III When to begin construction In case of failure to begin or complete Commission may extend time Delay from strikes,etc. Injunction proceedings Commis sion may intervene The Interborough Company shall begin the construction of each of the Railroads within six (6) months after it shall have obtained the consents therefor, as aforesaid, and within two (2) years after such construction shall be begun, shall complete the construction of the same and begin the operation thereof. (6) In case the Interborough Company, within the said period of six months after it shall have obtained the consents necessary as aforesaid, shall not have begun the actual construction of each of the Railroads, or if, after having begun, it shall suspend the same prior to the completion thereof for a period exceeding three (3) months, or if it shall not complete such construction and begin the operation of each of the Railroads within the said period of two (2) years, then and in either of such cases the authorizations or licenses hereby granted, or any part thereof, may be forfeited. The Commission, nevertheless, shall have the power, upon reasonable cause shown, to extend by resolution any of the periods in this article prescribed. Additional time shall be allowed by way of extension of any period of such commencement of construction, or for the completion thereof, or for the commencement of operation of any of the Railroads equal to the total period of delay caused by strikes, injunction or by necessary proceedings for condemnation of real estate, easements or other property, or by other causes beyond the control of the Interborough Company so far as such strikes, proceedings or such other causes shall necessarily prevent the Interborough Company from prosecuting such construction, but no delay shall be so allowed for unless, during the delay, such proceedings shall be diligently prosecuted by or for the Interborough Company; and provided, further, that in no case shall such delay be deemed to begin until the Interborough Company shall have given written notice to the Commission of the injunction or other occasion of delay and delivered to the Commission copies of the injunction or other orders and of the papers upon which the same shall have been granted, and unless, upon the request of the Commission, the Interborough Company shall in writing consent that the Commission, either in its own name as a party or in the name of the City as a party, may intervene in any such injunction proceedings, or other suit or proceeding; and provided, further, that in case of forfeiture of any part of the authorizations or licenses the Interborough Company shall have no right to any return of payments which it shall have made to the City by way of rental or otherwise. Plans and profiles IV The plans and profiles of the Railroads, herewith attached, bearing the general title "State of New York, Public Service Commission for the First District, Engineering Department," signed by the Chief Engineer to the Commission, dated December 28, 1912, and numbered and designated respectively: File No. 3, Drawing No. 100, Map and Profile of Webster Avenue Line. File No. 3, Drawing No. 99, Map and Profile of Eighth Avenue and 162nd Street Connection. File No. 3, Drawing No. 98, Map and Profile of Queensboro Bridge Line. File No. 3, Drawing No. 121, Map and Profile of West Farms Subway Connection. are to be deemed a part of this certificate and to be construed with the text hereof. The same shall be substantially followed, but deviations therefrom not inconsistent with the other provisions hereof may be permitted by the Commission. General de sign of construction The Railroads, with necessary sidings, turnouts and switches, excepting the portion of the Eighth Avenue and 162nd Street Connection west of Jerome Avenue shall follow the general design of the elevated railroads known as the Van Cortlandt Park Extension heretofore constructed under the contract dated February 21, 1900, for the construction, equipment and operation of the Manhattan-Bronx Rapid Transit Railroad, except that the Interborough Company shall construct the following portions of the Webster Avenue Line and the Eighth Avenue and 162nd Street Connection upon Ornamental approved plans involving a more elaborate and ornamental structure with structure on portions solid floor or such other construction as will in the opinion of the Commission most effectually prevent noise and tremor, to wit: (a) The portion of the Eighth Avenue and 162nd Street Connection, including the portal from the point where it emerges from the ground near 162nd Street, over private property and 162nd Street to a point about midway between Cromwell Avenue and River Avenue. (b) The station on the Webster Avenue Line, near the intersection of Gun Hill Road and White Plains Road together with about 200 feet of the approaches thereto. (c) The portion of the Webster Avenue Line crossing Mosholu Parkway, together with about 200 feet of the approaches thereto. (d) The portion of the Webster Avenue Line over Fordham Square, together with about 200 feet of the approaches thereto. And except further that the Queensboro Bridge Line shall be so constructed as to harmonize in all respects with the Queensboro Bridge structure and approaches. In the subway portion of the Eighth Avenue and 162nd Street Connection the construction shall be of iron or steel or masonry or a combination of iron and steel or masonry. The tunnel shall have a clear height above the base of rail of not less than 13 feet 2 inches. The width of tunnel shall not exceed 15 feet for each track, in addition to the thickness of supporting walls, except that at stations, curves and crossovers the width may be increased; and the width of the open cut and embankment portion shall not exceed 15 feet for each track, in addition to the thickness of the necessary retaining walls, except that at stations, curves and crossovers the width may be increased. of Eighth 162d Street Connection Avenue and of Webster Avenue Line Design of Design of subway portion of Eighth Avenue and 162nd Street Connection The sidings constructed shall be such as the Commission shall approve Sidings as necessary for the convenient operation of the Railroads and shall not exceed in length, for any line of the Railroads, one quarter of a mile of single track for each mile of railway structure of such line. Grade crossings Location of columns Girders Clearance Structural details, where elevated In subway Plans and drawings to be submitted to Commission Company may open streets Permits Right of inspection No crossing is to be made at grade between tracks of diverging lines without the approval of the Commission. The columns supporting the superstructure of the elevated portions of the Railroads except as hereinafter otherwise provided, may be placed within the roadway, but not less than thirteen (13) feet from the curb lines upon either side; the interior transverse distance between the columns shall not be less than twenty-three (23) feet. The distance from the face of elevated column to the center of adjacent street railway track shall be not less than seven (7) feet unless permitted by the Commission. The center line of the said elevated structure shall coincide as nearly as may be with the center line of the street. Where, however, the width of the street is not sufficient to provide for a roadway upon each side of the columns or wherever by reason of special or local conditions, it may not in the judgment of the Commission be desirable to locate the columns as herein first provided, the columns may be located either in the roadway or within the curb lines, as may be expressly approved by the Commission. The tracks of the elevated portions of the Railroads may rest upon longitudinal and transverse girders supported by the said columns, but no portion of the said girders, except with the approval of the Commission, shall approach within 14 feet of the surface of the roadway. The structural details employed in constructing the elevated portions of the Railroads shall be substantially similar to the structural details employed in the construction of the said Van Cortlandt Park Extension, except as aforesaid. The structural details employed in constructing the subway portion of the Railroads shall be substantially similar to the structural details employed in the construction of the subway portions of the ManhattanBronx Rapid Transit Railroad constructed under the said contract of February 21, 1900. All plans and drawings for the construction of the Railroads other than mere shop drawings shall be submitted to and approved by the Commission in advance of construction, and the method of carrying on the work shall be subject to the approval of the Commission. Shop drawings shall so far as practicable be filed with the Commission. The right reserved to the Commission to approve the plans and drawings in advance of construction shall include the right to approve or disapprove the precise location of all tracks, columns, platforms, stations, stairways, escalators or other means of access to the Railroads and all other structures appurtenant thereto encroaching upon the surface of the streets. The Interborough Company shall be authorized to open and occupy so much of the surface of the street or streets affected by this grant and to erect thereon such temporary supports as may be necessary for the purpose of building the said railroad structures; but the Commission may, whenever it deems it advisable, prescribe the manner in which the said work shall be performed. All necessary permits for opening of streets, and other ecessary departmental permits, shall be obtained from the President of the Borough, or other officer as provided by law. The City, the Commission and all duly authorized representatives of the City and the Commission, shall have the right at all reasonable times to inspect the Railroads herein authorized, and any part thereof, as well during construction as afterwards, and to enter thereon when necessary, for the examination, supervision or care of any property of the City, or of abutting property owners, or for any proper purpose. Such inspection shall include the inspection and approval of all materials, and the erection thereof, used in the construction of the Railroads. Nothing in this certifi- Sanitary and police cate shall be deemed to diminish or affect the sanitary or police jurisdic- jurisdiction tion which the public authorities shall lawfully have over property in the City. V The Interborough Company shall procure all necessary easements and Real estate rights, titles and interests in real estate for the construction of the Railroads. The Interborough Company shall make good to the City all physical but Damages not consequential damage which shall be done to the property of the City by the construction or operation of the Railroads, and shall make good to every owner of property abutting upon the Railroads, or which shall be injured by the work of constructing or operating the same, all physical damage which shall be done to such abutting or injured property, through any act or omission of the Interborough Company, its successors, assigns, or lessees, or any contractor, sub-contractor or other person employed upon the construction or operation of the Railroads, or any part thereof. The Interborough Company shall in the course of construction at its own Care of expense maintain the care of all street surfaces and surface and subsurface structures which may be interfered with, and any necessary inter- structures ference therewith shall be subject to reasonable regulation by the department of the government of the City in control or charge thereof. surface and subsurface VI fare The Interborough Company shall be entitled to charge for a single fare Rate of for each passenger for one continuous trip in the same general direction over the Railroads (including the parts of the municipal railroad over which the Interborough Company is provided with trackage rights as in this certificate provided) and the additional tracks (which shall mean the additional tracks authorized by the Commission by certificate to the Manhattan Railway Company bearing even date herewith) and the Manhattan Railroad the sum of five (5) cents but not more. A trip from any point on the Queensboro Bridge Line (including the part of the municipal railroad over which trackage rights are provided) to any point on the Manhattan Railroad or on the Railroads, or a trip from any point on the Manhattan Railroad or on the Railroads to any point on the Queensboro Bridge Line (including the part of the municipal railroad over which trackage rights are provided) shall be deemed a continuous trip in the same general direction. VII The Railroads shall be carefully and skillfully operated, according to Skillful operation the highest standards of railroad operation, and with the highest regard Maintenance Power May transport persons and property Operation Queensboro No advertising on railroads nor trade Sale of newspapers If Rapid Transit Act be amended to the safety of the passengers and employees and of all other persons. The Interborough Company shall during the term of the grants keep the plant and property (as the words "plant and property" are hereinafter defined) of the Railroads and each and every part thereof in thorough repair, and shall restore and replace every necessary part thereof which may wear out or cease to be useful, so that at all times and at the termination of the grants such plant and property of the Railroads shall be in thoroughly good and solid condition. The power to be used shall be electricity or compressed air so used as to involve no combustion or impurity of air in cars or any other power of like description approved by the Commission. The Interborough Company may transport over the Railroads passengers and property, provided, however that the use of the Railroads for the transportation of property shall not to any extent or in any way interfere with the use of the Railroads to their fullest capacity for the carriage of passengers who shall desire to be carried upon them. If the Queensboro Bridge will not permit of the operation to their full capacity of the Queensboro Bridge Line and other railroads that may be authorized to operate across it, the Interborough Company shall operate its trains over the bridge at such headway as the Commission shall direct. No part of the Railroads, or stations or other appurtenances thereof shall be used for advertising purposes, except that the Interborough Company may use the structure for posting necessary information for the public relative to the running of trains and to the operation of the Railroads; nor shall any trade, traffic or occupation, other than required for the operation. of the Railroads, be permitted thereon or in the stations thereof, except such sale of newspapers and periodicals as may, from time to time, always with the right of revocation, be permitted by the Commission. In case the present provisions of the Rapid Transit Act in respect of advertising or the carrying on of any trade, traffic or occupation are amended, the Commission, under rules and regulations to be prescribed by it, may permit the Interborough Company to carry on such advertising or such trade, traffic or occupation in accordance with the Rapid Transit Act as it may be amended from time to time. VIII The City reserves the right to use or to permit lessees or operators of any rapid transit railroad or railroads now or hereafter constructed operating between a point or points in the Borough of Queens and a point or points in the Borough of Manhattan to use the plant and structure (as the words "plant and structure" are hereinafter defined) of any portion of the Queensboro Bridge and approaches upon such reasonable terms and conditions as may be agreed upon between the Interborough Company and the City or such lessee or operator. In the event that they fail to agree upon reasonable terms and conditions the same shall be settled by arbitration or by the Court in the manner prescribed in Article XVI; provided, however, that the annual compensation to be paid by the City, or the lessee or the operator of such railroad shall not be less than such portion of the amount necessary to pay interest, sinking fund, and other like funds, upon the actual cost of the plant and structure, as hereinafter defined of |