HomeMy WebLinkAbout1977-007RESOLUTION NO. 77-7
BE IT RESOLVED 13Y T11H BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to
execute or, behalf of Indian River County, a License Agreement with the
Vlorida East Coast Railway Company for a sub -grade ten inch diameter
water main crossing of railroad right-of-way and under its tracks. It
continues Eastward on the South side of 3Gth Street, said water main to be
encased according to engineering specifications and to be located under the
centerline at a point. 793 feet South of Mile Post No. 2GG, Vero Beach,
Florida.
This Rcuolntion shall become effective as of the 19t day of
January 1977.
BOARD OI COUNTY COMMISSIONERS OF
INDIAN RIVERCOQ FLORIDA.
,By: /' t �� ., 1 ?i&4i1
William C. Wodtke, JV Chairman
Attest:�" `�f J ,
Clerk v
JAN 191977
goat 28 A � 32$
rens !21•.•Rr.1,tQ•••Nul Iw Sloi.
THIS LICENSE ACRPLMEWP, Mude and entered into, In duplicatkN thio....o_day of ............................
A.U., 19....... by and between I'lorida East Conut Railway Cornpnny, hereinafter colied "Railway" and
INDIAII RBRI COURY, a PolilAcn). Suhdivinton of the Mato of Merida acting by and
. n.b..............._....._............................_._.._.._._. �._..___........ .
t}rreur;h its Anard o£ County Oo:a,lisniouor'i
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_ ......__
�GDDitI;S9t Cout•t• Tiouse, Voro L'c!:cit, Uloridtt 32960) •, .• the fit•nt year oast x20.00
hereinafter 'called "Licensee", WITNESSLTti: /for ouch year thereafter
That Railway, for and in consideration of the euro of $50.10/ and the covenants and agreemonts
.of said Licensee hereinafter act forth, hereby give to Licensee the right and prlvlle�:¢ to construct, In -
atoll and maintain certeln appliances or fixtures for such time hereafter as the Rslltvay, In Its discre.
tion, shall and may permit as follows:
A subgr!.dc ten (10) inch water renin crossing of Railvayra richt of tray
and under its tracks that oontimica oant,ward on the nouth side of 36th
Street, said outer Train to W moaned i.n a 22 inch steel casing pipe
to trona undor tho centorl.i.no of tno tmitt, or east, track at a point
793 foot nouth of liilepout 1!o. 226, Vero Peach, Florida.
All as ahowtt on Plan dated Dae=bor lit, 1976, prepared for Licensee by
Doindorf te Associates, Inc., and given Ito. 226-1-2 by tho Railway, t:hich
is attached heroto and rtado a part horoof.
And Lic�..4eo hereby covenants and agrees as follows: i
1. That esid cpplience or nature hereby permitted, shell ba of the muni strenr;th and fitnasn for the
purpose used and be put in a good and workmanlike manner. All con :ruction or installation of all of
Licensee'n appliances or firturca shall be both commenced and complctid within nix months from dote
of this Instrument and no reported in writing by Licensee unto Railwryp within said six months or in
default thereof this License Agreement shall etind aulomaticrily teminated without any notice or
action by Rallway.
2. That If avid rppliance or fixture is a pipe, to extend under the tracts of the P.rilway, the esme
shall be located not less than -5 feet below the bottom of tis in such track -9, and properly
safe -guarded as tnny be necessary or as required by Ralhvay; and if Itis a wire line to extend over the
traeke of the 11011way, the same shnll be located not less than------ —feet above the rails, and the
poles carrying, such wires nhal! be double -bracketed and cf good and eidt•icient quulity and size for pur-
pose used and located as hereinnfter designated by the Railway end eearrely planted and fastened ao as
to prevent the same from falling on the trachn or other property of the Railway or upon other wires on
the right of way. No other facilities of the Licensee shall be loxted ulsn any of the Ilailway's property
without Its prior written permission.
TAG[ 1
JAN 191977 • ' la;if,t 2� : ! 3n9
E7
3. That if 11 livens! is hereby nowt for u talo:. npr., i, . ysiu.:+u or other aignahline or linea, (lien any
crossing of IItc snutc over or under Itnilu fir's Ir ,�',+. thX; he roustrucicd and t uthttaiucd in conformity
a dh ('art Otic of Itules, Itegulawavi and 9-weiNcalinn • t;. • ; rning the construction find maintenance of
telegraph, lelephuur and other vigntd lino, uvrr u, muter the tracks of aleam rallruuda in the St, of
Florida, adopted by Railroad Commiaaionera of lha State of Florida. on May 7, 1924, effective August
1, 192.1, 111111 all amendments tbereh,,
4. And if a litrnsc is henchy y;tvcn for +n,cictrtit tif;Lt lir power Ince lir tines crossing liver or under
tracks of Railway, tben such crossml; shall be coosturicd and maintained at cuo(ormity with the Iaovisions
fit list- National Elcrtucal Salety Code as set midi in Haiollvsrk 11•43 of the National Bureau of Standards in
Its preu•nt (urns or as suhsrtpnentty nevised,',unended plus additional facilities as Railway may require to pro.
•',ltt't all 111ns to"lm"n t.urien 1,11110.11 ..{ :•rations, using ", un Railway's fight "f way subject to injury or
daimige .Isiog (ruin the aforesaol f-w,ttuat of Licensee's Ltcditics.
1 Thc'Lacnset• +hall wofhu thirty (10) days after lite hc,c"f, (61.1111 all necessary permits, licenses
and Irimlows ttquitt•d In• lath Whenever under IF , agiccmrnt Licensee's power lilies cross fir ,uc fixated
wiihin. . Ices from any Lacs, lir wires of any licensed annmums.nion utihry on the light of way of
Railway Licensee shall at all limes i"evcnl interference at sty way with she tunstruciion, m;uuteu.mte or
operaliou "f such trussed lir adptcuu telephone and tefctiraph wires.and in such event, Leccnsce shall adopt,
use and maintain the lxsl know" a"d mint effmive nterhnds to protect the aforesaid telephone and tricgraph
wires and lines form physical harard and inductive interlere•nte.
6. That snid applinnce or fixture of the Licensee shall not at any time interfere with or endanger
the track, roadbed, or other property of the Railway, or the operations, maintenance or improvements
of the Railway, or of tiny other party, thereon; and Licensee shall At its own•expense, ort notice from
said Railway, forthwith change, improve or repair such appliance or fixture as may be prescribed by
said Railway.
7. The Rail ay raawnree the rifht to cancel this license ay;'ootaent upon thirty
(30) class written notice at" liconr!ao will, nt its own exponso, within tho afuro-
vientionod thirty (30) days, rctove any and all Said rspp)lancos and/or fisturea of
Use, licensee fron the right -of -xray and property of caid (railway. .
a
6. That upon Licensee failing to completely construct or install a, provided to paragraph 1 or aban-
doning or ceasing to use and maintain said appliance lir fixture herein ,pecifibd. or upon the cancella• 1
lion and termination of this agreement ;is herein provided, or upon the accidental or other breaking of
said appfiauce or fixture causing damage or danger to the Railway's roadbed, tracks, or other property, i
Licensee shall and will at once remove said appliance or fixture and restore the premises to Hx former
good condition or at once repair such break or damage at its own cost and cxpcnae; and failing so to
do, the Railway may. make such removal or restoration At the cost and expense of Licensee.
ft. That Licensee shall rind will cause due notice to be given to the Railway when Licensee or its j
contractor a anyone claiming under Licensee, proposes to enter upon or cross the tracks, roadbed and
other property of the Itailway with such appliances or fixtures or for excavations therefor, in order that
t
proper protection mrhy be provided for trains.
PAGE a
.fA.
JAN 19 1977
10. Yn con;:W? ration for t).a grr.n.S•:t1 of thls eroasing rand in recognition
of the eurrunuro to hvnaiLd of the nperai ic-k of the ltnilway by rgason of Ilio
coftstrtr.tLott . naintatuncv bird ura of sr.ld crossing, the Licensee does hareby
release cud agree to indorinify wxi sow. Railway barnleno from and against
all llubilitios, cluf.na, costo r. -l-.1 exl:rna,,c for luau or damngo to the property
ed Oitht.r p.7.rty hvreto or of third persri:. and for injuries to or deaths of
Licenaeu, or the sr. -wits, omployacs or invitvun of Liccnsae or third perannn
or the eriployees of Railway catucd by r.._ ar.iminv oat of the presence,
MintmnAnce, use or ruuaval of chid cronning, rugardluss of Any negli,once
Or Alleyad nr.glIWncc on the past of ct,y otaployou of the Railway.
11. Licennue covonante to pc.y Railway all costo of ouporviaion, labor
and KAtarial incurrc..A by llailw::y in vv,•rrvining, protecting and restoring the
property of the Roilvay by rcaacrt of oh,:x;r;ion of Licennoo.
22. That this r.groenent shall be bi.r.3ing upon the nuccenoors or the heirs
and aoeiirta of Licenr.co a:ad none ca tl:: co3rnnnto ox apraer::ants herein contained
c:Aall bo vruivud or mozlified ouccrt by br,;:h partlea hora,to in rs; iting and no
alleged wr:.al aaivar o:: medii'icction u'-.ril be hintliwj under coy cirrctutratances.
19. Licontize agr.c•rio to pay C;rd7. �y, upon tinct onecution rand delivery of
thick ogroarent, the r.acavo"y btioant c•f dc-,t^atentary ativdp taxer, required to
be affixcc; to thin r.g.corvnt unu ;w thz latrs of ihz LMitcd Statca of Arerica,
the Statn of Florida, or both.
14. Licona®e atr.reos that, if Licanc•.:a It; hcra£n required to pay unto
Milway Lily ora of nonny as rzny bo epr.z:i.ic.d on firm pnga lirreof, Liccnooe
pill pay unto P.ntl•.Tay the n(,.c+ of .^.^> rn in each in advance for each year
Cox trhich this b4ucunont nay be rur.crxcu or ray voaafn in offect heyond ano
year troa duto hczcrZ.
i
I4. Liennaae r. xcsn that 9.6. will, r.2 Ito o> ^qnao. ndjuat to raid
ifiscilitfvu to n-ry phycicul ch„nt;� or cv11tioaa na'lo at any tiro by th•z Failt;ay
)M its tsrc!:c, or V':a fcnilitioo ou, as Ito property At this location.
19. Liconcca agrceo that ita fr_¢ilitrtro ohnll bo inatallod and raintalncd
bp and At -area oxnnna:- o;' Licr^rr'•a San c r ^-r:no► tl:^t will not o: :any tir.'a bo
a dangor to oc intor^'cro with tho ctfa cad officlent ojarntion o. tho RuiU.'ayrs
ta¢e::o o_ equip;zan'Z tit.rocn, the: such weal: rh:,ll bo r,ubjcet ,.t all t<nco to
thu apprevc.1 of on c'sihorlccs rcprocon.ativo of tha Foiltray.
19. if Liennroo ho a runicinclity c^ e. pcalic or quasi pt:)lic corporation.
Van it ttrscao Qhc2 rro aceanra tot cs other charg:ao of any naiv o whatccK)vo;
shall lrx� Ec:ar"_s3 or crc+.a aguirr.t ^.Ire Pr:iltr.y Cr ut,alste. Ito pzcrp-rty cn
MCOL O 01 ilia instali:atioa w ouiote-mu c3 Liccucc:*sre facilitica at this
Mo it Lcm
Ig. Toth prstfen i_:.toto a�;rc.i t'1ol k'r.o froviofr. o of'Qanar,•rl `livAficatrona
PCI 1,111-3 CP,0.;1t:13 U:.:;: = lir. a"s
RrD I'.�'YO^;S P,:1FU...1:�G IS3:.F.i. O? t":F ['(f; Kat)-d�LFSCJd;:JS ;:[&;;,1.'f>IfWCC;", c.EL•r;chc!
bAtto6a rs:4 r.rin A part lZ�311c:ef, e.`_all ctr; ly to the tverlc of and rigtika Lind
(rrivS$o�o F.trdy g£cc:t to Licari; :o.
10. 1Q Io S'zsther r Crnlly t-;_.rrotne9 =11 apcci:d by and Iwty--an th.a partfiuo
harato that CAM orarrar.`:k croaninj SaoCnTlrtion ohial bo nprh:rd by tho orccti.on
o2 a nuL'tr.•altr r.,oait:^nk Lcwatci ui r.rt:h uS,•to rf the I:nifmny'a rifjht c,f we.y,
611 in arickordonno with itofsctrgln nuAd attnultvd (:Viral spouliM.P.tionck.
Pago t
JAN 191971
20. It is further mutually understood and agreed by and between the parties
hereto that Licensee will not bore, Jack or tunnel under Railway's tracks
without having a railroad watchman present at all times wnrk,hereunder is
being performed, if one is cdeemcd to be necessary by the Itnilway's Chief
Engineer; further, that Licensee covenants that it will include in any contract
which it lets for the whole or any part of ilia said work to be performed here-
under by or for the Licensee, each and every of•the following terms and
conditions of the two (2) pages attached hereto and made a part hereof entitled,
"INDMITY TO FLORIDA LAST COAST RAILWAY COMPANY AND CONTRACTUAL LIAIIILITY
ENDORSEMNTS TO CONTRACTOR'S PUiILIC LIABILITY AM PROPERTY DMIAOE LTABTLITY
` INSURANCE POLICIES DURING SIC11 INDEI•'s1ITIES", and, "INSMANCH FOR EENEFIT OF•,
• FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, K1117 IN FULL. FORCE AND
EFFECT AT COST Or CONTRACTOR".
xxxxxxr.xxxzxxxxr..xxxxxaxxxzxxzzzxxxxxxx x
xxrxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
IN WITNESS WHEREOF, The parties hereto have cauccd these preeenta to be duly executed In dupli-
cate the day and yenr first herein writ(en.
Signed, sealed and delivered in presence of: Florida Boat Coast Railway Company.
Ry
........................ _._......... ..._...............................
.............._......................................... (seal)
Preside.:.nt.
I............. .
11MT/61i ILTIM11 COJiirY,' a political sublivinion
_.......... _.............
W..I -nes . . es ..05as . to .R.a.il..wny: of tho 5tuto of 1lorida ac Ling by and through
its Eoard of County Ccvnisoio:mrn,
�. cl
y
<N�.� �'�........ I3y: .......�.�_=,..�... (• )
� i- Gf%�� r;/ � ,eat
cil�.i�C,a/rt...
Attost:.... 1).. ".it. !!) ..�1 .....(seal)
Witnesses as to Licensee. C1a1 k,
PAU 1
JAN 19134lD :.1 332'1'/
IIJSURANCE I"OR BEIIliFIT OF FLORIDA EAST COAST
RAILWAY COMPANY TO BE O MAINED, KEPT IN PULL
FORCE AND EYFECT !:1 COST OF CON'T'RACTOR
In further consideration of the sums .of money herein specified
to be paid to Contractor, Contractor, at its cost and oxpense,
shall obtain and )seep in effoct until acceptance of all of the
work under this construction by Indian River County ,
insurnnec policy or policies in the limits of $500,000.00 each
person injured or killed and $1,000,000.00 each accident occurrence
and $500,000.00 property damage directly b• Contractual Liability
Endorsement to Controctorts General Public Li.nbility and Prop•:rty
Damage Insurance Policies insuring Contractor against loss or
damage to Contractor upon the indemnities and within the limits
specified in the foregoing paragraph. Alternatively, Contractor
may procure and keep in effect during the life of this construction
contract as aforesaid Railroad Protective Liability Policies
insuring Florida East Coast Railway Company directly as insured
against the losses and damages but within the limits specified
in the.foregoing indemnity *paragraph. All such insurance directly
or indirectly for the benefit of Florida East Const Railway Company
shall be in form satisfactory to the Manager, Industrial Development
and Real. Estnte of Florida East Coast Railway Company or its General
Attorney and iseued by a casualty insurance company authorized to
do business in the State of Florida and having a "Bests" rating of
not less than Four A's or better.
,
JAN 19 1977 v 28 333
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. o
INar:�✓a ITY TO FLORIDA EAST COAST RAIL WAY COMPANY AND CONTRACTUAL 1
LXAUILITY CNDORSCDGiNTS TO CONTRACTOR'S PUBLIC LIADIL M AND
PROPERTY DAMAW LIADILUY INSURANCE POLICIES DM INC SUCII INOMM ITILS.
In further consideration of the sums of money herein agreed to be paid
to the Contractor, the Contractor by eyecution and delivery hereof, agrees
that it shall and will at all times hereafter, indemnify and save harmless
,Florida Cast Coast Railway Company from and against all suits, claims and
,judgments, and all loss, damages, costs, charges and cy:penses which Florida
Gast Coast Railway Company may suffer, sustain, or in anywise be subjected
East
on account of or occasioned by the operations, whether or not negligent,
Of the Contractor or any of the subcontractors, or both, such'directly or
indirectly -.:dor or pursuant to this construction contract, up to the total
sums of money, as follows:
A. On account of death, personal injuries, loss of incone or earning
ability of any person, including without limitation on the generality of the
foregoing description employees and- officers of F)orida Gast Coast Railway
Company, employees and officers of materialmen employees and officers of the
Contractor, employees and officers of all subcontractors, in the limits
Of $500,Q00.00 each person injured or killed, ani $1,000,000,00 each.
accident occurrence.
B. Loss, damage, injury and loss of use of any real or personal property
(a) in which Florida Fast Coast Railway' Company has any ownership interest
and (U) personal property in the custody of Florida Gast Coast Railway Company
under any transportation contracts; including without limitation upon the
generLlity of the two foregoing enuiaerations all railroad equipment commonly
described as rolling stock and the contents of the same, all in the aggregate
1lucit of $500,000.00.
C. 'Loss, injury, decline in market value or deterioration in quality of
any perish.,ble merch.,ndise in the custody of Florida Cast Coast Railway Company
occurring or originating during the first forty-eight (.II) hours fron (but
excluding the first five- 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 cast Coast
Railway Cdnpany at or within one hundred feet of said location upon which the
work is to be performed hereunder, the improvement renovation or r' f
1 ;
which is the subject matter of this construction contract,�andralso all �
expenses reasonably incurred by Florida Gast 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 (43) I
hours following any such break in the continuity of said track or tracks as
the case may be of said Railway Company at or within one hundred feet of said
areas.
JAN :1.91977
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