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<br />FOC
<br />E-CEIVEDR 3 11KO IDA LAST COAST RAILWAY COMPANY
<br />_ ONIi MA4ACA eTRI--.FT. P. O. E10X 1M8, RT. AUCURTINR, FLOm UA 97085•1048
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<br />INDIAN RIVER COUNTY UTILITIES
<br />Mr. Steve Doyle, Capital Projects Engineer
<br />Indian River County Utilities
<br />1840 25 Street
<br />Vero Beach, FL 32960
<br />Dear: Mr. Doyle:
<br />October 19, 2000
<br />Blanket File: 217-4-0
<br />Addition to Blanket Agreement
<br />Sub File: 209-18
<br />12" SG Watermain, MP 214 + 2273
<br />Please refer to past exchanges pertaining to the captioned file. The application has been approved and we are hereby
<br />adding this crossing to the Blanket Agreement dated 9/26/96, and making revision to Schedule "A", as of 5/14/00, at
<br />an annual rental of $345.00. Copies of the plans, copies of Railway's insurance requirements for the construction and
<br />the revised Schedule "A" were sent in my letter of May 17, 1999.
<br />We have inserted the language you requested in paragraph 14 below, and further clarify that FEC will accept Insurance
<br />coverage per FEC requirements, obtained by a licensed contractor when performing approved work in the FEC right
<br />of way for Indian River County. This does not cancel Indian River Counties liability in the event of an occurrence.
<br />In compliance with the provisions of this agreement, and at least 5 days prior to you or your contractors or
<br />subcontractors entering upon Railway property an FEC flagman/watchman must be scheduled by calling Mr. Charles
<br />Stone of our Engineering Department at (904) 826-2369. Railway's signal and train control cables must be located by
<br />calling Mr. Andrew Fowler of our Signal Department at (904) 826-2428. In addition, and also prior to any entry onto
<br />Railway property by you, your contractors or subcontractors, in compliance with the Agreement a Certificate of
<br />Insurance naming Railway as an additional insured must be submitted to the undersigned.
<br />Please be advised several communications companies have installed a fiber optic communications system within the
<br />licensed area and prior to any digging or subgrade work on the licensed premises, you must call "SUNSHINE" at 1-800-
<br />432-4770, in order that the said companies will be properly notified and in tum can locate cables and protect against
<br />damages.
<br />Additionally, the provisions of paragraphs 14 and 16 of the Standard Blanket Agreement were recently revised.
<br />Accordingly, the Blanket License Agreement will be amended effective 9/26/00, to replace the provisions of paragraphs
<br />14 and 16 with the language set forth below:
<br />14. Licensee also covenants and agrees to and shall at all times to the extent allowed by Law indemnify,
<br />protect and save harmless Railway, its parent, subsidiaries, and affiliates from and against all cost or expense, including
<br />attorney's fees, resulting from any and all construction, placement, attachment, presence, use, maintenance, repair,
<br />alteration, renewal, relocation or removal of said facilities in, on, about or from the premises of Railway whether such
<br />losses and damages be suffered or sustained by the Railway directly or by its employees, patrons, or licensees, or be
<br />suffered or sustained by other persons or corporation, including the Licensee, its employees and agents who may seek
<br />to hold Railway liable therefor, and WHETHER ATTRIBUTABLE TO THE FAULT, FAILURE OR NEGLIGENCE
<br />OF RAILWAY OR OTHERWISE. However, Licensee shall not be required to indemnify Railway from any such cost
<br />or expense arising from the willful or intentional acts of Railway, notwithstanding anything to the contrary contained
<br />in this Agreement. No provision herein is intended or shall be construed as a waiver of sovereign immunity beyond the
<br />provisions of § 768.28, Florida Statutes.
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