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2000-064
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2000-064
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Last modified
3/14/2023 1:46:39 PM
Creation date
10/20/2015 1:21:02 PM
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Resolutions
Resolution Number
2000-064
Approved Date
05/23/2000
Resolution Type
License Agreement
Entity Name
Florida East Coast Railway Company
Subject
Railroad crossing updates
Area
Roseland Road sidewalk Riverwalk Shopping Plaza and 126th Street
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14. The COUNTY shall not in any way, or at any time, interfere with or obstruct <br />RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations, <br />or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns, <br />invitees, lessees or licensees. <br />- 15. The COUNTY shall indemnify the RAILWAY and defend and save it harmless from <br />and against any and all claims, demands, suits and expenses to which it may be subjected by <br />reason of any work done or precaution omitted by the COUNTY or by the agents, servants or <br />contractors of the COUNTY with reference to the construction, maintenance or use of said <br />crossing, or by reason of any failure on the part of the COUNTY to perform any agreement <br />herein contained, or by reason or injury to or death of the COUNTY or the agents, servants or <br />contractors of the COUNTY, or of RAILWAY, its agents, servants or contractors, or its assigns, <br />invitees, lessees or licensees, including telecommunications occupants, or any person or persons <br />who may use said crossing, and loss of or damage to property of the COUNTY or of the agents, <br />servants or contractors of the COUNTY or of RAILWAY, its agents, servants or contractors, or <br />its assigns, invitees, lessees or licensees, including telecommunications occupants, any person or <br />persons using said crossing, WHETHER SUCH INJURY TO OR DEATH OF PERSONS OR <br />LOSS OF OR DAMAGE TO PROPERTY IS CAUSED BY THE NEGLIGENCE OF THE <br />RAILWAY OR OTHERWISE. <br />In furtherance of the said obligation of the COUNTY to indemnify and save harmless the <br />RAILWAY, as set forth in Paragraph No. 15 hereof, the COUNTY shall procure and keep in <br />effect during the terms of this license, a policy of insurance satisfactory to the RAILWAY <br />covering all the obligations of the COUNTY under said Paragraph No. 15, the said policy to be <br />taken out in the name of the COUNTY with an assumed liability endorsement thereon in favor of <br />Page 6 <br />
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