The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-05-17

ROAD Company. hereinafter called the
Ia, s", ,SsSS'mpsnl party N the second
WHEREAS. the City desires 20 dis
continue as soon as may be reason
ABLY practicable the grade crossings IN
the said city al the intersections OF
lih several streets In the district from
sixteenth street and at Livernois avenue,
inclusive. with the right of-Way Cwn-
81. used or occupied by the said ltail-
roao company; and 10 substitute there
Tor overhead crossings by said RAIL
road Company: and tue parties hereto,
by their duly authorized representa-
tlNeB, have agreed upon UNIFORM pro-
file liking the level 10 which the tracks
OF said Railroad Company shat De
elevated In SAID district between slN-
tecnth street and Livsrnois avenue, In :
elusive, 10 provide Tor the separation OF
grades OF the several streets at pres
ent opened and used, or which may ne
hereafter opened and used across salo
rtght-Of-May. and have ;lsV reached an
agreement determining the method, the
terms and the conditions or ana gen.
eral specifications for affecting said
changes In said crossings, ana IN tur-
therance OF such general arranyeinent
for the separation OF grades IN salu
district have now agreed upon the par
ticular plans and Specifications for the
separation OF grades in accofdhhce
with the said profile and said method
terms and conditions
NOW THEREFORE,, In consideration
OF the premises and the mutual under-
takings OF the parties hereinbefore eN-
pressed. IL is agreed
1 That the City shall. by proper
ordnance adopt the lines shown on the
prohle identified by the signature or
the city Engineer and the signature
Of the chief Engineer OF the RallFoau
Company. and fled In the office OF SAID
city Engineer. and made a part hereof.
marked "a as the profile permanent
~ liking the levels for said district IN
said city between Sixteenth street ana
I n A.. i. IssaN N al
which the said tracks of the Railroad
Company shall be hereafter elevated, 10
provide for the separation OF Sraues
OF the streets at present owneu nha
used or which may be hereafter opened
and used across the right-of- way or
the said Railroad Company wlthih the
limits OF said district. ana ths Nity
/ hereby covenants and agrees that the
| said Railroad Company shall not pe
| required to raise their tracks ~ me
| Intersection OF any street WITHIN the
1 limits OF said district higher than the
/ level fixed by said prohle, ana thas tne
separation OF grades az all street cross
ines within said district shall DC 81 :
| fccted hereafter by lowering the
grades OF the streets sufficiently - al
low the streets TO pass under 'he run
| road tracks when so elevated
| IL That the city shall from tlIhe 70
l time. by proper ordinance, whoh"Ner
Irrquired for the purpose OF separa
4 the grades. change ana wv 80
grades OF the several streets now oPrn
! ed and used across the said rlSht- 9i
way M the crossing within he limits
OF the district aforesaid. SO as 10 per
init the separation ot grades IN 49, $50
ance with the prohle aforesaid ahe ~
shall thereby authorize the cons truC,
tion OF the said railroad oNSthtaS
across such new bridge. ana shall aI't
hereby does assume the payment OF All
/ admitting damages IL any there be. 10
! property or persons other thah 'he
party OF the second part arising va
any way from said change In the staue
/ of any OF such streets ana All coS' ~
I uanse charges or liability In any pro-
/ ceedtngs which may be instituted 10
j effect such separation OF sraueS
I which may be instituted 10 preVeht INC
I performance OF this agreement ~ pc
ing understood that the performance
/ on its part OF this contract sh9ll re-
lease and discharge said tallroan = o,n
pary from any and al hssessil ~ ~,
! charges. damages or liahilllles' anu pe
accepted as full discharge ana sc-
quittal OF all obligations. present or
! future. of abutting owners, or hIIsWg
from the failure OF the Clty I" nuy u US.
or pay such damages. costs or expenses
in connection with such grade Separa-
ton and changes OF grade am the
! city hereby assumes 10 Nstll uId
agrees to pay and assume ana M
demnify and save harmless the SAID
party OF the second part from anu
against all such assessments uamhecs'
! costs or expenses, except Tor CohstI uc .
i tiOn hereinafter ntlliplFhs aai'NN
charge, recourse, TO or re-chatse over
against such second party, ana the
lparty Of the second part nerepy WAVES
any and all claims for damages py rta
son OF the change OF grade or any OF
saif streets 10 any abutting properly
| owned or controlled by IT, Ihe shld
Railroad Company agrees 10 save,
keep harmless ana Indemnify ~,
Ileaseholders now occupying any part
Of said Railroad Company's right-of
way caused by the change OF Sfhle
herein provided for OF any said street 3,
and will insofar as IL shall be able
by the exercise OF rights reserved oN
IN under the terms OF existing l|asSs,
prevent or reduce any claim lot sucu
| damage 20 leaseholders now occupy
Inc nroperty belonging TO said Rail-
! road Company outside the limit or us
right of-way. and In future leases
MADE by II Will provide that any cialHi
for such damage shall be waived ana
will Insofar as Il shall he able by
the exercise Of rights reserved 10y ~
under the terms OF existing SdetiHck
contracts, prevent or reduce any VGil'h
for damage to persons now having
| sidetracks upon their premises ieaollS
from said Railroad Companys tracks,
arising from the disconiinuanee or
alteration Of any such sldetrack cau aus,
! cd for OF any OF said streets, ana IN
! future sidetrack contracts made D. II
| will provide that any claim TOT such
! damage shall be waived
! III In consideration thereof. the
Railroad Company shall construct ana
| build the entire work involved IN sara
| change OF grade and all eNcaSatins,
| having and repaving. cost OF inspec-
| ton and all retaining walls, abut-
| nents. sidewalks and guard rails ana
| support OF adjacent buildings made
: necessary by the construction OF saN
| overhead crossing. including any work
| OF relaying pavements and Sidewalks
| in ctdent TO the said change Of grade.
| and the party OF the second part
J further agrees that all sewers. water
| or drain pipes or conduits Mhich are
| the property OF the CITY anC which
will be injured or disabled by the pro-
| posed changes In grade. shall be low
| cred or diverted and restored To use
| fulness TO the satisfaction OF the CITY
| Engineer.
| The work 10 be done by said party
| OF the second part shall include all eN-
| cayations necessary or made neces-
| sary by said changes or grade, as
| well on the intersectirg streets as on
! the streets crossed; the pavement OF
! ali roadways after the excavation. the
| construction OF all sidewalks and or
ali wings. retaining walls and abut-
mentS.