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62-GGGRESOLUTION No. 62-GGG WHEREAS, in the opinion of the City Council of the CITY OF BOYNTON BEACH, FLORIDA, it is deemed advisable and necessary for the CITY OF BOYNTON BEACH, to enter into an Agreement with FLORIDA EAST COAST RAILWAY COMPANY providing for the construction, installa- tion and maintenance of crossing protection devices at various grade crossin over the tracks of the Railway consisting of synchronization of City traffic lights with the Railway Company's track circuits at the following public street crossings in the City of Boynton Beach, Florida, viz: (A) N.E. 22nd Avenue MP310 + 4102' (B) N. E. 15th Avenue MP 311 + 1551' (C) N. E. 6th Avenue MP 311 + 4819' (D) S. E. 23rdAvenue MP 313 + 3517' (E) S,E. 12th Avenue MP 312 + 5130' (F) S. E. 15th Avenue MP 313 + 848' with the furnishing by the Railway of all labor and materials and installation by it of required track circuits with necessary relays for control of vehicular traffic across said grade crossings in synchronization with the City traffic lights; and WHEREAS, a form of Agreement between FLORIDA EAST COAST RAILWAY COMPANY and the CITY OF BOYNTON BEACH, providing for the installation, construction and maintenance of said crossing protection facilitie~ and the allocation of cost and expense therefor between the City and the has been prepared and a copy thereof attached hereto; and WHEREAS, the City has made an investigation and study and having der ermined that the current budget contains sums under contingencies and other subdivisions, adeqaute and sufficient to defray the City's payment to the Railway under the aforesaid Agreement, such estimated costs to be by the City to the Railway thereunder having been appropriated and set aside for the exclusive purpose to pay such sums; NOW, THEREFORE, be it resolved by the City Council of the CITY(DF BOYNTON BEACH, FLORIDA: 1. That the CITY OF BOYNTON BEACH, a municipal corpora- tion under the laws of the State of Florida, acting by and through its City Council, does hereby agree to and enters into the Agreement with the FLORIDA EAST COAST RAILWAY COMPANY above referred to, wherein and whereby, at the expense and costs of the parties as therein provided, among other matters, traffic signals of City shall be synchornized with Railw~ track circuits a~ the following locations: (A) N. E. 22nd Avenue MP 310 + 4102' (B) N. E. 15thAvenue MP 311 + 1551' (C) N. E.' 6th Avenue MP 311 + 4819' (D) S. E. 23rdAvenue MP 313 + 3517' (E) S. E. 12thAvenue MP 312+ 5130' (F) S. E. 15th Avenue MP 313 + 848' 2. That the Mayor, with the attestation of the City Clerk, be and they each are hereby authorized and directed to execute the said Agreement for and on behalf of the CITY OF BOYNTON BEACH, a municipal cor of the State of Florida. 3. That a certain Resolution enacted by the City Council of the CITY OF BOYNTON BEACH, FLORIDA, on August 3, 1953, providing for the execution of a certain Agreement between the CITY OF BOYNTON BEACH, FLORIDA, and the Trustees for the FLORIDA EAST COAST RAILWAY COM a copy of said Resolution being attached hereto and hereby made a part hereof, is hereby rescinded, cancelled and declared null and void. -2- (CORPORATE SEAL) City Cle rk,~ This resolution shall take effect immediately upon its passage. CITY OF BOYNTON BEACH. FLORIDA /'/:~ - '.. a.: 'do~ cilman -3- AGrEEMeNT ............ =,.,. made tins day of ~, D. 1982, by ara] aetween the CITY OF }~]OYNTON BleACH, :, municipal cor~ration of the ,~tate of Florid,, (Address: Bo,, nton Beach, Florida), here~er called ~'CITY'~) and FLORIDA ~]3S~': COAST RAILWAY COMPANY, Florida corporation, {hereinafter calleo: itglLWA Y"), W IT N E S S E T H: WHEREAS. the RAILWAY and the CITY are mutually desirous of providi~g for the construction, installation and maintenance of cros~ing /~ote(~tion at various crosgtn&s over the tracks of th~ ~AIEWAY located w/thin the municipal limits o£ the City. consisting of 8yn©h~miz~tion of traffic lights with railway track ci,cuit~, all as hereinafter more fully described, NO1%', THEREFORE, in consideration of th~ premises and of the mutual eov~nanta upon eaci~ of the parties to be performed and the benefits to enure unto the parties hereto by virtue h~reof and other good and valuable consideration, it is covenanted and agreed as follows: 1. That automatic crossing protection eom~t~ting of traffic lights ~ynchronized with the Rallway~s track circuits shall be installed at the follow- tn//locations: {a) N, E. (b) N. E. (c) N. E. (d) s. E. (e) S. E. (r) s. (a) Tt~e RAILWAY shall, within days h'om the dmte hereof, furnish all necessary labor and materials and shall install track circuits 22nd Avenue MP 3t0 .t 4102' iSth Avenue MP 3tl + 1551' ;Sth Avenue MP 311 + 4819' 23rd Avenue MP 313 + 3517' 12th Avenue MP 312 + 5130' 15tt~ Avenue MP 313 + 848' necessary relas~s for cont roi of vehicular traffic across said crossings in synchronization with traffic lights. (b) The CITY shall° within days from {he date hereof, furnish all necessary materials required for and shall install traffic signals and necessary appurtenances for controlling, traffic across the Railwa~r's right- of=way and tracks at the above locations, with subgrade conduits being a minimum distance of 3.5 feet below the bottom of ties in Railway's tracks at points of crossing thereunder and shall be installed by the jacking method. (c) That after the installation of said crossing protection at locations "a", "b", "c" and "d" above has been completed and found to be in satisfactory working order by the parties hereto and put into service, the CITY OF BOYNTON BEACH shall pay to the RAILWAY the sum of $4, 000.00 in cash and $16, 000. 00 over a four-year period in four annual payments of $4,000.00 each. (d) The RAILWAY covenants and agrees to bear any expense in excess of $20, 000.00 involved in the installation of crossing protection at abow locations "a", ;'b", "c" and "d". (e) Tl~e RAILWAY further agrees to bear all expense, estimated to cost $19, 000. 00, in connection with installation of said crossing protection at locations 'e" and "f" above, and upon presentation by the CITY of statement showing all materials and labor furnished by CITY for installation of traffic signals and appurtenances at above two locations; the P~I~__I~,WAy 'will promptly pay to the CITY One Hundred percent, (100%) of cost for installation of said traffic signals and appurtenances° 2. The CITY further agrees that the traffic signals at locations "a", "b", "c", "d", "e" and "f" shall be owned and maintained by and at the sole cost of the CITY; that said traffic signals shall continue until such time as the same are, in the opinion of the CITY, no longer necessary or until said crossings are abandoned and closed by the CITY. -2- 3. The RAILWAY further agrees that the track circuits and relays at locations "a", "b", "c:', "d", "e" and "f" shah be owned and main- rained by and at t~e sole cost of the iiglLW,~Y; trmi said track circuits and relays shall continue until such time as the same are, in the opinion of the crrY no l°nser necessary or until said crossings are abandoned and closed by be CITY. 4. That as to each of said crossings, the CITY does ~ereby agree to lmy unto the RAILWAY in advance, the sum of $1. 00 per annum, for the right and privilege to synchronize its traffic lights with the Railway's track circuits. 5. The CiTY hereby grants unto the RAILWAY all necessary permits for the installation, construction, erection, repair, and maintenance of any of the facilities, work or fixture mentioned or contemplated in and by this Agreement, and the RAILWAY shall give the CITY forty-eight (48} hours' notice of intention to perform any such installation, cormtruction, repair, erection and maintenance. 6. The CITY agrees to relieve the RAILWAY from assessments or other charges of any kind whatsoever, except as herein provided, for any public improvements installed on or adSacent to any of said crossings herein described or arising out of the existence of any of said crossings. ~ WITNESS WHEREOF, the parties hereto have caused these presents tO be duly executed in duplicate the day and year first herein written. Signed, aeaied and delivered in tho present of: APPROYED AS TO FORM: ............ City Attornmy ............ cit 'u ger - FLORIDA EAST COAST RAILWAY COMPANY By (Seal) Vice President CITY OF BOYICTON BEACH, a municipal corporation of the State of Florida By ..... Mayor ATTEST: ' ' ...... city eierk -3- (CORPORATE SEAL) RES0I~TI0! ]~. Upo~ ~ottea duly ~ede ~d eecoaded, the follevia~ ~eelmtion va~ ~ ~ IT ILISOL~D 1~ the ~it7 ~mteelll of the ~it7 of l~/aten baeh, n ~aleii~l eorperatiol of the State of Yle~td~, u follm, · l~'e~l of laad vtth ~ifor~ vtdth of ~0.0 feet northerl~ a~d 8outbr~ ~te~tq e~ter~ ~ ~ste~ Axne loeaMd 3~.% f~t mtblter ~o tb Railv~*s Mile Peet ~ ~w~ . ......... ~ ~m -~ A~.v ~eet at t~l loeatiou_ ~ 4.0 ~ A ._ . . ~ All u ~h~m eobre~ 7ellw Wa blm print of the · ailva~,s plaa Corr. file 312-~7, date~ ~a~ 6, 19~3, attaehed to ~atd agreemat a~ b7 refereaee thereto aa~e a part hereof. all aa ~re ful]~ dewertb~ ead ~lr the ~r te~m ~d ~itioas e~ G4 ~ in e~ ef P~d ~mat My en file vtth t~ ~it2 of ~mton ~ ~ori~, ~d ~ refere~e t~te ~e a ~ ~reof. (2) T~t the ~r, vith t~ attestatiea of t~ City ~e~k, ~ ~ t~ ~ ~ ~t~ris~ ud dl~et~ te e~te ~d ~~mt f~ ~ on b~f off ~d Oit7 of ~ton (~) ~t t~o ~o~lution ohll t~ offer bdia~ ~n itl ~lt20le~k ef the Oit7 ef Beyatea ~eaeh