The sun., 1912-06-12
rlBLIC NOTICES.

herein granted may he forfeited by a suit
brought by the Corporation Counsel. on
a, tho option Of tho hoard by resolution Of
said Board which said resolution may con-
wa" wa" I'm a US. USE" BY @ Virtue Of hs
contract shall thereupon become the prop
cry Of The city Without p,o...d'nsss e.. at cS lay
until the board shall give notice TO the
day not less than ten io) days after the
date OF such notice. to show cause why such
snoaa no, dSssr,n Ss "dnp.d the
ppany falls to sppcar; se'ion may be taken
by rfs.nli II. Gnr" '0ffn"n 'sa Gompany shall f. to
herein nxed, or fall to maintain its structure.
condition S 'i ,hroushout tho whole term Of this
contract. the board may Givc motto: to the
of the company. and requiring the Company
! to remedy tho same within reasonable
.,ms and ss SpoG S.fan, anT' Within 81 ine
! time. tho company shall for each day there
after during which tho default or defect re :
mains pay to the city the sum Of two hun
dred and Gfty dollars $3.50! as nxed or
| liquidated damages. or the Board IN case
AFFECT the surface Of the streets shall not be
put in good condition within a reasohaple
shall have the rish, TO make all needed re-
| pairs at the expense Of the company. In
which case the Company shall pay to the
! with legal Interest thereon. all of which
sums may he deducted from the fund here
/ matter provided for. .
| sixteenth The Company shall assume all
liability TO persons or property oy reason o,
| the construction or operation OF the railway
| authorized by this contract and II is con,
J dition Of this contract that the CITY shall
assume no liability ~hatsoe,.r to either per
sous or property on account Of the same. ana
| the Company hereby agrees to repay 10 the
CITY any damage which the !ity shall he
compelled to pay hr reason or any acts OF
. default OF the company.
Seventeenth This grant Is upon inc sx
press condition that tho. "ompanv. within
/ contract by the Mayor. and before anything
! Is done in exercise OF IN. rights conferred
/ o' III. "i,y the sum Of ten thousand dol
/ lars ,s'o.ooo'. either IN money or s"cur,,iss,
7 to lie approved by him. which fund shall be
/ security for tho y. rforraurc hy the Com :
/ pary ~ all 81 the terms and conditions OF
| ibis contract and complianc" with all orders
of III" BOARD acting under the r roW"ts ht'".n EN-
Z rss.r>.d, especially those which r"la'" 10 the
ilcge hereby granted, the rendering OF me
lent public service At IN" rates herein hxed'
tn" repairs Of the street pa,emen,. ne odn. re.
/ s'ruction Of the railway and the maintenanre
OF the property In good condition throughout
! OF defsul, IN the Performance. by tho Com
! pany NJ such terms and conditions or com !.
! p1ancc with such orders or either or any OF
| them, the Jity shslI have the right TO cause
! the work to bc don" and the materials I"
b. furnished for the psrfornn,e ,bs rss
sonab,c cost thereof from the said fund
Without legal proceedings or after defsut
! collect he same. with interest. from the said
! fund after ten ,lob days' notice to tn" Com :
sa,d terms and conditions Of this contrac,
| and orders Of tho Board acting th"rcunner.
relating 10 The h,ad~hs ssatn ona smp n";"r
: ing Of street pavement: the COMPANY shs,.
pas penalty Of MY dollars ,'t1, Per nr,hs, dsy
/ sum Of ten dollars $40, per day Tor eacn
car that shal, not he properly heated. lighted
! or supplied with fendcra or ~hce,Euards; IN
cas-" OF a violation Of the provisions rela, :
ing to these matters, all Of which sums may
/ be deducted from sa!d fund
The procedure for the imposition ana COZ,
| lection Of tho penalties In this contract shai'
Tho Board. on complain, made. shall give
notice TO the company. dire ting ITS Prtsi.
dent, or other Officer TO sprelr before ,h ,sS sT
10, days after the date OF such notice. &c
show cause why thr Company should no, %. o
pr"sisions II the Company fails to max,
an appearance. or after hearing nph.nir ,pai,
SAID board shall forthwith impose the pre-
scribed penalty, or where the amount o,
amour, as appears to the hoard 20 he Just
and without legal procedure d,r'St IN,
"n,PI p.naIty from NJ The security fund deposited
| with him. In case OF any drafts made up"I
Ton ,ioi days notice. pay TO the City sun
! sufa'i"p' 10 rcstor" said securiC rama, t'
| Tho original amount nt ten thousand no
lars .ic."Oo,' ana In default thereof ,hi
contract shall hc cancelled and snnuled a.
NJ option % th. Board, acting in h"hslt !"
urder tho provisions Of this contract shall
affect any other less rights comedies o'
Eighte-nih-rhc words notice" or "di
rsc,iop" rhersYer us"d in nj, r'n,pse, n6;,r,
or direction. Every such notice or direction
70 be served upon the Cornpany shall be Ie
have been designated by III" Company. or 4
no such ofhce shall have been designated
reason become inoperativc, shall be mailed
n the CITY postage prepaid addressed tc
ing OF such notice or direction as and when
above provided shall be equivalent to d,rec,
deemed TO have been given a; she time o:
Nine,esn,h~The word. street. or ave
nues' and streets and avenues" wherever
used In ihis contract. shall be deemed tc
Ways bridges, visdnc,., pubic places or any
other properly 70 which the City has TN.
on me 4Se mas " n.
scr!hed. and upon or in which authority Is
hereby given 10 the Company TO construct
TWen'ie,h--It a, any time the power. o,
,he BOARD or any other Of the authorities
herein mentioned or intended to he men
other board, authority, officer or officers
authority. officer or officers shall have all
the GoTsrs, rights md duties herein re. re-
other authorities. orrcer or officers
Section The rights hereby granted are
for oontinuou. line, but II !. eXpressly
agreed that no forfeiture shall he claimed
| By the CITY In the event of the Company he
Ing unable 10 secure the consents of the
street surface railway. In the Borough OF
| Manhattan for operation over their tracks
provided through operation IL had by the
Company over the balance OF the route oI
routes hereby authorized
Section 6. Nothing In this contract shall
De construed Bs In any manner limiting I'll.
: present or future Jurisdiction OF tho Public
S"rric" Commission under the laws OF the
stat" Of New York
Section This grant Is also upon the
further and express condition that the pro
visions OF article and other provisions OF
| the Railroad Law, pertinent hereto. shall be
strictly complied with by tho Company.
Section 8, The Company promises. cove
! nants and agrees on It's part and behalf 70
conform to and abide by and perform all ths
terms. conditions and requirements In thi,
IN witness whereof. the party OF the mrs,
part. by its Mayor. thereunto duly authorized
| by the Board OF Estimate and Apportion
ment Of said City. has caused the corporate
| name OF said city to be hereunto signed AND
| the corporate seal of said City to be here
| unto afnxed: and the party Of the second
part, by ita officers. thereunto duly author.
ICED, has caused its corporate name 20 ~
| hereunto signed and It's corporate seal "a
be hereunto affixed. the day and year nrst
above written.
THE CITY OF NEW YORK.
BY