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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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14 . The COUNTY shall indemnify, defend and hold harmless RkILWAY for <br /> assessments or other charges of any kind whatsoever against the RAILWAY at ar y time for any <br /> portion of public improvements installed on or within two hundred (200) feet oft e CROSSING <br /> SITE arising out of the existence of the CROSSING SITE . <br /> 15 . The COUNTY shall not in any way, or at any time, interfere with or obstruct <br /> RAILWAY ' S right-of-way, the movement of RAILWAY ' S trains and other railroad operations , <br /> or interfere with the RAILWAY ' S use thereof, or the use thereof by RAILWAY ' S assigns , <br /> invitees, lessees or licensees . <br /> 16 . The COUNTY , to the extent required by law, acknowledges the waiver of <br /> sovereign immunity for liability in tort contained in Florida Statutes Section 768 . 28 and <br /> acknowledges that such statute permits actions at law against the COUNTY to recover damages <br /> set forth in such statute for injury or loss of property, personal injury, or death caused by the <br /> negligence or wrongful act or omission of an employee of COUNTY while acting within the <br /> scope of the employee ' s office or employment under circumstances in which COUNTY , if a <br /> private person, would be liable under general laws of this State . <br /> The COUNTY will include in any contract which it may let for thew iole 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 LAST 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 <br /> connection with the CROSSING SITE shall request RAILWAY to furnish any necessary <br /> construction watchmen for the protection of RAILWAY ' S employees , property and train <br /> XFrm0499 Page 6 <br />
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