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2004-158
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2004-158
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Last modified
9/2/2016 12:55:23 PM
Creation date
9/30/2015 8:23:40 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/06/2004
Control Number
2004-158
Agenda Item Number
11.I.2
Entity Name
Florida East Coast Railway,LLC
Subject
License Agreement for Railway Crossing
Area
Old Dixie Hwy. south of Sebastian
Archived Roll/Disk#
3210
Supplemental fields
SmeadsoftID
4710
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15 . To the extent permitted by law, the COUNTY acknowledges the waiver of <br /> sovereign immunity for liability in tort contained in Florida Statutes Section 768 . 8 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 w rongful a ct or omission of an employee of COUN'T'Y w bile acting w ithin the <br /> scope o f t he a mployee ' s o ffice o r e mployment under circumstances i n which C OUNTY, i f a <br /> private person, would be liable tinder general laws 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 "INDBMNITX OF FLORIDA EAST COAST <br /> RAILWAY, L .L. C . AND INSURANCE REQUIREMENTS" attached hereto and made a part <br /> hereof as Exhibit D . <br /> 16. (a) COUNTY, at its own cost and expense, when performing any work m <br /> cozn.ection 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 /> operations. RAILWAY shall be notified at least one ( 1 ) week in advance of the performance of <br /> any wozk in co=ectaon 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 a t t he C ROSSING S ITE, R AILWAY sh all b ave the r ight t o p lace s uch c onstruction <br /> watchmen, or other persons at the sole cost and expense of the COUNTY. Upon receipt of a bill <br /> from RAILWAY, COUNTY shall promptly pay RAILWAY'' the full cost and expense of such <br /> XFrrn0499 Page 6 <br /> % E ' d 59Z8 ' D3d V' Z: 6 tiOoz Ilzlun � <br />
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