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1984-049
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1984-049
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Last modified
4/20/2023 3:16:20 PM
Creation date
4/20/2023 3:15:56 PM
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Resolutions
Resolution Number
1984-049
Approved Date
07/18/1984
Subject
Approved the Agreement with the FEC Railway Co. regarding the 8th Street crossing
as recommened by staff & adopted Resolution authorizing the execution of same
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n <br />2. This Agreement is for the term of one (1) year, if <br />SECOND PARTY holds over and remains in possession after the <br />expiration of such term or of any renewals thereof, this <br />Agreement shall be considered as renewed unless sixty (6U) <br />days' written'notice of the termination of same has been or <br />is given by the RAILWAY and shall continue in effect from <br />year to year, subject to the same terms and conditions as <br />herein contained. <br />3. The provisions and stipulations of. this Agreement <br />are a part of the consideration of the licensing of the <br />crossing site, and in the event the said SECOND PARTY shall <br />fail to comply with any of the covenants and conditions, then <br />this Agreement shall be void and shall terminate with full <br />right on the part of. the RAILWAY to re-enter, repossess, and <br />remove the crossing if: it shall elect to do so. <br />4. The SECOND PARTY hereby grants unto the RAILWAY <br />necessary permits for the installation, construr'-i-n, <br />erection, repair, and maintenance of any of the RAILW,.Y owned <br />or maintained facilities described in this Agreement. <br />5. Unless otherwise specified, the cost of removal, <br />installation, construction, maintenance and replacement of <br />all facilities at the crossing site, including but not <br />limited to the crossing structure and railroad and highway <br />devices, whether performed by the SECOND PARTY or RAILWAY, <br />shall be the sole responsibility of: the SECOND PARTY. <br />Further, cost for annual maintenance of the railroad devices <br />as defined in Paragraph 8, shall be the sole responsibility <br />of the SECOND PARTY. The RAILWAY may, at its option, perform <br />such maintenance and replacement work and bill the SECOND <br />3 <br />
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