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2006-031
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Last modified
5/2/2017 3:03:18 PM
Creation date
9/30/2015 8:11:43 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/24/2006
Control Number
2006-031
Agenda Item Number
11.I.8.
Entity Name
East Coast Railway, LLC
Subject
license agreement for public road crossing
Area
Milepost 228+118' public road crossing
Supplemental fields
SmeadsoftID
4464
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16. The COUNTY acknowledges the waiver of sovereign immunity for liability in tort <br />contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions <br />at law against the COU\TY to recover damages set forth in such statute for injury or loss of <br />property, personal injury, or death caused by the negligence or wrongful act or omission of an <br />employee of COUNTY while acting within the scope of the employee's office or employment <br />under circumstances in which COUNTY, if a private person, would be liable under general laws <br />of this State. <br />The COUNTY will include in any contract which it may let for the whole or part of <br />said work to be performed hereunder by or for the COUNTY, each and every one of the terms <br />and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST <br />RAILWAY, L L C AND INSURANCE REQUIREMENTS" attached hereto and made a part <br />hereof as Exhibit D. <br />17. (a) COUNTY, at its own cost and expense, when performing any work in connection <br />with the CROSSING SITE shall request RAILWAY to furnish any necessary construction <br />watchmen for the protection of RAILWAY'S employees, property and train operations. <br />RAILWAY shall be notified at least one (1) week in advance of the performance of any work in <br />connection with the CROSSING SITE <br />(b) In addition to, but not in limitation of any of the foregoing provisions, if at any <br />time RAILWAY should deem it necessary to place construction watchmen for the protection of <br />any person or property, during the construction, maintenance, repair, alteration, renewal, or <br />removal at the CROSSING SITE, RAILWAY shall have the right to place such construction <br />watchmen, or other persons at the sole cost and expense of the COUNTY. Upon receipt of a bill <br />from RAILWAY, COUN TY shall promptly pay RAILWAY the full cost and expense of such <br />XFrm0499 <br />Page 7 <br />
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