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PRIVATE ROAD CROSSING - - SEABOARD COAST LINE RAILROAD COMPANY Operating Department Tampa, Florida 33601 B.B.VAUGHAN SUPERINTENDENT January 23, 1975 - File: 13-10,148 Mr. R. G. Whitehead City Clerk City of Clearwater Post Office Box 4748 Clearwater, Florida 33518 Dear Mr. Whitehead: I attach for your records the duplicate-original of agreement dated October 15, 1914, with the City of Clearwater covering construction and maintenance of a private grade crossing 1,800 feet southwest of Mile Post SY-874, Clearwater, Florida. The agreement provides the City will construct and maintain gate across the road on the east side of the main track and that it will be locked at all times except when the crossing is actually being utilized. Very truly yours, ~1L Superintend.ent 05-{)U2. C'(' (r ~) {J;iJ ~ ,Drummond 3-4146 I I FORM 3523-Sheet 1 Revised 11-73 RE-34361. THIS AGREEMENT, Made and entered into this 15th day of October , 19 74, by and between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and CITY OF CLEARWATER, a municipal corporation under the laws of the State of Florida, hereinafter referred to (severally, if more than one) as Licensee. WITNESSETH: That the Licensor, for and in consideration of the sum of One Dollar to it in hand paid by the Licensee, the receipt whereof is hereby acknowledged, and of the covenants and agreements to be kept and per- formed by the Licensee, as hereinafter expressed, hereby grants to the Licensee the right or license of constructing and maintaining a private road across the track or tracks and right of way, property of the Licensor, at or near Clearwater, Florida, said crossing being 24 feet in width, i.e., 12 feet wide on each side of a line which extends across said right of way in an east-west direc- tion and intersects the center line of Licenaor's main track at a point 1,800 feet southwestwardly measured along said center line from Milepost SY-874; said crossing being shown outlined in red on print of Licensor's Drawing No. 1415, last revised September 24, 1974, attached hereto and made a part hereof; said right of way being as indicated on said print. Said crossing may be utilized by Licensee, Licensee's employees and invitees. The road crossing described herein is located on property in possession of Licensor by virtue of an agreement dated April 1, 1946, as supp1emented,between the Tampa & Gulf Coast Railroad Company and the former Seaboard Air Line Railroad Company, now Seaboard Coast Line Railroad Company, and unless sooner terminated, as provided herein, this agreement shall continue in effect so long as Licensor shall continue to operate the railroad now of the Tampa & Gulf Coast Railroad Company and shall terminate upon cessation of such operation by Licensor. And the Licensee hereby covenants and agrees in consideration of said license: 1. Unless provided herein to the contrary, Licensee will not allow any other person or persons to use the said crossing except with the consent in writing of the Licensor. 2. Said crossing shall be constructed and maintained at the cost and expense of the Licensee, but in a manner and of materials satisfactory to the Division Engineer of the Licensor, and said construction and maintenance shall be performed at such times and in such m~nner ~s not to interfere with the movement of Licensor's trains. 3. Licensee will furnish, place and maintain at Licensee's expense and in a manner satisfactory to said Engi- neer, necessary drainage pipe underneath said crossing on each side of said track or tracks to take care of drainage of the roadbed and/or right of way of the Licensor. 4. Licensee, for and in consideration of the privileges and benefits granted by the Licensor, and of the bene- fits flowing therefrom unto the Licensee, hereby assumes all responsibility for and relieves the Licensor, its suc- cessors and assigns, from any and all liability on account of injury to or death of any person or persons or damage to property of whatsoever kind, including live stock, arising out of the use or maintenance of said crossing, and Licensee agrees to save harmless the Licensor, its successors and assigns, from all claims, including attorneys' fees, arising out of any suit, resulting from such injury to or death of any person OT persons and damage to property. 5. Licensee will vacate said premises and remove said crossing therefrom at any time at the will of the Licensor, upon thirty (30) days' written notice given to the Licensee, and restore, under supervision of the Licen- sor, the said track or tracks and right of way to their original condition, but at the expense of the Licensee, or in default thereof, Licensor may perform such work at the sole cost and expense of Licensee. ~. -. '~ I I Sheet 2 6. Simultaneously with the execution of thia agreement by Licensee. the Licensee hereby agre8s to c1epoait with Licensor the sum of $3,079.00, being the est1llatec1 amount of the cost of the work to be performed by Licensor and the materials to be furnished by Lic8D8or in connection with the construction of said crossing. In the evant said deposit 1.8 less than the actual coat borne by Licensor, the Licensee shall al80, upon receipt of bill rendered by Licensor, promptly pay such additional cost to Licensor. Should said deposit be in excess of the actual cost borne by Licensor, the Licensor shall promptly refund the difference to the Licensee. Upon completion of said crossing, Licensor shall furnish Licensee a detailed statement showing the cost of the work, including materials used for construction of said crossing. 7. In order to prevent the unauthorized use of said crossing, Licensee agrees, at its expense and in a manner satisfactory to said Division Engineer, to construct and maintain a 2o-foot gate across said road adjacent to the east side of said main track, and to keep same locked at all times except when said crossing is actually being utilized. 8. It is expressly understood and agreed that if, during the continuance of this agreement, the Licensor, or any public entity, should determine that safety requires protection other than that afforded by stop signs, such as watchman, gates or flashing light signals, Licensor will not be called upon or required to bear the cost or any part of the cost of furnishing, installing or maintaining any such protection; it is further understood and agreed that any such additional crossing protection will be installed without expense to Licensor, and that before providing any such additional crossing protection, Licensee will first obtain approval in writing from Licensor with respect to location and type of protective facility. 9. The term ''Licensee'' whenever appearing in this agreement shall include the successors and assigns of Licensee. NOTE I The following changes were made in this agreement prior to the execution thereof: Sheets 2 and 31 typed. It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by a proper ordinance or resolution of the City Commission of the City of Clearwater, Florida, a certified copy of which ordinance or resolution is attached hereto and made a part of this agreement. ." . ) I Sheet 3 IN WITNESS WHEREOF the parti.. hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Licell80rl Witnesse. for Licenseel l~~J/ X~ If~e.~ ~ Approved aa to fo1'll md correctness I "~~. ~ty Attorney SEABOARD COAST LINE RAILROAD COMPANY By J. ~Sj~~'"tions (L.S.) By " ~yor-Commission H. 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I I HESOLUTION No. 74 - IS() WHEREAS, the City of Clearwater has found it necessary to construct and rnaintain a 24-foot private grade cros sing over the right-of-way and track of the Seaboard Coast Line Railroad Company 1,800 feet Southwest of Mile Post SY -874, in Clearwater, Pinellas County, Florida; and WHFPEAS, the Railroad has prepared an agreement to that effect for fornl.al execution by its corporate officer s, as well as the proper lTIunicipal .. officers of the City of Clearwater; and WHEREAS, the Railroad has requested a resolution be adopted by said City, formally approving said agreement and authorizing the proper City officials to execute same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED, AS FOLLOWS: That the Mayor, together with the other appropriate municipal officer B of the City of Clearwater, are hereby authorized and empovlered to execute a certain agreement with the Seaboard Coast Line Railroad Com,pany, bearing date of October 15, 1974, in connection with the construction and maintenance of a 24-foot private grade crossing over the right-of-way and the track of said Railroad 1,800 feet Southwest of Mile Post SY-874, in Clearwater, Pinellas County, Florida. PASSED AND l,DOPTED this 16th day of December, A. D. 1974. / s / H. Everett Hougen Mayor-Commissioner Atte st: /s/ D.. G. Whitehead City Clerk .", . ~ .' . . .~ '" ,I f I 1, R. G. Whit(~hc~ld, duly ~lpp()jntc'd City CJcrl<:: of the City of Clearw<1.te r, Florida I certify the foregoing to be a true and correct copy of Resolution No. 74-156 adopted by the City Corn,mission on the _16th _ day of _--pece2:Qper , A. D. 19-..1A..' Witness my hand and the seal of the City of Clearwater, this 18th day of December , A. D. 19.2L' ,I' /) /- /~ ~,( 1/ /'/ /:/;~ ~ /' /,. -' ';>;/t"'-;" ~//Z- --/t- ----- ~/ , - y '/,.- - " /,." . ,(.. /'--< C;;( Ch/ City Clerk