PRIVATE ROAD CROSSING
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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 ~)
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~ ,Drummond 3-4146
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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.
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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.
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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
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Approved aa to fo1'll md correctness I
"~~.
~ty Attorney
SEABOARD COAST LINE RAILROAD COMPANY
By J. ~Sj~~'"tions (L.S.)
By
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~yor-Commission
H. Everett Hougen
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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
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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'
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City Clerk