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11/5/1957
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11/5/1957
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7/23/2015 9:40:41 AM
Creation date
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
11/05/1957
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shall be constructed and maintained under the supervision of an authorized representative of <br />the Railway, and Second Party agrees to reimburse the Railway for all cost of such supervision - <br />and Second Party further agrees to bear all cost of any necessary changes required in the Rail-' <br />way's facilities or those of any other party, including any changes in any pole and wire line <br />installed on the Railway's right of way whether owned by the'Railway or otherwise, and Second <br />Party agrees to furnish all material and labor required for, and to install and maintain in <br />good operating condition, all necessary drainage facilities required on account of the con- <br />struction, location or existence of said road crossing, all to be subject to the approval of '¢ <br />an authorized representative of the Railway. <br />3. If to comply with the requirements and orders of the laws of the State of Florida <br />or other governing body having power to promulgate or enforce regulations or any agreement <br />with the Railway pertaining thereto, it becomes necessary hereafter to modify or change the <br />number, elevation, alignment or otherwise modify or change the location of said Railway's <br />tracks, works or operation on its right of way or modify or change the elevation, alignment <br />R <br />or location of the said crossing across the right of way and tracks of the Railway, all costs <br />,N <br />and expense of any nature whatsoever that may be required by such changes, modifications or <br />additions by the presence of said right of way and crossing shall be paid for solely and entire4 <br />ly by the Second Party and the maintenance and operation of such right of way and crossing r <br />under each modified or changed condition shall be borne solely and entirely by the Second <br />Party and such changes, modifications or additions may be accomplished only in accordance <br />with plans and specifications approved by the Railway, and the execution of the work under such'. <br />plans and specifications shall be subject to the supervision, inspection and approval of the <br />Railway. <br />4. The Railway reserves the right to make any desired changes at any time in its <br />existing tracks or other facilities, or to install, maintain and operate any additional track <br />or tracks or other facilities on its right of way at said road crossing, and Second.Party <br />agrees to bear the entire expense of any changes in paving or additional paving required on <br />account of such changes or installations made by the Railway. <br />5. Any crossing protection of any type or class whatsoever that may be required at <br />this public road crossing by ordinance of other regulation of Second Pa rty, or by other governt <br />mental body or bodies having power to promulgate or enforce regulations, or that may be re- <br />quired by the Railway, will be provided and installed at the sole cost and expense of Second <br />Party. <br />k <br />6. Second Party agrees to relieve the Railway from assessments or other changes of <br />any kind whatsoever against the Railway at any time for any public improvements installed on <br />or adjacent to said crossing or arising out of the existence of said crossing. <br />7. All expense in connection with any changes made in the Railway's automatic block <br />signal transmission line and signals, or in changing any other pole and wire lines now located <br />on the Railway's right of way, whether owned by the Railway or otherwise, shall be wholly borne; <br />by Second Party, all such costs incurred by the Railway or -its tenants, or corporation holding'!I:' <br />W <br />contract or statutory easements for such wires and poles shall be wholly paid by Second Party <br />J <br />r <br />1 <br />1 <br />0 <br />1 <br />1 <br />
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