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HomeMy WebLinkAbout1987-13810/87(S4.reso/railroad)SPB/j1 RESOLUTION NO. 87-138 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA SIGNIFYING ITS INTENT TO ENTER 40 INTO A LICENSE AGREEMENT WITH THE FLORIDA EAST COAST RAILWAY BY ACCEPTING THE TRANSFER OF THE CR512 RAILROAD CROSSING FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION AND FURTHER DESIGNATING THE PUBLIC WORKS DIRECTOR AS THE COUNTY LIAISON FOR IMPLEMENTATION OF THE LICENSE AGREEMENT. �e WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA intends to enter into a license agreement with the Florida East Coast Railway by accepting the transfer of the CR512 Railroad Crossing from the Department of Transportation of the State of Florida; and WHEREAS, the agreement grants to the County the right to cross a Florida East Coast Railway right-of-way; and WHEREAS the Florida Statutes, Chapter 335 require the counties to enter into such agreements of transfer with the State of Florida Department of Transportation; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA which was duly established by Special Act of the Florida Statutes adopted on the 30th day of June, 1925, that this official document does hereby certify the Board of County Commissioners intent to accept the conditions of and enter into a License Agreement with the Florida East Coast Railway by accepting the transfer of the CR512 Railroad Crossing form the Department of Transportation of the State of Florida, AND FURTHER THAT, James 14. Davis, P. E., Public Works Director of the Indian River County Public Works Division, 1840 25Lh Street, Vero Beach, Florida, 32960, phone (305) 567-80009 is hereby authorized to be the County Liaison person charged with the responsibility to coordinate the implementation of the License Agreement; and 1 40 RESOLUTION NO. 87-138 BE IT FURTHER RESOLVED that the foregoing resolution was offered by Commissioner Bird , and seconded by Commissioner Wheeler and being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 10th day of November , 1987. Attest Freda W 1 , L r Approved as to form and legal sufficiency: h Phi lips Brennan Assistant County Attorney Approved as to Public Works matters: J, ies W. Davis, Director P lic Works BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By i Don C. Scurir. Chairman 2 A3proved as to A ministrative matters: harms P. Ba Administrator s THIS LICENSE AGREEMENT, to be effective from the 10th day of November , 1987 , is between the FLORIDA EAST COAST RAILWAY COMPANY, (Address: Post Office Drawer 1048, St. Augustine, Florida 32084), a Florida corporation hereinafter called "RAILWAY" and INDIAN RIVER COUNTY,acting by a Ld through its Board of County Commissioners, 1840 25th Street, Vero Beach , Florida 32960 , hereinafter called "SECOND PARTY"; WITNESSETH: That the RAILWAY, for valuable consideration and the covenants and agreements herein contained to be performed and kept by the SECOND PARTY, does hereby give and license unto the SECOND PARTY the right and privilege to use, for public at -grade road crossing purposes only, that part of the right-of-way and property of the RAILWAY at the location described as follows, and hereinafter referred to as the "crossing site": A parcel of land with uniform width of 80 feet northerly and southerly, extending easterly and westerly across the right-of-way and main track of the Railway at Sebastian, Florida, with longitudinal center line located 315 feet southerly from Railway's Milepost No. 215 from Jacksonville, Florida, said right-of-way of the Railway having a total width of 100 feet in width at this location, being 50 feet in width on each side of the Railway's main track. All as sh{%n colored in green on attached Railway's plan 550 (MP 215+3151) dated April 25, 1978, Revised November 19, 1981, attached hereto and made a part hereof. 1. r. TO HAVE AND TO USE the crossing site for the term provided in Paragraph 2, or until terminated as hereinafter provided. The status of the SECOND PARTY is that of a licensee and not lessee. It has the right to use the crossing site as specified herein, but legal possession of the crossing site shall remain with the RAILWAY. In consideration of the granting of this Agreement by the RAILWAY, the SECOND PARTY covenants and agrees with the RAILWAY as follows: 1. That the crossing site shall be used for public at -grade road crossing purposes only across the RAILWAY'S right-of- way and tracks, and except herein provided, no pipe, wire, rail, or other line or structure shall be placed in or on the crossing site without the previous consent in writing of the RAILWAY. SECOND PARTY further agrees that the crossing site, together with the additional portions of the RAILWAY'S right-of-way within 600 feet of the northerly and _ southerly limits of boundaries of the crossing site, will at all times be kept clear of any vegetation or other growth greater than two feet in height on each side of the tracks at the expense of SECOND PARTY and without cost to RAILWAY or lien upon RAILWAY'S property. 2. u 2. This Agreement is for the term of one (1) year, if SECOND PARTY holds over and remains in possession after the ex- piration of such terms or of any renewals thereof, this Agreement shall be considered as renewed unless sixty (60) days' written notice of the termination of same has been or is given by the RAILWAY and shall continue in effect from year to year, subject to the same terms and conditions as herein contained. 3. 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 said SECOND PARTY shall fail to comply with any of the covenants and conditions, then this Agreement shall be void and shall terminate with full right on the part of the RAILWAY to re-enter, repossess, and remove the crossing if it shall elect to do so. 4. The SECOND PARTY hereby grants unto the RAILWAY nec- essary permits for the installation, construction, erection, repair, and maintenance of any of the RAILWAY owned or maintained facilities described in this Agreement. 5. 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 3. do by the SECOND PARTY or RAILWAY, shall be the sole responsibility of the SECOND PARTY, The RAILWAY may, at its option, perform such maintenance and replacement work and bill the SECOND PARTY directly for costs thus incurred that are the responsibility of the SECOND PARTY. Costs for annual maintenance of any railroad devices, as defined in Paragraph 8, shall be identical to those set forth in the "Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices" of the Florida Department of Transportation, as amended in the future. 6. The RAILWAY shall construct, maintain and replace a 44 foot wide Type "T" Modified crossing structure for the public road crossing. The SECOND PARTY shall at its expense maintain and re- place 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 flagman at said crossing site while work is being performed by the SECOND PARTY under the provisions of this Agreement, at the total expense of the SECOND PARTY. 7. The SECOND PARTY agrees, acknowledges and understands that the RAILWAY reserves the right to make any desired 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 SECOND PARTY agrees to bear the total expense of any changes, or additions to the pavement, railroad devices, other railroad -4- • signalization equipment, and crossing 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 SECOND PARTY. 8. The RAILWAY shall install, maintain and replace one (1) set of Type 111,2188911T signals referred to jointly as "railroad devices" at the crossing site. The aforementioned railroad devices shall be owned by the RAILWAY, and shall remain at the crossing site until it is agreed between the parties that the railroad devices are no longer needed or other legal requirements are imposed which shall eliminate or substantially change the operation of the railroad devices. The MOND PARTY shall pay the annual maintenance cost of the railroad devices at the public at -grade road crossing as provided in the Florida Department of Transportation's "Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices", as may be amended, current copy of which is attached hereto. Present annual cost of maintenance for the said devices is $980.00 per year. 9. The SECOND PARTY 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 other governing bodies having jtrrisdiction thereof and operation of the facilities shall also be subject at all times to their approval. An additional license agreement may or may not be required by the RAILWAY, depending upon the type, size, depth -5- s 14. The SECOND PARTY shall not take any action that will prevent or tend to restrict the operations of trains over the crossing site. 15. The SECOND PARTY will include in any contract which it may let for the whole or any part of said work to be performed hereunder by or for the SECOND PARTY, each and every of the following terms and conditions of the two pages attached hereto and made a part hereof entitled, "INDEMNITY TO THE FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES" and "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR". 16. SECOND PARTY shall give the RAILWAY one (1) week's advance notice when the SECOND PARTY 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. 17. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching and crossing site shall be the sole responsibility of the SECOND PARTY, and at its sole expense. 18. 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 thereof. 19. 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. 7. • A IN WITNESS WHEREOF, the RAILWAY and the SECOND PARTY have each caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicate the day first hereinafter written by their under- signed officials thereunto lawfully authorized. Signed, sealed, and delivered FLORIDA EAST COAST RAILWAY COMPANY, in the presence of: a Florid or oratil 1, ' oBY • Pres dent (SEAL) Witnesses as to Railway u+7:C' 1,J'in•;� Y� M �'(,M:A ctor _ _e:i:.,4C'IT?Of{ Vy\ ' jJ PY -C Witnesses as to Second party Approved for Public Works matters: Gt.) s W. Davis, E. Approved for ctor A rniristraHu Matters: jJ PY -C Cow,ty AJoliuistrator 8. ATTEST • ., Sn �� .Assistant Secre a y DATE: INDIAN RIVER COUNTY, by and through its Board of County Commissioners. BY: G Q TITLE• Chairman ATTEST: TITLE: Clerk �. DATE: November 10, 1987 Af Proved as to form an c9al fflC�tGtc J� Sltaro� Phillips FJr Asst, CGuntY Att,7i•�Gynan INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR In further considerationof the sums of money herein speci- fied to be paid to Contractor ,'Contractor, at its cost and ex- pense, shall obtain and keep in effect, insurance policy or poli- cies in the limits of $1,000,000.00 eachperson injured or killed and $2,000,000.00 each occurrence and $1,000,000.00 property damage per person and $2,000,000.00 property damage each occurrence directly by Cofitractual Liability Endorsement to Contractor's General Public Liability and Property Damage Insurance Policies insuring Contractor against loss or damage to Contractor upon the indemnities concurrently extended to the'Florida East Coast Rail- way Company and within the limits specified in this paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesatd, Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against losses and damages but within the limits specified in this paragraph. All such insurance, directly or indirectly for the benefit of the Florida East Coast Railway Company, shall be in a form satisfactory to its 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 size category of Class XII'or higher. 40 INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmleas the Florida East Coast Railway Company from and against all J: and all lose, damages, costa, chargee, and expenses which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, up to the total sums of money, as follows; A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation upon the generality of the foregoing descri tion of Florida East Coast RailwayCompany, mp' yyees and and officers to employees and officers ofthe mContractor� employees fand eofficers of ratofiallen' subcontractors, in the limits of $1,000,000.00 each person injured or killed, and $2,000,000.00 each occurrence. B. Logia damage, injury and loss of use of any real or personal property (a) In which Florida East Coast Railway Company has any owner- ship 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 describedae rolling stock and the con- tents of the same, all in the aggregate limit of $2,000,000.00. C. 1,088, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company occurring or originating during the first forty- eight (48) hours from, but excluding, the first five (5) minutes any break in the continuity or other obstruction of passage of trains, directly or indirectly arising from the Contractor's operations, upon said track or tracks, as the case may be, of Florida East Coast Rail- way Company at or within one hundred (100) feet of said location upon which the work is to be performed hereunder, the improvement, renova- tion, or repair of which is the subject matter of this construction contract, and also all expenses reasonably incurred by Florida East Coast Railway Company in and about the re-routing of its trains and cars to, via, and from the lines of railroad of other railroad common carriers during the first forty-eight (48) hours following any such break in the continuity of said track or tracks as the case may be of the Florida East Coast Railway Company aC or within one htndred (160) feet of said areas. • (1 N!'tlRAt 722-4[ C +TAT[ O► FLORIDA DEPARTMENT or TRANSIC CATION , ../ 7.77 DIv's ION OF ROAD OPERATIONS PAOR 7 OF I RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES COUNTY SECTION I UTILITY !O■ NO STAT[ ROAD NO COUNTY NAM[ PARCEL ! R(W JOE NO. IAF NO, AGENCY A. JOB DESCRIPTION & LOCATION: B. TYPE OF ROADWAY FACILITY: C. FDOT/AAR XING NO.: Illi MILE POST' TIE: D. TYPE SIGNALS PROPOSED:,_ CLASS INDEX: SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COSTO I Flashing Signals - One Truck i 650.00 II Flashing Signals • Multiple Tracks S 860.00 II[ Flashing Signals and Galrs • One Trark 3 980.00 IV Flashing Signals and Gates . Mulliple- Tracks 11,230.00 *Effective February 3, 1971 AUTHORITY: FLORIDA ADAIINIS7'RATIVE 11111,E (11,1.46.02 Responsibility for the Cost of Aulommir llighway Grade Crossing Traffic Control Devices EFFECTIVE DATE: February 3, 1971 GENERAL AUTHORITY: 20,05 F.S. SPECIFIC LAW IMPLEMENTED: 338.21, F.S 0 I R / W _.__ % o 32 i �I O Morn 7 .__1T O_ To docksonvrlle 11 II I I ' LICG-NSGD I! I 44'WIDE- F.E.C. RYCO. STANDARD CONCRETE RC1SS)NO _ -V LICENSED LINE p ,1� 40 40• to Mr'omi "N L on h I� � I Vo � 40 ZeV 11/19/81 -Drainage Sin.rclu�� ert�nded ' — -- - - --- ----- GO 1FLOR10A EA:T GOA<r RAILWAY COMPA_ \ti OFFICE Ui- "IIE17 ' :.t;:NEI:R ST. AUGU,'TINF, FLORIDA PUBLIC GRAIJECROSSING FOR INDIAN I RIVER COUNTY.QiF'ELL3MERE$T.(Sk51t) SEBASTIAN.-., . FLuK IIA <.ALE !"= 30 DATE 425/,78 MwVK...... ... PLAN 550N..1?ZISf3/5]