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 through the lands as may be hereafter required by the City, together with the right to enter upon the premises from time to time as may be necessary for the purpose of inspecting, repairing, constructing, or rebuilding the sub-surface structures.