R-54-045
RES 0 L UTI 0 N
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It is hereby ordered by the City Council of the City of Clermont,
Florida, that the form of agreement between the City and the
Atlantic Coast Line Railroad Company, dated February 16, 1954,
by the provisions of which said Railroad Compamy grants to the
said City the right or license of constructing and ml'intaining a
public road or street crossing at grade acr'oss the right of way
and track or tracks of the Railroad Company at Clermont, Florida
at a point 280 feet Northwestwardly, measured along the center .
line of the Railroad Company's main track, from mile post T-8l2;
as partictularly described in said agreement and as more fully
shown on the blue print attached to and made a part of said
agreement, be and the same is hereby approved.
Further that the City Council of the City of Clermont, Florida,
are hereby authorized and directed to execute said agreement in
the name and on behalf of tl~ said city.
COpy OF
A G R E E MEN T
This AGREEMENT, Made· and entered into this 16th day of February,
1954, by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a
corporation under the laws of the state of Virginia, hereinafter
for convenience styled the Railroad Company, party of the first
part, and the CITY OF CLERMONT, a municipal corporation under· the
laws of the state of Florida, hereinafter for convenience styled
Licensee, party of the second part:
WITrŒSSETH, That the Railroad Company for and in consideration
of One Dollar to it in-hand paid by Licensee, the receipt whereof
is hereby acknowledged, and of the covenants and agreements to be
kept and performed by Licensee as hereinafter expressed, hereby
grants to Licensee the right or license of constructing and
maintaining a highway or street crossing at grade across the
right of way and track or tracks of the Railroad Company at
Clermont, Florida, at a point 280 feet northwestwardly, measured
along the center line of the Railroad Company's main track,
from mile post T-8l2; as shown in red on the blue print attac~ed
hereto and made a part hereof; said right of way being as shown
on said attacbBd blue p~int.
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And Licensee hereby covenants and agrees in consideration of
said license:
First: That said crossing shall be constructed and maintained
at the còst and expense of Licensee, but in a manner aDd of
materials satisfa.ctory to the Engineer r'Iaintenance of Way of the
Railroad Company, and that all incidentalbexpenses necessarly
incurred in connection therewith shall be borne by Licensee, except,
however, that the Railroad Company will at its expense, construct
and maintain the portion of said crossing between the rails of
said track or tracks and for two feet on the outside of each rail
thereof.
Second: That the Railroad Company shall have the right, if it
so desires, to construct an additional track or tracks ~cross the
land covered by this license.
Third: (stricken out)
It is understood and agreed that this agreement shall not'be
binding until it has been ratified by a Resolution of the City
Council of said city, a certified copy of which Resolution is
attached hereto and made a part hereof this agreement.
Nore: the third Article herein was sricken out prior to
execution hereof o.