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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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INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND <br />CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY. AND <br />PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES <br />In further consideration of the sums of money herein agreed to be paid <br />to the Contractor, the Contractor by execution and delivery hereof, agrees that <br />it shall and will at all times hereafter indemnify and save harmless judgments, <br />and all loss, damages, costs, charges, and expenses which Florida East Coast Rail- <br />way Company may suffer, sustain, or in anywise be subjected to on account of or <br />occasioned by the operations, whether or not negligent, of the Contractor or any <br />of the subcontractors, or both, such directly or indirectly under or pursuant to <br />this construction contract, up to the total sums of money, as follows: <br />A. On account of death, personal injuries, loss of income or earning ability <br />of any person, including without limitation on the generality of the foregoing des- <br />cription employees and officers of Florida East Coast Railway Company, employees <br />and officers of materialmen employees and officers of the Contractor, employees and <br />officers of all subcontractors, in the limits of $1,000,009.00 each person injured <br />or killed, and $2,000,000.00 each accident occurrence. <br />B. Loss, damage, injury and loss of use of any real or personal property <br />(a) in which Florida East Coast Railway Company has any ownership interest and <br />b personal property in the custody of Florida East Coast Railway Company under <br />any transportation contracts; including without limitation upon the generality of <br />the two foregoing enumerations all railroad equipment commonly described as rolling <br />stock and the contents of the same, all in the aggregate limit of $2,000,000.00 <br />C. Loss, injury, decline in market value or deterioration in quality of any <br />perishable merchandise in the custody of Florida East Coast Railway Company occur- <br />ring or originating during the first forty-eight (48) hours from but excluding the <br />first five (5) minutes any break in the continuity or other obstruction of passage <br />of trains, directly or indirectly arising from the Contractor's operations, upon <br />said track or tracks as the case may be, of Florida East -Coast Railway Company at <br />or within one hundred (100) feet of said location upon which the work is to be <br />performed hereunder, the improvement, renovation, or repair -of which is the sub- <br />ject mutter of this Cvn�%. Lion contract, olid QI�U aI l expenses reasonably in- <br />curred tfy Florida East Coast Railway Company in and about the re-routing of its <br />trains and cars to, via, and from the lines of railroad of other railroad common <br />carriers during the first forty-eight (48) hours foilowing any such break in the <br />continuity of said track or tracks as the case may be of said Railway Company at <br />or within one hundred (100) feet of said areas. <br />
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