8/19/1981 - Laserfiche WebLink

Home Browse Search

AUG 191981 boox 47 pnc M' 10. In consideration for the granting of this crossing and in recognition of the exposure to hazard of the operation of the Railway by reason of the construction, maintenance and use of said crossing, the Licensee does hereby release and agree to indemnify and save Railway harmless from and against all liabilities, claims, costs and expenses for loss or damage to the property of either party hereto or of third persons and for injuries to or deaths of Licensee, or the agents, employees or invitees of Licensee or third persons or the employees of Railway caused by or arising out of the presence, npintenance, use or removal of said crossing, regardless of any negligence or alleged negligence on the part of any employee of the Railway. 11. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising, protecting and restoring the property of the Railway by reason of operation of Licensee. 12. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be binding under any circumstances. 13. Licensee agrees to pay, Railway, upon the execution and delivery of this agreement, the necessary amount of documentary stamp taxes required to be affixed to this agreement under the laws of the United States of America, the State of Florida, or both. 14. Licensee agrees that, if Licensee is herein required to pay unto Railway any sum of money as may be specified on first page hereof, Licensee Will pay unto Railway the sum of $20.00 in cash in advance for each year for which this agreement may be renege or may remain in effect beyond one year from date hereof. 15. Licensee agrees that it will, at its expense, adjust its said facilities to any physical change or additions made at any time by the Railway in its tracks, or the facilities on, or its property at this location. 16. Licensee agrees that its facilities shall be installed and maintained by and at the expense of Licensee in a manner that will not at any time be a danger to or interfere with the safe and efficient operation of the Railway's tracks or equipment thereon, that such work shall ba subject at all times to the approval of an authorized representative of the Railway. 17. If Licensee be a municipality or a public or quasi public corporation then it agrees that no assessment or other charges of any nature whatsoever shall be levied or made against the Railway or against its property on account of the installation or existence of Licensee's facilities at this location. 18. Both parties hereto agree that the provisions of General Specifications on five pages entitled, "GENERAL SPECIFICATIONS FOR SUBGRADPS AND ABOVE GRAVE CROSSINGS OF THE RAILWAY'S RIGHT-OF-WAY," attached hereto and made a part hereof, shall apply to the work of, materials, and rights and privileges hereby given to Licensee. 19. It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing insll taation shall be marked by the erection of a suitable monument located on each side of the Railway's right of vy. Page 3 {/ 111 --1 � � r I