COURT & CHESTNUT STREET CROSSING
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AGREEHENT
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THIS AGREEHENT, made and entered into this )\Joo day or July, 1979, by
and between the CITY OF CLZAro~ATER, FLORIDA, a municipal corporation, hereinafter
referred to as the "City", and the SEABOARD COAST LINE RAILROAD CONPANY, a corporation
organized and existing under the laws of the State of Virginia, hereinafter referred
to as the "Railroad",
WIT N E SSE T H
In consideration of the mutual conditions, agreements, and undertakings
hereinafter set forth by and between the IICity" and the Railroad" the parties to
this agreement do hereby mutually agree as follows:
1. ~{hereas there exists within the territorial limits of the City of
Clearwater, Florida, railroad crossings situated at Court Street and Chestnut
Street in the City.
2. Whereas it is necessary to attach to the railroad gate equipment
situated at such railroad crossings at Court Street and Chestnut Street certain
pre - emption circuits, in order that such equipment ,,,ill develop a computerized
traffic signal system which will analyze traffic backup at such crossings.
3. In order to develop such computerized traffic signal systems it is
necessary to provide pre-emption circuits between the automatic flashing light
signals at the crossing designated as Chestnut Street, Mile Post SY-874.92 and also
at Court Street, Mile Post SY 874.5, both located within the territorial limits
or the IICityll.
4. The "Railroad" agrees to prepare such plans, estimates and other
material as may be necessary, to purchase the required materials to perform the
necessary work in connection with the pre-ecption circuits within the limits of
its circuits and to further provide tie-in for the City's circuits. The "City"
will provide its own circuits from the point of tie-in and furthermore the "City"
will furnish the "Railroad" with copies of traffic signal plans ,vith sequence and
showing head or undergrade circuits which equipment must conrorm to standards
established by the "~ilroad" and be approved by the "Railroad". \tnere it is
necessary, a separate encroachment agreement will be entered into to cover the
work and equipment as set forth herein.
5. It is agreed that the IICity" will bear the entire cost of the
IIRailroad's" portion of the pre-emption circuit which is estimated to be $725.00 at
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each location, as stated herein according to estimates dated June 15, 1979, which
estimates are attached hereto and incorporated as a part of this agreement. Payment
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is to be made by the "City" to the "Railroad" of the actual cost of such ',,,ork
upon completion and submission of final bills by the''Ra. ilroad" to the "City".
6. The "City" agrees that it shall not disconnect the interconnection
circuits or change the signal sequence without prior notice to the "Railroad" and,
likewise, the "Railroad" shall not disconnect the interconnection circuits in such
a manner that would change the sequence described herein without prior notice to the
"City".
7. The maintenance of the interconnection system shall be as follows:
The "C1." tyll sh..,ll ma.int"'1."n ..,t 1." ts th t'" t' b h' i
~ Q Q expense e 1.e-1.n connec loon etween t e Junct on
boxes and traffic signal. The "Railroad" shall maintain the tie-in between the
junction boxes and the automatic crossing signal apparatus case.
8. The "Railroadll shall have no responsibility or liability for any loss
of life or injury to person, or loss of or damage to property, growing out of or
arising from the irregular operation of the traffic signals of this "Citi' and/or
the railroad train approach warning signals resulting from or in any manner contributable
to the interconnection of the "City's" traffic signals with the railroad train approach
warning signals.
9. The "Cityll insofar as it lawfully may, agrees to indemnify and save
harmless the "Railroad" from all such loss, injury or damage; provided, however, and
it is distinctly understood and agreed that the provisions of this article shall have
no application to any loss, injury or damage growing out of or resulting from the
failure or improper operation of the railroad ,train approach warning signals from
such failure or improper operation is not attributable to the presence or existence
of the "City's" interconnection with the signals of the "Railroad".
1':'. It is the intention of the parti~s hereto that the "Railroad" shall
have and assume the same responsibilities and obligations with respect to the
"Railroad" train approach warning signals and the operation thereof that it had prior
to the installation of the interconnection of the "City's" traffic signals which said
railroad train approach warning signals and no others and that the "City" shall have
and assume sole responsibility for its interconnection with the said railroad train
approach warning signals and the operation or function thereof. However, it is the
intention of the "City" under the terms and provisions of this agreement that it
assumes no liability or responsibility for the installation of the equipment which
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the 11Railroadll on its part is to perform or does it assume any responsibility
or liability whatsoever for the negligence in connection with the installation
of such pre-emption equipment by the 'IRailroadtl.
11. The IICity" covenants to indemnify, defend, and save harmless and
exonerate the IlRailroad" of and from all liability, claims and demands arising out
of the ~qork undertaken by the "City" pursuant to the terms of this agreement which
may arise by virtue of the negligent actions, delays or omissions done or committed
by the "Cicyll, its contractors, employees, agents or representatives, with the
exception of such ~.;rork as to be performed and completed by the IlRailroadll and its
employees, servants or agents.
12. Either party hereto may terminate this agreement at any time by
serving upon the other ninety days' notice in writing of an election to terminate
same and, prior to the expiration of the time limit of the notice, City will, at
its expense, remove its connection and restore the facilities to the condition
existing prior to the making of such connection.
13. It is understood and agreed that this agreement shall not be
binding until it has been ratified by a proper resolution or the City Commission
of the City of Clearwater, Florida, a certified copy of which resolution is attached
hereto and made a part of this agreement.
Witnesses:
4J~/
Pt. &. ~-~
A to Rail oad
By
CITY
By
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As to City
Title
City Manager---
ATTEST:
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City
L~~L .~
Clerk
ectness:
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RES 0 L UTI 0 N
60
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BY AND BEnmEN THE SEABOARD COAST LINE RAILROAD COMPANY
AND THE CITY OF CLEAPJ.IATER, FLORIDA, PROVIDL'IG FOR THE
L~STALLA.TION AND MAINTENANCE OF PRE-EXEHPTION CIRCUITS
AT THE CHESTNUT AND THE COURT STREET CROSSnWS WITHIN
THE TER...-q,ITORL\L LIllITS OF THE CITY) A."ID PROVIDING HIlliN
THIS RESOLUTION SHALL TAKE EFFECT.
NO. 79 -
HHEREAS , the SEABOARD COAST LINE RAILROAD COHPANY, ~-lill perform all work
and install all materials in connection with the pre-exemption circuit within the
limits of its circuits and will provide tie-in for the City's circuits at the
automatic flashing light signals at the crossings of Chestnut Street and Court
Street within the City of Clearwater; and
WHER&~S, the City will bear the entire cost of the Railroad's portion of
the pre-exemption circuit installations which is estimated at $725.00 at each grade
crossing at each location; and
WHEREAS, payment will be made by the City to Railroad of the actual cost
upon completion and submission of final bills for such installation and maintenance
of pre-exemption circuits at the crossings referred to in the City of Cleal"l-later.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COHHISSION OF THE
CITY OF CLEARHATER, FLORIDA, IN SESSION DULY AND REGUL.o\RLY
ASSEMBLED, AS FOLLOWS:
1. That the City of Clearwater shall enter into an agreement ~ith the
Seaboard Coast Line Railroad Company for the installation and maintenance of pre-
exemption circuits at Chestnut Street and Court Street crossings within the City,
such crossings being designated as Mile Post SY-874.92 and ~lile Post SY-874.85 at
the designated railroad crossings.
2. The City agrees to pay the sum of $725.00 in each location upon the
submission of proper bills at the completion of such work to the satisfaction of
the City.
3. That the Mayor-Commissioner, City Manager, City Clerk and City
Attorney be authorized to enter into such agreement with the Seaboard Coast Line
Railroad Company as herein described.
4. That this Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this ~ day of
July
, 1979.
'.1 Ch.arl.. F r T ..Ch...
~~yor-Commissioner
Attest:
/./ Lucille William.
\,;l.ty Clerk