INSTALL AUTOMATIC FLASHING LIGHT SIGNALS MYRTLE AVENUE
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THIS AGRBlMENT, made and entered into this :24 - day of AlJAtllt, 1965,
by and between the ATLANTIC COAST LINK RAILROAD CCMPANY, haX'e1nafter styled
the "Company", and CIn OF CLEARWATER, FLORtDA, liareinaf tel' . ty led "Cl ty" .
WITNESSETH: That,
WHEREAS, the City has requested the Company to instaU automatic flashing
light signals at new cros.ing of Myrtla Avenue across the right of way and
tracks of the Company.
NOW, THER.EFOlB. in condoeration of the fotegoing,it is understood and
agreed:
FIRST: That the Company shall construct automatic crossing Ught eigna1e
according to plans and specification. approved by the partie. bereto, at the
following location:
2,029 fe.t north of MUe Post. Rjl-881, Clearwater, Florida.
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SECOND: TheCoapany wHl install tha.. s~lna1a as soon as practicabl.
after the Company is advised by the City of final approval for construction.
!.!!YY!: The Company shall furnish the necenary materials and install
the ligna1s on an actual cost basis. All materials us.d in the installation
shall be new materials.
FOURTH: The City ,,111 reimbur.e the COBIpany for all direct cost and
expense. which the Company may incur in tha installation of said project,
which is based on the estimate of $11,410.
FIFTH: Aftar the instaUaUon of said llignal project is completad.
the Company shall render. for the completed instaUation, four copie. of
their itemizad statement showing all matarials and labor furnishad by the
Company and supported by signal statement of the hours of labor performed
and wages paid for this installation.
SIXTH: All grading, paving. drainage. etc.. to ba performed by the
City, or their contractor, except installation of the cro..ing on our
main Una at City'. expensa. 18 covered by a saeond agr.....nt.
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SEV~: The provision that upon completion of the Myrtle Avenue
crossing. the City is to elos. C.dar Street across our right of way
(located 600 feet south of proposed Myrtle Avenue cro..ing) and convey
to Coast Lin. the Cedar Street right of way withtnour property Une. ill
covered by a third agt:....nt.
EIGHTH: After the signals have been instaUedand found in satisfactory
working order by the p&t:U.. her.to. the .... .hall be illllllediately put into
servit:;e an9 op.rated and maintained by the Company 80 long as said Company
or their .ucee,lorsor a.Ugns .hall operate the Atlanti,e Coaat Lin.Rail.-
road company or untU it is agreed by the partie. hereto that the signals
are no longer necenary at the said crossing,or until the .aid crosSing
i. abandoned. or other legal requir_nts _de which shall cea.. operation
and 1I&1ntenance of aignals thereat. If the atlNLla installed are no lon.er
r.quired at the point of in.tallation. the salvageable materiah may b.
removed to another location. .. .greed upon by and at the expen.e of the
partie. here to.
It :hunder.tood and agreed that this agre.ent .hall not be binding
untU it hat be.n ratified by . proper ordinanoe or re.olution of the
City COIIIIIlisdoners of the City of Clearwater. Florida. a certified copy
of which resolution or ordinance 1. attached hereto and made a part of
agr....nt.
1M WITNESS WHEREOF. the partie. hereto have cau.ed the.e pre.ents
to be duly executed. a. of the date first above written.
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Signed. ...led and delivel'ed
ATLANTIC COAST LINE RAILROAD COMPANY
in pr...nce of:
l' ,p/c'&f~~
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As to the Company
By
D. C. Hastings,Viee Predde
Ate.at:
CITY OF 'CLEARWATER.. A Municipal
Corporation under the Laws of Florida
By
OCT 2 0 1965
or-Comm1as1oner
( .00 T~r)
BY~_ ~ .I~ --1~
~ City Manager
J.ames Ra Stewart \
Approve as to-IO m 1St correctness:
< (~J, ty S~l):_. <
City At 0 ney
(Herbert M. Brown)
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RES (' J-, lJ T ~ ~) Ii
No. 65 .. 128
WHEREAS, the Atlantic Coa.st Line R.ailroad Cornpany and tbe CU~
of C10a.rw...t~r, Florida, are agreea.ble to mutually undertake to install
flashing light dgnala at crossingB of the new Myrtle Avenue, 2,029 feet
!\forth of Mile Post RE -88 I, Clearwater, F'lorida, eU protection to the
traveling public; and
WHEREAS, it i. under.tood between the Railroad and'the City that
the Railroad will procure m~teriala and install eaid aiina18 by ita forcss
according to standard plan. and 8pecifications. put into service and
ther~dter bill the City for lOO..~1, of actual cost. including \\sual overhead
and cost of accounting. for whicll bill the City agrees to reimburse laid
ilailroad; and .a.id Railroa.d will thereaftor operate and maintain.aid
.ignal. at Ra.ilroa.d's expense; a.nd
WHEREAS. the Railroad hat prepared an agreement to that effect
for formal execution by it. corporate officers, &8 well &lJ the proper
municipal officeri'J of the City of Clearwa.ter; and
V/HEREAS, tbe Railroa.d has reque8t6d a Resolution be adopted by
.cold City formally a.pproving said a.greement and a.UtiH>rizing the proper
City officials to eJrecute lame;
NOW, 'l'HEREi'ORE, BE IT RESOLVED BY 1'HE CITY
COMMISSION OF THE CITY OF CLEARWATER., FLOlUDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the W...a. yor, together with the othe:t appropriate municipal
officers of the City of Clearwa.ter. a:rel he...eby authorized and ~mpowered
to e~ecute a certain Agreement with the Atlantic Co...t Line Railroad
Company in connection with the installation of flashing light signal. at
crossing. ot new Myrtle Avenue, 2,029 feet north of Mile Post RE.881.
Clearwater. Florida.
2. That a certified copy of this Resolution be forwarded forthwith
to .aid Atlantic Coast Line Railroa.d Company.
PASSED AND ADOPTED this
18th
day of October, 1965.
Isl Joe Turner
Mayor-Commie.toner
A tteet:
/s/ R. G. Whitehead
City Clerk
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It R. G. Whitehead, duly appointed City Clerk of the City ot
Clearwater. Flo:rid..., certify the foregoing to be a true and correct copy
of Resolution No.
65-]28
adopted by the City Commis..ion
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on tbe 18t~ day of
, A.D. 19 65
October
Witness my hand and the seal of the City oi Clearwater, this
] 9th
day of October
, A. D. 19 6S
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Extract. from minut.. of .e.tinl of the City Commissioners of
the City of Clearwat.r, Florida, h.ld on the
day of
1965.
ll&SOLUTION
B. it resolved by the City Commi..ionere of the City of Clearwater,
Florida, In rel\11ar .eaUn. au.bled, that the Mayor and City Manager
of eaid City b., ..nd they hereby are, authorized to enter into an
agre.ent with the Atlantic Coa.t Line Railroad C01Ilpany, and to sign
.... on behalf of 1I&1el City. wHreby the Cityaad aaUro&d Company
mutually undertak.. to tnetall fla.hinl light algnal. at cro..ings of
new My1!'tle Avenue, 2,029 feet n01!'th of MU. Po.tlll-8Sl. Clear_t.r,
Florida, a. protection to traveUng public. Be it understood tba.t Rail-
road will provid.0plans, procure material. and install slgnal. by its force. on
basia of actual C08t beina borne by the City .s 800n as pr..ctical aft.r approval
of the agre..nt. RAilroad ,,111 procur. materials and in.tall .... by it.
forc.. according to .tandard plans and .pacificatione, put into .ervice and
thereafter bill the City for 1001 of actual cost, including u.ual overhead
and co.tol accounting, which bill City a.re.. to reimbur... Railroad Company.
Railroad will thereafter opet'ata and _intain e1gnale a.t Railroad'. expen..;
..11 a. particularly described in said ..gl'....nt. whicb agr..ant 18 dated
, 1965, a copy of which agr.ement 18 ftled with
the City Commissioner..
I c.rtify the above to b. a true
and correct copy.
Clerk.
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