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1982-069
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1982-069
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Last modified
3/14/2023 9:31:13 AM
Creation date
3/14/2023 9:30:57 AM
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Resolutions
Resolution Number
1982-069
Approved Date
07/21/1982
Subject
Authorizing execution of a railroad crossing agreement for Sounth Winter Beach Road
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i <br />L 4 <br />[ 40 <br />7. It is further mutually agreed by and between the parties hereto <br />that as this agreement is for the term of one year, if said Road Department <br />holds over and remains in possession of the hereby licensed privileges after <br />the expiration of such term, or of any renewals thereof, this agreement shall <br />be considered as renewed, unless thirty (30) days' written notice of the <br />termination of the same has been or is given by said Trustee, and shall <br />continue in effect from year to year, subJect to the same terms and conditions <br />as herein contained, until terminated by said Trustee by giving thirty (30) <br />days' notice in writing to the Road Department of his intention to terminate <br />the same as herein provided, or as provided in paragraph 8 hereof. <br />8. That this agreement is terminable (without prior notice to <br />Road Department) by the Trustee or his successors, including Receivers <br />in Equity, or the assigns of the Estate, at their option, upon the discharge <br />of the Trustee as such, or upon the discharge of any succeeding Receiver or <br />Receivers in Equity, any fixed period of time o:• any ether thing herein to <br />the contrary notwithstanding, and in the absence of such cancellation, all <br />rights of said Trustee hereunder shall inure to the benefit of his <br />successors or the assigns of the Estate, <br />9. It is further mutually understood and agreed by and between <br />the parties hereto that at the termination or the cancellation of this agree - <br />went, for any cause, or upon termination of Road Department's use of the <br />crossing herein licensed, the Road Department shall remove, at its entire <br />cost and expense, all improvements placed by it upon the said Railway's <br />right of way and restore the ground to its original condition. <br />10. Any crossing protection of any type or class whatsoever <br />that tasy be required at this public road crossing; by ordinance or other ^sem <br />lotion of Road Department, or by other govsramental body or bodies having; power <br />to promulgate or enforce regulations, or that may be required by the Eailway, <br />shall be prorided and inetallod by the Railway. and Road Department agrooe to <br />reimburse the Railway upon receipt of bills for 90 per cent of all coat oS au,ch <br />installation. <br />
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