7/15/2016 10:18:54 AM
9/30/2015 8:37:46 PM
Official Document Type
Agenda Item Number
Florida East Coast Railroad
Railroad Crossing Maintenance
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necessary. Railway shall use good faith efforts to provide to Licensee a replacement location, on, <br /> over and across Railway property . Any appliances , fixtures , or facilities at the replacement <br /> location will be subject to this Agreement and Railway shall use good faith efforts to minimize the <br /> cost of and impact to Licensee of any such relocation. If no replacement location on Railway <br /> property is available , the license and the Agreement will terminate for such crossing, appliances , <br /> fixtures or facilities at the end of the sixty ( 60) day notice period provided for herein. Upon <br /> termination of such license, Licensee shall promptly remove the affected crossing, appliances , <br /> fixtures or facilities and restore the premises to their former condition. In the event of a failure of <br /> Licensee to do so, the Licensee will promptly reimburse Railway for its cost of doing same . " <br /> 3 . Paragraph 24 of the IRCPW ' s Agreement is hereby deleted in its entirety and replaced with the <br /> following : <br /> "24 . The initial term of this Agreement shall expire on the anniversary date of this Agreement <br /> in the year 2036 . This Agreement shall be automatically renewed for one ( 1 ) year terms thereafter <br /> unless at least thirty (30) days prior to the 2036 anniversary date or prior to the end of any renewal <br /> term, as the case may be, either party gives written notice to the other party of its intent not to <br /> renew the Agreement after the end of that term. Notwithstanding the foregoing, licenses granted <br /> hereunder and this Agreement may be cancelled under paragraphs 21 or 23 hereof. Upon <br /> termination of any license or this Agreement, Licensee shall promptly remove the affected <br /> crossing , appliances , fixtures or facilities and restore the premises to their former condition . In the <br /> event of a failure of Licensee to do so, the Licensee will promptly reimburse Railway for its cost <br /> of doing same . " <br /> Except as amended herein, all other provisions of the IRCPW ' s Agreement remain unchanged and in full <br /> force and effect. <br /> Please indicate the IRCPW ' s acknowledgment and agreement with the amendment of the IRCPW ' s <br /> Agreement as set forth herein by signing and dating this letter where indicated below and returning the <br /> original to me . <br /> Sincerely, <br /> /;� � <br /> Bruce L. Baker, Assistant Director <br /> Industrial Development & Real Estate <br /> BLB/kp <br /> ACKNOWLEDGED VD AGREED TO : <br /> . eget g • ., 11 <br /> Indian River Coun'fy Public *W& ks <br /> ' F <br /> • w <br /> ` •. ti n nage: .aw:r.r..�...ru.u_�>9. -+.r,sa..r..a. g.w.. .:mna..mvwd +.wA..,a <br /> By: Eno _c ' liver County Approves: hate <br /> Its : Chi ixman Adrninistration y� os— <br /> Ttiprli3s- ,3Lowther Budget <br /> Date : Ap.r � 12 , 2005 <br /> �'� , • . . . . . • - Co , Attorney <br /> ry <br /> Risk Management <br /> Delaartment 3 3i o7 <br /> Division a� <br />
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