87-R-9RESOLUTION NO• 87- -
THE CITY
THE APPROPRIATE
TO ENTER INTO
COAST RAILWAY
THE EXISTING
REPEALING ALL
ND PROVIDING
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1: That the appropriate City officials are hereby
authorized to enter into an agreement with the Florida East
Coast Railway Company for the railway to rebuild the existing
at -grade crossing at Ocean Avenue.
SECTION 2: A copy of said Agreement is attached to this
Resolution and by reference incorporated herein.
SECTION 3: That all resolutions or parts or resolutions
In conflict herewith be and the same are hereby repealed.
SECTION 4: That this Resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of
Edgewater, Florida, at a regular meeting of said Council
held on the 2nd day of February 1987, and
approved as provided by law,
This Resolution was introduced and sponsored by Councilman
Rotundo and was read and passed by a vote of the
City Council of the City of Edgewater, Florida, at a regular
meeting of said Council held on the 2nd day of February
198 7 , and authenticated as provided by law,
ROLL CALL VOTE ON RESOLUTION NO, 87-R-9 AS FOLLOWS:
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Authenticated this 2nd
daY of February
198
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-2- Res, 87-R-9
This agreement, effective as of , 198_,
is between the FLORIDA EAST COAST RAILWAY COMPANY, a Florida
corporation, P. 0. Box 1048, St. Augustine, FL 32085-1048,
("RAILWAY") and CITY OF EDGEWATER, FLORIDA, a Florida munici-
pality, P. O. Box 100, Edgewater, FL 32032, ("CITY").
In consideration of Ten Dollars ($10.00) and other good
and valuable consideration, including provisions of this
agreement, the parties agree as follows:
1. RAILWAY agrees to rebuild the existing at -grade
crossing at Ocean Avenue, Mile Post 127 + 2,015 feet, the
subject of an Agreement of February 6, 1967, between the
RAILWAY and the CITY, by removing the present existing Type
"G" crossing, installing a 34-foot wide Type "T" modified
crossing and replacing the asphalt.
2. Parties agree that the estimated cost of removing
the existing crossing and installing the Type "T" modified
crossing and replacing the asphalt is Fifteen Thousand Four
Hundred Dollars ($15,400.00).
3. CITY agrees to pay the actual cost of rebuilding the
crossing. Payments are to be made based upon the estimated
Cost of Fifteen Thousand Four Hundred Dollars ($15,400.00) at
an interest rate of Ten Percent (10%) per year over a four-
year period. Each installment is to be Four Thousand Six
Hundred Twenty Dollars ($4,620.00) per year; however, the
last installment will be adjusted to reflect the estimated
and the actual cost, if any.
4. The terms of this agreement will supersede any con-
flicting provisions of any previous agreements. All other
provisions of those agreements are ratified and reaffirmed.
5. This agreement constitutes the entire understanding
of the parties and can only be modified by written agreement
of both parties. It will be construed according the the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties have caused their
authorized representatives to execute this agreement in
duplicate original on the dates shown below their respective
signatures.
Witnesses: FLORIDA EAST COAST RAILWAY COMPANY
By:
President
Attest:
Asst. Secretary
Date:
CITY OF
EDDGEWATER, F,LOQRRIIDA
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Title:
Mayor
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Attest:
Title:
City Clerk/Administrator
Date:
February 5. 1987
2
.w, of Ebgewater-"
POSTOFFICE BOX ID0
EDGEWATER, FLORIDA32032
May 26, 1987
Resolution No. 87-R-9 is not needed, as a result
of a telephone call from Mr. R. W. Fondren, Chief
Engineer of Florida East Coast Railway Company,
this date. He stated the Agreement will not be
executed by them due to the fact that payment was
agreed to be in a lump sum rather than in install-
ments.
Cornelia
City Clerk/Administrator
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