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1'Lt;
<br />Mondav February 18, 1
<br />Continued.
<br />(19) That all of the covenants and conditions to be performed by either
<br />of the parties heretc.'.constitute the consideration for>the pefformance.by the other
<br />and that no part of said consideration is separable.
<br />(20) That_the party of the.first'part-may vary its proposed altered
<br />route.as shown on Exhibit "A" within reasozabie'limits, in case unforeseen obstacles
<br />or occasio�i should make it advisable. to do' so,. but it; shall in: no event depart`xsub-
<br />stantially:'therefrom: provided, howerer,.that no change in said route shall be ode
<br />without notice thereof first given to the -,,.Board of'Publie .W0,rks of, the seennd party,,
<br />and no substantial change shall be made oer the"`obSection of said Board.
<br />(.21) -That theplans,t profiles and soheduief, of subways hereto attache
<br />and marked Exhibits"B" and C" are general only,: and that, the details ther6'of.with
<br />respect to street bridges and other street work will be prepared:by.the party of the
<br />first part with zhe Iadvice and' assistance. of the,. City Engineer and to the approval ;of,
<br />the Hoard of Public Works of the second party prior to the commencement of the work
<br />of construction and elevation.
<br />(22) That the party of the :second part will vacate and close all alleys
<br />and streets within the proposed relocated right of way where openings are not pro-
<br />vided for in tffiis agreement, and that the following additional portions of streets
<br />will be�vacated and closed: Laurel Street, south of the proposed right of way;'
<br />Pine Street south of Monroe.Street; and Monroe.Street between Laurel and ChaPin
<br />Streets, or at the. option, of the Board of Public Works it may. vacate so much of ei,her
<br />of said Streets as sill lie within the limits of the iigh'L of way -of party of the
<br />first part, as shown by the general plan, Exhibit, A. It is further agreed that a new
<br />street,, not exceeding fifty feet in width, shall beopened south of said relocated
<br />right of way from Laurel to Chapin Streets uihder the same plan, terms, and conditions
<br />as herein provided for opening a new street from Taylor Street to Main Street.
<br />(23) That the party of the second part will save harmless and indemnify
<br />the party of the first part agginst.payment of any and all claims whatsoever and all
<br />costs and damages arising out of or resulting from the change of the grade of any
<br />street where openings are provided as --aforesaid.
<br />(24) .The_.second party hereto will secure for the first party the right
<br />to cross, as shown.by the.,general plan, Exhibit Al the property'of the second party on
<br />the line of said altered route near Eighteenth Street -(formerly Greenlawn Avenue),
<br />and an both sides of the St. Joseph River, free of cost to the first party.
<br />(24) The party of the second part agrees to cause all public utilities
<br />owning or contrilling-equipment on, above or under the surface of any and all streets
<br />affected by the construction of said new elevated line of railroad to adjust their
<br />said equipment to the new grade or grades of said streets, withast expense to the
<br />first party hereto.
<br />(26) That whenever it becomes necessary to change the grade of any
<br />street intersected by said altered route, the work incident to such change and the
<br />material rQgired therefor. shall be furnishec by the party of the first, part under
<br />the direction of the Board of Pthblio Works and City Engineer of the party of the
<br />seendd part.. If any existing pavement shall be thus disturbed it shall be replaced
<br />with a sheet asphalt pavementlaid On a six inch concrete foundation of the same
<br />width unless otherwise shown on said map and profile, or by any other pavement desig-
<br />nated by the Board of Public Works, the cost of construction of which will not ex-
<br />teed that of such asphalt pavement. Std'ewAlks and curbs shall be replaced by side-
<br />walks and curbs of like character and dimensions as those removed. The cost of all
<br />such changes shall be opportioned in accordance with the provision of Chapter 36 of
<br />the aforesaid Acts of the General Assembly of the State of Indiana for the year 1923;
<br />provided, however, that the party of the second part may require any such new pave-
<br />ment, sidewalk or curb to be constructed of greater width or strength or of different
<br />character, in which case any addiL-ional expense shall be borne by the party Of the
<br />second part.
<br />(27) That the several streets intersected by the altered raure of party
<br />mf the first part, at which any change of grade of the street is required, as well as
<br />the extent of such change of grade and the slope of the new grade as agreed upon,
<br />are indicated upon the map, profile and schedule of dimensions, Exhibits A. B Axad C,
<br />attached hereto as aforesaid. Party of the second Part reserves the right to fur-
<br />ther alter or change the slope of any such grade outside the limits of the right of
<br />way of.the.party of the first part, but the cost incident to such change, in excess of
<br />the cost of the change of grade as shown on such map, profile and schedule shall be
<br />borne by the party of the second part, wxcept; a's to thw gride of any street between
<br />the -right of way of the New York Central Railroad and that of the party of the firs,
<br />part in the event said New York Central Railroad shall elevate its tracks prior to
<br />or contemporaneous with the elevation of the tracks of the party of the first part,
<br />(28) That, whereas, the party of the second part cnntempliates the
<br />widening of EAST Sample Street at the point where it crosses the prgposed altered
<br />route of the party of the first part from its present width of 40 feet to a t6tal•
<br />width of 80 feet, and to take the land required fev such additional width from the
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