12/19/1916 Board of Public Works Minutes

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32y And said Railway Company d.n its part hereby waives its right to said sixteen foot clearance at said Chapin. Street until such extension of said track elevation shall be made, at which time said -Railway Company's clearance at said street shall be made not less than sixteen feet. Said Railway Company further agrees upon the final completion of said grade separation at said= Chapin Street and all work inc ident thereto in accordance with the terms of said modified resolution to pay such sum as would be assessable against it under the terms and provisions of said act of 1911 were said clearance made not less than sixteen feet, but in no event shall the sum so charged and the cost of said Street Railway Company for or on -account of any such alteration of said Chapin Street grade crossing, inc 1•ud ing all work or imnroverrments connected therewith or caused thereby, exceed the sum of Five thousand.($5,000.00)Dollars. And it is expressly understood that the work to be done at said Chapin Street in effecting said grade separation shall be con- fined to such work as may reasonably necessary to accommodate the steam railroad tracks now existing at such intersection. Provided, however , that in the event that said work at said Chapin Street shall be completed within less than thirty months. from the date hereof the sum that may be properly assessable against said Railway Company (not exceeding the sum of $5,000.00) shall not become du, and payable from said Railway Company until the expiration of said period of thirty months. And it is expressly understood and agreed between the parties hereto that said Railway Company shall not be aasessed or charged with, .or become liable for, the payment of any further sum in connection with or incident to the increase of such clearance at Chapin Street to not less than Sixteen feet as herein contemplated. Said railway company ag:'rees further that if said grade separation at said ki higan Street and all work incident thereto shall be completed in accordance with the terms of said Uod if ied Resolution and by the construction and erect ion of a super- structure and improvement for the support and accommodation of the three existing steam railroad tracks, said Railway Company shall upon such completion pay such sum as would be assessable against it under the terms and provisions of the said act of 1911. - But in the event that said separation at said Michigan Street crossing shall be effected by the construction, of a superstructure and improvement designed for the accommodation of any additonal stem railroad track, making a total of four steam railroad tracks at said intersection, then and in such event said Railway Company shall only b liable for and chargable with such part and portion of the --ost of such separ- ation as it would have ,been chargeable with and liable for. >under the provisions of said act of 1911 hasd such superstructure and improvement been made for the support and accommodation of the three present existing steam railroad tracks only, and of . the same general design and character of construction as is used in the superstructure and improve- ment actually made. Arad the exact amount of the part and portion of such cost socharge- able to and accessable against said Street Railway Company shall, upon the completion of said superstructure 'and improvement at said Michigamn Street :)e determined and fixed on the basis set forth*in this paragraph by a committee of three engineers, one of whom shall be appointed by said C iVy, one by said New York Central -Railroad Company and the third by said Street.Railway Company, and the amount so chargeable to and assessable against laid Street Railway Company shall be unanimously agreed to by each and all of said engineerts . ; and in the' event that any one of said engineers .shall dissent from or dis- agree with the others as to the amount so to be fixed then and thereupon said engineers shall by unanimous consent and agreement appoint two additonal engineers, members of the Amerian Society of Civil Engineers, to act with said three engineers: as a committee of five, a majority of whom shall have the authority and power to fix and determine such amount. But it is expressly understood that the sum so to be fixed shall in no event exceed the sum that said Street Railway Company would have been chargeable with under said act of 1911 had a :superstructure and improvement at said intersection designed for the support and accommodation of three steam ra ilwead tracks been constructed of the same general design and character as the superstructure and improvement actually con- structed, nor shall the sum so fixed in any event exceed the sum of Five Thousand ($5,000.00) foror on account of any such alteration of said Michigan Street crossing, including all work or improvements connected therewith or caused thereby, nor shall said Railway Company in any event be liable "for or chargeable with a sum exceeding the stm. of, five Thousand (0 5,000.00)Dollars for 'or on such account. It a is hereby agreed between the parties that all expenses incident to the determination of the amount to be charged against said railway Company for an on account of said work at said Michigan Street intersection shall be borne equally by said City, said Railroad C omoany and said Street Railway C ompa-gy. T1i.is contract shall be binding upon and inure to the benefits of the parties hereto, their successors and assigns. IN iIITNESS WHEREOF the City has caused its name to be signed by the members of the a6and of 'Pubt-ic- works of said City, and the Chicago, South Bend a -Northern Indiana Railway Company has caused its name to be hereto set and its corporate seal affixed by Charles M. Murdock, its Vice-president, duly authorized thereunoo, this 19th. day of December 1916. (over)