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2005-108
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2005-108
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Last modified
7/13/2016 2:20:26 PM
Creation date
9/30/2015 8:35:50 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/29/2005
Control Number
2005-108
Agenda Item Number
11.I.6
Entity Name
Florida East Coast Railway, L.L.C.
Subject
License Agreement Maintenance
Area
North Winter Beach Road
Supplemental fields
SmeadsoftID
4845
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this Agreement, by the product of the annual license fee in effect for the preceding year <br /> multiplied by one hundred percent ( 100%) of the percentage increase , if any, in the Consumer <br /> Price Index , ( 1967= 100) , issued by the Bureau of Labor Statistics of the U . S . Department of <br /> Labor ( " CPI") , or 3 %, whichever is greater. The base CPI will be the CPI for thl .m month of the <br /> year preceding the applicable anniversary date of this Agreement by ninety ( 0) days . No <br /> adjustment will be made for decreases in the CPI. <br /> 5 . The COUNTY shall grant forthwith to the RAILWAY necessarypen-nits for the <br /> installation, construction, erection, repair and maintenance of any of the RAILWAY-owned or <br /> maintained facilities described in this Agreement . If the COUNTY fails to promptly grant the <br /> RAILWAY necessary permits, COUNTY shall bear all additional expense incurred by the <br /> RAILWAY attributable to such failure, including costs due to slow ordering of trains . COUNTY <br /> shall promptly pay such amounts upon billing by the RAILWAY . <br /> 6 . Unless otherwise specified, the cost of installation, construction, maintenance and <br /> replacement of all facilities at the CROSSING SITE , including but not limited to the crossing <br /> structure and railroad and highway devices , whether performed by the COUNTY or RAILWAY, <br /> shall be the sole responsibility of the COUNTY . <br /> 7 . The existing warning devices , including the fixed signs , flashing lights, ells and gates <br /> (collectively the "WARNING DEVICES ") , at the CROSSING SITE are a Typ III Class III <br /> installation as defined in the Florida Department of Transportation Schedule of Signal <br /> Installations by Type and Class attached hereto as Exhibit C . <br /> The COUNTY shall pay unto RAILWAY annually, the annual cost of maintenance of <br /> said WARNING DEVICES as provided in the Florida Department of Transportation ' s <br /> SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE , CROSSING <br /> XFrm0499 Page 3 <br />
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