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WIRE CROSSINGS DREW STREET ..J, ; J&B~2882 I '. CONTRACT FOR WIRE CROSSINGS REcr'VEt) JAN 20 1965' CiTY CLERK. THIS AGREEMENT, made this12th day of November 1964 ,b"Y 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 CITY OF CLEARWATER, a municipal corporation under the laws of the State of Florida ,. ~~ Form 2l3~Sheet 1 Revised Oct. '62 , hereinafter for convenience called (severally if more than one) the Licensee. WITNESSETH: WHEREAS, The Licensee desires to construct and maintain 3 electric wire lines, under hereinafter called the wire line, across the right of way and the wires and track or tracks of the Licensor at Clearwater, Florida at the following locations: (1) Two wire lines on the north side of Ore. Street at a point 1,353 feet southwardly measured along the center line of Licensor's main track from Mile Post RE~l; the northernmost wire line to be encased in I-inch galvanized metal pipe conduit and the southernmost wire line to be encased in It-inch galvanized metal pipe conduit; also (2) One wire line OD the south side of Drew Street at a point 1,395 feet southwardly measured along said center 11ne from said Mile Post; said wire line to be encased in I-inch galvanized metal pipe conduit; said wire lines being as shown in red on the print attached hereto and made a part hereof; Licensor's right of way being as indicated on said print. 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 AU, 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. , 05-00tf(X.)(7) \' ~ J &B-'42882 I 'I CONTRACT FOR WIRE CROSSINGS I 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 said wire line as may be necessary in the opinion of the Licensor. 7. The said wire line, if for electric power, shall be used for the sole purpose of conveying electric current at a potential not to exceed - 2 50- 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. II. Licensee for itself, its successors and assigns, hereby accepts the license herein given, upon the terms and conditions specified herein. 12. The portions of said wire lines underneath said tracks and roadbeds thereof shall be encased by and at the expense of Licensee conduits as aforesaid, and placed at a minimum depth of .S-inches below the base of rail of laid tracks, or not less than 12 inches below the bottom of Licensor's roadbed ditches - whichever depth may b. the lower - measurements being to the top of said conduits. to. , J 8cB.:42882 I t CONTRACT FOR WIRE CROSSINGS I Form 213-Sheet !l Revised Oct. '62 Notes Article 12 added hereto prior to the execution hereof. It is understood and agreed that this agreement shall not be binding until it has been ratified by a proper ordinance or resolution of the City Commission of the City of Clearwater, Florida, a certified copy of which resolution or ordla.nce is attached hereto and made a part of this agreement. IN WITNESS WHEREOF, The parties hereto have caused this agreement to be duly executed in du- plicate, the day and year first hereinabove written. 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I R.ESOLUTION No. 64 - 176 WHEREAS, the City of Clearwater baa found it nece.sary to construct and maintain three electric wire lines acro.s the right of way and under the wires and track of the Atlantic Coast Line Railroad Company. two of said wire linea beina on the North dde of Drew Str.et at a point 1.353 feet Southwardly born M11e Poat llE..881 au one of said linea beiaa on the SoutA side of Drew Street at a point 1.395 feet South....ardly from said MUe Post RE-88I. in Clearwater. Pinellas County. Florida; and WHEREAS, the R..ilroacl haa prepared an allreement to that effect for formal execution by ita corporate officera. a8 well aa the proper .municipal offic81'1 of the City of Clearwater; and WHEllEAS, the Railroad has reque8ted a Resolution be adopted by said City. formally approving said agreement aad authorizing the proper City offlchUs to ..ecute .ame; NOW, THEUFOllE, BE IT USOLVJ:D BY THI: CITY COMMISSION OF THJ: CITY OF CLEAR.WATER, FLOR.1DA. IN SESSION DULY AND llEOULARLY ASSEMBLED, AS TOLLOWS: That the Mayor. tOllether with the other appropriate municipal officers of the City of Clearwater, are hereby authorized anel empowered to execute a certain alreement with the Atlantic Coast Lb. R.ailroad Company, be.rillg date of November 12. 196., in connection with the coastructlon and malnteD&llce of three electric wire line. acro.. the right of way and under the wire. anel track of the Atlantic Coal' Line R.aUroad Company on Drew Street near MUe POll B-88l. in Clearwater. Pinellas County. 1'10ri4&. PASSED AND ADOPTED thb 7th clay of December. 196.. Atteet: /./ .obert L. Weathel'ly Mayor-Commis.ioner /./ a. G. Whitehead City Clerk " .-..... - -.-..., ,. -~.. J'~ ---. . ,~ . . ! I I I, R. C. Whitehead, duly appointed City Clerk of the City of Clearwater. Florida, certify the foregoing to be a true and correct copy of Re.olution No. 64-176 adopted by the City Commis.ion on the 7th da y of December , A. D. 19 64 Witne.. my hand and the leal of the City of Clearwater, this 10th day of December ,A.D. 19 64 / ." ~'",. .-~ . .......' J &B,.43325 ~ - I I Form 3530 Rev. Jan. 1962-Sheet 3 Extracts from minntes of ..eting of the Cl ty eo-1ss1on of the Cl ty of Clearwater, Florida held on the day of , 19 RESOLUTION Be it resolved by the Cl ty COIII1aalon of the Ci ty of Clearwater, Florida in regular meeting assembled that the Mayor-Commissioner of said Ci tv be, and he hetl!'6Yi$~"tt1thorized to enter into an agreement with the ATLANTIC COAsT LINE RAILROAD COMPANY, and to sign same on behalf of said, Cl ty , whereby saldRal1nad CoIlIp-"y grants unto Hid City the right or license to construct and maintain 3 electric wire lines underneath said Railroad Company's right of way and track. at Drew Street, Clearwater, Florida, as more particularly described in said agre...nt, which agreement 1s dated Noveaber 12, 1964, a copy of which agree.nt is fUed with this C1 ty Commission. I certify the above to be a true and correct copy. ................................................................................................ Clerk . - ,..