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2005-107
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2005-107
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Last modified
7/13/2016 2:18:44 PM
Creation date
9/30/2015 8:35:45 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/29/2005
Control Number
2005-107
Agenda Item Number
11.I.5
Entity Name
Florida East Coast Railway,L.L.C.
Subject
License Agreement maintenance crossings
Area
South Winter Beach Road
Supplemental fields
SmeadsoftID
4844
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this Agreement, by the product of the annual license fee in effect for the preceding <br /> 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 the 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 necessary p rmits 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 in urred by the <br /> RAILWAY attributable to such failure , including costs due to slow ordering of tra ns. 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 , bells 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 rr. aintenance of <br /> said WARNING DEVICES as provided in the Florida Department of Tr nsportation ' s <br /> SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING <br /> XFrmoass Page 3 <br />
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