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2003-147
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2003-147
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Last modified
10/21/2016 2:25:03 PM
Creation date
9/30/2015 6:36:59 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/24/2003
Control Number
2003-147
Agenda Item Number
11.G.1.
Entity Name
Florida East Coast Railway, L.L.C.
Subject
License agreeement for the construction of the crossing site
Area
Railroad Crossing 4th Street FDOT#273049M
Archived Roll/Disk#
3161
Supplemental fields
SmeadsoftID
3281
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month of the year preceding the applicable anniversary date of this Agreement by ninety (90) <br /> days . No adjustment will be made for decreases in the CPI. <br /> 4 . The provisions and stipulations of this Agreement are a part of the consideration of the <br /> licensing of the CROSSING SITE, and in the event the COUNTY shall fail to comply with any <br /> of the covenants and conditions , then, at the option of the RAILWAY, this Agreement shall be <br /> terminated with full legal rights and remedies retained by the RAILWAY, including but not <br /> limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so . <br /> 5 . The COUNTY shall grant forthwith to the RAILWAY necessary permits 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 RAILWAY shall install the warning devices, including the fixed signs , flashing <br /> lights, bells and gates (collectively the "WARNING DEVICES ") , at the CROSSING SITE at the <br /> sole cost of the COUNTY . The WARNING DEVICES are a Type IV Class III installation as <br /> defined in the Florida Department of Transportation Schedule of Signal Installations by Type <br /> and Class attached hereto as Exhibit C . Installation costs are estimated to be $ 284 , 960 . 00 as <br /> Page 3 <br />
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