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HomeMy WebLinkAboutR-01522RESOLUTION NO. 152E. A RESOLUTION AUTHORIZING THE OITY MANAGER TO Bk. ROUTE AGREEMENT, FOR AND ON HEHALP OF aim OF MIAMI, WITH THE FLORIDA EAST 00A8T RAILWAY OOIPANI FOR GRADE CROSSING AT S. W. let STREET. WHEREAS, it is deemed necessary by the Commission of the City of Miami that 3. W. First Street be opened for the use of traffic across the right-of-way of the Florida list Coast Rail- way Oompany, and WHEREAS, it is necessary that the City enter into an agree- ment with the said Florida Bast Coast Company for the right and privilege to use ae an easement for crossing purposes only that certain part of the right-of-way of said Railway Company as des- cribed below and according to tiie terms and conditions herein- after set forth, NOW, THEREPO RR, BE IT RESOLVED by the Commission of the City of Miami: 1: That the City of Miami, Florida, does hereby contract and agree with the Florida East Coast Railway Company, a oorpora- tion, for the right and privilege to use as an easement for crossing purposes only that c..:gin part of the right-of-way of said Railway Company in the City of Miami, Florida, as desorib- ed below and according to the teams and conditions hereinafter set forth. 2: That the City Manager and the City Clerk of said city are hereby authorized and direoted to execute said agreement for and on behalf of said city in the following form, to -wit: THIS AGRElialiT, Made between FL OR IDA 3L51' COAST RAIL- WAY 0WAXY , a corporation organized and existing under the laws of Florida, party of the first part, and the City of Miami, a municipal oorporation, organized and existing under ti ,...pre o Florida, party of the [second part: O' +T1 V wlTH/ssET$t That the party of the first part, for and in c anc i tlittQe "::' C J MENT INDEX ITLI`v1 N0 /a " tion of the oovrnants and agreements herein oonteined to be per.. formed and kept by the party of the eeoond part, does hereby give and grant unto said party of the second pert and its enooessolr the right and privilege to US as an easement for oroesing purpeeee only that part of the right-of-way and property of the party of the first part in the Oity of Miami, in Dade Oounty, Florida, et the 10- oation and as deeoribed as follows: An easement 50 ft. in width Borth and South and 103.5 ft. in length cast and West, said crossing being a continua- tion of what is known as Southwest First Street in said Oity of Miami; all as indicated in yellow on the blue print of Part Plan B.F.6-B, dated 6-5-24, attached here- to and made a part hereof. IT IS UIIDSRSTOOD AID AGRIOD: 1. Tha t said easement shall be used for oroastng purposes on- ly, and that no pipe, wire, rail or ether line or structure, shall be plaoed in or on said right-of-way or easement by the party of the se- cond part, without the previous oonsent in writing of the party of the first part. 2. That the party of the second part shall furnish all mater- ial, pay the cost of the installation and maintenance of all paving in said crossing over the property of the party of the first part from right-of-way line to right-of-way line. 3. That the party of the f it s t part shall have the right to make any changes ar alterations in its existing tracks, or to install such additional traoks over said easement as may in its judgment be- come necessary, and the party of the seoond part agrees to bear the cost of re -placing all pavin.; which may be removed ar destroyed in making such changes or alterations to existing tracks, or in install- ing additional tracks. 4. the party of the second part agrees to furnish all material for and to pay the cost of the installation and maintenance of ne- cessary pneumatic gates at said crossing. 5. The party of the first part agrees to provide and pay the operators required to operate the pneuina tic gates provided for in paragraph 4 hereof. 6. The party of the second part agrees not to take any action that willprevent or tend to prevent the operation of trains ever said oroesing. 7. The provisions and stipulating of this 'greenlet are a part of the oonaideration for the granting of the above privileges and easements, and in the event that the party of the second pert, or its euooessora, shall fail to oomph with any of said oovanants and conditisas, then this license shall be veil and said easement shall terminate, ' with the full right on the part of the party of the first part to re-enter and re -possess the same if it shall se eleot. IN WITNESS WHERE. the said party of the first part has caused this agreement to be signed in its name by its General Man- ager and its corporate seal to be hereto affixed, attested by its ♦seistantSeoretary, and the party of the seoond part has caused this agreement to be signed in its name by its City Manager, and its oorporate seal to be affixed, attested by its City Clerk, pur- suant to resolution duly adopted by its City Commission., an this day' of , A. D.:a924. Signed, sealed and de- livered in the presence of: FLORIDA FIST COAST RAILWAY O iPAJT By Attest: General Manager .Leto Railway Company . Assistant Secretary As to City of Miamf. T� CITY OP MIAMI By Attest; C 1 ty Manager City Zlark 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADCTTED this let day of July, A. D. 1924. 4IiTY COMMISSION 1 MEETING OF J U L RESOLUTION NO. 10%s�- REMARKS: