The agreement required the Companies to construct at their expense, four viaducts or bridges over their tracks and terminal development, three with roadways 42 ft. wide, one with a roadway 60 ft. wide, and each to have two sidewalks 10 ft. wide, the work to include the paving of the roadways and sidewalks.
The Companies are further required to pay one-half the cost of the construction of the foundations, abutments, piers, superstructures, and approach of an additional viaduct or bridge over the Sunnyside Yard, to have a roadway not more than 60 ft. wide and two sidewalks each 10 ft. wide, and to grant the City of New York a perpetual easement for the continuance of the same in the location upon which it shall be constructed.
The agreement further provides that the Companies shall not injure the sewers or other substructures now existing or hereafter constructed under the streets and avenues, and, in case of injury, that they shall repair them or pay the cost thereof; that the viaducts shall be completed within the shortest time consistent with their safe and proper construction, and that during their construction temporary streets shall be provided for the accommodation of traffic.
The Companies are required to bear all the expense of changes of grade in the streets and avenues, except those made necessary by the construction of the viaduct or bridge to be paid for in part by the City; to indemnify the City against all liability for any and all damages which may accrue on account of any street which may be closed or the grades of which may be changed in pursuance of the agreement; to assume all liabilities by reason of the construction or operation of the railroads, or the construction of the viaducts, and to save the city harmless from any liability whatever, to either persons or property, by reason of the construction or operation of the railroads or the construction of the viaducts.
The Companies are also required to indemnify the City against and pay the cost of all alterations which may be required to the sewerage or drainage system or to any sub-surface structures and pipes laid in the streets or avenues on account of the construction and operation of the terminal, passenger yard, or freight yard of the Companies, or on account of the changes in grades or street system.
The Companies are authorized, if they deem it necessary to the construction or to the efficient operation of the terminal passenger yard or freight yard, to depress, at their expense, any pipes or other sub-surface structures now under the surface of any of the portions of the streets or avenues discontinued or closed, or to elevate and carry the same upon any of the viaducts or bridges, the plans of such depression or elevation to be approved by the Board of Estimate and Apportionment.
All works within, upon, or over the public streets and avenues are subject to the supervision and inspection of the proper municipal officer or officers, under such regulations as he or they may determine and be authorized by law to impose; and the plans for the construction of viaducts or bridges are to be approved by the Board of Estimate and Apportionment.
The Companies are required to cede to the City of New York perpetual easements for the right to continue and maintain the viaducts or bridges over the streets and avenues, sufficient for their control by the City for the purpose of police regulation and other control contemplated by the City ordinances for the case of streets or highways; reserving, however, the right to construct and maintain, at their own expense, such connections between the viaducts or bridges and their property as shall not interfere with the use of the viaducts or bridges for street purposes.
The Companies are also required to cede to the City, grade and curb, portions of five existing or proposed streets or avenues, and to pave portions of two other avenues.
Mr. A. J. Cassatt, President of the Pennsylvania Railroad Company, was President of the Companies constituting the New York Tunnel Extension until his death on December 28th, 1906, and Mr. James McCrea, President of the Pennsylvania Railroad Company, was elected his successor, and is now President of the Pennsylvania Tunnel and Terminal Railroad Company.