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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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1 <br /> in Paragraph 7 above and all bills for electricity for the lighting and illumination <br /> of the <br /> CROSSING SITE if same are provided by Railway. <br /> 13 . At the termination of this Agreement for any cause, or upon termination of the <br /> COUNTY ' S use of the CROSSING SITE as herein described, all rights of the COUNTY shall <br /> terminate and the COUNTY shall remove, under the RAILWAY ' S supervision and direction, at <br /> COUNTY ' S entire cost and expense, said road and all non-RAILWAY-owned improvements <br /> placed upon the RAILWAY ' S right-of-way and restore the ground to its original condition . <br /> 14 . The COUNTY shall indemnify, defend and hold harmless RAILWAY for <br /> assessments or other charges of any kind whatsoever against the RAILWAY at any time for any <br /> portion of public improvements installed on or within two hundred (200) feet of the 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 acknowledges the waiver of sovereign immunity for liability in tort <br /> contained in Florida Statutes Section 768 . 28 and acknowledges that such statute permits actions <br /> at law against the COUNTY to recover damages set forth in such statute for injury or loss of <br /> property, personal injury, or death caused by the negligence or wrongful act or omission of an <br /> employee of COUNTY while acting within the scope of the employee ' s office or employment <br /> under circumstances in which COUNTY, if a private person, would be liable under general laws <br /> of this State . <br /> Page 6 <br />
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