The City of New York, by the Public Service Commission for the First District WITH Interborough Rapid Transit Company CONTRACT No. 3 CONTRACT FOR ADDITIONAL RAPID TRANSIT RAILROADS Dated March 19th, 1913 APPROVED AS TO FORM THIS 19TH DAY OF MARCH, 1913 JOHN L. O'BRIEN ACTING CORPORATION COUNSEL [NOTE. Marginal notes and running head lines do not form part of contract]. Agreement, entered into this 19th day of March, in the year one thou THE COMMISSION,") No. 1" sand nine hundred and thirteen between THE CITY OF NEW YORK (herein- Parties after referred to as 66 THE CITY,") acting by the PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT (hereinafter referred to as party of the first part and INTERBOROUGH RAPID TRANSIT COMPANY (hereinafter referred to as "THE LESSEE") party of the second part. WHEREAS, on or about the 21st day of February, 1900, the Board of "Contract Rapid Transit Railroad Commissioners for The City of New York in the name and on behalf of the City entered into a contract with John B. McDonald for the construction at the expense of the City and for the equipment, maintenance and operation of the Manhattan-Bronx Rapid Transit Railroad, which contract as modified and supplemented from time to time is hereinafter referred to as "Contract No. 1"; and WHEREAS, on or about the 21st day of July, 1902, the said Board of "Contract Rapid Transit Railroad Commissioners in the name and on behalf of the City entered into a contract with Rapid Transit Subway Construction Company for the construction at the expense of the City and for the equipment, maintenance and operation of the Brooklyn-Manhattan Rapid Transit Railroad, which contract as modified and supplemented from time to time is hereinafter referred to as "Contract No. 2"; and No. 2 " WHEREAS, on or about the 10th day of July, 1902, and the 10th day of Assignment of operation August, 1905, John B. McDonald and Rapid Transit Subway Construction provisions Company respectively assigned, with the written consent of the said Board of Rapid Transit Railroad Commissioners, to the Lessee so much of Contract No. 1 and of Contract No. 2 as applied to the equipment, maintenance and operation of the said railroads; and WHEREAS, on or about the 11th day of July, 1911, Georgie Annie Mc- Assignment to Rapid Donald as Executrix under the last will and testament of John B. Mc- Transit Donald, deceased, assigned, with the written consent of the Commission, Subway to Rapid Transit Subway Construction Company so much of Contract No. 1 as applied to the construction thereof; and Construction Com pany of WHEREAS, on or about the 30th day of January, 1913, Rapid Transit Assignment Subway Construction Company assigned, with the written consent of the construction Commission, to the Lessee so much of Contract No. 1 and Contract No. 2 provisions as applied to the construction thereof; and Purposes for which Lessee is etc. contracts WHEREAS, the Lessee is a railroad corporation duly organized and existing under the laws of the State of New York for the purpose of maintaining and operating railroads, including the equipment thereof, constructed organized, pursuant to the provisions of the Rapid Transit Act and has entered into contracts for the equipment, maintenance and operation of railroads Prior heretofore constructed in whole or in part at the expense of the City as in said chapter provided and is actually engaged in the maintenance and operation of the same within the limits of the City of New York; and WHEREAS, the Commission has determined that the public interests Public require the entering into a contract with the Lessee for the equipment, require maintenance and operation of additional or proposed rapid transit railroads in conjunction with the said railroads heretofore constructed at the expense of the City under Contract No. 1 and Contract No. 2, for a single interests entering into this contract Action of General outline of contract Right to terminate contract Modifications of Contracts Nos. 1 and 2 Definitions "City" fare and further require the modification of Contract No. 1 and Contract No. 2, all as in this contract provided; and WHEREAS, the Board of Estimate has consented to and approved this contract. Now, therefore, in consideration of the premises and of the mutual stipulations and covenants hereinafter contained, and under the authority of the Rapid Transit Act, the parties hereby do, the City for itself and its successors and the Lessee for itself, its successors and assigns Agree each with the other as follows: PART FIRST GENERAL PROVISIONS CHAPTER I OUTLINE OF CONTRACT AND DEFINITIONS ARTICLE I. The Lessee agrees with the City to contribute toward the cost of construction of the Railroad, to equip the Railroad as the several parts thereof are respectively constructed and ready for equipment and operation and thereafter to use, maintain and operate the same in conjunction with the railroads heretofore constructed at the expense of the City under Contract No. 1 and Contract No. 2 for a single fare, in accordance with this contract. The City on its part agrees as hereinafter provided that if the Lessee will contribute toward the cost of construction it will construct the Railroad and hereby leases the Railroad to the Lessee for the term of years hereinafter specified, but reserves the right upon the terms and conditions hereinafter provided to terminate this contract so far as it relates to the equipment, maintenance and operation of the Railroad at any time after the expiration of ten (10) years from the date when operation of any part of the Railroad shall actually begin; or separately as to any portion as specified in Article LXXVIII (and any Extensions added thereto) at any time after the expiration of ten (10) years from the date when operation of any part of such specified portion shall actually begin; and separately as to any of the Extensions at any time after the expiration of ten (10) years from the date when operation of any part of such Extension shall actually begin. The City and the Lessee further agree upon the modification of Contract No. 1 and Contract No. 2 in the respects herein set forth, but nothing in this contract shall be construed as a modification or waiver of any of the rights or obligations of the respective parties under Contract No. 1 and Contract No. 2, except in the respect and to the extent herein specifically set forth. ARTICLE II. The following words and expressions used in this contract shall, except where by the context it is clear that another meaning is intended, be construed as follows: 1 The word "CITY" to mean The City of New York, and any other corporation or division of government to which the ownership, rights, powers and privileges of The City of New York under the Rapid Transit Act shall hereafter come, belong or appertain. sion 2 The word "COMMISSION to mean the Public Service Commission "Commisfor the First District, in so far as it acts herein as the agent of the City, and any other board, body, official or officials, to which or to whom the powers belonging to the Commission under the Rapid Transit Act shall, by virtue of any act or acts, hereafter pass or be held to appertain. 3 The word "LESSEE" to mean Interborough Rapid Transit Company, party of the second part to this contract, and its successors and assigns. 4 The words "BOARD OF ESTIMATE" to mean the Board of Estimate and Apportionment of the City and any other board, body, official or officials to which or to whom its powers under the Rapid Transit Act shall come to appertain. 5 The word "COMPTROLLER" to mean the Comptroller of the City, and the officer or board to whom or to which his powers under the Rapid Transit Act shall come to appertain. 6 The word "ENGINEER" to mean the Chief Engineer of the Commission and any successor or successors duly appointed or, in the event of his absence or disability, any deputy or substitute for him or them who shall be appointed Acting Chief Engineer by the Commission or by its authority. 7 The words "RAPID TRANSIT ACT" to mean chapter 4 of the laws of 1891 as heretofore amended or supplemented. "Lessee" Board of Estimate Comptroller 44 "Engineer " Rapid Transit Act" 8 The words "CONTRACT No. 1" to mean the contract dated February "Contract 21st, 1900, between the City, acting by the Board of Rapid Transit Rail- No. 1" road Commissioners, and John B. McDonald for the construction, equipment, maintenance and operation of the Manhattan-Bronx Rapid Transit Railroad as such contract has from time to time been modified and supplemented by the following agreements, among others to wit: |