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HomeMy WebLinkAbout2008-441 (2)\,res- IAAY 20 2008 SUPPLEMENTAL AGRFACNT, */ .„,...., .., o�- W/ File No. 234141 COP,' * or (2642,a, Ai-cseeeAlf ewr ,, ,. / a .1-4,150zeoy et's/ r4 S. L. itai.tgaitAitner SUPPLE/20UL AGRAMEW, ?lade in triplicate this /V day of 19 14, by and between Florida Fast Coast Railway Company, einaft called "Railway", and State Road Department of Florida, herein- after called "Department", W IINESSET Hi WELREA.30 There is an existinggreement dated April 1L, 1928, by and between Railway and Indian River County, a political subdivision of the State of Florida, wherein and whereby Railway granted unto said Iridian River County the right and privilege to use a strip of land for road crossing pure poses only across the tracks of Railway located at a point 3,059 feet southerly from Railway's Mile Post No. 219,. as more fully described in said Sgreement„ which Agreement is marked Exhibit "JO', and WIERLA51 Department has requested of Railway the right and privilege to widen and improve said crossing and install automatic croesing protection devices thereat, due to the fact that the public road served by such grade crossing having become SR 5-150, as hereinafter provided for, and NOS, THEREORE, in consideration of the premises and other good and -erasable consideration, it is agreed by and between the parties heretos 1. That certain Agreement dated April 14, 1928, by and between the Florida East Coast Railway Company and. Indian River County, Florida, a polit- ical subdivision of the State of Florida (a Xerox copy thereof being attached hereto and made a part hereof), be and the same is hereby amended so that the description of the right of way of Railway as therein granted to Indian River County, Florida, for road crossing purposes, shall hereinafter read as follows, viz: A strip of land with uniform width of 80' north and south extending easterly and westerly across the right of way and over tracks of the Reilway with longitudinal center line of said strip of land intersecting center line of Railway's northbound main track at a point located 3,059 feet southerly from the Railway's Mile Post No. 219, as measured from Jacksonville, Florida., with said right of way of the Railway having a total width of 100 feet, being 50 feet in width on either side of the center line of the Railway's northbound main track and said 80 foot easement forming an angle of 64 degrees, 51 minutes with Railway's main tracks in the northwesterly and southeas- terly quadrant thereof. tate ri;iht and privtles W replace and maintain one 30 inch corrugated metal pir2c under propoeed road crossin and alitmed with the ilailway's westerly drainstr.e ditch. r\s, shown on prints of 'Asilway's ?len ..;orr. ted November 5, 1963, attached hereto and made a part 4ereof. That said Amendment is r“pused and consented to by ind14).n .,Iver County by 411 ondorsement executed by said County appearing at the en,J of this thi upp1e. mental reement; Athout, however, in anywise modifyint or emenoireany of the toms and conditions of said ,6reement Oetween dailway eno ljdin ivcr .;ounty, ,lorldn,te i April 114, 1928, or in anywise releasing said „;ddnty arryof its c'oveants, liabilities, or obliYations t:iereunder. 2, That in connection 4t t widenin4 nnd :, Iwy shall urniu materirl Pn4La : :ur ix i1tionof timber fltd.,,,,.-14nTs at *aid cros,Ah complete cot t otate bed Thwild 3.111 perform all other work required ;or the wioanin, rehatoilim. tation oi the grade crossing with its forces and co ctr nIWc, no expeaaa Or olor,:744 to 4ilwsi 0 eta property. 74allway .1st,4411 ruv:, t clag,tan at the ni.ove 6esCribed crossing (t the rate of 3:000 per day) uhile work is bein7; perfomed on :tailwny right of 411y4 all ttthe vApen3e of :A-af,e 7 3, ',)epartment or .1spartments Contractr shall :ive theief i!.n-tneer of the 4silway at least seventy-two hours notice grist ;)arforming or nny rh ithin t':limit of the ,Ai.iwai's rik:ht of way, That in connection said qldenini:: Pnd 1-nprov!..o. tbe aboVe descrined area, 'eilutry, at its t„)r:ense„ shall ,:repere its r*,io,, linst, ties, mLia, and uth(r relIrenA 41.2-dinnces (but not liT;es) in iod condition t.o reeciv(, ernenent paving betweeu tA,.t o)norete headers on tile outer sides of the outer rails (or where there i le.) ,leader tween ihe outer ends of ties of the outer rails). The 7.3.so furnja t (Aperws:, supervision 'or 1i rk to 1,7, :3 (" rfar tied V 4:1 tr. tate (3, d °:eParts° mtnt t its expense, supervision Cor all work to be pf,4:-rforrne73 b t tate fiw.d D. ort.nt between the headers or rd5 of ties as aforesaid. '.Oad ,*pertr• AOnt gt its expense, shall furnish A 11 ibor and MPterinls requml for etamta* gradin4, .oavin, installation of tiber fiengeways and all other work required far the crossing (except as hersinabove stated), from right ofway line of the I.' - 3 - The tate Road Department will bear the expense of raising or relocation of all pole or wire lines on the rieet of way of the Railway at the creeeite, which my be required for clearance nt the croseing, ehere chanee of aevatiect or change of alignment is required. for eny one or more of the rails at the croseine, sech work hall he perforeed uy the eailway, and the _Aate Load De- partment will bear and pay the reasonable cost thereof to the Railway. The toad eepartment shall not take an action that will prevent or tend to erevent the operation of trains over said crossing during such cone struction. fhe Road Department hereby crents unto eloride at Ooast iiiwny eeeny all necessary permits for the installation, construction, erection and maintenance .- any of the facilities, work or fixtures mentioned or contemplated in ;116 o ti e Agreement, and 1.orida elet Coast Aailway Compare( seall. give the Aped eepartment forty-eight (48) hours notice of intention to perform nny such instailation,.constructionl.repeir, erection and meintenance. 6. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of theabove privileges, and in the event the said toad eepartment shall fail to cumply with aey of Lae covenants and conditione, then this License shall be void with fUll right on the part of the Reilway to cancel same. 7. railway nnd Department do eurther agree that eAtomatic assail protection devices consisting of flashing lights, gates and bells shall be in» staled at said crossing end shall be the matter and subject of a. separate Agreement by and between Railway and eoed Department and such Agreement shall contain the following provisions: A. That said automatic crossing protection devices shall be in.. stalled by Railway and by Railways forces and contractors, but tee cost of such automatic croseine protection devices and other eaterial fitadentall- thereto together with the cost of such installation shall ee at tee complete co et and. expense of Department. That Indian River County does hereby covenant an.1 flree, by the ex- ecution of the C,onsent Zndereement at the end of this Supplemental greement to eay upon the installation and coemenoement of operatlon of s*id. automatic - 4 crossing protection devices, an annual amount of w9.90 covering the mintenante and operation of said. automatic crossing protection devices; thnt first 3uch annual sun shall become due or payable to Railway within ten (.:,W) jays from the date of commencement of operations IN WTTNi. WHEREOF, the parties hereto have caused this Agreement to be executed at day and year nrst above written, sealed and delivered FLORIDA EAST COAST RAILWAY 004.1ANY, a glorida corporation in tris ofesence of: A 'es *.r.stoent THE STATE ROAD WARTMENT OF ;eL)PIaA ecutive ar ctor Secx Ai''PRCVE: 17, FC,7:1'11 ANDtatieR441- . T. D. NY tary CONSENT OF INDIAN RIVER COUNTY KNOW ALL MEN RY THESE PRESENTS: That Indian River County, Florida, acting by and through its Hoard of County Commissioners and in consideration of the benefits to enure unto it from the foregoing Supplemental Agreer, nt does hereby fully consent to all the terms, conditions, and provisions thereof and does hereby further consent and agree to properly perform all ooh- ligations upon its part to be performed thereunder and, without limits wnataoevear to the foregoing, does further consent and agree to said Amendment to said Agreement of April ]J4, 1928, by and between Florida Bast Coast .Railway Compaxny and Indian River CowTty, Florida, as attached hereto and further does consent and a 'ree to promptly pay for any and all maintenance required or necessary in respect to the automatic crossing protection devioes to be installed at the crossing as described in the foregoing Supplemental Agreement. IN WITNESS WHEREOF, said Indian Iver County has caused this Consent to be executed in ite name by its proper officers thereunto duly authorized this :' Z iiday of ` „ , 9 INDIAN RIVER COUNTY, FLORIDA, acting by and through ita Board of County Commissioners in and for Indian Raver County, Florida Atteet: e 4y the '< (s L) RNSOLUTION NO* Upon motion duly made and seconded, the following Resolution was unanimously adoptedt WHEREka, in the opinion of this Board of County Commissioners in and for Indian River County, Florida, it is deemed advisable and necessary for Indian Aver County, Florida, to enter its Consent to that certain aup- elemental Igreement by and between Florida East Coast Railmay Company and Florida State Road Department whereby Indian River County does thereby agree among other matters to an Amendment to that certain Agreement by and between Indian River County and Florida Iset Coast Railway Company whereby the des' cripteon of the land is therein set forth is amended and enlarged, so as the Florida State Road Department may improve and widen said crossing (said erossing being located at 3,059 feet southerly from Railway's ale Post No. 19, and further, herein such Consent, Indian elver County does further agree to bear the cost of maintenance of an automatic crossing protection devices installed at said crossing, all according to the further terms and conditions in cagy of the Supplemental Agreement oetween Florida east Coast eailway Company and Florida State goad Department to which said Consent of Indian Aver County appears Pt the end thereof aa now on file in the office of the Jlerk of the Board of County Commissioners of Indian River County, Florida: 1. That Indian River County, Florida, as political subdivision of the .;tatE.,- of Florida, acting by and through its Board of County CommissionerS does hereby agree to and enters into that certain Consent to that certain Supplemental Agreement between Florida east Coast Railway Compeny aid the Florida State Road Department wherein in such Consent it is provided that Indian Aver County consents to an Amendment of its Agreement dated ,pril 1L, 1928, with Florida Last Coast esilway Company, covering the crossing located at Mile Post No. 219 plus 3,059 feet southerly and does further therein agree to bear tee cost of any maintenance of the automatic crossing protection devices te be installed at said (=seine. 2. That Robert W. Grave, as ahairman of this Board oa eounty Commissioners in and for Indian River County, Florida, with the attestation or_Dslzilas Baker 4 as Clerk of this ioard, be enc they liereuy Lre each authorized and directed to execute said Supplemental Agreement for and on be- half of tne Indian alver County, Florida, and to submit the same for execution by lorida aast Coast Railway Company. 3* That this rlesolution snail take effect immediately upon its passage. DON, ORDIIRED AND ADOPTED in Regular session this 6th. day of sEAjL,__J SO StATE OF FLORIDA COUNTY OF INDIAN RIVER ) is Douglas Baker , Clerk of the Board of County Commisaioners in and for Indfan aiver County, ilorida, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by the iioard of County CoadeA.oners insession the 6th day of. May 0 A. D. 19 64, as the sante appears in the public records of Indian River County, ?lorida. IN WITNESS WHEREOF, 1 have rtereunto affixed my sipature and official seIio:iice rt Vero Beach s J1.oridas this 6th detY A. D. 19 64 • o o' t7, *o a y Coit ss oners in and for Indian River (ounty„ Florida ) (e. fele—)