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1980-076
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1980-076
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Last modified
2/28/2023 11:34:06 AM
Creation date
2/28/2023 11:33:47 AM
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Resolutions
Resolution Number
1980-076
Approved Date
07/30/1980
Resolution Type
License Agreement
Subject
License Agreement with FEC Railway for water main crossing at 12th Street
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19. It in :farther mutually understood and Agroed by and between t1,o patties <br />hereto that Licensee will not perform any work on Railway's property without having <br />a railroad watchman present at all times work, hAreunder, is being performed, if one <br />is deemed to be necessary by the Railway's Chief Enginnerj further, that Licensee <br />covnnwJa that it will include in any contract which it lets for the whole or any <br />part of the said work to be porformed heroundo r by or for the Licensee, each and <br />every of the following terms and conditions of the two (2) pages attached hereto <br />and made a part hereof entitled, "INSURANCE K.,'i p:FFIT OF FLORIDA EAST COAST RAILWAY <br />COKPANY TO RE OBTAINED AND KXPT IN FULL F(A!CE AND EFFECT AT COST OF CONTRACTOR OR <br />LICENbEE," and, <br />"INDUINITY TO FlOHIDA EAST COAST RAILWAY COMPANY AND CCNIIAC;UAL <br />LIABILITY F:Njx*SEKENTs 70 CONTRAC,10.413 PUBLIC LIABILITY A PASO) iT? DAMA(M LIABILITY <br />INSWUNCE POLICIES DURINO SUCH INDMITIY.9." <br />• 20. Notwithstanding the terms of this License Agreement and the advance payment <br />of ren'.al therefor, the Railway reserves the right to cancel this License Agreement <br />upon thirty (30) days written notice. That Licensee shall have no sxpuctation of <br />renewal and that the tam of this License Agreement is only for the time specified <br />herein, subject always to the tehthaination provisions and regardless of the length of <br />tufa that Licenseema pipeline may have occupioa the licensed property, or the constr- <br />uction of its fpcilitisu or personal property placed thereon. <br />21.Licenses waives and relinquishes any legal rights and monetary claim which it <br />Light have for hill compensation, or damages of any sort, including but not limited to <br />special damageal severance damages, remeoval costs or loam of business profits resulting <br />from it' loss of occupancy •f the licem ed property specified in this agreement whether <br />such property is taken by eminent domain proceedings or sold under the threat thereof. <br />22. This License Agreement cancels and supersedes that certain License Agreement <br />betveen the Railway and General Waterworks Corporation dated Now bar 6, 1962 (and given <br />-Railway's Document No. 1991). <br />IN WITNESS WHEREOF, The parties hereto have caused these presents to be duly <br />executed in duplicate the day and year first hnrr,in written. <br />Signed, sealed and delivered in presence of: <br />Witnesses as to Railway. <br />1Vitnesses as to Licensee. <br />PAG[ 4 <br />Florida East Coat Rallway Company. <br />By: (MRI) <br />Fresi,lent. <br />INDIAN RIVER OOUNTY. a Political Subdivision of <br />the state of 1/ rtda c d t rough its <br />Board of Co <br />Ayh <br />Attestt..jj <br />�J� <br />CI.rk�`) ileal► <br />
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