11/20/2018_SpecialCall - Laserfiche WebLink

Home Browse Search

4.1 Agreement with BRIGHTLINE. FECR hereby acknowledges that FECR and BRIGHTLINE have entered into an agreement under which BRIGHTLINE will utilize the FECR rail corridor for the Project. 4.2 Waiver. FECR hereby waives all rights to reimbursement from COUNTY of the Initial Development Costs under the License Agreements. 4.3 Maintenance of Existing Crossing During Prosect Construction. If, during the course of the Project construction work, there is required regular maintenance to be performed in connection with the currently existing crossing surface that is outside of the scope of the Project, such maintenance is not included within the scope of BRIGHTLINE's work and expense; provided, however, that BRIGHTLINE and FECR will endeavor to coordinate their respective work so as to minimize any existing crossing surface maintenance costs that COUNTY may bear in accordance with the existing License Agreements. FECR agrees to provide the estimate for such costs at least ninety (90) days in advance of an invoice. 4.4 Ongoing Maintenance. For so long as FECR is the party responsible for maintaining the Crossings following the Project upgrades, COUNTY may continue to interface solely with FECR in connection with that maintenance and COUNTY required reimbursement in connection therewith. FECR and COUNTY agree to coordinate and cooperate with each other regarding Crossing(s) maintenance with regard to notice, permitting, mobilization and construction. This provision shall survive any expiration or termination of this Agreement. 4.5 Ongoing Maintenance Costs. For so long as FECR is the party responsible for maintaining the Crossings FECR shall apportion the costs for crossing surface maintenance and future crossing upgrade charges with COUNTY as provided for in the License Agreements, subject to subject to Section 6 below. Charges for FECR's inspection of the crossing signals will continue to be assessed in accordance with FDOT's then -current standard chart for signal inspection costs, as such chart is updated and amended. This provision shall survive expiration or termination of the License Agreements, as amended. Section 5. COUNTY REPRESENTATIONS 5.1 Permits; Maintenance of Traffic. COUNTY will grant to BRIGHTLINE the necessary permits for the installation and construction of any Project elements that may be required beyond the FECR right-of-way, subject to the terms of the Settlement Agreement. 5.2 Maintenance of Existing Crossing During Project Construction. If, during the course of the Project construction work, there is required regular maintenance to be performed in connection with the currently existing crossing surface that is outside of the scope of the Project, such maintenance is not included within the scope of BRIGHTLINE's work and expense; and COUNTY acknowledges that FECR may apportion the appropriate share of such costs to COUNTY in accordance with the existing License Agreements. 5.3 Ongoing Maintenance Costs. COUNTY acknowledges that the costs for crossing surface maintenance and future crossing surface and signal upgrade charges shall be reimbursed by COUNTY as provided for in the License Agreements, subject to Section 6 below. Charges for FECR's inspection of the crossing signals will continue to be assessed in accordance with FDOT's then- current standard chart for signal inspection costs, as such chart is updated and amended. This provision shall survive expiration or termination of the License Agreements,