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HomeMy WebLinkAbout1984-049i RESOLUTION NO. 84-49 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING ExRCU- TION OF A LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY CONCERNING THE 8TH STREET GRADR CROSSING WHEREAS, the County is presently making substantial improvements to the 8th Street corridor which will involve an upgrading of the 8th Street grade crossing of existing Florida East Coast right-of-way and tract; and WHEREAS, the County must execute a new license agree- ment with the Florida Fast Coast Railway in order to upgrade and expand the crossing, which agreement sets forth the responsibility of the County to fund the placement and maintenance of certain warning devices in crossing structures, among other conditions and limitations; and WHEREAS, it has been determined that the terms of the agreement are reasonable and that the execution of this license agreement is in the best interest of the citizens of Indian River County, Florida. NOW, THEREFORE, BE IT RESOLVED BY TFc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the foregoing recitals are ratified and that the Chairman and Clerk are author- ized to execute and deliver two original copies of the proposed license agreement attached hereto as Exhibit "A" since the Public Works Director is further authorized and directed to carry out and abide by the requirements contained therein. The foregoing resolution was offered by Commissioner Bird, who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Dori C. Scurlock,�Jr. Aye Vice -Chairman Patrick B. Lyons Absent Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 18th day of July, 1984. Attest: F ktll 1i�� FRMDA FRIGHT Clerk APPROVkD TO AND LEG SUPT By ey BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By DON C. SC ORLOCN, Jr.. �C7, Chairman Jpw UL THIS LICENSE AGREEMENT, to be effective from the 70 day of �.,� ___ lann ;� .•, tile -- - C iLURIDA EAST COAST RAILWAY CO'PANY, (Address: Post Office ^rawer 1048, St. Augustine, Florida 32084), a Florida corporation, hereinafter. called "RAILWAY", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, acting by and through its Board of. County Commissioners, (Address: 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 northeasterly and southwesterly, extending southeasterly and northwest- erly across the right-of-way and main track of the RAILWAY at Vero Beach, Florida, with longitudinal center line located 983' + south of RAILWAY'S Mile Post 229 from7Jacksonville, Florida, said right-of-way of the RAILWAY having a total width of 100 feet at this .location. 40 All as shown on the attached Plan 550 (M.P. 229 + 983' +) dated May 2, 1984, attached hereto and made a part hereof. TO HAVE AND TO USE the crossing site for the term pro- vided in Paragraph 2, or until terminated as hereinafter pro- vided. 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 as herein provided, no piper 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 n 2. This Agreement is for the term of one (1) year, if SECOND PARTY holds over and remains in possession after the expiration of such term or of any renewals thereof, this Agreement shall be considered as renewed unless sixty (6U) 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 necessary permits for the installation, construr'-i-n, erection, repair, and maintenance of any of the RAILW,.Y owned or maintained facilities described in this Agreement. 5. Unless otherwise specified, the cost of removal, 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 SECOND PARTY or RAILWAY, shall be the sole responsibility of: the SECOND PARTY. Further, cost for annual maintenance of the railroad devices as defined in Paragraph 8, 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 3 40 •o PARTY directly for costs thus incurred that are the responsi- bility of the SECOND PARTY. Costs for annual maintenance of any railroad devices, shall be identical to those set forth in the "Schedule of Annual Cost of Automatic Highway Grade Crossing Traf"fic Control Devices" of the Florida Department of. Transportation, as amended in the future. A current copy of said Schedule is attached hereto and by this reference made a part hereof. 6. The RAILWAY shall widen, maintain and replace a 54' wide Type "T" Modified concrete crossing structure herein- after referred to as "STRUCTURE" presently located at the CROSSING SITE at the sole cost of the SECOND PARTY. When the RAILWAY determines that the replacement of the existing STRUCTURE is more economical than its continued maintenance, the RAILWAY shall have the exclusive option to replace the STRUCTURE with a comparable or improved facilit-. The re- placement and maintenance costs of the new structure ahall be the sole responsibility of the SECOND PARTY. The SECOND PARTY at its sole expense shall construct, 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 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 under- stands that the RAILWAY reserves the right to make any de- sired changes at any future tune in its existing tracks or 4 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 rail- road signalization equipment, and crossing structure at the crossing site whether these changes or additions .ire required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the SECOND PARTY. 8. `I•he RAILWAY shall relocate, maintain and replace flashing lights, bell and gates (Class III, Type IV), referred to jointly as "railroad devices" at the -crossing site. SECOND PARTY shall pay unto RAILWAY the annual cost of maintenance of said automatic crossing protection devices 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, said sum for annual maintenance currently being $980.00. The aforementioned railroad devices are 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. 9. The SECOND PARTY agrees that it will construct, in- stall, maintain and replace all necessary drainage facil- ities to prevent the accumulation of surface water due to the to the existence of the crossing site. Such facilities must first be approved by the RAILWAY and any other governing bod- ies having jurisdiction thereof and operation of the facili- ties shall also be subject at all times to their approval. An 5 A additional license agreement may or may not be required by the RAILWAY, depending upon the type, size, depth and other specifications of the proposed facilities, as submitted to t'hp RATT.GIAV 10. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida cov,_,ring illumination of road crossings shall be installed, main- tained, and replaced at or near the crossing site by the SECOND PARTY and at its sole expense. 11. The SECOND PARTY further covenants to pay, either directly or upon bills presented unto SECOND PARTY by the RAILWAY within thirty (30) days after presentation of the same, all bills for electricity for the lighting and illumin- ation of the crossing site. 12. At the termination of this Agreement for any cause, or upon termination of the SECOND PARTY'S use of the crossing site as herein described, the SECOND PARTY shall remove, at its entire cost and expanse, said road and all non -RAILWAY owned improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original condition. 13. SECOND PARTY shall indemnify and hold harmless the RAILWAY for assessments or other charges of any kind whatso- ever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the crossing site or arising out of the existence of the crossing site. 14. The SECOND PARTY shall not take any action that will prevent or tend to restrict the operations of trains over the crossing site. 6 40 15. The SECOND PARTY will include in any contract which it may let for the whole or any part of said work to be per- formed hereunder by or for the SECOND PARTY, each and every of the following terms and conditions of the two pages attached hereto, and by this reference made a part hereof, entitled, "INDEMNITY TO THE FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PRS.?ERTY 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, except that in emergency situations SECOND PARTY shall only be required to give the RAILWAY such advance notice as is practicable under the circumstances. 17. After the crossing structure portion of the crossing site has been widened and the railroad devices have been relocated 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 SECOND PARTY a statement showing the total cost of material, labor and equipment furnished by the RAILWAY, which statement is agreed to be prima facie reason 7 40 able, and said cost to the SECOND PARTY being hereby estima- ted to be $27,743.00, as shown by the estimates of the RAILWAY'S Engineering and Signal Departments, which are aLLached to this Agreement and by this reference made a part hereof. The cost- of a flagman is not included in the total estimate. 18. Installation, maintenance and replacement of any and all railroad advance warning signs am: pavement markings on any road approaching the crossing site shall be the sole responsibility of the SECOND PARTY, and at its sole expense. 19. 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. 20. 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 ;nuat be in waiting and signed by both parties. 21. It is understood by and between the respective parties hereto that this License Agreement canCE:l and supersedes that certain Railroad Reimbursement Grade 0 r40 loom . Crossing and Traffic Control Devices Transfer Agreement between the RAILWAY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY, dated January 20, 1982. IN WI`rNESS WHEREOF, the RAILWAY and the SECOND PARTY have each caur-;ed this instrument to be executed in their corporate names and respective seals to be hereunto affixed in dupli- cate the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and delivered in the pr sense of: All Witnesses~ s to Railway FLORIDA EAST COAST RAILWAY COMPANY, a Flor' a c o ati B (,SEAL) Presi n �� ATTESTLy _ As sistant Secretary DATE:-- INDIAN ATE:INDIAN RIVER COUNTY, a political subdivision of the State of. Florida, acting by and through its Board of County Commissioners. it n ses o .0 ATTEST:) '... ; Second Party DATE: July 18, 1984.- Approv", :c fornr APPROVED and ler ;, �,uiiicrtr; ggUMCy FU, l_j EXECUTION !,y 'ary 11. Lrander;j bury A*tf I j ou y Attorney 9 (�2%54 1% 60 AI Ck)<. 3 4 ryp is —1 v le. AP pm-. of /�! o C-4 54' TYP��, T''voea l'40 i /] I 'TO_�- IREV. NO.' DATE I BY I DESCRIPTION REVISIONS FLORIDA c e ST CnAST RA -0. we, �Y Co. OFFICE OF CHIEF ENGINEER ST. AUGUSTINE, FLA. _P.F'� o D 5ED lit//OE"it//il/C OF 8 T N. �T.'EC Z: %rLEN0.4L E ,PDAO A T 1/ P17 EACH FLORIDA DRAWN BY M. T. LOC. SCALE = �O CNECKSD BY VAL. MAP. DATE 5101,F,4 FILE P. ZZ9f 9 �3� I DWG. NO. 29.f 98.3 ��.71 �p\gym I ac� ae1 :u ✓: nor r Y �h..L./....!./Lw/ .' �/ �r ....�/��� L��^f __.L�Yl ' / _ __ � �•t/._ -.. _ _ _ - "T'� - 'Alar.✓ ,� 1- - r - Pa V/r_ c�- ------ -- ._ ... T __..a - _C.os. _ . o r. _ ,5�� D a.%. Wa rlc --- _ - r._�.-- .. 1.' ' 43 o -. - - 1 — _ . ! ,r -L ►� 1. V FILE: 5 "MP 229+983') ESTIMATED COST OF SIGNAL WORK DUE TO WIDENING OF 8TH STREET (CLENDAL,, ROAD) MP 229+983' AS PRUPOS%D BY INDIAN RIVER COUNTY Signal Foundations .... .....................__........$ 428.00 Underground cable......... I ........................... 2,531.00 Conduit ............................................... 275.00 Freight and taxes ..................................... 374.00 Labor.. ........................................ 4,084.00 Composite additive for labor .......................... 1,927.00 Engineering and supervision ........................... 1,056.00 Composite additive for engineering and supervision.... 583.00 - Gang expenses ............................... - 1 onr. nn Rental of trucks ...................................... 240.00 Rental of trenching equipment ......................... 41.0.00 Contingencies...,., .................................. 11431.00 TOTAL $14,743.00 FLORIDA EAST COAST RAILWAY COMPANY OFFICE, OF SUPT. SIGNALS & COMMUNICATIONS ST. AUGUSTINE, FLORIDA MAY 3, 1984 FORM 721•46 LTATE OF FLONIDA DHFAnTMENT OF TpANSPORTATION 7.77 DIVISION OF ROAD OPC IATIONS PAGE I or I RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES COUNTY SEC710N UTILITY JOE NO. STAT[ ROAD NO.I COUNTY NAME 1PARCEL . II;W JOB Np, p A F NO. AGENCY A. JOB DESCRIPTION & LOCATION: 13, TYPE OF ROADWAY FACILITY: C. FDOT/AAR XING NO.; _ lilt N111,E POST TIF;: D. TYPE SIGNALS PROPOSED: � _ CI.Ac!.-"-- INDEX, SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cold Exclusive of Inslallalion CLASS DESCRIP'T'ION ------- I FlLlshing Signals - Onc Track II Flashing Sit;n:Ils • Mtill iplc'l'racks III Flushing Signals and (;ales - One Tr:u•k IV Flashing Signals and Gales • 51 till iple Tracks "Effective February 3, 1971 AUTHORITY: FLORIDA ADNIINIS'1'ItATIVE I(t)LE 014.46.0'3 Responsibilily for the Cunt of Auluinalic Ilighwuy Grade Crossing Traffic Control Devices EFFECTIVE DATE: February:, 3 1971 GENERAL AUTHORI'T'Y: 20.05, F.S. SPECIFIC LAW IMPLEMENTED: 3311.2 1, F.S. COST* $ 650.00 s 860.00 9110.(10 $1,230.00 40 0 of 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 It, ..,, bll� wall L4L Vl, `,LIC I.ULIL LNUL0� by execution and delivery hereof, ogr6es that it shalt. and will at all times hereafrer indemnify and save harmless the Florida East Coast Railway Company from and against all judgments, and all loss, damages, costs, charges, 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: l 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 description, 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 $1,000,000.00 each person injured or killed, and $2,000,000.00 each 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 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 described as rolling stock and the con- tents 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 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 beof the Florida East Coast Railway Company at or within one hundred (160) feet of said areas. 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 consideration of the sums of money herein speci- fied to be paid to Contrractor, Contractor, at'its cost and ex- pense, shall obtain and keep in effect, insurance policy or poli- cies in t;ie limits of $1,000,000.00 each person injured or killed and damage 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 Contractual Liability Endors,,nent 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 v£ tris construction contrnct, as aforesaid, Railroad Protective Liability policies insuring Florida East Coast Railway Company directly as insured against losses and damages but the limits specified in this paragraph, within 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.