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2008-266
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2008-266
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Last modified
4/8/2016 1:46:33 PM
Creation date
10/1/2015 12:31:50 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/22/2008
Control Number
2008-266
Agenda Item Number
None
Entity Name
Florida Department of Transportation
Subject
Original agreement and authorizing Resolution 2006-097
Railroad Reimbursement Agreement
Area
16th St./17th St.
Archived Roll/Disk#
4013
Supplemental fields
SmeadsoftID
7544
Document Relationships
2006-097
(Attachment)
Path:
\Resolutions\2000's\2006
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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 /> 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 "INDEMNITY OF FLORIDA EAST 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 connection <br /> with the CROSSING SITE shall request RAILWAY to furnish any necessary construction <br /> watchmen for the protection of RAILWAY' S employees, property and train operations . <br /> RAILWAY shall be notified at least one ( 1 ) week in advance of the performance of any work in <br /> connection 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 at the CROSSING SITE, RAILWAY shall have the right to place such construction <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 /> XFrmoass Page 7 <br />
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