The Detroit times., 1911-12-27


road Companies and To substitute
therefore overhead crossings by said
Railroad Companies; and the parties
hereto, by their duly authorized repre-
sentatives. have agreed upon uniform
profiles fixing the level 20 which the
tracks OF said Railroad Companies
shall be elevated Ia said district be-
tween John II. and Russell streets, TO
provide for the separation OF grades
OF the several streets at present open
ed and used or which may be hereaf-
ter opened and used across said rights
of-way; and have also reached an
agreement determining the method. the
terms and the conditions OF and gem
ernl specifications for affecting the
said changes I'm said crossings
Now, Therefore, In consideration OF
the premises and the mutual UNDER
takings OF the parties hereinafter eX-
L. That the city shall. by proper
ordinance. adopt the lines shown on
the profiles Identified by the signature
ture Of the Chief Engineer OF the
Michigan Central Railroad Company,
and hled In the Office Of said city I'm;
gineer and made "A part hereof, marked
he levels OF said district In said city
between John X. street and Russell
street. both inclusive. TO which the
said tracks ofsthe railroad companies
shall be hereafter elevated to provide
for the separation OF grades OF the
streets at present opened and used, or
which may be hereafter opened and
used across the rights-of-way OF the
said railroad companies within the lin
Its or said district. and the city hereby
covenants and agrees that the said rail
road companies shall not be required
10 raise their tracks at the Intersection
OF any street within the limits OF said
district higher than the level nxed by
said prohles, respectively; and that the
separation or grades at all street cross
ings within said district shall be effect
ed hereafter by lowering the grades OF
the street sufficiently 20 allow the
streets TO pass under the railroad
tracks when so elevated
2. That the city shall from time to
time. by proper ordinance, whenever
required for the purpose Of separating
grades OF the several streets now
opened and used across the said rights
Of way at the crossings within the
limits OF the district Aforesaid, so as
to permit the separation OF grades In
accordance with the profiles OF afore-
said; and IL shall thereby authorize the
construction OF the said railroads over
head across said streets at such new
grades. and shall and hereby does as
sumo the payment OF all abutting dam
ages III any there be. TO the property Of
persons other than the parties OF the
second part, arising In any way from
said change In the grade OF any such
liability in any proceedings which may
be Instituted TO effect such separation
OF grades. or which may be instituted
agreement; II being understood that
the. performance on their part OF this
contract shaH release and discharge
al assessments, charges, damages or
liabilities. and be accepted as full
discharge and acquittal OF all obliga-
TONS, present or future, to AUDITING
the city 10 adjust or pay such dam
ages, cost or expenses, in connection
s Isn sue OF grade separation d;, and
by assumes TO itself and agrees TO
pay and assume and indemnify and
save harmless the said parties OF the
second part and each OF them, from
and against all assessments damages
costs and expenses, except for construc-
ton as hereinafter mentioned, without
charSe, recourse TO or recharge over
against such second parties or any Of
them; and the parties OF the second
part hereby respectfully waive any and
all claims Tor damages by reason or the
change or grade of any or said streets
10 any abutting property owned or con
troiled by them or any OF them within
said district; and the said railroad com.
panies respectively agree TO save keep
, harmless and indemnify the city from
any claims OF tenants now Occupying
SAID railroad companies rights-of-Way
under leases, for any damages to any
parts OF said rights f-way so occupied
caused by the change OF grade herein
provided Tor OF any OF said streets; and
viii insofar as they shall be able by
the exercise OF rights reserved by them
under the terms OF existing leases, pre-
ants now occupying property belonging
70 said railroad companies outside the
limits OF their ights-of-way, and in
future leases made by them will provide
mat any claim. for such damage shall
be waived.
3. In consideration thereof. the par
Ties or the second part shall construct
and build the entire work involved in
SAID changes OF grades. and all exca-
Vatlng, paving and repaving, and all
ast s walls abutments, sidewalks
jacent buildings made NECESSARY by
the construction OF said overhead
crossings. including any work OF re-
laying paVements and sidewalks Incl
dent to the said change OF grades and
the parties OF the second part further
agree that all sewers. water or drain
pipes or conduits which are the prom
erty OF the City and which will be
injured or disa bled by the proposed
changes In grade shall be lowered or
diverted and restored to usefulness 10
the satisfaction of the City Ensineer
The work TO be done by said parties
OF the second part shall include all eX.
sary by said changes OF grade az we'll
on the intersecttng streets as on m.
streets crossed; the pavement OF ali
roadways after the excavation; the
! construction OF all sidewalks ana ~
all wings, retaining walls and abut.
nents, and the street Railway Com
shaIi Dear me expense OF relay
my al street railway tracks which
may be disturbed
All such work shall be done In ac-
cordance with said profiles and the
general specifications hereto aitachad
ana made a part hereof and with mar
ucuIar plans to be agreed upon. which
pans, reasonable provision heinz
MADE therein for access TO and from
the property OF the Lake shore a.
MIC M,SShissn southern Railway Company
snail be substantially the same az The
plans adopted for the Separation ~
krades at woodward. Michigan. Grand
RIVER and warren avenues. and con
,qornl thereto az nearly as may be prac
ucaDit' ana In case OF failure OF IN,
parties thereto to agree upon tbe NAV
Tor any crossing, the plan to he adnn1
tu snail ne determined by a hon rd ~
arDltratOfs. consisting of the nersopa
VINO wno. at the time, may be the city En-
Michigan Central Railroad comn S",u
ana the Presiding Judge of the Wavna
Clfcult Court; and the plan adopted hv
the said arbitrators or by a ma foriJ
o OF them. shall be adopted by the par
The said second parties and each NJ
.nen shal release all damages. charges
OF claims arising from loss OF tTaf ,or
grades OF
After the completion or the work
oI separation or the grades AT any street
the Clty shall maintain aud repnir or
cause To be maintained and repaired a.,
us expense. the sewer and water ntnas
l h roauWay ana the pavement and the
cept as between the city ana the Street
RAILWAY company. the street railway
tracks ana also the spaces betw eep no
same, which shall be maintained aud kcnt
III repair by the Street Railway Compnpy
wheh so provided by ordinance. and the