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R07-133 11 RESOLUTION NO. R-07- /33 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE TRANSFER OF THE EXISTING LICENSE AGREEMENT WITH THE FLORIDA EAST COAST RAILWAY FOR THE GRADE CROSSING AT SE 23RD AVENUE, WHICH IS CURRENTLY HELD BY THE CITY OF BOYNTON BEACH TO PALM BEACH COUNTY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is willing to transfer the License Agreement with Florida East Coast Railway regarding the rail grade crossing at Southeast 23rd Avenue to Palm Beach County; and WHEREAS, Palm Beach County wishes to accept the transfer ofthe License Agreement for the Florida East Coast Railway crossing at Southeast 23RD Avenue (Crossing Number 272485- X) from the City of Boynton Beach; and WHEREAS, Palm Beach County agrees to fund the costs associated with the crossing surface at Southeast 23Rd Avenue according to a new License Agreement with the Florida East Coast Railway Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. That the City Commission of the City of Boynton Beach approves and authorizes transfer and Palm Beach County accepts the transfer ofthe License Agreement for the S:\CA \RESO\SE 23RD AVE FEC AGMT.DOC 1 , I Southeast 23rd Avenue crossing from the City of Boynton Beach to Palm Beach County along with the associated costs. Section 3. That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ~ day of November, 2007. CITY OF BOYNTON BEACH, FLORIDA l~o~ payor J-- iJ-- Vice M~YOr '. A ./ ..-' ..'7/1 / ~/ .# ,,,, .~ "'./.... . c......--. ~/, /' _. ~'~ Commissioner 1"'/0/..6' 1'" / . /.f~C'~C /" .... t./ V,/. . /'~ ~. Commissioner./- ./ Attest: M. Prainito, CMC Clerk (C S:\CA \RESO\SE 23RD AVE FEC AGMT.DOC 2