HomeMy WebLinkAbout2006-031LICENSE AGREEMENT
No
THIS LICENSE AGREEMENT, effective as of the acR day of fe6gOA/2006,
is between the FLORIDA EAST COAST RAILWAY, L L C (Address: P. O. Drawer 1048, St.
Augustine, Florida 32085), a Limited Liability Company, hereinafter called "RAILWAY" and
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called
"COUNTY."
WITNESSETH:
That the RAILWAY, in consideration of the covenants and conditions hereinafter set
forth to be performed and kept by the COUNTY, hereby permits the COUNTY to construct, use,
maintain, repair, renew and ultimately remove an at -grade public road crossing across and over
the tracks, right of way and property of RAILWAY, at the RAILWAY'S Milepost 228 + 118',
more particularly described in Exhibit A attached hereto and incorporated herein by reference,
hereinafter referred to as the "CROSSING SITE":
The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces
and automatic crossing warning devices which are, or might be, located within or adjacent to the
above-described location, provided that, the construction of the CROSSING SITE shall be done
by RAILWAY as provided in this License Agreement ("Agreement") and further provided that,
notwithstanding rights to the COUNTY granted herein, RAILWAY reserves the right to perform
all work required on RAILWAY'S property including construction, drainage, lighting and
vegetation management, in which event COUNTY shall pay the RAILWAY the entire cost and
expense of labor, materials and equipment furnished by RAILWAY in performing such work.
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The status of the COLN/ Y is that of a licensee and not lessee, granting the COLN I Y the right
to use the CROSSING SITE as specified herein.
In consideration of the granting of this Agreement by the RAILWAY, the COUNTY
covenants and agrees with the RAILWAY as follows:
1. The CROSSING SITE shall be used for public at -grade road crossing purposes only
and no utility, including telecommunications facilities, pipes, wires, cables; or other line or
structure shall be placed in, on or over the CROSSING SITE without the previous consent in
writing of the RAILWAY. COUNTY further agrees that it will at all times keep the CROSSING
SITE, together with the additional portions of the RAILWAY'S right-of-way within 325 feet of
the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation
or other growth greater than two (2) feet in height on each side of the tracks at the sole expense
of the COUNTY and without cost to RAILWAY or lien upon RAILWAY'S property.
2. This Agreement is for an initial term of one (1) year and shall continue in effect
thereafter from year to year, subject to termination by the RAILWAY or COUNTY upon sixty
(60) days prior written notice.
3. COUNTY shall pay an annual license fee in advance to RAILWAY of $6,000.00 (Six
Thousand Dollars), for use of the Crossing. The license fee shall be increased each year on the
anniversary date of this Agreement, commencing on the anniversary date of the second year of
this Agreement, by the product of the annual license fee in effect for the preceding year
multiplied by one hundred percent (100%) of the percentage increase, if any, in the Consumer
Price Index, (1967=100), issued by the Bureau of Labor Statistics of the U.S. Department of
Labor ("CPT'), or 3%, whichever is greater. The base CPI will be the CPI for the month of the
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year preceding the applicable anniversary date of this Agreement by ninety (90) days. No
adjustment will be made for decreases in the CPI.
4. The provisions and stipulations of this Agreement are a part of the consideration of the
licensing of the CROSSING SITE, and in the event the COUNTY shall fail to comply with any
of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be
terminated with full legal rights and remedies retained by the RAILWAY, including but not
limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so.
5. The COUNTY shall grant forthwith to the RAILWAY necessary permits for the
installation, construction, erection, repair and maintenance of any of the RAILWAY -owned or
maintained facilities described in this Agreement. If the COUNTY fails to promptly grant the
RAILWAY necessary permits, COUNTY shall bear all additional expense incurred by the
RAILWAY attributable to such failure, including costs due to slow ordering of trains. COUNTY
shall promptly pay such amounts upon billing by the RAILWAY.
6. Unless otherwise specified, the cost of installation, construction, maintenance and
replacement of all facilities at the CROSSING SITE, including but not limited to the crossing
structure and railroad and highway devices, whether performed by the COUNTY or RAILWAY,
shall be the sole responsibility of the COUNTY.
7. The RAILWAY shall install the warning devices, including the fixed signs, flashing
lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the
sole cost of the COUNTY; provided, however, that should the parties enter into a Railroad
Reimbursement Agreement, Grade Crossing And Traffic Control Devices, or like agreement
with the Florida Department of Transportation for the installation of the WAR\ING DEVICES
at the CROSSING SITE, thensuch agreement shall control for all purposes of the installation
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and responsibility for the cost of such installation. The WARNING DEVICES arc a Type IV
Class I11 installation as defined in the Florida Department of Transportation Schedule of Signal
Installations by Type and Class attached hereto as Exhibit C. Installation costs are estimated to
be 5357,680.00 as shown on the estimates for signal installation attached hereto as Exhibit B and
incorporated by reference.
In addition, COUNTY shall pay unto RAILWAY annually the annual cost of
maintenance of said WARNING DEVICES as provided in the Florida Department of
Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE
CROSSING TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a
copy of which is attached hereto as Exhibit C and incorporated herein by reference.
The WARNING DEVICES will be owned by the RAILWAY and shall remain at the
CROSSING SITE until the RAILWAY decides that they are no longer needed or should be
replaced, or until other legal requirements are imposed which shall eliminate or substantially
change their operations.
8. The RAILWAY shall replace the existing 74' wide Type T -modified grade crossing
structure with a 98' wide Concrete grade crossing surface (the "SURFACE') along with other
improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with
Florida Department of Transportation Standard Specifications for Road and Bridge Construction,
Index No. 560, as may be amended, at the sole cost of COUNTY; provided, however, that should
the parties enter into a Railroad Reimbursement Agreement, Grade Crossing And Traffic Control
Devices, or like agreement with the Florida Department of Transportation for the installation of
the SURFACE at the CROSSING SITE?, then such agreement shall control for all purposes of the
installation and responsibility for the cost of such installation. Installation costs are estimated to
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be S132,49 00 as shown on the estimates for crossing installation attached hereto as Exhibit B
and incorporated by reference. When the RAILWAY determines that the replacement of the new
SURFACE is more economical than its continued maintenance, the RAILWAY shall have the
exclusive option to replace the SURFACE with a comparable or improved structure. The
replacement costs of the new SURFACE shall be the sole responsibility of the COUNTY. The
COUNTY shall, at its sole expense, maintain and replace the remainder of the road inside the
RAILWAY'S right-of-way, plus any paving which may be located between the ends of the ties.
The RAILWAY shall provide a construction watchman at said CROSSING SITE while work is
being performed by the COUNTY under the provisions of this Agreement, at the sole expense of
the COUNTY.
9. The COUNTY agrees, acknowledges and understands that the RAILWAY reserves
the right to make any changes at any future time in its existing tracks or other facilities, including
the installation, maintenance and operation of any additional track or tracks or other facilities on
its right-of-way at the CROSSING SITE The COUNTY agrees to bear the total expense of any
changes or additions to the pavement and traffic signal devices, the SURFACE, the WARNING
DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE,
whether these changes or additions are required by law or order of any public or judicial
authority, done voluntarily by the RAILWAY, or requested by the COUN I'Y.
10. The COUNTY agrees that it will install, maintain and replace all necessary drainage
facilities to prevent the accumulation of surface water due to the existence of the CROSSING
SITE. Such facilities must first be approved by the RAILWAY and any governing bodies having
jurisdiction thereof and operation of the facilities shall also be subject at all time to their
approval An additional license agreement may be required by the RAILWAY, depending upon
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the location of such drainage facilities and type, size, depth and other specifications of the
proposed facilities, as submitted to the RAILWAY.
11. Lighting facilities adequate to comply with the requirements of the laws of the State
of Florida covering illumination of road crossing shall be installed, maintained and replaced at or
near this CROSSING SITE by and at the sole cost of COUNTY.
12. The COUNTY further covenants to pay the RAILWAY, within thirty (30) days after
presentation of the same, all bills submitted by Railway including maintenance bills as set forth
in Paragraph 7 above and all bills for electricity for the lighting and illumination of the
CROSSING SITE if same are provided by Railway.
13. At the termination of this Agreement for any cause, or upon termination of the
COUNTY'S use of the CROSSING SITE as herein described, all rights of the COUNTY shall
terminate and the COUNTY shall remove, under the RAILWAY'S supervision and direction, at
COUNTY'S entire cost and expense, said road and all non -RAILWAY -owned improvements
placed upon the RAILWAY'S right-of-way and restore the ground to its original condition.
14. The COUNTY shall indemnify, defend and hold harmless RAILWAY for
assessments or other charges of any kind whatsoever against the RAILWAY at any time for any
portion of public improvements installed on or within two hundred (200) feet of the CROSSING
SITE arising out of the existence of the CROSSING SITE
15. The COUNTY shall not in any way, or at any time, interfere with or obstruct
RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations,
or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns,
invitees, lessees or licensees.
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16. The COUNTY acknowledges the waiver of sovereign immunity for liability in tort
contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions
at law against the COU\TY to recover damages set forth in such statute for injury or loss of
property, personal injury, or death caused by the negligence or wrongful act or omission of an
employee of COUNTY while acting within the scope of the employee's office or employment
under circumstances in which COUNTY, if a private person, would be liable under general laws
of this State.
The COUNTY will include in any contract which it may let for the whole or part of
said work to be performed hereunder by or for the COUNTY, each and every one of the terms
and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST
RAILWAY, L L C AND INSURANCE REQUIREMENTS" attached hereto and made a part
hereof as Exhibit D.
17. (a) COUNTY, at its own cost and expense, when performing any work in connection
with the CROSSING SITE shall request RAILWAY to furnish any necessary construction
watchmen for the protection of RAILWAY'S employees, property and train operations.
RAILWAY shall be notified at least one (1) week in advance of the performance of any work in
connection with the CROSSING SITE
(b) In addition to, but not in limitation of any of the foregoing provisions, if at any
time RAILWAY should deem it necessary to place construction watchmen for the protection of
any person or property, during the construction, maintenance, repair, alteration, renewal, or
removal at the CROSSING SITE, RAILWAY shall have the right to place such construction
watchmen, or other persons at the sole cost and expense of the COUNTY. Upon receipt of a bill
from RAILWAY, COUN TY shall promptly pay RAILWAY the full cost and expense of such
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construction watchmen. The furnishing or failure to furnish construction watchmen, or other
persons by the RAILWAY under this paragraph, however, shall not release COUNTY from any
and all other liabilities assumed by COUNTY under the terms of this Agreement, including its
obligations under Paragraph 16 hereof. The COUNTY shall give the RAILWAY one (1) week's
advance written notice when it or its contractor or anyone claiming under this Agreement
proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that
proper warning may be provided for trains. In emergency situations COUNTY shall give the
RAILWAY telephonic notice. The COUNTY further agrees that at all times its personnel or
agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY
representative and any cost involved will be borne by the COUNTY.
18. After the SURFACE and WARNING DEVICES have been installed and all other
work to be performed by the RAILWAY under this Agreement has been completed and found to
be in satisfactory working order by the RAILWAY, the RAILWAY shall furnish to the
COUNTY an invoice showing the final total cost of material, labor and equipment furnished by
the RAILWAY, in accordance with the estimate of said cost to the COUNTY to be :$490,176.00
as set forth in Exhibit B and COUNTY shall pay such invoice no later than thirty (30) days from
the date thereof.
19. Installation, maintenance and replacement of any and all railroad advance warning
signs and pavement markings on any road approaching the CROSSING SITE shall be the sole
responsibility and cost of the COUNTY, and at its sole expense.
20. The COU\TY shall promptly pay RAILWAY all charges for replacement, repair or
otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of
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the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this
Agreement shall constitute default by the COI
?D'I'Y.
21. The COUNTY hereby acknowledges that it has been notified that its personnel will
or may be working in an area containing active fiber-optic transmission cable as well as other
cables and other facilities.
22. If any provision or provisions of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
23. This Agreement will be governed by the laws of the State of Florida. It constitutes
the complete and exclusive statement of the Agreement between the parties which supersedes all
proposals, oral or written, and all other communications between the parties related to the subject
matter of this Agreement. Any future change or modification of this Agreement must be in
writing and signed by both parties.
24. It is understood by and between the respective parties hereto that this License
Agreement cancels and supersedes the existing License agreement between the Railway and
Indian River County dated November 22, 1983, covering this location and all prior agreements
covering matters contained herein.
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LICENSE AREA
December 7, 2005
File: 228/39/118
16TH STREET — MILEPOST 228+118' — FDOT # 272195P
A PARCEL OF LAND WITH UNIFORM WIDTH OF ONE HUNDRED TWENTY
(120) FEET NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND
WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACK OF THE
RAILWAY AT 16TH STREET IN VERO BEACH, FLORIDA, WITH
LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED ONE HUNDRED
EIGHTEEN (118) FEET SOUTHERLY FROM THE RAILWAY'S MILE POST NO.
228 AS MEASURED FROM JACKSONVILLE FLORIDA, SAID RIGHT-OF-WAY
OF THE RAILWAY HAVING A TOTAL WIDTH OF ONE HUNDRED (100) FEET
AT THIS LOCATION, BEING FIFTY (50) FEET IN WIDTH ON THE EAST AND
WEST SIDE OF THE CENTERLINE OF THE MAIN TRACK.
EXHIBIT "A"
1^1 31D:10c
me; c:w«:
d, 3d 2
7zs :Jv
>111,w
FI ORIDA EAST COAST RAILWAY COMP.AA\
SAINT:A1;GES'I'INE, FLORIDA
VERO BEACII:
CROSSING DESCRIPTION
New Length of Crossing Surface:
Number of Tracks:
Length of Track Panel:
AGREEMENT DESCRIPTION
Responsible Party:
Agreement Date:
Division of Responsibility
Encase Fiber Optic Cable
Maintenance of Traffic
Crossing Surface
Track Materials
Track Construction
Paving
COST RECAPITULATION
Track & Civil Work Item
Encase Fiber Optic Cable
Mobilization/Material Consolidation
Construct Track Panel
Maintenance of Traffic/Police Protection
Remove Crossing Surface
Remove/Replace Track/Crossing Structure
Line & Surface Track
Replace Crossing Surface
Place Asphalt
Demobilization/Site Cleanup
Totals:
01;(19,06
15:36
AVIDEN'IIIE EXIST. 74' WIDE IN PE "T" CONC. GRADE CROSSING WITH A 98' WIDE. OMNI CROSSING.
16TH STREET, NIILEPOST 228+118' AAR/I)OT NO. 2721951'
FILE: 228/39/118
98 Tf
I Ea
138 Tf
Indian River County
Pending
County
County
County
County
County
County
Labor
n/a
1,786.68
1,413.50
n/a
463.12
2,648.23
851.82
613.32
168.50
469.00
8,414.16
TOTAL TRACK PROJECT COST:
ENGINEERING & SUPERVISION:
TOTAL TRACK & CIVIL PROJECT COST:
TOTAL SIGNAL IMPROVEMENT PROJECT COST:
TOTAL COST TO BE BORNE BY COUNTY:
Equipment
n/a
1,607.20
1,336.68
n/a
579.33
3,237.39
651.83
767.22
28.45
67.48
Material
n/a
n/a
11,646.17
n/a
n/a
n/a
8,352.00
31,731.80
n/a
n/a
8,275.57 51,729.97
$127,400.00
5,096.00
$132,496.00
357,680.00
5490,176.00
PAVING DESCRIPTION
Width (Across Road)
Length (Along Road)
Projected Lift
GANG DESCRIPTION
3 Fort Pierce Section
14 Fort Pierce Smoothing
2 Crane
2 Loader
Contract
7,500.00
n/a
n/a
16,700.00
n/a
98 Ft
80 Ft
3 In
Salvage 10.00%
Credit Contingency
n/a
n/a
n/a
n/a
0.00
n/a 0.00
n/a
n/a
22,785.00
n/a
46,985.00
NOTE: THIS IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST.
n/a
n/a
n/a
n/a
800.00
406.12
1,503.66
1,700.00
157.55
614.38
1,044.36
3,387.66
2,318.06
63.52
Responsible
Total Party
8,300.00 County
3,800.00 County
15,900.00 County
18,400.00 County
1,200.00 County
6,500.00 County
10,900.00 County
36,500.00 County
25,300.00 County
600.00 County
0.00 11,995.30 127,400.00
1,300.00 $/Ft
VIndel 1,1.1 ke.ised 7 I' b:
#REF!
fEC
FLORIDA EAST COAST RAILWAY
OFFICE OF THE GENERAL MANAGER
O F SIGNALS AND COMMUNICATIONS
DATE:
FILE:
TYPE:
CLASS:
NO. OF DAYS:
AAR / DOT #:
MILE POST:
12/03/06
10.2
IV
III
20
272195P
228+118'
Project Type:
E STIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT 16th STREET VERO BEACH.
This estimate should be considered void after one (1) year.
MATERIAL
GATE ASSEMBLIES
GATES
GATE FOUNDATIONS
CANTILEVERS 34'
CANTILEVER FOUNDATIONS
W IRED CASE, 4AB WITH HXP-3R2
BATTERY BOX
BATTERIES, SAFT SPL250
MISC. GROUND MATERIAL
CONDUIT & DIRECTIONAL BORE
CABLE
MISCELLANEOUS RELAY EQUIPMENT
POWER SERVICE
MONITORING EQUIPMENT
SANITATION & DISPOSAL
FREIGHT & HANDLING
TAX @ 6.5%
TOTAL MATERIALS
EXCAVATING EQUIPMENT PER DAY
EQUIPMENT RENTAL PER DAY
FOREMAN'S TRUCK PER DAY
GANG TRUCK PER DAY
SUPERVISORS TRUCK PER DAY
EQUIPMENT TOTAL
ENGINEERING
ENGINEERING TOTAL
CONSTRUCTION SUPERVISION
LABOR ADDITIVE
SUPERVISION TOTAL
LABOR PER DAY
NUMBER OF DAYS
LABOR ADDITIVE
TOTAL LABOR
GANG EXPENSES PER DAY
NUMBER OF DAYS
TOTAL GANG EXPENSES
SUB -TOTAL
CONTINGENCIES 5%
TOTAL
UNIT COST
$7,479.00
$500.00
$575.00
$19,183.00
$3,200.00
$78,479.00
$675.00
$212.00
$2,712.52
$45.00
$7,500.00
$1,120.00
$1,800.00
$9,821.00
$1,500.00
$181.00
$125.00
$35.00
$63.00
$35.00
$6,500.00
$312.00
$1,154.10
20
$553.00
20
272195P Rev2.xls
UNITS
6 EA
6 EA
6 EA
2 EA
2 EA.
1 EA.
2 EA.
50 EA.
1 PKG.
220 FT.
1 PKG.
1 PKG.
1 EA.
1 PKG.
1 PKG.
20 DAYS
20 DAYS
20 DAYS
20 DAYS
20 DAYS
1
20 DAYS
FDOT
TOTAL COST
$44,874.00
$3,000.00
$3,450.00
$38,366.00
$6,400.00
$78,479.00
$1,350.00
$10,600.00
$2,712.52
$9,900.00
$7,500.00
$1,120.00
$1,800.00
$9,821.00
$1,500.00
$32,906.00
$14 259.00
$268,037.52
$3,620.00
$2,500.00
$700.00
$1,260.00
$700.00
$8,780.00
$6,500.00
$6,500.00
$6,240.00
$3,476.00
$9,716.00
$23,082.00
$13,471.00
$36,553.00
$11,060.00
$340,646.52
$17,032.00
$357,680.00
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION COST*
I Flashing Signals — One Track $1,870.00
II Flashing Signals — Multiple Tracks $2,474.00
III Flashing Signals and Gates — One Track $2,820,00
IV Flashing Signals and Gates — Multiple Tracks $3,540.00
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-46.002
Responsibility for the Cost of Automatic Highway
Grade Traffic Control Devices
F. A. RULE EFFECTIVE DATE• July 22, 1982
GENERAL AUTHORITY: 334.044. F. S.
SPECIFIC LAW IMPLEMENTED: 335.144.F. S.
*This schedule was effective July 1, 2001, and will be reviewed every 5 years and revised as appropriate
based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor.
EXHIBIT "C"
FLORIDA DEPARTMENT OF TRANSPORTATION
Listed Below are signal installations by type and class:
FLASHING SIGNALS - ONE TRACK
Type = 1, Class = 1
FLASHING SIGNALS - MULTIPLE TRACKS
Type = 1, Class = 2
FLASHING SIGNALS AND CANTILEVER - ONE TRACK
Type = 2, Class = 1
FLASHING SIGNALS AND CANTILEVERS - MULTIPLE TRACKS
Type = 2, Class = 2
FLASHING SIGNALS AND GATE - ONE TRACK
Type = 3, Class = 3
FLASHING SIGNALS AND GATE - MULTIPLE TRACKS
Type = 3, Class = 4
FLASHING SIGNALS AND GATE WITH CANTILEVER - ONE TRACK
Type = 4, Class = 3
FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS
Type = 4, Class = 4
TYPE OF TRAFFIC CONTROL DEVICES
I Flashing signals
II Flashing signals with cantilevers
III Flashing signals with gate
IV Flashing signals with cantilevers & gate
CLASS OF TRAFFIC CONTROL DEVICES
I Flashing signals - one track
II Flashing signals - multiple track
III Flashing signals & gates - one track
IV Flashing signals & gates - multiple track
EXHIBIT "C"
FDOT-Type-Class.doc
INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C.
AND INSURANCE REQUIREMENTS
The Contractor by execution and delivery hereof, agrees that it shall and will at all times
hereafter indemnify, defend and save harmless the Florida East Coast Railway, L L C from and
against all judgments, and all loss, claims, damages, costs, charges, and expenses (` Costs")
which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the
operations of the Contractor, or any of the subcontractors, or both, whether directly or indirectly
under, or pursuant to, this construction contract, including any such Costs arising from the death,
bodily injury or personal injury of, as follows:
Of any person, including without limitation upon the generality of the foregoing
description, employees and officers of Florida East Coast Railway, L L C , employees and
officers of materialmen, employees and officers of the Contractor, employees and officers of all
subcontractors, and from loss damage, injury and loss of use of any real or personal property (a)
in which Florida East Coast Railway Company has any ownership interest, and (b) personal
property in the custody of Florida East Coast Railway Company under any transportation
contracts; including without limitation upon the generality of the two foregoing enumerations, all
railroad equipment commonly described as rolling stock and the contents of the same.
In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall
procure and keep in effect comprehensive general liability insurance in the limits of
$5,000,000.00 each occurrence for bodily injury or death and $3,000,000.00 property damage
each occurrence with a $5 000,000 aggregate covering all obligations of Contractor to indemnify
the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives
removed. Alternatively, Contractor may procure and keep in effect during the life of this
construction contract, as aforesaid, Railroad Protective Liability Policies insuring the Railway
directly as insured against losses and damages with the limits specified in this paragraph.
In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's
Compensation Insurance Policy as required in the State of Florida.
All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form
satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance
company authorized to do business in the State of Florida that has a "Best's" rating of A or A+
and a financial category size of Class XII or higher.
EXHIBIT "D"
IN WITNESS WHEREOF, the RAILWAY and the COUNTY have caused this
instrument to be executed in their corporate names and respective seals to be hereunto affixed in
duplicated the day first hereinafter written by their undersigned officials thereunto lawfully
authorized.
Signed, sealed and
Delivered in the presence of:
Witnesses as to COUNTY
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FLORIDA EAST COAST RAILWAY, L
a Limited Liability Company
1411eliJ ' i
ATT , T: W
Assistant Secretary
9.A -310 Cy
DATE:
INDIAN RIVER. COUNTY, a political
subdivision ofthcSP eofFlorida
Arthur R.
Title: Chairman
Attest:
pact.
Q
Title:
,, h
/�,O { 'I �2e
Date: # P .
APPROVED AS TO FORM
AND LEGAL SUFyICI FN&Y
berger
BY
WILLIAM K. DEBRAAL
ASSISTANT COUNTY ATTORNEY
Page 10
March 7, 2006
File: 228/39/118
Florida East Coast
RAILWAY, L.L.C.
VERO BEACH: GRADE CROSSING MATTERS
16TH STREET, MILEPOST 228+118' — FDOT# 272195P
LICENSE AGREEMENT/RAILROAD REIMBURSEMENT AGMT.
Mr. Hector Hartmann
District 4, Railroad Coordinator
Florida Department of Transportation
Office of Modal Development
3400 West Commercial Boulevard
Ft. Lauderdale, Florida 33309
Dear Mr. Hartmann:
This is in reference to the proposed widening at the 16th Street grade crossing in Vero Beach,
Railway's milepost 228+118'. I have enclosed a copy of the fully executed License Agreement
between the Railway and Indian River County. Please proceed with the Tn-Party Railroad
Reimbursement Agreement that will cover the initial construction cost as referenced in paragraphs
(7) and (8) of the enclosed agreement. Please mention the existing agreement and attach as an
exhibit to your agreement. Also, please add language that will make the Reimbursement
Agreement null and void once the initial crossing work is completed.
Thank you for your continued cooperation and should you have any questions or comments, I can
be reached at (904) 826-2383.
Sincerely,
watt— ci
oseph L Schonder
Manager Engineering Services
Enclosure
cc: Ms. Becky Mainardi FDOT, Aviation/Intermodal Program Manager
Mr Andy Fowler — Please revise your records accordingly.
Mr Ron Crawford — As information
Ms. Bonnie Seyle — Copy of agreement attached for setting up annual billing.
Mr. Jim Davis Indian River County — Fully executed original License Agreement enclosed
for your file.
Ph: (904) 826-2306 • Fax: (904) 826-2290
One Malaga Street • P.O. Box 1048 • St. Augustine, FL • 32085-1048
January 10, 2006
File: 228/39/118
VERO BEACH:
�fEC
, Florida East Coast
R A IL W A Y, L. L.C.
GRADE CROSSING MATTERS
16TH STREET, MILEPOST 228+118' — FDOT# 272195P
LICENSE AGREEMENT
Mr. James W. Davis
Public Works Director
Indian River County
1840 25th Street
Vero Beach, Florida 32960-3365
Dear Mr. Davis:
This is in reference to the proposed widening at the 16t'' Street grade crossing in Vero Beach,
Railway's milepost 228+118'. I have enclosed two originals of the License Agreement to cover the
crossing area within the Railway s right-of-way. Please sign both agreements and return to me for
final execution by the Railway. Once fully executed, I will return one copy for your file.
I have been coordinating this work with the Florida Department of Transportation and since this is a
County roadway with the work being funded by the State we will enter into a tri -party agreement
with the FDOT for the funding of the project. The FDOT agreement is referenced in paragraph 7
and 8 of the enclosed agreement. The tri -party agreement from the FDOT will reference the
Railway's agreement and all terms and conditions of the FDOT agreement will become null and
void once the initial installation is complete. I will notify the FDOT once our agreement is in place
and the tri -party agreement will be circulated for execution at that time.
Thank you for your continued cooperation and should you have any questions or continents, I can
be reached at (904) 826-2383.
Sincerely,
cAcro,aits- de
Joseph L Schonder
Manager — Engineering Services
Enclosure
cc: Mr Hector Hartmann— FDOT, District IV Railroad Coordinator
Ms. Becky Mainardi FDOT, Aviation/Intermodal Program Manager
Ph: (904) 8241-2306 • Fax: (904) 826-2290
One Malaga Street • P.O. Box 1048 • St. Augustine, FL • 32085-1048
IN WITNESS WHEREOF, the RAILWAY and the COUNTY have caused this
instrument to be executed in their corporate names and respective seals to be hereunto affixed in
duplicated the day first hereinafter written by their undersigned officials thereunto lawfully
authorized.
Signed, sealed and
Delivered in the presence of:
Witnesses as to COUNTY
XFrm0499
FLORIDA EAST COAST RAILWAY, L
a Limited Liability Company
1411eliJ ' i
ATT , T: W
Assistant Secretary
9.A -310 Cy
DATE:
INDIAN RIVER. COUNTY, a political
subdivision ofthcSP eofFlorida
Arthur R.
Title: Chairman
Attest:
pact.
Q
Title:
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/�,O { 'I �2e
Date: # P .
APPROVED AS TO FORM
AND LEGAL SUFyICI FN&Y
berger
BY
WILLIAM K. DEBRAAL
ASSISTANT COUNTY ATTORNEY
Page 10