^ PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT CONTRACT NO. I BEING THE CONTRACT FOR THE CONSTRUCTION AND OPERATION OF THE Manhattan and The Bronx Rapid Transit Railroad WITH SUPPLEMENTAL AGREEMENTS TO ist JANUARY, 1908 Contract Dated 2ist February, 1900 MARTIN B.BRflWN RAPID TRANSIT RAILWAY CONTRACT INDEX Chapters I and II PAGE. Agreement for Construction, Definition of 6 Agreement, Modifying, as to Security 153-170 Assignability. Contract not assignable without writ- ten consent all members Board 14 Acceptance of work, Effect of 18 Arbitration on review of Engineer's determination... 20 Abatement from price 22 Accidents, Indemnification for 31 Bergen Ave. ( i49th St.) change 235-252 Board, Definition of 5 Bond for Construction and Equipment 9 Bond for Construction and Equipment final form. . . . 145-147 Bond Continuing 9 Bond Continuing final form 305-319 Board, who successors to 14 Board, powers of to amplify plans, &c 18 Construction to be by sections 2 Construction to be made so as to meet requirements of lease 4 City, Definition of 4 Contractor, Definition of 5 Comptroller, Definition of 5 Construction, Definition of 6 Continuing Bond 9 Continuing Bond final form 305-319 Contract not assignable without written consent whole Board 14 City's covenants with Contractor 13 City Hall Change, etc 191-196 II INDEX PAGE. City Officials not to be interested in Contract 14 Covenants, City's with Contractor 13 Construction, Agreement for i6-33 Commencement and completion of work 22 Cost of sites 24 Cost of real estate for sites, &c 24 Claim against contractor, Money held for 27 Connection with " L" Road in The Bronx 289-304 Contractor's obligation make good damage to adjacent property 30 Contractor's liability for damage to abutting property. 31 Contractor's Proposal form of I 35~ I 3^ Divisions and Construction of the Contract 4 Definitions 4-7 Daily Newspaper, Definition of 6 Deposit of $1,000,000 cash, Conditions of; how enforced 7 Deposits, Return of 8 Damage, Contractor's Liability for to Abutting Prop- erty 31 Damage. Contractor admits plans involve none 30 Default, Remedies on 10 Default to Construction. Right of City to complete Contract on Contractor's Default 10 Default in Construction. Right of City make new Con- tract IT Default in Construction. Right to sue on Bond 1 1 Default in Rental. City's remedies 1 1 Engineer, Definition of 5 Equipment, Definition of 5 Equipment, Lien on 10 Equipment. When to proceed 26 Engineer, Approval of 19 " Powers of 19 Engineer's determination, how reviewed 19 Engineer, Substitute for 31 Engineer's Decision on questions conclusive, when .... 33 Extra Work, Vouchers for 22 Excuses for Delay in Completion 23 Facilities to Board to be afforded by Contractor 14 Ft. George Change of Route 173-188 INDEX HI PAGE. Ft. Lee Ferry Connection 275-287 Inspection 18 Inspection, Contractor will facilitate 31 Invitation to Contractors form of 127-134 Labor Law, part of Contract Provisions of 15 Labor and Materials, Evidence that Contractor has paid for 26 Lease, Definition of : 6 Lenox Avenue Extension 255-271 Lien on Equipment 10 Lien on Equipment, Release from 10 Lien on Equipment. How enforced 12 Lien on Amounts payable Contractor. How discharged. 27 Material excavated property of Contractor 31 Manhattan Road, Connection with 289-304 Manner of completing- work 32 New York, Definition of 6 Notice, Definition of 7 Notice. How served 7 Names of Sub-contractors to be furnished Board 30 Operation, Definition of . . 6 Payments for each Section 3 Payments for Extra Work 22 Payments. How made Contractor 25 Price 17 Price, abatement from 22 Penalty for Delay in Completion 23 Plans and Contract Drawings 29 Railroad, Definition of 5 Rapid Transit Statute, Definition of 5 Rapid Transit Act incorporated in contract 7 Rental, Definition of 6 Rental, Remedies on default in 1 1 Rental under the lease 4 Release from .lien on equipment 10 Remedies on default 10 Routes and General Plan, incorporated in contract.... 13 Described 139-144 Real Estate for Stations, &c 24 Real Estate for terminal and railroad purposes, how acquired 25 J V INDEX PAGE. Sections to be constructed ,, 2, 16 Security by Contractor 7 Cash deposit of $1,000,000 7 Bond for construction and equipment 9 Continuing Bond 9 Siding and Broadway Terminal 199-207 Specifications and Contract Drawings, Intention of. ... 28 Specifications, not inclusive of all requirements 33 Supplementary Drawings 29 Sub-contractors' names to be furnished Board 30 Sewers and incidental work 32 Taxation Contractors' interest not taxable 14 Time of completion of Contract 22 Time of Completion Penalty for delay 23 Terminals, Sites of 23 Cost of > 24 Typographical error, correcting 211-216 Traffic to be maintained on streets 31 Vouchers for payments 26 Work to be done under Contract 16 Work, Additional, &c 18 Specifications Back filling 43 Brick Masonry 49 Cement 46 Concrete 47 Contractor's absence, orders how given 113 Cleaning up after work 113 Conveniences 114 Description of work 34 Drains and Pumps 57 Excavation 40 Equipment 112 Fences 113 Grades and Lines 114 Iron and Steel 5$ Lines and Grades 114 Mortar . 46 INDEX V PAGE. Masonry, Brick 49 Masonry, Stone 51 Mains, Water 85 Maintenance of and interference with surface and sub- surface structures 106 Materials and Workmanship 113 Material, condemned, how removed 115 Men, competent only employed 1 115 Men, Discharge of, on Notice from Engineer , . . 115 Notice prior to construction 114 Ordinances and Regulations 114 Painting 64 Paving 90 Prosecution of Work, manner of 37 Piling and Timbering 44 Pumps and Drains 57 Stone Masonry 51 Steel and Iron 58 Sewers 71 Street railroad tracks, maintenance of and interference with 106 Sub-surface structures, maintenance of and interference with 106 Surface structures, maintenance of and interference with 106 Stations 107 Sectional Construction 115 Timbering and Piling 44 Tunnelling 44 Track 65 Terminals in Trade Combinations 115 Water proofing 54 Water mains 85 Work, imperfect 114 Work, damaged, how replaced 114 Chapter III The Lease Assignability of Lease 124 Assignment to Tnterborough Rapid Transit Co 219-232 VI INDEX PAGE. Bond Continuing- Final form of 305-319 Character of railroad. Contractor's assurances 118 Condition, Contractor to keep railroad in good 120 Cars to be lighted and heated 120 Default, City's powers on 123 Equipment, Schedules of, to be filed 122 Equipment to be kept in good order 122 Equipment, City's lien on 122 Freight may be carried on railroad 122 Fares 123 Inspection 121 Lease, The 1 16-124 Lease, City to buy Contractor's property at termination. 123 Lease, how assignable 124 Motive Power 121 Net proceeds of operation 117 Possession, to be surrendered at end term 116 Profits, How determined , 118 Power, Motive 121 Quarterly Statement of Proceeds of Operation 117-118 Rental, amount 1 16 Rental, when to begin 117 Rental, when payable 117 Return to Board of Annual Statement of Net Proceeds Operation 117 Repairs 119 Rolling Stock, Character of 121 Rolling stock to be adequate 122 Renewal of Lease ' 124 Standards of Railway Operation 119 Schedules of Equipment to be filed 122 Term 1 16 Trains to be run 119 Trains, Express 119 " Local H9 Safety, Devices for 1 19 Termination of Lease, City to buy Contractor's Prop- erty !23 Ventilation of Tunnels, &c 120 Waiting-rooms 12 INDEX VII CHANGES IN CONTRACT. Changes of Route, Etc. PAGE. Modifying Agreement as to Security 153-170 Fort George change 173-188 City Hall change : 191-196 Broadway Terminals 199-207 Correcting typographical error 211-216 Assignment to Interborough Rapid Transit Co 219-232 Bergen Ave. ( I49th St.) change 235-252 Lenox Avenue extension 255-271 Fort Lee Ferry extension 275-287 Connection with Manhattan Railroad in The Bronx . . . 289-304 Bond Continuing final form t 305-319 Third Track north of Fort George 321-332 Modifying Agreement as to Rate of Rentals 333~346 Return of Contractor's Deposits 347-362 Outlet Chambers and Fan Houses 363-373 Van Cortlandt Park Extension 375-39 1 Third Avenue and I49th Street Station Entrance 393-404 Extra Work for Ventilating and Cooling 405-417 Additional Tracks near 96th Street 419-435 Modification of Arbitration Provisions 437-454 Board of Rapid Transit Railroad Commissioners, City of New York CONTRACT FOR Construction and Operation OF Rapid Transit Railroad Approved as to form this Nth day of October, 1839 JOHN WHALEN Corporation Counsel of The City of New York Chapter I. General Outline of Contract. Construction to be by Sections. Agreement, made this 21 st day of February, 1900, between THE CITY OF NEW YORK, hereinafter called the City, acting by THE BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS FOR THE CITY OF NEW YORK, hereinafter called the Board, party of the first part, and JOHN B. MCDONALD of the City of Xew York hereinafter called the Contractor, party -of the second part. WHEREAS, the Board, in behalf of the City, by due advertise- ment pursuant to law, of a notice for proposals, which is substan- tially in the form, hereto annexed and entitled Invitation to Contractors has invited contractors to submit to the Board proposals for making this contract ; and WHEREAS, the Contractor has thereupon duly submitted to the Board a proposal in the form hereto annexed and entitled Con- tractor's Proposal NOW, therefore, in consideration of the said Invitation to Contractors and the said Contractor's Proposal and of the mu- tual stipulations and covenants hereinafter contained, and under the authority of chapter 4 of the laws of 1891, entitled, " An Act "to provide for Rapid Transit Railroads in Cities of over one "million Inhabitants," and of the various acts amending the same, the parties hereby do, the City for itself and its successors and the Contractor for* himself, his heirs, executors and administrators, Agree each "with the other as follows : CHAPTER I. GENERAL. The Contractor agrees with the City to fully construct and equip the Rapid Transit Railroad upon the Routes and General Plan hereinafter mentioned, and to put the same in operation and thereafter to use, maintain and operate the same under a lease thereof from the City for the term of fifty years. The said railroad is for the purpose of this contract divided into four sections, as follows : Section I. shall include all of the railroad from the southern terminus thereof at the City Hall to and including a station at 59th street. * Here insert, if a corporation, itself and its successors; if a single individual, himself, his heirs, executors and administrators; if several individuals, themselves, their heirs, executors and ad- ministrators, jointly and severally. Chapter I. General Section II. shall include: (a) All of the railroad on the west side north of such station at 59th street, to and including a station at the intersection of I37th street and Boulevard; and (6) All of the railroad on the east side from io3rd street and Boulevard to and including a station at the intersection of I35th street and Lenox avenue. Section III. shall include: (a) All of the railroad on the west side north of such station at I37th street to and including a sta- tion at Fort George; and (b) All of the railroad on the east side from the said station at I35th street to and including a station at Melrose avenue. Section IV. shall include: (a) All the railroad on the west side north of such station at Fort George; and (b) All of the said Railroad on the east side north of such station at Melrose avenue. The City expects that the railroad will be so constructed, used, maintained and operated by the Contractor along all the routes and according to the entire General Plan. But the City desires to restrict its entire pecuniary liability for rapid transit at any one time within limits which it deems to be consistent with its other obligations and interests. The Railroad is, therefore, to be constructed and equipped in sections. The Contractor shall begin with Section I. If and when thereafter the City shall so elect the Contractor shall construct Section II. If and when thereafter the City shall so elect the Contractor shall construct Section III. If and when thereafter the City shall so elect the Contractor shall construct Section IV. Such elections by the City shall be respectively made within and not after the periods here- inafter prescribed. The City shall pay to the Contractor for Construction of the Railroad as follows: If it shall consist only of Section I then the sum of Fifteen million -dollars ($15,000,000) ; if it shall consist of only Sections I and II, then the sum of Twenty-six million dollars ($26,000,000) ; if it shall consist of only Sections I, II and III, then the sum of Thirty-two million dollars ($32,000,000) ; and if it shall include all four sections then the sum of Thirty-five million dollars ($35,- 000,000) ; and, in addition to the foregoing, the sum of One mil- lion dollars ($1,000,000) for terminals; and, further, in addition to the foregoing, a sum for real estate as follows: If the Rail- road shall consist only of Section I, the sum of One hundred and seventy thousand dollars ($1/0,000) ; if only of Sections I and II, Chapter I. General Rental under Lease. Divisions and .Construction of the Contract. Definitions of words : " City." the sum of Three hundred and seventy thousand dollars ($370,- ooo) ; if only of Section T, II and IJI. the sum of Four hundred and sixty thousand dollars ($460,000) ; and, if the Railroad in- clude all four sections, then the sum of Five hundred thousand dol- lars ($500,000), Provided, however, that all such payments shall be subject to modification as hereinafter provided. In no event does the City assume, nor shall it be deemed to as- sume, any liability of any character for or by reason of Sections II, III or IV, or either of them, except upon its successive elec- tions to construct the same as hereinafter expressly provided. The Contractor shall pay to the City as annual rental under such lease, the sums to be fixed and ascertained in the manner stated in Chapter III. hereof. This contract, besides this present Chapter I., General, includes hereinafter the following divisions : Chapter II. Agreement for Construction ; and Chapter III. Agreement for Operation the Lease. The three chapters and all the provisions of this contract are and shall be construed as a single instrument. But, if, between the provisions of the Agreement for Construction and the pro- visions of the Lease, there shall be any inconsistency the pro- visions of the Lease shall control. The Contractor shall so construct and equip the Railroad as to fully and strictly meet all the requirements and exigencies of the operation thereof as provided in the Lease. The respective ob- ligations of the City and the Contractor in or relating to the use or operation of the Railroad, or as lessor or lessee shall be ascer- tained solely from this Chapter I., General (including the Copy of the Routes and General Plan, but none other of the papers ap- pended to this Contract), and Chapter III., the Lease. The following words and expressions used in this contract shall, except where by the context it is clear that another meaning is intended, be construed as follows: (i.) The word "City" to mean the City of New York, and any other corporation or division of government to which the owner- ship, rights, powers and privileges of the City of New York or the Mayor, Aldermen and Commonalty of the City of New York, under the Rapid Transit Act, shall hereafter come, belong or ap- pertain. Chapter I. General (2.) The word " Board " to mean the Board of Rapid Transit "Board." Railroad Commissioners for the City of New York, and any other board, body, official or officials, to which or to whom the powers now belonging to the said Board shall, by virtue of any act or acts hereafter pass or be held to appertain. (3.) The word "Contractor" to mean the party of the second "Contractor." part to this contract, and his executors, administrators and as- signs and any and every person or corporation who or which shall at any time be liable in the place or for the party of the second part to perform any obligations under this contract assumed by the said party of the second part. For convenience the Contractor is hereinafter spoken of as if the Contractor were a corporation. The word "it" shall include "him," "her" and "them," and the word "its" shall include "his," "her" and "their." (4.) The word "Comptroller" to mean the Comptroller of the "Comptroller." City of New York, and the officer or board to whom or to which his powers now existing under the Rapid Transit Statute shall come to appertain. (5.) The word "Engineer" to mean the present Chief Engineer "Engineer." of the Board and any successor or successors duly appointed or any deputy or substitute for him who shall be appointed by the Board or by its authority. (6.) The word "Railroad" to mean the section or sections which " Railroad." the Contractor shall be bound to build, with all stations and real estate belonging to and used in conjunction therewith, and all appurtenances thereto and all other property to be used thereon or in conjunction therewith, and which under this contract are to be constructed or provided by the Contractor and by the Contractor to be maintained and operated, but excepting, however, the Equip- ment. (7.) The words "Rapid Transit Statute" to mean chapter 4 of "Rapid Transit the laws of 1891 as amended by chapters 102 and 556 of the laws Statute - of 1892, chapters 528 and 752 of the laws of 1894, chapter 519 of the laws of 1895 and chapter 729 of the laws of 1896. (8.) The word "Equipment" to mean all equipment used or in- "Equipment." tended for use on the Railroad, including all motors, cars, whether Chapter I. General " Agreement for Construction." '"Lease." " New York." " Rental." " Construction." " Operation." " Daily newsnaper.' used for passengers, freight, express or any other purpose, and all other rolling stock, all boilers, engines, wires, ways, conduits, mechanisms, machinery, power houses, all real estate upon which any such power houses shall stand or which shall be necessary for the generation or transmission of motive power, and all tools, im- plements and devices of every nature whatsoever used for such generation or transmission of motive power, and also all appara- tus and devices for lighting, signalling and ventilation, "whether such equipment be situate on or near or separate from the railway, provided that the same be used or intended for use in connection therewith or for any of its purposes, and including all such equip- ment in existence at any time during or at the end of the term of ihe Lease. Provided, however, that no real estate or rights there- in or thereon paid for by the City or acquired for terminals, road- bed, stations or otherwise for construction of the Railroad shall be included in Equipment. (9.) The words "Agreement for Construction" to mean the provisions of Chapter II. of this contract as explained or modified by the provisions of this chapter. (10.) The word "Lease" to mean the provisions of Chapter III. of this contract as modified or explained by the provisions of this chapter. (u.) The words "New York" to mean the City of New York according to its boundaries at the date of this contract. (12.) The word "Rental" to mean all the payments to be made by the Contractor to the City as provided in the Lease, whether being the equivalent of interest or otherwise. (13.) The word ''Construction" to mean all the work of con- structing the Railroad, including the doing of work, the providing of materials, the complete furnishing of the equipment of the Rail- road, the restoration and reconstruction of street surfaces, sewers and other sub-surface structures, and all other work or materials to be done or furnished of every nature whatsoever under the Agreement for Construction. (14.) The word "Operation" to mean operating and maintain- ing the Railroad according to the provisions of the Lease. (15.) The words "daily newspaper" to mean any paper regu- larly published in the City of New York on every day or every day except Sundays and holidays. Chapter I. General (16.) The word "notice" to mean a written notice. Every "Notice." such notice to be served upon the Contractor, or upon any surety if net delivered personally, shall either be delivered at such office in the City of New York as shall have been designated by the Contractor or surety, or shall be mailed by deposit in the general postoffice in the City of New York, postage prepaid, addressed to the office so designated, or to such office as the Contractor shall designate by written notice delivered to the Board, or if no such office shall have been designated, or if such designation shall have for any reason become inoperative, then addressed to the person or corporation intended at the City of New York. Such delivery or mailing shall be equivalent to direct personal notice. The contract is made pursuant to the Rapid Transit Statute Statutes incor- which is to be deemed a part hereof as if it were incorporated in P rated herein, every chapter hereof. Simultaneously with the execution of this contract the Con- Security by tractor shall give security for the performance of its obligations Contractor. both under the Agreement for Construction and under the Lease as follows: I. For Construction: A. By depositing with the Comptroller the sum of One million Deposit of dollars ($1,000,000) in cash. $1,000,000. The City shall collect all interest, dividends or other income on the cash or securities so held or deposited. The said deposit "whether in cash or securities, in the form and as the same shall at any time be, shall be security for the faithful performance by the Contractor of all the covenants, conditions and requirements specified and provided for in the Agreement for Construction. ' In case of any default on the part of the Contractor in such performance, and in t.he further case that the City shall for or by reason of such failure, whether by reason of employment of another contractor or contractors or otherwise, incur or become liable for expense through such default as in the Agreement for Construction provided, then the Comptroller shall forthwith pay and apply to the use of the city from such deposit of $1,000,000, or from the portion of the deposit remaining at the time, the amount of such expense. The Comptroller may, in order to make such payment and ap- plication to the use of the City, sell at public auction in the City of New York any of the securities which may then constitute part Chapter I. General of such deposit upon notice to be published in four (4) daily news- papers, the first publication to be as much as ten (10) days before the sale and such publication to be made three (3) times within such ten days. The Comptroller shall, from the proceeds of any such sale, deduct all expenses thereof and of such advertisement, and shall pay and apply to the use of the City so much of the resi- due as may be necessary for the purpose aforesaid. And the Con- tractor within ten (10) days after notice from the Board so to do shall thereupon by further deposit of money or securities of the character aforesaid approved by the Board restore the said deposit with the Comptroller to the full amount and value of One million dollars ($1,000,000). In addition to, or in lieu of, the sale above provided for, the Board may, in the name of and in behalf of the City bring any appropriate suit or proceeding in any proper Court to enforce the lien and claim of the City in and upon the said de- posit, whether such deposit be in money or securities. If at any time when the Contractor shall otherwise be entitled to a return of the said deposit, as hereinafter provided there shall be pending any claim for damages or loss caused to others by the negligence, fault, or default of the Contractor, for which it shall be claimed that the City shall be liable, then and in that case the said deposit, or such part thereof as the Board shall fix, shall, upon the requirements of the Board, be reserved by the Comptroller for a reasonable time as security to the City against such claims. And the amount of any such damages or costs paid by the City to others or for which the City shall be liable to others, shall be deducted from the said deposit before the same shall be returned to the Contractor as hereinafter provided. When the Contractor shall have fully completed the Construc- tion and Equipment of the Railroad according to the terms of this contract, and the operation of the same shall have begun pursuant to this contract, the Board shall so certify, and upon such certifi- cate, the Comptroller shall pay and deliver to the Contractor the said deposit, or so much thereof as shall not have been reserved or used or applied for any of the purposes above mentioned and the Contractor shall also then be entitled to be credited upon the Rental with a sum which shall be equal, as the case may be, either to the interest on the said deposit (if made in cash) from the time of such deposit at the rate of interest provided for in the bonds \vhich shall have been issued and sold by the City to provide for 8 Chapter I. General the construction of the Railroad, or to the interest, dividends or other income which the City shall have received from the said securities. If, however, any of the cash so deposited shall have been used or applied for any of the purposes above mentioned then the Contractor shall not be entitled to credit for interest on the amount of cash so applied from the time of such application. B. By filing with the Comptroller a bond executed by the Con- tractor and by two or more sureties to be corporations or persons approved by the Board in the sum of Five million dollars ($5r 000,000), the said bond to be substantially in the form hereto an- nexed and entitled Bond for Construction and Equipment. Every surety upon such bond shall be bound for at least Five hundred thousand dollars ($500,000) of the penalty and justify in double the amount for which such surety shall be bound. //. For Rental and also for Construction: By filing with the Bond. Comptroller, a bond executed by the Contractor and by sureties approved by the Board, in the sum of One million dollars ($i,- XDOO.OOO), the said bond to be substantially in the form hereto an- nexed and entitled Continuing Bond. In case any of the sureties upon either the Bond for Construc- tion and Equipment or the Continuing Bond shall become insol- vent or unable in the opinion of the Board promptly to pay the amount of such bond to the extent of which such surety might be liable, then the Contractor within thirty days after notice by the Board to the Contractor shall, by supplemental bond or otherwise, substitute another and sufficient surety to be approved by the Board in place of the surety so insolvent or unable. If the Con- tractor shall fail, within such thirty days or such further time as the Board may grant, to so substitute another and sufficient surety, then the Contractor shall, for all the purposes of this contract, be deemed to be in default in the performance of its obligations here- under, and the Board may terminate the contract or may bring any proper suit or proceeding against the Contractor or the sureties, or either of them, or may require to be deducted from any moneys then in or thereafter coming into the hands, of the City and due to the Contractor the amount for which the surety insolvent or unable as aforesaid shall have justified on said bond; and the moneys so deducted shall be held by the Comptroller as collateral security for the performance of the conditions of the said bond. Chapter I. General City's Lien on Equipment. Remedies. On Contractor's default in Con- struction or Equipment, City may complete in behalf of Con- tractor and hold Contractor liable; The City shall also have a first lien upon the Equipment as further security for the faithful performance by the Contractor of the covenants, conditions and agreements of this contract on its part to be fulfilled and performed. Such lien shall arise im- mediately upon the acquisition by the Contractor of any part of the Equipment for use on or in connection with the Railroad or any part of it, or intended for such use, whether or not such equipment be set up or delivered upon or at the railway. The Board may from time to time, by concurrent vote of six (6) members thereof, relieve from such lien any of the property to which the same may attach upon the provision of additional prop- erty equivalent in value and in the convenience and certainty with which the lien thereon is enforceable to the property which it is proposed to release, and upon such terms as to the Board, by such concurrent vote, shall seem just. In case of default by the Contractor the City shall have the fol- lowing remedies: I. In case the Contractor shall fail to complete the Construc- tion or Equipment of the Railroad, or shall at any time fail to proceed with such Construction or Equipment with reasonable diligence, or so that it shall not be reasonably probable that the same will be completed and equipped within the period herein prescribed therefor, then and in any such case the Board upon a notice to the Contractor of not less than ten days may (j) By resolution declare the Contractor to be in default; and the City by the Board in addition to every, or in substitution for any other, remedy which it may have by law or hereunder, may forthwith, so far as the City may now have or may hereafter se- cure statutory power, procure by contract or otherwise, the com- pletion of such Construction and Equipment ; and the City may to the extent of the cost of such completion of the Construction and Equipment and interest thereon withhold and apply thereon any moneys otherwise due or to become due by the City to the Con- tractor, and the Contractor shall be liable to the City and shall forthwith pay to the City the excess, if any, of the cost to the City of the completion of such Construction and Equipment over the amount payable to the Contractor therefor under the terms of this contract. And such completion by the City shall not release or discharge the Contractor from liability for Rental, or any other liability hereunder. Or 10 Chapter I. General (2} By resolution declare this contract at an end except as to O r make new the liability of the Contractor hereinafter in this paragraph pro- Contract, vided, and may make a new contract for Construction and Equip- ment, upon advertisement of a new invitation to contractors, upon such terms as the Board may deem proper; the same to provide among other things that the new contractor shall allow for so much of Construction and Equipment as has been already com- pleted, such reasonable amount as the Board may deem proper; and in such case the Contractor shall pay the City all damage which the City shall sustain by reason of such failure, including the excess, if any, of the amount which the City shall pay the new contractor over the amount it would have had to pay the Con- tractor, party hereto, for the same work or materials, and without deduction therefrom because of any increase of rental which the City may secure from the new contractor. Or (j) The City may proceed as to the Board shall seem proper or proceed upon upon the Bond for Construction and Equipment. Bond of Constn. II. In case of default of the Contractor in paying the Rental On default in herein provided or in case of the failure or neglect of the Con- ^JJherw tractor faithfully to observe, keep or fulfill any of the conditions, hereunder, obligations and requirements of this contract, the City, by the Board, may: (i) After notice to the Contractor of at least ten days, take City may possession of the Railroad and Equipment, and, as the agent of take possession, the Contractor, either (a) Maintain and operate the Railroad and use thereon the and, as agent Equipment (without commencing any proceeding for the enforce- of tn ^ Contractor, ment of its lien thereon) for the full unexpired term of the Lease road, or such shorter period as the Board may determine ; or (b) Enter into a contract with some other person, firm or cor- or make a poration for the maintenance and operation of the Railroad and sub-contract; use of the equipment, retaining out of the proceeds of such oper- ation after the payment of the necessary expenses of operation, maintenance and use, the said annual rental and paying over the balance, if such there be, to the Contractor ; and if the proceeds of the Operation of the Railroad after the payment of the necessary expenses of operation and maintenance, including the keeping in repair of the rolling stock and rest of the Equipment, shall in any year be less than the annual rental, then and in every such case, the Contractor and its bondsmen on the Continuing Bond shall ir Chapter I. General or may terminate contract ; or may sue or enforce L,ien on Equipment ; or use Remedies of Landlord; Enforcement of lien on Equipment ; On any failure of Contractor, Board may for- feit Contract and sue; or make new Lease, be and continue jointly and Severally liable to the City for the amount of such . deficiency until the end of tne full term for which tne Lease was originally made. Or (2) The City may upon reasonable notice to the Contractor, and after reasonable notice to the Contractor to make good the default, terminate this contract; and in such case the Contractor shall be. liable to the City for all damage by reason of such default. Or (3) The City may by the Board or otherwise, bring such suit or proceeding as it may deem proper, to enforce its lien upon the Equipment or for any other purpose. Or (4) The City may avail itself of any or all of the remedies hereinbefore provided, which arc not inconsistent with one another or of any other remedy provided by law in the case of landlord and tenant. In case the City shall become entitled to enforce its lien against the Equipment, then, at the time of beginning any suit or proceed- ing for the enforcement of such lien, whether by foreclosure or otherwise, or at any time thereafter, the City shall be entitled forthwith to enter into and take summary and complete possession of the Equipment, or any part thereof, it being the express inten- tion of the Contract that upon any default by the Contractor in Construction, Equipment or Operation the City shall have the right forthwith to operate the Railroad so far as is then practi- cable (if at all), and to that end to have complete and immediate possession of all Equipment and of all other things necessary or convenient, or which may thereafter be necessary or convenient, for the operation of the Railroad, which shall belong to the City or upon which the City shall have a lien as aforesaid. III. If the Contractor shall fail to construct or operate the Railroad according to the terms hereof and shall, after due notice of its default, omit for more than a reasonable time to comply with the provisions hereof, the Board (i) may by notice to the Contractor forfeit and vacate all the rights of the Contractor under this contract and may bring in the name and behalf of the City an action or actions to declare and establish such forfeiture and vacation and for damages or otherwise as may be necessary for the sufficient and just protection of the rights of the City; or (2) may, upon such terms as to the Board seem just and with such person or corporation as to the Board may seem proper, make 12 Chapter I. General another operating contract and lease of the Railroad for the resi- due of the term of the Contractor in default, including in such contract and lease, a provision as to a transfer or lease to the new contractor of the lien and any other interest of the City on and in the Equipment, and may bring action in the name and on behalf and bring Suit. of the City to recover from the -Contractor the amounts which by this Contract the Contractor agrees to pay the City for Rental or othenvise due from the Contractor, less the amount which shall have been received under and by virtue of such new contract and for all other damages which may have been sustained by the City by reason of such default without allowance to the Contractor for any advantage to the City by increase of Rental. The City hereby stipulates and covenants to and with the Con- City's Assurances tractor that the City will secure and assure to the Contractor so } j^^te long as the Contractor shall perform the stipulations of this con- struct and tract, the right to construct and to operate the Railroad as pre- P erate - scribed in this contract free of all right, claim or other interference whether by injunction, suit for damages or otherwise on the part of any abutting owner or other person; but the Contractor shall enforce its rights against the City under this provision solely by claim for money, and shall have no right to set up any failure or default on the part of the City to perform or satisfy this stipula- tion or covenant in defense, or by way of exculpation or any ex- cuse whatsoever (otherwise than as a claim or counter-claim for money) of the Contractor for any default or failure of any char- acter whatsoever on its part, except that nothing herein contained shall be construed to require the Contractor to do any act in vio- lation of a valid injunction issued by a Court of competent juris- diction forbidding such act. The routes and general plan for the Railroad adopted by the Routes and Board by its resolution of itfh January and 4th February, 1897, Scorpola^ed" in and heretofore approved by the authorities of the City and by this Contract. the Appellate Division of the Supreme Court shall be deemed to be incorporated into this contract as a partial description of the Railroad and Equipment. For convenience a copy thereof is hereto appended, entitled Copy of the Routes and General Plan. The railway and its equipment as contemplated by the contract Beauty of constitute a great public work. All parts of the structure where exposed to public sight shall, therefore, be designed, constructed 13 Chapter I. General Contractor to afford Facilities to Board. Changes in the Contract. Members of Board not liable. Contractor not taxable on Interest hereun- der or on Equip- ment. Contract when assignable. Provision in case Board City Officials not to be interested. and maintained "with a view to the beauty of their appearance, as well as to their efficiency. If under any provision of this Contract the Board or the City shall be entitled by reason of any failure of the Contractor to do or have done any work upon or in relation to the Railroad or Equipment, then the Contractor . shall afford to the Board or the City all facilities for doing- such work, and the representatives of the Board or the City shall be at liberty at any time for such pur- pose to enter upon any part of the premises. No correction or change in this contract shall be made, except by written instrument duly authorized by the Board, and con- sented to by the Contractor and its sureties upon the bonds given hereunder and then in force. No claim shall be made by the Contractor against any member of the Board personally by reason of this contract or of any of its articles or provisions. The Contractor shall be exempt from taxation under the laws of the State of New York in respect to its interest in the Railroad under the contract and in respect to the rolling stock and all other Equipment of the Railroad in the manner and to the extent pro- vided in the Rapid Transit Statute. This contract shall not be assigned without the written consent of the Board concurred in by all the members thereof. In case the Board shall cease to exist the legislature may pro- vide what public officer or officers of the City of New York shall exercise the powers and duties of the Board under and by virtue of this contract; and in default of such provision, such powers and duties shall be deemed to be vested in the mayor of the City. In case any officer or officers other than the Board shall hereafter have the powers of the Board or any of them, then the provisions of this contract shall be applicable to such officer or officers to the extent to which the powers of the Board shall appertain to such officer or officers, and any official act or determination of such officer or officers or of this Board shall be sufficient hereunder, anything herein to the contrary notwithstanding, if the same be done or had by lawful vote or resolution or in such manner as the legislature may from time to time prescribe. If any member of the Board or any member of the municipal assembly of the City of New York or any head of a department, chief of bureau, deputy thereof or clerk therein or any officer of any grade or description of the City or any person in the employ Chapter I. General of the Board is directly, indirectly, actually or contingently inter- ested with the Contractor, and to its knowledge, in any profit or advantage hereunder, or in any supplies or work for or under this contract or for or under any portion of this work, then the Board may, by notice to the Contractor, vacate and terminate the con- tract. And in such case the Contractor shall be entitled to recover for work which shall then have been done no more than the amount payable hereunder at the time according to the terms of this contract, or than the fair and reasonable value thereof. The provisions of the Labor Law, chap. 415 of the laws of 1897 Labor Law to be and the laws amendatory thereof are, so far as applicable, made observed, part of this contract. If the provisions of Section 13 of the said ac-t are not complied with by the Contractor, the contract shall be void. All worked, dressed and carved stone, excepting paving blocks or crushed stone, authorized or required by or under this contract, shall be so worked, dressed or carved within the boun- daries of this Si-ate as required by Section 14 of the said law. Section 3 of the said law as now amended is hereby made part of this contract. No laborer, workman or mechanic in the employ of the Contractor or of any subcontractor or any person doing or contracting to do the whole or a part of the work contemplated by this contract, shall be permitted or required to work more than eight hours in any one calendar day except in cases of extraor- dinary emergency caused by fire, flood or danger to life or prop- erty. Each laborer, workman or mechanic employed by such contractor, subcontractor or by such other person on or upon such work or upon any material to be used upon or in connection there- with shall receive the wages provided for in the said section of the said act and the same shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality where such work on, by or in connection with which such labor is performed in its final or completed form is to be situated, erected or used. This contract shall be void and of no effect un- less the person or corporation making or performing the same shall comply with the provisions of the said Section 3. It is the understanding of the parties to this agreement that All necessary each and every provision of law required to be inserted in this Jf gal P r 9 vlslon s . . " deemed inserted agreement is inserted herein. Furthermore it is hereby stipulated herein. that every such provision is to be deemed to be inserted herein ; and if, through mistake or otherwise, any such provision is not in- 15 Chapter II. Agreement for Construction Marginal notes, etc. Work to be done. Construction by Sections. sefted in correct form, then the contract shall forthwith, upon the application of either party, be amended by such insertion so as to strictly comply with the law, and without prejudice to the rights of either party hereunder. Titles, headings and marginal notes are herein printed merely for convenience and shall not be deemed to be any part of this contract for any purpose whatever. CHAPTER II. AGREEMENT FOR CONSTRUCTION. The Contractor will at his own cost and expense, and in strict conformity with the specifications hereinafter contained and called the Specifications, and also in strict conformity with all the provisions of this contract, whether included in the specifications or not, furnish all the materials and labor neces- sary and proper for the purpose, and, in a good, substantial and workmanlike manner, construct the Railroad, including therein the stations, side-tracks, switches, cross-overs, terminal yards and all other appurtenances complete and ready for Operation, and including also all necessary construction of sewers along or off the route of the Railroad, all necessary readjustment of the mains, pipes, tubes, conduits, subways or other sub-surface structures, the support and care, including underpinning wherever necessary, of all buildings of whatso- ever nature, monuments, elevated and surface railways affected by or interfered with during the construction of the Railroad and the reconstruction of street pavements and surfaces, and do all the work and supply all the materials necessary to con- struct and equip the Railroad in complete working order fully and finally ready for actual operation in the carriage of passen- gers and otherwise as hereinafter specified. Such construc- tion of sewers, readjustment of mains, pipes, tubes, conduits, subways or other sub-surface structures, and such support, care and underpinning of buildings, monuments and railways are and are to be deemed to be essential parts of the Construc- tion of the Railroad. The Contractor shall provide a complete Equipment of the Railroad according to definition of Equipment aforesaid and according to the Specifications hereinafter contained. The Railroad shall, so far as concerns the rights and obliga- tions of the parties under this contract, be deemed to include 16 Chapter II. Agreement for Construction only Section I, unless and until the City shall determine that the Railroad shall also include Section II. After such elec- tion by the City the Railroad shall, so far as concerns such rights and obligations be deemed to include only Sections I and II unless and until the City shall determine that the Rail- road shall also include Section III. After such last men- tioned election the Railroad shall, so far as concerns such rights and obligations, be deemed to include only Sections I, II and III unless and until the City shall determine that the Railroad shall also include Section IV, whereupon the Rail- road shall be deemed to include all four sections. Every such determination by the City shall be made by written notice by the Board to the Contractor. Such notice shall be given with respect to Section II on or before a date not later than one year after the Contractor shall begin work upon Section I, and with respect to Section III on or before a date not later than two years after the Contractor shall begin work on Section I, and with respect to Section IV on or before a date not later than three years after the Contractor shall begin work on Sec- tion I, Provided, however, that such periods shall be respec- tively extended by the time or times during which by injunc- tion or other legal obstruction the Board shall be delayed in giving the notice. The City shall pay, and the Contractor shall receive for the p rice Construction of the Railroad sums of money as follows: If the Railroad shall consist only of Section I, then the sum of Fifteen million Dollars ($15,000,000) ; or if the Railroad shall consist only of Sections I and II, the sum of Twenty-six mil- lion Dollars ($26,000,000) ; or if the Railroad shall consist only of Sections I, II and III, then the sum of Thirty-two million Dollars ($32,000,000) ; of if the Railroad shall consist of Sec- tions I, II, III and IV, then the sum of Thirty-five million Dollars ($35,000,000), Provided, however, that such payments shall be subject to modification and the conditions herein pre- scribed. The City shall also pay and the Contractor shall also receive for the Construction of the Railroad the sum of One Million Dollars ($1,000,000) for terminals, subject to modifica- tion as herein provided. The City shall also pay and the Con- tractor shall also receive for the construction of the Railroad a sum of money for real estate as follows : If the Railroad 17 Chapter II. Agreement for Cotistruciion Right of Board to amplify Plans, to require extra Work,. &c. No acceptance to obviate the Necessity for sound Work, &c. Inspection. shall include only Section I, then the sum of One hundred and seventy thousand Dollars ($170,000) ; if the Railroad shall in- clude only Sections I and II, then the sum of Three hundred and seventy thousand Dollars ($370,000) ; if the Railroad shall include only Sections I, II and III then the sum of Four hun- dred and sixty thousand Dollars ($460,000) ; if the Railroad shall include Sections I, II, III and. IV, then the sum of Five hundred thousand Dollars ($500,000). The said sums so to be paid do not include the cost of Equipment, but do include a consideration satisfactory to the Contractor for its obliga- tion to provide the Equipment which, when provided, shall be the property of the Contractor, subject to the first lien of the City, as provided in Chapter I of this contract. The Board shall have the right, during the progress of the work, to amplify the plans, to add explanatory specifications and to furnish additional specifications and drawings within the limits of the general purview of the work. The Board shall also have the right for any section of the Railroad to require addi- tional work to be done or additional materials to be furnished, or both, within the general purview of a rapid transit railroad as described in the Copy of the Routes and General Plan here- to appended or to require work or materials herein specified or provided for to be omitted. If such additional work or ma- terials shall be required, then the reasonable value thereof shall be additionally paid to the Contractor. If work or materials herein specified or provided for shall be required to be omitted, then a -reasonable deduction shall be made in the manner here- inafter provided from the amount to be paid to the Contractor for construction, Provided, however, that the amount of work and materials called for by this contract upon any Section shall not be diminished without the consent of the Contractor so as substantially to alter the general character or extent of the work as proposed. No acceptance of any part of the work or materials in con- struction or equipment shall relieve the Contractor of his obli- gation to furnish sound material and perform sound work. The Board contemplates, and the Contractor hereby ap- proves, the most thorough and minute inspection by the Board, its Engineer and their representatives and subordinates, of all work and materials from the beginning of the manufacture or 18 Chapter. II. Agreement for Construction preparation both of the Railroad and of such materials to the final completion of its Equipment. It is the intention of the Board that its Engineer shall draw the attention of the Con- tractor to all errors or variations from the requirements of this contract or other defects in workmanship or materials. But it is expressly agreed that no omission on the part of the Board or its Engineer or any other subordinate of the Board to point out such errors, variations or defects shall give the Contractor any right or claim against the City or in any way relieve the Contractor from its obligation to fully construct and equip the Railroad according to the terms of this contract. The work is to be done and the materials are to be furnished Work subject to subject to the direction and approval of the Engineer. The Contractor shall promptly obey and follow every direction within the general purview of the work which shall be given by the Engineer, including any direction which he shall give by way of withdrawal, modification or reversal of any previous direction given by him. If any additional specification be pre- scribed or additional drawing be required to be followed, or additional detail required, or if any question shall arise as to the quality, character or amount of materials or work, or as to the obligation of the Contractor to do any particular work or furnish any particular materials, or as to the value of any addi- tional work or materials required by the Board or as to the deduction to be made from the contract price for the construc- tion by reason of any materials or work directed by the Board to be omitted, or if any other dispute, question or doubt as to what is the obligation of the Contractor shall arise prior to the time of the complete construction and equipment of the Rail- road and the declaration thereof by the Board, the determina- tion of the Engineer shall be binding upon the Contractor and the City, so far as that the Contractor shall, as the case may be, proceed or refrain from proceeding, and without any delay obey the requirement of the Engineer. But a determination of the Engineer shall not be finally con- Engineer's Deter- clusive upon either the Contractor or the City as to the rea- ^J a e c" sonable value of any work or materials additionally required Review. as aforesaid or omitted as aforesaid, or as to the question whether the Contractor is entitled to additional payment for anything additionally required by the Engineer, whether upon 19 Chapter II. Agreement for Construction additional specifications or drawings or in the way of addi- tional details as aforesaid, or otherwise as herein provided, or as to the question whether the City is entitled to a deduc- tion from the amount payable to the Contractor according to Mode of tne terms hereof. In every such case the Engineer shall make. Review. his determination in writing and in duplicate, one duplicate to be filed with the Board and the other duplicate to be delivered to the Contractor. Such determination as to work done or materials supplied on or after the first day of the calendar month next preceding the date of making such certificate, shall if filed with the Board within five days after its said date, be binding and conclusive upon the City unless the Board shall appeal within ten (10) days after such determination is filed with it, and shall be binding upon the Contractor unless the Contractor shall appeal within ten (10) days after such de- livery to him. The appeal shall be taken by a written notice addressed, if the Board be the appellant, to the Contractor, or, if the Contractor be the appellant, then to the secretary of the Board. The notice of appeal shall state the determination ap- pealed from, the grounds of appeal, the precise award or re- dress desirecj, and shall include the appointment of an arbi- trator on the part of the appellant, with a written undertaking on the part of the arbitrator to act. Within ten (10) days after the receipt of a notice of appeal the party receiving the same shall name an arbitrator, and give written notice of such nomination to the party appealing, the notice to be accom- panied by a written acceptance by the arbitrator of the ap- pointment. If the party against whom the appeal is taken shall not so nominate an arbitrator, who shall so accept, then the arbitrator named by the party appealing shall be the sole arbitrator. Either party may, by a general notice to the other, appoint a standing arbitrator for such party. In case of such standing appointment such arbitrator shall be deemed to be appointed upon each appeal, without specification of his ap- pointment upon the appeal. Any vacancy in the office of an arbitrator shall.be filled by the party which shall have appointed the last incumbent thereof, within five (5) days after notice of the vacancy during which five days the running of other periods of time prescribed for or in course of the arbitration shall be suspended. If not so filled, or if notice of the ap- pointment be not given within such five days, the remaining 20 Chapter II. Agreement for Construction arbitrator shall be the only arbitrator. Within five (5) days after the appointment of its arbitrator by the party against whom the appeal is taken, or, if there be a standing arbitrator for such party, then after ten (10) days, but within fifteen (15) days after notice of the appeal is given, the arbitrators, or if the party against whom the appeal is taken shall be in de- fault in appointing an arbitrator, then within five (5) days after such default the arbitrator named by the party appeal- ing, shall proceed summarily, and upon two (2) days notice to both parties, to hear such evidence or statements, oral or written, as may be produced. Such hearing shall be finished within five (5) days after such hearing shall begin ; and within three (3) days after finishing such hearing, the determination of such arbitrators or arbitrator shall be made, but if within such three days the arbitrators (in the case of two arbitrators) shall fail to agree upon and make an award, then they shall forthwith so certify to the Board and the Contractor, and the controversy shall be determined by an umpire to be nominated by the Executive Committee for the time being of the Cham- ber of Commerce of the State of New York, or if within three (3) days after being notified by either of the parties hereto of such failure the said Committee shall not make a nomination, then by an umpire to be named by the Executive Committee for the time being of the Association of the Bar of the ^City of New York. The umpire shall hear the parties, their counsel, the statements of the arbitrators and the statements and evi- dence received by them, or such of them and so much thereof as may appear or be submitted to the umpire upon two (2) days notice to the parties. Such notice shall be given within three (3) days after the nomination of the umpire. The hear- ing by the umpire shall be concluded within three (3) days. His award shall be made within three (3) days after the hear- ing before him is concluded. Every determination by the um- pire, arbitrator or arbitrators, shall be in writing in duplicate, one to be delivered to the secretary of the Board and the other to the Contractor. The Executive Committee of the said. Chamber of Commerce and the Executive Committee of the said Association of the Bar may, upon the joint request of both parties, and from time to time nominate a standing umpire, or a standing board of three experts, to act as such umpire. Such standing umpire or standing board of experts shall, upon every 21 Chapter II. Agreement for Construction Vouchers for extra Work. When City entitled to Abatement of Price. Commencement and Comple- tion of Work. arbitration where an umpire is required, be such umpire, and a decision or determination by a majority of such board of ex- perts shall be the decision of such board. The days for notices and other proceeding shall be exclusive of Saturdays, Sundays and holidays. All fees and expenses of arbitrators and um- pires shall be borne and paid equally by the City and the Con- tractor, by both of whom every such arbitrator and umpire shall be deemed to be employed. Every such arbitrator and umpire shall, before proceeding- to hear the testimony or to consider the matter, be sworn as nearly as may be in the same manner as referees in actions at law are required to be sworn. The Contractor shall become entitled to additional payment for additional work or by reason of additional specifications, drawings, details or other requirements only upon the produc- tion of the certificate and determination of the Engineer if un- appealed from and certified by the Board, or, if so appealed from, then only upon and according to the final award of arbitrators, arbitrator or umpire as aforesaid certified by the 'Board, it being expressly agreed that the City shall make no additional payment to the Contractor except upon vouchers which include such certificates and determination unappealed from, or if appealed from, then such final award and certificate of the Board, as a condition precedent to payment and that no payment shall be made in any such case inconsistently with such final award. Nor shall the City be entitled to claim any abatement from the contract price by reason of diminution in the amount of work required, delay in completion or otherwise except upon the certificate or determination of the Engineer unappealed from by the Contractor as aforesaid, or, if so appealed from, then upon the certificate and award of the arbitrators, arbi- trator or umpire as aforesaid. The Contractor shall begin work upon the Railroad within thirty (30) days after the execution of this contract. The entire Railroad shall be completely constructed and equipped ready for immediate, full and continuous operation as follows : If the Railroad shall consist only of Section I, then within three (3) years from the date of the delivery of this contract ; if the Railroad shall consist of Sections T and II, then within two (2) years from the date of notice of election by the City 22 Chapter II. Agreement for Construction to construct Section II, Provided, however, that the entire period allowed for the construction of Sections I and II shall be as much as three (3) years ; if the Railroad shall consist of Sections I, II and III, then within two (2) years from the date of notice of election by the City to construct Section III, Provided, however, that the entire period allowed for the construction of Sectiqns I, II and III shall be as much as four (4) years; or if the Railroad shall consist of Sections I, II, III and IV, then within two (2) years from the date of notice of election by the City to construct Section IV, Provided, how- ever, that the entire period allowed for the construction of Sec- tions I, II, III and IV shall be as much as four and one-half (4^) years. In the event of delay in such complete Construction and Equipment beyond the period or periods so prescribed, and Price to be in case such delay shall not be excusable, as herein provided, g duced for the price to be paid the Contractor shall be reduced as follows : From the several amounts which shall become payable to the Contractor after the expiration of the said period or periods for work completed or materials furnished thereafter, there shall be deducted and retained by the City as liquidated dam- ages for such delay two per cent, thereof for each and every month after the expiration of the said period or periods until such amounts are severally certified to be due and payable. But in case the Contractor shall be delayed by injunction or by strike or by any interference of public authority, and in case the Contractor cannot, notwithstanding such injunction, strike or interference, with reasonable diligence make up for the delay, so occasioned by speedier work when the Contractor shall not be so interfered with, then the said date for completion shall be extended to a date later than the expiration of the said period or periods by the amount of time of such delay, Provided, however, that no period of such delay shall be deemed to begin until written notice thereof shall be given by the Contractor to the Board. The sites of the terminals shall be proposed by the Con- Sites of Ter- tractor, but the same shall be subject to the approval of the mmals - Board. The City shall itself purchase the real estate for the terminals, by condemnation or otherwise ; but the amount which shall be paid by the City for real estate for terminals shall be deemed to be payment to the Contractor on account of 23 Chapter II. Agreement for Construction Cost of Ter- minals. Cost of Real Estate for Stations, &c. Construction. The Contractor shall receive the exact cost to the Contractor of the complete construction of the terminals, to- gether with a profit of ten (10) per cent, thereon, for its serv- ices in connection therewith. The total amount to be paid or allowed to the Contractor for such cost of construction, in- cluding the additional allowance of ten (10) per cent, (as ex- plained above) together with the sum paid by the City for real estate for terminals, shall in no case exceed One million seven hundred and fifty thousand dollars ($1,750,000). The amount included as aforesaid in the price for Construc- tion hereunder for terminals is the estimated sum of One mil- lion dollars ($1,000,000) which includes the allowance for cost of real estate for terminals and of their complete construction ready for operation, but does not include the cost of any equip- ment thereof. The variation of the cost of the terminals (in- cluding real estate, construction and profit aforesaid) from the said sum of One million dollars ($1,000,000), shall, within the said maximum limit of One million seven hundred and fifty thousand dollars ($1,750,000) be added to or deducted from, as the case may be, the total contract price for construction pay- able to the Contractor. Any excess of the cost of the termi- nals above One million seven hundred and fifty thousand dol- lars ($1,750,000) shall be borne and paid by the Contractor; and any excess above such amount which the City shall itself have paid, shall be forthwith returned by the Contractor to the City or may be deducted by the City from any money other- wise due the Contractor. The amount included as aforesaid in the price for Construc- tion hereunder for real estate to be acquired for stations and other purposes of the Railroad except terminal and equipment, is as follows : If the Railroad shall include only Section I, the sum is One hundred and seventy thousand dollars ($170,- ooo) ; if it includes Sections I and IT, it is Three hundred and seventy thousand dollars ($370,000) ; if it includes Sections I, II and III, it is Four hundred and sixty thousand dollars ($460,000) ; if it includes Sections I, II, III and IV, it is Five hundred thousand dollars ($500,000). The City shall itself acquire (by condemnation or otherwise) all such real estate ; and every amount paid therefor by the City shall be deemed to be a payment to the Contractor on Construction. In case 24 Chapter II. Agreement for Construction the total cost to the City of acquiring such real estate shall be greater than the sums so prescribed, then the contract price for Construction shall be increased accordingly, except, however, that the cost of real estate for such purposes to be borne by the City shall in no case exceed the sum of Three hundred and forty thousand Dollars ($340.000) for Section I ; Seven hun- dred and forty thousand Dollars ($740,000) for Sections I and II; Nine hundred and twenty thousand Dollars ($920,000) for Sections I, II and III; and One million Dollars ($1,000,000) for Sections I, II, III and IV. Any such excess shall be borne by the Contractor. In case the total cost to the City of ac- quiring such real estate shall be less than the said sum of One hundred and seventy thousand Dollars ($170,000) for Section I, or Three hundred and seventy thousand Dollars ($370,000) for Sections I and II, or Four hundred and sixty thousand Dollars. ($460,000) for Sections I, II and III, or Five hundred thousand Dollars ($500,000) for Sections I, II, III and IV, the contract price for construction shall be diminished accord- ingly. The City shall conduct with diligence proceedings to acquire City to diligently the real estate needed for terminals and other railroad pur- ^f^'p necessar y poses or (if requested by the Contractor) which the Con- tractor shall need for Equipment. The Contractor shall, how- ever, give to the Board notice of at least three (3) months that the real estate is required, specifying the parcels. Any damage sustained by the Contractor by reason of delay in its possession of such real estate beyond a period of six months after the giving of such notice shall be paid by the City to the Contractor. The amount thereof shall be certified by the En- gineer as aforesaid but subject to appeal by the City or Con- tractor and determination by arbitration as aforesaid. The City shall pay the Contractor for the work as the same Payments, how progresses upon vouchers certified by the Board. Written made to Con- requisitions by the Contractor for such payments shall be de- livered to the Board at 'intervals of not less than one (i) month. Each requisition by the Contractor shall be accom- panied by a certificate of the Engineer to the effect that work has been done and materials have been delivered in accord- ance with the terms of the Contract at or upon the Railroad prior to the time of such requisition of a value stated in such 25 Chapter II. Agreement for Construction Provision of Equipment. Evidence that labor and materials are paid for. certificate. Such value shall be ascertained relatively to the contract value of the entire work. The Board shall thereupon forthwith prepare and certify a voucher in due form for payment by the City for the work so done and materials so furnished. The Board shall not be bound by the certificate of the Engineer, bite may in every case fix the amount due at such sum as the Board shall itself de- termine to be the proper actual relative value of such work and materials. The amount so certified by the Board shall be forthwith paid by the City to the Contractor without any deduction except as herein otherwise provided. In case such Contractor shall be dissatisfied with the determination of the Board as to value as aforesaid, the Contractor may appeal from such determination in the manner hereinbefore provided for appeals for determination of the Engineer as to additional work, and the receipt by the Contractor of the amount certi- fied by the Board shall not be deemed the waiver of his right to appeal. And if the payment upon such appeal shall be determined to be too small, then upon such determination the City shall forthwith and upon a voucher certified by the Board pay to the Contractor the additional amount awarded upon Isuch appeal. At a date not later than the time when two-thirds (2-3) in value of the work which the Contractor shall be bound to do, not including equipment, shall have been finished, and certi- fied by the Engineer (but subject to appeal as aforesaid) the Contractor shall begin and shall thereafter diligently proceed with the provision of the equipment of the Railroad, and such provision shall proceed at such rate as that the Equipment shall be completely ready for use three (3) months in advance of the complete Construction of the Railroad (that is to say, of the Section or Sections which the Contractor shall be bound to construct). The Contractor shall furnish the Board with satisfactory evidence that all persons who have done work or furnished materials in the construction, and who have given written notice to such Board before or within ten (10) days after the final completion and acceptance of the whole work required under this contract, that any balance for such work or ma- 26 Chapter II. Agreement for Construction terials is due and unpaid, have been fully paid and satisfac- torily secured; and in case such evidence is not furnished as aforesaid such amount as may be necessary to meet the claims of the persons aforesaid may be retained from the money due to the Contractor under this agreement until the liabilities aforesaid shall be fully discharged or such notice withdrawn. If at the time of any such requisition any lien shall have been filed against the Contractor on the Railroad against the amount payable to the Contractor under the provisions of this contract by any person or corporation entitled to file the same for work, labor, or services done or performed for or materials furnished to the Contractor in or about the Construction, an amount reasonably sufficient to pay and discharge such lien and to pay the costs of foreclosure thereof shall be retained by the Comptroller from the amount which would be other- wise payable to the Contractor on such requisition, until the said lien shall be discharged or secured as provided by law. If such lien shall be foreclosed according to law then the Comptroller may pay the said amount found due upon such lien by the judgment in the foreclosure action to the person entitled thereto, and such payment shall be deemed a payment hereunder to the Contractor. If the sum so retained shall not be sufficient to discharge the lien so foreclosed, the deficiency shall be retained by the Comptroller out- of the next moneys coming due to the Contractor. In case any claim shall be made by any person or corpora- tion against the City for loss or damage to person or property caused by or arising frorrt or alleged to have been caused by or to have arisen from any negligence, fault or default of the Contractor, the amount of such claim shall upon the require- ment of the Board be retained by the Comptroller out of any moneys thereafter growing due to the Contractor hereunder (in addition to the other sums hereinbefore authorized to be so retained), as security for the payment of such claim or claims. If and when the liability of the City on such claim or claims has been finally established by a judgment of a court of competent jurisdiction, or has been admitted by the Contractor, the said claim or claims shall be paid from the amount so retained and the balance, if any, paid to the Con- tractor. Chapter II. Agreement for Construction Specifications and Drawings subject to Requirement of Railroad of high- est Grade. Where Text of Contract doubt- ful, best Mate- rials and Work- manship re- quired. The specifications and contract-drawings hereinafter men- tioned, and the other and additional provisions of this con- tract, are intended by the Board to be full and comprehensive, and to show all the work required to be done. But in a work of this magnitude it is impossible either to show in advance all details, or to precisely forecast all exigencies. The specifica- tions and contract-drawings are to be taken, therefore, as indi- cating the amount of work, its nature and method of construc- tion so far as the same are now distinctly apprehended. But the Contractor understands, and it is expressly agreed, that there is included within its obligation the complete Construc- tion and Equipment of the Railroad as herein contemplated. The Railroad is to be constructed for actual use and operation as an interurban railroad of the highest class, adapted to the necessities of the people of the City of New York. It is to be used and operated as provided in Chapter III, the Lease. The Contractor shall construct, complete and fully equip the Rail- road in the best manner, according to the best rules and usages of- railway construction, so that the Railroad shall be thor- oughly fitted for safe, continuous, immediate and full opera- tion in the manner and subject to the requirements of Chapter III, the Lease. If, in the specifications or contract-drawings or in the provisions of this contract, any detail or other matter or thing requisite for such operation in such manner and sub- ject to such requirements be not mentioned, nevertheless the same is deemed to be included, and the Contractor hereby un- dertakes to do the same as part of its work hereunder. And it is expressly agreed that the price to be paid the Contractor as herein prescribe'd includes full compensation for every such detail, matter and thing. In the event of any doubt as to the meaning of any portion or portions of the specifications or contract-drawings, or of the text of the contract, the same shall be interpreted as calling for the best construction, both as to materials and workmanship, capable of being supplied or applied under the then existing local conditions. This provision, by way of illustration, im- plies the requirement that the interior surface of every part of the tunnel containing the railway shall be entirely free from percolation of ground or other water from without ; the re- quirement throughout of a structure whose component parts shall be of as permanent and durable a character as prac- 28 Chapter II. Agreement for Construction ticable; the requirement that the steel and such other parts of the structure as are liable to rust and decay shall be fully pro- tected from such action ; the requirement that the track and roadbed shall be such that trains such as are described in Chapter III, the Lease, can be run thereon with safety and comfort at the highest practically attainable speeds ; and the requirement that there shall be adequate stations. All the clauses of the specifications, and all parts of the contract- drawings, are, therefore, to be understood, construed and in- terpreted as intending to produce the results hereinbefore stated. The plans referred to in the specifications hereinafter con- Plans and tained are one hundred and seventeen (117) in number, bear Contract r> r> Drawings, date jth April, 1898, are each countersigned by the Engineer, are stamped with the seal of the Board, and bear the general title, "Contract Drawing No. ." The sheets are as follows: Nos. A i to A 35 inclusive; Nos. B i to B 46 inclu- sive ; Nos. C i to C 36 inclusive. The sections and dimensions of all parts shown on the con- tract-drawings are typical sections and dimensions applicable to the greater part of the work, and where no extraordinary conditions exist. Where such conditions do exist, or where unforeseen contingencies arise, such as the encountering of quicksand or other bad material, or when provision must be made for the support of elevated railroad columns, or when there are buildings, monuments or other structures whose foundations are of such a character as to bring an undue thrust upon the tunnel, or other similar circumstances exist, then and in every such case the Board may issue such special plans, duly countersigned by the Engineer, and accompanied by specifica- tions explanatory thereof, or describing the method of con- struction, changing the section or the dimensions of the parts or the materials of the structure ; and such special plans and specifications when so issued shall be binding on the Con- tractor. In addition to the contract-drawings already mentioned, the Supplementary Board has had prepared a set of maps and plans one hundred Drawings, and forty-two (142) in number, bearing the same seal, general title and date as the contract-drawings, but designated as Supplementary Drawings which are signed by the Engineer 29 Chapter II. Agreement for Construction Names of Sub- Contractors to be given. Contractor ap- proves Plans as involving no Damage. and marked Nos. D i to D 142 inclusive. These supplemen- tary drawings exhibit certain information which the Board has received from its Engineer of the nature of the soil underlying portions of the route, the nature and position of elevated and surface railways, water mains, gas and other pipes, sewers, electric subways, manholes, hydrants, catch basins and other surface and sub-surface structures. The supplementary draw- ings have been exhibited to the Contractor without any guar- antee on the part of the Board as to their completeness or correctness, and the Contractor may, at its option and at the expense of the Board, have copies thereof for such aid, if any, as the Contractor may derive from them. If, upon opening the streets or otherwise, difficulties of any nature be encoun- tered which are not indicated or suggested by the supplemen- tary drawings, or if additional surface or sub-surface struc- tures be discovered or found of different size or in different positions or of different nature from those shown on the sup- plementary drawings, or if in any way such supplementary draw- ings be found erroneous, the Contractor shall have no claim what- ever for any such failure, discrepancy, or error, but is to take every necessary or proper precaution to overcome the unforeseen diffi- culty, and is to take care of, protect, remove, adjust or readjust, as the case may be, the additional or different surface or sub- surface structures according to the direction of the Engineer. The Contractor shall, before making any sub-contract of its work, in writing state to the Board the name of such sub- contractor, the portion of the work which such sub-contractor is to do or the materials which sub-contractor is to furnish, the place of business of the sub-contractor and such information as the Board may require to enable it to know whether such sub- contractor is able competently to do the work or provide the materials. The Contractor admits and covenants to and with the City that the plans and specifications and other provisions of this contract for construction, if the work be done without fault or negligence on the part of the Contractor, do not involve any danger to the foundations, walls or other parts of adjacent buildings or structures ; and the Contractor shall at its own expense make good any damage that shall, in the course of construction, be done to any such foundation, walls or other parts of adjacent buildings or structures. Chapter II. Agreement for Construction The Contractor shall during the performance of the work Traffic to he safely maintain the traffic on all streets, avenues, highways, maintained - parks or other public places in connection with the work, and take all necessary precautions to place proper guards for the Indemnification prevention of accidents, and put up and keep at night suitable for Accidents - and sufficient lights and indemnify and save harmless the City against and from all damages or costs to which it may be put by reason of injury to the person or property of another or others, resulting from negligence or carelessness in the per- formance of the work or from guarding the same, or from any improper materials used in its construction, or by or on ac- count of any act or omission of the Contractor or the agents thereof. The Contractor shall be responsible for all damage which Contractor's Lin may be done to abutting property or buildings or structures thereon by the method in which the construction hereunder erty. shall be done, but not including in such damage any damage necessarily arising from proper construction pursuant to this contract, or the reasonable use, occupation or obstruction of the streets thereby. The Contractor shall obey any order of the Engineer to support or secure abutting property or any structure thereon ; but the Contractor shall not be relieved of responsibility by any failure or omission of the Engineer to give any such order or notice of any danger. All material excavated along the route shall be the property Excavated of the Contractor. material. The Contractor will at all times give to the Board and its Inspection, members, to the Engineer and the assistants and superin- tendents under the Engineer, and any person designated by the Board or its president, all facilities, whether necessary or con- venient, for inspecting the materials to be furnished and the work to be done under this contract. The members of the Board, the Engineer and any superintendent, assistant or other person bearing his authorization or the authorization of the Board or its president, shall be admitted at any time sum- marily and without delay to any part of the work or to in- spection of materials at any place or stage of their manufac- ture, preparation, shipment or delivery. Any engineer substituted by the Board in place of the Chief Substitute of Engineer during any absence, illness or inability of his or 31 Chapter //, Agreement for Construction Contractor bound to com- plete in best Manner. Best Materials, Machinery, Tools, &c., to be used. Construction includes Sewer and other Incidentals. when the Board shall so determine, shall, during his official connection, have all the power and authority of the Engineer, and in all respects be recognized as such Engineer. The Contractor shall complete the entire work upon every section of which construction shall be required as aforesaid in accordance with the specifications and contract-drawings and according to the other provisions of this contract and within the times specified in this contract in the most workmanlike manner and with the highest regard to the safety of life and property and according to the lines, levels and directions given by the Engineer, for the price herein agreed ,upon, except that for extra work, if any, there shall be additional payment as hereinbefore provided, and except that for part or parts of the work, if any, omitted, there shall be deduction from the con- tract price as hereinbefore provided. The Contractor is to furnish of the best description all materials, machinery, implements, tools and labor necessary to construct and put in complete working order all work covered by the specifications, contract-drawings and other provisions of this contract including all additional specifications, drawings and details issued or required as herein provided. In order to construct the Railroad it will be necessary to take up and relay the pavement or other surface material, to protect and support during construction elevated and surface railways, water mains, gas pipes, electric subways, pneumatic tubes, steam pipes and other sub-surface structures, together with their necessary connections, as the same may be met with along the route ; to build sewers both along the route and other streets; to make. or remake the necessary manholes, catch basins and other sewer connections therewith ; to move, alter, readjust or rebuild water mains, gas pipes, electric subways, pneumatic tubes, steam pipes and other sub-surface structures, together with their necessary connections ; and to do all such additional and incidental work as may be necessary for the completion of the Railroad and the final restoration of the street or other surface to as useful and good a condition as ex- isted before construction shall have been begun. All such work of every description is part of the work of Construction of the Railroad included within this contract. Chap. II. Agree 't for Const' n: Specifications The following are specifications of the work, but it is ex- Specifications pressly understood that such specifications do not include all no ^ exdusive - requirements, but are requirements in addition to those here- tofore or elsewhere given or provided in this contract. The specifications and other provisions of this contract, and the contract-drawings, are intended to be explanatory of each other. Should, however, any discrepancy appear or any mis- understanding arise as to the import of anything contained in either, the explanation of the Engineer shall be final and con- clusive, except that, upon any claim by the Contractor that it has been called upon to do work or furnish materials in excess of quantity or value of those called for by the terms of this contract, it shall be entitled to appeal, as hereinbefore pro- vided, and to a correction by way of money allowance to it of any error of the Engineer. SPECIFICATIONS. The specifications are grouped in subdivisions as follows : PAGE. (34) i. General Description of the Work. (37) 2. Manner of Prosecution. (40) 3. Excavation. (43) 4. Backfilling. (44) 5. Piling and Timbering. (44) 6. Tunnelling. (46) 7. Cement. (46) 8. Mortar. (47) 9. Concrete. (49) 10. Brick Masonry. (51) ii. Stone Masonry. (54) 12. Water Proofing. (57) J 3- Drains and Pumps. (5. //. Agree'i for Const'n: Specifications Sides to be secured. Quicksand. Pumping'. Hlasting. or of the carriageway by vehicles or street cars. The sides of the excavations shall be secured against slips by suitable sheet piling or sheathing, held in place by braces, shores or waling strips, special precautions being taken where there is addi- tional pressure due to the presence of buildings or other struc- tures. The Engineer may order additional braces and sup- ports, and the same shall be promptly put in place by the Con- tractor. All such sheet piling, sheathing, bracing, shores and waling strips, shall be put in place by workmen especially skilled for that purpose, and shall be so arranged as to permit their being withdrawn when the trenches are being backfilled. In the event of encountering quicksand, sub-surface streams or similar dangerous contingencies, or where passing especially heavy buildings which by their construction or position might bring a great pressure upon the trenches, the right is reserved b.y the Board for the Engineer to direct that but a short length of trench shall be opened at one time, and furthermore to direct, if necessary, that the same shall be securely sheathed and braced on all sides after the manner of a shaft, and that the permanent work be constructed in such shaft and back- filled before another opening is made. Whenever water is en- countered in trenches, the same shall be removed by baling or pumping, great care being taken when pumping that the sur- rounding particles of soil be not disturbed or removed. If necessary to prevent such disturbance, the pumping must be done by a series of driven wells whose points are protected by fine wire cloths, and the rate of flow at each well being made so slow as not to remove the particles of soil ; or the pumping must be done by other means approved by the Engineer. The delivery from all pumps shall be conducted into the adjacent sewers, and the delivery pipes shall be so arranged as to be readily inspected at all times to ascertain if the water is free from particles of soil. Whenever rock is encountered in any trench, and blasting is necessary for its removal, all necessary precautions must be exercised by the Contractor, and before blasts are fired the same must be covered with logs, as required by the ordinances of the City of New York relative to blasting. Explosives shall be used only of such character and strength as may be permitted by the Board, and the right is reserved for the En- 42 Chap. II. Agree't for Const' n: Specifications gineer to direct that in special cases ordinary blasting powder only, in small charges, shall be used. \Yherever any pipe or main is encountered in the trench, right is reserved to direct that all rock within five (5) feet of the same shall be removed by means other than blasting. In residental districts no blasts in open trenches shall be fired, without the special permission of the Board, between the hours of 8 P. I\I. and 7 A. M. No larger quantity of explosives Hours for shall be kept on the line of the work than will be actually re- Blasting, quired for the twelve (12) hours of work next ensuing, and such supplies shall be divided as far as possible and kept under lock, the key to which being only in the hands of the foreman or other equally trustworthy person. The amount of ex- storage of plosives kept in any one place shall not exceed the limit per- Explosives. mitted by any ordinance of the city, or as may be determined by the Board. Caps and exploders shall not be kept in the same place with dynamite and other explosives. During freez- ing weather, spe.cial precautions shall be taken as to the care and manipulation of dynamite. 4. BACKFILLING. The trenches at the sides of and over the top of the tunnel, Layers, shall be backfilled with sand, gravel, or other good clean earth and free from stones exceeding eight (8) inches in diameter and not containing in any place a proportion of stone below that size exceeding one (i) part of stone to three (3) parts of earth. The filling shall be deposited in layers not exceed- ing nine (9) inches in thickness, well watered arid thoroughly packed by rammers weighing not less than thirty (30) pounds each, and in such manner that no unbalanced pressure can be thrown upon the tunnel or any sewer, pipe or other subsur- face structure. Whenever pipes, sewers, or other subsurface structures are met with, the filling must be carefully packed, rammed and tamped under such subsurface structures, using special tools for the purpose. No filling of trenches with frozen earth will in any case be permitted. As fast as the work of Timber to be filling permits, sheathing and other timber supporting the withdrawn. sides of the excavation shall be carefully withdrawn, or left in place as directed by the Engineer. 43 Chap. II. Agrce't for Const' n: Specifications Piles. Foundation timber. Timber for temporary purposes. Tunnels to be lined. 5. PILING AND TIMBERING. At situations where the excavation is in wet ground, or for the foundations of any part of the viaduct portions of the rail- road, if in the judgment of the Engineer the ground is of such a character as to require piling, the Board may direct the Contractor to drive piles. Such piles shall be of good sound oak, pine or spruce, straight and free from shakes ; they shall be not less than twelve (12) inches in diameter at the butt end, or less than six (6) inches in diameter at the point, and shall be driven to the satisfaction of the Engineer and by means of a steam hammer driver if so required by him. If necessary the points of the piles shall be protected by proper shoes, and the butts by rings or caps. Piles shall not be spliced unless permitted by the Engineer, and then in such a man- ner as he directs. Piles shall be carefully cut off to the grade given by the Engineer. All foundation timber shall be of pine or spruce, or other timber permitted by the Engineer, sound and, free from shakes. It shall be of such dimensions, and laid in such manner, as the special plans to be issued shall require, and held in place by spikes or good seasoned oak or locust treenails. All timber used for sheeting, shoring, bracing, bridging or other temporary purposes, shall be sound and free from any defect that may impair its strength. The top or wearing sur- face of all bridging used for carriageways shall be of hard yellow pine, sound, straight, and free from all shakes, and large loose knots. All sheathing and timber used temporarily shall be put in place by skilled mechanics, keyed tight by wedges where necessary, and so arranged as to be withdrawn readily without endangering the adjoining soil. 6. TUNNELLING. All tunnels, unless otherwise ordered by the Board, shall be lined with concrete or brick masonry. Where tunnels are in rock and said rock is dry and free from waterbearing seams, the lining may be of brick or concrete, at the option of the Contractor. Where in wet ground the lining shall be of brick of which at least one ring in the arch and one brick thick- ness in the sidewalls, shall be laid in asphalt as prescribed in these specifications relative to waterproofing. 44 Chap. II. Agree 't for Const' n: Specifications The spacing between the extrados of the arch or back of Packing, the sidewalls and the rock or other materials of excavation, shall be completely filled with dry packing of sound stone of approved size and quality and free from perishable matter, or with rubble masonry laid in natural cement mortar, or with concrete, as may be ordered by the Engineer. The filling of whatever nature to be carefully and thoroughly compacted so as to bring a uniform pressure on the masonry. Whenever dry packing is used, the extrados of the arch and Extrados to be back of the sidewalls where in contact with such dry packing, coated - shall be covered with a coating of natural cement mortar mixed one (i) portion cement to one (i) portion sand, and not less than one-half ( l / 2 ) inch thick. .The tunnels shall be excavated to the lines as shown on Blasting, the plans. Drilling and blasting must be conducted with all possible care and in such manner as not to shatter the roof and sides outside of the section lines, nor endanger adjoining property. Blasts shall not be fired between the hours of 8 P. M. and 7 A. M. where tunnels are in front of private resi- dences, without the express permission of the Board and under such restrictions as it may impose. Whenever any loose rock occurs outside the lines of the Loose Rock, excavation, whose fall or settlement might, in the judgment of the Engineer, produce an unequal or concentrated pressure on the masonry, the same shall be removed. All seams carrying water shall be carefully drained, as Drainage of specified under the clauses relating to drainage. In soft ground the Contractor must take every precaution, Soft ground, or such precautions as the Engineer may direct, by suitable shields, timbering, lagging or other supports, to prevent any settlement or movement of surrounding ground. Such timber as cannot be drawn without endangering the work or the ground above, shall be left in place and thoroughly surrounded by masonry or dry packing, as the Engineer may direct. All methods of tunnelling shall be subject to the approval Methods to be of the Engineer, and be changed from time to time if, in his a judgment, the local conditions so require. In arched cut and cover work the arching and side walls Arched cut and shall be of concrete or brick masonry, with proper precaution c 45 Chap. II. Agree' t for Const'n: Specifications Brand to be approved. Inspection and tests. taken in each case to prevent leaks, as prescribed in the clauses relating to waterproofing. 7. CEMENT. Best Quality. Natural and Portland cement, slow or quick setting, as directed, and equal in quality to the best grades of Rosendale and American Portland cements respectively are to be used and delivered in well made casks or such other packages as may be approved by the Engineer. Before any cement will be allowed to be used, the brand and name of the maker must be submitted to and receive the approval of the Engineer, and no cement will be permitted to be used that is not in all respects satisfactory to him. All cements used shall be subject to inspection and such rigorous tests as shall be ordered by the Engineer, preference being given to cements, however, which, by their records, show a tendency to develop strength steadily for long periods, unless for special purposes cement is required that will de- velop great strength in a short time. The Contractor must at all times keep in store, at some convenient point in the vicinity of the work, or at the place of manufacture, should the Engineer so elect, a sufficient quantity of cement to allow ample time for tests to be made, and the Engineer shall be notified at once of each delivery. Cements shall be stored in a tight building, each cask or pack- age being raised several inches above ground by blocking or otherwise, and ample storage room must be provided so that each separate lot of not more than one hundred (100) barrels can be stored so as to make it convenient to identify each in- dividual lot in case of its rejection, or in case of the necessity for further tests. 8. MORTAR. All mortar shall be prepared from cement in perfect con- dition, which has passed the tests required by the Engineer, and clean, sharp sand, free from loam or foreign matter, and anproved by the Engineer. These ingredients shall be thoroughly mixed dry in the proportions as specified below ; a moderate dose of water is then to be added, so as to pro- How mixed f ^ uce a st ^ paste of the proper consistency. The mortar shall Methods of storing. Sand. 46 Chap. II. Agree 't for Const' n: Specifications be freshly mixed for the work in hand, in proper boxes made for that purpose, and no mortar shall be used that has become hard or has taken an initial set. nor shall any mortar be used that has stood beyond such limit of time as may be ordered by the Engineer. No retempering of mortar will, under any circumstances, be permitted. In mixing mortar, the cement shall be measured as packed Cement how in the casks received from the manufacturer, or in other measured. packages equivalent to casks, and the proportions by volume shall be, for the various classes of work, as specified below: Brick masonry, i portion Portland Cement, 2 portions sand. Column footing stones, I portion Portland Cement, 2 por- tions sand. Stone masonry, i portion Portland Cement, 2 l / 2 portions sand. Rubble masonry, i portion Natural Cement, 2 portions sand. Pointing, i portion Portland Cement, i portion sand. Concrete masonry, as specified under the head of concrete. For other classes of work, as directed by the Engineer. 9. CONCRETE. The concrete shall be composed of sound, clean, screened How composed, gravel or sound broken stone, or a mixture of both, free from all dirt and dust, and mixed together with the proportion of mortar specified below. The broken stone or gravel used for concrete for the finish- size O f stone ing floor of the railway, must not exceed one (i) inch at in finishing their largest diameter. For all other concrete the maximum diameter for broken size O f stone stone or gravel unless specifically permitted by the Engineer other concrete, must not exceed in any direction two (2) inches, with a mini- mum diameter of one-quarter (^4) of an inch. In all concrete where the thickness is thirty (30) inches Rubble concrete, or more, the Contractor may imbed in the same broken pieces of sound stone whose greatest diameter does not exceed twelve (12) inches and whose least diameter or thickness is not less than three-quarters ($4) of the greatest diameter. These stones shall be set by hand in the concrete as the layers are being rammed, and so placed that each stone is completely and perfectly bedded. No two stones are to be within six (6) 47 Chap. II. Agree' t for Const' n: Specifications Proportions of concrete. Stone to be wet To be laid immediately. inches of each other and no stones within four (4) inches of an exposed face. The proportions of mortar and stone used in making con- crete shall be as follows : Concrete in arches of roof and sidewalls, where the thick- ness does not exceed 18 inches, one (i) portion Portland cement, 2 portions sand, 4 portions stone. Concrete in sidewalls or tunnel arches, where backing is rock in place, i portion Portland cement, 2 l / 2 portions sand and 5 portions stone. Concrete in foundations in wet ground, where thickness, ex- clusive of finishing floor concrete, does not exceed 24 inches, i portion Portland cement, 2 portions sand, 4 portions stone. Concrete in foundations in wet ground where thickness, ex- clusive of finishing floor concrete, exceeds 24 inches, i por- tion Portland cement, 2 l / 2 portions sand, 5 portions stone. Concrete in foundations in dry ground, i portion Portland cement, 2 l / 2 portions sand, 5 portions stone. Concrete in foundations where on rock, if not exceeding 12 inches in thickness, i portion Portland cement, 2 l / 2 portions sand, 5 portions broken stone. If exceeding 12 inches, i por- tion Portland cement, 3 portions sand, 6 portions broken stone. (Note. If the rock is dry, Natural cement may be substituted for Portland cement in above, but increasing the quantity of cement used thirty (30) per cent.). Concrete in mass, such as retaining walls, or backing of masonry retaining walls, in dry ground, i portion Natural cement, 2 l / 2 portions sand, 5 portions stone. If such retaining walls or backing are in wet ground, or subject to extraordinary strain, then Portland cement shall be substituted for Natural. The broken stone or gravel shall be spread on a platform sprinkled with water, and then thoroughly mixed with the mortar in the proportions as specified above. Machinery for the mixing of concrete may be used if approved by the En- gineer. The concrete shall be laid immediately after mixing and be thoroughly compacted throughout the' mass by ramming. The amount of water used in making the concrete shall be approved by the Engineer. 48 Chap. II. Agree 't for Const' n: Specifications The concrete shall be allowed to set for twelve (12) hours, To be allowed or more, if so directed, before any work shall be laid upon t( it; and no walking over or working upon it shall be allowed while it is setting. Before laying concrete on rock surfaces the latter shall be Rock to be swept clean of all debris and dirt. Whenever it becomes necessary to lay fresh concrete next How to join to or on top of concrete in which the mortar has already set, the surface of the old concrete shall be well washed and a thin layer of clear cement shall then be spread over it imme- diately previous to the laying of the fresh concrete. Suitable molds shall be provided by the Contractor to sup- Moldi. port the concrete while being rammed in the walls or roofs. These molds shall be immediately replaced by new ones as soon as they commence to lose their proper shape. Before being used they shall be carefully cleaned of cement and dirt and shall present to the concrete on the surface afterwards ex- posed to sight a perfectly smooth surface, to be obtained by covering such portion of the molds with sheet metal, or by carefully planing the wood and coating the face of the same with black oil. In no case on an exposed surface of the con- crete must the joints of any component pieces of the mold, nor the grain of the wood, be visible. The molds shall be set true to line, firmly secured, and be so tight as not to allow water in the mortar to escape. They shall remain in place until the concrete is thoroughly set, and in the event of pressure coming at once on the concrete, such additional time as the Engineer may direct. On removing the molds, if any voids or irregular connec- Voids to be tions with the steel framework are discovered, such defective filled. work shall be cut out and filled with a rich concrete or mortar, in such proportion and in such manner as the Engineer may direct. 10. BRICK MASONRY. Bricks for all masonry, except where enamelled bricks are Quality, specified, shall be of the best quality, hard burned bricks, burned hard entirely through, regular and uniform in shape and size and of compact texture. Special bricks of pressed con- crete or other equally durable material may be used if ap- proved by the Engineer. 49 Chap. II. Agree' 't for Const' n: Specifications Enamelled bricks or tiles. Firsts and seconds. Lower than seconds. Fine joints. Bricks how laid. Surfaces to be scraped. Bricks to be culled. Unfinished work. Special bricks. Enamelled bricks or tiles will be accepted as "run of kiln," provided that no brick or tile shall go into the work that is unsound, or has any defect that impairs its strength or durabil- ity. Enamelled bricks or tiles will be carefully inspected and only "firsts" and "seconds" used in stations, care being taken to so distribute ^them that only firsts shall be laid in the most exposed places. Enamelled bricks or tiles grading below seconds shall be used in the lining- of jack-arches over the railway at the sta- tions and in the lining of the sidewalks of the railway for a distance of at least thirty (30) feet in both directions from the ends of the platform. Enamelled bricks or tiles must be laid by workmen espe- cially skilled, with very fine joints and perfectly true to line and surface. All brick masonry shall be laid in mortar of the quality above described, except that in exposed locations coloring matter may be added, if permitted by the Engineer. The bricks shall be laid to line with joints in the face work not exceeding one-quarter (%) inch in the beds, and three-eighths (^) inch on ends; the bricks to be thoroughly wet before laying and to be completely imbedded in mortar under the bottom and on the sides and ends at one operation, care being taken to have every joint full of mortar. All exterior surfaces shall be smooth and regular. The inside faces of all arches and other exposed parts shall have all the mortar scraped off within three (3) days after the centres have been struck, and shall be pointed and left in neat condition. All bricks of whatever nature will be carefully culled be- fore laying, at the expense of the Contractor. No "bats" shall be used except in large masses of brickwork, where a moderate proportion, to be determined by the Engineer, shall be used, but nothing smaller than half bricks. All unfinished work must be racked back or toothed, as directed by the Engineer, and before new work is joined to it the faces of the bricks in the old must be scraped entirely clean, scrubbed with a stiff brush and be well moistened. Where necessary to make a neat joint in connection with steel framework, or at corners, curves, or other similar places, Chap. II. Agree V for Const' n: Specifications special bricks of proper shape shall be furnished and used. All centres made to fit the curves of the work shall be made, Centres. put up and removed in a manner satisfactory to the Engineer. ii. STONE MASONRY. Cut stone masonry will be used for footing stones of col- Where used, umns, copings, ventilating openings, portals, and other ex- posed surfaces where the line passes from tunnel to viaduct and from viaduct to tunnel. Such masonry, except as other- wise specified, shall be of granite, unless some other durable stone is accepted by the Board. All stone masonry in connection with portals, and ap- HOW finished, preaches thereto, shall be left with a rock face, rough pointed, or fine hammered, in accordance with the design and the va- rious positions in which the stones are placed. The stones used in such work, or other exposed positions, must be of uniform color, free from all seams, discolorations, and other defects. Footing stones for columns shall be of the dimensions and Footing stones, shapes shown on the plans, shall be strong and free from de- fects, and shall be set in Portland cement mortar. Before being set the tops shall be rough-pointed without chisel draft. The vertical sides shall be left quarry faced, the portion of the top where the column base plate is to sit dressed with pean hammers, and the bed brought to a plane such that at no point will it be more than three-quarters (^4) of an inch TO be set high, from a straight edge laid across in any direction. In case the contractor fails to set the footing stones true to line and surface, then they shall be set with their tops about one-eighth (%) of an inch above the grade called for by the plans, and not less than two (2) days after being set they shall have their tops dressed with pean hammers, so as to form accurate seats for the base plates of the columns. Holes shall be ac- Anchor bolt curately drilled for anchor bolts, and filled with neat Port- noles - land cement mortar after the bolts are set in place. The masonry in the face walls of the portals shall be of Portals, first-class rock-faced ashlar. The retaining walls of open cuts adjacent to tunnel portals Retaining walls shall be faced with good red face bricks for a thickness of m cuts - at least twelve (12) inches and backed with concrete. Chap. II. Agrcc't for Const' 11: Specifications Retaining walls in fills. Sizes of stone. Backing of walls. Coping stones. Railings. The retaining walls of the embankments in the Boulevard at I23d and I33d streets shall be faced with first quality very hard face bricks of color approved by the Engineer and divided into panels by cut stone pilasters all resting on a granite sub-base. The retaining walls of the embankment in Westchester Avenue shall be faced with first quality very hard bricks or first-class rock-faced ashlar of the quality as described be- low. The retaining walls at Fort George shall be faced with native stone ashlar. The sizes of the stones and the depths of the courses shall be according to the plans to be furnished by the Board. All bed joints shall be truly horizontal and all end joints truly vertical. The stones shall be accurately squared, jointed and bedded over their whole surface and laid with one-half ( l / 2 ) inch joints, except in the native stone masonry where the joints shall not exceed three-fourths (^4) of an inch. The proportion of headers to stretchers shall be as directed by the Engineer, but not less than one (i) header to four (4) stretchers. All retaining walls shall have a backing composed of cori- crete or good range rubble, made of some sound stone, ac- ceptable to the Engineer, but all thoroughly bonded with and tied to the face of the wall. If rubble be used, the stones must be bedded in the same way as those in the face, but not jointed, and must be well fitted to their places, the inter- stices being filled with sound stones. If concrete be used, the same shall be composed of materials and mixed in the manner as specified in the clauses relating to concrete. It shall be built up in layers evenly with the stone facing, par- ticular care being taken to have the concrete well rammed, and the headers so set that the facing and backing shall be firmly bonded. The walls shall be finished with suitable copings as per plans to be furnished by the Board. These copings are to be cut to exact dimensions, with all mouldings, angles and arrises true, well defined and sharp. The copings, except at Fort George, shall be surmounted by a masonry wall at least six (6) 'feet in height. At Fort George the coping shall be surmounted by an iron hand-rail. Chap. 11. Agree 't for Const' n: Specifications Refuge niches, archways and quoins, and other special parts, Refuge niches. shall be finished in rough pointed work and with stones of such dimensions as called for by the plans to be furnished by the Board. In rock faced work the arrises of the stones enclosing the rock R oc k f ace face must be pitched to true lines, the face projections to be bold, and not exceeding three (3) inches beyond the plane of the ar- rises. The angles of all walls on structures having rock faces Chisel drafts, are to be defined by a chisel draft not less than two (2) inches wide. In rough pointed work the stones shall at all points be Roughpointing. full to the true plane of the face, and at no point shall project beyond one-quarter (X) of an inch, the arrises to be sharp and well defined. Each stone to have its arrises well defined by a chisel draft one and one-half (i l /z} inches in width, unless re- duced by the Engineer. In bush-hammered work the fac^s of the stones shall be Bush hammer- brought to a true plane and fine dressed with a bush hammer inff- having six (6) blades to the inch. If directed by the Engineer all stone shall be sprinkled before Stones to be being laid. sprinkled. In case, during the progress of the work, any rubble or other Rubble masonry, masonry of different class from that specified above shall become necessary, or shall be desired by the Board, the same shall be constructed according to the specifications applicable to the best work of such class, and according to the directions of the En- gineer. The pointing of the faces shall be thoroughly made with Port- Pointing mortar, land cement mortar, mixed in the proportion of one portion of cement to one portion of sand. Unless otherwise permitted, every joint to be raked out within Joints to be two days after being laid, to a depth of at least two inches. No pointing shall be done in freezing weather and all masonry Freezing weather, laid between December ist and April ist shall not be pointed until permitted by the Engineer. During ^ freezing weather such ma- sonry only will be built whose construction cannot be postponed, in the judgment of the Engineer, except at the cost of delaying the work. The Contractor must provide salt, or appliances for heating the water and steaming the building materials according to the specific directions of the Engineer. 53 Chap. II. Agree 't for Const' n: Specifications Natural cement not to be used in freezing weather. Protection' during hot weather. Defective masonry. Masonry, definition of. Natural cement will not be permitted to be used in freezing weather. During such weather Portland cement must be sub- stituted in its place. During hot weather all masonry, especially concrete, shall be kept wet by sprinkling and be covered until the same has become hard enough to prevent drying and cracking. Any masonry which is found to be defective from any cause at any time before the acceptance of the work must be removed and properly rebuilt. The word "masonry," "where it occurs in these specifications, covers, unless otherwise specified, masonry of all kinds, whether of concrete, brick or stone. Percolation of water to be prevented. Preparation of foundations. Layer of ihot asphalt. Layer of felt. Omission in dry loundations. Side wall construction. 12. WATERPROOFING. It is the very essence of these specifications to secure a railway structure where underground, which shall be entirely free from the percolation of ground or outside water, to which end construe tion shall be carried out as follows : After the soil has been excavated to the required depth and dressed off to a true grade as directed by the Engineer, there shall be laid a bed of concrete of the proportions as herein described, of such thickness as the local conditions demand, in the judgment of the Engineer. On such bed, which shall be made as level and smooth as possible on the top surface, there shall be spread a layer of hot asphalt, and on such asphalt there shall be immediately laid sheets or rolls of felt, all of the quality hereinafter described ; another layer of hot asphalt shall be spread over the felt ; another layer of felt laid, and so on until not less than two (2) such layers of felt nor more than six (6) be laid with asphalt between each layer, and below and on top. On top of the upper surface of asphalt the remainder of the concrete as called for by the contract drawings shall be put in place. In dry open soil the felt in the floor concrete may be omitted, the base course of concrete being covered with one good layer of asphalt. In rock excavation, where the same is dry and, above "water level, both the felt and the asphalt in the floor may be omitted. When the I-beam columns of the side walls are set and secured permanently in place, the concrete composing the sidewalks shall be ran - >med in place in such manner that the back or outer face is flush with the outer flanges of the columns. On such outer face 54 Chap. II. Agrcc't for Const' n: Specifications hot asphalt shall be brushed and felt spread in alternate layers, in the manner as described for the foundations, and the backing of concrete then added as shown by the plans. Instead of construct- ing the side walls with the waterproofing as described above, the contractor may build in dry, open soils, if permitted by the En- In dry soils, gineer, and if no additional width of excavation is required for sewers or other purposes, a four (4) inch brick wall supported at the back by the trench sheathing, laid in cement mortar or hot asphalt, and at a distance of at least two (2) inches in the clear from the line of the exterior faces of the side-wall beams, and to attach to it the layers of waterproofing material as described above, and then to ram around the beams and against the waterproofing surface the concrete composing the side walls. Under similar conditions in dry rock excavation, the rock may be excavated so that no projecting point comes within three (3) inches of the line of the exterior face of the side-wall beams ; and then the rough surface shall be made smooth with a plaster of concrete, and on such smooth surface the waterproofing material shall be spread, and then the concrete of the side walls rammed against the same in the manner as described above. The roof of the structure shall be treated in a similar manner Roof construction. by finishing the jackarches to such a height as directed by the En- gineer, spreading the asphalt and felt in alternate layers and then adding a cover of concrete, completing the roof as called for by the Contract Drawings. By the arrangement above described there will be a continuous Continuous > water- sheet of asphalt and felt imbedded within the concrete of the hot- proof envel P e - torn, top and both sides, and completely enveloping the structure. The asphalt used shall be the best grade of Bermudez, Alcatraz Asphalt, quality or lake asphalt, of equal quality, and shall comply with the follow- of - ing requirements: The asphalt shall be a natural asphalt or a mixture of natural asphalts, containing in its refined state not less than ninety-five per cent. (95%) of natural bitumen soluble in rectified carbon bisulphide or in chloroform. The remaining in- gredients shall be such as not to exert an injurious effect on the work. Not less than two-thirds (2-3) of the total bitumen shall Chemical com- be soluble in petroleum naphtha of 70 Baume or in Acetone. The P sitlon - asphalt shall not lose more than four (4) per cent, of its weight when maintained for ten (10) hours at a temperature of 300 de- grees Fahrenheit. 55 Chap. II. Agree 't for Const' n: Specifications Coal tar pro- hibited. Felt, quality of. Surfaces to be smooth. Artificial drying. No cracks or blow holes. Felt to be care- fully laid. Skilled men. Top surface of asphalt not to be broken. Number of layers of felt. The use of coal tar, so-called artificial asphalts, or other products susceptible to injury from the action of water, will not be permit- ted on any portion of the work, or in any mixtures to be used. The felt used in waterproofing such part of the structure as is below ground "water level shall be composed of asbestos or other equally non-perishable material dipped in asphalt and weighing not less than ten (10) pounds to the square of one hundred (loo) feet. The felt used in other parts of the structure shall be the same as the above, or of the best quality of coal tar felt weighing not less than fifteen (15) pounds to the square of one hundred (100) feet, except that if the latter be used, one layer more will be required than of the former. All felt shall be subject to the ap- proval of the Engineer. The surfaces to be waterproofed shall be smooth without pro- jecting stones, or made smooth where necessary by a coating of mortar made of one portion Natural cement to one portion sand, and should be dry before the asphalt is applied. Means for artificially drying the surface of concrete may be taken by the Contractor by blowing warm air over it, or as other- wise permitted by the Engineer, but not until the concrete has had at least forty-eight (48) hours to set. Each layer of asphalt fluxed as directed by the Engineer must completely and entirely cover the surface on which it is spread without cracks or blowholes. The felt must be rolled out into the asphalt while the latter is still hot, and pressed" against it so as to insure its being completely stuck to the asphalt over its entire surface, great care being taken that all joints in the felt are well broken, and that the ends of the rolls of the bottom layer are carried up on the inside of the layers on the sides, and those of the roof down on the outside of the layers on the sides so as to secure a full lap of at least three (3) feet. Especial care must be taken with this detail. None but competent men, especially skilled in work of this kind, shall be employed to lay asphalt and felt. When the finishing layer of concrete is laid over or next to the waterproofing material, care must be taken not to break, tear or injure in any way the outer surface of the asphalt. The number of layers of felt on the sides and under the floor shall in no case be less than two (2) in ground that is quite dry, and where there is a water pressure against the masonry equal Chap. II. Agree t for Const'n: Specifications to twelve (12) feet not less than six (6) layers. Where the water pressure is less than twelve (12) feet, or where the ground is damp, such number of layers between three (3) and six (6) shall be used as the Engineer may direct. The number of layers of felt on the roof shall be not less than three (3) of asphalted asbestos or four (4) of tarred felt. At any point where the Contract Drawings and the Engineer Bricks permit, the Contractor may lay, instead of the asphalt and felt d 'PP ed m asphalt, above described, one or more courses of bricks dipped in hot as- phalt of the above described quality, and laid while the coating of asphalt is still hot. In foundations the Contractor may lay, if it prefer, instead of Asphaltic con- the ordinary concrete with the layer of waterproofing material, as c above described, a bed of asphaltic concrete, composed of broken stone of the qualities previously described for concrete, heated in a suitable heater to such proper temperature as the Engineer may direct, and when so heated have added thereto the melted asphalt of the quality as described above, and in such proportion as to in- sure a covering of each particle of stone with asphalt, and the whole mass shall then be thoroughly mixed and incorporated in a suitable mixer. Such asphaltic concrete shall be spread in place Rolled and and thoroughly rolled and compressed so that it will present a com P ressed - smooth, even surface, that will be impervious to water. No asphalt shall be heated to exceed a temperature of 325 degrees Fahrenheit. In masonry lined structures where there is no steel work and Waterproof] nor, the ground is dry the regular waterproofing may be omitted, but when omitted - in that case in arched cut and cover work the extrados of the arch shall be coated with hot asphalt of the quality described or the best grade of refined Trinidad. Any masonry that is found to leak at any time prior to the com- Leaky masonry pletion of this work shall be cut out and the leak stopped, if so to be rebuilt - ordered by the Engineer. 13. DRAINS AND PUMPS. Every part of the railway, the stations and their appurtenances Railway to be connected therewith, must be so arranged that any water finding self - dramm - access thereto will be led away automatically to the City sewers. Where the underground portion of the railroad is on an in- \y here fl oor may clined gradient, and is constructed in dry, porous soil, the floor of act as conduit. 57 Chap. II. Agree' t for Const'n: Specifications Sub drains. Rock excavation, drains in. Traps. Sump. Automatic pump. Medium and rivet steel. the railway may be depended on to act as a conduit. At the bot- tom of the inclined gradient connections must be made with a sewer or with subdrains lying beneath the railway and draining into the sewers. Along such parts of the work where the soil is not porous, or where the floor of the railway cannot, in the judgment of the En- gineer, be used as a conduit, there shall be laid beneath the rail level and on a continuous descending gradient, drain pipes of vitrified salt-glazed stoneware, of the quality described in these specifications for sewer pipe. Such drain pipe shall be of such diameter not exceeding twelve (12) inches, as the Engineer may direct, and there shall be one such drain for each two tracks. Each drain shall be laid in the concrete or directly in the soil with tight or open joints, in such manner and in such position as in the opinion of the Engineer, local circumstances require. Where the railroad is constructed in rock excavation or in tun- nel, drains formed of broken stone or tile and of sufficient capacity, shall be set at every seam or fissure bearing- water, and elsewhere as directed by the Engineer. These drains shall be built outside of the sidewalls of the railway, shall be connected with the main drains, and all so arranged as to lead away into sewers any water that may find its way through the rock. Where drain pipes connect with the city sewers, the junction shall be protected by traps to prevent back rush of water or gas from the sewers. Connections with the railway shall be as neces- sity demands and all as directed by the Engineer. Whenever the grade of the railway passes below the bottom of adjacent sewers there shall be constructed a sump connected with the subdrains or the floor of the railway. Such sump must be water tight with a capacity of not less than eight hundred (800) gallons. At every sump there must be an electric or other im- proved pump with a capacity of four hundred (400) gallons per minute against a head of fifteen (15) feet. Such pump must be arranged to work automatically. The delivery of such pumps shall be into the city sewers or elsewhere, as directed by the En- gineer. 14. STEEL AND IRON. The steel used in this work shall be of two grades, medium steel and rivet steel. All steel shall be made by the open-hearth process, Chap. II. Agreet for Const' n: Specifications and may be either acid or basic, with the following maximum limits Open hearth. of phosphorus : ACID. BASIC. Medium steel 06% -04% .04% Phosphorous limits. Rivet steel 06% The finished work shall be perfect in all parts and free from ir- No irregularities, regularities, surface imperfections of all kinds, and piping. No deficiency in the cross-section or weight of sections, as called for by the plans, exceeding two and one-half (2^2) per cent., will be permitted. The original melt number must be painted or stamped on all Melt number. ingots, blooms, billets, and slabs, in order to identify the material throughout the various processes of manufacture, and the original melt number, together with the furnace heat number, in case of eyebar flats, must be stamped on each piece of finished material, except in the case of rivet steel and small pieces not forming part of the calculated sections and members, which may be shipped in bundles wired together, with the melt number on a metal tag at- tached. Two sample bars not more than two (2) inches wide, having a Sample bars, sectional area of not less than one-half (/^) square inch, shall be cut from the finished product of every melt. When taken from metal more than two inches thick, they may be turned round bars. Tests shall be made on these sample bars in their natural state, without annealing. Measurements to determine elongation shall be made on an original length of eight (8) inches. When a melt is rolled into several classes of shapes, the material of each class shall be separately tested, in which event one sample bar for each class will suffice. The test pieces when tested in a lever machine shall on an average for each melt, fulfill the following require- ments : Reduc- Requirements. Ultimate Elastic Elonga- tion o strength, limit, tion, area, Ibs. Ibs. % % Medium steel, 58,000 to 66,000 33,000 20 44 Rivet steel, 50,000 to 58,000 28,000 27 54 The entire fracture shall be silky. A piece of each sample bar, whose thickness is at least five-six- teenths (5-16) of an inch, after being heated to a cherry red, and 59 Chap. II. Agree' t for Const' n: Specifications Bending tests. cooled in water at a temperature of seventy (70) degrees Fahren- heit, shall be bent cold one hundred and eighty (180) degrees and closed up against itself. In no case shall any crack appear until the diameter of the circle around which the bar is bent becomes less than the thickness of the bar. In the case of rivet steel, the sample bar shall close up against itself without showing any crack or flaw. Punching tests. Punched holes pitched two (2) inches from a sheared or rolled edge in a piece at least three-eighths (/6) inch thick, must stand drifting until their diameters are fifty (50) per cent, greater than those of the original holes, without signs of cracking in the plate. Duplicate tests. Duplicate tests may be made when the test pieces pass five (5) of the above-mentioned requirements, and the chemical analysis. If the second tests pass all requirements the melting will be ac- cepted. Cast iron. All castings shall be made of tough gray iron which shall ex- hibit a uniform and closely grained fracture free from any white, mottled or vitreous appearance. It shall be soft enough to be readily cut, drilled and chipped, and when struck on a corner or edge with a hammer, the metal shall indent and not break off. Tests. The metal must exhibit a tensile strength between eighteen thou- sand (18,000) and twenty-four thousand (24,000) pounds per square inch when measured on a test specimen, from which the external coating or skin has been entirely removed by turning, planing or milling. When tested in the rough state with the ''skin" retained, sample bars or castings having a uniform width and depth of one (i) inch and a length of forty (40) inches shall, when placed horizontally upon two sharp edged supports thirty- six (36) inches apart, sustain at their middle point a gradually ap- plied load of seven hundred and fifty (750) pounds, with a de- flection at the centre of four-tenths (0.4) to six-tenths (0.6) of an inch. Test bars. The Contractor shall make, prepare and provide at least two (2) of the said cross breaking test bars and the same number of said tensile test bars from each charge or running of the metal actually used in the manufacture of any castings for said work. Two of the test bars of each set shall be poured at the beginning and two at the end of each charge or running. The tension bars shall be of such size and form as may be required by the Engineer or his representative. All such specimens are to be true samples 60 Cast steel, annealed. L '//4) inches in their largest di- mensions, thoroughly screened, and either coal-tar residuum, commonly known as No. 4 paving composition, or the same bitumen used in the body of the pavement. The stone must be heated by passing through revolving heaters, and thoroughly mixed by machinery with the paving composition in the proportion of one (i) gallon of paving composition to one (i) cubic foot of stone. This binder must be hauled to the work and spread with hot iron rakes in all holes or inequalities and depressions below the true grade of the pavements, to such thickness that after being thoroughly compacted by tampering and hand- Chap. II. Agree' 't for Const 'n: Specifications rolling- the surface shall have a uniform grade and cross-sec- tion, and the thickness of the binder at any point shall be not less than three-quarters (24) of an inch. No binder shall be laid during a rain, nor shall any binder be laid that is too cold to be manipulated easily; over-heated binder shall be re- moved entirely from the work. The upper surface shall be exactly parallel with the surface of the pavement to be laid. Upon this foundation must be laid the wearing surface, or Wearing surface. paving proper, the basis of which, or paving cement, must be pure asphaltum, unmixed with any of the products of coal tar. The wearing surface will be composed of: 1. Refined asphaltum. 2. Heavy petroleum oil. 3. Fine sand, containing not more than one (i) per centum of hydro-silicate of alumina. 4. Fine powder of carbonate of lime, granite or quartz. 5. The heavy petroleum oil must be freed from all impuri- ties and brought to a specific gravity of from 18 to 22 degrees Baume, and a fire test of 250 degrees Fahrenheit, or, if the formula of Contractor requires it, the powdered carbonate of lime may be omitted, and the heavy petroleum oil may be re- placed by sufficiently fluid natural bitumen. The asphaltum used must be equal in quality to that mined Asphaltum. from the Pitch Lake on the Island of Trinidad, or from the Alcatraz mine, Santa Barbara County, California, specially re- fined and brought to a uniform standard of purity and gravity, of a quality to be approved by the Commissioner of High- ways. From these two hydro-carbons shall be manufactured an Asphaltic cement. asphaltic cement which shall have a fire test of 250 degrees Fahrenheit, and, at a temperature of 60 degrees Fahrenheit, shall have a specific gravity of 1.19, said cement to be com- posed of one hundred (100) parts of pure asphalt, and from fifteen (15) to twenty (20) parts of heavy petroleum oil. 93 Chap. II. Agree't for Const'n: Specifications Pavement mix- ture. How mixed. Laying of pave- ment mixture. Powdered stone. Sand. Gutters. The asphaltic cement being made in the mariner above de- scribed, the pavement mixture must be formed of the follow- ing materials, and in the proportion stated : Asphaltic cement From 12 to 15 Sand . .From 83 to 70 Pulverized carbonate of lime, granite or quartz , From 5 to 1 5 The sand and asphaltic cement are to be heated separately to about 300 degrees Fahrenheit. The pulverized carbonate of lime, granite or quartz, while cold, shall be mixed with the hot sand in the required proportions, and then mixed with the asphaltic cement at the required temperature, and in the proper proportions, in a suitable apparatus, which will effect a perfect mixture. The pavement mixture prepared in the manner thus indi- cated must be brought to the ground in carts, at a temperature of about 250 degrees Fahrenheit, and if the temperature of the air is less than 50 degrees, iron carts, with heating ap- paratus, shall be used in order to maintain the proper tem- perature of the mixture ; it shall then be carefully spread by means of hot iron rakes, in such manner as to give a uniform and regular grade. The surface shall then be compressed by hand-rollers, after which a small amount of hydraulic cement shall be swept over it, and it shall then be thoroughly com- pressed by a steam roller weighing not less than two hundred and fifty (250) pounds to the inch run, the rolling to be con- tinued for not less than five (5) hours for every one thousand (1,000) square yards of surface. After having received its ultimate compression the pavement must have a thickness of not less than two (2) inches. The powdered carbonate of lime, granite or quartz shall be of such a degree of fineness that five (5) to fifteen (15) per centum by weight of the entire mixture for the pavement shall be an impalpable powder of limestone, and the whole of it shall pass a No. 26 screen. The sand shall be of such size that none of it shall pass a No. 80 screen, and the whole of it shall pass a No. 10 screen. The gutters for a width of twelve (12) inches next the curb must be coated with hot, pure asphalt, and smoothed with hot smoothing irons in order to saturate the pavement to 94 Chap. II. Agree t for Const' n: Specifications a depth to be directed by the Engineer with an excess of asphalt. If rock asphalt be used, the material shall be an amorphous Rock Asphalt, limestone naturally, thoroughly and uniformly impregnated with bitumen: (i) From the Sicilian mines at Ragusa and Verwohle, equal in quality and composition to that mined by the United Limmer and Verwohle Rock Asphalt Company, Limited. (2) From the Swiss mines at Val de Travers, equal in quality and composition to that mined by The Neuchatel Asphalte Company, Limited. Or (3) from the French mines at Seyssel, Mons, and Sicilian mines at Ragusa, equal in qual- ity and composition to that mined by the Compagnie Generale des Asphaltes de France, Limited, and it shall be prepared and laid as follows : The rock shall be finely crushed and pulverized ; the powder Preparation, shall then be passed through a fine sieve. Nothing whatever shall be added to or taken from the powder obtained by grind- ing the bituminous rock. The powder shall contain nine (9) to twelve (12) per cent, natural bitumen, eighty-eight (88) to ninety-one (91) per cent, pure carbonate of lime, and must be free from quartz, sulphates, iron pyrites or aluminum. This powder shall be heated in a suitable apparatus to 200 to 250 degrees Fahrenheit, and must be brought to the ground at such temperature, in carts made for the purpose, and then carefully spread on the binder foundation previously prepared to such depth that, after having received its ultimate com- pression, it will have a thickness of not less than two (2) inches. The surface shall be rendered perfectly even by rammers and smoothers, and shall be rolled with a steam roller weigh- ing not less than two hundred and fifty (250) pounds to the inch run, the rolling to continue for not less than five (5) hours for each one thousand (1,000) square yards of surface in the case of Trinidad asphalt ; in the case of rock asphalt pavement the ultimate compression may be by heated pilons. But rock asphalt shall not be used in any case without written permission from the Commissioner of Highways. On each side of the rails of the car tracks, around all man- holes and stop-cock boxes, the Contractor, when required, shall lay a line of granite or syenite paving blocks, as headers, Powder to be heated. Surface to be rolled. Special permis- sion to lay rock asphalt. Space next to rails, manholes, etc. 95 Chap. II. Agrec't for Const' n: Specifications Space within car tracks. GRANITE pavement on concrete. Concrete thick- ness. Concrete pro- portions'. Horse cars to be passed by hand. Preparation of foundation. long and short stones alternating and toothing into the pave- ment, laid on a foundation of six (6) inches of concrete, which must extend to the depth of the crossties and beneath and around the girders and stringers, on which shall be laid a bed of fresh cement mortar, two (2) inches in thickness; and on the mortar so laid shall be laid the stone blocks, the top surface of which shall conform to the grade of the pavement. The joints of the blocks shall be filled with paving cement, as hereinafter described. Whenever the space within car-tracks has been laid with granite or syenite blocks, the said space shall be repaved with said blocks or said asphalt according to the determination of the Commissioner of Highways. If granite or syenite pavement on a concrete foundation is to be relaid, the filling on top of the trench is to be formed, and rolled or thoroughly tamped, as prescribed for asphalt pavement, except that the surface is to be truly shaped to a grade sixteen (16) inches below that of the street grade, ex- cept under and eighteen (18) inches on each side of the track girders, where the finished surface shall be six (6) inches be- low the girders. Upon the foundation thus prepared, there shall be laid a bed of concrete to a depth of six (6) inches. Where vaults, railroad ties, sewer connections, cable railroad, electric or pneumatic conduits or other subsurface structures are en- countered, the depth of the concrete shall be increased, dimin- ished or omitted, as may be deemed necessary by the Engineer. The concrete shall be composed of the same quality and proportion of materials, and mixed and laid in the same man- ner, as described for asphalt paving. In all cases where horse-car tracks exist and a concrete foundation is to be laid between the rails of the same, the Contractor shall keep men to pass the cars over the same, so that no horses shall travel on the concrete until three (3) hours after it has been laid, and the Contractor shall then cover the concrete with sand and planks until the pavement is laid. Horses must be kept off stone pavement until the joints are filled with tar. The surface of the concrete is to be kept wet until cov- ered with sand, and at least thirty-six (36) hours shall be al- 96 Chap. II. Agree t for Const'n: Specifications lowed for the concrete to set before the pavement is laid. When connection is to be made with any layer set or partially set, the edge of such layer must be broken down, be free from dust and properly wet, so as to make the joints fresh and close. On this concrete foundation shall be laid a bed of clean, sharp sand, perfectly free from moisture (made so by artificial heat, if deemed necessary) not less than one and one-half (i l />) inches thick, to the depth necessary to bring the pavement and crosswalks to the proper grade when thoroughly rammed. Upon this bed of sand the stone blocks and crosswalks must Stones, how be laid. The stone blocks are to be laid in courses at right angles with the line of the street, except in special cases, when they shall be laid at such angle with such crown and at such grade as the Engineer may direct. Each course of blocks shall be of uniform width and depth, and so laid that all joints shall be close joints and all longitudinal joints shall be broken by a lap of at least three (3) inches. When the temperature at 7 o'clock A. M. is below 40 de- when temperature grees Fahrenheit, the pavement must be rammed and made 1S below 40 de- ready for pouring the paving cement within thirty (30) feet of the row of blocks last laid, and all joints shall be filled with paving cement within fifty (50) feet of the face of the paving; the intention of this requirement being to have the joints filled before the gravel gets either wet or cold'. As the blocks are laid they shall be covered immediately Gravel for joints, with clean, hard, hot, dry gravel, of proper size, as directed by the Engineer, artificially dried, which shall be raked into the joints until all the joints become filled therewith. This gravel shall be free from sand ; it shall be such as has passed through a horizontal sieve of three-quarters (24) inch mesh, and retained by one of a one-half ( l / 2 ) inch mesh. The blocks shall then be thoroughly rammed, and the ramming be rammed - repeated until the blocks are brought to an unyielding bear- ing with uniform surface, true to the roadway on the es- tablished grade, and the courses adjusted to the proper line, and no gravel shall be added after ramming until the joints are poured with cement. Before the pouring of the paving cement as hereinafter provided for, the joints and gravel fill- ing must be made dry and free from dirt, fine gravel, sand or any matter that would obstruct or hinder the complete 97 Blocks to be Paving cement. Paving cement composition. Chap. II. Agree' t for Const' n: Specifications filling of all voids and spaces within the joints to the full depth of the joint. The paving cement as hereinafter described shall then be poured into the joints at a temperature not less than 300 de- grees Fahrenheit, and while the gravel is still hot and dry, until the joints and all interstices of gravel filling are full and will take no more and are filled flush with the top of the blocks. Dry, hot gravel of proper size, heated in pans espe- cially provided by the Contractor for that purpose, must then be poured along the joints filled with paving cement, as above described, and consolidated by tampering with a light rammer or otherwise. The paving cement to be used in filling the joints between the paving blocks and between the crosswalk stones as herein provided shall be composed of twenty (20) parts of refined Trinidad asphalt of a quality to be approved by the Engineer, and three (3) parts of residuum oil mixed with one hundred (100) parts of coal tar which shall be obtained from the direct distillation of coal tar, and shall be the residuum therefrom, and shall be such as is ordinarily numbered 4 at the manu- factory (the proportions to be determined by weight). It shall be delivered on the work in lots at least one (i) week before being used, in order that the necessary analysis and examination may be made by the Engineer. In addition to this the Contractor must furnish the Engineer with the cer- tificate of the manufacturer or refiner that the materials are of the kind specified. The coal tar, oil and asphalt must be mixed and heated in the proportions named, on the work as needed for immediate use, to a temperature of 300 degrees Fahrenheit, which temperature shall b^ indicated by a ther- mometer attached and fixed to the boiler or heating kettle. Stone If stone pavement is to be relaid without concrete founda- pavement without tion th trenc h i s to be backfilled, dressed off and compactly concrete. rolled or tamped as previously described for asphalt pavement, except that the surface is to be truly shaped to a grade ten (10) inches below the top of the proposed pavement when rammed, unless stones are to be used of a different depth than the standard stones of not less than seven (7) nor more than eight (8) inches, in which case the distance from the grade 98 Chap. II. Agree V for Const' n: Specifications of the proposed pavement to the grade of the filling as rolled, is to be increased or decreased accordingly. The stone blocks are to be laid in courses at right angles Stones, how laid. with the line of the street, except in special cases when they shall be laid at such angle as directed, with such crown and at such grade as the Engineer may direct; each course of blocks shall be of uniform width and depth, and so laid that all longitudinal joints or end joints shall be close joints and shall be broken by a lap of at least three (3) inches, and that joints between courses shall be as close as possible. As the blocks are laid they shall be covered with sharp, coarse sand to a depth that will completely fill all joints which shall be raked until all the joints become filled therewith ; the blocks shall then be thoroughly rammed to a firm, unyielding bed. with a uniform surface to conform to the grade and crown of the street. No ramming shall be done within twenty-five (25) feet of the face of the work that is being laid, and in doing all ramming the Contractor shall employ one (i) ram- mer to every two (2) pavers. Whenever the pavement for not less than two hundred (200) feet, and not exceeding two hundred and sixty (260) feet, shall have been constructed as above described, it shall be covered with a good and sufficient second coat of clean, sharp sand; and shall immediately there- after be thoroughly rammed until the work is made solid and secure ; and so on until the whole of the work embraced in this agreement shall have been well and faithfully completed, in accordance with these specifications. Where macadam pavement is to be relaid the trench is to Macadam be backfilled, dressed off and compactly rolled or tamped as pavement, previously described for asphalt pavement, except that the sur- Bed, preparation face is to be truly shaped to a grade eighteen (18) inches of - below the grade of the proposed pavement. On taking up old macadam pavement, only so much of the Old material, component material shall be used in relaying as the Engineer may permit. Such material shall be neatly piled as and where directed and the old material condemned as unfit for use shall be at once removed and disposed of in the manner as specified for excavated material. New material for macadam paving New material, shall be of the quality and description as hereinafter described. 99 Chap. II. A greet for Const'n: Specifications Quality and dimensions of the stone founda- tions. Quality and di- mensions of the Macadam 1 Stone. Quality and di- mensions of the binding material. The stone for the foundation of the pavement is to be sound, hard and durable quarry stone, not too brittle or friable, free from sap, seams and imperfections, and of even quality, each from ten (10) to twelve (12) inches in depth, from three (3) to six (6) inches in width, and from six (6) to sixteen (16) inches in length, and of a sufficiently uniform size to be ac- ceptable, with sufficiently parallel and even faces on sides, ends, top and bottom, and to properly join and wedge, except the stones under the trap or granite block pavement, or bridge stones, which only differ from those above described in that they must be not less than six (6) nor more than eight (8) inches in depth, and except the course of stone under the ma- cadam, which is next to the stone blocks, which stone is to be twelve (12) inches in depth, not less than twelve (12) nor more than twenty-four (24) inches in length, and not less than six (6) nor more than nine (9) inches in thickness, but in every other respect similar to the foundation stone first above described. The bottom course is to be composed of broken trap or Clinton Point stones, all of the same kind and hard, durable and not too brittle. The stones are to be of uniform quality, free from sap, seams and imperfections, and free from screen- ings, dirt and other foreign matter. No stone in its greatest diameter shall be more than two and a half (2^2) inches, and in its smallest diameter less than one and one-half (i^) inches, and the stones between these dimensions shall average sufficiently large to be acceptable. The broken stone com- posing the next overlying course is to be hard, durable, and not too brittle trap-rock or Clinton Point stone ; no stone shall measure more than two (2) inches nor less, than one and a half (ij^) inches in any diameter. The stones between these dimensions shall be distributed evenly throughout the mass, and shall be of a shape as nearly cubical as can be secured by any mechanical process acceptable to the Engineer. The binding course is to be composed of trap-rock or Clinton Point screenings. They shall be of uniform quality, free from dirt and other foreign matter, no stone to be of larger size in any direction than one-half ( l />} inch, and all particles to be of such relative size to one-half (^) inch as shall be acceptable to the Engineer; it may contain not more than twenty (20) per cent, of the flour. 100 Chap. II. Agree 't for Const'n: Specifications A sample of the macadam stone, showing the quality and the run of the size of the stone to be used in the work, shall be fur- nished at the office of the Board and approved by the Engineer before any is placed upon the street or avenue. After the roadbed is properly prepared, to the satisfaction of the Laying the Engineer, and the stone for foundation hauled and deposited thereon, they shall be laid by hand in the form of a close, firm pavement, so as to break joints by at least one (i) inch and with the various sizes properly distributed. They shall be set on their broadest edges, without underpinning, perpendicular to the line of grade, lengthwise and at right angles across the road, except in the case of the stone under the macadam, which is next to stone blocks or bridge stones, and stones where the roadway beyond is not macadamized, which foundation stone are to be placed with their longest side parallel to the curb or bridge stones ; after being set closely together, they are to be firmly wedged by inserting and driving down with a bar, in all possible places between them, stones of the same quality, as near as practicable, of the same depth, until all the stones are bound and clamped in proper posi- tion ; all the projections and irregularities of the upper part of the pavement shall be broken off with a hammer, care being taken not to loosen the pavement, and the spalls and chips are to be worked and driven with the hammer into all the interstices not already filled by the process of wedging, so that the pavement, when completed, shall present a sufficiently even, but not too smooth surface, and be ten ( 10) inches thick under the macadam, except the line of stone nearest the stone blocks, which shall be twelve (12) inches, and eight (8) inches under the stone blocks or new lines of bridge stone. No wedging shall be done within twenty-five (25) feet of the face of the work that is being laid and the stone foundations must be in a compact and satisfactory condition in every respect at the time of the spreading of the broken stone. The road bed must be prepared for laying the tel- ford at least fifty (50) feet ahead of the work. The interstices of the telford over which stone blocks or bridge stones are to be placed must be thoroughly and completely filled with clean, sharp, coarse sand. After the stone foundation has been completed agreeably to Macadamizing, these specifications and has passed the inspection of the Engineer, a layer of broken stone of the quality and size herein specified for 101 Chap. II. Agree 't for , Const' n: Specifications the bottom course, and of such a depth as will, when rolled, have a surface four (4) inches below the surface of the broken stone when completed, irrespective of the finishing course, shall be spread evenly over the foundation pavement, except where the stone blocks and bridge stones are to be laid ; this layer is then to be rolled until sufficiently compact with or without the sprink- ling of water, and in so doing as much dry screening of trap-rock as can be introduced without separate stone, is to be rolled into the stone so as to fill the interstices, and stone is to be added or re- moved so as to make the surface practically of the proper height. The next overlying course will be of the stone hereinbefore de- scribed for said course, and is to be spread at such depth that the surface, when rolled, will be at the proper grade irrespective of the finishing course; this layer is then to be rolled, and during the process of rolling, similar stone is to be added or removed from time to time, so that when the rolling ceases, the roadway is truly surfaced to the required grade and crown. During the process of rolling the upper course of stone, screen- ings shall be introduced dry or with the assistance of water ap- plied in such manner and quantity as shall be required, so that all interstices shall be entirely and completely filled with screenings, and as these screenings disappear in the interstices of the stone with the rolling, fresh screenings are to be added until all inter- stices are filled and the surface of the pavement smooth and con- solidated and on the proper crown and grade. After the upper layer has become thoroughly compact, there shall be spread upon the surface so much screenings as will produce a covering of one (i) inch in dep"th when rolled. The rolling is to be continued until the surface is puddled and water flushes on it, and the screenings shall be worked in and through to such extent as is necessary for puddling, after water flushes on the surface screen- ings to the depth of one-half (^2) inch shall be spread over the road, which shall then be open to traffic. The surface of any course shall be scratched, if required, so as to obtain a proper bond with that next overlying. Each of the different courses must be completed for the distance of not less than fifty (50) feet before any of the materials of the next succeeding course are laid. Rolling The rolling of the macadam stone and screenings shall be done with a roller weighing not 'less than four thousand (4,000) pounds to the foot of width. 102 Chap. II. Agree't for Const'n: Specifications Each layer of broken stone and the screening's shall be well and thoroughly rolled, and the rolling upon each layer shall be prose- cuted, until, in the opinion of the Engineer, each course shall have been completed as hereinbefore specified, and until each layer and the finished surface shall be rolled and finished to his entire satis- faction and approval. During the rolling of the lower course of stone only so much water shall be sprinkled thereon as is necessary to prevent wear- ing by attrition ; but in rolling- the upper course of stone and the screenings, water is to be applied in such quantities and in ,such manner as to completely and compactly fill all interstices with screenings, and soaked so as to secure a set and to produce the flushing hereinbefore referred to ; and the screenings shall be worked in and through to further secure this result, and shall be applied to such extent as is necessary for puddling. The sprink- ling of the puddled course shall be done from a cask or other receptacle, mounted on a two-wheeled cart, and in compacting and puddling this course the cart shall be kept immediately in front of the wheels of the roller. After all the interstices of the stone are filled with screening, forty-eight (48) hours may elapse before the final puddling, if, in the opinion of the Engineer, better results would be obtained thereby. The rolling shall be prosecuted in such sections as shall be directed, for the entire width of the wheelway, and a length of fifty (50) feet at the end of each course shall, when practicable, remain, as the work progresses, uncovered by the next overlying course, and, when practicable, no rolling will be allowed within twenty-five (25) feet of the end of any course. No, rolling directly on the telford will be allowed without special permission. The pavement, when completed, shall be, when practicable, at Depth of each point of such construction, at least of such a depth as re- pavement. quired by the specifications, that is, eighteen ( 18) inches exclusive of the finishing course, and of such crown and such form of gutter as shall be directed, and in any case the thickness of the pavement is to be determined on a line at right angles to the grade and crown. The use of a proper roller, rammers, or other suitable imple- ment, is to be substituted for that of the steam-roller when neces- sary. 103 Chap. II. Agree' t for Const' n: Specifications Unpaved streets. Cross walks. Pavements ad- joining the exca- vation. Broken stones to be replaced. Specifications do not prohibit lay- ing better pave- ments under special agree- ments. The construction of the telforcl foundation and the macadam pavement shall proceed so as to be equally advanced across the entire width of the space to be paved. Particular care and attention will be required in obtaining a satisfactory joining of the macadam paving and the blocks in the gutters, and at the bridge stones. On unpaved streets, the filling over the work shall be brought to a height not greater than the established grade of the street, and the street surface restored to a condition safe and suitable for public travel. Wherever cross-walks are required across or adjoining pave- ment that is to be relaid, the present bridge stones are to be relaid, provided they are not broken in taking up and are in a condition to use, as approved by the Engineer. They shall be redressed so as to be laid with joints at the ends not exceeding one-quarter (34) of an inch in width from the top to the bottom. Bridge stones are to be firmly imbedded on a foundation of clean, sharp sand and set and tamped in such a manner that they shall admit of no further settlement. They must be true to line and grade and so laid in courses that the transverse joints will be broken by a lap of at least one (i) foot. Paving, flag, bridge, curb and gutter stones adjoining the ex- cavation shall, where deemed necessary ^o secure a true street grade, be taken up and relaid by the Contractor at the time of re- paving. Whenever any sidewalks or curbstones are displaced, taken up or removed, they shall be relaid by the Contractor in a manner similar to and in a condition at least as good as existed previous to such displacement or removal, and as soon as possible after the completion of the work. Whenever any paving, curb, gutter or flag-stones are lost or broken, they shall be replaced by stones of similar size and quality. Nothing contained in these specifications shall be understood or construed as prohibiting the Contractor from making any arrange- ment with the Commissioner of Highways, or such other officer of the City of New York who may be in charge of street paving, to lay a better or other form of street pavement ; or to make an arrangement with any property owner to lay another style of side- walk in front of such premises in place of the pavement or side- walk taken uo ; in which case the Contractor is to file with the In case municipal officer or property owners cannot agree with contractor. Chap. II. Agree't for Const' n: Specifications Board a copy of its contract with such municipal officer or with such property owner, duly acknowledged in writing by both parties. In case the municipal officer in charge of street paving, or any property owner, desires to lay a pavement in any street, or a sidewalk along any street, affected by this contract, different from the one removed, and shall notify the Board in writing that he has failed to make satisfactory arrangements for such work with the Contractor, then the Board in its discretion may direct the Contractor to finish and dress off the filling over its work to such grade as the Engineer may select, and further direct it to remove from the street all stones of whatever nature not required to be relaid, and to permit another contractor to lay such pavement or sidewalk; in which case the liability of the Contractor under this contract shall cease as far as that part of its work is con- cerned, whenever the Engineer shall report to the Board that the instructions of the Board have been complied with, exactly the same as if the Contractor had fully completed the repaving as hereinbefore provided. The Engineer shall then report to the Board the number of square yards of pavement thus disturbed but not relaid, and the Board will deduct from the amount named in this contract as the price to be paid to the Contractor, the sum of one dollar and five cents ($1.05) for each square yard of said pavement when the same is granite, and one dollar and twenty cents ($1.20) for each square yard of said pavement when the same is macadam. In New Elm Street where the same is to be widened or re- NO paving in New graded, the Contractor will not be required to relay the pavement Elm St unless the work of widening and repaving shall have been com- pleted prior to his commencing work. It will, however, remove the old material or store the same for use by the parties owning the same, as directed by the Board, and backfill with approved filling material to a grade below that of the proposed pavement, as may be ordered by the Board, and leave its work in such condi- tion that the municipal officer in charge of street paving or the abutting property-owners, may let contracts for new pavements. 105 Chap. II. Agree' t for Const' n: Specifications Surface and sub-surface structures to be supported. Notice to be given in advance of commencing operations. Work, when done by City or com- panies owning mains. To be recon- structed without delay. 20. MAINTENACE OF STREET RAILROAD TRACKS, MAINS AND OTHER SURFACE OR SUBSURFACE STRUCTURES. The Contractor shall at all times, by suitable bridging- or other supports, maintain and support in an entirely safe condition for their usual service and to the reasonable satisfaction of the own- ers, all elevated railroad structures, street tramways of whatever character, water and gas mains, steam pipes, pneumatic tubes, electric subways, sewers, drains, and all other surface or sub- surface structures encountered during the progress of the work. The sidewalks, curbs, areas and stoops along the line of the work must also be protected from any injury; but should any injury occur to any sidewalk, curb, area or stoop, the Contractor shall fully restore the same to as good a condition as existed before the injury was done. Notice is to be given by the Contractor to all companies and the proper city officials, owning or having charge of surface or subsurface structures along any part of the work, of its intention to commence operations along such part of the route, at least one ( i ) week in advance, and the Contractor shall file with the Engi- neer at the same time a copy of said notice ; and it shall co-operate with the proper officers or officials in charge of such structures and shall furnish them with all reasonable facilities to inspect the methods of caring for their property. \Yhenever it becomes necessary to cut, move, change, or recon- rtruct any such structures, as named above, or connections there- with, such work shall be done according to the reasonable satis- faction of the owners of such pipes or other structures, and should they so desire by the owners themselves, at the expense of the Contractor; such expense not to exceed the actual cost of labor and materials used, together with a reasonable allowance for the use of plant and tools not exceeding seven and a half (7/^) per cent. All work of reconstruction or alteration if performed by the City or owners shall be done with reasonable dispatch and facili- ties are to be provided so that said work will interfere as little as possible with the practical working and use of such structures. Failing to make such alterations within a reasonable time as shall be adjudged by the Board, may be considered by the Contractor 106 Chap. II. Agree 't for Const 'n: Specifications as a waiver on part of said City or owners of the right to do said work. In the event of the companies or the City, being required to make any alteration to their structures as above provided, or in case they shall consider it necessary or desirable to make any fur- ther alterations in, or do any .work to or in connection with sur- face or sub-surface structures owned by them or it, at the time the work under this contract is in progress, the Contractor shall give said company or City all reasonable opportunity to perform such work, provided such work or alteration for the benefit solely of the owners of sub-surface structures does not cause the Contractor any serious loss or delay, as shall be determined by the Board. Right of corn- " Clty 21. STATIONS. Contract Drawings Numbers C 26. to C 34. inclusive, are plans and details of two stations, the one for local trains only and the other for local and express trains. During the progress of the work the Board will issue additional plans for the other stations to be built, which plans shall be similar in principle to those shown in the Contract Drawings above mentioned, differing, however, in dimensions and details as rendered necessary by local condi- tions, which plans shall become binding on the Contractor as if prepared and issued at the time of signing the contract. Or, if the Contractor prefer, it may prepare plans of all or any of the stations and submit the same to the Board, and if their approval be obtained to such plans, or to such plans as amended by them, then the Contractor may use such plans, or plans as amended, in lieu of the plans shown in Contract Drawings Numbers C 26. to C 34., inclusive, and the other Contract Drawings of the other sta- tions as contemplated above. Such plans, if prepared by the Con- tractor, must in order to be approved, describe stations at least as convenient, effective and attractive in their general plan, arrange- ment and details, as the stations described in these specifications and in the Contract Drawings Numbers C 26. to C 34., inclusive. Where local conditions permit, and the Board approve, the Con- tractor will be permitted to build stations with island platforms. Stations on viaducts shall be built according to plans and speci- fications furnished by the Board, or according to plans and specifi- cations furnished by the Contractor and approved by the Board. Such plans and specifications will describe stations of the most Stations ground. under- Stations on viaducts. IO7 Chap. II. Agree 't for Const 'n: Specifications convenient form according to the local conditions, and with an attractive and artistic appearance. The platforms shall be of the same length as for the stations underground, and the stairways leading to the same shall start from both sides of the street, or from both sides of the cross streets in the case of two sided sta- tions located at the intersection of streets. Platforms and stair- ways shall be as wide as the local circumstances permit, and shall be covered for their full length. All materials used in the con- struction of such stations shall be of the best class as ordinarily used for such work. Vault lights. The roof of the stations, where under the sidewalks, shall, to as great an extent as possible, consist of what are known as vault lights. These lights shall be made of cast-iron frames, with lenses not exceeding two (2) inches in diameter, of strong glass set in cement, all of design approved by the Engineer; which frames shall be of sufficient strength to carry, when supported in a man- ner similar to that in which they are to be permanently set, an equally distributed load of at least five hundred (500) pounds per square foot without signs of failure, deformation or per- manent set, when such test load is removed. The right is re- served to test at least one (i) frame in every ten ( 10) delivered, as selected by the Engineer. Should the one selected fail, another will be selected by the Engineer ; and, if that fail, then the whole lot may be rejected. These frames must be set in place with ce- ment, lead or other means to be absolutely waterproof, as tested by a hose with one-half (y 2 ) inch nozzle and hydrant pressure. Walls. In order to prevent any leaks and as far as possible condensa- tion, the Contractor must exercise great care in the construction of station walls and roofs. The walls above the platform level, when acting as retaining walls, shall be built of brick or concrete with a waterproof layer, all as described under the appropriate clauses in these specifications. The walls shall be faced with Hollow bricks. enamelled hollow bricks. If such hollow bricks cannot be ob- tained of quality satisfactory to the Engineer, then at a distance of one (i) inch from the interior face of such walls, there shall 1-c built a wall of enamelled bricks, or in place of enamelled bricks a wall not less than four (4) inches thick of hollow brick, the exterior face of which shall be covered with enamelled tiles. The interior wall may be stayed by header bricks abutting against the main wall, such header bricks occurring not oftener than one ( j) 108 Chap. II. Agree 't for Const' n: Specifications inch in each square yard. The hollow spaces in the walls shall he connected at the bottom by a pipe furnished with a stopcock and leading to the drain. The floors of stations shall be of some approved form of cement Floors, or artificial stone, and shall be so arranged as to drain to one or more points as directed, where suitable and proper provision shall be made for the removal of water used in flushing the same. In the designs of stations all corners formed by intersecting walls shall be avoided by joining these walls by curves of large radius. In order that such curved surface shall present a smooth and workmanlike finish the Contractor shall supply special bricks or tiles properly curved to the radius used ; and where the sidewalls join the floor the corners shall be rounded by specially made bricks or tiles curved to a radius of at least two (2) inches. All details of the stations must be so arranged as to facilitate cleaning, and to permit if desired a thorough washing of all parts of the stations and their approaches by means of a hose. The ceilings of stations where not made by vault lights shall be Ceilings, made as follows : The roof shall be formed in the ordinary man- ner as the roof of the railway, that is, of brick or concrete jack arches, all carefully waterproofed. The interior surface shall be made of wood, plaster on expanded metal laths, or some non-con- ducting material approved by the Board. This material, of what- ever nature, shall be of the best quality ordinarily used for such purpose, and shall be attached to the flanges of the roof beams so as to leave an air space behind the same. The ceiling on the ex- posed surface shall be suitably decorated. The stairways shall be Stairways, of iron or of sound and suitable stone, and furnished with the most approved form of treads to prevent slipping. Wherever possible there shall be two (2) stairways for each side of each station, and all stairways shall be of as great a width as the local conditions will satisfactorily permit and as the Board may approve. Where the presence of areaways or other openings permits there shall be louvre ventilators of glass of approved design placed immediately Ventilators, beneath the ceiling of stations. These louvres shall be in height not exceeding three (3) feet, shall extend in length as great a dis- tance as the local circumstances shall permit, unless otherwise ordered by the Board, and shall be so arranged as to exclude storm water. 109 Waterclosets. Chap. II. Agree' t for Const' n: Specifications The ticket booths, railings, doors and other details are to be of wood, brass and glass, and designed and constructed with skill and in a manner approved by the Board. Each side of every station, unless otherwise ordered by the Board, shall be equipped with two (2) waterclosets plainly marked for the use of women and men respectively. They shall be fin- ished with bowls of sanitary design and approved make, and sup- plied with a good flushing device. In addition to the bowl the closet for the men shall be furnished with a urinal and special flush for the same, all of approved design. The doors leading to these closets shall be equipped with good self-closing springs. Each closet shall have a ventilating pipe leading direct to the outer air, and covered by a suitable cast-iron grating to set in the sidewalk or other place, and furnished with a small automatic exhaust fan. The bowls and urinals shall be connected by means of cast-iron drain pipes to the main sewer. These drains shall be furnished with sufficient traps of approved design, set close to the fixtures, which traps shall be back-aired in an efficient and work- manlike manner, such back-air pipes terminating in the sidewalk or other approved situation, and covered by suitable galvanized- iron gratings. Both sides of every station shall have connection with the Croton water main so as to permit the attaching of hose or hoses for the flushing and washing of all parts of the station and plat- form, waiting rooms and stairways. Sewers and pipes. In certain stations it will be necessary to pass sewers or pipes, or both, beneath the station platforms, and in order to reach the same for the pimpose of inspection -and repair, cast-iron frames capable of being lifted, of such size and design as the Board may prescribe, shall be inserted in the floor, and the concrete of the floor so laid as to be exactly flush with the same. Whenever it is necessary to suspend from the ceilings of any station or stations, pipes for the conveyance of water, gas, air, electric cables or other materials, the same shall be of wrought iron or steel in lengths of at least twenty (20) feet between joints. The joints and manner of attaching and supporting such pipes shall be as permitted by the Engineer. Water mains shall be encased in asbestos or other approved non-conducting material and all exposed mains or pipes shall be suitably painted. 1 10 Water con- nections. Chap. II. Agree't for Const' n: Specifications Wherever station platforms are located at a depth or height Elevators, exceeding thirty (30) feet from the surface of the street, the Con- tractor shall, if required by the Board, establish an approved plant of elevators not exceeding- four (4) in number, each elevator being of sufficient size to carry at least twenty-five (25) persons. The Contractor shall submit to the Board a system of lighting Lighting, the stations to be approved by them before being put into opera- tion. The lights are to be located as far as possible by being sunk in recesses in the ceiling or behind mouldings, so as to be sheltered from direct observation, and to furnish light by reflec- tion. The lights must be of sufficient number and so situated as to light the stations, platforms and bridges in a thorough manner. The stations must be finished in a decorative and attractive manner, such as is consistent with and suitable to buildings of such character. The general effect is to be light, avoiding any gloomy suggestion. To produce such an appearance the color of the enamelled bricks or tiles shall be white or approaching white, except as bricks or tiles of other color are introduced for architec- tural effect. The ceilings are to be decorated in a suitable and attractive manner, and tinted a light color. Decoration. 22. TERMINALS. Terminal grounds shall be located by the Contractor subject to where located the approval of the Board, and shall be sufficient in area to permit the construction of machine repair shops, transfer and turntables and other terminal appurtenances, and storage tracks having a Extent, mileage of not less than five (5) miles and capable of storing such equipment as will be furnished under this contract, and such rea- sonable additions thereto as are likely to be made within ten ( 10) years next ensuing from the completion of the work. The surface of such ground shall be improved by excavating, filling, or other grading as ordered by the Board, in order to put the same in proper condition for use. Buildings, transfer and turntables and similar terminal appur- tenances of a permanent character shall be constructed according to the plans and specifications furnished by the Board, or accord- ing to the plans and specifications to be furnished by the Contrac- tor and approved by the Board. All buildings shall be constructed of steel, brick, or other fire- proof materials, and shall present an attractive appearance. Surface to be graded. Permanent im- provements. Fireproof buildings. Ill Chap. II. A greet for Const'n: Specifications Machinery and equipment owned by contractor. Sidetracks. Furnished by contractor. Amount required. Power. Cars. Signals. All machinery and other equipment in connection with such buildings or other terminal appurtenances are to be furnished and owned by the Contractor along with the equipment as contemplated by the Statute and called for by this contract. Sidetracks of substantial character shall be constructed on the terminal grounds. These sidetracks shall have a combined length sufficient to hold all the rolling stock furnished by the Contractor, and shall be so laid out and placed as to permit their convenient operation, and the inspection and cleaning of the cars while stored thereon. 23. EQUIPMENT. Full and sufficient equipment, including all rolling stock, motors, boilers, engines, wires, subways, conduits and mechanisms, machinery, tools, implements and devices of every nature whatso- ever, used for the generation or transmission of motive power, and including all power houses, real estate necessary therefor, or for the generation or transmission of motive power, and all appa- ratus for signalling and ventilation, are to be provided by the Contractor at its expense, as provided in the Statute. The amount of such equipment shall be at least sufficient to supply at one time trains of three (3) cars on the local lines at two (2) minute intervals, and trains of four (4) cars on the express lines at five (5) minute intervals, each car having a mini- mum seating capacity of forty-eight (48) persons. The motive power of such equipment shall be of such a charac- ter as not to require combustion in the tunnels or on the viaducts. The motors shall have sufficient power to haul on level gradients, in addition to their own weight, a train of five (5) cars, at an average speed of thirty-five (35) miles an hour, with stations one and a half (1/^2) miles apart, allowing ten (10) seconds for the duration of each stop. The cars shall be so constructed as to facilitate to the utmost a quick discharge and loading of passengers. Both motors and cars shall be designed to have a handsome and attractive appearance, both within and without, and be constructed of the best material and workmanship ; and special care must be taken to avoid all loose or rattling parts that might produce noise. Extra provision must be made for the thorough ventilation of all cars. The signalling devices shall be of the most approved and reliable character, preference being given to a system which will auto- 112 Chap. II. Agree' t for Const' n: Specifications matically bring a train to a stop in the event of the man in charge failing to obey a danger signal. The Contractor shall so construct the tunnel, cars and equip- Ventilation. rnent and provide them with such devices for ventilation that they will be supplied at all times with pure, wholesome air. In addi- tion to the openings to be constructed at stations, the Contractor shall construct at least two (2) such blowholes as shown on Con- tract Drawing No. C 10, between every two stations on the tunnel portion of the Main and West Side Lines between Sixtieth street and One hundred and fiftieth street. The Contractor may con- struct other blowholes and ventilating shafts and such other con- structions as, in the opinion of the Contractor, may be needed to give an efficient system of ventilation and as may be approved by the Board. The general plans of the equipment, including designs for cars, Equipment to be devices for signals and ventilation, must be submitted to the Board a PP rove and approved by it, both as to design and quantity, and further- more, the construction of the equipment must be similarly approved as to material and workmanship. 24. GENERAL CLAUSES. All materials and workmanship must be of the best class in every respect as ordinarily used for such work where applied, and the Engineer is to be the sole judge of their quality and efficiency. Wherever necessary the Contractor shall erect and maintain at its own expense fences for the protection of adjoining property and of the adjoining public places. At its own expense, and under the direction of the Engineer, the Contractor is to clear the work, streets and all public places occu- pied by it from all refuse and rubbish, and leave them in a neat condition. Wherever the Contractor is absent from any part of the work where it may be necessary to give instructions, orders will be given by the Engineer to and shall be received and obeyed by the super- intendent or overseer of the Contractor who may have charge of the particular work in relation to which the orders are given, and a written copy of such orders will be forwarded to the Contractor by the Engineer without delay. Materials and workmanship. Fences. Work to cleared. be Orders given in Contractor's absence. , Chap. II. Agree' t for Const' n: Specifications Lines and grades. Imperfect work. Damaged work to be replaced. Notice to be given to Engi- neer prior to commencing construction. Commencement to be postponed. Conveniences. Ordinances and regulations. The principal lines and grades are to be given by the Engineer, who may change them from time to time as may be authorized and directed by the Board. The stakes and marks given by the Engineer must be carefully preserved by the Contractor, which must give to the Engineer all necessary assistance and facilities for establishing benches and plugs for making measurements. Any inefficient or imperfect work which may be discovered before the final acceptance of the work, shall be corrected imme- diately on the requirement of the Engineer, notwithstanding that it may have been overlooked by the proper inspector. In all work of whatever kind, which during its progress and before its final acceptance, shall become damaged from any cause, so much of it as may be objectionable, shall be broken up or removed, and be replaced by good and sound work. Before commencing work on any part of the route, whether on the railway or on the sewers lying off the line of the railway, the Contractor shall give notice in writing to the Engineer at least one ( i ) week in advance of its intention to commence such opera- tions; and before commencing manufacture, or resuming manu- facture if the same has been suspended, of any article called for by these specifications, notice shall be given to the Engineer in writing at least one (i) week in advance, with the name and address of the mill and the amount and description of the material to be manufactured, in order that proper inspection may be arranged for. If so requested by the Engineer in writing, countersigned by the President of the Board, a further reasonable delay in com- mencing work or manufacture must be granted, such delay to extend the time of completing this contract as named herein. Necessary conveniences, properly secluded from public observa- tion, shall be constructed wherever needed for the use of laborers on the works, to the satisfaction of the Engineer and the sanitary authorities. In all operations connected with the work, all ordinances of the City authorities, and of the Board of Health, which shall be valid and operative with respect to work on the Rapid Transit Railroad, and the valid regulations of the officers of the United States in charge of the navigable waters in and about the Harbor of New York, and all laws of this State which are now applicable and control or limit in any way the actions of those engaged in the 114 Chap. II. Agree' t for Const'n: Specifications work or affecting the materials belonging to them, must be respected and strictly complied with. If the work or any part thereof, or any material found or Removal of brought on the ground for use in the work or selected for the Condemned ma- same, shall be condemned by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall forth- with remove such materials from the work and rebuild or remedy such work as may be directed by the Engineer. The Contractor shall employ only competent, skillful and faith- Competent men to f ul men to do the work. Whenever the Engineer shall notify the Contractor in writing that any man on the work is in his opinion incompetent, unfaithful or disorderly, such man shall be dis- charged from the work and shall not again be employed on it. 25. SECTIONAL CONSTRUCTION. The foregoing specifications and all drawings have, for conve- nience, been prepared without regard to the construction of the Railroad in sections. All of the specifications and drawings shall, so far as applicable, apply to each section which the Contractor shall be bound to construct. 26. TRADE COMBINATIONS, ETC. In the event of difficulty arising through trade combinations, or otherwise, preventing the purchase on fair terms, as determined by the Board, of any article called for by these specifications, then the Board may upon the request of the Contractor adopt such alternative requirements as it shall deem proper. Contractor pro- tected from trade combina- tions. Chapter III. The Lease Description Railroad. of Term of Lease. Contractor to surrender Posses- sion at End of Lease. Rental. CHAPTER III. THE LEASE. The City hereby lets the Railroad to the Contractor for the term hereinafter mentioned. The Railroad hereby leased includes the railway constructed under the Routes and General Plan thereof prescribed by the resolutions of the Board adopted on the I4th day of January and the 4th day of February, 1897, together with ter- minals, stations and all other appurtenances whatsoever of the said Railroad, but not including the Equipment thereof, Provided, however, that the railroad leased shall be deemed to include only Section I unless and until the City shall determine, as prescribed in Chapter I, General, to construct Section II, whereupon the rail- road leased shall be deemed to include only Sections I and II unless and until the City shall determine, as prescribed in Chapter I, General, to construct Section III, whereupon the railroad lease shall be deemed to include Sections I, II and III unless and until the City shall determine, as prescribed in Chapter I, General, to construct Section IV whereupon the railroad hereby leased shall be deemed to include all four sections. The Contractor hereby agrees to equip, maintain and operate the Railroad during the whole of the said term. The said term shall be fifty (50) years, and shall run from the date on which Section I of the Railroad shall be declared by the Board to be ready for operation, Provided, however, that, if the Railroad shall include Sections II, III and IV or any of them, the term of the Lease as to each of such sections so included shall begin on the date or dates on which it shall be declared by the Board to be ready for operation and shall end at the end of the said first men- tioned term of fifty years. The Contractor shall surrender possession of the Railroad at the end of the said term of fifty years or at the earlier termina- tion of this Lease, as herein provided. The Contractor shall pay to the City rental for the Railroad, which rental shall consist of the following : (i) An annual sum equal to the annual interest payable by the City upon all bonds which shall be issued by it in order to pro- vide means for Construction. The amount of such interest shall be ascertained as of the time when the Railroad shall be declared by the Board to be ready for operation ; but it shall be increased from time to time by the amount of the annual interest payable by 116 Chapter III. The Lease the City for all bonds which, after the date when the Railroad shall be so declared to be ready for operation, shall be issued in order to provide means for Construction. The amount or amounts payable under this subdivision shall not be subject to decrease by reason of the refunding by the City at lower rates of interest of any of the bonds issued as aforesaid. Bonds issued in order to provide means for Construction shall be deemed to include bonds issued to pay interest on bonds theretofore issued pursuant to this Contract under the provisions of section 34 of the Rapid Transit Act; but shall not be deemed to include bonds issued to pay for rights, terms, easements, privileges or property other than lands acquired in fee. (2) A further -annual sum which shall be equal to one per centum upon the whole amount of the said bonds (with the excep- tions above mentioned) except that the annual payment in excess of such interest shall, for each year during the period of five (5) years from the date at which the payment of rental shall begin, be such sum not exceeding such one (i) per centum as shall be equal to the excess of the profits of the Contractor for such year in the operation of the Railroad over five (5) per centum upon the capital of the Contractor invested in the enterprise, and except further that for each year during a second and immediately suc- ceeding period of five (5) years, there shall, in lieu of such one per centum, be paid one-half ( l / 2 ) of such 'one (i) per centum and in addition an amount not exceeding one-half (y 2 ) of such one (i) per centum which shall be equal to the excess of the profits of the Contractor for such year in the operation of the Railroad over five (5) per centum per annum upon its capital invested as aforesaid. The Rental shall begin as to each Section, with the date of the declaration of the Board that such Section is ready for operation and shall be payable at the end of each quarter on the first days of January, April, July and October. During the first ten (10) years of the said term of fifty (50) When Contractor years, the Contractor shall deliver to the Comptroller at the time each payment of Rental is due a statement in form and with tion. details to be prescribed by the Board, the same to be verified under oath by the Contractor or by the treasurer of the Contractor or, 117 Chapter III. The Lease Contractor's Assurance of Character of Railroad. in case of his absence or inability, then by its president, or other chief officer or manager, showing for the preceding quarter, 1 i ) The amount of Capital of the Contractor invested in the enterprise not including borrowed money however secured. (2) The gross receipts from the operation of the Road. (3) The operating expenses of the road including actual expenditure for repairs and maintenance and interest on bor- rowed money, but without allowance otherwise for wear or tear or deterioration. The profits shall be determined by deducting from the gross receipts the operating expenses as above denned. After the expiration of the said period of ten (10) years the Contractor shall deliver to the Comptroller at the quarterly times altove mentioned a statement verified as above provided showing its gross receipts for the preceding quarter from the operation of the Road. The Comptroller or the Board shall have the right to verify any of the said statements by an examination of the Contractor's books and the examination under oath of any of its officers or servants; and the Contractor hereby covenants . that its officers and servants shall submit to such examination and produce such books whenever and wherever they may be reasonably required by the Board or Comptroller. The Contractor by Chapter II of this contract has agreed to itself construct the Railroad so that the same shall be an intra- urban railway of the very best character according to the highest modern standard, in respect of safety, speed and convenience and in all other respects. The Contractor covenants to and with the City that at the time or times the Lease shall begin the said Rail- road so far as declared by the Board ready for operation shall be a railway of the character aforesaid ready for immediate and con- tinuous operation, and that the same shall, at the time of the com- mencement of the said term, or terms be a railway in all respects conforming to all and every of the requirements of the Lease. The Contractor admits that at the commencement of its Operation of the Railroad under the Lease it will have a complete knowl- edge thereof and a knowledge ampler than that of the City or any official thereof. The Contractor shall at no time and in no event be at liberty to object to the plans or specifications upon which 118 Chapter III. The Lease the Railroad has been constructed, or the manner of its construc- tion, maintenance or operation. The Contractor covenants to and with the city that the Con- tractor will, during the term of the Lease, operate the Railroad carefully and skilfully according to the highest known standards of railway operation. It further covenants to do all the things which in this Contract is provided that it shall do. The Contractor shall run trains of two kinds, local trains and express trains. The local trains shall be run at a speed on the average, stops at stations included, of not less than fourteen ( 14) miles per hour. The express trains shall be run on the average, stops at stations included, at a rate of not less than thirty (30) miles per hour. The Contractor shall, so far as is practicable, meet all reasonable requirements of the public in respect of fre- quency and character of its railway service to the full limit of the capacity of the Railroad. Between the hours of half-past eleven and one o'clock at night and between five and six o'clock in the morning trains shall be run by the Contractor stopping at all sta- tions at intervals of not less than ten ( 10) minutes. Between the hours of one o'clock and five o'clock in the morning trains shall be run, stopping at all stations at intervals of not less than fifteen (15) minutes. The Contractor shall operate the Railroad with the highest regard to the safety of the passengers and employees thereof and of all other persons. Mechanical and other devices for safety shall be of the very best known character. The Contractor hereby cove- nants to and with the City that it will save the City harmless of and from all claims of every nature arising from injuries to pas- sengers, employees or other persons by reason of negligence on the part of the Contractor or of any of its employees, and all other claims by reason of operation of the Railroad, except those against which the City by this contract assures the Contractor. The Contractor shall during the term of the Lease keep the Railroad and its Equipment and each and every part thereof in thorough repair, and s,hall restore and replace every part thereof which may wear out or cease to be useful, so that at all times and at the termination of the Lease the Railroad shall be in thoroughly good and solid condition and fully and perfectly equipped pres- ently ready for continuous and practical operation to the full limit Contractor to observe highest Standard of Railway Operation. Trains, their Speed, Frequency &c. Safety. Repairs. 119 Chapter III. The Lease Contractor to keep Railroad in good Condition. Not to permit Advertisements, etc., to interfere. To light and heat Stations, Cars, &c. Waiting Rooms. Ventilation. of its capacity. If at any time the Board or its Engineer shall notify the Contractor of any loss, wear, decay or defect in the Railroad or the Equipment, such loss, wear, decay pr defect shall forthwith be completely remedied by the Contractor at its own expense, so far as the same interferes or is inconsistent with the thoroughly good or solid condition of the Railroad or its Equip- ment as aforesaid, or with the continuous or practical operation thereof to its full limit as aforesaid. If the Contractor shall unreasonably fail or refuse to so forthwith completely remedy such loss, wear, decay or defect, the Board may in such manner, whether by contract or otherwise, as it may deem proper, procure such loss, wear, decay or defect to be supplied and remedied, and for such purpose shall be entitled, so far as it shall deem necessary or convenient, to enter upon the premises; and the Contractor shall forthwith, upon the demand of the Board, pay to the City the entire cost incurred by the City in supplying such loss or wear or in remedying such decay or defect. The Contractor shall keep the stations, tunnels and all other pa"rts of the Railroad clean, free from unnecessary dampness, and in that and in all other respects in thoroughly good order and condition. The Contractor shall promptly remove from the sta- tions and their approaches, including the sidewalks immediately adjoining the approaches, all ice and snow and all other obstruc- tions or hindrances. The Contractor shall not permit advertisements in the stations or cars which shall interfere with easy identification of stations or otherwise with efficient, operation. The Contractor shall suitably and thoroughly light and heat the stations and cars of this Railroad ; and they shall be so lighted that passengers may conveniently read therein. Such light and heat shall be provided by electricity or such other illuminating and heating agent, as may be approved by the Board. The Contractor shall keep the waiting-rooms in clean and com- fortable condition, and provide therein proper seating capacity and good drinking water. The Contractor shall provide in con- nection therewith sufficient and suitable water-closets, and keep the same in sanitary condition. The Contractor shall cause all tunnels, stations and cars of the Railroad to be thoroughly ventilated with pure air. 120 Chapter III. The Lease Tunnels to lighted. be The Contractor shall keep all tunnels sufficiently lighted at all times to permit the tracks and walls and roofs of the tunnels to be clearly visible for inspection. The motive power shall be electricity or compressed air, which Motive Power shall be so used as to involve no combustion in the tunnels or any injury to the purity of the air in the tunnels, Provided, however, that, if, in the future development of the railway art, any method of generating or transmitting power superior to electricity and involving no combustion or other injury to the purity of the atmosphere in the tunnels or in the cars shall be discovered to be practicable, then the Contractor shall have the right to adopt such different method if approved by the Board. But if the Con- tractor shall adopt such different method, then the Contractor shall provide and maintain equipment for the generation and trans- mission of power by such different method at least equal in com- pleteness, efficiency and durability to the Equipment as provided to be used at the commencement of the term of the Lease. Any such change of motive power shall be made only upon general and detailed plans and specifications which shall have been sub- mitted by the Contractor to the Board at least two (2) months before any such change shall be made. The Contractor shall at all times provide all reasonable con- Inspection, veniences for the inspection of the Railroad and Equipment and every part thereof by the Board, its members, its engineers and subordinates. The members of the Board, its engineers and sub- ordinates shall at any time upon its authority have access to any part of the Railroad or Equipment, or to any materials therefor in process of manufacture. The Contractor shall at all times provide, in quantities amply sufficient for the travel to the full capacity of the Railroad, cars, rolling stock and other parts of the Equipment of the best char- acter known at the time to the art of intra-urban railway opera- tion. In case of any such neglect the Board may, upon notice, require the defect to be made good ; and, if the defect shall not forthwith and upon such notice be made good, then the Board shall be at liberty, either by contract or otherwise as it may see fit, to make good such defect : and in so doing the Board shall, so far and for such time as may be necessary or convenient, be entitled to enter upon or take possession of any part of the Rail- road or Equipment. The Contractor shall forthwith' repay to the Character of Rolling Stock. 121 Chapter III. The Lease Rolling Stock to be adequate. Schedules of Equipment to be filed. Equipment to be kept in good Order. City's Lien on Equipment. Freight may be carried. City the cost to which it shall be put in making good any such defect. The Contractor shall at all times keep upon the Railroad, cars, motors and other equipment which shall, to the limit of the capacity of the Railroad, be adequate to'the requirements of the traveling public. The Contractor shall, before the declaration of the Board that the Railroad is ready for operation and before the Contractor shall be entitled to the final payment for construction, file with the Board in duplicate a true schedule of the Equipment of the Railroad. Such schedule shall be in detail and shall be prepared in such form as may be prescribed by the Board. After the opera- tion of the Railroad shall have been begun the Contractor shall within thirty days after the first day of January and the first day of July respectively in each year file a like schedule showing in detail all of the Equipment on such first day of January or first day of July respectively. Every such schedule shall be verified by the affidavit of the general manager or other officer of the Contractor who shall be in the general care and control of the Equipment, and who shall in such affidavit state that he is in such general care and control. The Equipment shall be kept by the Contractor in thoroughly good order and repair ; and the Contractor hereby expressly cove- nants to and with the City that the Contractor will not at any time within three (3) years before the end of the term of the Lease permit the Equipment to be less in quantity or inferior in quality to the Equipment as it shall have been at any prior time during the term of the Lease. The lien of the City upon the Equipment shall be applicable to all Equipment at any time provided by the Contractor during the term of the Lease in like manner as to the Equipment provided by the Contractor prior to the commencement of said term. The Contractor may use the Railroad for the carriage of freight or express matter, Provided, however, that such use shall not to any extent or in any way interfere with the use of the Railroad to its fullest capacity for all passengers who shall desire to be carried upon it. Nor shall the Contractor make any use of the Railroad or any part of it or of its Equipment which shall to any extent or in any way interfere with such use to its fullest capacity for passengers. 122 Chapter III. The Lease The Contractor shall during the term of the Lease be entitled Fares. \ to charge for a single fare upon the Railroad the sum of five (5) cents, but not more. The Contractor may provide additional con- veniences for such passengers as shall desire the same upon not to exceed one (i) car upon each train, and may collect from each passenger in such car a reasonable charge for such additional con- venience furnished him, provided that the amount to be charged therefor and the character of such additional convenience shall from time to time be subject to the approval of the Board. The Contractor may provide not to exceed one (i) car in each train for persons smoking. If the Contractor shall default in paying the rental herein Powers of Ci ss ' COUNTY OF NEW YORK,J On this 23d day of February, 1900, before me personally came Perry Belmont, to me known and known to me to be the indi- vidual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. A. W. ANDREWS, (36) [NOTARIAL.] NOTARY PUBLIC [ SEAL. ] N. Y. Co. 160 STATE OF NEW YORK, COUNTY OF NEW YORK, On this 23d day of February, 1900, before me personally ap- peared Andrew Freedman to me known, who being by me first duly sworn, did depose and say that he was Vice-President of the United States Fidelity & Guaranty Co. of Maryland, the corpora- tion described in and which executed the foregoing consent: that he knew the corporate seal of said company; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 23d day of February, 1900, before me personally appeared John A. Sullivan to me known, who being by me first duly sworn, did depose and say that he was Vice-President of The City Trust Safe Deposit and Surety Co. of Philadelphia, the cor- poration described in and which executed the foregoing consent; that he knew the corporate seal of said company; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 23d day of February, 1900, before me personally appeared Robert A. C. Smith to me known, who being by me first duly sworn, did depose and say that he was Vice-President of Ameri- can Surety Company of New York, the corporation described in and which executed the foregoing consent ; that he knew the cor- porate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 23d day of Feb- ruary, 1900, before me personally appeared Charles A. Dean to me known, who being by me first duly sworn, did depose and say that he was President of National Surety Company, the corpora- tion described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 24th day of February, 1900, before me personally appeared August Belmont, to me known, who being by me first duly sworn, did depose and say that he was President of Rapid Transit Subway 161 Construction Company, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal of said company; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, (36) [NOTARIAL.] NOTARY PUBLIC [ SEAL. ] N. Y. Co. THE FOREGOING CONTRACT IS HEREBY APPROVED AS TO FORM. DATED, NEW YORK, 2IST DAY OF FEBRUARY, 1900. JOHN WHALEN, Corporation Counsel of the City of New York. Form of Receipt and Agreement as to Deposit of $1,000,000 on the Continuing Bond. WHEREAS by the terms of a contract for construction and oper- ation of a rapid transit railroad, made the 2ist day of February, 1900, by and between the City of New York, acting by the Board of Rapid Transit Railroad Commissioners for the City of New York, (hereinafter called the Rapid Transit Board), and John B. McDonald of said City, it is provided that simultaneously with the execution of the said contract, the said John B. McDonald shall file with the Comptroller of the City of New York a bond executed by the said John B. McDonald and by sureties approved by the Board in the sum of One million dollars ($1,000,000) in the form provided in said contract, which bond is therein referred to as a "continuing bond" ; and WHEREAS, Rapid Transit Subway Construction Company has been duly incorporated under the Business Corporations Laws of New York for the purpose of aiding in the construction of Rapid Transit Railroads in the City of New York ; and WHEREAS, the said Company has under agreement with said John B. McDonald procured a surety for him upon the said con- tinuing bond ; and WHEREAS, It has been agreed between the said. Rapid Transit Board of the one part and the said John B. McDonald, the con- 162 tractor, and the said Rapid Transit Subway Construction Com- pany of the other part, that the said last named Company or the Contractor shall contemporaneously with the execution of the said continuing bond deposit with the Comptroller of the City of New York securities of the kind in which Savings Banks of this State are authorized by law to invest their funds, and to be approved by the said Board and to be of the value of One million dollars ($1,000,000), which so far as may be necessary, the City shall apply in payment and satisfaction of the said bond in case any liability shall arise thereon, and the said Rapid Transit Board has further agreed that, in case the Legislature shall amend the Rapid Transit Act by permitting the deposit of securities in lieu of the said continuing bond and the acceptance of securities and the can- cellation and return of said bond as hereinafter provided, then the said Board will accept the said securities as a deposit in lieu of the said bond and will then cancel and return the same ; and WHEREAS, The said Company has procured the said continuing Bond to be duly executed by a surety satisfactory to the said Rapid Transit Board, who has justified in double the amount of the penalty of the said bond, and said Company has deposited with the Comptroller of the City of New York securities approved by the said Board of the value of One million dollars ($1,000,000). Now, therefore, the said City of New York does hereby acknowledge that the Comptroller thereof has under this agree- ment received from Rapid Transit Subway Construction Com- pany the following securities, to wit : $200,000. New York City Consolidated Stock, "Dock" 3% int payable May & November due Nov. i, 1924. $100,000. New York City Consolidated Stock "Dock" 3% int. payable May & November due Nov. ist, 1914. $100,000. New York City Consolidated Stock "School House" $% interest payable May & November due Novem- ber i, 1908. $250,000. New York City Corporate Stock "Aqueduct" Z l /2% interest payable April & October due Oct. ist, 1919. $250,000. Illinois Central R. R. Co., St. Louis Division & Ter- minal ist Mtge. Gold 3%. Interest payable January & July due July i, 1951. 163 $ioo,ooo. Illinois Central R. R. Co., Louisville Division & Ter- minal ist Mtge. Gold 3*^% interest payable January & July due July i, 1953. $20,000. Illinois Central R. R. Co., Western Lines ist Mtge. Gold 4% interest payable February & August due Augt. i, 1951. being the present market value of One million and twenty-six thousand three hundred and eighty-six and 35-100 dollars ($1,026,386.35-100), IN CONSIDERATION WHEREOF the said City hereby agrees that in case any liability shall at any time arise upon the said continuing bond the City, in such manner as may be approved by the Rapid Transit Board but upon written notice of at least ten days, may sell said securities or so much thereof as may be necessary to pay any sum which may be or become due upon said bond and apply the same to the payment of such liability and any such payment shall operate to relieve the surety upon the said continuing bond to the same extent as if he had made such payment. It is further agreed that in case the legislature shall pass an act amending chapter four of the laws of eighteen hundred and ninety-one, known as the Rapid Transit Act, by permitting the deposit of cash or securities in lieu of the said continuing bond, and the cancellation and return of the said bond as hereinafter provided, then and in such case the said Rapid Transit Board shall accept the securities aforesaid, or any other securities of the kind above mentioned and of the value of not less than One million dollars ($1,000,000) approved by the said Board, or the sum of One million dollars ($1,000,000) in cash, as a deposit in lieu of said bond, and shall then cancel and return the said continuing bond. It is further agreed that so long as there shall be no default upon the said continuing bond the said Rapid Transit Subway Construction Company shall be entitled to receive the interest which may become due from time to time upon the securi- ties deposited as herein provided, and the Comptroller shall at the request of the said Company detach from and deliver over to it or upon its order any coupons or interest warrants for such interest within ten days before the same shall from time to time 164 become due and payable. And in case any default shall occur on the said continuing bond the City shall have the right to retain any interest which may thereafter become due upon the said securities and apply the same in making good such default until such default shall be made good, and after said default shall be made good, then the interest accruing on said securities shall be paid over as hereinbefore provided. And it is further agreed that the said Rapid Transit Subway Construction Company may, from time to time, withdraw any of the securities deposited hereunder upon substituting other securi- ties of the kind above described and of equal value and satisfactory to and approved by the Board or upon depositing cash to an amount equal in value to the securities so withdrawn and may thereafter withdraw any cash so deposited upon substituting there- for securities of the kind above described and satisfactory to and approved by the Board to an amount equal in value to the cash so withdrawn. In case any of the said securities shall at any time, in the opinion of the Board, cease to be of the character of securities in which the Savings Banks of the State of New York are then authorized by law to invest their funds, then within twenty days after notice to the Contractor and the Rapid Transit Subway Construction Company, the Contractor and the said Rapid Transit Subway Construction Company shall substitute for such securities other securities of the character in which the Savings Banks of the State of New York are then authorized by law to invest their funds and of equal values to the securities so objected to. In case the entire amount of securities shall, in the opinion of the Board, become of less value than the sum of One million dol- lars ($1,000,000), then within twenty days after notice to the Contractor and the said Rapid Transit Subway Construction Com- pany, the Contractor and the said Rapid Transit Subway Con- struction Company shall, under the terms of this agreement, de- posit securities or cash so as to make the total of the full value of One million dollars ($1,000,000), Provided, however, and it is ex- pressly agreed that the obligations hereunder of the Contractor and the Rapid Transit Subway Construction Company shall be joint and several. 165 In Witness whereof, this instrument has been executed for the City of New York by its Board of Rapid Transit Railroad Commissioners under and by a resolution duly adopted by the said Board with the concurrence of more than six of its members and the seal of the said Board has been hereto affixed and these pres- ents signed by the President and Secretary of the said Board, and the Comptroller of the City of New York has signed this instru- ment, and the Contractor, John B. McDonald, has signed this instrument, and Rapid Transit Subway Construction Company has caused its corporate seal to be hereto affixed and these pres- ents to be signed by its president and secretary, all the day and year first above written. THE BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS, By A. E. ORR, PRESIDENT. [SEAL.] ATTEST: BION L. BURROWS, SECY. BIRD S. COLER, COMPTROLLER OF THE CITY OF NEW YORK. JOHN B. McDONALD. [SEAL.] RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, By AUGUST BELMONT, PRESIDENT. [SEAL.] ATTEST: FREDERICK EVANS, SECRETARY. 166 STATE OF NEW YORK, L 55 COUNTY OF NEW YORK/' On this 24th day of February, 1900, at the said city, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners of the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof ; and the said Bion L. Burrows that he resided in the Borough of Brook- lyn, in the said City of New York, that he was the secretary of the said Board and that he subscribed his name thereto by like authority ; and both the said Alexander E. Orr and Bion L. Bur- rows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. And on the same day, at the said county, before me duly ap- peared John B. McDonald, to me known and known to me to be the person and Contractor named in and who executed the fore- going contract, and acknowledged to me that he executed the same. A. W. ANDREWS, (36) [NOTARIAL.] NOTARY PUBLIC [ SEAL. ] N. Y. Co. 167 STATE OF NEW YORK. COUNTY OF NFW On this twenty-fourth day of February, Nineteen hundred, before me personally appeared BIRD S. COLER, to me known and known to me to be the Comptroller of the City of New York, and to me acknowledged that he executed the foregoing instru- ment as such Comptroller. IN WITNESS WHEREOF I have hereunto set my hand and affixed my Notarial seal the day and year aforesaid. A. W. ANDREWS, (36) [NOTARIAL.] NOTARY PUBLIC [ SEAL. ] N. Y. Co. STATE OF NEW YORK, , V ss ' COUNTY OF NEW YORK, r ' On this twenty-fourth day of February, Nineteen hundred, .be- fore me personally appeared AUGUST BELMONT, to me known, who being by me first duly sworn, did depose and say that he was the President of RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY; that he knew the corporate seal of said Company; that the seal affixed to the foregoing instrument was such cor- porate seal; that the same was affixed by order of the Board of Directors of said Company, and that he signed his name thereto as President by like authority. IN WITNESS WHEREOF I have hereunto set my hand and affixed my Notarial seal the day and year aforesaid. A. W. ANDREWS, (36) [NOTARIAL] NOTARY PUBLIC [ SEAL. ] N. Y. CO. 168 Copy Stipulation. SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. In the Matter OF The Application of the BOARD OF RAPID TRANSIT RAILROAD COM- MISSIONERS FOR THE CITY OF NEW YORK for the appointment of three Commissioners to determine whether a Rapid Transit Railway or Rail- ways for the transportation of per- sons and property as determined by said Board ought to be constructed and operated. The Board of Rapid Transit Railroad Commissioners of the City of New York, hereinafter called the Rapid Transit Board, does hereby stipulate as follows : The Rapid Transit Board will insert in any contract it shall make for the construction, equipment and operation of the Rapid Transit Railroad described in the application herein to the Appel- late Division a requirement that, to make the contract operative as against the City of New York, the contractor or contractors shall give security at the least as follows : i. A bond pursuant to Sect. 34 of the Rapid Transit Act in the penalty of at least One million dollars ($1,000,000) which shall be a continuing security and shall provide for the prompt payment by the contracting person, firm or corpora- tion of the amount of annual rental specified in the contract, and also for the faithful performance by said contracting person, firm or corporation of all the conditions, covenants and requirements specified and provided for in said contract and further providing that such contracting person, firm or 169 corporation and his or its bondsmen, shall, in the case of de- fault on the part of such contractor provided in said Sect. 34, be and continue jointly and severally liable to the City of New York for the amount of the deficiency therein men- tioned until the end of the full term for which the said con- tract shall have been originally made. 2. A bond in the penalty of at least Five million dollars ($5,- 000,000) which shall provide that the contractor or con- tractors shall fully perform the said contract so far as the same requires the construction and equipment of the rail- road, such bond to be executed by two or several persons or corporations, each one being bound for at least Five hundred thousand dollars ($500,000) of the penalty, and all taken together being bound for at least Five million dollars ($5,000,000), and each justifying, in double the amount for which such person or corporation shall be bound. In witness whereof, the Board of Rapid Transit Railroad Com- missioners has caused this stipulation to be signed by its President and Secretary and its official seal to be hereunto affixed at the City of New York, within the County of New York, on this I3th day of November, 1899. THE BOARD, 'OF RAPID TRANSIT RAILROAD COM- MISSIONERS, By ALEXANDER E. ORR, President. [SEAL.] . BION L. BURROWS, Secretary. 170 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. MCDONALD Contractor AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad Dated, June 21st, 1900 Executed, August 3, 1900 Ft. George Change of Route Agreement made this 2ist day of June in the year Nineteen hundred, between the City of New York (hereinafter called the City) acting by the Board of Rapid Transit Railroad Com- missioners for The City of New York (hereinafter called the Board), party of the first part, and John B. McDonald, of the City of New York (hereinafter called the Contractor), party of the second part : Whereas, Heretofore, and on or about the 2ist day of Feb- ruary, 1900, the City, acting by the Board, entered into a con- tract with the Contractor for the construction and operation of a Rapid Transit Railroad in the City of New York and other- wise as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation ; and Whereas, On or about the 2ist day of February, 1900, and immediately after the execution of the contract for construc- tion and operation, the City, acting by the Board, entered into a contract with the Contractor modifying the said contract for construction and operation, the said modifying contract being hereinafter styled the Agreement for Modification of Contract ; and Whereas, The Contractor has deposited with the Comp- troller of the City certain security for the performance of the said contract for construction and operation on his part and has given certain bonds as further security for such perform- ance and upon such bonds there are sureties as follows : Rapid Transit Subway Construction Company ; The United States Fidelity & Guaranty Company ; The City Trust Safe Deposit and Surety Company of Philadelphia ; American Surety Company of New York; National Surety Company; and Perry Belmont ; and Whereas, The Contractor desires, and the Board approves, a modification of the Routes and General Plan for the Rapid Transit Railroad referred to in the said contract for the con- struction and operation as set forth in certain resolutions adopted by the Board on 2ist June, 1900, a copy of which is hereto annexed, Now, therefore, in consideration of the premises and subject to the consents hereinafter provided, 173 Ft. George Change of Route It is agreed that the said contract for construction and operation and the routes and general plan therein mentioned, be and the same hereby are modified as follows : By striking from the said routes the portion thereof begin- ning at a point under Eleventh avenue on the centre line thereof produced and eleven hundred and five feet north of the centre line of One Hundred and Ninetieth street, and running thence under or over (as may be most convenient) private property to a point at the southeast end of Ellwood street near Hillside street and thence over Ellwood street to Kingsbridge avenue or Broadway; thence over Kingsbridge avenue or Broadway as now proposed to a point at or near its intersec- tion with Amsterdam avenue and south of Riverdale avenue ; and by inserting in the said routes instead of the portion thereof thus struck out the following, to wit : Beginning at the point under Eleventh avenue on the centre line thereof produced above named, namely eleven hundred and five feet north of the centre line of One Hundred and Ninetieth street, and running thence under and over Eleventh avenue and private property to Naegle avenue, thence along and over Naegle avenue to Amsterdam avenue, thence along and over Amsterdam avenue to the said point at or near its intersection with Kingsbridge avenue or Broadway, and south of Riverdale avenue as aforesaid. The general plan of construction of the portion of the route hereby substituted shall be as follows : The tracks shall be placed in tunnel from the south end of said portion to a point on private property between Eleventh and Naegle avenues within 200 feet from the westerly side of Eleventh avenue and northerly over the rest of the portion of the route hereby substituted shall be carried upon a via- duct. There shall be at least two parallel tracks, with the right at any time to add a third track in the discretion of the Board of Rapid Transit Railroad Commissioners. And it is further agreed that in all other respects the pro- visions of the general plan of construction set forth in the said contract for construction and operation shall be applicable to the portion of the route hereby substituted. And it is further agreed that the contractor shall become en- titled to additional payment for such additional work and ma- 174 Ft. (,'cor^c Change of Route terials as shall be made necessary by the changes hereby pro- vided, and the City shall become entitled to abatement from the contract price by reason of the diminution in work and materials by reason of such changes, the amounts of such additional payments and such diminution to be determined as provided in Chapter II. of the said contract for construction and operation. Provided, however, and it is expressly agreed that this agreement shall take effect when and only when the following consents hereto and approvals hereof shall be duly had, to wit : 1. The consents as subjoined of Rapid Transit Subway Construction Company, The United States Fidelity and Guar- anty Company, The City Trust Safe Deposit and Surety Com- pany of Philadelphia, The American Surety Company of New York, National Surety Company, and Perry Belmont. 2. The consent of the Municipal Assembly of The City of New York. 3. The consent of the Mayor of The City of New York. 4. The consent of the owners of a majority in value of the property along the streets or such portions of streets as are included in the portion of routes by this agreement proposed to be substituted as aforesaid ; or if such consent cannot be obtained, then in lieu thereof the determination of three Com- missioners to be appointed by the Appellate Division of the Supreme Court duly confirmed by the said Appellate Division. The plan hereto annexed is intended to show the modifica- tion of the routes as hereby proposed. 175 Ft. George Change of Route In Witness Whereof, this contract has been executed for the City of New York by its Board of Rapid Transit Railroad Commissioners under and by a resolution duly adopted by said Board, concurred in by more than six of its members, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board and the contractor has hereto set his hand and seal the day and year first above written. JOHN B. MCDONALD, BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS FOR THE CITY OF NEW YORK. [SEAL.] By A. E. ORR, ATTEST : PRESIDENT. BION L. BURROWS, SECRETARY. STATE OF NEW YORK. ) ss COUNTY OF NEW YORK, j On this 3ist day of October. 1900, at the City of New York in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E'. Orr, the President, and the said Bion L. Burrows, the Secretary of the Board of Rapid Transit Railroad Commissioners of the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the Presi- dent of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof ; and the said Bion L. Burrows that he resided in the Borough of Brooklyn, in the said City, that he was the Secretary of the said Board, and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that 176 Ft. George Change of Route the same was affixed to the foregoing- instrument by the au- thority of the "said Board and of a resolution duly adopted by the same. STEPHEN CONNELL, [SEAL.] NOTARY PUBLIC (163), N. Y. Co. STATE OF NEW YORK. ) COUNTY OF NEW On this 3d day of August, 1900, before me personally ap- peared John B. McDonald, to me known and known to me to be the person and Contractor named in and who executed the foregoing contract, and acknowledged to me that he executed the same. FREDERICK EVANS, [SEAL.] NOTARY PUBLIC No. 58, New York County, N. Y. The undersigned, being the sureties of John B. McDonald, the Contractor above mentioned upon the continuing bond in the penalty of One million dollars ($1,000,000) and the bond for construction and equipment in the penalty of Five million dollars ($5,000,000) hereby consent to the making of the fore- going instrument. Dated New York, June 21, 1900. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, [SEAL.] By AUGUST BELMONT, PRESIDENT. THE UNITED STATES FIDELITY AND GUARANTY COMPANY, [SEAL.] By JOHN B. BLAND, ATTEST : PRESIDENT. WYLLYS BENEDICT, ATTORNEY IN FACT. NATIONAL SURETY COMPANY, [SEAL,] By CHAS. A. DEAN, ATTEST : PRESIDENT. HENRY M. CHILDS, SECRETARY. 177 Ft. George Change of Route THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, 160 Broadway, N. Y., [SEAL.] JNO. A. SULLIVAN, VICE-PRESIDENT. P. H..MOONEY, ASSISTANT SECRETARY. AMERICAN SURETY COMPANY OF NEW YORK, [SEAL.] By H. D. LYMAN, ATTEST : PRESIDENT. G. M. SWENEY, SECRETARY. [SEAL.] PERRY BELMONT. STATE OF NEW YORK, 1 ss COUNTY OF NEW On the i8th day of September, 1900, before me personally ap- peared Perry Belmont, to me known and known to me to be the individual described in and who executed the foregoing consent, and he acknowledged to me that he executed the same. HARRY M. AUSTIN, [NOTARIAL] Notary Public, Queens County. Certificate filed in New York Countv. STATE OF NEW YORK, ) ss * COUNTY OF NEW On this 4th day of August, 1900, before me personally appeared John H. Brand, to me known, who being my me first duly sworn, did depose and say that he was the President of United States Fidelity and Guaranty Company of Maryland, the corporation described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 6th day of August, 1900, before me personally appeared John A. Sulli- 178 Ft. George Change of Route van to me known, who being by me first duly sworn, did depose and say that he was the Yice-President of the City Trust Safe Deposit and Surety Company of Philadelphia, the corporation de- scribed in and which executed the foregoing consent; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 6th day of August, 1900, before me personally appeared Henry D. Lyman to me known, who being by me first duly sworn, did depose and say that he was the President of American Surety Company of New York, the corporation described in and which executed the foregoing consent; that he knew the corporate seal of said company; that the seal affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 6th day of August, 1900, before me personally appeared Charles A. Dean, to me known, who being by me first duly sworn, did depose and say that he was the President of National Surety Company of New York, the corporation described in and which executed the foregoing con- sent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. And also on the 3d day of August, 1900, before me personally appeared August Belmont, to me known, who being by me first duly sworn, did depose and say that he was the President of Rapid Transit Subway Construction Company, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [NOTARIAL] NOTARY PUBLIC (34), [ SEAL. ] N. Y. Co. 179 Ft. George Change of Route Resolutions Adopted by the Rapid Transit Board on 2ist June, 1900. Whereas, This Board did on the I4th day of January, 1897, and 4th day of February, 1897, adopt certain Routes and General Plan for a rapid transit railroad in The City of New York, a copy of which is hereto annexed, entitled "Copy Routes and General Plan"; and Whereas, The said Routes and General Plan were afterwards duly approved by the municipal authorities of The City of New York and were duly consented to by Commissioners appointed by the Appellate Division of the Supreme Court, which consent was duly confirmed by the said Appellate Division, in lieu of the consent of the owners of a majority in value of the property along the said routes ; and Whereas, Thereafter and on or about the 2ist day of February, 1900, The City of New York did, by this Board, enter into a certain contract with John B. McDonald for the construction and operation of the said Rapid Transit railroad; and Whereas, It is the interest of The City of New York and, in the opinion of the said John B. McDonald, it is likewise in his interest, as such contractor, and he desires that said Routes and General Plan shall be changed in the respect hereinafter men- tioned but without other change in the said routes and general plan, now, therefore, it is Resolved, That, subject to the consents and approvals to be first obtained as in these resolutions hereinafter mentioned, the said Routes and General Plan heretofore adopted by this Board be and they hereby are modified as follows : By striking from the said routes the portion thereof beginning at a point under Eleventh avenue on the centre line thereof pro- duced and eleven hundred and five feet north of the centre line of One Hundred and Ninetieth street, and running thence under or over (as may be most convenient) private property to a point at the southeast end of Ellwood street, near Hillside street and thence over Ellwood street to Kingsbridge avenue or Broadway ; thence over Kingsbridge avenue or Broadway as now proposed to a point at or near its intersections with Amsterdam avenue and south of Riverdale avenue; and by inserting in the said routes instead of the portion thereof thus struck out the following, to 180 Ft. George Change of Route \vit; Beginning at the point under Eleventh avenue on the centre line thereof produced above named, namely eleven hun- dred and five feet north of the centre line of One Hundred and Ninetieth street, and running thence under and over Eleventh avenue and private property to Naegle avenue, thence along and over Naegle avenue to Amsterdam avenue, thence along and over Amsterdam avenue to the said point at or near its intersection with Kingsbridge avenue or Broadway, and south of Riverdale avenue as aforesaid. The general plan of construction of the portion of the route hereby substituted shall be as follows : The tracks shall be placed in tunnel from the south end of said portion to a point on private property between Eleventh and Naegle avenues, within 200 feet from the westerly side of Eleventh avenue and northerly over the rest of the portion of the route hereby substituted shall be carried upon a viaduct. There shall be at least two parallel tracks with the right at any time to add a third track in the discretion of the Board of Rapid Transit Railroad Commissioners. In all other respects the provisions of the said General Plan of Construction adopted on I4th January and 4th February, 1897, shall be applicable to the portion of the route hereby substituted. And it is further Resolved, That whereas this Board has duly made the inquiries and investigation necessary or proper in the premises and has determined that the modification aforesaid of the said Routes and General Plan are necessary for the interests of the public and of The City of New York and should be established as herein pro- vided, this Board does hereby determine and establish the said routes and general plan as hereby modified, subject to the con- sents and approvals to be first obtained as hereinafter mentioned ; and it is further Resolved, That the said modification of routes and general plan shall take effect only upon and after the following consents and approvals thereto shall be duly had, to wit : i. The consent of the said John B. McDonald, Contractor, and of his sureties as follows: Rapid Transit Subway Construction Company ; The United States Fidelity and Guaranty Company ; The City Trust, Safe Deposit and Surety Company of Philadel- phia ; American Surety Company of New York ; National Surety Company, and Perry Belmont. 181 Ft. George Change of Route 2. The consent of the Municipal Assembly of The City of New York. 3. The consent of the Mayor of The City of New York. 4. The consent of the owners of a majority in value of the property along 1 streets or such portions of streets as are included in the portion of routes by these resolutions proposed to be sub- stituted, as aforesaid; or if such consent cannot be obtained, then in lieu thereof the determination of three (Commissioners to be appointed by the Appellate Division of the Supreme Court duly confirmed by the said Appellate Division. Copy Routes and General Plan. January 14, 1897. One route as follows : Its centre line shall commence at a point at or near the intersection of Broadway with Park Row ; thence under Park Row and Centre street to a point at or near its intersection with New Elm street as proposed ; thence under New Elm street, as proposed, to Lafayette place ; thence under Lafayette place to Eighth street ; thence across and under Eighth street, and thence under private property lying between Eighth and Ninth streets and east of the westerly side or line of Lafay- ette place, produced, to Fourth avenue; thence under Fourth avenue and Park avenue to Forty-second street ; thence turn- ing from Park avenue into Forty-second street, and taking for the purposes of the curve, if necessary or convenient, private prop- erty at the southwest corner of Park avenue and Forty-second street; thence under Forty-second street to Broadway; thence under Broadway to Fifty-ninth street; thence under the Boule- vard to a point at or near One Hundred and Twenty- fourth street ; thence by viaduct along and over the Boulevard to a point at or near One Hundred and Thirty-fourth street; thence under the Boulevard and Eleventh avenue to a point on Eleventh avenue, situate north of One Hundred and Ninetieth street, and distant therefrom not less than one thousand and not more than one thou- sand five hundred feet, and thence under or over (as may be most convenient) private property to a point at the southeast end of Elhvood street near Hillside street, and thence over Ellwood street to Kingsbridge avenue or Broadway; thence over Kingsbridge avenue or Broadway, as now proposed, to Riverdale avenue and 182 Ft, George Change of Route thence easterly over Riverdale avenue to a point within five hun- dred feet of the present Kingsbridge station of the New York and Putnam Railroad Company. This route shall include a loop at the City Hall Park which shall connect with the portion of the route aforesaid along Centre street at or near the south end of that street, and thence proceed westerly and southerly under City Hall Park and Broadway, and thence easterly to again connect with the portion of the route aforesaid in Park Row. All of the said loop shall lie under City Hall Park, Park Row, between the south end of Centre street and Ann street, and the portion of Broadway adjoining the City Hall Park lying between Vesey and Murray streets. This route shall also include suitable tracks and connections from the City Hall loop to the Postoffice, such tracks and connections being under the City Hall Park and under the portion of Park Row between the south end of Centre street and Ann street. This route shall also include suitable tracks and connections from the portion of the route near the corner of Park avenue and Forty-second street to the yard and tracks of the Grand Central Station. All of the tracks and connections last mentioned shall be under Park avenue and Forty-second street and private property to be acquired. By private property in this description is meant property not forming part of the streets of The City of New York and not belonging to The City of New York. Also a route as follows : Its centre line shall diverge from the route aforesaid on the Boulevard, between a line parallel to and one hundred feet north of One Hundred and Third street and a line parallel to and one hundred feet south of One Hundred and Third street, thence under private property to a point in One Hundred and Fourth street; thence under One Hundred and Fourth street to and across Central Park, West; thence under Central Park to the intersection of Lenox avenue and One Hun- dred and Tenth street; thence under Lenox avenue to a point near One Hundred and Forty-second street ; thence curving to the east and passing under private property, One Hundred and Forty-third and One Hundred and Forty-fourth streets, to the Harlem River at or near the foot of One Hundred and Forty-fifth street; thence under the Harlem River and private property to East One Hundred and Forty-ninth street at or near its intersec- tion with River avenue; thence under East One Hundred and 183 Ft. George Change of Route Forty-ninth street to a point near its intersection with Third avenue; thence with a curve to the left and under Third avenue to a point near its intersection with Westchester avenue; thence with a curve to the right to and under Westchester avenue, and thence by viaduct over and along Westchester avenue to the Southern Boulevard; thence over and along the Southern Boule- vard to the Boston road, and thence over and along the Boston road to Bronx Park. The said General Plan of Construction hereby adopted is as follows : For the route under Park Row and the said loop at City Hall Park, two parallel tracks; for the route from the point of connection of the City Hall loop with the route aforesaid, at the southerly end of Centre street to the junction at or near One Hundred and Third street and the Boulevard, four parallel tracks; for the route from the junction at or near One Hundred and Third street and the Boulevard to the New York and Putnam Railroad Company's station at Kingsbridge, two parallel tracks; for the route from the junction at or near One Hundred and Third street and the Boulevard to Bronx Park, two parallel tracks. All of the above-mentioned tracks shall be placed on the same level, except that wherever required by special necessities of surface or sub-surface structures or other special or local necessities and for the purpose of avoiding grade crossings at the southerly end of Centre street and the One Hundred and Third street junction, any one or more of the tracks may be depressed below the level of the other tracks to a depth of not more than twenty feet. The tracks shall be of standard gauge, that is to say, of a width of four feet and eight and a half inches between the rails. There shall be twelve and a half feet width in the tun- nels and on the viaducts for each track, except that at stations, switches, turn-outs, curves and cross overs the width may be increased to the extent permitted by the width of the tunnel. The tracks wherever passing over or under the streets shall be placed over or under the central part of the street, except that no tunnel or viaduct or any wall or part thereof under or along a street, shall, except at the stations, station approaches, curves and at places of access to sub-surface structures, as 184 Ft. George Change of Route hereinafter provided, be within a distance of five feet of the exterior line or side of the street. The tracks shall in all cases be placed in tunnels, except only that on the west side route on the Boulevard at or near One Hundred and Twenty-fourth street the tracks shall emerge from the tunnel and be carried upon a viaduct along the Boulevard to a point at or near One Hundred and Thirty-fourth street and there be taken again into tunnel, and except also that on the west side route at a point at or near One Hundred and Ninetieth street the tracks shall again emerge from the tunnel and be carried upon a viaduct over private property and the above-fmentioned streets to the Kingsbridge station, and except also that on the east side from a point on Westchester avenue at or near Ber- gen avenue the tracks shall emerge from the tunnel and be carried upon a viaduct over and along Westchester avenue and the other streets above mentioned to Bronx Park. Wherever the tracks change from tunnel to viaduct, or from viaduct to tunnel, the change shall be so made as to occupy or obstruct the use of the surface of the street to the least pos- sible extent consistent with the proper gradient for the tracks. The roof of the tunnel shall be as near the surface of the street as street conditions and grades will permit. The tun- nel shall not be less than thirteen feet in height in the clear The maximum width of the tunnel in the clear shall be as follows : For the route under Park Row and the City Hall Park loop, thirty-eight feet; for the route from, at or near the south end of Centre street and to the commencement of ,Ne\v Elm street fifty feet ; for the route from, at, or near the commencement of New Elm street to Lafayette place, sixty-eight feet; for the route from, at or near the commencement of Lafayette place to the junction at or near One Hundred and Third street, fifty feet; for the west side route from the junction at or near One Hundred and Third street to Kingsbridge station, twenty-five feet; and for the east side route from, at or near the junction at One Hundred and Third street to Bronx Park, twenty-five feet; except that wherever the nature of the streets necessitates a curve that an additional width of tunnel may be added not exceeding three feet for each track, and except that on Fourth avenue, from Thirty-second street to Forty-third street, the 185 Ft. George Change of Route permissible width shall be sixty-five feet; and for the tunnel beneath the Harlem River and its approaches, the permissible width shall be thirty-five feet. At each cross street where ac- commodations for pipes, wires, sewers and other sub-surface structures have been provided within the tunnel, the tunnel may, in order to provide convenient access to such pipes, wires, sewers and other sub-surface structures, have, within the limit of the sides or exterior lines of such cross street or such lines produced, an additional width on each side of the route, not to exceed fifteen feet, and the area of additional width on either side not to approach nearer than twelve feet to either side or exterior line of such cross street. Footways between the tracks shall be provided the whole length of the line and accommodations arranged for the convenience and protection of employees. Whenever necessary for the proper support of the street sur- face, the roof of the tunnel shall be of iron or steel girders with brick or concrete arches supported by iron or steel col- umns and masonry walls, or the roof shall be a masonry arch. Viaducts shall be built with a width of twelve and one-half feet for each track and with an additional width of three feet on each side for outside footways. Viaducts may be built of metal or masonry, or of both. Adjacent tracks shall be connected by necessary and suit- able switches and connections, and an additional track for siding accommodation may be constructed, not to exceed in length one-quarter of a mile for each mile of roadway, but provided always that the side of the tunnel shall not, by the enlargement of the tunnel for that purpose, be brought within five feet of the exterior line or side of the street. Along Elm street, wherever the tunnel shall be in the clear not less than sixty-eight feet wide, the pipes, wires, sewers and other sub-surface structures shall be placed in suitable galleries in the tunnel at the outside of the exterior tracks. But any such pipes, wires, sewers and other sub-surface struc- tures may be placed in suitable galleries beneath the tracks, or such pipes, wires, sewers and other sub-surface structures may be placed in the ground above or at the sides of the tunnel, or at the outside of the exterior tracks, and whenever so placed beneath the tracks, or in the ground above or at the sides 186 Ft. George Change of Route of the tunnel, the width of the tunnel on New Elm street shall not be more than fifty feet. Pipes, wires, sewers and other sub-surface structures shall, at any part of the said routes, be removed or disturbed only when necessary for the construc- tion and operation of the railway, and, if removed or disturbed, shall be placed under the streets in such manner and in such location that the use and service thereof shall not be impaired. Such pipes, wires, sewers and other sub-surface structures shall be left or shall be so arranged as to give free access for their repair or alteration, or for the placing with them of new pipes, wires, sewers and other like structures, and for making connections between the same and buildings at any time. Stations and station approaches shall, in general, be at the intersection of streets and shall be built under, or, if the posi- tion of the tracks so require, over, the streets and immediately adjoining private abutting property, or throngh private prop- erty to be acquired for the purpose, or both under or over streets and through private property as aforesaid, except that on the Boulevard stations and station approaches may be in the centre of the street. The streets under or over which stations or station approaches shall be built may include cross streets, but no part of any cross street shall be used for station or sta- tion approach at a distance greater than seventy-five feet from the exterior line or side of the street of the route. The word "street," wherever used herein, shall include an avenue or public place. Along the Boulevard there may be openings in the surface of the street from the tunnel for the purpose of ventilation and light ; such openings shall be guarded by convenient and orna- mental inclosures. The openings shall not exceed twenty feet in width and fifty feet in length. No two openings shall be within fifty feet of each other. No opening or part thereof shall be within the limits of, or opposite to, any street inter- secting the Boulevard ; and within the distance of any one block on the Boulevard between any two adjacent crossing streets there shall not be more than two such openings. The general mode of operation shall be by electricity or some other power not requiring combustion within the tun- nels or on the viaducts, and the motors shall be capable of 187 Ft. George Change of Route moving trains at a speed of not less than forty miles per hour for long distances, exclusive of stops. The manner of construction shall be by tunnelling or open excavation ; it is further Resolved, That plans be prepared to show the route and general plan, in so far as they are hereby adopted, which said plans, when formally adopted, shall be deemed to be incor- porated herein and to form a part hereof. February 4, 1897. Resolved, That this Board of Rapid Transit Railroad Com- missioners for The City of New York hereby adopts the draw- ings now produced, and numbered from i to 60, both inclusive, as showing the route and general plan adopted by resolution of this Board on January 14, 1897, and that as provided in the said resolution the said drawings be deemed incorporated in and to form part of the said resolution ; and it is further Resolved, That the said route and general plan, with the said drawings, and the said resolution of January 14, 1897, be, and they hereby are adopted by this Board. The foregoing contract is hereby approved as to form. Dated New York, June 21, 1900. THEODORE CONNOLY, ACTING CORPORATION- COUNSEL OF THE CITY OF NEW YORK. 188 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. MCDONALD Contractor AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad Dated, January 10th, 1901 Executed, February, 1901 City Hall Changes, etc. Agreement, made this loth day of January, in the year 1901, between the CITY OF NEW YORK, hereinafter called the City, acting by the Board of Rapid Transit Railroad Commissioners for the City of New York, hereinafter called the Board, party of the first part, and JOHN B. MCDONALD, of the City of New York, hereinafter called the Contractor, party of the second part. WHEREAS heretofore, and on or about the 2ist day of February, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a Rapid Tran- sit Railroad in the City of New York, and otherwise, as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation, which contract was on said day modified in certain respects by a further agreement between the said parties, bearing the same date; and WHEREAS, the Contractor furnished the bonds and gave the security required by said contract and agreement modifying the same ; and WHEREAS, the plans and specifications of said railroad contem- plated and required the construction of a terminal loop at the City Hall Park, and the parties desire that the said loop shall be shorter and less expensive than as provided in the said contract and that the same shall be constructed in accordance with the plans herein- after mentioned, NOW, therefore, in consideration of the premises and of the covenants and agreements hereinafter contained, It is agreed as follows: The City and the Board, upon the request and approval herein- after mentioned, hereby require so much of the work and material specified and provided to be done and furnished in said contract in the construction of the said loop as planned and shown by the Contract Drawings Nos. A i and C i to C 5 inclusive, dated 7th April, 1898, to be omitted, and the Contractor hereby requests the Board to make such requirement, and approves the same. And it is hereby FURTHER AGREED that the Contractor shall con- struct the said loop in accordance with the plans hereunto annexed, marked "Contract Drawing No. A i (amended)" dated loth Jan- 191 City Hall Changes, etc. uary, 1901, all of which loop shall lie under the City Hall Park, including that portion of said Park known as Mail street, lying north of the Post Office Building and a portion of Park Row be- tween the south- end of Centre street and Beekman street. The Contractor covenants and agrees to construct the said last mentioned terminal loop in accordance with the said requirement hereby made, and covenants and admits that the said loop as so required is now lawfully and duly authorized by the Board, and the Contractor for himself, his successor or successors and assigns hereby covenants and agrees that neither he nor they nor any of them will either directly or indirectly claim or assert to the con- trary in any action or proceeding which may at any time be brought against him, or any of them, or which he or any of them may bring or to which he or any of them may be a party or par- ties, under or by reason of the said contract for construction and operation, or any provision thereof, Provided, however, that in case the Contractor shall at any time be lawfully required to con- struct a terminal loop as originally described in the contract for construction and operation, no part of the amount paid the Con- tractor for the construction of such part of the loop as hereby pro- vided to be constructed as is not coincident with the loop as so originally described, shall be charged against the Contractor as payment on account of the construction of the loop as originally described, but the work done in construction of the said part of the loop as hereby provided shall in such case be considered additional work under the said contract for construction and operation and allowed accordingly. PROVIDED FURTHER, AND IT is EXPRESSLY AGREED, that this agree- ment shall take effect when and only when the following consents hereto and approvals hereof shall be duly had, to wit, the con- sents as subjoined of Rapid Transit Subway Construction Com- pany; The United States Fidelity & Guaranty Company; The City Trust, Safe Deposit and Surety Company of Philadelphia; American Surety Company of New York ; National Surety Com- pany, ami Perry Belmont. In Witness whereof, this contract has been executed for the City of New York, by its Board of Rapid Transit Railroad Commissioners, under and by a resolution duly adopted by said Board concurred in by six of its members, and the seal of the said 192 OYv Hall Changes, etc. Board has been hereto affixed, and these presents signed by the President and Secretary of the said Board, and the Contractor has hereunto set his hand and seal the day and year first above written. JOHN B. McDONALD. [SEAL.] THE BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS, By A. E. ORR, President. BION L. BURROWS, Secy. [SEAL.] STATE OF NEW YORK, COUNTY OF NEW YORK/ On this I4th day of February, 1901, at the City of New York, in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Bur- rows, the secretary of the Board of Rapid Transit Railroad Com- missioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alex- ander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York, that he was the secretary of the said Board and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, Notary Public for Kings County, N. Y. Certificate filed in New York County. [NOTARIAL SEAL.] 193 City Hall Changes, etc. STATE OF NEW YORK. COUNTY OF NEW On this nth day of February, 1901, before me personally ap- peared John B. McDonald, to me known and known to me to be the person and Contractor named in and who executed the fore- going contract, and acknowledged to me that he executed the same. A. W. ANDREWS, Notary Public (34), N. Y. Co. [NOTARIAL SEAL.] The Undersigned, being the sureties of John B. Mc- Donald, the Contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000) and the bond for construction and equipment in the penalty of Five mil- lion dollars ($5,000,000) hereby consent to the making of the foregoing instrument. Dated New York, January loth, 1901. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, By W. G. OAKMAN, [SEAL.] Vice-Prest. Attest : FREDERICK EVANS, Secretary. THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, 160 BROADWAY, N. Y. JNO. A. SULLIVAN, Vice-President. P. H. MOONEY, [SEAL.] Asst. Secretary. AMERICAN SURETY COMPANY OF NEW YORK, By H. D. LYMAN, President. G. M. SWEENEY, Secretary. [SEAL.] 194 City Hall Changes, etc. THE UNITED STATES FIDELITY AND GUARANTY COMPANY, By JOHN R. BLAND, President. Attest : [SEAL.] WYLLYS BENEDICT, Attorney in Fact. NATIONAL SURETY COMPANY, By CHAS. A. DEAN, President. Attest : [SEAL.] BALLARD McCALL, Secretary. PERRY BELMONT. [SEAL.] STATE OF NEW YORK, ) COUNTY OF NEW On the nth day of February, 1901, before me personally ap- peared Perry Belmont, to me known and known to me to be the individual described in and who executed the foregoing consent, and he acknowledged to me that he executed the same. A. W. ANDREWS, [NOTARIAL SEAL.] Notary Public (34), N. Y. Co. STATE OF NEW YORK, ) COUNTY OF NEW YORK, ^ s On this 1 3th day of February, 1901, before me personally ap- peared John R. Bland, to me known, who being by me first duly sworn, did depose and say that he was the President of The United States Fidelity & Guaranty Company, the corporation de- scribed in and which executed the foregoing consent; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the nth day of February, 1901, before me personally appeared John A. Sullivan, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of The City Trust Safe Deposit and Surety Company of Philadelphia, the cor- 195 City Hall Changes, etc. poration described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal; that it was af- fixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. And also, on the eleventh day of February, 1901, before me person- ally appeared Henry D. Lyman, tp me known, "who being by me first duly sworn, did depose and say that he was the President of American Surety Company of New York, the corporation de- scribed in and which executed the foregoing consent; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the I4th day of February, 1901, before me personally appeared Charles A. Dean, to me known, who being by me first duly sworn, did depose and say that he was the President of National Surety Company of New York, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corpor- ate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the nth day of February, 1901, be- fore me personally appeared Walter G. Oakman, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of Rapid Transit Subway Construction Com- pany, the corporation described in and which executed the fore- going consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, Notary Public (34), [NOTARIAL SEAL.] N. Y. Co. Approval by Corporation Counsel. THE FOREGOING CONTRACT is HEREBY APPROVED AS TO FORM. Dated, New York, January , 1901. JOHN WHALEN, Corporation Counsel. 196 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. MCDONALD Contractor AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad Dated, May 2d, 1901 Executed, September, 1901 Siding and Terminals Agreement made this second day of May, in the year 1901, between the CITY OF NEW YORK, hereinafter called the City, act- ing by the Board of Rapid Transit Railroad Commissioners for the City of New York, hereinafter called the Board, party of the first part, and JOHN B. McDoNAU), of the City of New York, hereinafter called the Contractor, party of the second part, WITNESSETH : WHEREAS, Heretofore and on or about the 2ist day of Febru- arv, 1900, the City, acting- by the Board entered into a contract with the Contractor for the construction and operation of a Rapid Transit Railroad in the City of New York and other- wise as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation; which contract was on said day modified in certain respects by a further agreement between the said parties bearing the same date ; and which contract has been further modified by a cer- tain other agreement between the said parties, bearing date January 10, 1901 ; and WHEREAS, The Contractor has deposited with the Comptroller of the City certain security for the performance of the said con- tract for construction and operation on his part and has given certain bonds as further security for such performance and upon such bonds there are sureties as follows : Rapid Transit Subway Construction Company, The United States Fidelity & Guaranty Company, The City Trust, Safe Deposit and Surety Company of Philadelphia, American Surety Company of New York, National Surety Company, and Perry Belmont ; and WHEREAS, It is in said Contract for Construction and Opera- tion provided that the said Board of Rapid Transit Railroad Commissioners shall have the right for any section of the rail- road to require additional work to be done or additional ma- terials to be furnished or both, within the general purview of a rapid transit railroad as therein described, the reasonable value of which should be additionally paid to the contractor ; and WHEREAS, The Contractor desires, and the .Board approves, a modification of the said Contract for the Construction and Operation as set forth in certain resolutions, adopted by the 199 Siding and Terminals Board on May 2, 1901, a copy of which is hereto annexed, in order to provide for the additional construction of certain tracks as in said resolutions and herein described, NOW, therefore, in consideration of the premises, and subject to the consents hereinafter provided, it is agreed that the said contract be and the same is hereby modified as follows : In addition to the tracks to be laid as prescribed in the Speci- fications in said contract contained under the head "i. Gen- eral Description," the Contractor shall, at the time of con- structing the same, also lay and construct a sidetrack along the portion of the line of railroad as in said Specifications de- scribed, extending along the Boulevard (now Broadway) from a point at or near the north side of One Hundred and Third Street to the southerly side of One Hundred and Thirty- seventh Street, the same to be laid and constructed in accord- ance with plans and drawings to be prepared and issued by the Chief Engineer of the Board of Rapid Transit Railroad Com- missioners. And it is hereby AGREED that the reasonable value of constructing said sidetrack shall be deemed a part of the cost of constructing said rapid transit railroad, and shall be ascertained and determined and paid to the Contractor in the manner provided in the contract for the construction and operation of said rapid transit railroad in addition to the amounts in said contract agreed to be paid unto said Contractor, and such additional amounts so paid shall be included in the total cost of the construction of the said railroad in determin- ing the amount of rental to be paid under said contract in like manner as if said sidetrack had been originally authorized therein ; and WHEREAS, It is in said Contract for the Construction and Operation of the rapid transit railroad further provided that the Contractor shall locate and furnish terminal grounds sub- ject to the approval of said Board having a mileage of not less than five miles and capable of storing the equipment to be fur- nished under said- contract for which he is to be paid as speci- fied therein amounts not exceeding in all the sum of One million seven hundred and fifty thousand dollars ($1,750,000). 200 Siding and Terminals It is hereby agreed, that the Contractor shall construct as a part of such terminals three additional tracks on either side of the main track on the portion of the west side line, ex- tending along the Boulevard (now Broadway) between the station at One Hundred and Thirty-seventh street and the station at One Hundred and Forty-fifth street, and that the exact cost thereof, together with ten per cent. (10%) thereon in addition thereto shall be allowed and paid the Contractor, as in said contract provided, and charged against said Con- tractor as a payment on account of the total sum of One Million Seven Hundred and Fifty Thousand Dollars ($1,750,- ooo) allowed in said contract for terminals as aforesaid. PROVIDED, HOWEVER, and it is expressly AGREED that this agreement shall take effect when and only when the following consents hereto and the approvals hereof shall be duly had, to wit : The consents as subjoined of Rapid Transit Subway Con- struction Company, The United States Fidelity & Guaranty Company, The City Trust, Safe Deposit & Surety Company of Philadelphia, American Surety Company of New York, Na- tional Surety Company, and Perry Belmont. In witness whereof this contract has been executed for the City of New York by its Board of Rapid Transit Rail- road Commissioners under and by a resolution duly adopted by said Board, concurred in by more than six of its mem- bers, and the seal of the said Board has been hereto affixed and these presents signed by the president and secretary of the said Board and the Contractor has hereto set his hand and seal the day and year first above written. [SEAL.] JOHN B. MCDONALD. BOARD OF RAPID TRANSIT R. R. COMRS., By A. E. ORR, PREST. [SEAL.] BION L. BURROWS, SECY. 201 Siding and Terminals STATE OF NEW YORK. ) > ss * COUNTY OF NEW YORK,J On this 27th day of Sept., 1901, in the City of New York, in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, each to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Rail- road Commissioners for The City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof, and the said Bion L. Burrows, that he resided in the Borough of Manhattan in the said City, that he was the secretary of the said Board and that he subscribed his name thereto by like authority ; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopt- ed by the same. H. A. D. HOLLMANN, [SEAL] NOTARY PUBLIC FOR KINGS COUNTY, N. Y. Certificate filed in New York County. STATE OF NEW YORK, 1 ' COUNTY OF NEW On this 2Oth day of September, 1901, before me personally appeared John B. McDonald, to me known and known to me to be the person and Contractor named in and who executed the foregoing contract, and acknowledged to me that he executed the same. A. W. ANDREWS (36), [NOTARIAL] NOTARY PUBLIC, [ SEAL. ] N. Y. Co. 202 Siding and Terminals The Undersigned, being the sureties of John B. Mc- Donald, the Contractor above mentioned, upon the continuing bond in the penalty of One Million Dollars ($1,000,000) and the bond for construction and equipment in the penalty of Five Million Dollars ($5,000,000), respectively hereby consent to the mak- ing of the foregoing instrument. Dated, New York, September 2Oth, 1901. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, By W. G. OAKMAN, [SEAL.] VICE-PRESIDENT. [SEAL.] PERRY BELMONT. AMERICAN SURETY COMPANY OF NEW YORK, DAVID B. SICKELS, VICE-PRESIDENT. C. E. MILLEN, ASST. SECRETARY. [SEAL.] THE CITY TRUST, SAFE DEPOSIT AND SURETY COM- PANY OF PHILADELPHIA, 160 Broadway, N. Y. JNO. A. SULLIVAN, VICE-PRESIDENT. P. H. MOONEY, ASST. SECRETARY. [SEAL.] NATIONAL SURETY COMPANY, By CHAS. A. DEAN, PRESIDENT. ATTEST: [SEAL.] HENRY M. CHILDS, ' ASST. SECRETARY. THE UNITED STATES FIDELITY AND GUARANTY COMPANY, By ANDREW FREEDMAN, VICE-PRESIDENT. Attest : [SEAL.] G. TERRY SINCLAIR, ATTORNEY IN FACT. 203 Siding and Terminals STATE OF NEW YORK, COUNTY OF NEW YORK, On the 2Oth day of September, 1901, before me personally ap- peared Perry Belmont, to me known and known to me to be the individual described in and who executed the foregoing consent, and he acknowledged to me that he executed the same. A. W. ANDREWS (36), [NOTARIAL] NOTARY PUBLIC, [ SEAL. ] N. Y. Co. STATE OF NEW YORK, ) L gg COUNTY OF NEW YORK.J On this 26th day of September, 1901, before me personally ap- peared Andrew Freedman to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of The United States Fidelity & Guaranty Company of Maryland, the corporation described in and which executed the foregoing con- sent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. And also, on the 23d day of September, 1901, before me personally appeared John A. Sullivan to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of The City Trust, Safe Deposit and Surety Company of Philadel- phia, the corporation described in and which executed the fore- going consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the 23d day of September, 1901, before me personally appeared David B. Sickels to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of American Surety Company of New York, the corporation de- scribed in and which executed the foregoing consent; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the 25th 204 Siding and Terminals day of September, 1901, before me personally appeared Charles A. Dean, to me known, who being by me first duly sworn, did de- pose and say that he was "the President of National Surety Com- pany, the corporation described in and which executed the fore- going consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal, that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the 23d day of September, 1901, before me personally appeared Walter G. Oakman, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of Rapid Transit Subway Construction Company, the corporation described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, (36), [NOTARIAL] NOTARY PUBLIC, [ SEAL. ] N. Y. Co. Approval by Corporation Counsel. THE FOREGOING CONTRACT is HEREBY APPROVED AS TO FORM. Dated, New York, Sept. 16, 1901. JOHN WHALEN, CORPORATION COUNSEL. Resolution Adopted by the Rapid Transit Board on May 2, 1901. WHEREAS, This Board has heretofore and on or about the 25th day of April, 1901, received from John B. McDonald, con- tractor, a request as follows : " NEW YORK, April 25, 1.901. , To the Honorable Board of Rapid Transit Railroad Commis- sioners: GENTLEMEN : I have the honor to apply to the Board for per- mission to construct a siding from a point at or near the north 205 Siding and Terminals side of One Hundred and Third Street to the southerly side of One Hundred and Thirty-seventh Street. A part of this siding- has already be'en authorized by a resolu- tion adopted by the Board on January 24th last. Another part of the siding was authorized by a resolution of the Board passed March 7, 1901, approving- the construction as a part of the termi- nal of a third or storage track between One Hundred and Third and One Hundred and Sixteenth Streets. The construction of the proposed siding and the other sidings already authorized will not exceed in length one-quarter of a mile for each mile of roadway. I also apply for permission to construct three tracks as ter- minals on either side of the main track, between the stations of One Hundred and Thirty-seventh street and One Hundred and Forty-fifth street, and to expend therefor the cost of constructing the third or storage track, between One Hundred and Third street and One Hundred and Sixteenth street, as authorized by the reso- lution of the Board passed March 7, 1901. Yours respectfully, (Signed) JOHN B. McDONALD," and WHEREAS, This Board did, on the 7th day of March, 1901, adopt a certain resolution as follows : "RESOLVED, That the request of the contractor, John B. McDon- ald, for the construction of a third or storage track between the regular tracks of the west side line, between One Hundred and Third and One Hundred and Sixteenth streets, be granted, pro- vided that the cost thereof shall be deducted from the one million seven hundred and fifty thousand dollars, which is the maximum liability of the city for cost of terminals, and that a proper stipu- lation or contract modifying the Rapid Transit Contract in this 'respect be executed by the contractor and his sureties; and it is further RESOLVED, That the officers of this Board be and they hereby are authorized to execute with the contractor such contract with such stipulation or amendatory contract ;" and 206 Siding and Terminals WHEREAS, The construction hereinafter described is for the in- terest of the City and will materially improve rapid transit facil- ities on the routes now authorized ; now, therefore, it is RESOLVED, That the said resolution of 7th March, 1901, be and the same hereby is rescinded ; and it is further RESOLVED, That the President and Secretary, in the name and under the seal of this Board, be and they hereby are authorized to execute an amendatory contract modifying the contract for con- struction and operation, as follows : 1. That a side track be constructed on the portion of the route extending along the Boulevard (now Broadway), from a point at or near the north side of One Hundred and Third street to the southerly side of One Hundred and Thirty-seventh street; that the work of such construction shall be done and paid for as extra work under the contract for construction and operation ; that the cost thereof shall be deemed part of the cost of the Rapid Transit Railway, and that rental therefor is to be paid by the contractor in all respects as if said side track had been originally authorized by the contract for construction and operation made between the City and the said John B. McDonald. 2. That three additional tracks be constructed on either side of the main track on the portion of the route extending along the Boulevard (now Broadway), between the station at One Hundred and Thirty-seventh street and the station at One Hundred and Forty-fifth street; that such additional tracks be and be deemed part of the terminals provided for in the said contract for con- struction and operation, and that the cost thereof shall be deducted from the $1,750,000 which is the maximum liability of the City for cost of terminals. 3. That such amendatory contract contain such other details and provisions not inconsistent herewith as shall be approved by the President of the Board. 4. That such contract shall take effect when and only when the following consents and approvals shall have been duly had : Rapid Transit Subway Construction Company ; The United States Fi- delity and Guaranty Company ; The City Trust, Safe Deposit and Surety Company of Philadelphia ; American Surety Company of Xew York, National Surety Company and Perry Belmont. 207 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. MCDONALD Contractor AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad Dated, 10th April, 1902 Correcting Error in Contract Agreement made this tenth day of April, in the year 1902, between THE CITY OF NEW YORK, hereinafter called the City, act- ing by the Board of Rapid Transit Railroad Commissioners for the City of New York, hereinafter called the Board, party of the first part, and JOHN B. MCDONALD, of the' City of New York, hereinafter called the Contractor, party of the second part, WIT- NESSETH : WHEREAS, heretofore and on or about the 2ist day of Febru- ary, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a Rapid Transit Railroad in the City of New York and otherwise as there- in mentioned, the said contract being hereinafter styled the Con- tract for Construction and Operation ; which contract was on said day modified in certain respects by a further agreement between the said parties bearing the same date ; and which contract has been further modified by certain other agreements between the said parties respectively, bearing date June 21, 1900, January 10, 1901, and May 2, 1901 ; and WHEREAS, the Contractor has deposited with the Comptroller of the City certain security for the performance of the said Con- tract for Construction and Operation on his part and has given certain bonds as further security for such performance, and upon such bonds there are sureties as follows : Rapid Transit Subway Construction Company, The United States Fidelity & Guaranty Company, The City Trust, Safe Deposit and Surety Company of Philadelphia, American Surety Company of New York, National Surety Company, and Perry Belmont; and , WHEREAS, it is in said Contract for Construction and Operation provided as follows : "Between the hours of half-past eleven and one o'clock at night and between five and six o'clock in the morn- ing trains shall be run by the Contractor stopping at all stations at intervals of not less than ten ( 10) minutes. Between the hours of one o'clock and five o'clock in the morning trains shall be run stopping at all stations at intervals of not less than fifteen (15) minutes ;" and WHEREAS, it was the intention of the parties to the Contract for Construction and Operation at the time of its execution, which parties are also the parties to this agreement, that it should be provided in said Contract that between the hours of half-past 211 Correcting Error in Contract eleven and one o'clock at night and between five and six o'clock in the morning trains should be run stopping at all stations, at in- tervals of not more than ten (10) minutes, and that between the hours of one o'clock and five o'clock in the morning trains should be run stopping at all stations at intervals of not more than fifteen (15) minutes, and not, as it is at present provided in said Con- tract, that such intervals should be intervals of not less than ten (10) minutes and of not less than fifteen (15) minutes respec- tively ; NOW, therefore, in consideration of the premises, and subject to the consents hereinafter provided, it is agreed that the said Contract for Construction and Operation be and the same is hereby modified as follows : By striking from the Lease contained in the said Contract the following : "Between the hours of half-past eleven and one o'clock at night and between five and six o'clock in the morning trains shall be run by the Contractor stopping at all stations at intervals of not less than ten ( 10) min- utes. Between the hours of one o'clock and five o'clock in the morning, trains shall be run stopping at all stations at intervals of not less than fifteen (15) minutes." And by inserting in the said Lease, instead of the portion thereof thus struck out, the following, to wit: "Between the hours of half-past eleven and one o'clock at night and between five and six o'clock in the morning trains shall be run by the Contractor stopping at all stations at intervals of not more than ten (10) min- utes. Between the hours of one o'clock and five o'clock in the morning trains shall be run, stopping at all stations at intervals of not more than fifteen (15) minutes." PROVIDED, HOWEVER, and it is expressly agreed that this agree- ment shall take effect when and only when the following consents hereto shall be duly had, to wit : The consents as subjoined of Rapid Transit Subway Construc- tion Company, The United States Fidelity & Guaranty Company, The City Trust, Safe Deposit & Surety Company of Philadelphia, American Surety Company of New York, National Surety Com- pany, and Perry Belmont. In Witness whereof, this contract has been executed for the City of New York by its Board of Rapid Transit Railroad Commissioners under and by a resolution duly adopted by said 212 Correcting Error in Contract Board, concurred in by more than six of its members, and the seal of the said Board has been hereto affixed and these presents signed by the president and secretary of the said Board and the Con- tractor has hereto set his hand and seal the day and year first above written. BOARD OF RAPID TRANSIT R. R. COMMISSIONERS. By A. E. ORR, PRESIDENT. BION L. BURROWS [SEAL.] SECRETARY. JOHN B. McDONALD. [SEAL.] STATE OF NEW YORK, ) * ss * COUNTY OF NEW YORK.J On this first day of July, 1902, at the City of New York, in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Bur- rows the secretary of the Board of Rapid Transit Railroad Com- missioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alex- ander E. Orr that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Burrows that he resided in the Borough of Manhattan, in the said City, that he was the secretary of the said Board and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, [SEAL.] NOTARY PUBLIC FOR KINGS COUNTY, N. Y. Certificate filed in New York County. Correcting Error in Contract STATE OF NEW YORK. COUNTY OF NEW On this sixth of June, 1902, before me personally appeared John B. McDonald, to me known and known to me to be the per- son and Contractor named in and who executed the foregoing con- tract, and acknowledged to me that he executed the same. A. W. ANDREWS (36), [SEAL.] NOTARY PUBLIC, N. Y. Co. The Undersigned, being the sureties of John B. Mc- Donald, the Contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000) and the bond for construction and equipment in the penalty of Five mil- lion dollars ($5,000,000) hereby consent to the making of the foregoing instrument. Dated New York, April , 1902. RAPID TRANSIT SUBWAY CONSTRUCTION CO., By W. G. OAKMAN, V.- PRESIDENT/ THE UNITED STATES FIDELITY AND GUARANTY COMPANY, By ANDREW FREEDMAN, [SEAL] VICE-PRESIDENT. AMERICAN SURETY COMPANY OF NEW YORK, H. D. LYMAN, [SEAL.] PRESIDENT. H. B. ZEVELY, SECRETARY. THE CITY TRUST, SAFE DEPOSIT AND SURETY COM- PANY OF PHILADELPHIA, 160 Broadway, N. Y. P. H. MOONEY, VICE-PRESIDENT. [SEAL.] TIMOTHY E. COHALAN, ASST. SECRETARY. 214 Correcting Error in Contract NATIONAL SURETY COMPANY, By THO. F. GOODRICH, VICE-PRESIDENT. [SEAL.] ATTEST: BALLARD McCALL, SECRETARY. PERRY BELMONT, [SEAL.'] STATE OF NEW YORK. ) ; V. Qg . COUNTY OF NEW YORK,! On the sixth day of June, 1902, before me personally appeared Perry Belmont, to me known and known to me to be the individual described in and who executed the foregoing consent, and he ac- knowledged to me that he executed the same. # A. W. ANDREWS (36), NOTARY PUBLIC, N. Y. Co. STATE OF NEW YORK, ) COUNTY OF NEW YORK,} On this sixth day of June, 1902, before me personally appeared Andrew Freedman, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of United States Fidelity & Guaranty Company of Maryland, the corporation described in and which executed the foregoing con- sent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. And also, on the 6th day of June, 1902, before me personally appeared Patrick H. Mooney to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of The City Trust, Safe Deposit and Surety Company of Philadelphia, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal' of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. 215 Correcting Error in Contract And also, on the 6th day of June, 1902, before me personally ap- peared Henry I). Lyman to me known, who being by me first duly sworn, did depose and say that he was the President of American Surety Company of New York, the corporation de- scribed in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 6th day of June, 1902, before me personally appeared Thomas F. Goodrich, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of National Surety Company of New York, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, aijd that he signed his name thereto by like authority. And also on the 6th day of June 1902, before me personally appeared Walter G. Oakman, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of Rapid Transit Subway Construction Company, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A.W.ANDREWS (36), NOTARY PUBLIC, N. Y. Co. THE FOREGOING CONTRACT is HEREBY APPROVED AS TO FORM. Dated New York, June 2nd, 1902. G. L. RIVES, CORPORATION COUNSEL. 216 Assignment of Leasing Part of Manhattan - Bronx Contract to Interborough Rapid Transit Company Assignment to Interborough Co. This Agreement, made the loth day of July, 1902, by and between John B. McDonald, of the City, County and State of New York, hereinafter called the "Contractor," party of the first part, and Interborough Rapid Transit Company, a corporation duly or- ganized and existing under the laws of the State of New York, hereinafter called "Interborough Company," party of the second part, witnesseth : WHEREAS, The Contractor heretofore entered into a contract with The City of New York (acting by the Board of Rapid Tran- sit Railroad Commissioners for The City of New York), bearing date the 2ist day of February, 1900, for the construction, equip- ment and operation of a rapid transit railroad in The City of New York, which contract was thereafter modified in certain particulars by agreements between the said parties supplemental thereto and amendatory thereof, which agreements bear date the said 2ist day of February, 1900; the 2ist day of June, 1900; the loth day of January, 1901 ; and the 2d day of May, 1901, respectively, the said contract and agreements amendatory thereof and supplemental thereto being together hereinafter referred to as the rapid transit contract; and WHEREAS, The Interborough Company has been duly organized under the Railroad Law of this State for the purposes, among other things, of maintaining and operating the said railway, and has been approved in writing by the said Board of Rapid Transit Railroad Commissioners, pursuant to the provisions of chapter 4 of the Laws of 1891, as amended by chapter 544 of the Laws of 1902, and the Contractor desires to assign and transfer unto Inter- borough Company, and Interborough Company desires to accept an assignment of so much of the rapid transit contract as provides for the maintenance and operation of the said railway, including the obligation to provide an equipment for the same, subject to all the terms and conditions in said contract contained with respect to such maintenance and operation, and with respect to the equip- ment of the said railroad. NOW, therefore, in consideration of the premises, and for a valuable consideration by Interborough Company to the Con- tractor in hand paid, the receipt whereof is hereby acknowledged, the Contractor has sold, assigned, transferred, conveyed and set over, and does hereby sell, assign, transfer, convey and set over 219 Assignment to Interborough Co. unto Interborough Company so much of the rapid transit contract as provides for the maintainence and operation of the said rapid transit railroad (including the equipment thereof) and does hereby assign unto the Interborough Company the right or obliga- tion to maintain and operate the said road or roads in the rapid transit contract described, for and during the remainder of the term of years specified in such contract, and all rights with respect to such maintenance and operation, or included in the leasing provisions of such contract, subject to all the terms and conditions therein stated, together with all obligations assumed by the Con- tractor in and by the said rapid transit contract with respect to the equipment of the said railroad ; and from and after the execu- tion hereof the Interborough Company shall be entitled to have and receive all sums of money due or to come due from The City of New York under said contract for the equipment of the said railroad or any part thereof, or for the maintenance and operation of the same, and shall have and enjoy all rights, privileges, emolu- ments and benefits arising under or because of the provisions for the equipment of the said railroad, and for the maintenance and operation thereof as in said contract provided, as fully as the Con- tractor might or could have and enjoy if this assignment were not made. The Interborough Company on its part does hereby assume all of the obligations of the Contractor under or by reason of the rapid transit contract with respect to the equipment of the said railroad and every portion thereof, and all obligations whatsoever of the Contractor under or by reason of the leasing provisions of said contract, and all obligations which relate in any way to the maintenance or operation of the said railroad in said coptract described, and does hereby agree to carry out and perform each and every of the said obligations as fully as the Contractor has been or is bound to do in and by the said contract. The Interborough Company further agrees to well and truly indemnify and save harmless the Contractor of and from any liability, claim or demand arising under such portions of the rapid transit contract as are hereby assigned, or any portion thereof. This agreement shall bind the parties hereto, their respective heirs, executors, administrators, successors and assigns.. It is, however, understood and agreed that this assignment shall not take effect until the same shall be consented to in writing 22O Assignment to Interborough Co. by the said Board of Rapid Transit Railroad Commissioners, and such assignment and consent shall in no respect affect the security or securities for the performance of the rapid transit contract or any part thereof by the Contractor. Provided, further, and it is expressly agreed, that this agree- ment shall take effect when, and only when, the following con- sents hereto and approvals hereof shall be duly had to wit, the consents as subjoined of Rapid Transit Subway Construction Company, The United States Fidelity and Guaranty Company, the City Trust, Safe Deposit and Surety Company, of Philadelphia; American Surety Company, of New York ; National Surety Com- pany and Perry Belmont. In witness whereof, the party hereto of the first part has hereunto set his hand and seal, and the party hereto of the second part has caused these presents to be duly signed by its proper officers under its corporate seal, the day and year first above written. JOHN B. MCDONALD, [ L . s.] INTERBOROUGH RAPID TRANSIT COMPANY, By AUGUST BELMO'NT, PRESIDENT. ATTEST : FREDERICK EVANS, SECRETARY. STATE OF NEW YORK, } ' ss ' COUNTY OF NEW YORK, ^ On this 1 7th day of July, 10/32, before me personally came John B. McDonald, to me known, and known to me to be the individual described in and who executed the foregoing instrument, and to me acknowledged that he executed the same. GEORGE A. STEVES, NOTARY PUBLIC (114), County of Kings. STATE OF NEW YORK, 1 ss * COUNTY OF NEW On this nth day of July, 1902, before me personally came August Belmont, to me known, who being by me duly sworn, did depose and say, that he resided in the Town of Hempstead, 221 Assignment to Interborough Co. Nassau County, New York ; that he is President of the Interbor- ough Rapid Transit Company, the corporation described in and which executed the above instrument ; that he knew the seal of the said corporation ; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name there- to by like order. CHAS. W. SANDFORD, NOTARY PUBLIC (20), County of Kings. The Board of Rapid Transit Railroad Commissioners for The City of New York does hereby consent to the foregoing assign- ment. Dated, New York, July 18, 1902. THE BOARD OF RAPID TRANSIT RAILROAD COM- MISSIONERS FOR THE CITY OF NEW YORK. By A. E. ORR, PRESIDENT. BION L. BURROWS, SECRETARY. STATE OF NEW YORK, I ' ss ' COUNTY OF NEW On this 4th day of September, 1902, at The City of New York, in said county, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known, and known to me to be the said Alexander E. Orr, the President, and the said Bion L. Burrows, the Secretary, of the Board of Rapid Transit Railroad Commis- sioners for The City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself, and not one for the other, the said Alexander Orr, that he resided in the Borough of Brooklyn, in the said city, that he was the President of the said Board, and that he subscribed his name to the foregoing consent by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Manhattan, in the said City of New York, that he was the Secretary of the said Board, and that he subscribed his name thereto by like authority ; and both the said Alexander E. Orr and Bion L. Burrows, that they knew the seal of the said Board, that 222 Assignment to Interborough Co. one of the seals affixed to the above instrument was such seal, and that the same was affixed to the foregoing instrument by the order of the said Board and of a resolution duly adopted by the same, and that they signed their names thereto by like order. SEYMOUR K. FULLER, NOTARY PUBLIC (14), Certificate filed in New York County. Kings County. We hereby consent to the foregoing assignment. Dated New York, July 17, 1902. AUGUST BELMONT & CO. On this i /th day of July, 1902, before me personally appeared August Belmont, to me known, and known to me to be a mem- ber of the firm of August Belmont & Co., described in and which executed the foregoing consent, and who acknowledged to me that he executed the same as and for the act and deed of the said firm. CHAS. W. SANDFORD, NOTARY PUBLIC (20), Kings County. Certificate filed in New York County. The Undersigned, being the sureties of John B. McDonald, the Contractor above mentioned, upon the continuing bond in the penalty of one million dollars ($1,000,000), and the bond for con- struction and equipment in the penalty of five million dollars ($5,000,000), hereby consent to the making of the foregoing in- strument. Dated, New York, July 18, 1902. RAPID TRANSIT SUBWAY CONSTRUCTION COM- PANY, By AUGUST BELMONT, PRESIDENT. THE UNITED STATES FIDELITY AND GUARANTY COMPANY, By SYLVESTER J. O'SULLIVAN, MANAGER. CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY, By ADRIAN T. KIERNAN, VICE PRESIDENT. AMERICAN SURETY COMPANY, By H. D. LYMAN, PRESIDENT. NATIONAL SURETY COMPANY, By CHAS. A. DEAN, PRESIDENT. PERRY BELMONT. 223 Assignment to Interborough Co. STATE OF NEW YORK, ) ss * COUNTY OF NEW YORK,} On the 2ist day of July, 1902, before me personally appeared Perry Belmont, to me known, and known to me to be the indi- vidual described in and who executed the foregoing consent, and who to me acknowledged that he executed the same. A. W. ANDREWS, NOTARY PUBLIC (36), New York County. STATE OF NEW YORK, ) ' ss * COUNTY OF NEW YORK,} ,., .. , On the 2ist day of July, 1902, before me personally appeared Sylvester J. O'Sullivan, to me known, who being by me first duly sworn, did depose and say, that he resided in the Borough of Man- hattan, City of New York, and was the Manager of the United States Fidelity and Guaranty Company, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal; that it was af- fixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like order. And also, on the 2 ist day of July, 1902, before me personally appeared Adrian T. Kiernan, to me known, who being by me first duly sworn, did depose and say, that he resided in the Borough of Manhattan, City of New York, and was the Vice-President of the City Trust, Safe Deposit and Surety Company, of Philadelphia, one of the corporations described in and which executed the foregoing con- sent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like order. And also, on the i8th day of July, 1902, before me personally appeared Henry D. Lyman, to me known, who being by me first duly sworn, did depose and say, that he resided in the Borough of Manhattan, City of New York, and was the President of American Surety Company, of New York, one of the corporations described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like order. And also, on the 2ist day of July, 1902, 224 Assignment to Interborough Co. before me personally appeared Charles A. Dean, to me known, who being by me first duly sworn, did depose and say, that he resided in the Borough of Manhattan, City of New York, and was the President of National Surety Company, of New York, one of the corporations described in and which executed the foregoing con- sent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like order. And also, on the i8th day of July, 1902, before me personally appeared August Belmont, to me known, who being by me first duly sworn, did depose and say, that he resided in the Town of Hempstead, Nassau County, New York, and was the President of Rapid Transit Subway Construction Company, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like order. A. W. ANDREWS, NOTARY PUBLIC (36), New York County. STATE OF NEW YORK. ) * ss ' COUNTY OF NEW YORK, ^ On this 3oth day of July, in the year 1902, before me personally came John R. Bland, to me known, who being by me duly sworn, did depose and say, that he resided in the City of Baltimore, in the State of Maryland; that he is President of The United States Fidelity and Guaranty Company, one of the corporations described herein and which executed the above instrument; that he knew the seal of the said corporation ; that one of the seals affixed to said instrument was such corporate seal ; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. A. W. ANDREWS, NOTARY PUBLIC (36), New York County. 225 Assignment to Interborough Co. Agreement made this loth day of July, 1902, by and be- tween The City of New York (acting- by its Board of Rapid Transit Railroad Commissioners), party of the first part, John B. McDonald, party of the second part, and Interborough Rapid Transit Company, a corporsrtion duly organized and existing under the laws of the State of New York, party of the third part, wit- nesseth : WHEREAS, The said John B. McDonald heretofore entered into a contract with The City of New York (acting by the Board of Rapid Transit Railroad Commissioners for The City of New York), bearing date the 2ist day of February, 1900, for the con- struction, equipment and operation of a rapid transit railroad in The City of New York, which contract (hereinafter called the rapid transit contract) was thereafter modified by certain agree- ments supplemental thereto and amendatory thereof; and WHEREAS, The said John B. McDonald has assigned, or is about to assign, unto Interborough Rapid Transit Company, by an instrument bearing even date herewith, consented to or to be con- sented to in writing by the sureties upon all bonds and undertak- ings given by the said John B. McDonald pursuant to said con- tract, so much of the said contract as provides for the maintenance and operation of the railway therein described, including the obli- gation to provide all equipment for the same, subject to all the terms and conditions in said contract contained with respect to such maintenance and operation, and with respect to the equip- ment of the said railroad, to which assignment reference is hereby had, and the said parties have requested the said Board of Rapid Transit Railroad Commissioners to consent to the said assignment as provided by law ; and WHEREAS, The said Board of Rapid Transit Railroad Commis- sioners is willing to consent to such assignment, but only upon the execution and delivery to said Board for said City of this in- strument. Now, therefore, in consideration of the premises and of the covenants hereinafter contained, The City of New York, by its said Board of Rapid Transit Railroad Commissioners, hereby consents to the said assignment to Interborough Rapid Transit Company, and to the execution of the said instrument bearing even date herewith. 226 Assignment to Interborough Co. And the said Interborough Rapid Transit Company hereby covenants to and with The City of New York that it is, and shall hereafter in all respects be, bound to The City of New York, with respect to the equipment of the said railroad mentioned in the said instrument and every portion thereof and all obligations whatso- ever of the contractor under or by reason of the leasing provisions of said rapid transit contract and all obligations thereof or there- under which relate in any way to the maintenance or operation of the railroad in the said rapid transit contract described, and does hereby agree to carry out and perform each and every of the said obligations as fully as the contractor has been or is bound to do in and by the said rapid transit contract. And the said Interborough Rapid Transit Company further covenants to and with the City that the said John B. McDonald, his executors, administrators and assigns, shall fully perform all the obligations and compjy with all the provisions and terms of said contract which are not assigned to and assumed by said Interborough Rapid Transit Company in and by the said instrument bearing even date here- with. This agreement shall bind the parties hereto, their respective heirs, executors, administrators, successors and assigns. Provided, further, and it is expressly agreed, that this agreement shall take effect when, and only when, the following consents hereto and approvals hereof shall be duly had to wit, the consents as subjoined of Rapid Transit Subway Construction Company, The United States Fidelity and Guaranty Company, the City Trust, Safe Deposit and Surety Company, of Philadelphia; American Surety Company, of New York ; National Surety Com- pany and Perry Belmont. 227 Assignment to Interborough Co. In witness whereof, the party .of the first part has caused these presents to be duly executed by its said Board of Rapid Transit Railroad Commissioners under the seal of the said Board, the party of the second part has hereunto set his hand and seal, and the party of the third part has caused these presents to be duly executed by its proper officers under its corporate seal, the day and year first above written. THE CITY OF NEW YORK, By THE BOARD OF RAPID TRANSIT RAILROAD COM- MISSIONERS OF THE CITY OF NEW YORK, By A. E. ORR, PRESIDENT. ATTEST : [SEAL.] BION L. BURROWS, SECRETARY. INTERBOROUGH RAPID TRANSIT COMPANY, By AUGUST BELMONT, PRESIDENT. ATTEST : [SEAL.] FREDERICK EVANS, SECRETARY. JOHN B. MCDONALD. STATE OF NEW YORK, ) i COUNTY OF NEW On this i /th day of July, 1902, before me personally appeared John B. McDonald, to me known, and known to me to be the in- dividual described in and who executed the foregoing instrument, and who to me acknowledged that he executed the same. GEORGE A. STEVES, NOTARY PUBLIC (114), Kings County. Certificate filed in New York County. STATE OF NEW YORK, ) y cc COUNTY OF NEW YORK,} On this nth day of July, in the year 1902, before me personally came August Belmont, to me known, who being duly sworn, did depose and say, that he resided in Hempstead, Nassau County, New York; that he is the President of the Interborough Rapid Transit Company, the corporation described in and which executed the above instrument ; that he knew the seal of the said corpora- 228 Assignment to Interborough Co. tion; that the seal affixed to said instrument was such corporate seal ; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. CHAS. W. SANDFORD, NOTARY PUBLIC (20), Kings County. Certificate filed in New York County. STATE OF NEW YORK,, ) l- SS * COUNTY OF NEW YORK, On this 4th day of September, 1902, at The City of New York, in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known, and known to me to be the said Alexander E. Orr, the President, and the said Bion L. Bur- rows, the Secretary of the Board of Rapid Transit Railroad Com- missioners for The City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself, and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the President of the said Board, and that he subscribed his name to the foregoing consent by virtue of the authority thereof; and the said Bion L. Burrows, that he re- sided in the Borough of Manhattan, in the said City of New York, that he was the Secretary of the said Board, and that he subscribed his name thereo by like authority; and both the said Alexander E. Orr and Bion L. Burrows, that they knew the seal of the said Board, that one of the seals affixed to the above instrument was such seal, and that the same was affixed to the foregoing instru- ment by the order of the said Board and of a resolution duly adopted by the same, and that they signed their names thereto by like order. SEYMOUR K. FULLER, NOTARY PUBLIC (14), Kings County. Certificate filed in New York County. The Undersigned, being the sureties of John B. McDonald, the Contractor above mentioned, upon the continuing bond in the penalty of one million dollars ($1,000,000) and the bond for con- 229 Assignment to Interborough Co. struction and equipment in the penalty of five million dollars ($5,000,000), hereby consent to the making of the foregoing instrument. Dated, New York, July 18, 1902. RAPID TRANSIT SUBWAY CONSTRUCTION COM- PANY, [SEAL.] By AUGUST BELMONT, PRESIDENT. THE UNITED STATES FIDELITY AND GUARANTY COMPANY, [SEAL.] By SYLVESTER J. O'SULLIVAN, MANAGER. ATTEST : LEONIDAS DENNIS, ATTORNEY IN FACT. JOHN R. BLAND, PRESIDENT. GEORGE R. CALLIS, SECRETARY. CITY TRUST, SAFE DEPOSIT AND' SURETY COMPANY, [SEAL.] By ADRIAN T. KIERNAN, VICE-PRESIDENT. AMERICAN SURETY COMPANY, [SEAL.] By H. D. LYMAN, PRESIDENT. ' NATIONAL SURETY COMPANY, By CHAS. A. DEAN, PRESIDENT. PERRY BELMONT. STATE OF NEW YORK, ) * ss * COUNTY OF NEW YORK,( On the 2ist day of July, 1902, before me personally appeared Perry Belmont, to me known, and known to me to be the individ- ual described in and who executed the foregoing consent, and who to me acknowledged that he executed the same. A. W. ANDREWS, NOTARY PUBLIC (36), New York County. STATE OF NEW YORK, 1 f SS. '. COUNTY OF NEW YORK,} On the 2ist day of July, 1902, before me personally appeared Sylvester J. O'Sullivan, to me known, who being by me first duly 230 Assignment to Interborough Co. sworn, did depose and say, that he resided in the Borough of Manhattan, City of New York, and was the Manager of The United States Fidelity and Guaranty Company, one of the cor- porations described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like order. And also, on the 2ist day of July, 1902, before me personally appeared Adrian T. Kiernan, to me known, who being by me first duly sworn, did depose and say, that he resided in the Borough of Man- hattan, City of New York, and was the Vice-President of the City Trust, Safe Deposit and Surety Company, of Philadelphia, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like ordei And also, on the i8th day of July, 1902, before me personally ap- peared Henry D. Lyman, to me known, who being by me first duly sworn, did depose and say, that he resided in the Borough of Man- hattan, City of New York, and was the President of American Surety Company, of New York, one of the corporations described in and which executed the foregoing consent ; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like order. And also, on the 2ist day of July, 1902, before me personally appeared Charles A. Dean, to me known, who being by me first dulyk sworn, did depose and say, that he resided in the Borough of Manhattan, City of New York, and was the President of National Surety Company, of New York, one of the corporations described in and which executed the foregoing consent ; that he knew the corporate seal of said com- pany ; that one of the seals affixed to said consent was such cor- porate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like order. And also, on the i8th day of July, 1902, before me personally appeared August Belmont, to me known, who being by me first duly sworn, did depose and say, that he resided in Hemp- stead, Nassau County, New York, and was the President of Rapid 231 Assignment to Interborough Co. Transit Subway Construction Company, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like order. A. W. ANDREWS, NOTARY PUBLIC (36), New York County. STATE OF NEW YORK, 1 ' ss * COUNTY OF NEW YORK, On this 3Oth day of July, in the year 1902, before me personally came John R. Bland, to me known, who being by me duly sworn, did depose and say, that he resided in the city of Baltimore, in the State of Maryland ; that he is the President of the United States Fidelity and Guaranty Company, one of the corporations described in and which executed the above instrument ; that he knew the seal of said corporation ; that one of the seals affixed to said instru- ment was such corporate seal, and that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. A. W. ANDREWS, NOTARY PUBLIC (36), New York County. [Copy resolution Board of Directors, The United States Fidelity and Guaranty Company, authorizing Sylvester J. O'Sul- livan to sign for company, also attached.] 232 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. MCDONALD Contractor AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad Dated, July 21st, 1902 Executed, 1902 Bergen Ave. Change of Route Agreement made this twenty-first day of July, in the year Nineteen hundred and two, between THE CITY OF NEW YORK (hereinafter called the City), acting by the Board of Rapid Transit Railroad Commissioners for the City of New York (hereinafter called the Board), party of the first part, and JOHN B. MCDONALD, of The City of New York (hereinafter called the Contractor), party of the second part: WHEREAS, Heretofore and on or about the 21 st day of Febru- ary, 1900, the City, acting- by the Board, entered into a con- tract with the Contractor for the construction and operation of a Rapid Transit Railroad in the City of New York and otherwise, as therein mentioned, the said contract being here- inafter styled the Contract for Construction and Operation ; and WHEREAS, The said Contract and the Routes and General Plan hereinafter mentioned have been since modified by agree- ment duly made between the City and the Contractor, with the consent of the sureties hereinafter mentioned ; and WHEREAS, The Contractor has deposited with the Comp- troller of the City certain security for the performance of the said Contract for Construction and Operation on his part and has given certain bonds as further security for such per- formance and upon such bonds there are sureties as follows: Rapid Transit Subway Construction Company, The United States Fidelity & Guaranty Company, The City Trust Safe Deposit & Surety Company of Philadelphia, American Surety Company of New York, National Surety Company and Perry Belmont ; and WHEREAS, By written instruments bearing date the tenth day of July, 1902, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right or obligation to maintain and operate the said Rapid Transit Railroad for the term of years specified in the said contract and all rights included in the leasing provisions of the said contract, together with the obligation to provide equipment for the said railroad, unto Interborough Rapid Transit Company, which Company also guaranteed the per- formance by the Contractor of the provisions of his said contract not so assigned to it; and 335 * Bergen Ave. Change of Route WHEREAS, The Contractor desires, and the Board approves, a further modification of the Routes and General Plan for the Rapid Transit Railroad referred to in the said Contract for Construction and Operation as set forth in certain resolu- tions adopted by the Board on 25th June, 1902, a copy of which is hereto annexed ; Now, therefore, in consideration of the premises and sub- ject to the consents hereinafter provided, it is agreed that the said Contract for Construction and Operation and the Routes and General Plan therein mentioned be, and the same hereby are, further modified as follows : By striking from the said Routes the portion thereof in words as follows, to wit: "thence with a curve to the left and under Third avenue to a point near its intersection with Westchester avenue, thence with a curve to the right to and under Westchester avenue." And by inserting in the said Routes, instead of the portion thus struck out, the following words, to wit: "thence crossing Third avenue and under East One Hundred and Forty-ninth street and Bergen avenue upon a curve to a point in the tri- angular block bounded by Bergen avenue, Gerard street and East One Hundred and Forty-ninth street; at that point be- ginning to emerge from the ground and thence upon a via- duct across Gerard street and on or over private property in the block bounded by Westchester avenue, Brook avenue, East One Hundred and Forty-ninth street, Gerard street and Bergen avenue (crossing, if necessary, part of Brook avenue) to Westchester avenue." The general plan of construction of the portion of the route hereby substituted shall be as follows : The tracks shall be placed in tunnel from the westerly end of such portion to a point on private property or on Gerard street, between Bergen avenue and East One Hundred and Forty-ninth street, and easterly over the rest of the portion of the route hereby substituted shall be carried upon a via- duct. The railroad may on the portion of the route between Third avenue and Westchester avenue occupy any portion of any of the streets of the route, but the railroad shall not at 1 236 Bergen Ave. Change of Route any place exceed thirty (30) feet in width. There shall be at least two parellel tracks, with the right at any time to add a third track in the discretion of the Board of Rapid Transit Railroad Commissioners. And it is further agreed that in all other respects the pro- visions of the General Plan of Construction set forth in the said Contract for Construction and Operation shall be ap- plicable to the portion of the route -hereby substituted ; and it is further agreed that the Contractor shall become entitled to additional payment for such additional work and materials as shall be made necessary by the changes hereby provided and the City shall become entitled to abatement from the contract price by reason of the diminution in work and ma- terials by reason of such changes, the amounts of such addi- tional payments and such diminutions to be determined as provided in Chapter II of the said Contract for Construction and Operation : PROVIDED, however, and it is expressly agreed that this agree- ment shall take effect when and only when the following con- sents hereto and approvals hereof shall be duly had, to wit: 1. The consents as subjoined of Rapid Transit Subway Con- struction Company, The United States Fidelity & Guaranty Comipany, The City Trust Safe Deposit & Surety Company of Philadelphia, The American Surety Company of New York, National Surety Company, Perry Belmont and Interborough Rapid Transit Company. 2. The consent of the Board of Aldermen of the City of New York. 3. The consent of the Mayor of the City of New York. 4. The consent of the owners of a majority in value of the property along streets or such portions of streets as are in- cluded in the portion of routes by this agreement proposed to be substituted as aforesaid, or if such consent cannot be obtained, then, in lieu thereof, the determination of three commissioners to be appointed by the Appellate Divisipn of the Supreme Court duly confirmed by the said Appellate Di- vision. The plan hereto annexed is intended to show the modifica- tion of the routes as hereby proposed. 237 Bergen Ave. Change of Route In witness Whereof this contract has been executed for the City of New York, by its Board of Rapid Transit Rail- road Commissioners, under and by a resolution duly adopted by said Board, concurred in by more than six of its members, and the seal of the Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the Con- tractor has hereto set his hand and seal, the day and year first above written. THE BOARD OF RAPID* TRANSIT RAILROAD COMMISSIONERS, By A. E. ORR, PRESIDENT. BION L. BURROWS, SECRETARY. [SEAL.] JOHN B. McDONALD, [SEAL.] STATE OF NEW YORK, ) v SS * COUNTY OF NEW YORK.J On this 7th day October, 1902, at the City of New York, in . c aid County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Bur- rows, the secretary of the Board of Rapid Transit Railroad Com- missioners for the City of New York; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alex- ander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Manhattan, in the said City, that he was the secretary of the said Board and that he subscribed his name there- to by like authority ; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same, was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. SEYMOUR K. FULLER, [SEAL.] NOTARY PUBLIC Kings Co., Cert, filed in New York Co. 238 Avt, Change of Route STATE OF NEW YORK, J COUNTY OF NEW YORK,J On this 6th day of October, 1902, before me personally ap- peared John B. McDonald, to me known and known to me to be the person and Contractor named in and who executed the fore- going contract, and acknowledged to me that he executed the same. A. W. ANDREWS (36), [SEAL.] NOTARY PUBLIC, N. Y. Co. The Undersigned being the sureties of John B. McDon- ald, the Contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000) and the bond for construction and equipment in the penalty of Five million dollars ($5,000,000) hereby consent to the making of the foregoing in- strument. Dated New York, October 6th, 1902. RAPID TRANSIT SUBWAY CONSTRUCTION CO., By AUGUST BELMONT, PRESIDENT. ATTEST : FREDERICK EVANS, SECRETARY. [SEAL.] PERRY BELMONT, [SEAL.] THE UNITED STATES FIDELITY AND GUARANTY COMPANY, By ANDREW FREEDMAN, VICE-PRESIDENT. [SEAL.] ATTEST : G. TERRY SINCLAIR, ATTORNEY IN FACT. [SEAL.] 239 Bergen Ave. Change of Route AMERICAN SURETY COMPANY OF NEW YORK, DAVID B. SICKLES, VICE-PRESIDENT. HENRY TOFTS, ASSISTANT SECRETARY. [SEAL.] THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, 160 Broadway, N. Y. A. T. KIERNAN, VICE-PRESIDENT. P. H. MOONEY, ASST. SECRETARY. [SEAI,.] NATIONAL SURETY COMPANY, By CHAS. A. DEAN, PRESIDENT. ATTEST : BALLARD McCALL, SECRETARY. [SEAL.J STATE OF NEW YORK. ) L ss COUNTY OF NEW YORK, ^ On the 6th day of October, 1902, before me personally appeared Perry Belmont, to me known and known to me to be the indi- vidual described in and who executed the foregoing consent, and he acknowledged to me that he executed the same. A. W. ANDREWS (36), [SEAL.] NOTARY PUBLIC, N. Y. Co. STATE OF NEW YORK. COUNTY OF NEW YORK, On this 6th day of October, 1902, before me personally ap- peared Andrew Freedman, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of The United States Fidelity & Guaranty Company, the corpora- tion described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals 240 Bergen Ave. Change of Route affixed to said consent was such corporate seal; that it was af- fixed thereto by order of the Board of Directors of such company, and that he signed his name {hereto by like authority. And also, on the 6th day of October, 1902, before me personally appeared Adrian T. Kiernan, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of The City Trust Safe Deposit and Surety Company of Philadelphia, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like au- thority. And also, on the 6th day of October, 1902, before me personally appeared Daniel B. Sickles to me known, who being by me first duly sworn, did depose and say that he was the Vice- President of American Surety Company of New York, the cor- poration described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. And also,' on the 6th day of October, 1902, before me personally ap- peared Charles A. Dean, to me known, who being by me first duly sworn, did depose and say that he was the President of 'National Surety Company of New York, the corporation described in and which executed the foregoing consent; that he knew the cor- porate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the 6th day of Oc- tober, 1902, before me personally appeared August Belmont, to me known, who being by me first duly sworn, did depose and say that he was the President of Rapid Transit Subway Construction Company, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal of said com- pany; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like au- thority. [SEAL.] A. W. ANDREWS (36), NOTARY PUBLIC, N. Y. Co. 241 Bergen Ave. Change of Route The Undersigned being the assignee of John B. Mc- Donald, the Contractor above mentioned, of the right or obligation to maintain and operate the said rapid transit railroad for the term of years specified in said Contract for Construction and Opera- tion, and all rights included in the leasing provisions of the said Contract, together with the obligation to provide equipment for the said Railroad, hereby CONSENTS to the making of the forego- ing instrument. Dated, New York, October 6th, 1902. INTERBOROUGH RAPID TRANSIT CO., By AUGUST BELMONT, PRESIDENT. [SEAL.] ATTEST : FREDERICK EVANS, SECRETARY. STATE OF NEW YORK, 1 SS " COUNTY OF NEW YORK,^ On this 6th day of October 1902, before me personally ap- peared August Belmont to me known, who being by me first duly sworn, did depose and say, that he resided in the County of Nas- sau, in the State of New York ; that he is President of Interbor- ough Rapid Transit Company, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal of said Company; that the seal affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. A. W. ANDREWS (36). [SEAL.] NOTARY PUBLIC, N. Y. Co. Approval by Corporation Counsel. THE FOREGOING CONTRACT is HEREBY APPROVED AS TO FORM. Dated, New York, October 3d, 1902. G. L. RIVES, CORPORATION 242 Bergen Ave. Change of Route Resolution of June 25th, 1902. \YIIKKKAS, this Board did, on the I4th day of January, 1897, and 4th day of February, 1897, adopt certain Routes and General Plan for a rapid transit railroad in the City of New York, a copy of which is hereto annexed entitled "Copy Routes and General Plan ;" and WHEREAS, the said Routes and General Plan were after- wards duly approved by the municipal authorities of the City of New York, and were duly consented to by commissioners appointed by the Appellate Division of the Supreme Court, which consent was duly confirmed by the said Appellate Di- vision, in lieu of the consent of the owners of a majority in value of the property along the said routes; and WHEREAS, thereafter, and on or about the 2ist day of February, 1900, the City of New York did by this Board enter into a certain contract with John B. McDonald for the con- struction and operation of the said rapid transit railroad ; and WHEREAS, it is the interest of the City of New York and, in the opinion of the said John B. McDonald, it is likewise in his interest as such" contractor, and he desires that said Routes and Plan shall be changed in the respect hereinafter mentioned, but without other change in the said Routes and General Plan. Now, therefore, it is RESOLVED, That, subject to the consents and approvals to be first obtained as in this resolution hereinafter mentioned, the said Routes and General Plan heretofore adopted by this Board be, and they hereby are, modified as follows: By striking from the said Routes the portion thereof in words as follows, to wit : "thence with a curve to the left and under Third avenue to a point near its intersection with Westchester avenue, thence with a curve to the right to and under Westchester avenue." And by inserting in the said Routes, instead of the portion thus struck out, the following words, to wit : "thence cross- ing Third avenue and under East One Hundred and Forty- ninth street and Bergen avenue upon a curve to a point in the triangular block bounded by Bergen avenue, Gerard street and East One Hundred and Forty-ninth street; at that point 243 Bergen Ave. Change of Route beginning to emerge from the ground, and thence upon viaduct across Gerard street and on or over private property in the block bounded by Westchester avenue, Brook avenue, East One Hundred and Forty-ninth street, Gerard street and Bergen avenue (crossing, if necessary, a part of Brook ave- nue) to Westchester avenue." The general plan of construction of the portion of the route hereby substituted shall be as follows: The tracks shall be placed in tunnel from the westerly end of such portion to a point on private property or on Gerard street, between Bergen avenue and East One Hundred and Forty-ninth street, and easterly over the rest of the portion of the route hereby substituted shall be carried upon a via- duct. The railroad may on the portion of the route between Third avenue and Westchester avenue occupy any portion of any of the streets of the route, but the railroad shall not at any place exceed thirty feet in width. There shall be at least two parallel tracks, with the right at any time to add a third track in the discretion of the Board of Rapid Transit Railroad Commissioners. In other respects the provisions of the said General Plan of Construction adopted on I4th January and 4th February, 1897, shall be applicable to the portion of the route hereby substituted ; and it is further RESOLVED, That whereas this Board has duly made the in- quiries and investigation necessary or proper in the premises, and has determined that the modification aforesaid of the said Routes and General Plan is necessary for the interests of the public and of the City of New York and should be established as hereinafter provided, this Board does hereby determine and establish the said Routes and General Plan as hereby modified, subject to the consents and approvals to be first obtained as hereinafter mentioned ; and it is further RESOLVED, That the said modification of the Routes and General Plan shall take effect only upon and after the fol- lowing consents thereto and approvals thereof shall be duly had, to wit : i. The consent of John B. McDonald, contractor, and of his sureties, as follows: Rapid Transit Subway Construction Company; The United States Fidelity and Guaranty Com- 244 Bergen Ave. Change of Route pany; The City Trust, Safe Deposit and Surety Company of Philadelphia ; American Surety Company of New York ; Na- tional Surety Company, and Perry Belmont. 2. The consent of the Board of Aldermen of the City of New York. 3. The consent of the Mayor of the City of New York. 4. The consent of the owners of a majority in value of the property along streets or such portions of streets as are included in the portion of routes by these resolutions pro- posed to be substituted as aforesaid ; or, if such consents can- not be obtained, then, in lieu thereof, the determination of three commissioners to be appointed by the Appellate Division of the Supreme Court, duly confirmed by the said Appellate Division. And it is further RESOLVED, That this Board hereby adopts the drawing now produced and numbered as showing in substance the modification hereby adopted. And it is further * RESOLVED, That the President and the Secretary of the Board be, and they hereby are, authorized to execute in the name of and on behalf of the Board a contract with the Contractor providing for the said modification of the Routes and General Plan. "Copy Routes and General Plans. "January 14, 1897. "One route as follows : Its centre line shall commence at a point at or near the intersection of Broadway with Park Row; thence under Park Row and Centre street to a point at or near its intersection with New Elm street as proposed ; thence under New Elm street, as proposed, to Lafayette place ; thence under Lafayette place to Eighth street ; thence across and under Eighth street, and. thence under private property lying between Eighth and Ninth streets and east of the westerly side or line of Lafayette place, produced, to Fourth avenue ; thence under Fourth avenue and Park avenue to Forty-second street; thence turning from Park avenue into 245 Bergen Ave. Change of Route Forty- second street, and taking for the purposes of the curve, if necessary or convenient, private property at the southwest corner of Park avenue and Forty-second street ; thence under Forty-second street to Broadway ; thence under Broadway to Fifty-ninth street; thence under the Boulevard to a point at or near One Hundred and Twenty-fourth street ; thence by viaduct along and over the Boulevard to a point at or near One Hundred and Thirty-fourth street; thence under the Boulevard and Eleventh avenue to a point on Eleventh ave- nue, situate north of One Hundred and Ninetieth street, and distant therefrom not less than one thousand and not more than one thousand five hundred feet, and thence under or over (as may be most convenient) private property to a point at the southeast end of Ellwood street near Hillside street, and thence over Ellwood street to Kingsbridge avenue or Broadway; thence over Kingsbridge avenue or Broadway, as now proposed, to Riverdale avenue and thence easterly over Riverdale avenue to a point within five hundred feet of the present Kingsbridge station of the New York and Putnam Railroad Company. "This route shall include a loop at the City Hall Park which shall connect with the portion of the route aforesaid along Centre street at or near the south end of that street, and thence proceed westerly and southerly under City Hall Park and Broadway, and thence easterly to again connect with the portion of the route aforesaid in Park Row. All of the said loop shall lie under City Hall Park, Park Row, between the south end of Centre street and Ann street, and the portion of Broadway adjoining the City Hall Park lying between Vesey and Murray streets. This route shall also include suitable tracks and connections from the City Hall loop to the Postoffice, such tracks and connections being under the City Hall Park and under the portion of Park Row between the south end of Centre street and Ann street. This route shall also include suitable tracks and connections from the portion of the route near the corner of Park avenue and Forty-second street to the yard and tracks of the Grand Central Station. All of the tracks and connections last men- tioned shall be under Park avenue and Forty-second street and private property to be acquired. By private property in 246 Bergen Ave, Change of Route this description is meant property not forming part of the streets of the City of New York and not belonging to the City of New York. "Also a route as follows : Its centre line shall diverge from the route aforesaid on the Boulevard, between a line parallel to and one hundred feet north of One Hundred and Third street and a line parallel to and one hundred feet south of One Hundred and Third street; thence under private prop- erty to a point in One Hundred and Fourth street; thence under One Hundred and Fourth street to and across Central Park West; thence under Central Park to the intersection of Lenox avenue and One Hundred and Tenth street; thence under Lenox avenue to a point near One Hundred and Forty-second street; thence curving to the east and passing under private property, One Hundred and Forty-third and One Hundred and Forty-fourth streets, to the Harlem River at or near the foot of One Hundred and Forty-fifth street; thence under the Harlem River and private property to East One Hundred and Forty-ninth street at or near its intersection with River avenue ; thence under East One Hundred and Forty-ninth street to a point near its intersection with Third avenue; [thence with a curve to the left and under Third avenue to a point near its intersection with Westchester ave- nue; thence with a curve to the right to and under West- Chester avenue], and thence by viaduct over and along Westchester avenue to the Southern Boulevard; thence over and along the Southern Boulevard to the Boston road, and thence over and along the Boston road to Bronx Park. "The said General Plan of Construction hereby adopted is as follows : "For the route under Park Row and the said loop at City Hall Park, two parallel tracks; for the route from the point of connection of the City Hall loop with the route aforesaid at the southerly end of Centre street to the junction at or near One Hundred and Third street and the Boulevard, four parallel tracks : for the route from the junction at or near One Hundred and Third street and the Boulevard to the New York and Putnam Railroad Company's station at Kings- bridge, two parallel tracks ; for the route from the junction 247 Bergen Ave. Change of Route at or near One Hundred and Third street and the Boulevard to Bronx Park, two parallel tracks. "All of the above-mentioned tracks shall be placed on the same level, except that wherever required by special neces- sities of surface or sub-surface structures or other special or local necessities and for the purpose of avoiding grade crossings at the southerly end of Centre street and the One Hundred and Third street junction, any one or more of the tracks may be depressed below the level of the other tracks to a depth of not more than twenty feet. "The tracks shall be of standard gauge, that is to say, of a width of four feet and eight and a half inches between the rails. There shall be twelve and a half feet width in the tunnels and on the viaducts for each track, except that at stations, switches, turnouts, curves and cross overs, the width may be increased to the extent permitted by the width of the tunnel. The tracks wherever passing over or under the streets shall be placed over or under the central part of the street, except that no tunnel or viaduct or any wall or part thereof under or along a street, shall, except at the stations, station approaches, curves and at places of access to sub-surface struc- tures, as hereinafter provided, be within a distance of five feet of the exterior line or side of the street. The tracks shall in all cases be placed in tunnels, except only that on the west side route on the Boulevard at or near One Hundred and Twenty-fourth street the tracks shall emerge from the tunnel and be carried upon a viaduct along the Boulevard to a point at or near One Hundred and Thirty-fourth street and there be taken again into tunnel, and except also that on the west side route at a point at or near One Hundred and Ninetieth street the tracks shall again emerge from the tunnel and be carried upon a viaduct over private property and the above- mentioned streets to the Kingsbridge station, and except also that on the east side from a point on Westchester avenue at or near Bergen avenue the tracks shall emerge from the tunnel and be carried upon a viaduct over and along Westchester avenue and the other streets above mentioned to Bronx Park. "Wherever the tracks change from tunnel to viaduct, or from viaduct to tunnel, the change shall be so made as to occupy or obstruct the use of the surface of the street to the 248 Bergen Ave. Change of Route least possible extent consistent with the proper gradient for the tracks. "The roof of the tunnel shall be as near the surface of the street as street conditions and grades will permit. The tunnel shall not be less than thirteen feet in height in the clear. The maximum widths of the tunnel in the clear shall be as fol- lows: "For the route under Park Row and the City Hall Park loop, thirty-eight feet; for the route from, at or near the south end of Centre street and to the commerfcement of New Elm street, fifty feet; for the route from, at or near the com- mencement of New Elm street to Lafayette place, sixty-eight feet; for the route from, at or near the commencement of Lafayette place to the junction at or near One Hundred and Third street, fifty feet; for the west side route from the junc- tion at or near One Hundred and Third street to Kingsbridge station, twenty-five feet; and for the east side route from, at or near the junction at One Hundred and Third street to Bronx Park, twenty-five feet; except that wherever the na- ture of the streets necessitates a curve that an additional width of tunnel may be added not exceeding three feet for each track, and except that on Fourth avenue, from Thirty- second to Forty-third street, the permissible width shall be sixty-five feet ; and for the tunnel beneath the Harlem River and its approaches, the permissible width shall be thirty-five feet. At each cross street where accommodations for pipes, wires, sewers and other sub-surface structures have been pro- vided within the tunnel, the tunnel may, in order to provide convenient access to such pipes, wires, sewers and other sub- surface structures, have, within the limit of the sides or ex- terior lines of such cross street or such lines produced, an additional width on each side of the route not to exceed fifteen feet, and the area of additional width on either side not to approach nearer than twelve feet to either side or exterior line of such cross street. Footways between the tracks shall be provided the whole length of the line and accommodations arranged for the convenience and protection of employes. "Whenever necessary for the proper support of the street surface, the roof of the tunnel shall be of iron or steel girders with brick or concrete arches supported by iron or steel col- 249 Bergen Ave. Change of Route urns and masonry walls, or the roof shall be a masonry arch. Viaducts shall be built with a width of twelve and one-half feet for each track and with an additional width of three feet on each side for outside footways. Viaducts may be built of metal or masonry, or of both. "Adjacent tracks shall be connected by necessary and suit- able switches and connections, and an additional track for siding accommodation may be constructed not to exceed in length one-quarter of a mile for each mile of roadway, but provided always that the side of the tunnel shall not, by the enlargement of the tunnel for that purpose, be brought within five feet of the exterior line or side of the street. "Along Elm street, wherever the tunnel shall be in the clear not less than sixty-eight feet wide, the pipes, wires, sewers and other sub-surface structures shall be placed in suitable galleries in the tunnel at the outside of the exterior tracks. But any such pipes, wires, sewers and other sub-surface struc- tures may be placed in suitable galleries beneath the tracks, or such pipes, wires, sewers and other sub-surface structures may be placed in the ground above or at the sides of the tunnel, or at the outside of the exterior tracks, and whenever so placed beneath the tracks, or in the ground above or at the sides of the tunnel, the width of the tunnel on New Elm street shall not be more than fifty feet. Pipes, wires, sewers and other sub-surface structures shall, at any part of the said routes, be removed or disturbed only when necessary for the construction and operation of the railway, and, if removed or disturbed, shall be placed under the streets in such man- ner and in such location that the use and service thereof shall not be impaired. Such pipes, wires, sewers and other sub- surface structures shall, be left or shall be so arranged as to give free access for their repair or alteration, or for the placing with them of new pipes, wires, sewers and other like struc- tures, and for making connections between the same and build- ings at^any time. "Station and station approaches shall, in general, be at the intersections of streets and shall be built under, or, if the position of the tracks so require, over, the streets and imme- diately adjoining private abutting property, or through private property to be acquired for the purpose, or both under or Bergen Ave Change of Route over streets and through private property as aforesaid, except that on the Boulevard, stations and station approaches may be in the centre of the street. The streets under or over which stations or station approaches shall be built may in- clude cross streets, but no part of any cross street shall be used for a station or station approach at a distance greater than seventy-five feet from the exterior line or side of the street of the route. The word 'street,' wherever used herein, shall include an avenue or public place. "Along the Boulevard there may be openings in the sur- face of the street from the tunnel for the purpose of ventila- tion and light ; such openings shall be guarded by convenient and ornamental inclosures. The openings shall not exceed twenty feet in width and fifty feet in length. No two open- ings shall be within fifty feet of each other. No opening or part thereof shall be within the limits of, or opposite to, any street intersecting the Boulevard ; and within the distance of any one block on the Boulevard between any two adjacent crossing streets there shall not be more than two such open- ings. "The general mode of operation shall be by electricity or some other power not requiring combustion within the tun- nels or on the viaducts, and the motors shall be capable of moving trains at a speed of not less than forty miles per hour for long distances, exclusive of stops. "The manner of construction shall be by tunnelling or open excavation ; it is further "RESOLVED, That plans be prepared to show the route and general plan, in so far as they are hereby adopted, which said plans, when formally adopted, shall be deemed to be incor- porated herein and to form a part hereof. "February 4, 1897. "RESOLVED, That this Board of Rapid Transit Railroad Com- missioners for the City of New York hereby adopts the draw- ings now produced and numbered from I to 60, both inclusive, as showing the route and general plan adopted by resolution of 251 Bergen Ave. Change of Route this Board on January 14, 1897, and that as provided in the said resolution the said drawings be deemed incorporated in and to form part of the said resolution ; and it is further "RESOLVED, That the said route and general plan with the said drawings, and the said resolution of January 14, 1897, be, and they hereby are, adopted by this Board." 252 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. MCDONALD Contractor AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad LENOX AVENUE Dated, January 16th, 1903 Executed, January, 1903 Lenox Ave. Extension Agreement made this i6th day of January, in the year Nineteen hundred and three, between THE CITY OF NEW YORK (hereinafter called the City), acting by 'the Board of Rapid Transit Railroad Commissioners for the City of New York (here- inafter called the Board), party of the first part, and JOHN B. MCDONALD, of The City of New York (hereinafter called the Contractor), party of the second part, WITNESSETH : WHEREAS, Heretofore and on or about the 2ist day of Febru- ary, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a Rapid Transit Railroad in the City of New York and otherwise, as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation; and WHEREAS, The Contractor has deposited with the Comptroller of the City certain security for the performance of the said Con- tract for Construction and Operation on his part and has given certain bonds as further security for such performance and upon such bonds there are sureties as follows : Rapid Transit Subway Construction Company, The United States Fidelity & Guaranty Company, The City Trust Safe Deposit & Surety Company of Philadelphia, American Surety Company of New York, National Surety Company and Perry Belmont; and WHEREAS, By written instruments bearing date the tenth day of July, 1902, the Contractor, with the written -consent of the Board, concurred in by six members thereof, duly assigned the right or obligation to maintain and operate the said Rapid Transit Railroad for the term of years specified in the said contract and all rights included in the leasing provisions of the said contract, to- gether with the obligation to provide equipment for the said rail- road, unto Interborough Rapid Transit Company, which Com- pany also guaranteed the performance by the Contractor of the provisions of his said contract not so assigned to it ; and WHEREAS, It is in said Contract for Construction and Opera- tion provided that the said Board of Rapid Transit Railroad Com- missioners shall have the right for any section of the railroad to require additional work to be done or additional materials to be furnished or both, within the general purview of a rapid transit railroad as therein described, the reasonable value of which should be additionally paid to the Contractor ; and 255 Lenox Ave. Extension WHEREAS, The Contractor desires, and the Board approves, a modification of the. Routes and General Plan for the Rapid Transit Railroad referred to in the said Contract for Construction and Operation as set forth in certain resolutions adopted by the Board on the 24th day of October, 1901. and the 2Oth day of November, 1902, copies of which are hereto annexed, in order to provide for routes and a general plan in addition to the said Routes and Gen- eral Plan, as in said resolutions .and herein described ; and WHEREAS, On or about the 28th day of April, 1902, The Board of Aldermen of the City of New York did by a majority vote of all its members approve such modification of the Routes and Gen- eral Plan as aforesaid, as set forth in said resolution of 24th Octo- ber, 1901, and did consent to the construction of 'a railway or railways in accordance therewith, and on the same day the Mayor of the City of New York did approve the said resolution and did consent to the modification as aforesaid ; and WHEREAS, The Board has obtained the approval of the o'wners of a majority in value of the property along the streets and por- tions of the streets as are included in the routes by this agree- ment proposed to be added as aforesaid to such modification, and the consent of the said owners to the construction and operation of the railway therein provided for ; and WHEREAS, Heretofore, and on or about the 3ist day of De- cember, 1902, the City, acting by the Board, entered into a con- tract,- a copy of which is hereto annexed, with the Interurban Street Railway Company, providing, among other things, for cer- tain method and manner of construction of the said Railroad in front of certain premises, leased by the Interurban Street Railway Company, fronting on the west side of Lenox avenue, between One Hundred and Forty-sixth and One Hundred and Forty-sev- enth streets, wherein it was provided that any contract made by the Board for construction in front of such premises shall refer to, and the said contract shall therein be made binding upon, anj such contractor and any of his agents. Now, therefore, in consideration of. the premises and subject to the consents hereinafter provided, it is agreed that the said Contract for Construction and Operation and the Routes and General Plan therein contained be, and the same are Leno.r Ave. Extension hereby modified by adding to the said Routes and General Plan the words following, to wit: "And also extending from a point under Lenox avenue "near One Hundred and Forty-second street northerly under "Lenox avenue to a point at or near its intersection with the "street known as 'Exterior street,' including connections by "necessary and suitable switches and tracks, or otherwise, "with abutting properties used as terminal or storage "grounds. "The general plan of construction of the route hereby "added shall be by tunnel in the same manner as provided "in the routes and general plan for the construction of the "rapid transit railroad under the portion of Lenox avenue be- tween One Hundred and Tenth street and One Hundred "and Forty-second street. There shall be at least two parallel "tracks with the right at any time to add a third track in the "discretion of the Board of Rapid Transit Railroad Com- "missioners. "A station and station approaches may also be built at the "intersection of one of the streets intersecting Lenox avenue, "between One Hundred and Forty-second and Exterior "streets, as the Board of Rapid Transit Railroad Cqmmis- "sioners may decide. "In all other respects the provisions of the said general "plan of construction adopted January I4th and February "4th, 1897, shall be applicable to the portion of the route hereby substituted." And it is hereby agreed that the reasonable value of constructing that portion of the rapid transit railroad upon the said additional route from the point of commencement thereof under Lenox avenue near One Hundred and Forty-second street to a point under Lenox avenue at its intersection with the centre line of One Hundred and Forty-eighth street, shall be deemed a part of the cost of constructing said rapid transit railroad, and shall be ascertained and determined and paid to the Contractor in the manner provided in the contract for the construction and operation of said rapid transit railroad in addition to the amounts in said contract agreed to be paid unto said Contractor, and such 257 Lenox Ave. Extension additional amounts so paid shall be included in the total cost of the construction of the said railroad in determining the amount of rental to be paid under said contract in like manner as if said addi- tional route had been originally authorized therein ; and WHEREAS, It is in said Contract for the Construction and Opera- tion of the Rapid Transit Railroad further provided that the Con- tractor shall locate and furnish terminal grounds subject to the approval of said Board, having a mileage of not less than five miles and capable of storing the equipment to be furnished under said contract for which he is to be paid as specified therein, amounts not exceeding in all the sum of One million seven hun- dred and fifty thousand dollars ($1,750,000). It is hereby further agreed, That the Contractor shall construct as a part of such terminals that portion of the rapid transit railroad upon the said additional route from a point under Lenox avenue at its intersection with the centre line of One Hun- dred and Forty-eighth street to the northerly termination thereof at a point under Lenox avenue at or near its intersection with the street known as "Exterior street," and that the exact cost thereof, together with ten per cent. (10%) thereon in addition thereto shall be allowed and paid the Contractor, as in said contract pro- vided, and charged against said Contractor as a payment on ac- count of the total sum of One million seven hundred and fifty thousand dollars ($1,750,000), allowed in said contract for terminals as aforesaid. It is hereby further agreed, that the contract of December 3ist, 1902, between the City and the Interurban Street Railway Company, hereinbefore mentioned, is and shall be bind- ing upon the said Contractor and any of his agents. Provided, however, and it is expressly AGREED That this agreement shall take effect if and when and only when the fol- lowing consents shall have been duly had, to wit : The consents as subjoined of Rapid Transit Subway Construc- tion Company, The United States Fidelity & Guarantee Company, The City Trust, Safe Deposit & Surety Company of Philadelphia. American Surety Company of New York, National Surety Com- pany, and Perry Belmont, and Interborough Rapid Transit Com- pany. 258 Lenox Ave. Extension In witness whereof This contract has been executed for the City of New York, by its Board of Rapid Transit Rail- road Commissioners, under and by a resolution duly adopted by said Board, concurred in by more than six of its members, and the seal of the said Board has been hereto affixed and these pres- ents signed by the President and Secretary of the said Board, and the contractor has hereto set his hand and seal, the day and year first above written. BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS. By A. E. ORR, PRESIDENT. [SEAL.] BION L. BURROWS, SECRETARY. [SEAL.] JOHN B. McDONALD. STATE OF NEW YORK, ) L gg COUNTY OF NEW YORK,( On this 29th day of January, 1903, at the City of New York, in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Bur- rows, the secretary of the Board of Rapid Transit Railroad Com- missioners for the City of New York; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alex- ander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York, that he was the secretary of the said Board and that he subscribed his, name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, NOTARY PUBLIC FOR KINGS COUNTY, N. Y. Certificate filed in New York County. [SEAL.] 259 / Lenox Ave. Extension STATE OF NEW YORK. ) ( SS ' COUNTY OF NEW YORK, I On this 26th day of January, 1903, before me personally ap- peared John !'.. McDonald, to me known and known to me to be the person and Contractor named in and who executed the forego- ing- contract, and acknowledged to me that he executed the same. A. W. ANDREWS (36), NOTARY PUBLIC. N. Y. Co. [SEAL.] The Undersigned being the sureties of John' B. Mc- Donald, the Contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000) and the bond for construction and equipment in the penalty of Five mil- lion dollars ($5,000,000) hereby consent to the making of the foregoing instrument. Dated New York, January 26th, 1903. RAPID TRANSIT SUBWAY CONSTRUC- TION COMPANY, By W. G. OAKMAN, VICE-PRESIDENT. [SEAL.] THE UNITED STATES FIDELITY AND GUARANTY COMPANY, By ANDREW FREEDMAN, ATTEST : VICE-PRESIDENT. SYLVESTER J. O'SULLIVAN, MANAGER. [SEAL.] AMERICAN SURETY COMPANY OF NEW YORK, H. B. ZEVELY, VICE-PRESIDENT. WM. A. BRANDT, ASSISTANT SECRETARY. [SEAL.] 260 Lenox Ave. Extension NATIONAL SURETY COMPANY, By THOS. F. GOODRICH, VICE-PRESIDENT. ATTEST: BALLARD McCALL, SECRETARY. [SEAL.] THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, 160 Broadway, N. Y. A. T. KIERNAN, VICE-PRESIDENT. P. H. MOONEY, ASST. SECRETARY. . [SEAL.] PERRY BELMONT. [SEAL.] S'IATE OF NEW YORK. ) (. gg COUNTY OF NEW YORK.J " On this 27th day of January, 1903, before me personally ap- peared Perry Belmont, to me known and known to me to be the individual described in and who executed the foregoing consent, and he acknowledged to me that he executed the same. A. W. ANDREWS (36), Notary Public, N. Y. Co. STATE OF NEW YORK, ) l ss ' COUNTY OF NEW YORK.J On the 26th day of January, 1903, before me personally ap- peared Andrew Freedman, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of the United States Fidelity & Guaranty Company, the corpora- tion described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the 2/th day of January, 1903, before me personally appeared Adrian T. Kiernan, to me known, who being by me first duly 261 Lenox Ave. Extension sworn, did depose and say that he was the Vice-President of The City Trust, Safe Deposit and Surety Company of Philadelphia, the corporation described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like au- thority. And also, on the 26th day of January, 1903, before me personally appeared Henry B. Zevely, to me known, who being by me first duly sworn, did depose and say that he was the Vice- President of American Surety Company of New York, the cor- poration described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. And also, on the 2/th day of January, 1903, before me personally ap- peared Thomas F. Goodrich, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of National Surety Company of New York, the corporation described in and which executed the foregoing consent ; that he knew the corporate seal of said company; that the seal affixed to said con- sent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the 26th day of January, 1903, before me personally appeared Walter G. Oakman to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of Rapid Transit Subway Con- struction Company, the corporation described in and which ex- ecuted the foregoing consent; that he knew the corporate seal of said company ; that the seal affixed to said consent was such cor- porate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (36), NOTARY PUBLIC, N. Y. Co. [SEAL.] 262 Lenox Are. Extension The undersigned being- the assignee of John B. McDon- ald, the Contractor above mentioned, of the right or obligation to maintain and operate the said rapid transit railroad for the term of years specified in said Contract for Construction and Opera- tion, and all rights included in the leasing provisions of the said Contract; together with the obligation to provide equipment for the said Railroad, hereby CONSENTS to the making of the forego- ing instrument. Dated, New York, January 26th, 1903. INTERBOROUGH RAPID TRANSIT CO., E. P. BRYAN, VICE-PRESIDENT. [SEAL.] STATE OF NEW YORK. 1 * COUNTY OF NEW YORK,^ On this 26th day of January, 1903, before me personally ap- peared Edward P. Bryan, to me known, who being by me first duly sworn, did depose and say, that he resided in the County of Westchester, in the State of New York, that he is Vice-President of Interborough Rapid Transit Company, the corporation de- scribed in and which executed the foregoing consent; that he knew the corporate seal of said Company; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. A. W.ANDREWS (36), [SEAL.] NOTARY PUBLIC, N. Y. Co. Approval by Corporation Counsel. THE FOREGOING CONTRACT is HEREBY APPROVED AS TO FORM. Dated, New York, January 22d, 1903. G. L. RIVES, CORPORATION COUNSEL. Copy Resolution October 24, 1901. WHEREAS, This Board did, on the i4th day of January, 1897, and 4th day of February, 1897, adopt certain Routes and General 263 Lenox Ave. Extension Plan for a rapid transit railroad in the City of New York, a copy of which is hereto annexed entitled "Copy Routes and General Plan" ; and WHEREAS, The said Routes and General Plan were afterward duly approved by the municipal authorities of the City of New York, and were duly consented to by commissioners appointed by the Appellate Division of the Supreme Court, which consent was duly confirmed by the said Appellate Division, in lieu of the con- sent of the o.wners of a majority in value of the property along said routes ; and WHEREAS, Thereafter, and on or about the 2ist day of Feb- ruary, 1900, the City of New York did by this Board enter into a certain contract with John B. McDonald for the construction and operation of the said rapid transit railroad ; and WHEREAS, It is the interest of the City of New York, and, in the opinion of the said John B. McDonald, it is likewise in his interest as such contractor, and he desires that said Routes and General Plan shall be changed in the respect hereinafter men- tioned, but without other change in the said Routes and General Plan ; now therefore it is RESOLVED, That, subject to the consents and approvals to be first obtained as in these resolutions hereinafter mentioned, the said Routes and General Plan heretofore adopted by this Board be, and they hereby are modified by adding to the said routes the following, to-wit: "And also extending from a point under Lenox avenue near One Hundred and Forty-second street northerly under Lenox ave- nue to a point at or near its intersection with the street known as 'Exterior street,' including connections by necessary and suitable switches and tracks, or otherwise, with abutting properties used as terminal or storage grounds. "The general plan of construction of the portion of the route hereby added shall be by tunnel in the same manner as provided in the routes and general plan for the construction of the rapid transit railroad under the portion of Lenox avenue between One Hundred and Tenth street and One Hundred and Forty-second street. There shall be at least two parallel tracks with the right at any time to add a third track in the discretion of the Board of Rapid Transit Railroad Commissioners. Lenox Ave. Extension "A station and station approaches may also be built at the inter- section of one of the streets intersecting Lenox avenue, between One Hundred and Forty-second and Exterior streets, as the Board of Rapid Transit Railroad Commissioners may decide." In all other respects the provisions of the said general plan of construction adopted January i4th and February 4th, 1897, shall be applicable to the portion of the route hereby substituted; and it is further RESOLVED, That whereas this Board has duly made the inquiries and investigation necessary or proper in the premises, and has de- termined that the modification aforesaid of the said Routes and General Plan are necessary for the interests of the public and of the City of New York and should be established as herein pro- vided, this Board does hereby determine and establish the said Routes and General Plan as hereby modified, subject to the con- sents and approvals to be first obtained as hereinafter mentioned ; and it is further RESOLVED, That the said modifications of Routes and General Plans shall take effect only upon and after the following consents and approvals thereto shall be duly had, to-wit : 1. The consent of the Municipal Assembly of The City of New York. 2. The consent of the Mayor of the City of New York. 3. The consent of the owners of a majority in value of the property along streets or such portions of streets as are included in the portion of routes by these resolutions proposed to be sub- stituted as aforesaid; or, if such consents cannot be obtained, then, in lieu thereof, the determination of three commissioners to be appointed by the Appellate Division of the Supreme Court, duly confirmed by the said Appellate Division. 4. The consent of the said John B. McDonald, contractor, and of his sureties, as follows: Rapid Transit Subway Construction Company; The United States Fidelity and Guaranty Company; The City Trust, Safe Deposit and Surety Company of Philadel- phia; American Surety Company of New York; National Surety Company and Perry Belmont. It is further RESOLVED, That this Board hereby adopts the drawing now pro- duced and numbered one as showing the modifications or exten- sion hereby adopted. 265 Lenox Ave. Extension Copy Resolution November 2oth, 1902. WHEREAS, The Board did, on the 24th day of October, 1901, at the request of John B. McDonald, the Contractor, adopt cer- tain resolutions modifying the routes and general plan contained in the Contract for Construction and Operation, entered into by the City of New York and the said Contractor on or about the 2 ist day of February, 1900, in order to provide for a route and a general plan in addition to the said routes and general plan in said Contract contained ; and WHEREAS, The said Contractor is willing that the cost of con- structing that portion of the Rapid Transit Railroad upon the said additional routes from the point of its commencement under Lenox avenue near One Hundred and Forty-second street to a point un- der Lenox avenue at its intersection with the centre line of One Hundred and Forty-eighth street, shall be deemed a part of the cost of constructing said Rapid Transit Railroad and shall be as- certained and determined and paid to the said Contractor in the manner provided in the Contract for Construction and Operation of said Rapid Transit Railroad in addition to the amounts in said contract agreed to be paid unto said Contractor, and such addi- tional amounts so paid shall be included in the total cost of the construction of the said Railroad in determining the amount of rental to be paid under said contract, in like manner as if said ad- ditional route had been originally authorized therein ; and that the cost of constructing that portion of the said railroad upon the said additional routes from a point under Lenox avenue at its inter- section with the centre line of One Hundred and Forty-eighth street to the northerly end of such extension route at a point under Lenox avenue at or near its intersection with the street known as Exterior street, shall be deemed to be part of the terminals pro- vided for in the said Contract for Construction and Operation, and that the exact cost thereof, together with ten per cent, thereon in addition thereto, shall be allowed and paid the Contractor as in said Contract for Construction and Operation provided, and charged against said Contractor as a payment on account of the total sum of One million seven hundred and fifty thousand dollars ($1,750,000), the maximum amount allowed in said contract for terminals ; RESOLVED, That the officers of this Board be, and they hereby are, in the name and under the seal of the Board, authorized to 266 Lenox Ave. Extension execute with the Contractor a contract modifying the Contract for Construction and Operation in this respect, substantially as fol- lows: [Here follows form of Contract.] Agreement of December sist, 1902. Agreement, made this 3ist day of December, in the year 1902, between the City of New York, acting by The Board of Rapid Transit Railroad Commissioners for the City of New York, here- inafter called the Board, party of the first part, and the Interurban Street Railway Company, of the City of New York, hereinafter called the Company, party of the second part : WHEREAS, The Sixth Avenue Railroad Company and the Met- ropolitan Street Railway Company are severally the owners of the property fronting on the west side of Lenox avenue, between One Hundred and Forty-sixth and One Hundred and Forty-sev- enth streets, in the Borough of Manhattan, City of New York, and have leased the said property, and the same is now held by the Interurban Street Railway Company, the party hereto of the second part under lease; and WHEREAS, The said owning corporations have, by instrument bearing date the I4th day of August, 1902, copies of which are hereto annexed marked "A," given their consent in writing to the construction of the rapid transit railroad in this City according to the certain routes and general plan of construction ; and WHEREAS, It is for the interest of all the parties that the con- struction of said rapid transit railroad under the authority of the Board shall not interfere with the operation of the railroad of the Company, and shall not prevent access to and egress from said car house ; Now, THEREFORE, in consideration of one dollar ($1.00) and of other good and valuable considerations, each to the other in hand paid, the parties hereto agree as follows: The Board agrees that the work of constructing said rapid transit railroad according to the said routes and general plan in front of the premises of the Company aforesaid shall be done in such a manner that there shall be no unreasonable, unnecessary or preventable interference with or obstruction to the operation of the railroad of the Company in front of said premises by the Com- 267 Lenox Ave. Extension missioners or any of their servants or agents, or by any con- tractor or any of his servants, agents or employees, who shall at any time carry on construction work in front of said premises. That the method and manner of construction be such that the tracks and special work of the Railway Company, as well as the pits beneath the special work, shall not be disturbed, and shall be maintained at all times in condition for safe operation of the cars of the Railway Company. And whenever it shall be necessary to undermine this special track work, it shall be supported by sub- stantial timbering in a manner acceptable to the Engineer of the Railway Company. And if it shall be necessary during the progress of the work to remove the bottoms from any of the junction pits or manholes, the concrete bottoms shall be replaced by timber platforms. Also -whenever it shall be necessary during the progress of the work to drive sheet piling near these tracks or special work, it shall be done at such time and in such manner as not to interfere with the free use of the tracks by the Railway Company. It is also understood that after the completion of the tunnel, the tracks and special work of the Railway Company will be perma- nently supported in such a way as to obviate any settlement after the removal of the temporary supports. That any contract made by the Commissioners for construction in front of such premises shall refer to, and this contract shall therein be made binding upon, any such contractor and any of his agents. IN WITNESS WHEREOF, the parties hereto have signed this agree- ment the day and year first above written. THE BOARD OF RAPID TRANSIT RAILROAD COMMIS- SIONERS FOR THE CITY OF NEW YORK, By A. E. ORR, PRESIDENT. BION L. BURROWS, [SEAL.] SECRETARY. - INTERURBAN STREET RAILWAY COMPANY, By H. H. VREELAND, [SEAL.] PRESIDENT. 268 Lenox Ave. Extension To the Board of Rapid Transit Railroad Commissioners for the City of Neiv York: Referring to the routes and general plan of construction adopted by said Board of Rapid Transit Railroad Commissioners on the I4th day of January, 1897, and to the plans and conclusions there- with, all of which were on or about the 2d day of March, 1897, transmitted by said Board to the Common Council of the City of New York, and referring also to the resolutions adopted by said Board on the 24th day of October, 1901, and thereafter trans- mitted to the Board of Aldermen of the present City of New York, providing for the modification of or extension to said routes, general plan of construction, plans and conclusions, by adding to the said routes the following, to-wit : Lenox avenue, from a point in the centre line thereof near the centre line of One Hundred and Forty-second street, northerly to a point at or near the intersection of Lenox avenue with Exterior street; the gen- eral plan of construction to be by tunnel in the same manner as provided in the routes and general plan for the construction of the rapid transit railroad under that portion of Lenox avenue be- tween One Hundred and Tenth street and One Hundred and Forty-second street, the undersigned, Metropolitan Street Rail- way Company, of No. , in the City of New York, being owner of property on the west side of Lenox avenue, in the Borough of Manhattan, in the City of New York, along and bounded on the said west side of said Lenox avenue, and known as Lot No. i, Block No. 2015, on the Block Map of Taxes and Assessments of the City of New York, filed in the office of the Commissioners of Taxes and Assessments in the Borough of Manhattan, in the City of New York, in the year 1902, does hereby consent to the construction and operation of a rapid transit railway in the City of New York according to the said routes, general plan of construction, plans and conclu- sions transmitted as aforesaid by said Board to the Common Council of the City of New York, but modified as aforesaid. Dated the I4th day of October, 1902. METROPOLITAN STREET RAILWAY COMPANY, By D. B. HASBROUCK, [SEAL.] VICE-PRESIDENT. 269 Lenox Ave. Extension CITY AND COUNTY OF NEW YORK, ss. : On this 1 6th day of October, A. D., 1902, before me personally came D. B. Hasbrouck, to me known, who, being by me duly sworn, did depose and say that he resided in the City of New York, Borough of Brooklyn, and State of New York; that he is the Vice-President of the Metropolitan Street Railway Company, the corporation described in and which executed the foregoing in- strument ; that he knew the seal of said corporation ; that the seal affixed to said instrument was such corporate seal ; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by the like order. RALPH W. BOTHAM, [L. s.] NOTARY PUBLIC KINGS Co. (83). Certificate filed in New York County. To the Board of Rapid Transit Railroad Commissioners for the City of New York: Referring to the routes and general plan of construction adopted by said Board of Rapid Transit Railroad Commissioners on the i4th day of January, 1897, and to the plans and conclusions there- with, all of which were .on or about the 2d day of March, 1897, transmitted by said Board to the Common Council of the City of New York, and referring also to the resolutions adopted by said Board on the 24th day of October, 1901, and thereafter transmit- ted to the Board of Aldermen of the present City of New York, providing for the modification of or extension to said routes, gen- eral plan of construction, plans and conclusions, by adding to the said routes the following, to-wit : Lenox avenue, from a point in the centre line thereof near the centre line of One Hundred and Forty-second street, northerly to a point at or near the intersec- tion of Lenox avenue with Exterior street; the general plan of construction to be by tunnel in the same manner as provided in the routes and general plan for the construction of the rapid tran- sit railroad under that portion of Lenox avenue between One Hundred and Tenth street and Ohe Hundred and Forty-second street, the undersigned, Sixth Avenue Railroad Company, of No. , in the City of New York, being owner of property on the west side of Lenox avenue, in the Bor- ough of Manhattan, in the City of New York, along and bounded 270 Lenox Ave. Extension on the said west side of said Lenox avenue, and known as Lot No. i, Block No. 2015, on the Block Map of Taxes and Assess- ments of the City of New York, filed in the office of the Com- missioners of Taxes and Assessments in the Borough of Manhat- tan, in the City of New York, in the year 1902, does hereby con- sent to the construction and operation of a rapid transit railway in the City of New York according to the said routes, general plan of construction, plans and conclusions transmitted as aforesaid by said Board to, the Common Council of the City of New York, but modified as aforesaid. Dated the I4th day of October, 1902. SIXTH AVE. R. R. CO., By FRANK CURTISS, [ SEAL. ] PRESIDENT. ATTEST: E. H. GARRISON, SECRETARY. CITY AND COUNTY OF NEW YORK, ss. : On this I4th day of October, A. D. 1902, before me personally came Frank Curtiss, to me known, who, being by me duly sworn, did depose and say that he resided in the Town of Sheffield, State of Massachusetts, and he is the President of the Sixth Avenue Railroad Company, the corporation described in and which ex- ecuted the foregoing instrument; that he knew the seal of said corporation ; that the seal affixed to said instrument was such cor- porate seal ; that it was so affixed by order of the Board of Di- rectors of said corporation, and that he signed his name thereto by the like order. WARREN C. FRENCH, Jr., [L. s.] NOTARY PUBLIC, N. Y. Co. 271 THE CITY OF NEW YORK By its Rapid Tratotit Board WITH JOHN B. McDONALD, Contractor AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad FORT LEE FERRY Dated, July 16th, 1903 Ft. Lee Ferry Connection Agreement made this i6th day of July, in the year Nine- teen hundred and three, between THE CITY OF NEW YORK (here- inafter called the City), acting by the Board of Rapid Transit Railroad Commissioners for The City of New York (hereinafter called the Board), party of the first part, and JOHN B. McDoN- ALD, of The City of New York (hereinafter called the Contrac- tor), and Interborough Rapid Transit Company, parties of the second part, WITNESSETH : WHEREAS, Heretofore and on the I4th day of January, 1897, and the 4th day of February, 1897, the Board adopted certain Routes and General Plan for a rapid transit railroad in the City of New York, a portion of which extends under the Boulevard to a point at or near One Hundred and Twenty-fourth street and thence by viaduct along and over the Boulevard to a point at or near One Hundred and Thirty-fourth street and thence further to the north on the westerly branch of the said rapid transit railroad : and WHEREAS, Heretofore and on or about the 2ist day of Feb- ruary, 1900, the City, acting- by the Board, entered into a contract with the Contractor for the construction and operation of the said Rapid Transit Railroad in the City of New York and otherwise, as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation ; and WHEREAS, The Contractor has deposited with the Comptroller of the City certain security for the performance of the said Con- tract for Construction and Operation on his part and has given certain bonds as further security for such performance and upon such bonds there are sureties as follows : Rapid Transit Subway Construction Company, The United States Fidelity and Guaranty Company, The City Trust Safe Deposit and Surety Company of Philadelphia, American Surety Company of New York, National Surety Company, and Perry Belmont ; and WHEREAS, By written instrument bearing date the tenth day of July, 1902, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right or obligation to maintain and operate the said Rapid Transit Rail- road for the term of years specified in the said contract and all rights included in the leasing provisions of the said contract, to- gether with the obligation to provide equipment for the said rail- road, unto Interborough Rapid Transit Company, which Company 275 Ft. Lee Ferry Connection also guaranteed the performance by the Contractor of the pro- visions of his said contract not so assigned to it ; and WHEREAS, It is in said Contract for Construction and Opera- tion provided that the said Board of Rapid Transit Railroad Com- missioners shall have the right to require additional work to be done or additional materials to be furnished or both, within the general purview of a rapid transit railroad as therein described, the reasonable value of which should be additionally paid to the Contractor; and WHEREAS, The Contractor desires, and the Board approves, a modification of the Routes and General Plan for the Rapid Transit Railroad referred to in the said Contract for Construction and Operation as set forth, in certain resolutions adopted by the Board on the 1 6th day of July, 1903, a copy of which is hereto annexed, in order to provide for an addition to the said Routes and General Plan, as in said resolutions and herein described ; Now, therefore, in consideration of the premises, but sub- ject to the consents hereinafter provided, it is agreed that the said Contract for Construction and Operation and the Routes and General Plan therein contained be, and the same are hereby modified by adding to the said Routes and General Plan the words following, to wit : ''And also a branch or spur extending from the line of the "route aforesaid on Broadwav (formerly the Boulevard), at "a point about one hundred (100) feet northerly from the "north line of One Hundred and Twenty-fifth street, and "thence extending northerly along and over Broadway (being "in addition to the tracks hereinbefore originally provided "along such portion of Broadway) to Manhattan street ; "thence westerly along and over Manhattan street and under "the Manhattan viaduct and over and across the tracks of the "New York Central and Hudson River Railroad, West One "Hundred and Thirtieth street and the exterior or bulkhead "street to the ferry house at the foot of West One Hundred "and Thirtieth street, together with proper connections by "necessary and suitable switches, tracks and otherwise, with "the rapid transit railroad originally described in said Routes "and General Plan, at and north of One Hundred and Twenty- Ft. Lee Ferry Connection "fifth street, and also including- proper connections by stair- "ways and otherwise with the said ferry house. "The general plan of construction of the route hereby "added shall be by elevated structure of the same character "and to be constructed in the same manner as is hereinbefore "provided for the elevated portion of the rapid transit rail- "road over and along Broadway (the Boulevard) at One "Hundred and Twenty-fifth street. There shall be at least "two parallel tracks with the right at any time to add a third "track in the discretion of the Board of Rapid Transit Rail- "road Commissioners. The said connections, switches and "tracks shall be so constructed as to make convenient the run- "ning of trains without change between the portions of the "said rapid transit railroad over and along Broadway (the "Boulevard) south of One Hundred and Twenty-fifth street "and the part on Manhattan street hereby provided for. Sta- tions and station approaches may be built at the intersection "of Broadway and Manhattan street and also at the terminus "of the addition hereby adopted at the foot of West One Hun- "dred and Thirtieth street or elsewhere, upon the said addi- tion, as the Board of Rapid Transit Railroad Commissioners "may decide. "In all other respects the provisions of the said general "plan of construction adopted January I4th and February 4th, "1897, shall be applicable to the portion of the route hereby "added." And it is hereby further agreed, that the said con- tract be and the same shall hereafter be deemed to be so modified as that the portion of the rapid transit railroad added by the modification aforesaid of the Routes and General Plan shall in all respects, except as herein otherwise expressly provided, be deemed to be part of the rapid transit railroad originally described in the said contract hereby modified. Provided, however, that the frequency of train service upon the said portion of the rapid transit railroad so added by the said modification shall, from time to time, be determined by the Board, Provided, further, however, that the frequency of such service shall in no case be required to be greater than is in said contract provided for service upon the remainder of the said rapid transit railroad. 277 Ft. Lee Ferry Connection And it is hereby further agreed that the reason- able value of constructing that portion of the rapid transit railroad upon the said additional route and including' all of the said connections, switches, tracks, stations and station approaches, and all appurtenances of such addition to the said rapid transit railroad shall be deemed a part of the cost of constructing said rapid transit railroad, and shall be ascertained and determined and paid to the Contractor in the manner provided in the contract for the construction and operation of said rapid transit railroad in addition to the amounts in said contract originally agreed to be paid unto said Contractor, and that such additional amounts so paid shall be included in the total cost of the construction of the said railroad in determining the amount of rental to be paid under said contract in like manner as if said additional route had been originally authorized therein ; Provided, however, and it is expressly AGREED, That this agreement shall take effect if and when and only when the following consents shall have been duly had, to wit : The consents as subjoined of Rapid Transit Subway Construc- tion Company, The United States Fidelity and Guaranty Com- pany, The City Trust, Safe Deposit and Surety Company of Phil- adelphia, American Surety Company of New York, National Surety Company, and Perry Belmont; and Provided, further, however, and it is expressly agreed that this agreement shall take effect if and when, and only when, the following consents shall have been duly given to the said resolutions adopted by the Board on the i6th day of July, 1903, a copy of which is hereto annexed, providing for the said addition to said Routes and General Plan ; the consent of the Board of Alder- ment of The City of New York ; the consent of the Mayor of The City of New York ; and the consent of the owners of a majority in value of the property along such streets or such portions of streets as are included in the portion of the route added as afore- said, or if such last mentioned consent cannot be obtained, then in lieu thereof, the determination of three commissioners to be ap- pointed by the Appellate Division of the Supreme Court duly con- firmed by the said Appellate Division. 278 Ft, Lte Ferry Connection The plan hereto annexed entitled "Board of Rapid Transit Railroad Commissioners for The City of New York; Routes and General Plan adopted by resolution July 16, 1903," is intended to illustrate and show in general the addition to and modification of the said original Routes and General Plan as hereby proposed. In witness whereof, This contract has been executed for The City of New York, by its Board of Rapid Transit Rail- road Commissioners, under and by a resolution duly adopted by said Board, concurred in by more than six of its members, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the said John B. McDonald has hereto set his hand and seal and the said Interborough Rapid Transit Company has caused its corporate seal to be hereto affixed and attested by its secretary, and these presents to be signed by its president, all the day and year first above written. BOARD OF RAPID TRANSIT R. R. COMMISSIONERS FOR THE CITY OF NEW YORK, By A. E. ORR, PRESIDENT. [SEAL.] BION L. BURROWS, SECRETARY. JOHN B. MCDONALD, [SEAL.] INTERBOROUGH RAPID TRANSIT COMPANY, [SEAL.] AUGUST BELMONT, PRESIDENT. ATTEST : H. M. FISHER, SEC. pro tern. STATE OF NEW YORK, ) ss ' COUNTY OF NEW YORK,( On this first day of October, 1903, at The City of New York, in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E. Orr, the President, and the said Bion L. 279 Ft, Lee Ferry Connection Burrows, the Secretary of the Board of Rapid Transit Railroad Commissioners for The City of New York ; and the said Alex- ander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brook- lyn, in the said City, that he was the President of the said Board, and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York, that he was the Secretary of the said Board, and that he subscribed his name thereto by like authority ; and both the said Alexander E. Orr and Bion L. Burrows, that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, [NOTARIAL] NOTARY PUBLIC for [ SEAL ] Kings County, N. Y. Certificate filed in New York County. STATE OF NEW YORK. 1 ' sS ' COUNTY OF NEW YORK,J" On this 23d day of September, 1903, before me personally appeared John B. McDonald, to me known, and known to me to be the individual described in and who executed the foregoing contract, and he acknowledged to me that he executed the same. A. W. ANDREWS (39), [NOTARIAL] NOTARY PUBLIC, [ SEAL ] N. Y. Co. STATE OF NEW YORK. ) ss ~ COUNTY OF NEW YORK,J On this 28th day of September, 1903, before me personally ap- peared August Belmont, to me known, who being by me first duly sworn, did depose and say, that he resided in the County of Nas- sau, in the State of New York ; that he is President of Interbor- ough Rapid Transit Company, the corporation described in and which executed the foregoing contract; that he knew the cor- porate seal of said company; that one of the seals affixed to said 280 Ft. Lee Ferry Connection contract was such corporate seal; that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL] NOTARY PUBLIC, [ SEAL ] N. Y. CO. The Undersigned, being the sureties of John B. McDon- ald, the Contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000) and the bond for construction and equipment in the penalty of Five million dollars ($5,000,0000), hereby consent to the making of the foregoing instrument. Dated New York, September 23rd, 1903. RAPID TRANSIT SUBWAY CONSTRUCTION COM- PANY, By AUGUST BELMONT, PRESIDENT. [SEAL.] AMERICAN SURETY COMPANY OF NEW YORK, DAVID B. SICKLES, VICE-PRESIDENT. HENRY TOFTS, ASSISTANT SECRETARY. [SEAL.] PERRY BELMONT. [SEAL.] THE CITY TRUST, SAFE DEPOSIT AND SURETY COM- PANY OF PHILADELPHIA, 160 Broadway, N. Y. A. T. KIERNAN, VICE-PRESIDENT. P. H. MOONEY, ASST. SECRETARY. [SEAL.] 281 Ft. Lee Ferry Connection NATIONAL SURETY COMPANY, By CHAS. A. DEAN, PRESIDENT. ATTEST: BALLARD McCALL, SECRETARY. [SEAL.] THE UNITED STATES FIDELITY AND GUARANTY CO., JOHN R. BLAND, PRESIDENT. ATTEST : RICHD. D. LANG, ASST. SECRETARY. [SEAL.] STATE OF MARYLAND/) CITY OF BALTIMORE, J^ss. : COUNTY OF ,J On this I4th day of October, A. D., 1903, before me A. D. Patrick a Notary Public, duly appointed for and residing in the City of Baltimore, County and State aforesaid, personally ap- peared John R. Bland, to me known, who, being by me first duly sworn, did depose and say that he was the President of the United States Fidelity and Guaranty Company, the corpora- tion of the name described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was so affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. In Witness Whereof, I have hereunto set my hand and notarial seal at the City of Baltimore, and State of Maryland, the day and year last above written. A. D. PATRICK, [NOTARIAL SEAL.] NOTARY PUBLIC. STATE OF MARYLAND,) I gg ; CITY OF BALTIMORE,^ I, Robt. Ogle, Clerk of the Superior Court, do hereby certify that A. D. Patrick who subscribed the annexed certificate of 282 Ft. Lee Ferry Connection acknowledgment, was at the time of taking the same a Notary Public in and for the City of Baltimore, residing in said City, and duly authorized by the laws of said State, to take and certify the same, as well as to take and certify the proof and acknowl- edgment of deeds, and that the same was taken and certified in all respects as required by the laws of said State; and I further certify that I am well acquainted with the handwriting of the said A. D. Patrick and verily believe that the signature attached to the annexed certificate is his genuine signature. In Witness Whereof, 1 have hereunto set my hand and official seal this I4th day of October, 1903. ROBT. OGLE, CLERK OF THE SUPERIOR [SEAL.] COURT OF BALTIMORE CITY. STATE OF NEW YORK. 1 ( ss COUNTY OF NEW YORK,( ' On this 28th day of September, 1903, before me personally ap- peared Perrv Belmont, to me known 'and known to me to be the individual described in and who executed the foregoing consent, and he acknowledged to me that he executed the same. A. W. ANDREWS (39), [NOTARIAL] NOTARY PUBLIC, [ SEAL ] N. Y. Co. jss.: On this 28th day of September, 1903, before me personally- appeared Sylvester J. O'Sullivan, to me known, who being by me first duly sworn, did depose and say that he was the Manager of The United States Fidelity and Guaranty Company, the corpora- tion of the name described in and which executed the foregoing consent ; that he knew the 'corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors 'of such company, and that he signed his name thereto by like au- thority. And also on the 29th day of September, 1903, before me personally appeared Adrian T. Kiernan, to me known, who being 283 Ft. Lee Ferry Connection by me first duly sworn, did depose and say that he was the Vice- President:of The City Trust, Safe Deposit and Surety Company of Philadelphia, the corporation of that name described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 28th day of Sep- tember, 1903, before me personally appeared David B. Sickles, to me known, who being by me first duly sworn, did depose and say, that he was the Vice-President of American Surety Company of New York, the corporation of that name described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also, on the 29th day of September, 1903, before me personally appeared Charles A. Dean, to me known, who being by me first duly sworn, did depose and say that he was the President of National Surety Company of New York, the corporation of that name described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company^ and that he signed his name thereto by like authority. And also, on the 28th day of September, 1903, before me personally appeared August Belmont, to me known, who being by me first duly sworn, did depose and say that he was the Presi- dent of Rapid Transit ' Subway Construction Company, the cor- poration of that name described in and which executed the fore- going consent ; that he knew the corporate seal of said company ; that the seal affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL] NOTARY PUBLIC, [ SEAL ] N. Y. Co. 284 Ft. Lee Ferry Connection Approval by Corporation Counsel. THE FOREGOING CONTRACT is HEREBY APPROVED AS TO FORM. Dated, New York, September i8th, 1903. G. L. RIVES, CORPORATION COUNSEL. Copy Resolution of i6th July, 1903. WHEREAS, this Board did, on the I4th day of January, 1897, and 4th day of February, 1897, adopt certain Routes and General Plan for a rapid transit railroad in the City of New York, a copy of which is hereto annexed entitled "Copy Routes and General Plan" ; and \Y 1 1 ERE AS, the said Routes and General Plan were afterward duly approved by the municipal authorities of The City of New York, and were duly consented to by commissioners appointed by the Appellate Division of the Supreme Court, which consent was duly confirmed by the said Appellate Division, in lieu of the con- sent of the owners of a majority in value of the property along said routes ; and WHEREAS, thereafter, and on or about the 2ist day of Feb- ruary, 1900, The City of New York did by this Board enter into a certain contract with John B. McDonald for the construction and operation of the said rapid transit railroad ; and WHEREAS, By written instrument bearing date the loth day of July. 1902, the said John B. McDonald with the written consent of this Board concurred in by six members thereof duly assigned the right or obligation to maintain and operate the said rapid transit railroad for the term of years specified in the said contract and all rights included in the leasing provisions of the said contract to- gether with the obligation to provide equipment for the said rail- road, unto Interborough Rapid Transit Company, which Company also guaranteed the performance by the said John B. McDonald as such contractor, of the provisions of his said contract not so assigned to it; and \VIIEREAS, it is the interest of The City of New York, and, in the opinion of the said John B. McDonald, it is likewise in his interest as such contractor, and he desires that said Routes and General Plan shall be changed in the respect hereinafter men- tioned, but without other change in the said Routes and General Plan ; now therefore it is 285 Ft, Lee Ferry Connection RESOLVED, That, subject to the consents and approvals to be hrst obtained as in these resolutions hereinafter mentioned, the said Routes and General Plan heretofore adopted by this Board be, and they hereby are modified by -adding to the said routes the following", to wit, "And also a branch or spur extending from the line of the route aforesaid on Broadway (formerly the Boulevard), at a point about one hundred (100) feet northerly from the north line of One Hundred and Twenty-fifth street ; and thence extending northerly along and over Broadway (being in addition to the tracks hereinbefore originally provided along such portion of Broadway) to Manhattan street; thence westerly along and 'over Manhattan street and under the Manhattan viaduct and over and across the tracks of the New York Central and Hudson River Railroad, West One Hundred and Thirtieth street and the exterior or bulkhead street to the ferry house at the foot of West One Hundred and Thirtieth street, together with proper connections by necessary and suitable switches, tracks and otherwise, with the rapid transit railroad originally described in said Routes and Gen- eral Plan, at and north of One Hundred and Twenty-fifth street, arid also including proper connections by stairways and otherwise with the said ferry house. "The general plan of construction of the portion of the route hereby added shall be by elevated structure of the same character and to be constructed in the same manner as is hereinbefore pro- vided for the elevated portion of the rapid transit railroad over and along Broadway (the Boulevard) at One Hundred and Twenty-fifth street. There shall be at least two parallel tracks with the right at any time to add a third track in the discretion of the Board of Rapid Transit Railroad Commissioners. The said connections, switches and tracks shall be so constructed as to make convenient the running of trains without change between the portions of the said rapid transit railroad over and along Broad- way (the Boulevard) south of One Hundred and Twenty-fifth street and the part on Manhattan street hereby provided for. Sta- tions and station approaches may be built at the intersection of Broadway and Manhattan street, and also at the terminus of the addition hereby adopted at the foot of West One Hundred and Thirtieth street or elsewhere upon the said addition as the Board cf Rapid Transit Railroad Commissioners may decide." I't. Lee Ferry Connection In all other respects the provisions of the said general plan of construction adopted January i4th and February 4th, 1897, shall be applicable to the portion of the route hereby added; and it is further RESOLVED that, Whereas this Board 'has duly made the in- quiries and investigation necessary or proper in the premises, and has determined that the modification aforesaid of the said Routes and General Plan are necessary for the interests of the public and of The City of New York and should be established as herein provided, this Board does hereby determine and establish the said Routes and General Plan as hereby modified, subject to the con- sents and approvals to be first obtained as hereinafter mentioned ; and it is further RESOLVED, That the said modifications of Routes and General Plans shall take effect only upon and after the following consents and approvals thereto shall be duly had, to wit : 1. The consent of the Board of Aldermen of The City of New York. 2. The consent of the Mayor of The City of New York. 3. The consent of the owners of a majority in value of the property along streets or such portions of streets as are included in the portion of the routes added as aforesaid ; or, if such consents cannot be obtained, then, in lieu thereof, the determination of three commissioners to be appointed by the Appellate Division of the Supreme Court, duly confirmed by the said Appellate Division. 4: The consent of the said John B. McDonald, and of his sureties, as follows : Rapid Transit Subway Construction Com- pany; The United States Fidelity and Guaranty Company; The City Trust, Safe Deposit and Surety Company of Philadelphia; American Surety Company of New York ; National Surety Com- pany and Perry Belmont, and also of Interborough Rapid Transit Company. It is further RESOLVED, That this Board hereby adopts the drawing now produced and entitled "Board of Rapid Transit Rail- road Commissioners for The City of New York : Routes and Gen- eral Plan adopted by Resolution, July 16, 1903," as showing in general the additions to and modifications of the original Routes and General Plan hereby adopted. [Drawing annexed to Original Agreements.] 287 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor AND AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad WESTCHESTER AVENUE Dated, July 16th, 1903 Connection With Manhattan Road Agreement made this i6th day of July, in the year Nine- teen hundred and three, between THE CITY OF NEW YORK (here- inafter called the City), acting- by the Board of Rapid Transit Railroad Commissioners for the City of New York (hereinafter called the Board), party of the first part, and JOHN B. McDoN- ALD, of The City of New York (hereinafter called the Con- tractor), and Interborough Rapid Transit Company, parties of the second part, WITNESSETH : WHEREAS, Heretofore and on the i4th day of January, 1897, and the 4th day of February, 1897, the Board adopted certain Routes and General Plan for a rapid transit railroad in the City of New York, a portion of which in the Borough of the Bronx ex- tends from under the Harlem River under private property to East One Hundred and Forty-ninth street at or near its intersection with River avenue; thence under East One Hundred and Forty- ninth street to a point near its intersection with Third avenue ; thence with a curve to the left and under Third avenue to a point near its intersection with Westchester avenue ; thence with a curve to the right to and under Westchester avenue; and thence by viaduct over and along Westchester avenue to the Southern Boule- vard and thence further to the north on the easterly branch of the said rapid transit railroad; and WHEREAS, Heretofore and on or about the 2ist day of Febru- ary, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of the said Rapid Transit Railroad in the City of New York and otherwise, as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation ; and WHEREAS, The Contractor has deposited with the Comptroller of the City certain security for the performance of the said Con- tract for Construction and Operation on his part and has given certain bonds as further security lor such performance and upon such bonds there are sureties as follows: Rapid Transit Sub- way Construction Company, The United States Fidelity & Guar- anty Company, The City Trust Safe Deposit & Surety Company of Philadelphia, American Surety Company of New York, Na-' tional Surety Company and Perry Belmont ; and WHEREAS, By written instrument bearing date the tenth day of July, 1902, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right or 291 Connection With Manhattan Road obligation to maintain and operate the said Rapid Transit Rail- road for the term of years specified in the said contract and all rights included in the leasing provisions of the said contract, to- gether with the obligation to provide equipment for the said rail- road, unto Interborough Rapid Transit Company, which Com- pany also guaranteed the performance by the Contractor of the provisions of his said contract not so assigned to it ; and WHEREAS, It is in said Contract for Construction and Opera- tion provided that the said Board of Rapid Transit Railroad Com- missioners shall have the right to require additional work to be done or additional materials to be furnished or both, within the general purview of a rapid transit railroad as therein described, the reasonable value of which should be additionally paid to the Contractor; and WHEREAS, The Contractor desires, and the Board approves, a modification of the Routes and General Plan for the Rapid Transit Railroad referred to in the said Contract for Construction and Operation as set forth in certain resolutions adopted by the Board on the i6th day of July, 1903, a copy of which is hereto annexed, in order to provide for an addition to the said Routes and Gen- eral Plan, as in said resolutions and herein described, Now, therefore, in consideration of the premises, but subject to the consent hereinafter provided, it is agreed that the said Contract for Construction and Operation and the Routes and General Plan therein contained be, and the same are hereby modified by adding to the said Routes and General Plan the words following, to wit: "And also a branch or spur extending from the line of the "route aforesaid on Westchester avenue at a point at or near "the intersection of St. Ann's avenue and Westchester ave- "nue and extending westerly along Westchester avenue (be- "ing in addition to the tracks hereinbefore originally pro- "vided over and along such portion of Westchester avenue) "to near Third avenue and from Westchester avenue turning "southerly into Third avenue to a point convenient for con- fection with the railroad of the Manhattan Railway Com- "pany over Third avenue, together with proper connections "by necessary and suitable switches, tracks and otherwise, "with the rapid transit railroad aforesaid at or near the inter- 292 Connection With Manhattan Road "section of St. Ann's avenue and Westchester avenue afore- "said, and also together with proper connections by necessary "and suitable switches, tracks and otherwise "with the said rail- "road of the Manhattan Railway Company upon Third ave- "nue. "The general plan of construction of the route hereby added "shall be by elevated structure of the same character and to be "constructed in the same manner as is hereinbefore provided "for the elevated portion of the rapid transit railroad over and "along Westchester avenue. There shall be at least two "parallel tracks with the right at any time to add a third track "in the discretion of the Board of Rapid Transit Railroad "Commissioners. The said connections, switches and tracks "shall be so constructed as not to interfere with the conve- "nience of running trains without change between the portion "of the said rapid transit railroad over and along Westches- "ter avenue and east of St. Ann's avenue and the portion of "the said rapid transit railroad running from St. Ann's ave- "nue westerly along Westchester avenue and turning thence "southwesterly towards and into East One Hundred and "Forty-ninth street, and as to make convenient the running of "trains without change between such portion of the said "rapid transit railroad lying east of St. Ann's avenue and the "said elevated railroad of the Manhattan Railway Company. "In all other respects the provisions of the said general plan "of construction adopted January I4th and February 4th, "1897, shall be applicable to the portion of the route hereby "added." And it is hereby further agreed that the said con- tract be and the same shall hereafter be deemed to be so modified as that the portion of the rapid transit railroad added by the modification aforesaid of the Routes and General Plan shall in all respects, except as herein otherwise expressly provided, be deemed to be part of the rapid transit railroad originally described in the said contract hereby modified, Provided, however, that the fre- quency of train service upon the said portion of the rapid transit railroad so added by the said modification shall, from time to time, be determined by the Board, Provided, further, however, that the frequency of such service shall in no case be required to be 293 Connection \Vith Manhattan Road greater than is in said contract provided for service upon the re- mainder of the said rapid transit railroad. And it is hereby further agreed that the reasonable value of constructing that portion of the rapid transit rail- road upon the said additional route and including all of the said connections, switches, tracks and all appurtenances of such addi- tion to the said rapid transit railroad shall be deemed a part of the cost of constructing said rapid transit railroad, and shall be ascertained and determined and paid to the Contractor in the man- ner provided in the contract for the construction and operation of said rapid transit railroad in addition to the amounts in said contract originally agreed to be paid unto said Contractor, and that such additional amounts so paid, together with all sums which the City shall be required to pay for right of way or any other easements or rights necessary to be purchased, condemned or otherwise acquired for the construction or operation of the said portion of railroad added by the modification aforesaid, shall be included in the total cost of the construction of the said railroad in determining the amount of rental to be paid under said contract in like manner as if said additional route had been originally author- ized therein,, Provided, however, and it is expressly Agreed That this agreement shall take effect if and when and only when the follow- i.ne consents shall have been duly had, to wit : The consents as subjoined of Rapid Transit Subway Construc- tion Company, The United States Fidelity & Guaranty Company, The City Trust, Safe Deposit & Surety Company of Philadelphia. American Surety Company of New York. National Surety Com- pany, and Perry Belmont; and Provided, further, however, and it is expressly agreed, that this agreement shall take effect if and \vhen, and only when, in addition to the consents aforesaid, there shall be duly executed and delivered in form satisfactory to the Board an agreement un- der seal between the City, the said John B. McDonald, the said Interborough Rapid Transit Company and the Manhattan Rail- way Company providing and assuring that, during the period of the lease contained in the said contract between the City and John 294 Connection With Manhattan Road B. McDonald made on or about the 2ist day of February, 1900, and every renewal or extension thereof, any passenger upon the said rapid transit railroad traveling along Westchester avenue from the north as far as St. Ann's avenue, shall have the right as part of the same trip and without additional fare, to be carried thence upon the portions of the rapid transit railroad hereby added to the railroad of the Manhattan Railway Company along Third avenue, and thence southerly upon the railroad of the Manhattan Railway Company to any point upon the said railroad south of the intersection of the said Third avenue and Westchester avenue, and that any passenger upon the said railroad of the Manhattan Railway Company traveling northerly along said Third avenue as far as Westchester avenue, shall have the right, as part of the same trip and without additional fare, to be carried easterly upon the portion of the rapid transit railroad hereby added along West- Chester avenue to St. Ann's avenue, and thence continuing easter- ly or northerly to any point upon the eastern branch of the rapid transit railroad as described in the said Routes and General Plan ; and Provided, further, however, and it is expressly agreed, that this agreement shall take effect if and when, and only when, the following consents shall have been duly given to the said resolutions adopted by the Board on the i6th day of July, 1903, a copy of which is hereto annexed, providing for the said addition to said Routes and General Plan; the consent of the Board of Aldermen of the City of New York ; the consent of the Mayor of the City of New York ; and the consent of the owners of a majority in value of the property along such streets or such portions of streets as are included in the portion of the route added as afore- said, or if such last mentioned consent cannot be obtained, then in lieu thereof, the determination of three commissioners to be ap- pointed by the Appellate Division of the Supreme Court duly confirmed by the said Appellate Division. The plan hereto annexed entitled "Board of Rapid Transit Rail- road Commissioners for the City of New York ; Routes and Gen- eral Plan adopted by resolution July 16, 1903," is intended to il- lustrate and show in general the addition to and modification of the said original Routes and General Plan as hereby proposed. 295 Connection With Manhattan Road In Witness whereof This contract has been executed for the City of New York, by its Board of Rapid Transit Railroad Commissioners, under and by a resolution duly adopted by said Board, concurred in by more than six of its members, and the seal of the said Board has been hereto affixed and these pres- ents signed by the President and Secretary of the said Board, and the said John B. McDonald has hereto set his hand and seal and the said Interborough Rapid Transit Company has caused its corporate seal to be hereto affixed and attested by its secretary, and these presents to be signed by its president, all the day and year first above written. BOARD OF RAPID TRANSIT R. R. COMMISSIONERS FOR THE CITY OF NEW YORK, By A. E. ORR, PRESIDENT. BION L. BURROWS, SECRETARY. [SEAL.] JOHN B. MCDONALD, [SEAL.] INTERBOROUGH RAPID TRANSIT CO. AUGUST BELMONT, PRESIDENT. [SEAL.] ATTEST : H. M. FISHER, SEC. pro tern. STATE OF NEW YORK. l gc COUNTY OF NEW On this first day of October, 1903, at the City of New York, in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commis- sioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said 296 Connection With Manhattan Road City, that he was the president of the said Board, and that he sub- scribed his name to the foregoing contract by virtue of the author- ity thereof; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York, that he was the secretary of the said Board, and that he subscribed his name thereto by like authority ; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the au- thority of the said Board and of a resolution duly adopted by the s.i me. H. A. D. HOLLMANN, [NOTARIAL] NOTARY PUBLIC FOR [ SEAL. ] Kings County, N. Y. Certificate filed in New York County. STATE OF NEW YORK, 1 (. gc COUNTY OF NEW YORK,J '_' , On this 23d day of September, 1903, before me personally ap- peared John B. McDonald, to me known and known to me to be the individual described in and who executed the foregoing con- tract, and he acknowledged to me that he executed the same. A. W. ANDREWS (39), [NOTARIAL] NOTARY PUBLIC, [ SEAL. ] N. Y. Co. STATE OF NEW YORK, j COUNTY OF NEW YORK/ j On this 28th day of September, 1903, before me personally ap- peared August Belmont, to me known, who being by me first duly sworn, did depose and say, that he resided in the County of Nas- sau, in the State of New York ; that he is President of Interbor- ough Rapid Transit Company, the corporation described in and which executed the foregoing contract; that he knew the cor- porate seal of said Company ; that one of the seals affixed to said contract was such corporate seal ; that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL] NOTARY PUBLIC, [ SEAL ] N. Y. Co. 297 Connection With Manhattan Road The Undersigned, being the sureties of John B. Ale- Donald, the Contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000) and the bond for construction and equipment in the penalty of Five million dollars ($5,000,000) hereby consent to the making of the foregoing instrument. Dated New York, September 23rd, 1903. RAPID TRANSIT SUBWAY CONSTRUCTION CO., By AUGUST BELMONT, PRESIDENT. [SEAL.] AMERICAN SURETY COMPANY OF NEW YORK, DAVID B. SICKLES, VICE-PRESIDENT. HENRY TAFTS, ASSISTANT SECRETARY. [SEAL.] THE UNITED STATES FIDELITY AND GUARANTY COMPANY, By SYLVESTER J. O'SULLIVAN, MANAGER. ATTEST : G. TERRY SINCLAIR, ATTORNEY IN FACT. [SEAL.] PERRY BELMONT. [SEAL.] THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, 160 Broadway, N. Y. A. T. KIERNAN, VICE-PRESIDENT. P. H. MOONEY, ASST. SECRETARY. [SEAL.] Connection With Manhattan Road NATIONAL SURETY COMPANY, By CHAS. A. DEAN, PRESIDENT. ATTEST : BALLARD McCALL, SECRETARY. [SEAL.] THE UNITED STATES FIDELITY AND GUARANTY COMPANY, JOHN R. BLAND, PRESIDENT. ATTEST : RICHD. D. LANG, ASST. SECRETARY. [SEAL.] STATE OF MARYLAND/! CITY OF BALTIMORE, [ ss. : COUNTY OF J On this I4th day of October, A. D. 1903, before me, A. D. Patrick a Notary Public, duly appointed for and residing in the City of Baltimore, County and State aforesaid, personally ap- peared John R. Bland, to me known, who, being by me first duly sworn, did depose and say that he was the President of the United States Fidelity and Guaranty Company, the corporation of the name described in. and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was so affixed thereto by order of the Board of Directors of said com- pany, and that he signed his name thereto by like authority. In witness whereof, I have hereunto set my hand and no- tarial seal at the City of Baltimore and State of Maryland the day and year last above written. [NOTARIAL] [ SEAL. ] A. D. PATRICK, NOTARY PUBLIC. STATE OF MARYLAND.) ' ( 35 CITY OF BALTIMORE, \ I, Robt. Ogle, Clerk of the Superior Court, do hereby certify that A. D. Patrick, who subscribed the annexed certificate of ac- knowledgment was at the time of taking the same a Notary Public in and for the City of Baltimore, residing in said city, and duly Connection With Manhattan Road authorized by the laws of said State to take and certify the same, as well as to take and certify the proof and acknowledgment of deeds, and that the same is taken and certified in all respects as required by the laws of said State ; and I further certify that I am well acquainted with the handwriting of the said A. D. Pat- rick, and verily believe that the signature attached to the annexed certificate is his genuine signature. In witness whereof, I have hereunto set my hand and official seal this i4th day of October, 1903. [SEAT,] ROBT. OGLE, CLERK OF THE SUPERIOR COURT OF BALTIMORE CITY. STATE OF NJEW YORK, ) ss ' COUNTY OF NEW YORK,} On this 28th day of September, 1903, before me personally appeared Perry Belmont, to me known and known to me to be the individual described in and who executed the fore- going consent, and he acknowledged to me that he executed the same. A. W. ANDREWS (39), [NOTARIAL] NOTARY PUBLIC, [ SEAL. ] N. Y. Co. STATE OF NEW YORK, ) SS * COUNTY OF NEW On the 28th day of September, 1903, before me personally appeared Sylvester J. O'Sullivan, to me known, who being by me first duly sworn, did depose and say that he was the Manager of the United States Fidelity & Guaranty Company, the corporation of that name described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the 29th day of September, 1903, before me personally appeared Adrian T. Kiernan, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of The City Trust Safe Deposit and Surety Company of Philadelphia. the corporation of that name described in and which executed the foregoing consent ; that he knew the corporate seal of said company; that one of the seals affixed to said consent was 300 Connection With Manhattan Road such corporate seal; that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. And also, on the 28th day of September, 1903, before me personally appeared David B. Sickles, to me known, who being by me first duly sworn, did depose and say that he was th'e Vice-President of American Surety Company of New York, the corporation of that name described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like au- thority. And also, on the 29th day of September, 1903, be- fore me personally appeared Charles A. Dean, to me known, who being by me first duly sworn, did depose and say that he was the President of National Surety Company of New York, the corporation of that name described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the 28th day of September, 1903, before me personally appeared August Belmont, to me known, who being by me first duly sworn, did depose and say that he was the President of Rapid Transit Subway Construction Company, the corporation of that name described in and which executed the foregoing con- sent ; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name there- to by like authority. A. W. ANDREWS (39), [NOTARIAL] NOTARY PUBLIC, [ SEAL. ] N. Y. Co. Approval by Corporation Counsel. THE FOREGOING CONTRACT is HEREBY APPROVED AS TO FORM. Dated New York, September i8th, 1903. G. L. RIVES, CORPORATION COUNSEL. 301 Connection With Manhattan Road Copy Resolution of i6th July, 1903. WHEREAS, This Board did, on the I4th day of January, 1897, and 4th day of February, 1897, adopt certain Routes and General Plan for a rapid transit railroad in the City of New York, a copy of which is hereto annexed entitled "Copy Routes and General Plan" ; and WHEREAS, The said Routes and General Plan were afterward duly approved by the municipal authorities of the City of New York, and were duly consented to by commissioners appointed by the Appellate Division of the Supreme Court, which consent was duly confirmed by the said Appellate Division, in lieu of the con- sent of the owners of a majority in value of the property along said routes; and WHEREAS, thereafter, and on or about the 2ist day of Feb- ruary, 1900, the City of New York did by this Board enter into a certain contract with John B. McDonald for the construction and operation of the said rapid transit railroad; and WHEREAS, by written instrument bearing date the loth day of July, 1902, the said John B. McDonald, with the written consent of this Board, concurred in by six members thereof, duly assigned the right or obligation to maintain and operate the said rapid transit railroad for the term of years specified in the said contract and all rights included in the leasing provisions of the said con- tract, together with the obligation to provide equipment for the said railroad, unto Interborough Rapid Transit Company, which company also guaranteed the performance by the said John B. McDonald as such contractor, of the provisions of his said con- tract not so assigned to it ; and WHEREAS, it is the interest of the City of New York, and, in the opinion of the said John B. McDonald, it is likewise in his in- terest as such contractor, and he desires that said Routes and Gen- eral Plan shall be changed in the respect hereinafter mentioned, but without other change in the said Routes and General Plan ; now therefore it is RESOLVED, That, subject to the consents and approvals to be first obtained as in these resolutions hereinafter mentioned, the said Routes and General Plan heretofore adopted by this Board be, and they hereby are, modified by adding to the said routes the following, to wit, 302 Connection With Manhattan Road And also a branch or spur extending from the line of the route aforesaid on Westchester avenue at a point at or near the inter- section of St. Ann's avenue and Westchester avenue and extend- ing westerly along Westchester avenue (being in addition to the tracks hereinbefore originally provided over and along such por- tion of Westchester avenue) to near Third avenue and from Westchester avenue turning southerly into Third avenue to a point convenient for connection with the railroad of the Manhat- tan Railway Company over Third avenue together with proper connections by necessary and suitable switches, tracks and other- wise, with the rapid transit railroad aforesaid at or near the in- tersection of St. Ann's avenue and Westchester avenue aforesaid, and also together with proper connections by necessary and suit- able switches, tracks and otherwise with the said railroad of the Manhattan Railway Company upon Third avenue. The general plan of construction of the portion of the route hereby added shall be by elevated structure of the same character and to be constructed in the same manner as is hereinbefore pro- vided for the elevated portion of the rapid transit railroad over and along Westchester avenue. There shall be at least two parallel .tracks with the right at any time to add a third track in the dis- cretion of the Board of Rapid Transit Railroad Commissioners. The said connections, switches and tracks shall be so constructed as not to interfere with the convenience of running of trains with- out change between the portion of the said rapid transit railroad over and along Westchester avenue and east of St. Ann's avenue and the portion of the said rapid transit railroad running from St. Ann's avenue westerly along Westchester avenue and turning thence southwesterly towards and into East One Hundred and Forty-ninth street, and as to make convenient the running of trains without change between such portion of the said rapid transit railroad lying east of St. Ann's avenue and the said elevated rail- road of the Manhattan Railway Company. In all other respects the provisions of the said general plan of construction adopted January i4th and February 4th, 1897, shall be applicable to the portion of the route hereby added; and it is further RESOLVED that, W r hereas this Board has duly made the in- quiries and investigation necessary or proper in the premises, and has determined that the modification aforesaid of the said Routes 303 Connection With Manhattan Road and General Plan are necessary for the interests of the public and of the City of New York and should be established as herein pro- vided, this Board does hereby determine and establish the said Routes and General Plan as hereby modified, subject to the con- sents and approvals to be first obtained as hereinafter mentioned ; and it is further RESOLVED, That the said modifications of Routes and General Plans shall take effect only upon and after the following consents and approvals thereto shall be duly had, to-wit: 1. The consent of the Board of Aldermen of The City of New York. 2. The consent of the Mayor of The City of New York. 3. The consent of the owners of a majority in value of the property along streets or such portions of streets as are included in the portion of the routes added as aforesaid ; or, if such con- sents cannot be obtained, then, in lieu thereof, the determination of three commissioners to be appointed by the Appellate Division of the Supreme Court, duly confirmed by the said Appellate Di- vision. 4. The consent of the said John B. McDonald, contractor, and of his sureties, as follows : Rapid Transit Subway Construction Company; The United States Fidelity and Guaranty Company; The City Trust, Safe Deposit and Surety Company of Philadel- phia ; American Surety Company of New York ; National Surety Company and Perry Belmont. It is further Resolved, that this Board hereby adopts the draw- ing now produced and entitled "Board of Rapid Transit Railroad Commissioners for the City of New York, Routes and General Plan adopted by resolution, July 16, 1903," as showing in general the additions to and modifications of the original Routes and Gen- eral Plan hereby adopted, numbered one as showing the modifica- tions or extension hereby adopted. [Drawing attached to original agreements.] 304 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad CONTINUING BOND Dated, November 24th, 1903 Continuing Bond Agreement made this 24th day of November, in the year Nineteen hundred and three, between THE CITY OF NEW YORK (hereinafter called the City), acting by the Board of Rapid Tran- sit Railroad Commissioners for the City of New York (herein- after called the Board), party of the first part, and JOHN B. MC- DONALD, of The City of New York (hereinafter called the Con- tractor), and INTERBOROUGH RAPID TRANSIT COMPANY (herein- after called the Interborough Company), parties of the second part, WITNESSETH : WHEREAS, Heretofore and on or about the 2ist day of Feb- ruary, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of the Rapid Transit Railroad in the City of New York and otherwise, as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation; and WHEREAS, On or about the 2ist day of February, 1900, and im- mediately after the execution of the Contract for Construction and Operation, the City, acting by the Board, entered into a contract with the Contractor modifying the said Contract for Construction and Operation, the said modifying contract being hereinafter styled the Agreement for Modification of Contract; and WHEREAS, Upon entering into said Contract for Construction and Operation and said Agreement for Modification of Contract, the Contractor gave a bond to the City for the performance of the said Contract for Construction and Operation, with Perry Bel- mont as surety thereon, known as the Continuing Bond, and caused to be deposited with the City as collateral security therefor certain securities of the value of more than One million dollars ($1,000,000) ; and WHEREAS, The Contractor, upon entering into said Contract and the said Agreement, deposited with the Comptroller of the City certain other security for the performance of the said Contract for Construction and Operation, on his part, and gave a certain other bond as further security for such performance, and upon such bond there are sureties as follows : Rapid Transit Subway Construction Company, The United States Fidelity & Guaranty Company, The City Trust, Safe Deposit & Surety Company of Philadelphia, American Surety Company of New York, and National Surety Company; and 307 Continuing Bond WHEREAS, By written instrument bearing- date the tenth day of July, 1902, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right or obligation to maintain and operate the said Rapid Transit Railroad for the term of years specified in the said contract and all rights included in the leasing provisions of the said contract, together with the obligation to provide equipment for the said railroad, unto Interborough Rapid Transit Company, which Company also guaranteed the per- formance by the Contractor of the provisions of his said con- tract not so assigned to it; and WHEREAS, The Contractor and Perry Belmont, the surety upon said Continuing Bond, desire, and the Board approves, a modification of the said Contract ;for Construction and Operation ; Now, therefore, in consideration of the premises, but subject to the consents hereinafter provided, it is agreed that the said Contract for Construction and Operation, and the said Agreement for Modification of Contract, be, and the same hereby are, modified so as to provide that upon the receipt by the City, acting by the Board, from the Contractor and the Interborough Company of the bond or deposit of cash or securities as hereinafter mentioned, it may consent to the surrender and cancellation of the said Continuing Bond originally given as aforesaid, with Perry Belmont as surety thereon, and also to the surrender to the Contractor and to the Interborough Company of securities amounting in value to at least One million dollars ($1,000,000) deposited as afore- said, Provided, however, and it is expressly agreed that this agreement shall take effect when, and only when the Con- tractor and the Interborough Company shall give to the City in lieu of the said Continuing Bond so to be cancelled a bond in amount at least One million dollars ($1,000,000), upon which the said Contractor and the Interborough Company shall be principals, with sureties approved by the Board. Said bond shall be a continuing security and shall provide for the prompt payment by the said Contractor or the said Inter- borough Company of the amount of the annual rental specified in the Contract for Construction and Operation and also for 308 Continuing Bond the faithful performance by said Contractor and Interborough Company of all the conditions, covenants and requirements specified and provided for in said contract. The said bond shall, except as to names of the sureties, be substantially in the form hereto annexed entitled "Form of Bond.'' In lieu of said bond the said Contractor or the Interborough Company may, upon the approval of the Board, deposit with the Comp- troller of the City cash equal in amount to the entire amount of the said bond or securities which are lawful for the in- vestment of the funds of savings banks within this State and are worth not less than the entire amount of said bond. And it is further agreed, that the said Contract for Construction and Operation and the said Agreement for Modi- fication of Contract be and the same hereby are modified so as to provide that the Board may, in case any of the sureties upon the said bond so to be given or upon any bond to be given in lieu thereof as hereinafter provided shall become in- solvent or unable in the opinion of the Board promptly to pay the amount of such bond to the extent of which such surety might be liable, then the Contractor or the said Interborough Company within thirty days after notice by the Board to the Contractor or said Interborough Company shall, by supple- mental -bond or otherwise, substitute another and sufficient surety in place of the surety so insolvent or unable. If the Contractor or said Interborough Company shall fail within such thirty days or such further time as the Board may grant to so substitute another and sufficient surety, then the Con- tractor or the Interborough Company shall be deemed for all the purposes of the Contract for Construction and Operation and its modifications to be in default in the performance of his or its obligations thereunder and the Board may terminate the said Contract or may bring any proper suit or proceeding against the Contractor or the said Interborough Company or any of their sureties or either of them or may require to be deducted from any moneys then in or thereafter coming into the hands of the City and due to the Contractor or the said Interborough Company the amount for which the surety in- solvent or unable as aforesaid shall have justified on said bond ; and the moneys so deducted shall be held by the Comp- 309 Continuing Bond troller as collateral security for the performance of the con- ditions of the said bond. And it is further agreed, that the said Contract for Construction and Operation and the said Agreement for Modi- fication of Contract be and they hereby are modified so as to provide that the Board may, at the request of the Con- tractor or the Interborough Company and as allowed by law, substitute for any continuing bond or deposit given or made by the Contractor or the Interborough Company another bond or deposit to be approved by the Board, which said bond or deposit shall continue in lieu of said former bond or deposit, PROVIDED, HOWEVER, AND IT is EXPRESSLY AGREED that this agree- ment shall take effect when, and only when, the following consents hereto shall be duly had, to wit : The consents, as subjoined, of Rapid Transit Subway Construction Company, The United States Fidelity & Guaranty Company, The City Trust Safe Deposit & Surety Company of Philadelphia. American Surety Company of New York, National Surety Company and Perry Belmont. In Witness whereof, This contract has been executed for the City of New York by its Board of Rapid Transit Rail- road Commissioners, under and by resolution duly adopted by said Board, concurred in by more than six of its members, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the said John B. McDonald has hereto set his hand and sfeal, and the said Interb'orough Rapid Transit Company has caused its corporate seal to be hereto affixed and attested by its Secretary and these presents to be signed by its President, all the day and year first above written. JOHN B. MCDONALD, [SEAL.] INTERBOROUGH RAPID TRANSIT CO., AUGUST BELMONT, PRESIDENT. [SEAL.] ATTEST : JOHN T. BUCK, TREAS. 310 Continuing Bond BOARD OF RAPID TRANSIT RAILROAD COMMISSION- ERS FOR THE CITY OF NEW YORK, By A. E. ORR, PRESIDENT. [SEAL.] BION L. BURROWS. Approval by Comptroller. THE FOREGOING CONTRACT is HEREBY APPROVED. Dated, New York, December 31, 1903. EDWARD M. GROUT, COMPTROLLER. Approval by Corporation Counsel. THE FOREGOING CONTRACT is HEREBY APPROVED AS TO FORM. Dated, New York, December 7th, 1903. G. L. RIVES, CORPORATION COUNSEL. STATE OF NEW YORK, ss * COUNTY OF NEW YORK/ On this 7th day of January, 1904, at the City of New York, in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Bur- rows, the secretary of the Board of Rapid Transit Railroad Com- missioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alex- ander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board, and that he subscribed his name to the foregoing contract by virtue of the authority thereof ; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York, that he was the secretary of the said Board, and that he subscribed his name thereto by like authority ; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument 3" Continuing Bond by the authority of the said Board and of a resolution duly adopted by the same. [SEAL.] H. A. D. HOLLMANN, NOTARY PUBLIC FOR KINGS COUNTY, N. Y. Certificate filed New York County. STATE OF NEW YORK, ) ' ss * COUNTY OF NEW YORK.J On this I4th day of December, 1903, before me personally ap- peared John B. McDonald, to me known and known to me to be the person and Contractor named in and who executed the fore- going contract, and acknowledged to me that he executed the same. A. W. ANDREWS (39), [SEAL.] NOTARY PUBLIC, N. Y. Co. STATL OF NEW YORK, 1 > ss ' COUNTY OF NEW YORK.J On this I4th day of December, 1903, before me personally ap- peared August Belmont, to me known, who being by me first duly sworn, did depose and say, that he resided in the County of Nas- sau, in the State of New York, that he is President of Interbor- ough Rapid Transit Company, the corporation described in and which executed the foregoing contract ; that he knew the cor- porate seal of said Company ; that one of the seals affixed to said contract was such corporate seal ; that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] NOTARY PUBLIC, N. Y. Co. The Undersigned, being the sureties of John B. McDon rid, the Contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000) and the bond for 312 Continuing Bond construction and equipment in the penalty of Five million dollars ($5,000,000) hereby consent to the making of the foregoing in- strument. Dated New York, December I4th, 1903. RAPID TRANSIT SUBWAY CONSTRUCTION CO., By AUGUST BELMONT, PRESIDENT. [SEAL.] THE UNITED STATES FIDELITY & GUARANTY COMPANY, By JOHN R. BLAND, PRESIDENT. [SEAL.] ATTEST : GEO. R. CALLIS, SECRETARY. AMERICAN SURETY COMPANY OF NEW YORK, By WALTER S. JOHNSON, VICE-PRESIDENT. [SEAL.] R. R. BROWN, ASST. SECRETARY. [SEAL.] NATIONAL SURETY COMPANY, By CHAS. A. DEAN, PRESIDENT. [SEAL.] ATTEST : BALLARD McCALL, SECRETARY. THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, 1 60 Broadway, N. Y. A. T. KIERNAN, VICE-PRESIDENT. [SEAL.] P. H. MOONEY, ASST. SECRETARY. 313 Continuing Bond STATE OF NEW YORK. ) *- ss COUNTY OF NEW YORK. ^ On this 22d day of December, 1903, before me personally ap- peared Perry Belmont, to me known and known to me to be the individual described in and who executed the foregoing consent, and he acknowledged to me that he executed the same. A. W. ANDREWS, [SEAL.] NOTARY PUBLIC (39), N. Y. Co. STATE OF NEW YORK, COUNTY OF NEW YORK. On the i6th day of December, 1903, before me personally ap- peared John R. Bland, to me known, who being by me first duly sworn, did depose and say that he was the President of the United States Fidelity & Guaranty Company, one of the corporations de- scribed in and which executed the foregoing consent; that he knew the corporate seal of said company ; that one of the seals af- fixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. And also on the 29th day of December, 1903, before me personally appeared Adrian T. Kiernan, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of The City Trust, Safe Deposit and Surety Company v of Philadelphia, one of the corporations described in and which executed the fore- going consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order <3f the Board of Direc- tors of such company, and that he signed his name thereto by like authority. And also, on the I9th day of December, 1903, before me personally appeared Walter S. Johnston, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of the American Surety Company of New York, one of the corporations described in and which executed the fore- going consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like au- thority. And also, on the 23rd day of December, 1903, before me Continuing Bond personally appeared Charles A. Dean, to me known, who being by me first duly sworn, did depose and say that he was the Presi- dent of National Surety Company of New York, one of the cor- porations described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. And also on the I4th day of December, 1903, before me personally ap- peared August Belmont, to me known, who being by me first duly sworn, did depose and say that he was the President of Rapid Transit Subway Construction Company, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that one of the seals af- fixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] NOTARY PUBLIC, N. Y. Co. Form of Bond. KNOW ALL MEN BY THESE PRESENTS, That JOHN B. MCDON- ALD and INTERBOROUGH RAPID TRANSIT COMPANY [hereinafter called Interborough Company] (the said John B. McDonald and Interborough Company being hereinafter called the Principals) and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and UNITED STATES FIDELITY AND GUARANTY COMPANY, both cor- porations of the State of Maryland, carrying on business in the State of New York, and having their respective offices and usual places of business at No. 35 Wall Street, and 66 Liberty Street, in the City of New York [hereinafter called the Sureties], are held and firmly bound unto the CITY OF NEW YORK [hereinafter called the City] in the penal sum of One Million Dollars ($1,000,- ooo), lawful money of the United States of America, to be paid to the City, for which payment well and truly to be made the said John B. McDonald binds himself, his executors, administrators and assigns and Interborough Company binds itself and its suc- cessors, and the said Sureties bind themselves, their successors and assigns, jointly and severally, firmly by these presents, as follows : 315 Continuing Bond The said Principals to be so held and bound in the full amount of the said One million dollars ($1,000,000), and each of the said Sureties to be so held and bound, and bound only in the sum of Five hundred thousand dollars ($500,000). IN WITNESS WHEREOF, John B. McDonald has hereto set his hand and seal and Interborough Company and the Sureties have caused these presents to be duly executed by their respective offi- cers thereunto duly authorized and their respective corporate seals to be hereunto affixed this day of November, in the year of our Lord one thousand nine hundred and three (1903). WHEREAS, The City, by its Board of Rapid Transit Railroad Commissioners (hereinafter called the Board) heretofore entered into a contract with John B. McDonald, bearing date the 2ist day of February, 1900, for the construction and equipment, and after such construction and equipment shall be complete, then for the lease and operation of the Rapid Transit Railroad in the City of New York, particularly described in said contract, which contract was thereafter modified by certain amendatory and supplemental agreements ; and WHEREAS, upon entering into such contract the said John B. McDonald gave a bond to the City, with Perry Belmont as Surety thereon, known as the Continuing Bond, and deposited with the City as collateral security therefor certain securities of the value of more than One million dollars ($1,000,000) ; and WHEREAS, On the loth day of July, 1902, the said John B. McDonald duly assigned to Interborough Company so much of said contract as provided for the maintenance and operation of the said Rapid Transit Railroad (including the equipment there- of) together with the right or obligation to maintain and operate the said road or roads in the Rapid Transit Contract described for and during the remainder of the term of years specified in such contract, and all rights with respect to such maintenance and operation or included in the leasing provisions of such contract, subject to all the terms and conditions therein stated, together with all obligations assumed by said McDonald in and by the said Rapid Transit Contract with respect to the equipment of said Railroad ; and WHEREAS, By such assignment Interborough Company assumed all the obligations whatsoever of the said McDonald in respect of the portions of the contract affected by said assignment and agreed 316 Continuing Bond to carry out and perform the same and also covenanted with the said City that the said McDonald should fully perform all the obligations and comply with all the provisions and terms of the said contract which were not assigned to and assumed by Inter- borough Company, as above set forth; and WHEREAS, The said contract has been modified in writing from' time to time in other respects with the consent of both of the par- ties thereto and of the Surety upon said Continuing Bond by the amendatory and supplemental agreements above referred to ; and WHEREAS, The said contract has been especially and by agree- ment between the City, acting by the Board and the said John B. McDonald and Interborough Rapid Transit Company with the consent of Perry Belmont, dated the 24th day of November, 1903, modified so as to provide that the City by the Board may consent to the surrender and cancellation of the said bond originally given as aforesaid with 'Perry Belmont as surety thereon, and may also surrender to the Contractor and the Interborough Company the securities, amounting in value to at least One million dollars ($1,000,000), deposited as aforesaid (but such surrender to be made with the written consent of the Rapid Transit Subway Con- struction Company, which originally made the deposit as afore- said) and to accept this bond in lieu of such original bond 'and of such securities ; and WHEREAS, The sureties on such Continuing Bond have re- quested the City by this Board to surrender such original bond and securities; and WHEREAS, The City, by the Board, has accordingly consented to so surrender the said bond and securities amounting in value to at least One million dollars ($1,000,000) deposited as aforesaid, and to accept this bond in lieu of said bond and securities ; and WHEREAS, Such consent has been given, and such surrender of securities will be made upon and only upon the faith and security of this bond ; Now, THEREFORE, the condition of this obligation is such that if John B. McDonald and Interborough Company shall promptly pay the amount of the annual rental specified in said contract and shall also faithfully perform all the conditions, covenants and re- quirements therein and in any modifications thereof, specified and provided, and in case of default on the part of Interborough Com- Continuing Bond pany or on the part of the said John B. McDonald, as provided in Section 34 of the Rapid Transit Act, Interborough Company or said McDonald shall pay the amount of the deficiency therein men- tioned, then this obligation shall be null and void, but else it shall remain in full force and virtue. IT is EXPRESSLY AGREED between the City and the Sureties and it is upon such agreement that the City accepts this bond, that the Sureties will and do waive any and every notice of default on the part of Interborough Company or of said McDonald; that they will and do permit the City to extend the time of Interborough Company or of said McDonald to make any payment or do any act; that no omission on the part of the City to give any notice or extension of time granted by or on behalf of the City shall be availed of by the Sureties as a defense upon this bond; that the Sureties shall not set up or have any defense upon this bond by reason of any alteration of the said contract, unless such altera- tion shall be represented by formal written instrument, duly ex- ecuted, between the City and Interborough Company or said Mc- Donald, as the case may be, which shall have been duly author- ized by a vote of the Board, and that in case of such alteration, however made, the same shall be a defense to the Sureties only to the extent of the actual injury or damage caused to the Sure- ties by said alteration. IT is EXPRESSLY AGREED between the City and the Sureties that that the Sureties hereby assume all the obligations prescribed for sureties upon bonds like this by Chapter 4 of the Laws of 1891 and the various acts amendatory thereof (all such acts together being known as the "Rapid Transit Act"). This bond shall be a continuing security to The City of New ^ork for the entire term of fifty (50) years after the complete construction and equipment of the Rapid Transit Railroad, as prescribed in the said contract and the several modifications there- of, and the declaration of the Board that the said Railroad and its equipment are so complete. AND WHEREAS, The said John B. McDonald deposited with the City the sum of One million dollars ($1,000,000) in cash or securities approved by the Board as security for the performance by the said McDonald of some of the acts and things, the per- formance of "which is secured hereby ; and 3T8 Continuing Bond WHEREAS, contemporaneously with the delivery and execution of the Rapid Transit Contract above referred to, the said John B. McDonald also delivered to the City a bond in the sum of Five million dollars ($5,000,000) as further security for the perform- ance by him of some of the acts and things, the performance of which is secured hereby ; Now, THEREFORE, it is further expressly agreed between the City and the Sureties that the City shall be at liberty, in case of any default by the said John B. McDonald, or by the Interborough Rapid Transit Company, against whom this bond is given as se- curity, to collect the loss or damage to the City caused thereby cither from the Sureties on this bond or the sureties on such other bond or bonds, or out of the said deposit, or out of all such secur- ities as the City may elect. INTERBOROUGH RAPID TRANSIT COMPANY, By ATTEST : UNITED STATES FIDELITY AND GUARANTY COM- PANY, By ATTEST : FIDELITY AND DEPOSIT COMPANY OF MARYLAND, By ATTEST : 319 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad THIRD TRACK NORTH OF FORT GEORGE Dated, March 24th, 1904 Third Track North of Fort George Agreement made this twenty-fourth day of March, in the year nineteen hundred and four, between The City of New- York (hereinafter called the "City") acting by the Board of Rapid Transit Railroad Commissioners for The City of New York (hereinafter called "the Board"), party of the first part, and John 11 McDonald of The City of New York (hereinafter called "the Contractor"), party of the second part, and Inter- borough Rapid Transit Company (a corporation organized and existing under the laws of the State of New York hereinafter called "Interborough Company"), party of the third part, wit- nesseth : WHEREAS heretofore and on or about the 2ist day of February, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a Rapid Transit Railroad in The City of New York and otherwise, as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation, which contract was on said day modified in certain respects by a further agreement be- tween the said parties bearing the same date; and which contract has been further modified by certain other agreements between the said parties; and \\ HERE AS By agreement between the City and- the Contractor, dated June 21, 1900, the routes and general plan for the con- struction and operation of the said Rapid Transit Railroad were duly modified by striking from the same the portion thereof be- ginning at a point under Eleventh avenue on the centre line there- of produced, and eleven hundred and five (1,105) f eet north of the centre line of One Hundred and Ninetieth street, and run- ning thence as described in said routes and general plan to a point at or near the intersection of Broadway with Amsterdam avenue and south of Riverdale avenue ; and by inserting in the said routes instead of the portion thereof thus struck out the route as here- inafter in this agreement described ; and by adopting a general plan of construction for the portion of the route thereby substi- tuted as in said agreement, dated June 21, 1900, to which refer- ence is hereby had, is more fully set forth and provided, which agreement, and the routes and plans therein contained, was there- after approved and consented to as therein provided ; and WHEREAS the Contractor has deposited with the Comptroller of the City certain security for the performance of the said con- 323 Third Track North of Fort George tract for construction and operation on his part, and has given certain bonds as further security for such performance and upon such bonds there are now sureties as follows : Rapid Tran- sit Subway Construction Company, The United States Fidelity and Guaranty Company, The City Trust Safe Deposit and Surety Company of Philadelphia, American Surety Company of New York, National Surety Company and Fidelity and Deposit Com- pany of Maryland; and WHEREAS, by written instruments bearing date the tenth day of -July, 1902, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right and obligation to maintain and operate the said Rapid Tran- sit Railroad for the term of years specified in the said contract and all rights included in the leasing provisions of the said con- tract, together with the obligation to provide equipment for the said railroad unto Interborough Company, "which company also guaranteed the performance by the Contractor of the provisions of so much of his said contract as was not so assigned to it; and WHEREAS, it is in said contract for Construction and Operation provided that the said Board of Rapid Transit Railroad Com- missioners shall have the right for any section of the railroad to require additional work to be done or additional materials to be furnished or both, within the general purview of a rapid transit railroad as therein described, the reasonable value of which shall be additionally paid to the Contractor; and WHEREAS, the Contractor desires, and the Board approves, a modification of the said Contract for Construction and Operation in order to provide for the additional construction of certain side tiacks for terminal purposes and otherwise; and WHEREAS, It is in said contract for the construction and oper- ation of the Rapid Transit Railroad provided that the Contractor shall locate and furnish terminal grounds subject to the approval of said Board, having a mileage of not less than five miles and capable of storing the equipment to be furnished under said con- tract for which he is to be paid, as specified therein, amounts not exceeding in all the sum of One million seven hundred and fifty thousand dollars ($1,750,000), and the Contractor has already located and furnished or made provision to furnish terminals at a cost to him in excess of said sum, 324 Third Track North of Fort George Now, Therefore, in consideration of the premises, and sub- ject to the consents hereinafter provided, it is agreed that the said contract of February 21, 1900, be and the same is hereby modified as follows: In addition to the tracks to be laid as prescribed in the Specifi- cations in said contract contained under the head "I. General De- scription," the Contractor shall, at the time of constructing the same, also lay and construct an additional side track upon the portion of the route under or over private property, Eleventh avenue, Naegle avenue, Amsterdam avenue, Broadway or Kings- bridge road, Riverdale avenue and Two Hundred and Thirtieth street from a point at or near the north portal of the tunnel of the said Rapid Transit Railway now being constructed on private property near the intersection of Eleventh and Naegle avenues to a point at or near the intersection of Two Hundred and Thir- tieth street and Bailey avenue ; the same to be laid and constructed in accordance with certain plans and drawings prepared and issued by the Chief Engineer of the Board, which are hereunto annexed as a part of this agreement, marked "Rapid Transit Railroad "Commissioners, Office of the Chief Engineer, Drawing No , "Dated day of , 1903," and "which additional side track shall be included as a part of the railroad described in the leasing provisions of the contract afore- said duly assigned to Interborough Company as above set forth. AND IT is FURTHER AGREED that the cost of constructing that portion of the said additional side track from the point at or near the north portal of the tunnel near the intersection of Eleventh and Naegle avenues to the point at or near the intersection of Amsterdam avenue with Kingsbridge road or Broadway and south of Riverdale avenue, a distance of 4,638 feet or there- abouts, shall be deemed a part of the cost of constructing said Rapid Transit Railroad, and shall be paid to the Contractor in the manner provided in the contract for construction and opera- tion of said Rapid Transit Railroad, in addition to the amounts in said contract agreed to be paid unto said Contractor ; and such cost shall be included in the total cost of the construction of the said railroad in determining the amount of rental to be paid under said contract, in like manner as if so much of said side track had been originally authorized therein ; 325 Third Track North of Fort George AND IT is FURTHER AGREED that the Contractor be and he is hereby authorized to construct at his own expense and as a part of the terminals of said railway that portion of the said additional track of the said railroad which lies between a point at or. near the intersection of Amsterdam avenue with Kingsbridge road or Broadway and south of Riverdale avenue and a point at or near the intersection of Two Hundred and Thirtieth street with Bailey avenue ; AND IT is FURTHER AGREED for the purposes of this agreement that One hundred and four thousand dollars ($104,000) shall be deemed to be the reasonable value of constructing so much of said additional side track as shall be paid for by the City unto the Contractor as hereinbefore provided, and that the same be paid to the Contractor upon vouchers duly certified and approved as in said contract dated February 21, 1900, is stipulated. PROVIDED, HOWEVER, and it is expressly agreed, that this agree- ment shall take effect if and when and only when the following consents shall have been duly had, to wit: The consent as subjoined of Rapid Transit Subway Construc- tion Company, The United States Fidelity and Guaranty Com- pany, The City Trust, Safe Deposit and Surety Company of Phil- adelphia, American Surety Company of New York, National Sure- ty Company and Fidelity and Deposit Company of Maryland. IN WITNESS WHEREOF, this contract has been executed for The City of New York, by its Board of Rapid Transit Railroad Commissioners, under and by a resolution duly adopted by said Board, concurred in by six of its members, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the Contractor has hereto set his hand and seal, and Interborough Company has caused these presents to be duly executed by its proper officers under its corporate seal, > the day and year first above written. BOARD OF RAPID TRANSIT RAILROAD COMMISSION- ERS FOR THE CITY OF NEW YORK, By [OFFICIAL SEAL.] A. E. ORR, President. BION L. BURROWS, Secretary. JOHN B. McDONALD [SEAL.] 326 Third Track North of Fort George INTERBOROUGH RAPID TRANSIT COMPANY, AUGUST BELMONT, [CORPORATE SEAL.] President. ATTEST : H. M. FISHER, Sec. pro tern. Approval by Corporation Counsel. THE FOREGOING CONTRACT IS HEREBY APPROV- ED AS TO FORM. Dated, New York, April 2 1st, 1904. JOHN J. DELANY, Corporation Counsel. STATE OF NEW YORK, COUNTY OF NEW YORK, On this 2ist day of April, 1904, before me personally appeared Alexander E. Orr and Bion L. Burrows to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brook- lyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by vir- tue of the authority thereof ; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York, that he was the secretary of the said Board and that he sub- scribed his name thereto by like authority ; and both the said Alex- ander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instru- ment by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, Notary Public for Kings County, N. Y. Certificate filed in New York County. [SEAL.] . 327 Third Track North of Fort George STATE OF NEW YORK, ) * ss * COUNTY OF NEW YORK, I On, this 28th day of April, 1904, before me personally appeared JOHN B. MCDONALD, to me known and known to me to be the person and Contractor named in and who executed the foregoing contract, and duly acknowledged to me that he executed the same. A. W. ANDREWS (39), [NOTARIAL NOTARY, PUBLIC, SEAL.] N. Y. Co. STATE OF NEW YORK, ) ^ ss * COUNTY OF NEW YORK,] On this 25th day of April, 1904, before me personally appeared AUGUST BELMONT, to me known, who being by me first duly sworn, did depose and say, that he resided in the County of Nassau, in the State of New York, that he is President of the Interborough Rapid Transit Company, the corporation described in and which executed the foregoing contract; that he knew the corporate seal of said company; that one of the seals affixed to said contract was such corporate seal; and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL NOTARY, PUBLIC, SEAL.] N. Y. Co. The Undersigned being the sureties of John B. Mc- Donald, the contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000), and the bond for construction and equipment in the penalty of Five million dollars ($5,000,000) hereby consent to the making of the fore- going instrument. Dated New York, April 25th, 1904. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, [CORPORATE By AUGUST BELMONT, SEAL.] PRESIDENT. 328 Third Track North of Fort George THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, [CORPORATE By ANDREW FREEDMAN, SEAL.] VICE-PRESIDENT. THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, 160 BROADWAY N. Y. [CORPORATE A. T. KIERNAN, SEAL.] VICE-PRESIDENT. R. M. STONE, ASST. SECRETARY. Asst, Secretary. [SEAL.] AMERICAN SURETY COMPANY OF NEW YORK, [CORPORATE By H. D. LYMAN, SEAL.] PRESIDENT. NATIONAL SURETY COMPANY, [CORPORATE By WM. B. JOYCE, SEAL.] PRESIDENT. Attest : BALLARD McCALL, Secretary. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Surety on the continuing bond only. [CORPORATE By HENRY B. PLATT, SEAL.] VICE-PRESIDENT. STATE OF NEW YORK, COUNTY OF NEW YORK,' On this 25th day of April, 1904, before me personally appeared AUGUST BELMONT, to me known, who, being by me first duly sworn, did depose and say, that he was the President of Rapid Transit Subway Construction Company, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that one of the seals 329 Third Track North of Fort George affixed to said consent was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL NOTARY PUBLIC, SEAL.] N. Y. Co. STATE OF NEW YORK, ) > ss ' COUNTY OF NEW YORK,J On this 28th day of April, 1904, before me personally appeared ANDREW FREEDMAN, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of the United States Fidelity and Guaranty Company, one of the corpora- tions described in and which executed the foregoing consent ; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL NOTARY PUBLIC, SEAL.] N. Y. Co. STATE OF NEW YORK, ) * ss ' COUNTY OF NEW YORK,J On this 2nd day of May, 1904, before me personally appeared ADRIAN T. KIERNAN to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of The City Trust Safe Deposit and Surety Company of Philadelphia, one of the corporations described in and which executed the fore- going consent; that he knew the corporate seal of said com- pany; that one of the seals affixed to said consent was such corporate seal, and that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL NOTARY PUBLIC, SEAL.] N. Y. Co. 330 Third Track North of Fort George STATE OF XE\V YORK, ) I. gg ; COUNTY OF NEW YORK,J On this 28th day of April, 1904, before me personally appeared HENRY D. LYMAN, to me known, who being by me first duly sworn, did depose and say that he was the President of American Surety Company of New York, one of the corporations described in and which executed the foregoing consent ; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal, and that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL NOTARY PUBLIC, SEAL.] N. Y. Co. STATE OF NEW YORK, COUNTY OF NEW YORK/ On this 2nd day of May, 1904, before me personally appeared WILLIAM B. JOYCE, to me known, who being by me first duly sworn, did depose and say that he was the President of National Surety Company of New York, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal, and that it was affixed there- to by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL NOTARY PUBLIC, SEAL.] N. Y. Co. STATE OF NEW YORK, COUNTY OF NEW YORK/ On this 28th day of April, 1904, before me personally appeared HENRY B. PLATT, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of Fidelity and Deposit Company of Maryland, one of the corpora- tions described in and which executed the foregoing consent; 331 Third Track North of Fort George that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal, and that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [NOTARIAL NOTARY PUBLIC, SEAL.] N. Y. Co. 331 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad RATE OF RENTALS Dated, 3d November, 1904 Rate of Rentals Agreement made this third day of November, in the year one thousand nine hundred and four, between THE CITY OF NEW YORK (hereinafter called the City), acting by the Board of Rapid Transit Railroad Commissioners for the City of New York (here- inafter called "the Board"), party of the first part, and JOHN B. McDoxALD, of the City of New York (hereinafter called the "Contractor"), and INTERBOROUGH RAPID TRANSIT COMPANY (hereinafter called "Interborough Company"), parties of the sec- ond part. WHEREAS, heretofore and on the 2ist day of February, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a rapid transit railroad in the City of New York (hereinafter called "the Rail- road"), which contract has since been modified in certain par- ticulars by certain agreements between the parties, and. which contract as so modified is hereinafter called "the Contract"; and WHEREAS, it was in the Contract provided that the Railroad for the purpose of the Contract was divided into four sections, and The City let the Railroad unto the Contractor for the term therein mentioned ; the said term to be fifty years and to run from the date on which Section I. of the Railroad should be declared by the Board to be ready for operation : provided, however, that if the Railroad should include Sections II., III. and IV., or any of them, the term of the lease as to each of such sections so included should run from the date or dates on which it should be declared by the Board to be ready for operation, and should end at the end of the said first-men- tioned term of fifty years ; and WHEREAS, by written instruments bearing date the loth day of July, 1902, the Contractor with the written consent of the Board, concurred in by six members thereof, duly assigned the right or obligation to maintain and operate the Railroad for the term of years specified in the said contract, and all rights included in the leasing provisions of the said contract, together with the obligation to provide equipment for said Railroad, unto the Interborough Company, which company also guaranteed the performance by the Contractor of the provisions of the contract not so assigned to it ; and 335 Rate of Rentals WHEREAS, the Board has duly declared Section I. of the Rail- road to be ready for operation on and after the twenty-seventh day of October, One Thousand Nine Hundred and Four (al- though the whole of the work on the said Section was not then completed), by reason whereof the rental for the use of the said Section, as well as the said term of fifty years for the operation of the Railroad, began on the said last-mentioned date; and WHEREAS, the Board has also granted permission to the parties of the second part to operate for the transportation of pas- sengers, on and after October 27, 1904, in addition to Section I., certain portions of Section II. and III. (although the whole of the said Sections II. and III. were not then completed nor ready for operation), the parts of the Railroad so to be op- erated consisting of the Railroad on the west side from the ter- minus at the City Hall to and including the station at the intersection of I45th Street and Broadway; and the Inter- borough Company has in fact operated the Railroad on the west side from the City Hall to I45th Street beginning on the 27th day of October, 1904; and WHEREAS, it is expected that the whole of Section II. will shortly be ready for operation, and that portions of Sections III. and IV. will be ready for operation at various times within the next twelve months ; and WHEREAS, the Contract fails to provide fully for ascertaining the rental to be paid in case less than an entire Section is declared to be ready for operation, and doubts have therefore arisen as to the manner in which the rental should be ascer- tained in respect to those portions of Sections II. and III. which have been operated beginning October 27, 1904, as aforesaid; and the parties of the second part desire and re- quest a further modification of the contract so as to remove such doubts and also so as to provide a method for ascertain- ing the rental to be paid on such portions of the Railroad less than an entire Section in length as may be put in operation from time to time hereafter. Mow, therefore, this Agreement witnesseth, that in consider- ation of the premises and subject to the consents' hereinafter provided, it is Agreed as follows: 336 Rate of Rentals FIRST. From the said 2/th day of October, 1904, the Inter- borough Company shall and will pay The City rental for the portions of the Railroad above described as follows : A. With respect to Section I, the rental required by the Contract to be paid therefor. B. With respect to that portion of Section II. operated as aforesaid, beginning October 27, 1904, the rental shall be fixed and ascertained in the following manner, viz. : The cost of the said portion shall, for the purposes of this Agreement (and for no other purpose) be taken and assumed to be such a proportion of $11,000,000 (the contract price of the entire Section), as 63,000 feet (the length of single track contracted for and constructed in the portion operated October 27, 1904) bears to 89,400 feet (the length of single track contracted for in the entire Section), together with the cost of all extra work duly authorized in the portion operated October 27, 1904, less the cost of all work duly directed to be omitted therein. The rental shall be the percentage of such cost, to be computed in the same manner and on the same basis as though the said portion of Section II. operated October 27, 1904, constituted the whole of one of the Sections mentioned and described in the Contract. C. With respect to that portion of Section III. operated as aforesaid beginning October 27, 1904, the rental shall be fixed and ascertained in the following manner, viz. : The cost of the said portion shall, for the purposes of this Agreement (and for no other purpose), be taken and assumed to be such a proportion of $6,000,000 (the contract price of the entire Section), as 5,500 feet (the length of single track contracted for and constructed in the portion operated October 27, 1904) bears to 45,800 feet (the length of single track contracted for in the entire Section), together ^cvith the cost of all extra work- duly authorized in the portion operated October 27, 1904, less the cost of all work duly directed to be omitted -therein. The rental shall be the percentage of such cost, to be computed in the same manner and on the same basis as though the said portions of Section III. operated Oc- 337 Rate of Rentals tober 27, 1904, constituted the whole of one of the Sec- tions mentioned and described in the Contract. SECOND. Beginning with the clay from which the whole of Section II. is declared by the Board to be ready for operation, the rental on the said Section shall be the rental required in the Contract to be paid therefor. THIRD. From time to time as further portions of the Railroad are permitted by the Board to be operated after the date of this Agreement, if the same shall (with portions theretofore permitted to be operated) constitute less than an entire Sec- tion as described in the Contract, the Interborough Company shall and will pay to The City rental for such portions of Railroad, which rental shall be fixed and ascertained on the principles and in the manner herein above provided with re- spect to the portions of Sections II. and III. operated October 27, 1904. But beginning with the day from which Sections III. and IV. respectively are declared by the Board to be ready for operation, the rental on each of the said Sections shall be the rental required in the Contract to be paid therefor. FOURTH. Nothing in this instrument shall be construed to relieve the parties hereto of the second part, or either of them, from the obligation of completing the Railroad and the equip- ment thereof, or from any other obligation which they, or either of them, have assumed under the Contract or other- wise ; nor to affect the amount of rental to be paid for terminals or real estate acquired in fee, or the amount of rental to be paid for the use of the Railroad from and after the time when the whole of the said Railroad shall be declared ready for operation; it being the sole purpose of this Agreement to provide a means of fixing and ascertaining the amount of rental to be paid for the use of various parts of the Railroad from the several times when such parts are permitted by the Board to be operated, down to the day when the whole of the Railroad is declared by the Board to be ready for operation. Provided, however, and it is expressly AGR*EED, that this Agreement shall take effect when and only when the following consents hereto shall be duly had, to wit: The consents as subjoined of Rapid Transit Subway Construction Company, 338 United States Fidelity and Guaranty Company, The City Trust Safe Deposit and Surety Company of Philadelphia, American Surety Company of New York, National Surety Company, and Fidelity and Deposit Company of Maryland. In Witness Whereof, this contract has been executed for the City of New York by its Board of Rapid Transit Railroad Commissioners, under and by resolution duly adopted by said Board and concurred in by more than six of its members, and the seal of the said Board has been hereto affixed and these presents signed by the President and Sec- retary of the said Board, and the said John B. McDonald has hereto set his hand and seal, and the said Interborough Rapid Transit Company has caused its corporate seal to be hereto affixed and attested by its Secretary, and these presents to be signed by its President, all the day and the year first above written. JOHN B. MCDONALD. [L.S.] INTERBOROUGH RAPID TRANSIT COMPANY, [CORPORATE By AUGUST BELMONT, SEAL.] President. Attest : H. M. FISHER, Secretary. BOARD OF RAPID TRANSIT RAIL- ROAD COMMISSIONERS FOR THE CITY OF NEW YORK, [SEAL.] By A. E. ORR, President. Attest : BION L. BURROWS, Secretary. 339 Rate of Rentals Approval by Comptroller. THE FOREGOING CONTRACT IS HEREBY AP- PROVED. Dated New York, Dec. 15, 1904. EDWARD M. GROUT, Comptroller. Approval by Corporation Counsel. THE FOREGOING CONTRACT IS HEREBY AP- Dated New York, November 23, 1904. JOHN J. DELANY, Corporation Counsel. STATE OF NEW YORK. ) *- ss * COUNTY OF NEW YORK,J On the 1 3th day of December, 1904, before me personally ap- peared ALEXANDER E. ORR and BION L. BURROWS, to me known and known to me to be, the said Alexander E. Orr, the presi- dent, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Burrows, that he re- sided in the Borough of Brooklyn, in the said City of New York, that he was the secretary of the said Board and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, [SEAL.] Notary Public, for Kings County, N. Y. Certificate filed in New York County. 340 Rate of Rentals STATE OF NEW YORK, ) * ss. i COUNTY OF NEW YO?.K,J On this 7th day of December, 1904, before me personally ap- peared JOHN B. MCDONALD, to me known and known to me to be the person and Contractor named in and who executed the foregoing contract, and acknowledged to me that he executed the same. A. W. ANDREWS, [SEAL.] Notary Public (39) N. Y. Co. STATE OF NEW YORK, > ss ' COUNTY OF NEW On this 3Oth day of November, 1904, before me personally ap- peared AUGUST BELMONT. to me known, who being by me first duly sworn, did depose and say, that he resided in the County of Nassau, in the State of New York; that he is President of Interborough Rapid Transit Company, the corporation de- scribed in and which executed the foregoing contract; that he knew the corporate seal of said company ; that one of the seals affixed to said contract was such corporate seal; that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like au- thority. CHAS. W. SANDFORD, [SEAL.] Notary Public No. 18, Kings County. Cert, filed in N. Y. County. 341 Rate of Rentals CONSENT OF SURETIES. The undersigned being the sureties of John B. McDonald, the contractor above mentioned, upon the bond for construction and equipment in the penalty of Five million dollars ($5,000,000), hereby consent to the making- of the fore- going agreement. Dated New York, November 3Oth, 1904. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, [CORPORATE by AUGUST BELMONT, SEAL.] President. Attest : H. M. FISCHER, Secretary. THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, [CORPORATE by ANDREW FREEDMAN, SEAL.] Vice-Pres. Attest : ALBERT H. BUCK, Asst. Secretary. THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, [CORPORATE by A. T. KIERNAN, SEAL.] Vice-President. Attest : R. M. STONE, Asst. Secretary. AMERICAN SURETY COMPANY OF NEW YORK, [CORPORATE by WALTER S. JOHNSTON, SEAL.] Vice-Prest. Attest : J. W. MASON, Atty. 342 NATIONAL SURETY COMPANY, [CORPORATE by WM. B. JOYCE, SEAL.] Attest : SAMUEL P. SHRIVER, Secy. The undersigned being ' the sureties of John B. McDonald an4 Interborough Rapid Transit Company upon the continuing bond in the penalty of One million dollars ($1,000,000), hereby consent to the making of the foregoing agreement. Dated, New York, November 30, 1904. THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, [CORPORATE by ANDREW FREEDMAN, SEAL.] Vice-Pres. Attest : ALBERT H. BUCK, Asst. Secretary. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, [CORPORATE by HENRY B. PLATT, SEAL.] Vice-Prest. Attest : HUGH M. ALL WOOD, Attorney in fact. STATE OF NEW YORK, > ss ' COUNTY OF NEW On the 3Oth day of November, 1904, before me personally ap- peared AUGUST BELMONT, to me known, who being by me first duly sworn, did depose and say, that he resided in Nassau County, State of New York ; that he was the President of Rapid Transit Subway Construction Company, one of the 343 Rate of Rentals Corporations described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such cor- porate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. CHAS. W. SANDFORD, [SEAL.] Notary Public No. 18, Kings County. Cert, filed in N. Y. County. STATE OF NEW YORK, ) * ss ' COUNTY OF NEW YORK,J On the 9th day of December, 1904, before me personally ap- peared ANDREW FREEDMAN, to me known, who being by me first duly sworn, did depose and say that he resided in the City of New York, in the State of New York; that he was the Vice- President of the United States Fidelity & Guaranty Company, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. STATE OF NEW YORK, ) > ss * COUNTY OF NEW On the 1 2th day of December, 1904, before me personally ap- peared ADRIAN T. KIERNAN. to me known, who being by me first duly sworn, did depose and say that he resided in the City of New York in the State of New York ; that he was the Vice- President of The City Trust, Safe Deposit and Surety Com- pany of Philadelphia, one of the corporations described in and which executed the foregoing consent ; that he knew the cor- porate seal of said company; that one of the seals affixed to >aid consent was such corporate seal; that it was affixed, 344 Rate of Rentals thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. ' STATE OF NEW YORK, ) * ss * COUNTY OF NEW YORK,J On the pth day of December, 1904, before me personally ap- peared WALTER S. JOHNSTON, to me known, who being by me first duly sworn, did depose and say that he resided in the City of New York, in the State of New York ; that he was the Vice-President of American Surety Company of New York, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. STATE OF NEW YORK, ) L gg COUNTY OF NEW On the loth day of December, 1904, before me personally ap- peared WILLIAM B. JOYCE, to me known, who being by me first duly sworn, did depose and say that he resided in the City of New York in the State of New York; that he was the Presi- dent of National Surety Company of New York, one of the corporations described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. 345 Rate of Rentals STATE OF NEW YORK. ) * ss * COUNTY OF NEW On the pth day of December, 1904, before me personally ap- peared HENRY B. PLATT, to me known, who being by me first duly sworn, did depose and say that he resided in the City of New York, in the State of New York; that he was the Vice- President of Fidelity and Deposit Company of Maryland, one of the corporations described in and which executed the fore- going consent; that he knew the corporate seal of said com- pany; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. 346 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor, RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad RETURN OF CONTRACTOR'S DEPOSITS Dated, December 1st, 1904 , Return of Contractor's Deposits Agreement made the first day of December, in the year nineteen hundred and four, between THE CITY OF NEW YORK (hereinafter called the City), acting by the Board of Rapid Tran- sit Railroad Commissioners for the City of New York (herein- after called the Board), party of the first part; JOHN B. McDoN- ALD, of the City of New York (hereinafter called the Contractor), and RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY (herein- after called the Construction Company), parties of the second part; and INTERBOROUGH RAPID TRANSIT COMPANY (hereinafter called the Interborough Company), party of the third part WHEREAS, heretofore and on the 2ist day of February, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction, equipment and operation of a Rapid Transit Railroad in the City of New York, the said con- tract being hereinafter styled the Contract for Construction and Operation; and WHEREAS, on the said 2ist day of February, 1900, and imme- diately after the execution of the Contract for Construction and Operation, the City, acting by the Board, entered into another contract with the Contractor modifying the said Contract for Con- struction and Operation, the said modifying contract being here- inafter styled the Agreement for Modification of Contract ; and WHEREAS, upon entering into the said Contract for Construc- tion and Operation and the said Agreement for Modification of Contract, the Contractor gave to the City as security : a. A continuing bond in the penalty of one million dollars for tbe performance of the said Contract for Construction and Operation, with Perry Belmont as surety thereon. b. A bond in the penalty of five million dollars to secure the construction and equipment of the railroad, upon which bond the sureties are: Rapid Transit Subway Construc- tion Company (one of the parties to this agreement), The United States Fidelity &: Guaranty Company, The City Trust Safe Deposit & Surety Company of Philadelphia, American Surety Company of New York, and National Surety Company. c. A deposit with the Comptroller of The City of New York of the sum of one million dollars in cash, and Return of Contractor's Deposits WHEREAS, the Construction Company, one of the Contractor's sureties, thereafter and about the ist day of January, 1901, in accordance with the provisions of the Agreement for Modifica- tion of Contract, made a further deposit with the Comptroller of The City of New York of certain securities of the value of more than one million dollars as additional security for the con- struction and equipment of the railroad ; and WHEREAS, by written instrument, dated the loth day of July, 1902, the Contractor, with the written consent of the Board, con- curred in by six members thereof, duly assigned the right or obli- gation to maintain and operate the said Rapid Transit Railroad for the term of years specified in the said contract and all rights included in the leasing provisions of the said Contract, together with the obligation to provide equipment for the said railroad, unto the Interborough Company, which Company also guaranteed the performance by the Contractor of the provisions of his said Contract not so assigned to it ; and WHEREAS, by written instrument, dated the 24th day of No- vember, 1903, it was agreed that the continuing bond originally given as aforesaid with Perry Belmont as surety thereon might be surrendered and cancelled upon the Contractor and the Inter- borough Company giving to the City another bond in amount at least one million dollars ; and WHEREAS, on or about the 7th day of January, 1904, the said continuing bond with Perry Belmont as surety was surrendered and cancelled and a new continuing bond in the penalty of one million dollars was given in its place, with John B. McDonald and the Interborough Company as principals, and the Fidelity and Deposit Company of Maryland and United States Fidelity and Guaranty Company, as sureties ; and WHEREAS, the Comptroller of The City of New York now holds the sum of one million dollars in cash deposited on or about the 2 ist day of February, 1900, by the Contractor; and also cer- tain securities constituting the above-mentioned deposit of one million dollars, made by the Construction Company about the ist day of January, 1901, such securities being either those originally deposited or others duly deposited in addition thereto or in lieu of securities withdrawn ; and WHEREAS, in and by the said contract for construction and operation it was further provided that when the Contractor should 350 Return of Contractor's Deposits have fully completed the construction and equipment of the rail- road according to the terms thereof, and the operation of the same should have begun pursuant to the said contract, the JBoard should so certify, and upon such certificate the Comptroller should pay and deliver to the Contractor the deposit of one million dol- lars ($1,000,000) made upon entering into the said contract as aforesaid, or so much thereof as should not have been reserved or used or applied for any of the purposes in the said contract mentioned, and that the Contractor should also then be entitled to be credited upon the rental with a sum which should be equal to the interest on the said deposit (if made in cash) from the time of such deposit at the rate of interest provided for in the bonds which should have been issued and sold by the City to pro- vide for the construction of the Railroad ; and WHEREAS, the said Rapid Transit Railroad is now almost en- tirely constructed and equipped, and the security held by the City other than said two deposits of one million dollars each is ample to protect the City against any possible claims against the Con- tractor in respect to his obligations to construct and equip the Railroad; and WHEREAS, the Contractor, the Construction Company and the Interborough Company desire and the Board approves a modifica- tion of the said Contract for Construction and Operation : Now, therefore, in consideration of the premises, but subject to the consents hereinafter provided, it is Agreed that the said Contract for Construction and Operation and the said Agreement for Modification of Contract be, and the same hereby are, modified so as to provide that the cash and securities now held by the Comptroller of The City of New York constituting the two above-mentioned deposits of one million dollars each (which said securities are described in detail in the Schedule an- nexed to this agreement) together with the right to receive any and all interest accrued upon the corporate stock or bonds con- stituting part of said securities at the date of the delivery thereof and all unpaid coupons for interest on any of said bonds shall be forthwith delivered to RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, notwithstanding the Railroad is not yet in all respects completely constructed and equipped. And it is further agreed that the Interborough Company shall be credited upon the rental of the Railroad hereafter to come due 351 Return of Contractor's Deposits and payable, with an amount equal to interest on the deposit of One Million Dollars ($1,000,000) in cash, made on or about Feb- ruary 21, 1900, to be calculated at the average rate of interest pro- vided for in the bonds which have been issued and sold by The City to -provide for the construction of the Railroad, from the date when the said deposit was made. The parties of the second and third parts, upon such delivery being made, release The City of New York and the Board from all and all manner of claims in respect to the said cash and the said securities which they or any one of them may have in respect to the said cash or to the said securities or any of them ; and also in respect to any interest or income upon the securities of the value of more than One Million Dollars ($1,000,000) deposited on or about January I, 1901, as above mentioned, and those for which the same or any part thereof shall have been exchanged, hereby acknowledging that all the said interest or income which has become due from time to time upon any of the securities so deposited has been duly paid over to them. And it is further agreed that all the obligations of the Con- tractor and the Interborough Company under the Contract and under the modifications thereof heretofore made shall be fully carried out and performed and that all such obligations and the obligations of the Interborough Company as guarantor and of the several sureties upon the bonds above mentioned and described shall be deemed to include any liability which would have been covered by the said deposits or either of them if the cash and securities constituting the same had not been delivered to the Rapid Transit Construction Company as provided in this instru- ment. PROVIDED, however, and it is hereby expressly AGREED, that this agreement shall take effect when and only when the fol- lowing consents hereto shall be duly had, to wit : the consents as subjoined of the Comptroller of The City of New York, The United States Fidelity & Guaranty Company, The City Trust Safe Deposit & Surety Company of Philadelphia. American Surety Company of New York, National Surety Company and Fidelity & Deposit Company of Maryland. In Witness Whereof, this contract has been executed for The City of New York by its Board of Rapid Transit 352 Return of Contractor's Deposits Railroad Commissioners under and by resolution duly adopted by said Board concurred in by six of its members, and the seal of the Board has been hereto affixed and these presents signed by the President and Secretary of the said Board ; and the said John B. McDonald has hereto set his hand and seal ; and the said Rapid Transit Subway Construction Company and Interborough Rapid Transit Company have respectively caused their corporate seals to be hereto affixed and attested by their Secretaries and these presents to be signed by their Presidents all on the day and year above mentioned. BOARD OF RAPID TRANSIT RAILROAD COMMIS- SIONERS FOR THE CITY OF NEW YORK, [SEAL.] By A. E. ORR, President. BION L. BURROWS, Secretary. INTERBOROUGH RAPID TRANSIT COMPANY, [CORPORATE By AUGUST BELMONT, SEAL.] President. Attest : H. M. FISHER, Secretary. RAPID TRANSIT SUBWAY CONSTRUC- TION COMPANY, [CORPORATE By AUGUST BELMONT, SEAL.] President. Attest : H. M. FISHER, Secretary. JOHN B. MCDONALD. [SEAL.] Schedule referred to in above Agreement. Statement of the Securities deposited by the Rapid Transit Sub- way Construction Company, January, 1901, under provision of the contract of February 21, 1900, for the construction and opera- tion of the Rapid Transit Railroad (including supplementary se- 353 Return of Contractor's Deposits curities deposited September 24, 1902, and securities substituted January 25, 1904) as security for Construction and Equipment, remaining in the custody of The Comptroller of The City of New York. BONDS AND STOCK REGISTERED IN THE NAME OF "THE CoMP 1 TROLLER OF THE ClTY OF NEW YORK, IN TRUST AS SECURITY FOR JOHN B. MCDONALD, RAPID TRANSIT RAILROAD CONSTRUCTOR." $30,000 3% Additional Water Stock of the City of New York. Principal payable October i, 1905. Interest- payable April i and October i . 20,000 2% Consolidated Stock of The City of New York for acquiring lands for Mulberry Bend Park. Principal payable November i, 1924. Interest payable May i and November i. 50,000 3% Dock Bonds of The City of New York. Principal payable November i, 1925. Interest payable May i and November i. 15,000 $/*% Consolidated Stock of the City of New York for the New East River Bridge. Principal payable November i, 1918. Interest payable May i and November i. 30,000 z l /2% Corporate Stock of The City of New York for the New Aqueduct. Principal payable October i, 1919. Interest payable April i and October I. 25,000 ^ l /2% Corporate Stock of The City of New York for School Houses and Sites therefor in the Boroughs of Manhattan and The Bronx. Principal payable November i, 1940. Interest payable May i and November i. 100,000 $ l /2% Corporate Stock of The City of New York for the Uses and Purposes of the Department of Docks and Ferries. Principal payable November i, 1928. Interest payable May i and November i. 354 Return of Contractor's Deposits $237,000 3^2 % Corporate Stock of The City of New York for the Construction of the Rai'icl Transit Railroad. Principal payable November i, 1950. Interest payable May I and November I. 30,000 3 l /2% Corporate Stock of The City of New York for the repaving of streets. Principal payable November i, 1940. Interest payable May i and November I. 100,000 3% Additional Water Stock of The City of New York. Principal payable October i. 1907. Interest payable April i and October i. 100,000 3% Consolidated Stock of The City of New York School House Bonds. Principal payable November i, 1908. Interest payable May i and November i. 100,000 3% Consolidated Stock of The City of New York Dock Bonds. Principal payable November i, 1914. Interest payable May I and November i. 200,000 3% Consolidated Stock of The City of New York Dock Bonds. Principal payable November i, 1924. Interest payable May i and November i. $1,037,000 Approval by Comptroller. / CONSENT TO AND APPROVE OF THE FOREGOING AGREEMENT. Dated New York, Jan'y. 6th, 1905. EDWARD M. GROUT, Comptroller. Approval by Corporation Counsel. THE FOREGOING AGREEMENT IS HEREBY AP- PROVED AS TO FORM. Dated New York, 17 December 1904. THEODORE CONNOLY, Acting Corporation Counsel. 355 Return of Contractor's Deposits STATE OF NEW YORK, ) COUNTY OF NEW YORK, j Ss ' ' On the 5th day of January, 1905, before me personally ap- peared ALEXANDER E. ORR and BION L. BURROWS, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the , secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the fore- going contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York, that he was the secretary of the said Board and that he subscribed his name thereto by like au- thority ; and both the said Alexander E. Orr and Bion L. Bur- rows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, [SEAL.] Notary Public for Kings County, N. Y. Certificate filed in New York County. STATE OF NEW YORK, ) * ss ' COUNTY OF NEW YORK,J On this 2 ist day of December, 1904, before me personally ap- peared JOHN B. McDoNALJD, to me known and known to me to be the person and Contractor named in and who executed the foregoing contract, and acknowledged to me that he executed the same. A. W. ANDREWS, [SEAL.] Notary Public, N. Y. Co. STATE OF NEW YORK. ) ss * COI/NTY OF NEW YORK,} On the 20th day of December, 1904, before me personally ap- peared AUGUST BELMONT, to me known, who being by me first 356 Return of Contractor's Deposits duly sworn, did depose and say, that he resided in the County Nassau, State of New York; that he was the President of Rapid Transit Subway Construction Company, one of the corporations described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was af- fixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. STATE OF NEW YORK, ] COUNTY OF NEW YORK,JSS. : ( )n this 2Oth day of December, 1904, before me personally ap- peared AUGUST BELMONT, to me known, who being by me first duly sworn, did depose and say, that he resided in the County of Nassau, in the State of New York ; that he was President of In- terborough Rapid Transit Company, the corporation described in and which executed the foregoing contract; that he knew the corporate seal of said company ; that one of the seals affixed to said contract was such corporate seal ; that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. CONSENT OF SURETIES ON BOND FOR CONSTRUC- TION, ETC. The undersigned being (with Rapid Transit Construction Company) the sureties of John B. McDonald, the contractor above mentioned, upon the bond for construction and equipment in the penalty of Five million dollars ($5,000,000), hereby con- sent to the making of the foregoing agreement, and they sever- ally agree that their respective liability includes any liability which would have been covered by the deposits mentioned in said agree- ment, or either of them, if the cash and securities constituting the 357 Return of Contractor's Deposits same had not been delivered to the Rapid Transit Subway Con- struction Company as provided in the said agreement. Dated New York, December 21, 1904. THE UNITED STATES FIDELITY AND GUARANTY COMPANY, [CORPORATE By JOHN R. BLAND, SEAL.] President. Attest : GEO. R. CALLIS, Secretary. THE CITY TRUST, SAFE DEPOSIT AND SURETY COMPANY OF PHILADELPHIA, [CORPORATE By A. T. KIERNAN, SEAL.] Vice-President. Attest : R. M. STONE, Asst. Secretary. AMERICAN SURETY COMPANY OF NEW YORK, [CORPORATE By H. D. LYMAN, SEAL.] President. Attest : J. W. MASON, Atty. NATIONAL SURETY COMPANY, [CORPORATE By WM. R. JOYCE, SEAL.] Prest. Attest : GILBERT CONGDON, Asst. Secy, 358 Return of Contractor's Deposits STATE OF NEW YORK, - CC " COUNTY OF NEW YORK, ' ' On the 2ist day of December, 1904, before me personally ap peared JOHN B. BRAND, to me known, who being by me first duly sworn, did depose and say that he resided in the City of Balti- more in the State of Maryland ; that he was the President of the United States Fidelity & Guaranty Company, one of the corpora- tions described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. STATE OF NEW YORK, cc COLTNTY OF NEW YORK, ^ On the 24th day of December, 1904, before me personally ap- peared ADRIAN T. KIERNAN, to me known, \vho being by me first duly sworn, did depose and say that he resided in the City of New York in the State of New York ; that he was the Vice-Pres- ident of The City Trust, Safe Deposit and Surety Company of Philadelphia, one of the corporations described in and which ex- ecuted the foregoing consent; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. STATE OF NEW YORK, 1 ss COI/NTY OF NEW YORK, ^ On the 5th day of January, 1905, before me personally ap- peared HENRY D. LYMAN. to me known, who being by me first duly sworn, did depose and say that he resided in the City of New York, in the State of New York ; that he was the President of American Surety Company of New York, one of the corpora- tions described in and which executed the foregoing consent; 359 Return of Contractor's Deposits that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. STATE OF NEW YORK, ) i ss * CotfNTY OF NEW YORK,j On the 23d day of December, 1904, before me personally ap- peared WILLIAM B. JOYCE, to me known, who being by me first duly sworn, did depose and say that he resided in the City of New York in the State of New York; that he was the President of National Surety Company of New York, one of the corporations described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was af- fixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. 360 Return of Contractor's Deposits CONSENT OF SURETIES ON CONTINUING BOND. The undersigned being the sureties of John B. McDon- ald, the contractor above named, and Interborough Rapid Transit Company, upon the continuing bond in the penalty of one million dollars ($1,000,000), hereby consent to the making of the fore- going agreement, and they severally agree that their respective liability includes any liability which would have been covered by the deposits mentioned in said agreement, or either of them, if the cash and securities constituting the same had not been de- livered to the Rapid Transit Construction Company, as provided in the said agreement. THE UNITED STATES FIDELITY AND GUARANTY COMPANY, [CORPORATE By JOHN R. BLAND, SEAL.] President. Attest: GEO. R. CALLIS, Secretary. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, [CORPORATE By HENRY B. PLATT, SEAL.] Vice-Prest. Attest: HUGH M. ALLWOOD, Attorney in Fact. STATE OF NEW YORK, 1 t- * COUNTY OF NEW On the 2 ist day of December, 1904, before me personally ap- peared JOHN B. BRAND, to me known, who being by me first duly sworn, did depose and say that he resided in City of Baltimore, in the State of Maryland ; that he was the President of the United States Fidelity and Guaranty Company, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the 'seals affixed to said consent was such corporate seal; that it was af- Return of Contractor's Deposits fixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. STATE OF NEW YORK, COUNTY OF NEW YORK,J SS On the 2ist day of December, 1904, before me personally ap- peared HENRY B. PLATT, to me known, who being by me first duly sworn, did depose and say that he resided at the City of New York in the State of New York; that he was the Vice- President of Fidelity and Deposit Company of Maryland, one of the corporations described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like au- thority. A. W. ANDREWS, [SEAL.] Notary Public (39), N. Y. Co. 362 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad OUTLET CHAMBERS AND FAN HOUSES Dated, July 9th, 1906 Agreement made this 9th day of July, in the year Nine- teen hundred and six, between THE CITY OF NEW YORK (herein- after called the "City"), acting by the Board of Rapid Transit Railroad Commissioners for the City of New York (hereinafter called "the Board"), party of the first part, and JOHN B. MC- DONALD, of the City of New York (hereinafter called "the Con- tractor"), party of the second part, and INTERBOROUGH RAPID TRANSIT COMPANY, a corporation organized and existing under the laws of the State of New York (hereinafter called "Inter- borough Company"), party of the third part, WITNESSETH : WHEREAS, heretofore and on or about the 2ist day of February, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a Rapid Transit Railroad in the City of New York and otherwise, as therein mentioned, the said contract for construction and opera- tion being hereinafter styled "the Contract," which contract has been from time to time modified by certain other agreements be- tween the said parties ; and WHEREAS, the Contractor has deposited with the Comptroller of the City certain security for the performance of the Contract on his part, and has given certain bonds as further security for such performance and upon such bonds there are now sureties as follows: Rapid Transit Subway Construction Company, The United States Fidelity and Guaranty Company, The Empire State Surety Company, American Surety Company of New York, Na- tional Surety Company and Fidelity and Deposit Company of Maryland; and WHEREAS, by written instruments bearing date the tenth day of July, 1902, th'e Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right and obligation to maintain and operate the said Rapid Transit Rail- road for the term of years specified in the Contract and all rights included in the leasing provisions of the Contract, together with the obligation to provide equipment for the said railroad unto Interborough Company, which Company also guaranteed the per- formance by the Contractor of the provisions of so much of the Contract as was not so assigned to it ; and . WHEREAS, it is provided in the Contract that the said Board of Rapid Transit Railroad Commissioners shall have the right to 365 Outlet Chambers and Fan Houses require additional work to be done or additional materials to be furnished or both, within the general purview of a rapid transit railroad as therein described, the reasonable value of which shall be additionally paid to the Contractor; and WHEREAS, the Contractor desires, and the Board approves, a modification of the Contract in order to provide for the construc- tion of certain outlet chambers and fan houses for the purpose of installing ventilating appliances as hereinafter more fully set forth, and also in order to provide for vault light openings at stations ; Now, THEREFORE, in consideration of the premises, and subject to the consents hereinafter provided, it is agreed that the said Contract of February 21 st, 1900, be and the same is hereby modi- fied as follows : In addition to all other work of construction, there shall be con- structed between the Brooklyn Bridge and the Columbus Circle stations, fourteen outlet chambers, each of which shall be fitted with automatic louvres and one or more ventilating fans and shall also contain an emergency exit to the street. At all the now existing ventilating openings between the Columbus Circle and the Ninety-sixth Street stations, automatic louvres shall be installed ; and fan houses shall be erected in the parkway over the central openings between each two stations and one or more ven- tilating fans shall be installed in each of these fan houses. Vault light openings, covered with suitable gratings, are to be made at the several stations aggregating about 6,200 square feet of such openings. All of the said work is to be constructed in accord- ance with the general plans and drawings prepared and issued by the Chief Engineer of the Board, copies of which are hereunto annexed as a part of this agreement, and which are marked and numbered as follows, to wit : Drawing No. 1650 Ventilating chamber on Broadway between 55th and 56th Streets, West Side. " 1658 Ventilating chamber on Lafayette Street be- tween Grand and Howard Streets, East Side. " 1648 Ventilating chamber on 4th Avenue, Man- hattan, between 25th and 26th Streets, West Side. 366 Outlet Chambers and Fan Houses I )' awing- No. 1653 Ventilating chamber between 2Oth and 2ist Streets. 1652 Ventilating chamber between Prince and Jer- sey Streets. 1651 Plans and Sections for ventilating chamber at Broadway, 46th and 47th Streets. " 1649 Ventilating chamber East Side of Sub- way on Lafayette Street and Franklin Street. " 1657 Ventilating chamber nth Street. 1656 Ventilating chamber Lafayette and 4th Streets. 1655 Ventilating chamber 4th Avenue and 3ist Street. T-74 Plans and Sections for ventilating chamber at City Hall Park. T-83 City Hall Ventilating Chamber supplemen- tary drawing showing changes at north end. T-73 Revised ventilating chamber for Bryant Park Plans and Sections. T-6O, Proposed ventilating chamber on west side of Lafayette Street north of Duane Street Plan and Sections. " T-6i Ventilating chamber at Union Square Park, 4th Avenue south of i6th Street. AND IT is FURTHER AGREED that the cost of constructing the said outlet chambers (including the emergency exits to the streets) and the said fan houses and vault light openings, together with all the work incidental thereto, including necessary changes to present structure and apparatus, shall be deemed a part of the cost of constructing said Rapid Transit Railroad, and shall be paid to the Contractor in the manner provided in the Contract, in addition to the amounts in said Contract agreed to be paid unto said Con- tractor ; and such cost shall be included in the total cost of the construction of the said Railroad in determining the amount of rental to be paid under said Contract, in like manner as if such 367 Outlet Chambers and Pan Houses work had been originally required by or authorized in the said Contract ; AND IT is FURTHER AGREED that the parties of the second and third parts shall pay the cost of the installation, maintenance and operation of the automatic louvres and ventilating fans above re- ferred to and indicated on the above-mentioned plans and draw- ings. PROVIDED, however, and it is expressly AGREED, that this agree- ment shall take effect if and when and only when the following consents shall have been duly had, to wit : The consents as subjoined of Rapid Transit Subway Construc- tion Company, The United States Fidelity and Guaranty Com- pany, The City Empire State Surety Company, American Surety Company of New York, National Surety Company and Fidelity and Deposit Company of Maryland. In Witness Whereof this contract has been exe- cuted for the City of New York, by its Board of Rapid Transit Railroad Commissioners, under and by a resolution duly adopted by said Board, concurred in by six of its members, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the Contractor has hereto set his hand and seal, and Interborough Company has caused these presents to be duly executed by its proper officers under its corporate seal, the day and year first above written. BOARD OF RAPID TRANSIT RAILROAD COM- MISSIONERS FOR THE CITY OF NEW YORK, [SEAL.] by A. E. ORR, President. BION L. BURROWS, Secretary. INTERBOROUGH RAPID TRANSIT COMPANY. AUGUST BELMONT, [SEAL.] President. Attest : H. M. FISHER, Secretary. [SEAL.] JOHN B. MCDONALD. 368 Approval by Corporation Counsel. THE FOREGOING CONTRACT IS HEREBY AP- PROVED AS TO FORM. Dated New York, June , 1906. JOHN L. O'BRIEN, Acting Corporation Counsel. STATE OF NEW YORK, ss COUNTY OF NEW On this pth day of July, 1906, before me personally appeared ALEXANDER E. ORR and BION L. BURROWS to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York; and the said Alexander E. Orr and Bion L. Burrows, being- by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof ; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York, that he was the secretary of the said Board and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the fore- going instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, [SEAL.] Notary Public for Certificate filed in New York. Kings County, N. Y. STATE OF NEW YORK, ) Vss. : 'M COUNTY OF NEW YORK, On this 26th day of October, 1906, before me personally ap- peared JOHN B. MCDONALD, to me known and known to me to be the person and Contractor named in and who executed the fore- going contract, and acknowledged to me that he executed the same. A. W. ANDREWS, [SEAL.] Notary Public (42), N. Y. Co. 369 STATE OF NEW YORK, ) * ss * COUNTY OF NEW YORK, ^ On this 23d day of July, 1906, before me personally appeared AUGUST BELMONT, to me known, who being- by me first duly sworn, did depose and say, that he resided in the County of Nas- sau, in the State of New York, that he is President of Inter- borough Rapid Transit Company, the corporation described in and which executed the foregoing contract; that he knew the corporate seal of said Company; that one of the seals affixed to said contract was such corporate seal; that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (42), N/Y. Co. The Undersigned, being the sureties of John B. McDonald, the contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000) "and the bond for construction and equipment in the penalty of Five million dol- lars ($5,000,000) hereby consent to the making of the foregoing instrument. Dated New York, July 23rd, 1906. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, by AUGUST BELMONT, [SEAL.] President. THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, by CHAS. O. SCULL, [SEAL.] Vice-President. THE EMPIRE STATE SURETY COMPANY, by WALTER J. MOORE, [SEAL.] 4th Vice-President. DANIEL J. STEWART, Secretary. AMERICAN SURETY COMPANY OF NEW YORK. by HENRY C. WILLCOX, [SEAL.] Vice-President. , 370 NATIONAL SURETY COMPANY, by WILLIAM J. GRIFFIN, [SEAL.] / Vice- President. Attest : SAMUEL H. SHRIVER, Secretary. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, (Surety on the continuing bond only.) by HENRY B. PLATT, [SEAL.] . Vice-President. STATE OF NEW YORK, ) ss. i COUNTY OF NEW YORK, On the 23rd day of July, 1906, before me personally appeared AUGUST BELMONT, to me known, who being by me first duly sworn, did depose and say, that he was the President of Rapid Transit Subway Construction Company, one of the Corporations described in\and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (42), Nc Y. Co. STATE OF MARYLAND,) 7 I qs ' CITY OF BALTIMORE, , On the 29th day of October, 1906, before me personally ap- peared CHAS. O. SCULL, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President. of the United States Fidelity and Guaranty Company, one of the cor- porations described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. A. D. PATRICK, [SEAL.] Notary Public. Outlet Chambers and Fan Houses STATE OF MARYLAND, BALTIMORE CITY, SCT. : No. 1184. I hereby certify that A. D. Patrick, Esq., before whom the an- nexed affidavit was made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proofs of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In testimony whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 29th day of October, 1906. ROBT. OGLE, [SEAL.] Clerk of the Superior Court of Baltimore City. STATE OF NEW YORK, } ^ ss * COUNTY OF NEW YORK,^ On the 27th day of October, 1906, before me personally ap- peared WALTER J. MOORE, to me known, who being by me first duly sworn, did depose and say that he was the fourth Vice-Presi- dent of The Empire State Surety Company, one of the corpora- tions described in and which executed the foregoing consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (42), N. Y. Co. STATE OF NEW YORK, COUNTY OF NEW On the 27th day of October, 1906, before me personally ap- peared HENRY C. WILLCOX, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of American Surety Company of New York, one of the corpora- tions described in and which executed the foregoing consent ; that 372 Outlet Chambers and Fan Houses he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (42), N. Y. Co. STATE OF NEW YORK, ) (. gg COUNTY OF NEW On the 3ist day of October, 1906, before me personally ap- peared WILLIAM J. GRIFFIN, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of National Surety Company of New York, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (42), N. Y. Co. STATE OF NEW YORK, ) *- ss ' COUNTY OF NEW YORK,^ On the 3Oth day of October, 1906, before me personally ap- peared HENRY B. PLATT, to me known, who being by me first duly sworn, did depose and say that he was the Vice-President of Fidelity and Deposit Company of Maryland, one of the corpora- tions described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [SEAL.] Notary Public (42), N. Y. Co. 373 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor AND 1NTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad Dated, November 1st, 1906 Van Cortlandt Park Extension Agreement made this first day of November in the year otic thousand nine hundred and six, between THE CITY OF NEW YORK (hereinafter called the City), acting- by the Board of Rapid Transit Railroad Commissioners for the City of New York (here- inafter called "the Board"), party of the first part, and JOHN B. MCDONALD, of the City of New York (hereinafter called the "Contractor"), and INTERBOROUGH RAPID TRANSIT COMPANY (hereinafter called "Interborough Company"), parties of the sec- ond part. WHEREAS, heretofore and on the 21 st day of February, 1900, the City, acting by the Board, entered into a contract with the Con- tractor for the construction and operation of a rapid transit rail- road in the City of New York (hereinafter called "the Railroad"), which contract has since been modified by certain agreements be- tween the parties,, and which contract as so modified is hereinafter called "the Contract;'' and WHEREAS, The Contractor has deposited with the Comptroller of the City security for the performance of the said Contract for Construction and Operation on his part and has given certain bonds as further security for such performance and upon such bonds there are securities as follows : Rapid Transit Subway Con- struction Company, The United States Fidelity & Guaranty Com- pany, Empire State Surety Company of New York, American Surety Company of New York, National Surety Company and The Fidelity and Deposit Company of Maryland; and WHEREAS, By written instruments bearing date the tenth day of July, 1902, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right or obligation to maintain and operate the said Rapid Transit Railroad for the term of years specified in the said contract and all rights included in the leasing provisions of the said contract, together with the obligation to provide equipment for the said railroad, unto Interborough Company, which Company also guar- anteed the performance by the Contractor of the provisions of his said contract not so assigned ; and WHEREAS, it was provided in the Contract that the Contractor should construct and equip the Railroad upon the routes and general plan adopted by the Board by its resolutions of January 14 and February 4, 1897, an< J should put the same in operation 377 Van Cortlcmdt Park Extension and thereafter use, maintain and operate the same under a lease thereof from the City ; and the said routes as so adopted origi- nally provided that the Railroad should run "over Kingsbridge Avenue or Broadway, as now proposed, to Riverdale Avenue, and thence easterly over Riverdale Avenue to a point within five hun- dred feet of the present Kingsbridge station of the New York and Putnam Railroad Company ;" and WHEREAS, the Board by resolutions adopted May 12, 1905 (copies of which are hereto annexed), did modify the aforesaid routes and general plan by adding thereto a branch or spur ex- tending from the line of the route on Broadway at or near the intersection of Broadway with East 23Oth Street (formerly called Riverdale Avenue), and running thence northerly along and over Broadway to a point about 288 feet North of 242d Street ; the said modification and change of route to take effect only upon obtaining the consent of the Contractor and his sureties, the local authority having control of the said portion of Broadway, the Mayor of the City of New York, and the owners of a majority in value of the property along the said portion of Broadway or in lieu thereof the determination of three commissioners to be appointed by the Appellate Division of the Supreme Court duly confirmed by the said Appellate Division ; and WHEREAS, the said modification and change of route was ap- proved, confirmed and consented to by the Board of Estimate and Apportionment (being the local authority in control of the said portion of Broadway) by a resolution adopted on July 14, 1905, by the Mayor of the City of New York on July 26, 1905, and by the Appellate Division of the Supreme Court by an order duly entered on the i8th day of October 1906; and WHEREAS the Contractor and Interborough Company desire and the Board approves the construction of the Railroad from the intersection of Broadway and East 23Oth Street along the modi- fied route instead of over and along Riverdale Avenue (or East 23oth Street) as originally planned Now, THEREFORE., THIS AGREEMENT wiTNESSETH, that in con- sideration of the premises and subject to the consents hereinafter provided the Contract is further modified in the respects herein- after set forth and it is hereby AGREED AS FOLLOWS : FIRST : The Contractor and Interborough Company consent that the routes and general plan adopted January 14 and February 378 / 'an Cortlandt Park Extension 4, 1897, shall be modified in the manner set forth in the resolu- tions of the Board adopted May I2th, 1905, copies of which are hereto annexed. SECOND: The City and Board, upon the request and with the approval of the Contractor and Interborough Company, hereby require so much of the work and material specified and provided to be done and furnished in said contract in the construction of the Railroad to be omitted, as consists in building the said Rail- road from a point at or near the intersection of Broadway and East 23oth Street (formerly called Riverdale Avenue), over the said Riverdale Avenue or East 23Oth Street to a point near the Kingsbridge Station of the New York and Putnam Railroad Com- pany. THIRD : The City and the Board upon the like request and ap- proval hereby require such additional work to be done and such additional material to be furnished as may be necessary in order to construct the Railroad from the said point at or near the inter- section of Broadway and East 23Oth Street northerly along and over Broadway to a point about two hundred and eighty-eight (288) feet northerly from the intersection of the centre line of Broadway with the centre line of 242d Street produced, the said last mentioned point being opposite to Van Cortlandt Park. The said portion of the Railroad shall be constructed in accordance with the provisions of the aforesaid resolutions of the Board adopted May 12, 1905, and also in accordance with the detailed plans heretofore prepared by the Board and marked respectively "Routes and General Plan, Extension to Van Cortland Park. Adopted by resolution May 12, 1905," and "Routes and General Plan, Typical Details, Extension to Van Cortland Park, adopted by resolution May 12, 1905," which said plans are hereunto an- nexed. There shall be three stations upon the above mentioned portion of the Railroad, as follows, viz : a station at or near the intersec- tion of Broadway and 2315! Street, a station at or near the inter- section of Broadway and 238th Street, and a station at the ter- minus of the Railroad near the entrance to Van Cortlandt Park. There shall be three tracks upon the said portion of the Railroad. FOURTH : The Contractor shall become entitled to additional payment for such additional work and materials as shall be made necessary by the charges herein provided, and the City shall be- 379 Van Cortlandt Park Extension come entitled to abatement from the contract price by reason of the diminution in work and materials by reason of such changes, the amounts of such additional payments and such abatement being" determined in the manner provided in Chap. II of the Contract. The net additional cost to the City shall be included in the total cost of construction of the Railroad in determining the amount of rental to be paid under the Contract in like manner as if the additional work and . materials made necessary by the changes herein provided had been originally authorized in the Contract, it being understood and agreed that in computing the said rental the interest actually paid by The City on bonds here- tofore issued or that may hereafter be issued for construction, shall be the basis of the said computation notwithstanding the rate of interest so paid may exceed three and one-half (3^2) per cent., the rate which was limited by law at the time the Contract was made. FIFTH : This Contract shall take effect if and when and only when the following consents and approvals shall have been duly had. 1. The consent of the Board of Estimate and Apportionment of the City of New York. 2. The consents as subjoined of Rapid Transit Subway Construction Company, United States Fidelity and Guaranty Company, The Empire State Surety Company of New York, American Surety Company of New York, National Surety Company, and Fidelity and Deposit Company of Maryland. In Witness whereof this contract has been executed for the City of New .York by its Board of Rapid Transit Railroad Commissioners, under and by resolution duly adopted by said Board and concurred in by six of its members, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the said John B. McDonald has hereto set his hand and seal, and the said Interborough Rapid Transit Company has caused its corporate seal to be hereto affixed and attested by its Secretary, and these 380 Van Cortlandt Park Extension presents to be signed by its President, all on the day and year first above written. INTERHOROUGH RAPID TRANSIT COMPANY, [SEAL.] AUGUST BELMONT, President. Attest : H. M. FISHER, Secretary. JOHN B. MCDONALD [SEAL.] BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS FOR THE CITY OF NEW YORK, [SEAL.] By A. E. ORR, President. BION L. BURROWS, Secretary. [NOTE. The maps above referred to are annexed to the originals of the Contract.] Approval by Corporation Counsel. THE FOREGOING CONTRACT IS HEREBY AP- PROVED AS TO FORM. Dated New York, October 26th, 1906. JOHN L. O'BRIEN, Actg. Corporation Counsel. STATE OF NEW YORK, ) L ss * COUNTY OF NEW YORK,J On this 6th day of December, 1906, before me personally ap- peared ALEXANDER E. ORR and BION L. BURROWS, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resides in the Borough of Brooklyn, in the said City, that he is the president of the said Van Cortlandt Park Extension Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Bur- rows, that he resides in the Borough of Brooklyn, in the said City of New York, that he is the secretary of the said Board and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they know the seal of the said Board and that the same was affixed to the fore- going instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, [SEAL.] Notary Public for Certificate filed in New York. Kings County, N. Y. STATE OF NEW YORK. 1 ^ ss * COUNTY OF NEW YORK,J On this 6th day of Deer, 1906, before me personally ap- peared JOHN B. MCDONALD, to me known and known to me to be the person described in and who executed the foregoing con- tract, and acknowledged to me that he executed the same. HARRY M. AUSTIN, [SEAL ] Notary Public in and for Queens County. Certificate filed in New York County. STATE OF NEW YORK, COUNTY OF NEW YORK,] On this I2th day of November, 1906, before me personally ap- peared AUGUST BELMONT to me known, who being by me first duly sworn, did depose and say, that he resides in Hempstead, Nassau Co., in the State of New York; that he is the President of Interborough Rapid Transit Company, the corporation de- scribed in and which executed the foregoing contract; that he knows the corporate seal of said company; that one of the seals affixed to said contract is such corporate seal ; that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. CHAS. W. SANDFORD, [SEAL.] Notary Public No. 38, Kings County. Cert, filed in N. Y. County. 382 Van Cortlandt Park Extension CONSENT OF SURETIES. The undersigned being the sureties of John B. McDon- ald, the contractor above mentioned, upon the bond for construc- tion and equipment in the penalty of Five Million dollars ($5,000,- ooo), hereby consent to the modification of the routes and general plan above referred to, and to the making of the foregoing agree- ment. Dated New York, November I2th, 1906. RAPID TRANSIT CONSTRUCTION COMPANY, By AUGUST BELMONT, [SEAL ] President. Attest : H. M. FISHER, Secretary. THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, By CHAS. A. SCULL, [SEAL.] Vice-President. Attest : ALBERT H. BUCK, Asst.-Secretary. AMERICAN SURETY COMPANY OF NEW YORK, By J. W. MASON, [SEAL.] Vice-President. Attest : E. F. WATSON, Attorney. NATIONAL SURETY COMPANY, By WM. B. JOYCE, [SEAL.] Prest. Attest : SAMUEL H. SHRIVER, Secy. 383 Van Cortlandt Park Extension EMPIRE STATE SURETY COMPANY, By WALTER J. MOORE, [SEAL.] Vice- President. Attest : ; DANIEL STEWART, Secy. STATE OF NEW YORK, ) L gg_ COUNTY OF NEW YORK,J On the 1 2th day of November, 19x36, before me personally ap- peared AUGUST BELMONT to me known, who being by me first duly sworn, did depose and say, that he resides in Hempstead, Nassau Co., the State of New York ; that he is the President of Rapid Transit Subway Construction Company, one of the corpora- tions described in and which executed the foregoing consent ; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. CHAS. W. SANDFORD, [SEAL.] Notary Public No. 38, Kings County. Cert, filed in N. Y. County. STATE OF NEW YORK. ) * ss * COUNTY OF NEW YORK,J On the nth day of December, 1906, before me personally ap- peared JARVIS W. MASON, to me known, who being by me first duly sworn, did depose and say that he resides in Mount Vernon, Westchester County, in the State of New York; that he is the Vice-President of American Surety Company of New York, one of the corporations described in and which executed the fore- going consent ; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (42), [SEAL.] Notary Public, N. Y. Co, 384 Van Cortlandt Park Extension STATE OF NEW YORK, ] *- ss ' COUNTY OF NEW YORK,J On the 1 9th day of December, 1906, before me personally ap- peared WILLIAM B. JOYCE, to me known, who being by me first duly sworn, did depose and say that he resides in Manhattan, New York, in the State of New York; that he is the President of National Surety Company of New York, one of the corporations described in and which executed the foregoing consent ; that he knows the corporate seal of said company; that one of the seals affixed to said consent is such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. MARGARETTA CROOKE, [SEAL.] Notary Public No. 35, for Kings County. Certificate filed in New York, Queens, Richmond and West- chester Counties. STATE OF NEW YORK, ) ^ ss * COUNTY OF NEW YORK,J On the loth day of December, 1906, before me personally ap- peared WALTER J. MOORE, to me known, who being by me first duly sworn, did depose and say that he resides in the Borough of Manhattan and City of New York, in the State of New York; that he is the Vice-President of the Empire State Surety Com- pany, one of the corporations described in and which executed the foregoing consent ; that he knows the corporate seal of said company; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by of der of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (42), [SEAL ] Notary Public, N. Y. Co. 385 Van Cortlandt Pwk Extension The undersigned being the sureties of John B. McDon- ald and Interborough Rapid Transit Company upon the continu- ing bond in the penalty of One million dollars ($1,000,000) hereby consent to the modification of the routes and general plan above referred to, and to the making of the foregoing agreement. Dated, New York, , 1906. THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, By CHAS. O. SCULL, [SEAL ] Vice-President. Attest : ALBERT H. BUCK, Asst.-Secretary. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, By HENRY B. PLATT, [SEAL.] Vice-President. Attest : HUGH M. ALL WOOD, Attorney-in-Fact. STATE OF MARYLAND,) ^-ss * CITY OF BALTIMORE, ( On the 1 3th day of December, 1906, before me personally ap- peared CHARLES O. SCULL, to me known, who being by me first duly sworn, did depose and say that he resides in Baltimore, in the State of Maryland ; that he is the Vice-President, of the United States Fidelity & Guaranty Company, one of the corporations de- scribed in and which executed the two foregoing consents; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. D. PATRICK, [SEAL.] Notary Public. 386 Fan Cortlandt Park Extension STATE OF MARYLAND, BALTIMORE CITY, SCT. : No. 1918. I, Robert Ogle. Clerk of the Superior Court of Baltimore City, do hereby certify, That A. D. Patrick Esquire, before whom the annexed acknowledgment and affidavit was made, and who has hereto subscribed his name, was at the time of so doing, a Notary Public of the State of Maryland, in and for the City of Baltimore, residing in said City and State, duly commissioned and sworn, and authorized by law to administer oaths and take acknowledgments, or proof 6f deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the Seal of the Superior Court of Baltimore City, the same being a Court of Record, this 1 3th day of December, 1906. ROBT. OGLE, [SEAL.] Clerk of the Superior Court of Baltimore City. STATE OF NEW YORK, ) * COUNTY OF NEW On the loth day of December, 1906, before me personally ap- peared HENRY B. PLATT, to me known, who being by me first duly sworn, did depose and say that he resides in the Borough of Manhattan and the City of New York, in the State of New York; that he is the Vice-President of Fidelity and Deposit Company of Maryland, one of the corporations described in and which executed the foregoing consent ; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (42), [SEAL.] Notary Public, N. Y. Co. 387 Van Cortlandt Park Extension RESOLUTIONS ADOPTED i2th MAY, 1905. (Van Cortlandt Park Extension.) WHEREAS this Board did on the I4th day of January, 1897, and 4th day of February, 1897, adopt certain routes and gen- eral plan for a rapid transit railroad in the City of New York; AND WHEREAS the said routes and general plan were after- ward duly approved by the Municipal authorities of the City of New York and were duly consented to by Commissioners appointed by the Appellate Division of the Supreme Court, wShich consent was duly confirmed by the said Appellate Division in lieu of the consent of the owners of a majority in value of the property along said routes ; AND WHEREAS the said routes and general plan were thereafter and on or about the 2ist day of June, 1900, amended by strik- ing from the said routes the portion thereof beginning at a point under Eleventh Avenue eleven hundred and five (1105) feet north of the centre line of One hundred and ninetieth Street to the intersection of Broadway and Amsterdam Ave- nue, and by inserting in the said routes a route under and over Eleventh Avenue and private property to Naegle Avenue, and thence along and over Naegle Avenue and Amsterdam Avenue to its intersection with Broadway ; AND WHEREAS on or about the 2ist day of February, 1900, the City of New York did by this Board enter into a certain con- tract with John B. McDonald for the construction and opera- tion of the said rapid transit railroad ; AND WHEREAS by agreement dated June 2ist, 1900, the said contract was modified so as to provide for the construction of the said portion of the rapid transit railway north of One hundred and ninetieth Street upon the amended route and the said contract has been also modified in various other respects by agreements between the parties ; AND WHEREAS by a written instrument bearing date the loth day of July, 1902, said John B. McDonald, with the written consent of this Board concurred in by six members thereof, duly assigned the right or obligation to maintain and operate Van Cortlandt Park Extension the said rapid transit railroad for the term of years specified in the said contract, and all rights included in the leasing pro- visions of the said contract, together with the obligation to provide equipment for the said railroad, unto Interborough Rapid Transit Company, which Company also guaranteed the performance by the said John B. McDonald as such contractor of the provisions of the said contract not so assigned to it ; AND WHEREAS it is to the interest of the City of New York and, in the opinion of the said Interborough Rapid Transit Company, it is likewise to its interest that said routes and general plan should be changed in the respects hereinafter mentioned but without other change in the said routes and general plan ; NOW, THEREFORE, it IS Resolved, that subject to the consents and approvals to be first obtained as in these resolutions hereinafter mentioned, the said routes and general plan be and they are hereby modified by adding to the said routes the following, to wit : "And also a branch or spur extending from the line of the route aforesaid on Broadway in the Borough of the Bronx at or near the intersection of Broadway with East Two hundred and thirtieth Street (formerly called River- dale Avenue) ; and running thence northerly along and over Broadway to a point about two hundred and eighty- eight feet (288) northerly from the intersection of the centre line of Broadway with the centre line of Two hun- dred and forty-second Street produced, the said point being opposite to Van Cortlandt Park ; together with proper connections by necessary and suitable tracks and otherwise with the rapid transit railroad described in the said routes and general plan. "The general plan of construction of the portion of the route hereby added shall be by elevated structure of the same character and to be constructed in the same manner as is hereinbefore provided for the elevated portion of the rapid transit railroad over and along Amsterdam Avenue, Broadway and other streets north of One hundred and ninetieth Street. There shall be at least two parallel tracks, with the right at any time to add a third track Van Cortlandt Park Extension in the discretion of the Board of Rapid Transit Railroad Commissioners. The said connections and tracks shall be so constructed as to make convenient the running of trains without change between the portions of the said rapid transit railroad over and along Broadway south of Two hundred and thirtieth Street and the portions thereof over and along Broadway north of Two hundred and thirtieth Street hereby provided for. Stations and station ap- proaches may be built at such points along the portion of the route hereby added as the Board of Rapid Transit Railroad Commissioners may decide." In all other respects the provisions of the said general plan of construction adopted January I4th, and February 4th, 1897, as since amended, shall be applicable to the portion of the route hereby added ; and it is further Resolved, that whereas this Board has duly made the inquest and investigation necessary or proper in the premises and has determined that the modifications aforesaid of the said routes and general plan are necessary for the interests of the public and of the City of New York and should be established as herein provided, this Board does hereby determine and estab- lish the said routes and general plan as hereby modified, sub- ject to the consents and approvals to be first obtained as hereinafter mentioned ; and it is further Resolved, that the said modifications of routes and general plans shall take effect only upon the following consents and ap- provals thereto and after the same are duly obtained, to wit : 1. The consent of the said Tnterborough Rapid Transit Com- pany and of John B. McDonald, contractor, and of his sureties as follows : Rapid Transit Subway Construction Company, United States Fidelity and Guaranty Company, The Empire State Surety Company, American Surety Company of New York, National Surety Company, Fidelity and Deposit Company of Maryland. 2. The consent of the local authorities of the City of New York having the control of the portions of Broadway in the Borough of the Bronx above mentioned. 390 Van Cortlandt Park Extension 3. The consent of the Mayor of the City of New York. 4. The consent of the owners of a majority in value of the property along that part of Broadway which is included in the portion of the routes added as aforesaid ; or, if such con- sents cannot be obtained, then in lieu thereof the determina- tion of three commissioners to be appointed by the Appellate Division of the Supreme Court, duly confirmed by the said Appellate Division. 391 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad THIRD AVENUE AND 149th STREET STATION ENTRANCE Dated April 5th, 1907 Third Avenue and 149^; Street Station Entrance Agreement made this $th day of April, in the year Nine- teen hundred and seven, between THE CITY OF NEW YORK (here- inafter called the "City"), acting by the Board of Rapid Transit Railroad Commissioners for the City of New York (hereinafter called "the Board"), party of the first part, and JOHN B. MC- DONALD, of the City of New York (hereinafter called "the Con- tractor"), party of the second part, and INTERBOROUGH RAPID TRANSIT COMPANY, a corporation organized and existing under the laws of the State of New York (hereinafter called "Inter- borough Company"), party of the third part, WITNESSETH : WHEREAS, heretofore and on or about the 2ist day of February, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a Rapid Transit Railroad in the City of New York and other- wise, as therein mentioned, the said contract for construction and operation being hereinafter styled "the Contract," which contract has been from time to time modified by certain other agreements between the said parties ; and WHEREAS, the Contractor has deposited with the Comptroller of the City certain security for the performance of the Contract on his part, and has given certain bonds as further security for such performance and upon such bonds there are now sureties as follows: Rapid Transit Subway Construction Company, The United States Fidelity & Guaranty Company, The Em- pire State Surety Company, American Surety Company of New York, National Surety Company and Fidelity and De- posit Company of Maryland ; and WHEREAS, by written instruments bearing date the loth day of July, 1902, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right and obligation to maintain and operate the said Rapid Transit Railroad for the term of years specified in the Contract and all rights included in the leasing provisions of the Contract, together with the obligation to provide equip- ment for the said railroad unto Interborough Company, which Company also guaranteed the performance by the Contractor of the provisions of so much of the Contract as was not so as- signed to it ; and WHEREAS, it is provided in the Contract that the said Board of Rapid Transit Railroad Commissioners shall have the right to 395 Third Avenue and 149^; Street Station Entrance require additional work to be done or additional materials to be furnished or both, within the general purview of a rapid transit railroad as therein described, the reasonable value of which shall be additionally paid to the Contractor ; and WHEREAS, since the contract was made and the railroad (in- cluding the station thereof, near the intersection of Third Avenue with i4Qth Street in the Borough of The Bronx) was fully completed, the municipal authorities have caused the Third Avenue to be widened near the intersection of I49th Street, and it has therefore become necessary to construct a new entrance to the said station near the southeasterly corner of Third Avenue and i4Qth Street, and to make corresponding changes in the approaches to the said station, thus requiring additional work to be done and additional materials to be fur- nished; and WHEREAS, the cost of constructing the said station entrance and making the said changes in the approaches to said station is not chargeable to cost of construction of the railroad, but is properly a part of the expense of widening the Third Avenue, for which the Contractor and the Interborough Company are not responsible ; and WHEREAS, the Board desires and the Contractor approves a modification of the contract so as to provide for constructing the said new station entrance and making the other corresponding changes in the said station in such a manner as not to inter- rupt the traffic upon the railroad and not to impair the efficiency of the railroad or interfere with the safety and com- fort of passengers ; Now, THEREFORE, in consideration of the premises and subject to the consents hereinafter provided, IT is AGREED that the said Contract of February 21, 1900 be and the same is hereby modi- fied as follows : There shall be constructed at and near the southeasterly corner of Third Avenue and I49th Street a new station stair- way and entrance to the rapid transit railway station at that point and all necessary work shall be done and all necessary materials furnished to make such changes and alterations in the said station as may be necessary in connection with the said station entrance. The existing station entrance near that 396 Third Avenue and i^gth Street Station Entrance point shall be closed and discontinued. All of the said work is to be constructed by the Contractor in accordance with the plan or drawing- prepared and issued by the Chief Engineer of this Board, a copy of which, is hereunto annexed as a part of this agreement marked "Change of Stairway at S. E. Corner of North Third Ave. Station," numbered 1716, dated February 28, 1907. AND IT is FURTHER AGREED, that the cost of constructing the said new station entrance and stairway, together with all the work incidental thereto, including necessary changes to the present structure, shall be ascertained and paid to the Con- tractor in the manner provided in the Contract for ascertain- ing and paying for extra work in addition to amounts in said contract expressly agreed to be paid to said Contractor ; but that the amounts so ascertained and paid for the work pro- vided for in this present agreement shall not be included in the cost of the said railroad in determining the amount of rental to be paid under said contract. PROVIDED, however, and it is expressly AGREED, that this agree- ment shall take effect if and when and only when the follow- ing consents shall have been duly had, to wit: 1. The consent of the Board of Estimate and Apportion- ment of the City of New York. 2. The consents as subjoined of Rapid Transit Subway Con- struction Company, The United States Fidelity & Guaranty Company, The Empire State Surety Company, American Surety Company of New York, National Surety Company and Fidelity and Deposit Company of Maryland. In Witness whereof, this contract has been executed for the City of New York by its Board of Rapid Transit Railroad Commissioners, under and by resolution duly adopted by said Board and concurred in by six of its mem- bers, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the Contractor has hereto set his hand and seal, and Interborough Company has caused these pres- 397 Third Avenue and i^Qth Street Station Entrance ents to be duly executed by its proper officers under its cor- porate seal, the day and year first above written. BOARD OF RAPID TRANSIT RAILROAD COM- MISSIONERS FOR THE CITY OF NEW YORK, [SEAL.] JNO. H. STARIN, Vice-President. BION L. BURROWS, Secretary. INTERBOROUGH RAPID TRANSIT COMPANY, E. P. BRYAN, [SEAL.] President. Attest: H. M. FISHER, Secretary. JOHN B. MCDONALD. [SEAL.] Approval by Corporation Counsel. THE FOREGOING CONTRACT IS HEREBY AP- PROVED AS TO FORM. Dated New York, March 26, 1907. JOHN L. O'BRIEN, Actg. Corporation Counsel. STATE OF NEW YORK, ) t COUNTY OF NEW On this 25th day of April, 1907, before me personally appeared JOHN H. STARIN and BION L. BURROWS, to me known and known to me to be, the said John H. Starin, the vice-president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York ; and the said John H. Starin and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said John H. Starin, that he resides in the Borough of Manhattan, in the said City, that he is the vice-president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority 398 Third A-rcnuc and i^tyth Street Station Entrance thereof; and the said Bion L. Burrows, that he resides in the Borough of Brooklyn, in the said City of New York, that he is the secretary of the said Board and that he subscribed his name thereto by like authority ; and both the said John H. Starin and Bion L. Burrows that they know the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolu- tion duly adopted by the same. H. A. D. HOLLMANN, Notary Public for Kings County, N. Y. [SEAL.] Certificate filed in New York. STATE OF NEW YORK, ) > ss. ; COUNTY OF NEW YORK,} ~ v On this 1 5th day of April, 1907, before me personally appeared JOHN B. MCDONALD, to me known and known to me to be the person and Contractor named in and who executed the fore- going contract, and acknowledged to me that he executed the same. A. W. ANDREWS (39), [SEAL.] Notary Public, N. Y. Co. STATE OF NEW YORK, ) ss * COUNTY OF NEW On this 5th day of April, 1907, before me personally appeared E. P. BRYAN, to me known, who being by me first duly sworn, did depose and say, that he resides in Bound Brook, in the State of New Jersey, that he is President of Interborough Rapid Transit Company, the corporation described in and which executed the foregoing contract ; that he knows the cor- porate seal of said Company ; that one of the seals affixed to said contract is such corporate seal ; that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. THOMAS GEREHART, Notary Public, Kings Co., No. no, [SEAL.] Certificate filed in N. Y. Co. 399 Third A-rcnuc and 149/7? Street Station Entrance CONSENT OF SURETIES. The undersigned being the sureties of John B. McDon- ald, the contractor above mentioned, upon the bond for construction and equipment in the penalty of Five million dollars ($5,000,000), hereby consent to the making of the fore- going agreement. Dated New York, April 5th, 1907. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, by E. P. BRYAN, [SEAL.] Prest. Attest : H. M. FISHER, Secretary. THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, by RICHD. D. LANG, [SEAL.] Vice-Pres. Attest : ALBERT H. BUCK, Asst. Secy. THE EMPIRE STATE SURETY COMPANY, by WALTER J. MOORE, [SEAL.] Vice-President. Attest: CLARENCE C. JENKINS, Asst. Secy. AMERICAN SURETY COMPANY OF NEW YORK, by J. W. MASON, [SEAL.] Vice-President. Attest: E. F. WATSON, Attorney. 400 Third Arennc and 149^/2 Street Station Entrance NATIONAL SURETY COMPANY, by BALLARD McCALL, [SEAL.] 2 d Vice-Pres. Attest : SAMUEL H. SHRIVER, Secy. STATE OF NEW YORK, ) L. cc * COUNTY OF NEW YORK, On the 5th day of April, 1907, before me personally appeared E. P. BRYAN, to me known, who being by me first duly sworn, did depose and say. that he resides in Bound Brook, the State of New Jersey; that he is the President of Rapid Transit Subway Construction Company, one of the corporations de- scribed in and which executed the foregoing contract ; that he knows the corporate seal of said company; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like au- thority. THOMAS GEREHART, Notary Public Kings Co., No. no, [SEAL.] Certificate filed in N. Y. Co. STATE OF MARYLAND, } CITY OF BALTIMORE^ On the i /th day of April, 1907, before me personally appeared RICHARD D. LANG, to me known, who being by me first duly sworn, did depose and say that he resides in Baltimore in the State of Maryland; that he is the vice-president of the United States Fidelity and Guaranty Company, one of the corpora- tions described in and which executed the foregoing consent ; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is .such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. , A. D. PATRICK, Notary Public. [SEAL.] [Certificate of the Clerk of the Superior Court of Baltimore City attached.] 401 Third Arcnuc and 149^? Street Station Entrance STATE OF NEW YORK, ) ss ' COUNTY OF NEW YORK, j On the 1 5th day of April, 1907, before me personally appeared WALTER J. MOORE, to me known, who being by me first duly sworn, did depose and say that he resides in the Borough of Manhattan and City of New York in the State of New York; that he is the vice-president of the Empire State Surety Com- pany, one of the corporations described in and which executed the foregoing consent ; that he knows the corporate seal of said company; that one of the seals affixed to said consent is such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [SEAL.] Notary Public, N. Y. Co. STATE OF NEW YORK. ) * COUNTY OF NEW On the i6th day of April, 1907, before me personally appeared JARVIS W. MASON, to me known, who being by me first duly sworn, did depose -and say that he resides at Mount Vernon, New York, and is the Vice-President of American Surety Company of New York, one of the corporations described in and which executed the foregoing consent; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (39), [SEAL.] Notary Public, N. Y. Co. STATE OF NEW YORK, ) ss - COUNTY OF NEW YORK,^ On the i8th day of April, 1907, before me personally appeared BALLARD McCALL, to me known, who being by me first duly sworn, did depose and say that he resides in City of New York in the State of New York ; that he is the 2d Vice-President of National Surety Company of New York, one of the corpora- tions described in and which executed the foregoing consent ; 402 Third Arcnnc and 149^/2 Street Station Entrance that he knows the corporate seal of said company; that one* of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. R. W. MYERS, Notary Public, No. 85, for Kings County, [SEAL.] Certificate filed in New York, Queens and Westchester Counties. The undersigned being the sureties of John B. McDon- ald and Interborough Rapid Transit Company upon the continu- ing bond in the penalty of One million dollars ($1,000,000) here- by consent to the making of the foregoing agreement. Dated, New York, April 5th, 1907. THE UNITED STATES FIDELITY AND GUARANTY COMPANY, By RICHD. D. LANG, [SEAL.] Vice-Pres. Attest : ALBERT H. BUCK, Asst.-Secy. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, By HENRY B. PLATT, [SEAL.] Vice-President. Attest : HUGH M. ALL WOOD, Attorney in fact. STATE OF MARYLAND,) * ss * CITY OF BALTIMORE,^ On the 1 7th day of April, 1907, before me personally appeared Richard D. Lang, to me known, who being by me first duly sworn, did depose and say that he resides in Baltimore in the State of Maryland; that he is the vice-president of the United States Fi- delity & Guaranty Company, one of the corporations described in and which executed the foregoing consent ; that he knows the corporate seal of said Company ; that one of the seals affixed to 403 Third Arcane and 149^/2 Street Station Entrance said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. D. PATRICK, Notary Public. [SEAL.] STATIC OF MAKYLA.\I>, BALTIMORE CITY, SCT. : No. 854. I, Robert Ogle, Clerk of the Superior Court of Baltimore City, do hereby certify, That A. D. Patrick Esquire, before whom the annexed acknowledgment and affidavit was made, and who has thereto subscribed his name, was at the time of so doing, a Notary Public of the State of Maryland, in and for the City of Baltimore, residing in said City and State, duly commissioned and sworn, and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the Seal of the Superior Court of Baltimore City, the same being a Court of Record, this 1 7th day of April, 1907. ROBT. OGLE, , [SEM,.] Clerk of the Superior Court of Baltimore ''City. STATE OF NEW YORK, ) ss * COTXNTY or NEW YORK,^ On the i6th day of April, 1907, before me personally appeared Henry B. Platt, to me known, who being by me first duly sworn, did depose and say that he resides in the Borough of Manhattan and City of New York in the State of New York ; that he is the Vice-President of Fidelity and Deposit Company of Maryland, one of the corporations described in and which executed the fore- going consent ; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like au- thority. A. W. ANDREWS [SEAL.] Notary Public (39) N Y Co 404 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad EXTRA WORK FOR VENTILATING AND COOLING. Dated, June 27, 1907. Ventilating and t Cooling Agreement made this 27th day of June, in the year nine- teen hundred and seven, between The City of Ne\v York (herein- after called the "City"), acting by the Board of Rapid Transit Railroad Commissioners for The City of New York (hereinafter called "the Board"), party of the first part, and John B. McDon- ald, of The City of New York (hereinafter called "the Contrac- tor"), party of the second part, and Interborough Rapid Transit Company, a corporation organized and existing under the laws of the State of New York (hereinafter called "Interborough Com- pany"), party of the third part, witnesseth : WHEREAS, Heretofore and on or about the 2ist day of Feb- ruary, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a rapid transit railroad in The City of New York and otherwise, as there- in mentioned, the said contract for construction and operation being hereinafter styled "the Contract," which Contract has been from time to time modified by certain other agreements between the said parties; and WHEREAS, The Contractor has deposited with the Comptroller of 'the City certain security for the performance of the Contract oh his part, and has given certain bonds as further security for such performance, and upon such bonds there are now sureties as follows : Rapid Transit Subway Construction Company, the United States Fidelity and Guaranty Company, the City Trust Safe Deposit and Surety Company of Philadelphia, American Surety Company of New York, National Surety Company and Fidelity and Deposit Company of Maryland ; and WHEREAS, By written instruments bearing date the loth day of July, 1902, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right and obligation to maintain and operate the said rapid tran- sit railroad for the term of years specified in the Contract, and all rights included in the leasing provisions of the Contract, together with the obligation to provide equipment for the said railroad unto Interborough Company, which Company also guaranteed the per- formance by the Contractor of the provisions of so much of the Contract as was not assigned to it ; and WHEREAS, It is provided in the Contract that the said Board of Rapid Transit Railroad Commissioners shall have the right to require additional work to be done or additional materials to be 407 Ventilating and Cooling furnished, or both, within the general purview of a rapid transit railroad as therein described, the reasonable value of which shall be additionally paid to the Contractor ; and WHEREAS, The Contractor desires, and the Board approves, a modification of the Contract in order to provide for the construc- tion of certain vault light openings : Now, THEREFORE, in consideration of the premises, and subject to the consents hereinafter provided, IT is AGREED that the said Contract of February 21, 1900, be and the same is hereby modi- fied as follows : In addition to all other work of construction, there shall be constructed vault light openings, covered with suitable gratings, at the several stations between 93rd and i68th streets with the exception of the station at Manhattan street and at the storage yard at Broadway between I39th and I43rd streets. All of the said work is to be constructed in accordance with the general plans and drawings prepared and issued by the Chief Engineer of the Board, copies of "which are hereunto annexed as a part of this agreement, and which are marked and numbered as follows, to wit: Drawing No. 1-159 Typical Details of Sidewalk Gratings and Frames. Drawing No. 1-138 Sketch showing Vault, Light and Grat- ing Areas at Stations iO3d, Cathedral Parkway, Columbia Uni- versity, 1 37th, I45th and I57th streets on Broadway. Drawing No. 1-269 Plan and Sections of Grating over Stor- age Yard at Broadway, 1 39th- 1 43d streets. AND IT is FURTHER AGREED that the cost of constructing the said vault light openings, together with all the work incidental thereto, including necessary changes to present structure and apparatus, shall be deemed a part of the cost of constructing said rapid transit railroad, and shall be paid to the Contractor in the manner provided in the Contract, in addition to the amounts in said Contract agreed to be paid unto said Contractor ; and such cost shall be included in the total c6st of the construction of the said railroad in determining the amount of rental to be paid under said Contract, in like manner as if such work had been originally required by or authorized in the said Contract ; 408 / 'cntilating and Cooling PROVIDED, however, and it is expressly agreed, that this agree- ment shall take effect if and when and only when the following consents shall have been duly had, to wit : The consents as subjoined of Rapid Transit Subway Construc- tion Company, the United States Fidelity and Guaranty Company, the City Trust, Safe Deposit and Surety Company of Philadelphia, American Surety Company of New York, National Surety Com- pany and Fidelity and Deposit Company of Maryland. In witness whereof, this contract has been exe- cuted for The City of New York by its Board of Rapid Transit Railroad Commissioners, under and by a resolution duly adopted by said Board, concurred in by six of its members, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the Contractor has hereto set his hand and seal, and Interborough Company has caused these presents to be duly executed by its proper officers under its corporate seal, the day and year first above written. BOARD OF RAPID TRANSIT RAILROAD COM- MISSIONERS FOR THE CITY OF NEW YORK, A. E. ORR, President. [SEAL RAPID TRANSIT BOARD.] BION L. BURROWS, Secretary. INTERBOROUGH RAPID TRANSIT COMPANY, [SEAL.] E. P. BRYAN, President. Attest : H. M. FISHER, Secretary. JOHN B. MCDONALD. [SEAL.] Approved : ALFRED A. GARDNER, General Solicitor. 409 Ventilating and Cooling APPROVAL BY CORPORATION COUNSEL. The foregoing contract is hereby approved as to form. Dated New York, June , 1907. JOHN L. O'BRIEN Actg. Corporation Counsel. COUNTY OF NEW YORK, ^ On this 28th day of June, 1907, before me personally appeared ALEXANDER E. ORR and BION L. BURROWS, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resides in the Borough of Brooklyn, in the said city, that he is the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof ; and the said Bion L. Burrows, that he resides in the Borough of Brooklyn, in the said City of New York, that he is the secretary of the said Board and that he sub- scribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they know the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, [NOTARIAL Notary Public for Kings County, N. Y. SEAL.] Certificate filed in New York. STATE OF NEW YORK. ) ss ' CITY AND COUNTY OF NEW On the I3th day of January, 1908, before me personally ap- peared JOHN B. MCDONALD, to me known and known to me to l)e the person and contractor named in and who executed the foregoing contract, and acknowledged to me that he executed tire same. J. TUFTON MASON, Commissioner of Deeds, [SEAL.] New York City. 410 Ventilating and Cooling STATE OF NEW YORK, ) ss * CITY & COUNTY OF NEW YORK, ^ ( )n this 9th day of January, 1908, before me personally ap- peared E. P. BRYAN, to me known, who, being- by me first duly sworn, did depose and say that he resides in Bound Brook, in the State of New Jersey ; that he is the President of Interborough Rapid Transit Company, the corporation described in and which executed the foregoing- contract ; that he knows the corporate seal of said Company ; that one of the seals affixed to said contract is such corporate seal; that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. J. TUFTON MASON, Commissioner of Deeds, [SEAL.] New York City. 411 Ventilating and Cooling CONSENT OF SURETIES. THE UNDERSIGNED being the sureties of John B. McDonald, the contractor above mentioned, upon the bond for construction and equipment in the penalty of Five million dollars ($5,000,000), hereby consent to the making- of the foregoing agreement. Dated New York, January 9th, 1908. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, E. P. BRYAN, [SEAL.] Attest : H. M. FISHER, Secretary. THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, RICHD. D. LANG, [SEAL.] Vice-President. Attest : ALBERT H. BUCK, Asst. Secretary. THE EMPIRE STATE SURETY COMPANY, WALTER J. MOORE, [SEAL.] Vice-President Attest : DANIEL STEWART, Secretary. AMERICAN SURETY COMPANY OF NEW YORK, WALTER S. JOHNSTON, [SEAL.] Vice-President. Attest: C. E. MlLLEN, Asst. Secretary. NATIONAL SURETY COMPANY, SAMUEL H. SHRIVER, [SEAL.] V. P. Attest : LEONARD DAM MAN, Asst. Secy. 412 Ventilating and Cooling STATE OF NEW YORK, ) SS ! CITY & COUNTY OF NEW On the Qth day of January, 1908, before me personally appeared E. P. BRYAN, to me known, who being by me first duly sworn, did depose and say, that he resides in Bound Brook, the State of New Jersey; that he is the President of Rapid Transit Subway Con- struction Company, one of the corporations described in and which executed the foregoing contract ; that he knows the cor- porate seal of said company ; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. % J. TUFTON MASON, Commissioner of Deeds, [SEAL.] , New York City. STATE OF MARYLAND,) * CITY OF BALTIMORE, j On the nth day of February, 1908, before me personally ap- peared Richard D. Lang, to me known, who being by me first duly sworn, did depose and say that he resides in Baltimore, in the State of Maryland ; that he is the Vice-President of the United States Fidelity and Guaranty Company, one of the corporations described in and which executed the foregoing- consent, that he knows the corporate seal of said company; that one of the seals affixed to said consent is such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that ho signed his name thereto by like authority. A. D. PATRICK, [SEAL.] Notary Public. STATE OK MARYLAND, BALTIMORE CITY, SCT. : No. 447. I, STEPHEN C. LITTLE, clerk of the Superior Court of Balti- more City, do hereby certify. That A. D. Patrick, Esquire, be- fore whom the annexed acknowledgment and affidavit were made, and who has thereto subscribed his name, was at the time of so doing, a Notary Public of the State of Maryland, in and for the City of Baltimore, residing in said City and State, duly 413 Ventilating and Cooling commissioned and sworn, and authorized by law to administer oaths and take acknowledgments, or proofs of deeds to be re- corded therein. I further certify that I am acquainted with the handwriting 1 of said Notary and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this nth day of February, 1908. [SEAL] STEPHEN C. LITTLE, Clerk of the Superior Court of Baltimore City, STATE OF NEW YORK, CITY & COUNTY OF NEW v On the 7th day of February, 1908, before me personally appeared Walter J. Moore, to me known, who being by me first duly sworn, did depose and say that he resides in the Borough of Manhattan and City of New York, in the State of New York, that he is the Vice-President of the Empire State Surety Company, one of the corporations described in and which executed the foregoing con- sent ; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. [SEAL] J. TUFTON MASON, Commissioner of Deeds, New York City. STATE OF NEW YORK, CITY & COUNTY OF NEW On the loth day of February, 1908, before me personally ap- peared Walter S. Johnston, to me known, who being by me first duly sworn, did depose and say that he resides in the City of New York, and is the Vice-President of American Surety Company of New York, one of the corporations described in and which exe- cuted the foregoing consent ; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such 414 Ventilating and Cooling corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. [SEAL] J. TUFTON MASON, Commissioner of Deeds, New York City. STATE OF NEW YORK. ) CITY & COUNTY OF NEW On the 7th day of February, 1908, before me personally ap- peared Samuel H. Shriver, to me known, who being by me first duly sworn, did depose and say that he resides in City of New York in the State of New York ; that he is the Vice-President of National Surety Company of New York, one of the corporations described in and which executed the foregoing consent, that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. [SEAL] J. TUFTON MASON, Commissioner of Deeds, New York City. THE UNDERSIGNED being the sureties of John B. McDonald and Interborough Rapid Transit Company upon the continuing bond in the penalty of One million dollars ($1,000,000) hereby consent to the making of the foregoing agreement. Dated New York, February 7, 1908. THE UNITED STATES FIDELITY AND GUARANTY COMPANY, [SEAL] RICHD. D. LANG, Vice-President. Attest : ALBERT H. BUCK, Assistant Secretary. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, [SEAL.] THOS. A. WHELAN, Vice-President. Attest : HUGH M. ALL WOOD, Acting Secretary. 415 Ventilating and Cooling STATE OF MARYLAND. ) > ss ' CITY OF BALTIMORE, j On the nth day of February, 1908, before me personally ap- peared Richard D. Lang, to me known, who being by me first duly sworn, did depose and say that he resides in Baltimore, in the State of Maryland ; that he is the Vice-President of the United States Fidelity and Guaranty Company, one of the cor- porations described in and which executed the foregoing consent : that he knows the corporate seal of said Company ; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. D. PATRICK, [SEAL.] Notary Public. 'STATE OF MARYLAND, BALTIMORE CITY, SCT. : No. 448. I, Stephen C. Little, Clerk of the Superior Court of Baltimore City, do hereby certify : That A. D. Patrick, Esquire, before whom the annexed ac- knowledgment and affidavit were made, and who has thereto sub- scribed his name, was at the time of so doing, a Notary Public of the State of Maryland, in and for the City of Baltimore, residing in said City and State, duly commissioned and sworn, and author- ized by law to administer oaths and take acknowledgments or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand, and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this nth day of Feby., 1908. [SEAL] STEPHEN C. LITTLE, Clerk of the Superior Court, of Baltimore City. . 416 Ventilating and Cooling STATE OF NEW YORK, | CITY AND COUNTY OF NEW YORK,| On this 3rd day of March, 1908, before me personally ap- peared THOMAS A. WHELAN, to me known, who, being by me first duly sworn, did depose and say: That he resided in City of Baltimore, in the State of Maryland ; that he is Vice-Presi- dent of the Fidelity and Deposit Company of Maryland, one of the corporations described in and which executed the fore- going consent ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. J. TUFTON MASON, Commissioner of Deeds, New York City. [SEAL.] 417 THE CITY OF NEW YORK By its Rapid Transit Board WITH JOHN B. McDONALD, Contractor, AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad ADDITIONAL TRACKS NEAR 96th STREET Dated, June 27th, 1907 Additional Tracks Near g6th Street Note. The agreement was executed by the Rapid Transit Board and sent to the Contractors for execution, but up to the time of printing this volume had not been returned. Agreement made this 27th day of June, in the year Nine- teen hundred and seven, between THE CITY OF NEW YORK (here- inafter called the " City "), acting by the Board of Rapid Transit Railroad Commissioners for The City of New York (hereinafter called the " Board"), party of the first part, and JOHN B. MC- DONALD, of The City of New York (hereinafter called the " Con- tractor"), party of the second part, and INTERBOROUGH RAPID TRANSIT COMPANY, a corporation organized and existing under the laws of the State of New York ( hereinafter called " Interbor- ough Company "), party of the third part, WITNESSETH: WHEREAS, heretofore and on or about the 2ist day of February, 1900, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a Rapid Transit Railroad in The City of New York and otherwise, as therein mentioned, the said contract for construction and operation being hereinafter styled the " Contract," which contract has been from time to time modified by certain other agreements between the said parties; and WHEREAS, the Contractor has deposited with the Comptroller of the City certain security for the performance of the Contract on his part, and has given certain bonds as further security for such performance and upon such bonds there are now sureties as follows : Rapid Transit Subway Construction Company, The United States Fidelity and Guaranty Company, The Empire State Surety Company, American Surety 'Company of New York, National Surety Company and Fidelity and Deposit Company of Maryland; and WHEREAS, by written instruments bearing date the loth day of July, 1902, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right and obligation to maintain and operate the said Rapid Tran- sit Railroad for the term- of years specified in the Contract and ,iP rights included in the leasing provisions of the Contract, to- gether with the obligation to provide equipment for the said rail- road unto Tnterborough Company, which Company also guaran- 421 Additional Tracks Near g6th Street teed the performance by the Contractor of the provisions of so much of the Contract as was not assigned to it; and WHEREAS, it is provided in the Contract that the said Board of Rapid Transit Railroad Commissioners shall have the right co require additional work to be done or additional materials to be furnished or both, within the general purview of a rapid transit railroad as therein described, the reasonable value of which shall be additionally paid to the Contractor; and WHEREAS, The Contractor and the Interborough Rapid Transit Company desire, and the Board approves, a modification of the Routes and General Plan for the Rapid Transit Railroad referred to in the said Contract for Construction and .Operation as set forth in certain resolutions adopted by the Board this day, a copy of which is hereto annexed, in order to provide for an addition to the said Routes and General Plan, as in said resolutions and herein described, Now, THEREFORE, in consideration of the premises, but subject to the consents hereinafter provided, IT is AGREED that the said Contract for Construction and Operation and the Routes and Gen- eral Plan therein contained be, and the same are hereby modified by adding to the said Routes and General Plan the words follow- ing, to wit : And also an additional track extending along the easterly side of Broadway from a point near the center line of Ninety-sixth street to a point about seventy-five (75) feet north of the northerly line of One Hundred and Second street. The said easterly addi- tional track is more particularly described as follows : A track, the center line of which shall begin at or near a point where the center line of Ninety-sixth street intersects the center line of the easterly track as originally constructed upon this route ; thence diverging from the said easterly track originally con- structed, and running northeasterly and northerly and generally parallel with the easterly line of Broadway, and distant therefrom not less than twenty-four (24) feet and nine (9) inches, and so continuing to a point near the southerly line of One Hundred and Second street ; and thence curving northwesterly, and again uniting with the said easterly track of the railroad as originally constructed upon this route, at a point about seventy-five (75) feet north of the northerly line of iO2nd street. Additional Tracks Near 96^ Street Also two additional tracks extending along- the westerly side of Broadway, from a point near the center line of Ninety-sixth street northerly to a point near the center line of One Hundred and First street. The said two tracks are more particularly described as follows : FIRST. A track, the center line of which shall begin at or near the point where the center line of Ninety-sixth street intersects the center line of the westerly track as originally constructed upon this route; thence diverging from the said westerly track orig- inally constructed, and running northwesterly and northerly and generally parallel with the westerly line of Broadway, and distant therefrom not less than twenty-four (24) feet and nine (9) inches, to a point about fifty (50) feet south of the southerly line of One Hundredth street; and thence curving northeasterly, and again uniting with the said westerly track as originally constructed upon this route, at a point near the intersection of the center line of the said westerly track with the center line of One Hundred and First street. SECOND. A track, the center line of which shall diverge from the center line of the additional track last above described, at a point about twenty (20) feet south of the northerly line of Ninety- sixth street ; and thence running northerly and parallel, or nearly so, with the westerly line of Broadway, and distant about forty (40) feet therefrom, to a point about fifty (50) feet north of the northerly line of One Hundredth street ; and thence curving north- easterly and continuing to a point near the intersection of the center line of One Hundred and First street with the center line of the lower westerly track originally constructed upon this route, and known as the southbound Lenox avenue track. And also spurs or connections to unite the said three additional tracks or any one or more of them with any of the other tracks constructed upon this route. The additional tracks, spurs and connections herein provided for, shall be built (except where the same curve to unite with or diverge from any of the four tracks first constructed upon this route) between the walls of the railroad or subway, and the easterly and westerly sides of Broadway respectively. The additional track on the easterly side shall descend from a point at or near the center line of Ninety-seventh street at a grade of about one per cent, to a point about forty (40) feet north of the 423 Additional Tracks X car t)6th Street center line of Ninety-ninth street, and then level to a point which is about thirty-five (35) feet below the surface of Broadway and near the southerly line of One Hundredth street, at which point a spur or connection shall diverge to connect with other tracks. Said easterly additional track as above described shall from said lowest point ascend to about the center line of One Hundred and Second street, and shall continue thence on the same grade as the easterly line originally constructed upon this route, which is known as the northbound Broadway track. The first of the two additional westerly tracks shall be con- structed upon the same grade as the westerly track first con- structed upon this route, which is known as the southbound Broad- way track. The second of the said two additional westerly tracks shall con- tinue on the same grades as the first of the said additional westerly tracks from the point of beginning as above described, to a point near the intersection of the center line of Ninety-eighth street; from thence it shall descend to a point about the northerly line of One Hundredth street, at which it will be on the same grade as the two center tracks first constructed upon this route, known as the Lenox avenue tracks; and fronv thence it shall continue on the same grades as the said two Lenox avenue tracks. AND IT is HEREBY FURTHER AGREED that the said contract be and the same shall hereafter be deemed to be so modified as that the portion of the rapid transit railroad added by the modification aforesaid of the Routes and General Plan shall in all respects, exceot as herein otherwise expressly provided, be deemed to be part of the rapid transit railroad originally described in the said contract hereby modified. AND IT i? HEREBY FURTHER AGREED that the reasonable value of constructing that portion of the rapid transit railroad upon the said additional tracks, including all of the said connections, switches, and appurtenances of such addition to the said rapid transit railroad shall be deemed a part of the cost of constructing said rapid transit railroad, and shall be ascertained and determined and paid to the Contractor in the manner provided in the contract for the construction and operation of said rapid transit railroad in addition to the amounts in said contract originally agreed to be paid unto said Contractor, and that such additional amounts so paid shall be included in the total cost of the construction of the 424 Additional Tracks Near g6th Street said railroad in determining the amount of rental to be paid under said contract in like manner as if. said additional route had been originally authorized therein; AND IT IS HEREBY FURTHER UNDERSTOOD AND AGREED that in computing the rental payable under the Contract, the interest actually paid by the City on bonds heretofore issued or that may hereafter be issued for construction, shall be the basis of the said computation notwithstanding the rate of interest so paid may exceed three and one-half (3^) per cent., the rate which was lim- ited by law at the time the Contract was made ; PROVIDED, however, and it is expressly AGREED that this agree- ment shall take effect if and when and only when the following consents shall have been duly had, to wit: 1. The consent of the Board of Estimate and Apportionment of The City of New York. 2. The consents of Rapid Transit Subway Construction Com- pany, The United States Fidelity and Guaranty Company, The Empire State Surety Company, American Surety Company of New York, National Surety Company, and Fidelity and Deposit Company of Maryland; and PROVIDED further, however, and it is expressly agreed, that this agreement shall take effect if and when, and only when, the fol- lowing consents shall have been duly given to the said resolutions adopted by the Board this day, a copy of which is hereto an- nexed, providing for the said addition to said Routes and General Plan; the consent of the Board of Estimate and Apportionment of the City of New York ; the consent of the Mayor of the City of New York ; and the consent of the owners of a majority in value of the property along such streets or such portions of streets as are included in the portion of the route adde'd as aforesaid, or if such last mentioned consent cannot be obtained, then in lieu there- of, the determination of three commissioners to be appointed by the Appellate Division of the Supreme Court duly confirmed by the said Appellate Division. The plan hereto annexed entitled "Board of Rapid Transit Rail- road Commissioners of The City of New York; proposed Addi- tional Tracks between West Ninety-sixth and West One Hundred and Third streets. Drawing No. 17156. June 24th, 1907," is in- tended to illustrate and show in general the addition to and modi- 4*5 Additional Tracks Near g6th Street fication of the said original Routes and General Plan as hereby proposed. In witness whereof, This contract has been executed for The City of New York by its Board of Rapid Transit Railroad Commissioners, under and by a resolution duly adopted by said Board, concurred in by seven of its members, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the said John B. McDonald has hereto set his hand and seal and the said Inter- borough Rapid Transit Company has caused its corporate seal to be hereto affixed and attested by its secretary, and these presents to be signed by its president, all the day and year first above written. BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS, [OFFICIAL SEAL.] A. E. ORR, President. BION L. BURROWS, SECRETARY. Approval by Corporation Counsel. THE FOREGOING CONTRACT IS HEREBY AP- PROVED AS TO FORM. Dated New York, July 30, 1907. JOHN L. O'BRIEN, Acting Corporation Counsel. STATE OF NEW YORK, ) I <;s ' COUNTY OF NEW YORK, } Ojp the 28th day of June, 1907, before me personally ap- peared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be the said Alexander E. Orr, the presi- dent, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not for the other, the said Alexander E. Orr. that he resides in the Borough of Brooklyn, in the said City, that he is the president of the said Board and that he sub- scribed his name to the foregoing Contract by virtue of the authority hereof; and the said Bion L. Burrows, that he re- 426 Additional Tracks Near g6th Street sides in the Borough of Brooklyn, in the City of New York, that he is the secretary of the said Board and that he sub- scribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they know the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, [NOTARIAL] Notary Public for Kings County, N. Y. [ SEAL ] Certificate Filed in New York. On this day of October, 1907, before me personally came JOHN B. MCDONALD, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. STATE OF NEW YORK, ) (. , COUNTY OF NEW On this day of October, 1907, before me personally appeared , to me known, who being by me first duly sworn, did depose and say: That he resided in , in the State of ; that he is President of the. Interborough Rapid Transit Com- pany, the corporation described in and which executed the foregoing instrument ; that he knew the corporate seal of said company ; that one of the seals affixed to s,aid contract was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. Copy Resolutions of June ayth, 1907. WHEREAS, this Board did, on the Hth day of January, 1897. and 4th day of February, 1897, adopt certain Routes and Gen- eral Plan for a rapid transit railroad in the City of New York, a copy of which is hereto annexed entitled "Copy Routes and General Plan ;" and 427 Additional Tracks Near $6th Street WHEREAS, the said Routes and General Plan were afterward duly approved by the municipal authorities of the City of New York, and were duly consented to by commissioners ap- pointed by the Appellate Division of the Supreme Court, which consent was duly confirmed by the said Appellate Division, in lieu of the consent of the owners of a majority in value of the property along- said routes; and WHEREAS, thereafter, and on or about the 2ist day of Feb- ruary, 1900, the City of New York did by this Board enter into a certain contract with John B. McDonald for the con- struction and operation of the said rapid transit railroad ; and WHEREAS, by written instrument bearing date the loth day of July, 1902, the said John B. McDonald with the written con- sent of this Board concurred in by six members thereof duly assigned the right or obligation to maintain and operate the said rapid transit railroad for the term of years specified in the said contract and all rights included in the leasing pro- visions of the said contract together with the obligation to pro- vide equipment for the said railroad, unto Interborough Rapid Transit Company, which Company also guaranteed the per- formance by the said John B. McDonald as such contractor, of the provisions of his said contract not so assigned to it; and WHEREAS, it is the interest of the City of New York, and, in the opinion of the said Interborough Rapid Transit Company, it is likewise in its interest as such lessee, and it desires that said Routes and General Plan shall be changed in the respect herein- after mentioned, but without other change in the said Routes and General Plan ; now, therefore, it is RESOLVED, That, subject to the consents and approvals to be first obtained as in these resolutions hereinafter mentioned, the said Routes and General Plan heretofore adopted by this Board be, and they hereby are modified by adding to the said routes the following, to wit, "And also an additional track extending along the easterly side of Broadway from a point near the center line of 96th Street to a point about seventy-five (75) feet north of the northerly line of io2nd Street. The said easterly additional track is more par- ticularly described as follows : 428 Additional Tracks Near g6th Street "A track, the center line of which shall begin at or near a point where the center line of 96th Street intersects the center line of the easterly track as originally constructed upon this route ; thence diverging from the said easterly track originally constructed and running northeasterly and northerly and generally parallel with the easterly line of Broadway, and distant therefrom not less than twenty-four (24) feet and nine (9) inches, and so continuing to a point near the southerly line of iO2nd Street ; and thence curving northwesterly, and again uniting with the said easterly track of the railroad as originally constructed upon this route, at a point about seventy-five (75) feet north of the northerly line of iO2ncl Street. "Also two additional tracks extending along the westerly side of Broadway, from a point near the center line of 96th Street northerly to a point near the center line of roist Street. The said two tracks are more particularly described as follows: "FIRST. A track, the center line of which shall begin at or near the point where the center line of 96th Street intersects the center line of the westerly track as originally constructed upon this route ; thence diverging from the said westerly track originally con- structed and running northwesterly and northerly and generally parallel with the westerly line of Broadway, and distant therefrom not less than twenty-four (24) feet and nine (9) inches, to a point about fifty (50) feet south of the southerly line of looth Street ; and thence curving northeasterly, and again uniting with the said westerly track as originally constructed upon this route, at a point near the intersection of the center line of the said west- erly track with the center line of loist Street. "SECOND. A track, the center line of which shall diverge from the center line of the additional track last above described, at a point about twenty (20) feet south of the northerly line of 96th Street ; and thence running northerly and parallel, or nearly so, with the westerly line of Broadway, and distant about forty (40) feet therefrom, to a point about fifty (50) feet north of the north- erly line of looth Street; and thence curving northeasterly and continuing to a point near the intersection of the center line of loist Street with the center line of the lower westerly track originally constructed upon this route, and known as the south- bound Lenox Avenue track. 429 Additional Tracks Near g6th Street "And also spurs or connections to unite the said three addi- tional tracks or any one or more of them with any of the other tracks constructed upon this route. "The additional tracks, spurs and connections herein provided for shall be built (except where the same curve to unite with or diverge from any of the four tracks first constructed upon this route) between the walls of the railroad or subway, and the east- erly and westerly sides of Broadway respectively. "The additional track on the easterly side shall descend from a point at or near the center line of 97th Street at a grade of about one per cent, to a point about forty (40) feet north of the center line of 99th Street, and then level to a point about thirty-five (35; feet below the surface of Broadway and near the southerly line of looth Street, at which point a spur or connection shall diverge to connect with other tracks. Said easterly additional track as above described shall from said lowest point ascend to about the center line of iO2nd Street, and shall continue thence on the same grade as the easterly line originally constructed upon this route, which is known as the northbound Broadway track. "The first of the two additional westerly tracks shall be constructed upon the same grade as the westerly track first constructed upon this route, which is known as the south- bound Broadway track. "The second of the said two additional westerly tracks shall continue on the same grade as the first of the said additional westerly tracks from the point of beginning as above de- scribed, to a point near the intersection of the center line of Ninety-eighth street ; from thence it shall descend to a point about the northerly line of One Hundredth street, at which it will be on the same grade as the two center tracks first constructed upon this route, known as the Lenox avenue tracks ; and from thence it shall continue on the same grades as the said two Lenox avenue tracks." In all other respects the provisions of the said general plan of construction adopted January i/j-th and February 4th, 1897, as heretofore amended, shall be applicable to the portion of the route hereinabove mentioned ; and it is further RESOLVED, that, Whereas this Board has duly made the in- quiries and investigation necessary or proper in the premises, 43 Additional Tracks Near g6th Street and has determined that the modification aforesaid of the said Routes and General Plan are necessary for the interests of the public and of the City of New York and should be es- tablished as herein provided, this Board does hereby determine and establish the said Routes and General Plan as hereby modified, subject to the consents and approvals to be first ob- tained as hereinafter mentioned ; and it is further RESOLVED, That the said modifications of the Routes and General Plans shall take effect only upon and after the fol- lowing consents and approvals thereto shall be duly had, to wit: 1. The consent of the Board of Estimate and Apportion- ment of The City of New York as the local authority having control of the streets above mentioned. 2. The consent of the Mayor of The City of New York. 3. The consent of the owners of a majority in value of the property along that portion of Broadway in the Borough of Manhattan which is included in the portion of the routes added as aforesaid ; or, if such consents cannot be obtained, then, in lieu thereof, the determination of three commissioners to be appointed by the Appellate Division of the Supreme Court, duly confirmed by the said Appellate Division. 4. The consent of the said John B. McDonald, contractor, and of his sureties, as follows: Rapid Transit Subway Con- struction Company, The United States Fidelity and Guaranty Company, The Empire State Surety Company, American Surety Company of New York, National Surety Company and Fidelity and Deposit Company of Maryland; and also Inter- borough Rapid Transit Company. It is further RESOLVED, That this Board hereby adopts the drawing now produced and entitled "Board of Rapid Transit Railroad Commissioners of the City of New York: Pro- posed additional tracks between West Ninety-sixth and West One Hundred and Third streets. Drawing No. 17156, June 24th, 1907, as showing in general the additions to and modi- fications of the original Routes and General Plan hereby adopted. Additional Tracks Near g6th Street The undersigned being the sureties of John B. Mc- Donald, the contractor above mentioned, upon the continuing bond in the penalty of One Million Dollars ($1,000,000), and the bond for construction and equipment in the penalty of Five Million Dollars ($5,000,000), hereby consent to the making of the foregoing instrument. Dated New York, June 27th, 1907. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, By Attest: UNITED STATES FIDELITY AND GUARANTY COMPANY, By Attest: t THE EMPIRE STATE SURETY COMPANY, By Attest: AMERICAN SURETY COMPANY OF NEW YORK, By Attest: NATIONAL SURETY COMPANY, By Attest : FIDELITY AND DEPOSIT COMPANY OF MARYLAND, By Attest: 432 Additional Tracks Xcar y6th Street STATE OF NEW YORK, 1 t COUNTY OF NEW On this day of October, 1907, before me per- sonally appeared to me known, who, being by me first duly sworn, did depose and say : That he resided in , in the State of ; that he is of the Rapid Transit Subway Construction Company, the cor- poration described in and which executed the foregoing in- strument ; that he knew the corporate seal of said company ; that one of the seals affixed to said instrument was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. STATE OF NEW YORK. ) ss * COUNTY OF NEW Youtjj On this day of October, 1907, before me per- sonally appeared to me known, who, being by me first duly sworn, did depose and say: That he resided in , in the State of ; that he is of the United States Fidelity and Guaranty Company, the cor- poration described in and which executed the foregoing in- strument ; that he knew the corporate seal of said company ; that one of the seals affixed to said instrument was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. STATE OF NEW YORK, COUNTY OF NEW On this day of October, 1907, before me per- sonally appeared to me known, who, being by me first duly sworn, did depose and say : That he resided in , in the State of ; that he is 433 Additional Tracks Near g6th Street of the Empire State Surety Company, the corporation de- scribed in and which executed the foregoing instrument; that he knew the corporate seal of said company; that one of the seals affixed to said instrument was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. STATE OF NEW YORK, ) I gg COUNTY OF NEW YORK,] On this day of October, 1907, before me per- sonally appeared to me known, who, being by me first duly sworn, did depose and say: That he resided in , in the State of ; that he is of the American Surety Company of New York, the cor- poration described in and which executed the foregoing in- strument ; that he knew the corporate seal of said company ; that one of the seals affixed to said instrument was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. STATE OF NEW YORK, ) ss ' COUNTY OF NEW YORK,J On this day of October, 1907, before me per- sonally appeared to me known, who, being by me first duly sworn, did depose and say: That he resided in , in the State of ; that he is of the National Surety Company, the corporation described in and which executed the foregoing instrument ; that he knew the corporate seal of said company ; that one of the seals affixed to said instrument was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. 434 Additional Tracks Near <}6th Street STATE OF NEW YORK, COUNTY OF NEW YORK/ On this day of October, 1907, before me per- sonally appeared to me known, who, being by me first duly sworn, did depose and say : That he resided in , in the State of ; and that he is of the Fidelity and Deposit Company of Maryland, the cor- poration described in and which executed the foregoing in- strument ; that he knew the corporate seal of said company ; that one of the seals affixed to said instrument was such corporate seal, and that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. 435 THE CITY OF NEW YORK By the Public Service Commission for the First District WITH JOHN B. MCDONALD AND NTERBOROUGH RAPID TRANSIT COMPANY Contract No. 1 AGREEMENT Modifying Contract for Construction and Operation of Rapid Transit Railroad MODIFICATION OF ARBITRATION PROVISIONS Modification of Arbitration Agreement, made this I2th day of December, in the year One Thousand Nine Hundred and Seven, between THE CITY OF XEW YORK (hereinafter called the "City") acting- by the PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT (hereafter called the "Commission"), party of the first part, and JOHN B. MC- DONALD, of The City of New York (hereinafter called the "Con- tract"), and INTERBOROUGH RAPID TRANSIT COMPANY, a cor- poration organized under the laws of the State of New York (hereinafter called "Interborough Company"), parties of the second part, WITNESSETH : WHEREAS, heretofore and on or about the 2ist day of February, 1900, the City, acting by the Board of Rapid Transit Railroad Commissioners for The City of New York, entered into a contract with the Contractor for the construction and operation of a Rapid Transit Railroad in The City of New York and otherwise, as therein mentioned, which contract has since been modified by cer- tain agreements between the parties, and which contract as so modified is hereinafter called the "contract" ; and WHEREAS, the Contractor has deposited with the Comptroller of the City security for the performance of the said contract for construction and operation on his part, and has given certain bonds as further security for such performance, and upon such bonds there are sureties as follows : Rapid Transit Subway Con- struction Company, -United States Fidelity & Guaranty Company, The Empire State Surety Company, American Surety Company of New York, National Surety Company, and Fidelity & Deposit Company of Maryland ; and WHEREAS, by written instruments bearing date the tenth day of July, 1902, the Contractor, with the written consent of the Board of Rapid Transit Railroad Commissioners for The City of New York, concurred in by six members thereof, duly assigned the right and obligation to maintain and operate the said Rapid Tran- sit Railroad for the term of years specified in the Contract and all rights included in the leasing provisions of the Contract, to- gether with the obligation to provide equipment for the said rail- road unto Interborough Company, which Company also guar- anteed the performance by the Contractor of the provisions of so much of the Contract as was not so assigned to it ; and 439 Modification of Arbitration Provisions Work subject to Approval of En- gineer. Engineer's Deter- mination when sub- ject to Review. WHEREAS, the Commission has succeeded to all the powers and duties of the said Board of Rapid Transit Railroad Commissioners for The City of New York ; and WHEREAS, the contract provides that no change shall be made therein except by a written instrument duly authorized by said Board of Rapid Transit Railroad Commissioners for The City of New York, or its successors, and consented to by the Contractor and the sureties upon his said bonds ; and WHEREAS, it is among other things in the contract provided : "The work is to be done and the materials are to be fur- nished subject to the direction and approval of the Engineer. The Contractor shall promptly obey and follow every direc- tion within the general purview of the work which shall be given by the Engineer, including any direction which he shall give by way of withdrawal, modification or reversal of any previous direction given by him. If any additional specifica- tion be prescribed or additional drawing be required to be followed, or additional detail required, or if any question shall arise as to the quality, character or amount of materials or work, or as to the obligation of the Contractor to do any particular work or furnish any particular materials, or as to the value of any additional work or materials re- quired by the Board or as to the deduction to be made from the contract price for the construction by reason of any ma- terials or work directed by the Board to be omitted, or if any other dispute, question or doubt as to what is the obligation of the Contractor shall arise prior to the time of the complete construction and equipment of the Railroad and the declara- tion thereof by the Board, the determination of the Engineer shall be binding upon the Contractor and the City, so far as that the Contractor shall, as the case may be, proceed or re- frain from proceeding, and without any delay obey the re- quirement of the Engineer. "But a determination of the Engineer shall not be finally conclusive upon either the Contractor or the City as to the reasonable value of any work or materials additionally re- quired as aforesaid or omitted as aforesaid, or as to the question whether the Contractor is entitled to additional pay- ment for anything additionally required by the Engineer, whether upon additional specifications or drawings or in the 440 Modification of Arbitration Provisions way of additional details as aforesaid, or otherwise as herein provided, or as to the question whether the City is entitled to a deduction from the amount payable to the Contractor according to the terms hereof. In every such case the En- Mode of Review, gineer shall make his determination in writing and in dupli- cate, one duplicate to be filed with the Board and the other duplicate to be delivered to the Contractor. Such determina- tion as to work done or materials supplied on or after the first day of the calendar month next preceding the date of making such certificate, shall if filed with the Board within five days after its said date, be binding and conclusive upon the City unless the Board shall appeal within ten (10) days after such determination is filed with it, and shall be binding upon the Contractor unless the Contractor shall appeal within ten (10) days after such delivery to him. The appeal shall be taken by a written notice addressed, if the Board be the ap- pellant, to the Contractor, or, if the Contractor be the appel- lant, then to the secretary of the Board. The notice of appeal shall state the determination appealed from, the grounds of appeal, the precise award or redress desired, and shall include the appointment of an arbitrator on the part of the appellant, with a written undertaking on the part of the arbitrator to act. Within ten (10) days after the receipt of a notice of appeal the party receiving the same shall name an arbitrator, and give written notice of such nomination to the party ap- pealing, the notice to be accompanied by a written acceptance by the arbitrator of the appointment. If the party against whom the appeal is taken shall not so nominate an arbitrator, who shall so accept, then the arbitrator named by the party appealing shall be the sole arbitrator. Either party may, by a general notice to the other, appoint a standing arbitrator for such party. In case of such standing appointment such arbitrator shall be deemed to be appointed upon each appeal, without specification of his appointment upon the appeal. Any vacancy in the office of an arbitrator shall be filed by the party which shall have appointed the last incumbent thereof, within five (5) days after notice of the vacancy during which five days the running of other periods of time prescribed for or in course of the arbitration shall be suspended. If not so filled, or if notice of the appoint- ment be not given within such five days, the remaining 441 Modification- of Arbitration Provisions arbitrator shall be the only arbitrator. Within five (5) days after the appointment of its arbitrator by the party against whom the appeal is taken, or, if there be a stand- ing arbitrator for such party, then after ten (10) days, but within fifteen (15) days after notice of the appeal is given, the arbitrators, or if the party against whom the appeal is taken shall be in default in appointing an arbi- trator, then within five (5) days after such default the arbitrator named by the party appealing, shall proceed summarily, and upon two (2) days notice to both parties, to hear such evidence or statements, oral or written, as may be produced. Such hearing shall be finished within five (5) days after such hearing shall begin ; and within three (3) days after finishing such hearing, the determina- tion of such arbitrators or arbitrator shall be made. But if within such three days the arbitrators (in the case of two arbitrators) shall fail to agree upon and make an award, then they shall forthwith so certify to the Board and the Contractor, and the controversy shall be de- termined by an umpire to be nominated by the Executive Committee for the time being of the Chamber of Com- merce of the State of New York, or if within three (3) days after being notified by either of the parties hereto of such failure the said Committee shall not make a nom- ination, then by an umpire to be named by the Executive Committee for the time being of the Association of the Bar of the City of New York. The umpire shall hear the parties, their counsel, the statements of the arbitra- tors and the statements and evidence received by them, or such of them and so much thereof as may appear or be submitted to the umpire upon two (2) days notice to the parties. Such notice shall be given within three (3) days after the nomination of the umpire. The hearing by the umpire shall be concluded within three (3) days. His award shall be made within three (3) days after the hearing before him is concluded. Every determination by the umpire, arbitrator or arbitrators, shall be in writing in duplicate, one to be delivered to the secretary of the Board and the other to the Contractor. The Executive Committee of the said Chamber of Commerce and the Executive Committee of the said Association of the Bar 442 Modification of Arbitration Provisions may, upon the joint request of both parties, and from time to time nominate a standing umpire, or a standing board of three experts, to act as such umpire. Such standing umpire or standing board of experts shall, upon every arbitration where an umpire is required, be such umpire, and a decision or determination by a majority of such board of experts shall be the decision of such board. The days for notices and other proceeding shall be ex- clusive of Saturdays, Sundays and holidays. All fees and expenses of arbitrators and umpires shall be borne and paid equally by the City and the Contractor, by both of whom every such arbitrator and umpire shall be deemed to be employed. Every such arbitrator and umpire shall, before proceeding to hear the testimony or to consider the matter, be sworn as nearly as may be in the same manner as referees in actions at law are required to be sworn." and WHEREAS, the Chief Engineer of the Commission has pur- suant to the contract made his determination on certain claims presented, which claims aggregate a large amount and involve many difficult and perplexing questions, an