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HomeMy WebLinkAbout1980-07640 40 RESOLUTION NO. 80-76 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to execute on behalf of Indian River County, a License Agreement with the Florida East Coast Railway Company for a sub -grade ten inch diameter water main crossing of railroad right-of-aay and under its tracks. It continues Eastward on the South side of 12th Street, said water main is encasad according to engineering speci- fications and is located under the center line of Railway's Cain track at a point 3,475 feet South of Mile Post No. 228, Vero Beach, Florida. day of This Resolution shall become effective as of the July 1980. 30th BOARD OF COUNTY CMIISSIONERS OF INDIAN RIVFP. COUNTY, FLORIDA. By: Chaff Attest..���,�t Clerk T~ Fprn: -Nor for Stock THIS LICENSE AGREJEMENI', ,blade and entered into, in duplicate, this30---- day of ......July A.D., 19 ... ;l by and between Florida ast Coast Railway Company, hereinafter called "Railway'° and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida, acting by and -thiough its Board of County Commissioners, __(ADDRESS: Court House, Vero Beach, Florida 32960) hereinafter called "Licensee", WITNESSETH: That Railway, for and in consideration of the sum of � / aper year) $20.00 and the covenants and agreements of said Licensee hereinafter set for th, hereby give to Licensee the right and privilege to X�6jjAfzW1 jd_ {WYAH maintain certain appliances or fixtures for such time hereafter as the Railway, in its discre- tion, shall and may permit as follows: A subgrade 10—inch cast iron water pipe installed in an 18—inch steel casing pipe extending easterly and westerly across the right of way and under the tracks of the Rail— way at 12th Street, Vero Beach, Florida, at a point located 3,475 feet, more or less, southerly from the Railway's Mile Post No. 228 from Jacksonville, Florida. As shown on print of the Railway's Plan Corr. File 228-125 dated August 15, 1962, attached hereto and made a part here— of. And Licensee hereby covenants and agrees as follows: I. That said appliance or fixture hereby permitted, shall be of the usual strength and fitness for the purpose used and be put in a good and workmanlike manner.,JI/Q�/�4/y!¢t��6y(/q�/�(y�j��d�Ybt/ JAW44WANriWNMM{jVVe6/dh(a/lI'W11VVZG>k/AUMWAAA MoUj k&X✓ikl{iWAjWkifdr(dA/j6kik �/�,/ �+{�'J�t��/9'dd bbl�4bkB� 1 d M/✓itihr�/ �6/Y ik,�h�dd R�r�6 /itl� j1 J.Ja� �G/�iYS i�/ /slilc! /,�:E /,hb6W /o%/ U / d�#d►1i�lYt/eifkbA/bt�(d /1/ikk�f{d //iii#/ddntdddl�t�/i!1/6tlalr/d'/a(�E6�u(la��il�/k��r6lik�tkbl �ll(d�tl �i�/�ki�.�/�il / 2. That if said appliance or fixture is a pipe, to extend under the track of the Railway, the same shall be located not less than --- 5.0------ feet below the bottom of ties in such tracks, and hrnnn.•l., safe -guarded as may be necessary or as required by Railway;i Y _.' tr�a��/iiiiiit/;��tir�r��►/d>!d��>!��d������►�� / l / � EV !� � b { d.415 E /,fI�S 1� k,k>4✓ illd pbr�/✓✓�a�>�l<�,�r«��/��r��/��r�r���¢tau;������rv��r���,��tr;�r�zk/J�r�nr�i��r�r�r�r�ra�1S�{r rAd NN AW UAW X>sMtQiqxev d {jkhkYYAjfN�/Ai7/ft/RAA/{{,./t6titdd lf�fYllA6d �blJd t>�ir�'�f {lid x���/�i�!>�/�Nl��fv'Ml�d�{d�alh{�i�>E{hk616d1�•/df/IM�l4r�J4WAhl,6{,(��6/ild�,r+;vl �'u64/dK tr{N"VolH#Y./AidAMWfd9%tyeAl9/t ddJifdd / ►tJYHdYv d�'bh6rS yi6>l{6(d1f (YW�I�'A�,lnf f ¢d�jf�l$lt%��/1�9ii/�S�id�iid�// No other facilities of tha Licensee shall be located upon any of the Railway's property without its prior written permission. PAGE I 40 G` •6 3. That if a license is hereby given for a telegraph, telephone or other signal line or lines, then any crossing of the same over or under Railway's tracks, shall be constructed and maintained in conformity with Part One of Rules, Regulations and Specifications governing the construction and maintenance of telegraph, telephone and other signal lines over or under t•ho tracks of steam railnxids in the State of Florida, adopted by Railroad Commissioners of the State,of Florida, on May 7, 1924, effective August 1, 1924, and all amendments thereto. 4. And if a license is hereby given for an electric light or power line or lines crossing over or under tracks of Railway, then such crossing shall be constructed and maintained in conformity with the provisions of the National Electrical Safety Code as set forth in Handbook H-43 of the National Bureau of Standards in its present form or as subsequently revised, and also in conformity with additional requirements of the Railway to protect its additional facilities located on the Railway's right of way and which are subject to injury or damage arising from the aforesaid location of Licensee's facilities. S. The Licensee shall within thirty (30) days after date hereof, obtain all necessary permits, licenses and franchises required by Law. Whenever under this. agreement, Licensee's power lines cross or are located within ----- feet from any lines or wires of any licensed communication utility on the right of way of Railway, Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossed or adjacent telephone and telegraph wires, and in such event, Licensee shall adopt, use and maintain the best known and most effective methods to protect the aforesaid telephone and telegraph wires and lines from physical hazard and inductive interference. 6. That said appliance or fixture of the Licensee shall not at any time interfere with or endanger.the.track, roacbed, or other property of the Railway, or the operations, maintenance or improvements.of the Railway, or of any other party thereon; and Licensee shall at its own expense, on notice from said Railway, forthwith change, improve or repair such appliance or fixtures as may be prescribed by said Railway. 7. The Railwavreserves the right to cancel this license agreement upon thirty (30) days written notice and licensee will, at its own expense, within the afore- mentioned thirty (30) days, remove any and all said appliances and/or fixtures of the licensee from the right of way and property of said Railway. 8. That upon Licensee failing to completely construct or install as provided in Paragraph 1 or abandoning or ceasing to use and maintain said appliance or fixture herein specified, or upon the cancellation and termination of this agreement as herein provided, or upon the accidental or other breaking of said appliance or fixture causing damage or danger to the Railway's roadbed, tracks, or other property, Licensee shall and will at once remove said appliance or fixture and restore the premises to its former good condition or at once repair such break or damage at its own cost and expense; and failing to do so, the Railway may make such removal or restoration at the cyst and expense of Licensee. 9. That Licensee shall and will cause due notice to be given to the Railway when Licensee.or its contractor or anyone claiming under Licensee, proposes to enter upon or cross the tracks, roadbed or other property of the Railway with such appliances or fixtures er for excavations therefor, in order that proper protection may be provided for trains. In addition to the terms of Paragraphs 3 and 4, any subgrade or above grade crossing of the Railway's right of way is subject to the terms of the "General Specifications for Subgrade and Above Qrade Crossings of the Railway's Right. -of -Way" issued by the Office of Chief Engineer, Florida East Coact Railway Company, the terms and conditions of which are incorporated herein by reference. Page 2 10. In consideration for the granting of this crossing and in recognition of the exposure to hazard of the operation of the Railway by reason of the construction, maintenance and use of said crossing, the Licensee does hereby release and agree to indemnify and save Railway harmless from and against All liabilities, claimst costs and expenses for loss or damage to the property Of either party hereto or of third persons and for injurlel; to or deaths of Licensee, or the agents, employees or invitees of,e4__s third or the employees of Railway caused by or arising out Oftheopresence,persons maintenance, use or removal of said crossing, regardless of any negligence or alleged negligence on the part of any employee of the Railway. 11. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising, protecting and restoring the property of the Railway by reason of operation of Licensee. 12. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of the coven -ants or agreements herein contained shall be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be binding under any circumstances. 13. Licensee agrees to pay Railway, upon the execution and delivery of this agreement, the necessary amount of documentary stamp taxes required to be affixed to this agreement under the laws of the United States of America, the State of Florida, or both. 14. 'Licesum Of nsee agrees that, if Licensee is herein required to pay unto Railway aunto to Raiiwaoney asmaybe specified on first page hereof, Licensee Pay y of $ 20.00. in cash in advance for each year for which this agreement may be renewed y remain in effect beyond one or ma year from date hereof. 15. Licensee agrees that it will, at its expense, adjust its said facilities to any physical change or additions m In its tracks, or the facilities on, or its ro ate at any time by the Railway P perty at this location. b 16. Licensee agrees that its facilities shall be installed and y and at the expense of Licensee in a manner that will not at maintained a danger to or interfere with the safe and efficient operation of any RaiUe lwayis tracks or equipment thereon, that such work shall be subject at all times to , the approval of an authorized representative of the Railway. 17. 1f Licensee be a municipality or a public or quasi public corporation then it agrees that no assessment or other charges of an ser shall be l�3vied or made against the Railway or a y nature whatsoever account of the installation car existence of Licensees facilitts ieatatotE,is location. 18. NON-PAMEM AND PLACE Op VENUE. It i c e,..... parties hereto that ..N.oesly. agreed by and betwoen the any obligations of the Licensee under the terms of this agreement which are not paid within thirty (30) days of presentation of bills for same o�pway shall bearn of interest at the esratesOf six per cent by the the bill() per from the date that in the event Railway shall institute and prevail It is action expressly th agreed enforcement of any of its rights under the of �' motion or suit for the Pay to Railway a reasonable attorney's provisions th this agreement Licensee shall litigation, the parties y e fee on account thereof, Also, in the event of will be in either 3t. agree that the laws of the ;stat® of Florida will apply. yerar® Johns County, or Duval County, at the option of the Railway. Page 3 19. It in :farther mutually understood and Agroed by and between t1,o patties hereto that Licensee will not perform any work on Railway's property without having a railroad watchman present at all times work, hAreunder, is being performed, if one is deemed to be necessary by the Railway's Chief Enginnerj further, that Licensee covnnwJa that it will include in any contract which it lets for the whole or any part of the said work to be porformed heroundo r 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, "INSURANCE K.,'i p:FFIT OF FLORIDA EAST COAST RAILWAY COKPANY TO RE OBTAINED AND KXPT IN FULL F(A!CE AND EFFECT AT COST OF CONTRACTOR OR LICENbEE," and, "INDUINITY TO FlOHIDA EAST COAST RAILWAY COMPANY AND CCNIIAC;UAL LIABILITY F:Njx*SEKENTs 70 CONTRAC,10.413 PUBLIC LIABILITY A PASO) iT? DAMA(M LIABILITY INSWUNCE POLICIES DURINO SUCH INDMITIY.9." • 20. Notwithstanding the terms of this License Agreement and the advance payment of ren'.al therefor, the Railway reserves the right to cancel this License Agreement upon thirty (30) days written notice. That Licensee shall have no sxpuctation of renewal and that the tam of this License Agreement is only for the time specified herein, subject always to the tehthaination provisions and regardless of the length of tufa that Licenseema pipeline may have occupioa the licensed property, or the constr- uction of its fpcilitisu or personal property placed thereon. 21.Licenses waives and relinquishes any legal rights and monetary claim which it Light have for hill compensation, or damages of any sort, including but not limited to special damageal severance damages, remeoval costs or loam of business profits resulting from it' loss of occupancy •f the licem ed property specified in this agreement whether such property is taken by eminent domain proceedings or sold under the threat thereof. 22. This License Agreement cancels and supersedes that certain License Agreement betveen the Railway and General Waterworks Corporation dated Now bar 6, 1962 (and given -Railway's Document No. 1991). IN WITNESS WHEREOF, The parties hereto have caused these presents to be duly executed in duplicate the day and year first hnrr,in written. Signed, sealed and delivered in presence of: Witnesses as to Railway. 1Vitnesses as to Licensee. PAG[ 4 Florida East Coat Rallway Company. By: (MRI) Fresi,lent. INDIAN RIVER OOUNTY. a Political Subdivision of the state of 1/ rtda c d t rough its Board of Co Ayh Attestt..jj �J� CI.rk�`) ileal► INSURANCE FOR PENEF IT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at ito cost and expense, shall ob- tain and keep in effect insurance policy or policies in the limits of $1,000,000.00 each person injured or killed and $2,000,000.00 each accident occurrence and $1,000,000.00 property damage per person and $2,000,000.00 property damage each accident occurrence directly by Constractual Liability Endorsement to Contractor's General Public Liability and Property Damage Insurance Policies insuring Contractor against loss or damage to Contractor upon the indemnities and within the limits specified in the foregoing paragraph. Alternatively, Con- tractor may procure and keep in effect during the life of this con- struction contract as aforesaid Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against losses and damages but within the limits specified in the foregoing indemnity paragraph. All such insurance, directly or indirectly for the benefit of the Florida East Coast Railway Company$ shall be in a form satisfactory to 'its Manager of Insurance and issued by a casualty company -insurance company authorised to do business in the State of Florida and have a 'bests' rating of not less than Four A's or better. 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 harmless judgments, and all loss, damages, costs, charges, and expenses which Florida East Coast Rail- way Company 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, such 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 on the generality of the foregoing des- cription employees and officers of Florida East Coast Railway Company, employees and officers of materialmen employees and officers of the Contractor, employees and officers of all subcontractors, in the limits of $1,000,009.00 each person injured or killed, and $2,000,000.00 each accident occurrence. B. 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, all in the aggregate limit of $2,000,000.00 C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company occur- ring 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 Railway Company at or within one hundred (100) feet of said location upon which the work is to be performed hereunder, the improvement, renovation, or repair -of which is the sub- ject mutter of this Cvn�%. Lion contract, olid QI�U aI l expenses reasonably in- curred tfy 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 foilowing 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 (100) feet of said areas.