HomeMy WebLinkAbout2005-146 Florida East Coast
RAI L W A Y , L . L . C .
April 15 , 2005 Bruce Baker
File : 226- 1 -0 Assistant Director
INDIAN RIVER COUNTY PUBLIC WORKS Industrial Development & Real Estate
Mr. Jim Davis, Director
Indian River County Public Works
184025 1h Street
Vero Beach, FL 32960
Dear Mr. Davis :
The Indian RiverCount, Public Works (" IRCPRT") is currently a party to a Blanket License Agreement between the
IRCPW and Florida East Coast Railway dated July 7, 1998 , (the "IRCPW ' s Agreement"), whereby certain portions
of Railway ' s right-of-way are licensed to the IRCPW for 6 utility crossings . By letter dated March 21 , 2005 , we
provided you a copy of the revised Schedule A to the IRCPW ' s Agreement reflecting the annual fee of $4 , 624 . 00 for
the utility crossings based on the 2005 market rate .
We also advised in that letter that to accommodate budgeting and other needs of city governments , as well as the
Railway ' s administrative needs, utility licenses were being revised to provide for longer license terms and to
tie
future increases to a fixed rate . Proposed amendments to the IRCPW ' s Agreement to reflect these revisions were
included in numbered paragraphs 1 , 2 and 3 of the March 21 , 2005 letter, for execution by the IRCPW .
Based on requests and further review, the proposed amendments described at paragraphs 2 and 3 of the March 21 ,
2005 , letter have been rewritten to add to and clarify the license cancellation provisions . The
proposed
amendments to the IRCPW ' s Agreement set forth in paragraphs 2 and 3 of the March 21 , 2005 letter are no
longer applicable and are hereby withdrawn . There is no need to execute or return the March 21 , 2005 letter
to us. To avoid confusion, all of the amendment provisions as revised are set forth below .
Accordingly, upon execution of this letter agreement by the IRCPW , the IRCPW ' s Agreement is amended as
follows :
1 . Paragraph 16 of the IRCPW ' s Agreement is hereby deleted in its entirety and replaced with the following :
" 16 . Commencing with the initial term of this Agreement, Licensee shall pay in advance unto Railway for
each year or fraction thereof, of the life of said crossing or other facilities , the applicable sums as listed on
Schedule " A " attached hereto and :rade a part hereof. The applicable license fees listed on Schedule " A "
shall be increased each year on the anniversary date of the Agreement, commencing on the anniversary date
of the year 2006 , by the product of the annual fee in effect for the preceding year multiplied by one hundred
percent ( 100%) of the percentage increase in the Consumer Price Index (CPI) , or 3 % whichever is greater .
The base CPI will be the CPI for the month of the year preceding the effective anniversary date by ninety
(90) days . The "CPI " shall mean the Consumer Price Index ( 1967 = 100 ), issued by the Bureau of Labor
Statistics of the U . S . Department of Labor. No adjustment will be made for decreases in the CPI . "
2 . Paragraph 23 of the IRCPW ' s Agreement is hereby deleted in it entirety and replaced with the following :
"23 . The licenses herein granted are subject to the needs and requirements of the Railway and Licensee
shall, at the sole expense of Licensee , remove and/or relocate any existing crossings , appliances , fixtures or
facilities upon sixty (60) days prior written notice to Licensee whenever, in the furtherance of its needs and
requirements , Railway shall find such action necessary . Railway shall use good faith efforts to provide to
Licensee a replacement location, on, over and across Railway property. Any appliances , fixtures , or
facilities at the replacement location will be subject to this Agreement and Railway shall use good faith
efforts to minimize the cost of and impact to Licensee of any such relocation. If no replacement location
Ph: (904) 826-2269 9 Fax: (904) 826-2322
One Malaga Street • P. 0. Box 1048 • St. Augustine, FL • 32085- 1048
on Railway property is available , the license and the Agreement will terminate for such crossing,
appliances, fixtures or facilities at the end of the sixty ( 60) day notice period provided for herein. Upon
termination of such license , Licensee shall promptly remove the affected crossing, appliances , fixtures or
facilities per industry standards , and restore the premises to their former condition . In the event of a failure
of Licensee to do so , the Licensee will promptly reimburse Railway for its cost of doing same .
If Licensee determines that a crossing , appliance , fixture or facility is no longer needed by Licensee and
will not be used, Licensee will give Railway written notice sixty (60 ) days prior to the date Licensee ' s use
of the crossing , appliance , fixture or facility will cease . The license for such crossing, appliance , fixture or
facility will then terminate at the end of the sixty ( 60) day notice period . Upon termination of such license ,
Licensee shall promptly remove the affected crossing, appliance, fixture or facility per industry standards,
and restore the premises to their former condition. In the event of a failure of Licensee to do so, Licensee
will promptly reimburse Railway for its cost of doing same . "
3 . Paragraph 24 of the IRCPW ' s Agreement is hereby deleted in its entirety and replaced with the following :
"24 . The initial term of this Agreement shall expire on the anniversary date of this Agreement in the
year 2036 . This Agreement shall be automatically renewed for one ( 1 ) year terms thereafter unless at least
thirty (30) days prior to the 2036 anniversary date or prior to the end of any renewal term, as the case may
be, either party gives written notice to the other party of its intent not to renew the Agreement after the end
of that term. Notwithstanding the foregoing, licenses granted hereunder and this Agreement may be
cancelled under paragraphs 21 or 23 hereof. Upon termination of any license or this Agreement, Licensee
shall promptly remove the affected crossing, appliances , fixtures or facilities per industry standards, and
restore the premises to their former condition. In the event of a failure of Licensee to do so , the Licensee
will promptly reimburse Railway for its cost of doing same . "
Except as amended herein, all other provisions of the IRCPW ' s Agreement remain unchanged and in full force and
effect, including the revised Schedule A provided to the IRCPW on March 21 , 2005 .
Please indicate the IRCPW ' s acknowledgement and agreement with the amendment of the IRCPW ' s Agreement as
set forth herein by signing and dating this letter agreement where indicated below and returning the original to me .
Please do not hesitate to contact me if you have any questions about this matter.
Sincerely,
Bruce L . Baker, Assistant Director
Industrial Development & Real Estate
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ACKINOWLE 2 D A ND AGREED TO :
INDK. RIVER COUNiPPUUBL/IC WORKS
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BY
ASSISTANT COUNTY ATTORNEY
Indian River County Public Works
Report Date
I0066 Mr Jim Davis Director Schedule " A " - Blanket Utility 226- 1 -0 18-Mar- 05
1840 25th Street Blanket Anniversary 7/7/ 1998
Vero Beach FL 32960 Beginning on Anniversary date in year
FILE Date of Agreement Milepost Length Rate County 2004 2005 * 2006
226-24 7/6/2001 225 + 2430 105 W3 Indian River 372 . 75 504 . 00 504 . 00
24 " SG Stormwater pipe inside 32 " steel casing on s/s of Gifford Rd , Vero Bch . SG
226- 1 -5 12/5/ 1983 228 + 100 100 W4 Indian River 325 . 00 510 . 00 510 . 00
24 " storm sewer in 36" stl casing at 16th St SG
228-30-2 5 /23 / 1985 228 + 3483 100 W5 Indian River 350 . 00 540 . 00 540 . 00
36 " RCP in 54" Steel casing pipe at 12th St SG
228-66c 9/ 13 /2002 229 + 3982 100 W4/2M Indian River 1355 . 00 1820 . 00 1820 . 00
2 storm water drainage outlets w/rip-rap connected by 36 " RCP pipe inside an SG
along east r/w at 4 St. , Oslo .
228-66a 9/ 13/2002 229 + 3982 100 C2 Indian River 720 . 00 850 . 00 850 . 00
2 -4 " SG conduits for traffic signal cables in 24 " hdpe casing on n/s of 4 St. , Oslo. SG
231 -7-3 9/ 1 / 1992 232 + 4480 100 W1 Indian River 50 . 00 400 . 00 400 . 00
Traffic interconnect at Highland Dr, Oslo, 2 " PVC in 6 " rigid pipe SCJ
* Increase Based on CPI or 3 % Number of Records 6 $3 , 172 , 75 $4 , 624 .00 $49624 , 00
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