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1987-138
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1987-138
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9/2/2022 9:30:51 AM
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Resolutions
Resolution Number
1987-138
Approved Date
11/10/1987
Subject
Signifying its intent to enter into a License Agreement with the Fla. East Coast R/R by accepting
the transfer of the CR512 Railroad crossing from FDOT
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s <br />14. The SECOND PARTY shall not take any action that will prevent <br />or tend to restrict the operations of trains over the crossing site. <br />15. The SECOND PARTY will include in any contract which it may let for <br />the whole or any part of said work to be performed hereunder by or for the SECOND <br />PARTY, each and every of the following terms and conditions of the two pages attached <br />hereto and made a part hereof entitled, "INDEMNITY TO THE FLORIDA EAST COAST RAILWAY <br />COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND <br />PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES" and "INSURANCE <br />FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, KEPT IN FULL FORCE <br />AND EFFECT AT COST OF CONTRACTOR". <br />16. SECOND PARTY shall give the RAILWAY one (1) week's advance notice <br />when the SECOND PARTY or its contractor or anyone claiming under this agreement proposes <br />to enter upon the crossing site to perform work under this Agreement in order that proper <br />warning may be provided for trains. <br />17. Installation, maintenance and replacement of any and all railroad <br />advance warning signs and pavement markings on any road approaching and crossing site <br />shall be the sole responsibility of the SECOND PARTY, and at its sole expense. <br />18. If any provision or provisions of this Agreement shall be held <br />to be invalid, illegal or unenforceable, the validity, legality and enforceability of the <br />remaining provisions shall not in any way be affected or impaired thereof. <br />19. This agreement will be governed by the laws of the State of <br />Florida. It constitutes the complete and exclusive statement of the Agreement <br />between the parties which supersedes all proposals, oral or written, and all other <br />communications between the parties related to the subject matter of this Agreement. <br />Any future change or modification of this Agreement must be in writing and signed <br />by both parties. <br />7. <br />
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