FLAGLER & HIGHLAND ROAD CROSSING
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SEABOARD COAST LINE RAILROAD COMPANY
Engineering. Department
Jacksonville, Florida 32202
A. C. JONES, JR.
ASSISTANT VICE PRESIDENT
TELEPHONE 353-2011
AREA CODE 904
August 20, 1979
5l-0-Fla.(Clearwater)-E
Mr. Keith Crawford
Director of Traffic Engineering
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33518
Dear Mr. Crawford:
Reference your letter of July 25 concerning pre-emption of traffic
and crossing signals at Court and Chestnut Streets, Clearwater, Fla.
Returned herewith is City's copy of fully executed agreement dated
July 24, 1979.
Yours very truly,
As~s:an~2::.nt
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FO'm 3530-Sheet 1
Revised Nov. 1979
RE-42153
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THIS AGREEMENT, Made this 4th day of February, 1980, by and between the
SEABOARD COAST LINE RAILROAD COMPANY, a Virginia corporation, hereinafter
referred to as Licensor, and the CITY OF CLEARWATER, a municipal corporation
under the laws of the State of Florida, hereinafter styled Licensee,
WITNESSETH: That Licensor, for and in consideration of the sum of One
Dollar to it in hand paid by Licensee, the receipt of which is hereby
acknowledged, and of the covenants and agreements hereinafter made and
contained on the part of the Licensee to be kept and performed, hereby grants
unto Licensee the right or license to install and maintain, for the purpose
of drainage, installing and maintaining a box culvert, together with a
segment of pipe, on the extreme easterly portion of Licensor's right of way
at a point 760 feet, more or less, northwardly measured along the center line
of Licensor's main track from Milepost SY-873, and being at a minimum
clearance distance of l5 feet eastwardly measured radially or at right angles
from said center line; as particularly shown outlined in red on print of
Licensor's Drawing No. 3337-103, dated October l2, 1979, attached hereto and
made a part hereof; said box culvert and segment of pipe, together,
hereinafter referred to as "pipe".
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And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee shall install and maintain said pipe at its expense in a
manner satisfactory to the Division Engineer of Licensor and so as not to
interfere with pipe or other structures now in place. In the event the said
pipe shall require repair or renewal, Licensee shall make such repair or
renewal at its expense; and upon the failure of Licensee so to do, the said
Division Engineer of Licensor shall give written notice to Licensee, and upon
the failure of Licensee to make repair or renewal within thirty days after
such notice, Licensor may make all necessary repair or renewal at the cost of
Licensee, which cost Licensee hereby agrees to pay on demand.
2. Licensee shall install and maintain, above ground and in a manner
and at such locations as may be designated by said Engineer of Licensor,
markers to plainly indicate the location, depth at which installed and
ownership of said pipe. Licensee will, at its expense, at any time, upon
thirty days' written notice given by Licensor, change and alter the location
of said pipe to conform to any changes or improvements that may be made by
Licensor in its tracks or roadway at said location, or to permit the
utilization of Licensor's right of way, or other lands, for the construction
of tracks, buildings or other structures.
3. Licensor shall not be responsible in any manner for loss of or
damage to said pipe and the contents thereof from any cause whatsoever; and
Licensee shall and does hereby assume, and agrees to indemnify and hold
harmless the Licensor, its successors and assigns, from and against all loss,
costs, expenses, including attorneys' fees, claims, suits and judgments
whatsoever in connection with injury to or death of any person or persons or
loss of or damage to property caused by or in any way connected with the
installation, maintenance, use or presence of said pipe and appurtenances on
said premises, howsoever caused.
4. Licensee will pay to Licensor, on bills rendered by Licensor, the
full amount of all costs and expenses which may be incurred by Licensor in
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Folm 3530-Sheet 2
Revised Nov. 1979
protecting its track or tracks and maintaining traffic thereover by driving
piling or by other means while said pipe is being placed thereunder, or
during any repair, renewal, relocation or removal of said pipe.
5. It is expressly understood and agreed that Licensee shall be
prohibited, incident to the installation and/or maintenance of said pipe on
Licensor's property, from using explosives of any type without the express
written consent of Licensor; in th~ event such consent is extended, a
representative will be assigned by Licensor to protect Licensor's interests
and Licensee, in addition to all other costs to be borne by Licensee as
herein set forth, shall reimburse Licensor for the entire cost and expense of
furnishing said representative.
6. In consideration for the right or license hereby granted, Licensee
hereby agrees that the Licensor shall not at any time or in any manner be
assessed with the cost or any part of the cost of the installation and
maintenance of said pipe and appurtenances thereto on Licensor's property.
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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 hereof.
IN WITNESS WHEREOF the parties hereto have executed this agreement in
duplicate the day and year first above written.
Witnesses for Licensor:
SEABOARD COAST LINE RAILROAD COMPANY
By
(L.S.)
(SEAL)
Witnesses for Licensee:
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Form 221
Rev. Dec., 1978
APPROVED FOR SEABOARD COAST LINE RAILROAD COMPANY:
As to Form
AP P r'l 'Y {'-I..)
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Law Department.
Superintendent.
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Division Engineer.
Director of Real Estate.
SEE PLANS IN FILE