HomeMy WebLinkAboutMinutes Council 070965CITY OF PALM BEACH GARDENS
MINUTES OF SPECIAL MEETING OF THE CITY COUNCIL
JULY 9, 1965
SPECIAL MEETING: Upon call of the Mayor, a special meeting of the City
Council of Palm Beach Gardens was held at 10:00 A.M., on Friday,
July 9, 1965, at the municipal offices of the City, 1001 Park
Avenue, Lake Park, Florida.
QUORUM: After calling the roll, the City Clerk announced that a
quorum of the City Council was present. Councilman Michael E.
Jackson was absent.
LICENSE AGREEMENT Upon motion duly made and seconded, the following Resolution
WITH FLORIDA EAST
COAST RAILROAD AT was passed and adopted:
SHRINER DRIVE:
BE IT RESOLVED, by the City Council of the City of
Palm Beach Gardens, a municipal corporation of the State
of Florida, as follows:
1. That the City of Palm Beach Gardens, a municipal
corporation of the State of Florida, does hereby contract
and agree to enter into an agreement with the Florida
East Coast Railway Company wherein and whereby said City
of Palm Beach Gardens is given the right and privilege
to install, construct and maintain a Public Road Crossing,
as more fully described in License Agreement attached
hereto and made a part hereof.
2. That the Mayor with the attestation of the City
Clerk, be and they hereby are authorized and directed to
execute said agreement for and on behalf of said City of
Palm Beach (Gardens.
3. That this Resolution shall take effect immediately
upon its Passage.
- ADJOURNMENT: There being no further business to come before the meeting,
upon motion duly made, seconded and unanimously adopted, it was
Minutes of Special Meeting of
City Council of June 3, 1965 Page 2
adjourned.
WAIVER AND By his signature to these minutes, each Councilman hereby
RATIFICATION:
waives notice of this meeting and ratifies the actions recorded in
these minutes.
ATTEST:
W. L. CARGILL, C #ty Cllerk
d
Ill elf
W. L-v CA GI d
- a
JxZS F. ` ,E LLE-iu
U
APPROVED:
-� &4
TED DEIA COURT, Mayor
--t--- ,&&-& -
TED DELA COURT
W.
MI¢HAEL E. JAd&SON
RACE S. MILLER
TRTS LICENSE AGRMfMT, Made in duplicate this day of
A.D.Ig65, by and between FLORIDA EAST COAST RAILWAY
COM NY, a Florida corporation, hereinafter called "Railway" and the
CITY OF PALM BEACH GARDENS, a municipal corporation of the State of
Florida (Address: 1(01 Park Avenue, Lake Park, Florida), hereinafter
called "Second Party ";
WITMSVM :
That said Railway, for and in consideration of the am of
ten ($ln.M) dollars and other good and valuable considerations and
the covenants and agreements herein contained to be performed,and kept
by Second Party, does hereby giyn and lic "nee unto said Second Party
the right and privilege to use as a creasing for public road crossing
ptrposes only, that part of the right of way and property of said
Railway in Pala Beach County, Florida at the location described as fo1—
loess
A rectangular shaped parcel of land manuring one hundred
thirty (13W) feet in width northerly and southerly, extend-
ing easterly and westerly across the right of way and tracks
of the Railway at Shriner Road, Palm Beach Gardens, Florida,
with longitudinal centerline intersecting the oenterline of
the Railways main line northbound track at a point located
four thousand three hundred fifty three (4,3531) feet south-
erly from the Railway's Mile Post No. 289 as measured from
Jacksonville, Florida, said right of way of the Railway bay-
ing a total width of one hundred (Ion') feet at this location,
being fifty (501) feet in width on each side of the centerline
of the Railway's main northbound track
As shown on print No. 289-2 dated Jima 19, 1965, attached here-
to and by this reference made a Dart hereof.
TO HAVE AND TO USE the said rights, privileges and license
solely unto the Second Party for the term of one (1) year from data hereof,
subject to renewal as provided in Paragraph 11 hereof, or until terai3saded
as hereinafter provided.
In consideration of the rights, privileges and license hereby
given by Railway unto Second Party, Second Party covenants and agrees with
Railway an fallowas
— 1 —
1. That said crossing shall be used for public road crossing
nurposea only across the Railway's right of way and tracks, and, except as
herein specified no pipe, wire, rail or other line or structure shall be
placed in or on said right of way or crossing without previous consent in
writing of said Railway, Second Party further agrees that the above parcel
of land together with the additional portions of Railway's right of way
within 21x+ feet of the southerly and the northerly limits of boundaries of
the above described grade crossing, on each side of the railroad tracks
will at all times be kept clear of any vegetation or other growth greater
than two feet in height, at the expense of Second Party and without cost to
Railway or lain upon Railway property.
2. Second party agrees that it will, at its sole coat and expense,
furnish all material, equipment and labor required for and perform all work
1-' in connection with the construction, opening, widening, improving or extend-
ing and maintenance of said crossing from right of way line to right of way
line of the Railway, as herein described including the portions of said cross -
Ing over and across the Railway's existing or future tracks and over and between
the ties therein. The Railway reserves the right to perform the maintenance or
installation work on the timber flangeways portion of said crossing over the
track structure at the expense of Second Party.
3. Second Party agrees that it will install and maintain all grading
and paving for roadway on Railway's property and wW and all necessary drainage
facilities to prevent accusulation of surface water due to the existence of said
crossing, all at the complete cost and expense of Second Party. Such facilities
to be approved by the Railway and any other g6verning body having jurisdiction
thereover; operation of them facilities shall be subject at all times to the
approval of such representatives ani authorities.
Q. It is agreed that the grade crossing as hereinabove described shall
be protected by automatic crossing protection devices consisting of flashing
lights, bell and gates; Railway shall furnish all material and labor for the
Installation of automatic crossing protection devices at the cost and exnenae
of ..econd Party. That said automatic crossing protection devices shall be owned
by Railway at all times, and, shall be maintained by Railway at the complete cost
and expens^ of Second Party until it is agreed between the partiea hereto that
the signals are no longer necessary at said crossing or until said crossing is
abandoned or other legal requirements imnosed which shall eliminate or substan-
tially change the operation of said signals thereat.
Thnt af"r the installation of Anil crossing nrot,ctian signAl
.�
4-4vi hme (9atimnt ^,i to cost f l,(W.00 i And timber flang «ways are inatwll'+ri
And Are romplatari together with oth,r work to he parformel by tho RAilwey
hnrnundAr and found to bps in satisfactory working orler by Railway, Railway
shall th- reupon furnish to Second Party statem-snt showing, the cost of all
mat,risl And labor Nrnishad by Railway th- rmfor, which statement is hArmby
taut -ml to be primA Net- raasonabl^; that within thirty (30) 'lays from the
furni shinq pf s,rch atatAmAnt SArov,ri Party shell pay unto RAtlwny thA full
Am(nrnt of amid stat�mmnt. Railway agree® to maintain, at ezpenae of Second
rArty, tha tW)Ar finn;{ewnye for said crossing. Tha remaining portion of
raid rroaeinp, from right of wny ling to right of wAy line, shall be main -
b0 nli by ^Annnd Party at exnAnaA of Sierond Party,
K. Srcorl Party is giv=en the further right And prtvil'+ee to syn-
rhronlr•A its trnffir signal-3 with tha RaslwAy °a a14 *.,omgtir, cruRning signals
at this lonntion, whnnAV ^r it sh'xalri tmetrn tU Rio gds, i„stAl;mtion and main-
s- r,an -m of cir -u1t to h^ "ryy the R,,tirony at tn-, eyrm,,,s+ rf 'i; -,Ond Party, it
bainu mlatunlly un4nrstool tint F'nnoTil Party ahnll maintain it.a traffic sigrnole
arri tha PWWAy ehnll maintain thA track circuits i' :,r rnntrol cf th-+ traffic
wignnle, plans An'i d ^tails to b� arnrhvol 1hy thA (lbW Frgin —r of the Railway.
5. Tr t,nA evnrvt 0134,lorial crP,avir:n rr� §a,i} r,, as may �ta� °aAfLer
bA rwmrir+-t by laws of P.tt� +r s,• -r pans! i,• cr r'wi!r•,t by Any g4ovarning brdy
hnvinr rrwnr to nror,ruiaata or - rrr,r° ,- r-,rn;'attorp. 0, tr.a r•rogning horninahove
'ias+'rit!Od, ar if - 41!,lirmi '-YY Alt's -r ri' fhy
oror:rrfina h «rates, r•rrrh prof.A ^ticn
shall hA put in A *,•1 terra th* COml, of ingtn Uw+ don, Doer
®tr1J -'Aor, be 'ro- ®.:?+rily tq Rwilwwy and
F—ond Party And maintr :in-i
7. Vhnth -r rmglal�,s•t r''y law 01- a-•lIT Of arzy ,,J4lin rtath.rrity, or,
�iawlr�l �• rAilwny Aa a matt- of mnnatemo�ntb ?s•ilw ^y r *s+rr�es thw right to
npAir+s any •)ACir °A chnnrm,- at any t'mw try i`A mxfNtirp ,,r ;•t. }r -r fA,:i1iti4s
S',r to inat.Ai), mAi,1fR1n n: !,,`u;pr�4,aw An'� Ad "it,i;�; -,e�A •t•N K n7 trr+ri,r or oth.r
f- llltl^4s Cn it's vs „r•o .,f. a¢ rri — c�rr•ir -i G
�R' r R ann.,>i Party aprwas to
haw+ t`,w rr,fi ^� nCp,ore� ,f rir =q rP€arrsss'a in t. - €n ;.,.rr,, -, , riii,fnnhl pAVjng
*wrrrirai t w trrtrrt .,$ wtrwrz r }• v, 4� ti., ",r i...,•l �n,;., t,v r,r, R.silwny,
F'r rvl ?A.l ^.<,,, ,, p�, s h., ; a, .+ ,g r•. d intr an7 rArt. Of t!r* coat of
r n�tru ^tics of ti ra.rroe-; tx•A�K For anv vs ngl� t ^;sac "w i rrnt.ry.
8. Second Party 3nall tkoo any actlor; the will gravest
tend to restrict the oporat' im of trains ovr3r as ,r". sing,
P. [has provislor� ArM ati, nex
,�ulatjc,r,s of t.,,Iis A)zr-emvnt brs a :art
of tjjA of '.,het lft.,nsirp of th-4 abcvm
*n,l in the ii),T-mt "llf rip,`, aim!, fat?. to -omzjy with any of Vv-
coverianta an! t!,ftn tlla 11 -a so) shall i-.e void and ss,d descrilsOq
crossing a1m],j t-Aryninat,&, wlt.h full r1jeat m. the T%ary of the RI'llway to re-
ent-r and ri*Doumess and "move the samif It shall elm t,� do si.
1n, Sm^ona Party hereby gr"ta sirto Floriie Fast Coast kalllwa'7
C,ompany all nec-assary carmlts for the installat.1m..
repair and mainlemance of ar.7 of bhp wNry ,)- fixturms mentioned
or ciontAmr.lated in ani Iry th. avrmseirmnt, 8n,4 rlorilria Fait Crest Railway
Company shall gives the Second ?arty, fr-rty might (48 hours rctic- o" Irt.m-
tior to nmrfcmi Any -Tuch IrEtallation, crrrtrLctix,-,,, IotLr , armotior. and
-AInternano,m). ?rovIdad., how"v--, Ralll�&y may g4ve ores', talc -hone ,.r telpgraoh
roti-4% e-f itf� 1_0,,�mtlon to AvmArg,§rcy wok re-i4ic-ear_ for safet7 )f its
'rain* or vqhiclps -Y, thi cros39ig.
11. It is furtn-r mitual-ld- agraml _�ry ani oetaeex. the here-
to thnt t'n-n, agr-eypourt is for th- tA-m of one fl! y,5,r, If s4e,"ond Party
holdi ov, -r and r"mains 1--, nersvisslor, of the tiaraby rjvijqgeE after
gx-plraticm of surl, term, or of ary venmwal thor�of. Phir. a -ro"ment shall
be coral Jere " as r"nffwed urmss sixty r6(1) Jays w-r-Itten notice of the tarml-
retior cf the smma has 16-er or I: giver by ga' shp,31
IffAct -#'rcym Y`Mr to ,real,, s7AhJ,'cr tc, the anram zerw nn-, c*rdltlors as heralm
con t-A Ined.
12. It 18 furtl mrt ua,'-)T -umimrstncl. -v, a,7r"d by &Ti,i b#-t-ween
thm nartlma nr thok if thIs &,7ree-
ment, for any -81ve, or 3 ,.,7,or 'ArrnaLi,m )J" Sicorl i'art- 1- u,-- cf 1,rjs c,os.qirlg
hmrRin llc-nnmd, Snf�ord Par-y rerove, at its sr�tlr- no,t &n expense,
all 1mvrOvmO1",,S nl.acql E-, t unmi th- sdid - '
-f --,rqY an restore
the grourl to it., orjL75v)Lj
13. Second Party dohs hereby agree to pay unto the Railway the Sun
of ter ( Sin. no) Jollera aFi hprtqlnahova: T-rov4del t-) the f,rst, annulil term
_"rp�vvler ar, -h -
'r, qr.n rir,,!v,,' term, w—ch
4 -
Ih WITKMS 4.ITR30F, Florida East Coast Railway Company and the
Second Party have each caused this instrument to be executed in their car-
poste names and resnective seals to be hereunto affixed in duplicate the
day first hereinabove written by their undersigned officials thereunto
lawfully avxthoriaed.
Sign.,d Se ,q],ed an.: dk"Iibwrv±
in tPl^ nr�senc- a° ;
enrr
✓i
i tea• t
thy -trt'M r.i F'larido,
Upon motion duly mane and seednded, the following Resolution was
Passed and Adopted:
BE TT Rl�SGLTIID, by the City °o cil of the City oC Palm Beach
Gardens, a municipal corporation of the State of Florida, as Bellows:
1. T°kat the 'its of Palm Pea ^h Gardens, a municipal corporation of the
State of Florida, :toes hereby cor,t_ *act and agree to fsntsr into are agreement with
the Florida East nuaA Railway Company wherein and whereby said City of Palm
Beach Gardena is given the right and r_rivilege to trot All , construct and main-
tain a Publie Road Crossing, as more full-y described 1,r. "Lic -nve Agre,mer•t
attached hereto nrd made a Dart herecf.
2. That the T• "ayor vi_th the atte. -itstion of thA "ity " erk, be and
they hereby are- authorize'' and to execute shill a�,rewme •F, ,or an3 or,
behalf of said C'it, of Pali:; Re6-1h asr,4Arjs.
3. That this Resolution shat1 tyke effw-• t its
Passage.
STATE OF FLORTJA
j
OmNrf OF PA lv DEv'u
CITY OF PATY Ba�,Cl GARDENS)
T, _ W, ]_ �CARGILL . tty "jerk rsf the City
Of Palen Beach Gardens, a :ronirinal rorporation of titid, State cf F'lortia, do hereby
certify tha}% thr fo:°egoirp is . true Fr1i correct ,^.opy cf Resr,l'xtian unani�usl�r
adopted at a _ 9pecaai tenetir,r of t,hn City o c° r,c CiLy of Palm
Beach ar yens hal a tM . uw `h gay cf a txl5. _n. -'. 146 pw+mw
``�-' "helci�peicxxx.�.xx�cRa�c>ctixx r;3ch x�f��3�C
3: -
IN WITii'r32' TZ17QF, I h67• ,10"° UriM see: my herd anti
official seal of said 'i'y of l'alm bee -r '�arden:s.
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