WIRE CROSSING JEFFORDS STREET
J &B-42882
I CO~TRACT FOR WIRE CROSSINGS
I
RECEtVEO
NOV t 1963
Form 213-Sheet 1
Revised Oct. '62
CITY CLERK
THIS AGREEMENT, made this 6th day of September 19 63 , by and between
the Atlantic Coast Line Railroad Company, a corporation under the laws of the State of Virginia, herein-
after for convenience called the Licensor, and the CITY OF CLEAIIfATER, ~ _Inicip~l corporation
under the 1... of the Stat4t of Florida
, hereinafter for convenience called (severally if more than
one) the Licensee.
~.-'
WITNESSETH:
WHEREAS, The Licensee desires to construct and maintain
. fire alc."ll, table
hereinafter called the wire line, across the right of way and under the wires and
track or tracks of the Licensor at Jefforda Street. Clearwater, Florid.. at . point 1,:>00 feet
southw&rdly, ~ 81-9 the center 11_ of Licensor', _in track fra Mil. Post
RE-882. .s shown in rM oaf'the .pr~nt .tt.... hereto and _de a part hereof, LieRsor's
right of way being 30 feet wi_ on Hcb sid. of said center 11ne.
NOW, THEREFORE, In consideration of the sum of one dollar ($1.00), the receipt whereof is hereby
acknowledged, and of the covenants upon the part of Licensee to be kept and performed as hereinafter ex-
pressed, the Licensor hereby grants to the Licensee permission and license to construct and maintain said
wire line at the point above designated, and Licensee hereby covenants and agrees in consideration thereof.
1. (a) Licensee will construct and maintain said wire line, so as not to interfere with other structures
now in place, in all respects satisfactory to the Division Engineer of Licensor and, if over the tracks, as set
forth in the specifications hereto attached and made a part hereof as "Exhibit A", identified by the signa.
tures of the said Engineer of Licensor and the of Licensee, and Li-
censee will make all repairs that may be necessary; all under the supervision of and subject to the approval
of said Engineer of Licensor, but at the cost and expense of Licensee. This paragraPh lea) is not applicable
if said wire line is located in the State of Florida.
(b). Licensee will construct and maintain said wire line, so as not to interfere with other structures
now in place, of materials and in the manner specified by the orders, rules and regulations of the Florida
Railroad and Public Utilities Commission, or other duly constituted authority having jurisdiction of the
subject matter and of the parties hereto, and Licensee will make all repairs that may be necessary; all under
the supervision of and subject to the approval of said Engineer of Licensor; but at the cost and expense of
Licensee. This paragraPh l(b) is not aPPlicable if said wire line is not located in the State of Florida.
, 05~DO~&)
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J &B-42882
f CO~TRACT FOR WIRE CROSSINGS
I
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Form 213-Sheet 2
Revised Oct. '62
2. The Licensee, on written request of the Licensor, will promptly and in any event within thirty days
from the date of such request, repair said wire line in such manner as shall be designated by the Licensor,
and if said Licensee fails to so comply with such request, the Licensor may make such repairs as may be
necessary, the cost of which the Licensee agrees to pay, as above provided, or the Licensor may at its option
take down and wholly remove said wire line from Licensor's right of way.
3. Should the provisions herein named cause any change or alteration in the location or arrangement
of the wires or poles of the Licensor, or of The Western Union Telegraph Company on the Licensor's
property, the cost of such alteration or rearrangement shall be paid by the said Licensee.
4. Licensee will at all times indemnify and save harmless the Licensor, its successors and assigns, from
and will pay and discharge all loss, including attorney's fees, cost and expense on account of injury to per-
sons, including death, or damage to property resulting from or in any manner connected with the construc-
tion, maintenance, operation or presence of said wire line, or the removal of same.
5. Licensee shall and will indemnify and save harmless the Licensor, its successors and assigns, against
any and all claims, demands, suits, including attorney's fees, judgments and sums of money accruing to the
Licensee, or to any other person or persons against Licensor, for the loss of or damage to the said wire line
whether the same is the result of fire caused by the locomotive engines of Licensor or otherwise, howsoever
resulting.
6. In the event proper use of the Licensor's right of way and property or any changes in or additions
to Licensor's track or tracks shall hereafter make necessary any change of location or otherwise in said wire
line, the Licensee shall at its expense, within twenty days after notice in writing given to said Licensee,
make such change in sai wire line as may be necessary in the opinion of the Licensor.
7. The 'ne, if for electric power, shall be used for the sole purpose of conveying electric
current at ential n volts.
8. This license shall not be assigned by said Licensee without the written consent of the Licensor hav-
ing been first obtained.
9. The Licensee will cooperate with Licensor and with The Western Union Telegraph Company,
and will at its own expense make such changes in its lines and assume expense of any changes in lines of
the Licensor and/or The Western Union Telegraph Company as may be found necessary to eliminate any
interference that may, at any time develop with respect to the operation of the Licensor's telegraph, tele-
phone, power line or signal circuits or apparatus or with the circuits or apparatus of The Western Union
Telegraph Company on Licensor's property by reason of the proximity of the said wire line of the Licensee.
10. The proper and complete performance of each and every of the covenants of the Licensee herein
contained shall be deemed of the essence of this contract, and in the event the Licensee shall fail or refuse
to fully and completely perform any or all of its said covenants for thirty days after notice requiring it so
to do, made by Licensor, as to any or every of said covenants, then Licensor shall have the option of
terminating this agreement, and may, if it so desires, cancel this license and revoke the privileges and powers
hereby conferred upon the Licensee. Upon such cancellation, Licensee will at its expense remove said wire
line from the property of Licensor.
11. Licensee for itself, its successors and assigns, hereby accepts the license herein given, upon the
terms and conditions specified herein.
12. The portion of Hid wire line und4tr said traeJcs and roadbed thereof shall
be encased hJ and at the expense of Lic..... in a Ii-inch _tal pipe conduit and
placed at a llinl.. depth of ~ inches below the base of rail of said trac:ks.
or not Ie.. than 12 inche. below the Dottoa of Uc:enaor's roadbed dl tche. - whichever
depth ..y be the lower - ..sur_nts being to the top of said conduit.
Note: Article 1 wa. stricken out and Article 12 was added hereto prior to
the execution hereof.
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J&:B-42882
f CONTRACT FOR WIRE CROSSINGS
I
Form 213-Sheet 3
Revised Oct. '62
It is understood and qreed that this agr....t shall not be binding until
it has been ratified by a proper ordinance or resolution of the City Coa.ds.ion
of the City of Clearwatn. flG1'lda~ a certified copy of which resolution or
orciln.ance is attached hereto and _de. part of this agr....nt.
IN WITNESS WHEREOF, The parties hereto have caused this agreement to be duly executed in du-
plicate, the day and year first hereinabove written.
Witnesses for Licensor:
....?it...:.~..~~,__.__...
~~-~.., ..~.'
J~ -~ -~
.......::.:................................... .............................................
Witnesses for Licensee:
......-x:..~r.~~.....'2'.5. t ~......
.....~...~~uu.
ATLANTIC COAST liNE RAILROAD COMPANY (Seal)
~J..'u.~.{for.r't.\."....f.....
Approved as to form and correctness~~
SEE PLANS IN FILE
J &B-41229
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Form 3530
Rev. Jan. 1962-Sheet 3
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Extracts from minutes
of meeting of the City C..isslon of the City of Clearwater, Florida
held on the day of ,19 63.
RESOLUTION
Be it resolved by the City eo.sslon of the City
of Clearwater Florida in r.gular _Ung assembled that the Mayor-COIIII1issioner
of said City' be, and he hereby is, authorized to enter into an agreement with the ATLANTIC ,
COAST LINE RAILROAD COMPANY, and to sign same on behalf of said Ci ty I
, whereby said Railroad C.-paay grants unto uid Ci ty the right or
license to constnlct and ..lnu1n a f1re alan cable across the right of way and und.r
the wires and tracks of said Railroad Co.pany at Jeffords Street, Clearwater,
Florida, at a point 1,500 feet southwardly, ....ur.d along the center line of the
Railroad Company'. ..in track fro. Mil. Post RE-8821 as sore partiCUlarly described
in said agree.ent, which agr....nt i. dated $epteeber 6. 1963, a copy of Which
agr....nt Is filed .1 th this Cl ty COIaisa1on.
I certify the above to be a true and correct copy.
........,.,.........,...."........,.....,.......,....... ..................... Cierk........
. "
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I. R. C. Whitehead, duly appointed City Clerk of the City of
Clearwater. Florida, certify the foreloiDI to be a true and correct copy
of Re.olutioD No.
63-1l6
on the 7th
day of
October
adopted by the City Commh.ion
, A.D. 1963
Wible.. my band and the .eal of the City of Clearwater. thi.
10th
<tarot
October
, A.D. 1963
. ,.
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RESOLUTION
No. 63 - 116
WHERJ:.A$, the City of Clearwater ha. founcl it nec...ary to
cODJItruct and maintain a fire alarm cable acro.. the I"iaht of way andUD4er
th'.'; wiree and track. of the Atlantic Coa.t Liae RaUroad Company at
J "fiord. Street, Clearwater. Florida. at a poiat 1,500 f.et .outltwardly.
l'rlealured along the center liDe of the )laUroael', main track {rom Mile POlt
RE-882,; and
WHEREAS, the Ilallroacl ba. prepared au al~eement to that cdfect
for CorolaI execution by ita co.-porate oflicerl, a. w.n ... the proper
municipal officer. of the City 01 Clearwater; aM
WHEUAS, the RaUroacl ba. requa.tea a a..olution. be adopted by
.aid City. formally approvia. laid a.r.ement a.nd authorizial tlle proper
City official. to e..cute .&me;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY 01' CLEAIlWATEa., FLOIUDA,
IN SESSION DULY AND 1U:OULAALY ASSEMBLED, AS
FOLLOWS:
That the Mayor-Comrnl.lioner, toaether with the other appropriate
municipal officer. of the City of Clearwater, are bereby auUaori.ecl and
empo..ereci to ..ecute a certain alr..ment witb the At1aatlc Coa.t Line
llaUroad Cgnlpany, beariftg elate 01 September 6, 196J. in cormectlon witb
the con.truction and mainteD&nce of a fire alarm cabl. acro.. the daht of way
and under the wire. and track. of .aid llatlroacl at J elfol'd. Street, Clearwater,
.Florida, at a point 1,500 fe.t louthwartily. mea.ured a101l1 the center Un.
of the bilroad'. main track from Mile Po.t RE-88~.
PASSED AND AJ)()PTED thi. 7th day 01 October, A. D. 1963.
1.1 .....ert L. WeatJaewly
Mayor-Comml..l..er
AUe.t:
1.1 Il. G. W bitelaea4.
City Cle rk