linear foot. A rental for ground within pier lines and for underground portions of streets in Queens Borough at one-half the rates payable for Manhattan Borough. A rental for underground portions of Thirty-first and Thirty-third Streets, between Seventh and Eighth Avenues, and between Eighth and Ninth Avenues (such portions extending almost up to the surface, except under the south sidewalk of Thirty-first Street and north sidewalk of Thirty-third Street) at $14,000 per annum for the first ten years, and at $28,000 per annum for the next fifteen years.

For the portions of Thirty-second Street, between Seventh and Eighth Avenues, and between Eighth and Ninth Avenues, when the statutory power of the city to make a sale shall be put beyond doubt, the city is to sell and the Railroad Company is required to buy such portions for the sum of $788,600. The rentals for river and track rights begin at the date of operation. For the underground spaces under Thirty-first and Thirty-third Streets, used for station extension, the rentals begin at the commencement of construction, or when the company entered thereon.

Such annual payments may be summarized as follows:

If the route under Thirty-first Street be availed of, these amounts will be increased by $16,652.50 for the first ten years, and by $33,305 for the next fifteen years.

The amounts to be paid are to be readjusted at the end of twenty-five years; and thereafter at intervals of twenty-five years. If the city and the Railroad Company shall not agree upon the readjusted rates, they are to be determined by the Supreme Court of this State.

Fifth.—The railroad to be entirely in tunnel except where it approaches the surface at its eastern terminal near Thomson Avenue, in Queens Borough. The uppermost part of the tunnel is to be at least nineteen feet below the surface of the street; but this limitation does not apply to the portions of Thirty-first and Thirty-third Streets opposite the terminal station between Seventh and Ninth Avenues, where the Company may occupy the underground portions of the street under the roadway to within thirty inches of the surface, and under the sidewalks on Thirty-first and Thirty-third Streets opposite to the station to within five feet of the surface, the company to properly care for sewers, water, gas and other pipes and underground structures lawfully in the street.

Sixth.—The company to make good all damage done to property of the city by its construction work or operations, and to abutting owners all damage done through any fault or negligence of the company, or of any contractor or sub-contractor engaged upon its work of construction or operation. The Tunnel Company to keep Thirty-first and Thirty-third Streets opposite the station well paved with smooth pavement and in thoroughly good condition.

Seventh.—Tunnel excavations to be done without disturbing the surface of the street, except in the portions of Thirty-first and Thirty-third Streets, and Seventh, Eighth and Ninth Avenues in front of the terminal station, and except in Queens Borough, with the power to the Rapid Transit Board, wherever conditions elsewhere make surface excavation necessary for efficient construction, to grant the right for such excavation, subject to conditions to be then prescribed by the Board. The tracks are to be constructed of the most approved plan so as to avoid noise or tremor. All plans for, and the method of doing, the work are made subject to the approval of the Rapid Transit Board.

Eighth.—The motive power to be electricity, or such other power not involving combustion as may be approved by the Board.

Ninth.—The company to have no power to carry on merely local traffic, except with the approval of the Board and for additional consideration to be paid the city. Traffic is defined as local which begins and ends in the city within five miles of the terminal station on Seventh and Ninth Avenues.

Tenth.—The railroad to be diligently and skillfully operated, with due regard to the convenience of the traveling public.

Eleventh.—The city to have a lien upon the franchise and real property of the company to secure the payment of rental.

Twelfth.—The rights of the city to be enforceable by action, for specific performance, or mandamus, or otherwise.

Thirteenth.—The company not to oppose the construction of any rapid transit railroad along or across the same routes which do not actually interfere with the authorized structures of the company.

Fourteenth.—The city to have an ample right of inspection of the railroad, and to enter upon it for examination, supervision, or care of city property, or for other purposes.

Fifteenth.—The company to be bound to maintain and strengthen all parts of its railways under streets or avenues so that the same shall support safely any structures superimposed or which may hereafter be superimposed thereon by the city or under public authority.

Sixteenth.—The company to have the right to convey or mortgage the franchise, but every grantee, whether directly or under a mortgage, to assume the obligations already assumed by the Railroad Company and the Railroad Company not to be relieved of such obligations by the grant.

This franchise was passed by the Board of Aldermen on December 16th and approved by the Mayor on December 23d, 1902.

Subsequently, an agreement, dated June 21st, 1907, was entered into by the City of New York, the Tunnel Company, and the Long Island Railroad Company covering the construction of the Sunnyside Yard, which forms the eastern terminus of the line.

In pursuance of this agreement, the map or plan of the City of New York was changed by discontinuing or closing portions of fifty streets or avenues, and by changing the grades of sixteen streets or avenues, in the Borough of Queens, and the portions of streets and avenues thus discontinued and closed, most of which were not opened for public use, were sold to the Railroad Companies. The agreement, however, reserved to the City permanent and perpetual underground rights and easements to maintain in a reasonable manner, not inconsistent with the construction and operation of the railroad facilities of the Companies, its existing sewers, drains, and other sub-surface structures in, under, and through the lands within the lines of the discontinued portions of each of such streets and avenues, including the right to repair, rebuild, and enlarge the same, and to construct in a reasonable manner, not inconsistent with the construction and operation of the railroad facilities of the Companies, such additional sewers or drains in, under, or