and the vacation of streets
<br />;1
<br />p
<br />!land alleys, contained in paragraphs six (6) and.Twenty-two (22) thereof, are hereby
<br />liresdinded
<br />1: - and cancelled, and the City -arill pay all costs and expenses already incurred- by.';
<br />'tit in -proceedings for the opening or vacation of any such streets or alleys.
<br />SECTION II. The City further agrees that in consideration _of.additiolal' . 1:
<br />ldal advantages w1aich will accrue to the City' from the remkval of the tracks of said Grand �i
<br />I;Trunk from Division Street west of the east line of Michigan Street, and the relocation
<br />,and elevation of the same along the route described in this agreement, and.alsoAts
<br />jagreements to join with thesaid New York Central in the erection and use of a joint
<br />I assenge�r station it will Tay to said Grand Trunk, in addition to the sums stipu
<br />lated niated
<br />In Taragraph (M) of said Original agreement,,
<br />(I) The sum of Two Hundred and Fifty Thousand (250 000.00) as
<br />I follows:
<br />One hundred and twenty five thousand ,IE5,000.00) when said right
<br />of way is purchased and work of construction of its new line in .commenced;
<br />One Hundred and Twenty five thousand (�125,000.00) Dollars when the
<br />(elevation of said Grand Trunk tracks i a completed and said tracks, ready for conn.ection
<br />vvith those of the New York Central,
<br />(2) An amount equal to the excess oter i$ 75, 000.00 ,Bollars of the
<br />,total cost chargeable to the New York Central of the se-oar*ation of the grades of Scott it
<br />Street and the tracks corssing said Scott Street,, said sum .to be paid when said sepatatidn
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