71-AACo., attached hereto and made a part hereof, and,
RESOLUTION NO. 71-AA
WHEREAS, the City Council of the City of Boynton Beach has previous-
ly determined the necessity for installation of automatic safety gates at six (6)
certain railway crossings within the City of Boynton Beach, more particularly
described in copy of proposed Agreement with the Florida East Coast Railway
in addition, has approved
the content and form of said Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
THAT the Mayor and the City Clerk be, and they are hereby authorized
to execute subject Agreement with the Florida East Coast Railway Co. on
behalf of the City and, further;
THAT with regard to the payment of the City's proportionate share of
subject project, more particularly set forth in Paragraph two (2) of the Agree-
ment, that the City Finance Director be, and she is hereby authorized, to trane
fer from the City's unappropriated surplus fund, the sum of Thirty-six Thou-
sand ($36,000.00) Dollars, and to invest same in certificates of deposit or
savings accounts at the highest interest rate obtainable in the name of the
"City of Boynton Beach, Florida, in trust for the Florida East Coast Railway
Co. ", and that from said accounts sufficient amounts be withdrawn and for-
warded to the Railway Co. in payment of the City's financial obligations under
subject contract, on their respective due dates, with the City retaining all
accrued interest thereon.
PASSED AND ADOPTED this ]~day of August, A.D., 1971.
ATTEST:
City Clerk
CITY OF BOYNTON BEACH, FLORIDA
CORP SEAL
~,,.. ,-'FITH & MOORE
POST OFFICE BOX ?60
AGREEMENT
THIS AGREEMENT, made and entered into in duplicate this
day of
, A. D, 1971, by and between FLORIDA EAST COAST
RAILWAY COMPANY, a Florida corporation, hereinafter called, "Railway,"
and CITY OF BOYNTON BEACH, a municipal corporation of the State of
Florida, (Address: 120 N.E. Second Avenue, Boynton Beach, Florida, 33435)
hereinafter called, "Second Party";
WITNESSETH:
WHEREAS, the Second Party presently possesses the right and privil-
ege to use as crossings for public road and sidewalk crossing purposes, six
(6) strips of land of the railway in Palm B~ach County, Florida, extending
easterly and westerly across Railway's right of way and over its tracks, with
the easterly-westerly center line of said strips of land intersecting the center
line of Railway's main tracks at the following Railway Mile Post locations, as
measured from Jacksonvil~le, Florida, with total northerly and southerly
of said strips of land as follows:
M.P. LOCATION
310 + 4102
311 + 1551
311 + 4819
312 + 5130
313 + 848
313 + 3517
NAME OF STREET
No E°
N.E.
N.E.
S.E.
S.E.
S.E.
WIDTH
22nd Ave. public Road Crossing 75'
15th Ave. Public Road Crossing 50'
6th Av~. Public Road Crossing 50'
12th Ave. Public Road Crossing 60'
15th Ave. Public Road Crossing 50'
23rd Ave. Public Road Crossing 50'
As shown on Railway's prints of Plans for the above mentioned Mile
Post Locations, each dated July 12, 1971, attached hereto and made
a part hereof; and
WHEREAS, the parties have agreed that it is essential to the mainten-
of the inhabitants
ance of the health, safety and welfare/of the ,Second Party and other parties
utilizing said crossings that all of same be protected by automatic crossing
gates.
NOW, THEREFORE, in consideration of the sum of One ($1.00) Dollar
in.. hand paid by the Second Party to the Railway, the receipt of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. That each of the hereinabove described public road crossings shall
be protected by automatic gate arm addenda to be added to existing T-red
~ignals with bell at an estimated cost of $72,000.00, with said cost to be di-
vided equally between the Railway and Second Party. That said automatic
crossing protection devices shall be owned and maintained by the Railway at
all times. Second Party agrees to pay the sum of $325.00 per year for each
crossing toward the cost of maintaining said automatic crossing protection
device s.
2. That the Railway shall immediately undertake the installation of
the automatic crossing protection devices described in Paragraph One herein-
above and shall complete said installation at the earliest possible date. That
the Second Party shall pay to the Railway its proportionate share of said in-
stallation cost in the following manner:
1/4 upon completion of said project;
1/4 one year after date of completion;
1 4 two years after date of completion;
1/4 three years after date of completion; all without interest.
Maintenance costs shall be paid annually 5y Second Party upon receipt of billing
IN WITNESS WHEREOF, Florida East Coast Railway Company and the
Second Party have each caused this instrument to be executed in their corpor-
ate names and respective seals to be h~reunto affixed in duplicate the day first
hereinabove written by their undersigned officials thereun~to lawfully authorize(
'Signed, sealed and
delivered in the
2e of:
FLORIDA EAST COAST RAILWAY COMPANY
a Florida corporation
By:
President (SEAL)
As to Railway
As to Second Party
'APPROVED AS TO FORM:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
By:
Mayor (SEAL)
Atte st:
City Clerk (SEAL)
CRIFFITH & MOORE
TTORNEY$ AT LAW
City Manager
City Attorney
-2-
V
.DE. ON
' F!.,': ...................... ..~, ...... , ..... --
· "1 ............... ' '""'":"" ~ ~' "':"-. ";,Y
C'2MPANY
'"1 ~blzc Sidewa~ Crossing for:
Road
&
~ '[~_p~_~p~$on Beach ...................
o. m
Pabli¢ Road & Sidowalk Crossing for:
._C~i.ty_ of Boy~.ton Be~ch
313 + 848
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