City of New York a perpetual easement for the
continuance of the same in the location upon which it shall be
constructed.
The agreement further provides that the Companies shall not injure the
sewers or other substructures now existing or hereafter constructed
under the streets and avenues, and, in case of injury, that they shall
repair them or pay the cost thereof; that the viaducts shall be
completed within the shortest time consistent with their safe and proper
construction, and that during their construction temporary streets shall
be provided for the accommodation of traffic.
The Companies are required to bear all the expense of changes of grade
in the streets and avenues, except those made necessary by the
construction of the viaduct or bridge to be paid for in part by the
City; to indemnify the City against all liability for any and all
damages which may accrue on account of any street which may be closed or
the grades of which may be changed in pursuance of the agreement; to
assume all liabilities by reason of the construction or operation of the
railroads, or the construction of the viaducts, and to save the city
harmless from any liability whatever, to either persons or property, by
reason of the construction or operation of the railroads or the
construction of the viaducts.
The Companies are also required to indemnify the City against and pay
the cost of all alterations which may be required to the sewerage or
drainage system or to any sub-surface structures and pipes laid in the
streets or avenues on account of the construction and operation of the
terminal, passenger yard, or freight yard of the Companies, or on
account of the changes in grades or street system.
The Companies are authorized, if they deem it necessary to the
construction or to the efficient operation of the terminal passenger
yard or freight yard, to depress, at their expense, any pipes or other
sub-surface structures now under the surface of any of the portions of
the streets or avenues discontinued or closed, or to elevate and carry
the same upon any of the viaducts or bridges, the plans of such
depression or elevation to be approved by the Board of Estimate and
Apportionment.
All works within, upon, or over the public streets and avenues are
subject to the supervision and inspection of the proper municipal
officer or officers, under such regulations as he or they may determine
and be authorized by law to impose; and the plans f
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