HomeMy WebLinkAboutAgreement_General_3/1/1966_FECI
THIS AGREEMENT, made in duplicate this 8th day of March, 1966,
by and between Florida East Coast Railway Company, a Florida corporation,
hereinafter called "Railway", and Village of Tequesta, a municipal corpora-
tion, of the State of Florida, hereinafter called "Second Party".
W I T N E S S E T H:
That the said Railway, for and in consideration of the sum of
Ten (110.00) Dollars and the covenants and agreements herein contained to
be performed and kept by Second Party, does hereby give and license unto the
said Second Party the right and privilege to use as a pedestrian sidewalk
crossing for public purposes only, that part of the right of way and property
of said Railway in the County of Palm Beach, Florida at the location described
as follows:
A strip of land with uniform width of four (4) feet,
h Foot extending easterly and westerly across the ri;ht of
SIDE..,7ALK SOUTH way and over the main tracks of the Railway on the
EDGE Or TEQUESTA south side of Tequesta Drive, with longitudinal cen-
DRTVE R.`W AS terline of said four foot strip of land intersecting
E'!7777DED ACP.OSS the centerline of the Railway's northbound main track
FATI;:•iAY RIW at a point located 4,134.2 feet southerly from Rail-
TEQUESTA, FIA. way's Mile Post No. 281, as measured from Jacksonville,
Florida, with said right of way at point of said crossing
having a total width of two hundred (200) feet more or
less, being one hundred (100) feet in width on each side
cf~Railway's Main Northbound track.
As shown on Railway's print No. 281 + l,3096.21, dated
March 8th, 19660 attached hereto and made a part hereof.
TO HAVE AtM TO U.SE the said rights, privileges ancalicenses sole-
ly unto the Second Party for the term of one year from date hereof, subject to
renewal as provide' in Paragraph 7, hereof, or until terminated as herein-
after provided.
In cor.51deration.of the rights, privileges and licenses hereby
given b^ the Railway unto Second Party, Secon¢ Party covenants and agrees
with the Railway as followst
1. Second Party agrees that said sidewalk crossing shall be used
for public pedestrian crossing purposes only, and no pipe, wire, rail or other
line or structure shall be placed in or on said right of way of the Railway
without previous consent in writing of the Railway.
2. Second Party agrees that it will, at its sole cost, furnish
all material, equipment and labor required for and will perform all work
required in connection with the installation and maintenance of said sidewalk
or with any future widening or improvements thereof at this crossing, from
right of way line to right of way line of the Railway, including the portions
of said crossing across the Rall-ay's existing or any future tracks from head
of tie to head of tie, which portion of said crossing shall be pa-ed with
rock and asphalt, and with timber flangeways on each side of rails; said
timber flangeways shall be installed by Railway forces at Second Party's
expense, the remaining portion of said crossing from head of tie to head
of tie shall be constructed and maintained by Second Party under the super-
vision of an authorized representative of the Railway. Second Party agrees
to bear all cost of any necessary change in the Railways tracks, driveways
or other facilities, and any changes required in any pole and wire lines in-
stalled on the Railway's right of way due to any widening or improvements
in said sidewalk cro-sing, whether owned by the Railway or otherwise, and
Second Party further agrees to furnish material and labor required for and
install and maintain in good operating condition all necessary drainage facili-
ties or the extension of any existing drainage facilities required on account
of the location or existence of said crossing, all subject to the approval of
an authorized representative of the Railway.
3. The Railway reserves the right to make any desired changes at
any time in its existing tracks or other facilities or to install, maintain
and operate any additional track or tracks or other facilities on its right
of way at said crossing, and Second Party agrees to bear the entire expense
of any change in paving or additional paving required on account of such
changes or installations made by the Railway.
la. If, to comply with the requirements and orders of the State of
Florida, or any governing body having power to promulgate or enforce regulations,
2.
it becomes necessary hereafter to modify or change the number, elevation,
alignment, or otherwise modify the location of the Railway's tracks, works,
or operations on the Railway's right of way, all cost and expense that may be
required by such changes, modifications or additions by the presence of said
sidewalk shall be paid for solely and entirely by said Second Party, and the
maintenance and operation of such sidewalk crossing under such modified or
changed conditions will be borne solely and entirely by Second Party.
5. Second Party shall not take any action that will prevent
or tend to restrict the operations of trains over said crossing.
6. Second Party hereby grants unto Florida East Coast Railway
Cmmnanv all necessary permits for the installation, const.ructinn, erection,
repair and maintenance of any of the facilities, work or fixtures mentioned
or contemplated in any by this agreement, and Florida East Coast Railway
Company shall give Second Party forty—eight (48) hours' notice of intention
to perform any such installation, construction, repair, erection and maintenance.
7. It is further mutually agreed by and between the parties hereto
that this agreement is for the term of one year, if said Second Party holds
over and remains in possession of the hereby licensed privileges after the ex—
piration of such term, or of any annual renewal hereof, this agreement shall
be considered as renewed for one year (unless thirty (30) days' written notice
of the termination of the same har, been or is given by said Railway) subject
to the same terms and conditions as herein contained.
8. It is further mutually understood, and agreed by and between
the parties hereto that at the termination or the cancellation of this agree—
ment, for any cause, or upon termination of Second Party's use of the sidewalk
crossing, herein licensed, Second Party shall remove, at its entire cost and
expense, all improvements placed by it upon the said Railways right of way.
and restore the ground to its original condition.
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