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Contract - Florida East Coast Railway - Crossing Construction - 09-10-1956RESOLUTION No. A RESOLUTION AUTHORIZING THE CITY OF EDGEWATER, FLORIDA, TO ENTER INTO A CONTRACT WITH JOHN W. MARTIN, AS TRUSTEE OF THE PROPERTY OF THE FLORIDA EAST COAST RAILWAY COMPANY IN REGARD TO THE CON- STRUCTION OF CROSSINGS OF CERTAIN DESIGNATED STREETS IN THE CITY OF EDGEWATER OVER SAID RAILWAY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: The Mayor and City Clerk of the City of Edgewater be, and they are hereby, authorized to enter into a contract with John W. Martin as Trustee of the property of Florida East Coast Railway Company in regard to the construction of railway crossings by said streets in the City of Edgewater, Florida. Section 2: The streets for which crossings are to be constructed are Indian River Boulevard, Twentieth Street, and Ocean Avenue. Section 3: The City of Edgewater shall in said contract be known as the Party of the Second Part, and shall contract with said trustee and covenant with said trustee as follows: 1. That said crossings shall be used for crossing purposes only, and no pipe, wire, rail or other line or structure shall be placed in or on said right of way or crossing without the previous con- sent in writing of said Trustee. 2. Second Party agrees that it will, at its sole cost, furnish all equipment, material and labor required for, and will perform all work in connection with all construction, opening, widening, improv- ing or extending said crossings from right of way line to right of way line of the Railway, as above described, including the portions of said crossings over and across the Railway's existing or future tracks and over and between the ties therein, which portions of said crossings shall be constructed under the super- vision of an authorized representative of the Railway and shall be maintained by and at the sole cost of the Railway, and Second Party agrees that it will, at its sole cost, maintain the other portions of said crossings on the Railway's right of way, and Second Party further agrees to bear all cost of any necessary changes required in the Railway's tracks on account of said work to be performed by Second Party on said crossings, together with all cost of any changes required in any pole and wire lines installed on the Railway's right of way, whether owned by the Railway or otherwise, and Second Party further agrees to furnish all mater- ial and labor required for, and to install and maintain in satis- factory operatin„ condition, all necessary drainage facilities required on account of the construction, location or existence of said crossings, all to be subject to the approval of an author- ized representative of the Railway. That the said Trustee may, at his option, at any time hereafter, change the existing tracks, put in, maintain, and operate an addi- tional track or tracks over or across said crossings and the said Second Party hereby agrees to bear all expense of removing and - 1 - replacing any paving made necessary by changes in existing tracks or by the installation of additional tracks. 4. If to comply with the requirements and orders of the State of Florida, or of any governing body paving power to promulage or enforce regulations, or any agreement of the Trustee pertaining thereto, it becomes necessary hereafter to modify or change the number, elevation, alignment, or otherwise modify the location of said Trustee's tracks, works or operations on Florida East Coast Railway Company's right of way, all cost and expense that may be required by such changes, modifications or additions by the pres- ense of said crossing shall be paid for solely and entirely by said Second Party; and the maintenance and operation of such crossing under such modified or changed conditions will be borne solely and entirely by the Second Party, excepting that the cost of mainetn- ance of crossing over the ties and rails of the tracks of the Railway shall be borne by the Trustee. 5. Second Party will not take any action that will prevent or tend to prevent or interfere with the normal operation of trains or other equipment of the Railway over said crossings. 6. The provisions and stipulations of this agreement are a part of the consideration of the giving and licensing of the above priv- ileges and in the event the Second Party shall fail to comply with any of the covenants and conditions, then this license shall be void and said described license shall terminate, with full right on the part of the Trustee to re-enter and reposses the same, if said Trustee shall elect to do so. 7. This agreement may be terminated by the Trustee during any term hereof upon giving thirty (30) days notice in writing to the Second Party of his intention tot3rmirate the same. B. The Second Party grants unto the Trustee, all necessary permits for the Installation, construction, erection, repaid and mainten- ance of any of the facilities, work or fixtures mentioned or contem- plated in and by this agreement, said Trustee to give Second Party forty-eight hours' notice of intention to perform any such install- ation, construction, erection, repair and maintenance. 9. Any automatic flashing light andfor gate or other crossing protection devices of any type or class whatsoever, which may be required at any time at these public crossings by regulation or resolution of Second Party, or by the Railway, or by an govern- mental body or other authority having power to promulgate or en- force regulations, shall be provided, installed, maintained and operated by the Railway, at the sole cost of Second Party, and Sec- ond Party hereby agrees to accept and pay promptey y all bills rendered by the Railway for the material and labor furnished by it for such installation, maintenance and operation, Second Party also agrees to accept and pay promptly the bills of the Railway for material and labor reouired for any changes to be made in the crossing protection aforesaid, whether such changes be required by regulations above described, or to conform with any changes, modifications or additions to the tracks, works or operations of the Railway acorse or adjacent to said crossings. 10. It is further mutually agreed by and between the parties hereto that as this agreement is for the term of one year, if said Second Party holds over and remains in posseession of the hereby licensed privileges after the expiration of such term, or of any renewals thereof, this agreement shall be considered as renewed, unless thirty days' written notice of the termination of the same has been or is given by said Trustee and shall continue in effect from year to year, subject to the same terms and conditions as herein con- tained, or until terminated by said Trustee by giving thirty days' notice in writing, to the Second Party of his intention to terminate - 2 - the same as herein provided, or as provided in paragraphs 7 and 11 hereof. 11. This agreement is terminable by the Trustee, or his successors, or the assigns of the Trusteeship Estate, at their option, upon the discharge of the Trustee as such, any fixed period of time or any other thing herein to the contrary notwithstanding,and in the ab- sence of such cancellation all rights of said Trustee hereunder shall inure to the benefit of his successors or the assigns of the Trusteeship Estate. 12. Second Party agrees to pay upon the execution and delivery of this agreement, the full amount of any documentary stamp taxes reouired to be affixed to this agreement under the laws of the United States of America, the State of Florida, or both. The above Resolution was read in full and passed by the vote of the City Council of the City of Edgewater, Florida, at a regular meeting on the loth day of September, A. D. 1956. The vote of said Council was on roll call as follows: /l OLOF O✓o oEa wz.�Gi _ 1-[a or Councilman '� City l � City Clerk Councilman Approved this loth day of September, A. D. 1956. Mayor 7 l WIM