PEDESTRIAN CROSSING AT WOODLAWN STREET
THIS AGREEMENT, made and entered into this 8th day of April, 1981, by
and between the SEABOARD COAST LINE RAILROAD COMPANY, a Virginia corporation,
hereinafter referred to as Licensor, and the CITY OF CLEARHATER, a municipal
corporation under the laws of the State of Florida, hereinafter referred to
as Licensee,
WITNESSETH: That Licenso~, for and in consideration of One Dollar to it
in hand paid by Licensee, the receipt of which is hereby acknowledged, and of
the covenants on the part of Licensee to be kept and performed as hereinafter
expressed, hereby grants unto Licensee the right and privilege to construct
and maintain public pedestrian walkways, at grade, across the right of way
and track of Licensor, adjacent to the north side of Woodlawn Street,
Clearwater, Florida, said crossing being within the limit of a strip of land
5 feet in width, i.e., 2.5 feet wide on each side of a line which extends
across said right of way in a westerly-easterly direction and intersects the
center line of Licensor's main track at a point 418 feet southwardly measured
along the center line of said track from Milepost ARE-883; as particularly
shown outlined in red on print of Licensor's Sketch dated February 3, 1981,
attached hereto and made a part hereof; Licensor's right of way being as
indicated on said attached print.
.;I-
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee will not use said strip of land for any other purpose than
that specified herein and will not assign this agreement or any rights
hereunder without consent in writing of Licensor.
2. Said crossing shall be constructed and maintained by and at the
expense of Licensee in a manner in all respects satisfactory to the Divistgn
Engineer of Licensor; it being expressly understood and agreed, however, th~~
the portions of said crossing between the rails of said track and for 2 feet'
on the outside of each rail shall be constructed by Licensor, but at the
expense of the Licensee, which expense is estimated at $624.00, per the '..,
attached copies of Licensor's Form 3560-EB; future reasonable maintenance of
the portion of said crossing be~ween the rails of said track and for 2 feet
on the outside of each rail thereof shall be accomplished by Licensor, but at
Licensee's entire cost and expense.
3. Licensee agrees to reimburse Licensor for the reasonable cost borne
by Licensor for furnishing a necessary representative to protect Licensor's
property while said crossing are being cons tructed.
4. If required by said Division Engineer, Licensee will furnish, place
and maintain, at its expense and in a manner in all respects satisfactory to
said Division Engineer, necessary drainage pipe underneath crossing to take
care of the drainage of the roadbed and righ ts of way of Licens or occasioned
by the construction of Licensee of the subject walkways.
5. Licensee hereby assumes all responsibili ty for and relieves the
Licensor, its successors 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 arising out of the use or maintenance of said crossing, and
Licensee agrees to save harmless 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 or persons or damage to property
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Sheet 2
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unless occasioned by the sole negligence on the part of Licensor or its
agents.
6. Licensor reserves the right at any time, if it so desires, to
construct additional trackage across the land described herein; in such
event, Licensor shall have the right and is hereby granted the privilege to
remove the portion of said crossing to the extent necessary for the
construction of such trackage and, upon completion of such trackage ;r~
construction, hig~e will, but at Licensee's entire cost and expense,
restore said~ross1ng in a manner and of materials in all respects
satisfactory to said Division Engineer.
7. In consideration of the right or license hereby granted, Licensee
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 construction and maintenance of
said crossing on Licensor's right of way.
'"
8. It is expressly understood and agreed that this agreement shall
remain in full force and effect so long as the covenants and agreements set
forth herein are kept and perfonned by the Licensee, and if the Licensee
fails to keep and perform any such covenant, terms or conditions, then the
Licensor reserves the right to tenninate this agreement upon thirty (30)
days' notice to the Licensee. On termination of this agreement, Licensee
will, at Licensee's expense, remove said crossing and restore, under
supervision of the Licensor, said land to its original condition, if required
by the Licensor.
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.
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
/A.~~
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By
(L. S.)
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RES O. UTI 0 N
No. 8 1 - 44
A RESOLUTION AUTHORIZING THE CITY OF CLEA.R-
WATER TO ENTER INTO AN AGREEMENT WITH
SEABOARD COAST LINE RAILROAD COMPANY FOR
CONSTRUCTION OF A PEDESTRIAN WALKWAY,
WHEREAS. the City of Clearwater has found it necessary to
construct and maintain a 5-foot wide pedestrian walkway acros s the right-
of -way and track of the Seaboard C0dst Line Hailroad Company adjace :
to .the North side of Woodlawn Street; and
WHEREAS, the Railroad has prepared an agreement to that effc'ct
for formal execution by its corporate officers, as well as the proper
municipal officials of the City of Clearwater; and
WHEREAS, the Railroad has requested a resolution be adopted iJY the
City, formally approving said agreement and authorizing the proper C. ;:y
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:
1. That the Mayor, together with the other a.ppropriate r:-.unic.i.Pdl
officials of the City of Clearwater, are hereby authorized and empowel'ed to
execute a certain agreement with the Seaboard Coast Line Railroad Compar,:
bearing date ,of April 8, 1981, in connection with the construction and main-
tenance of a 5-foot wide pedestrian walkway across the right,:-'of-way ar.d
track of the Railroad adjacent to the North side of Woodlawn Street.
2. That this Resolution shall become effective immediately upon
its adoption.
PASSED AND ADOPTED this
4th
day of June, A. D. 1981.
/s/ Charles F. LeCher
Attest:
Mayor- Commissioner
/s/ Lllcjlle Williams
City Clerk
, ~ ,.'_4 ..
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I, LUCILLE WILLIAMS, duly appointed City Clerk of the
City of Clearwater, Florida, certify the foregoing to be a true and
correct copy of Resolution No.
8 1 - 44
adopted by the City
Commission on the 4th
June
,A.D.,19~.
day of
WITNESS my hand and the seal of the City of Clearwater, Florida,
this 8th day of
June
, A. D., 19 81 .
-!v-~ L~
City Clerk
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CITY OF CLEARWATER
INTER-OFFICE COMMUNICATION
DATE
8/28/81
.19_
TO City Clerk' s Office
FROM Engineering
(WJ Shepard l
SUBJECT Agreeroept hp.t:ween Seaboard Coast Line &
City of Clearwater (0 . . 1)
rlglna
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lftcErVED'
AUG 31 1981
CITY CLERK
[] PLEASE REPLY ON REVERSE SIDE