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HomeMy WebLinkAbout2000-160i •1 C7 Of.? - It o LICENSE AGREEMENT THIS LICENSE AGREEMENT, effective as of the 2 3 r d day of M a y , 2000, is between the FLORIDA EAST COAST RAILWAY COMPANY (Address: P. O. Drawer 1048, St. Augustine, Florida 32085), a Florida corporation, hereinafter called "RAILWAY" and INDIAN RIVER COUNTY, a political subdivision of (lie State of Florida, hereinafter called "COUNTY." 99"24MIRIA1961 That the RAILWAY, in consideration of the covenants and conditions hereinafter set forth to be performed and kept by the COUNTY, hereby hermits the COUNTY to construct, use, maintain, repair, renew and ultimately remove an at -grade public road crossing across and over the tracks, right of way and property of RAII..W AY, at (lie RAILWAY'S Milepost MP 212 + 2,991', more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE": The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces and automatic crossing warning devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction of the CROSSING SITE shall be done by RAILWAY as provided in this License Agreement i"Agreement") and further provided that, notwithstanding rights to the COUNTY granted herein, RAILWAY reserves the right to perform all work required on RAILWAY'S property including constriction, drainage, lighting anti vegetation management, in which event COUNTY shall pay the RAILWAY the entire cost and expense of labor, materials and equipment furnished by RAILWAY in performing such work. ":�.p 1, r,.t Page i C-1 C> 40 The status of the COUNTY is that of a licensee and not lessee, granting the COUNTY the right to use the CROSSING SITE as specified herein. In consideration of the granting of this Agreement by the RAILWAY, the COUNTY covenants and agrees with the RAILWAY as follows: 1. The CROSSING SITE shall be used for public at -grade road crossing purposes only and no utility, including telecommunications facilities, pipes, wires, cables; or other line or structure shall be placed in, on or over the CROSSING SITE without the previous consent in writing of the RAILWAY. COUNTY further agrees that it will at all times keep the CROSSING SITE, together with the additional portions of the RAILWAY'S right-of-way within 325 feet of the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation or other growth greater than two (2) feet in height on each side of the tracks at the sole expense of the COUNTY and without cost to RAILWAY or liar upon RAILWAY'S property. 2. This Agreement is for an initial term of one (1) year and shall continue in effect thereafter from year to year, subject to termination by the RAILWAY or COUNTY upon sixty (60) days prior written notice. 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 COUNTY shall fail to comply with any of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAILWAY, including but not limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so. 4. The COUNTY shall grant forthwith to the RAILWAY necessary permits for the installation, construction, erection, repair and maintenance of any of the RAILWAY -owned or maintained facilities described in this Agreement. If the COUNTY fails to promptly grant the Page 2 RAILWAY necessary permits, COUNTY shall bear all additional expense incurred by the RAILWAY attributable to such failure, including costs due to slow ordering of trains. COUNTY shall promptly pay such amounts upon billing by the RAILWAY. 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 by the COUNTY or RAILWAY, shall be the sole responsibility of the COUNTY. G. The RAILWAY shall install the warning devices, including the fixed signs, flashing lights, bells and gates (collectively the "WARNING DEVICES'), at the CROSSING SITE at the sole cost of the COUNTY. The WARNING DEVICES are a Type III Class III installation as defined in the Florida Department of Transportation Schedule of Signal Installations by Type and Class attached hereto as Exhibit C. Installation costs are estimated to be $164,000.00 as shown on the estimates for signal installation attached hereto as Exhibit B and incorporated by reference. In addition, COUNTY shall pay unto RAILWAY annually one-half the annual cost of maintenance of said WARNING DEVICES as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. The WARNING DEVICES will be owned by the RAILWAY and shall remain at the CROSSING SITE until the RAILWAY decides that they are no longer needed or should be replaced, or until other legal requirements are imposed which shall eliminate or substantially change their operations. r,.N_, " Page 3 40 40 i. The RAILWAY shail add an 8' wide asphalt sidewalk on the south side of the cxisting 24' wide Type T -modified grade crossing surface (the "SURFACE') along with other improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560, as may be amended, at the sole cost of COUNTY. Installation costs are estimated to be $1,800.00 as shown on the estimates for crossing installation attached hereto as Exhibit B and incorporated by reference. When the RAILWAY determines that the replacement of the new SURFACE is more economical than its continued maintenance, the RAILWAY shall have the exclusive option to replace the SURFACE with a comparable or improved structure. The replacement costs of the new SURFACE shall be the sole responsibility of the COUNTY. The COUNTY shall, at its sole expense, 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 construction watchman at said CROSSING SITE while work is being performed by the COUNTY under the provisions of this Agreement, at the sole expense of the COUNTY. 8. The COUNTY agrees, acknowledges and understands that the RAILWAY reserves the right to make any 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 COUNTY agrees to bear the total expense of any changes or additions to the pavement and traffic signal devices, the SURFACE, the WARNING DEVICES or other railroad signalication equipment or new 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 COUNTY. Page 4 • 4M 9. The COUNTY 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 governing bodies having jurisdiction thereof and operation of the facilities shall also be subject at all time to their approval. An additional license agreement may be required by the RAILWAY, depending upon the location of such drainage facilities and type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. 10. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossing shall be installed, maintained and replaced at or near this CROSSING SITE by and at the sole cost of COUNTY, 11. The COUNTY further covenants to pay the RAILWAY, within thirty (30) days alter presentation of the same, all bills submitted by Railway including maintenance bills as set forth in Paragraph 6 above and all bills for electricity for the lighting and illumination of the CROSSING SITE if same are provided by Railway. 12. At the termination of this Agreement for any cause, or upon termination of the iilll t COUNTY'S use of the CROSSING SITE as herein described, all rights of the COUNTY shall terminate and the COUNTY shall remove, under the RAILWAY'S supervision and direction, at COUNTY'S entire cost and expense, 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. The COUNTY shall indemnify, defend and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the CROSSING 5111. rm.'A.J Page 5 C-1 i i 14. The COUNTY shall not in any way, or at any time, interfere with or obstruct RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations, or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns, invitees, lessees or licensees. 15. The COUNTY shall indemnify the RAILWAY and defend and save it harmless from and against any and all claims, demands, suits and expenses to which it may be subjected by reason of any work done or precaution omitted by the COUNTY or by the agents, servants or contractors of the COUNTY with reference to the construction, maintenance or use of said crossing, or by reason of any failure on the part of the COUNTY to perform any agreement herein contained, or by reason or injury to or death of the COUNTY or the agents, servants or contractors of the COUNTY, or of RAILWAY, its agents, servants or contractors, or its assigns, invitees, lessees or licensees, including telecommunications occupants, or any person or persons who may use said crossing, and loss of or damage to property of the COUNTY or of the agents, servants or contractors of the COUNTY or of RAILWAY, its agents, servants or contractors, or its assigns, invitees, lessees or licensees, including telecommunications occupants, any person or persons using said crossing, WHETHER SUCH INJURY TO OR DEATH OF PERSONS OR LOSS OF OR DAMAGE TO PROPERTY IS CAUSED BY THE NEGLIGENCE OF THE RAILWAY OR OTHERWISE. In furtherance of the said obligation of the COUNTY to indemnify and save harmless the RAILWAY, as set forth in Paragraph No. 15 hereof, the COUNTY shall procure and keep in effect during the terms of this license, a policy of insurance satisfactory to the RAILWAY covering all the obligations of the COUNTY under said Paragraph No. 15, the said policy to be taken out in the name of the COUNTY with an assumed liability endorsement thereon in favor of i Page 6 C-1 40 the RAILWAY, which shall contain limits indicated below (*), or such other limits which may be reasonably required from time to time by the RAILWAY, and the said policy containing the said endorsement shall be delivered to the RAILWAY to be kept in its file. (*) Not less than $5,000,000.00 each occurrence, for personal injury or death, and $3,004,400.00 for property damage for any one accident and $5,400,000.04 for all property damage in the aggregate. Said policy shall provide that it shall not be subject to cancellation without first giving the RAILWAY thirty (30) days prior written notice. The providing of the above insurance coverages shall not be deemed a limitation on the liability of the COUNTY as provided in this license, but shall be an additional security thereof. The COUNTY will include in any contract which it may let for the whole or part of said work to be performed hereunder by or for the COUNTY, each and every one of the terms and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST RAILWAY COMPANY AND INSURANCE REQUIREMENTS" attached hereto and made a part hereof as Exhibit D. IG. (a) COUNTY, at its own cost and expense, when performing any work in connection with the CROSSING SITE shall request RAILWAY to fumish any necessary construction watchmen for the protection of RAIL'WAY'S employees, property and train operations. RAILWAY shall be notified at least one (1) week in advance of the performance of any work in connection with the CROSSING SITE. (b) In addition to, but not in limitation of any of the foregoing; provisions, if at any time RAILWAY should deem it necessary to place construction watchmen for the protection of any person or property, during the construction, maintenance, repair, alteration, renewal, or removal at the CROSSING SITE, RAILWAY shall have the right to ]•lace such construction t�f Page 7 watchmen, or other persons at the sole cost and expense of the COUNTY. Upon receipt of a bill from RAILWAY, COUNTY shall promptly pay RAILWAY the full cost and expense of such construction watchmen. The furnishing or failure to furnish construction watchmen, or other persons by the RAILWAY under this paragraph, however, shall not release COUNTY from any and all other liabilities assumed by COUNTY under the terms of this Agreement, including its obligations under Paragraph 15 hereof. The COUNTY shall ,give the RAILWAY one (1) week's advance written notice when it or its contractor or anyone claiming tinder 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. In emergency situations COUNTY shall give the RAILWAY telephonic notice, The COUNTY further agrees that at all times its personnel or agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved will be borne by the COUNTY. 17. After the SURFACE and WARNING DEVICES have been installed 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 COUNTY an invoice showing the final total cost of material, labor and equipment famished by the RAILWAY, in accordance with the estimate of said cost to the COUN'T`Y to be 5165,80©,00 set forth in Exhibit B and COUNTY shall pay such invoice no later than thirty (30) days from the date thereof. 18. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility and cost of the COUNTY, and at its sole expense. Page 8 40 i 19. The COUNTY shall promptly pay RAILWAY all charges for replacement, repair or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the COUNTY. 24. The COUNTY hereby acknowledges that it has been notified that its personnel will or may be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities. 21. 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 a'f'fected or impaired thereby. 22. 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. 23. It is understood by and between the respective parties hereto that this License Agreement cancels and supersedes that certain License Agreement between the RAILWAY and INDIAN RIVER COUNTY dated October 4, 1927. ,.�iu ^.:,.Y Page 9 40 Mw IN WITNESS WHEREOF, the RAILWAY and the COUNTY have caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicated the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed scaled and FLORIDA EAST COAST AY Delis d in the presence of: COMPA to ' a c ora on By: t nn (Seal) AT7eES I`rl r witnesses as to Railway Assistant Secretary DATE: // - 4 (` -) e-) INDIAN RIVER COUNTY, a political subdivision of the State /off]Florida 13y: _ Fran B. Adams Title: Witnesses as to COUNTY — � w`� Attest, Title: Date: ;noun F -liver i;0ur1iy Af,.orrjverl Dalu Arirnrnistrrr,iwr ► i pj biIa0at t I y 00 iJepurirnunt4 _ � �2 Pape 10 1 i LICENSE AREA April 20, 2000 File: 212/3912,991' ROSELAND ROAD — MP 212+2,991'— FDOT 0 272159U A PARCEL OF LAND WITH UNIFORM WIDTH OF ONE HUNDRED TWENTY (120) FEET NORTHERLY AND SOUTI-IERLY AND EXTENDING EASTERLY AND WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACKS OF THE RAILWAY AT ROSELAND ROAD IN SEBASTIAN, FLORIDA, WITH LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED TWO THOUSAND NINE HUNDRED NINETY ONE FEET (2,991) FEET SOU'T'HERLY FROM THE RAILWAY'S MILE POST NO. 212 AS MEASURED FROM JACKSONVILLE, FLORIDA, SAID RIGHT-OF-WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF ONE HUNDRED (100) FEET AT THIS LOCATION, BEING FIFTY (50) FEET IN WIDTH ON THE EAST AND WEST SIDE OF THE CENTERLINE OF THE RAILWAY'S RIGHT-OF-WAY, ALL AS SHOWN ON THE ATTACHED DRAWING NO. 01-D-264, DATED DECEMBER 17, 1999, ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT "A" I--• LAY 00 Lei Q CD C) 1 .L C) 0 LLI �M C MiW J LL - LL Q fz O_ z I N17 ��N��17 I I N�YA43415 A°50.' OG r6 K Q.�Spdpdd � JNH yd 0 0 3S@dOdd Uvoa r7�1 11 7ae � rasn 11IY� 3soa eFU�4 j. C7 noo vn 0 m I All IV DD'OD 1 007 0 I r 91 cn cn r l a OD`D�a I d 9 "ate wo r OQ d — EnCL, I- I l a tin U Q C3 ©'Ul dz �o<(D r uj w c�reow o oc + I � I I Q z W ) a z ra L. M r z I N17 ��N��17 I I N�YA43415 A°50.' OG r6 K Q.�Spdpdd � JNH yd 0 0 3S@dOdd Uvoa r7�1 11 7ae � rasn 11IY� 3soa eFU�4 j. C7 noo vn 0 m I All IV DD'OD 1 007 0 I r 91 FLORIDA EAST COAST RAILWAY COMPANY �, ¢v..n sxu QLJG•pp SAINT AUGUSTINE, FLORIDA IQ77 SEB,ASTIAPI: CONSTRUCT r ASPHALT SIDEWALK AT E.VSTING24'WIDE TYPE 'T' MOUIVI EO GRADE CROSSINC ROSELAND ROAD, MILEPOST 213+2,991' AA"OT a J2TJ99O F1LE2 312154,7331' CROSSING DESCRIPTION PAVING, MSCRIPTMON K— L-0 orcm i mS+�rxc . 0 Tf Wi&h (Ae Road) J FI N—b OfTrau 1 EJ Length SAl.J;ROJdI A4 FI Lmgih of Trak PJ l: 0 Tf Peajetw3LiR ] In AGREEMEYTD>=MPTION GAWDESCRIMON Responsible Prrry. CO[NTY 2 Fon PimeSm6m Agra - Due N Fort Pimc Smonhing Div;sim of Rnp"liliry i Cline EneJse Fihrr OTJie CJE1e COUNTY I Lwder bFamtmnueal TwETk CO TV Ct tns Swf= COUNTY Track Mmeei COUNTY Trak ComOucdm COUNTY Paving COUNTY COST RECAFTJVLATTON Salvage IOIYI"3 Reap Ole Terk&[i.il Wrrk fern Lahm &wiO" H=u Cm— CLaLl cwj^ --- .IO}Jl e= E ase4er 0pa+cCahlr W. W. lya 000 ay 0,00 GOO COUNTY M*i1cslimmaeli.1 Ca"idaio0 0.00 off0 NJ na n1a. 0.0o poo COUITTy Caenwr[Tnckp"l OOO 000 Quo n'a na 0011 0.00 Cxwe MJinmunecofYmfr.rodce Rwrrl rah NJ NJ o00 W. 000 000 COUNTY Ammo C—i"Safaec 000 000 0h eNa 000 003 000 C011ttfY Rem xglw T-,L(,mieg vupur 000 0.00 Na MA 000 O02 0m COUN-Ty Li- &S.f—Track 000 000 000 Na nJ 009 000 COUNTY Rept—Crossing Sunr— 000 000 000 n9 na 000 000 COUNTY PIKc AioWt UNDO Goo nJ 000 Ni 20000 1,70007 COUNTY D—Imlind-SmCt—p 000 67.4g Na NJ - 2252 ImOo COUNTI' TO -AN 1,]00[0 47 Ag 000 000 000 23252 1,8000O TOTAL TRACK& CIYI L PROJECT CAST: SI.e00.00 ADR901 4Fi TOTAL SIGNAL IMPROVEMENT PROJECT COST: 164,00000 TOTAL PROJECT CRS TS: SIOSA06.Od TOTAL COST TO BE BORNE BY FEC: 0.00 TOTAL COST TO BE BORNE BY COUNM S105400A0 MATII ERROR L'A111BI II,RD 40 DATE: 03/30/00 FILE: 10.2 TYPE: III CLASS: III FLORIDA EAST COAST RAILWAY NO. OF DAYS, 14 OFFICE OF THE CHIEF ENGINEER AAR / DOT #: 272159U OF SIGNALS AND CCHMUNICATION MILE POST: 212 + 2291' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT CR 505 (ROSELAND ROAD). This estimate should be considered void after one (1) year, MATERIAL UNIT COST UNITS TOTAL COST GATE ASSEMBLIES $4,997.00 4 EA. $19,968.00 GATES $500.00 4 EA. $2,000.00 GATE FOUNDATIONS $575.00 4 EA. $2,300.00 WIRED CASE, 3A13 & PMD -3R $38,670.00 1 EA. $38,670.00 BATTERY BOK $675.00 1 EA. $675.00 MISC. GROUND MATERIAL $789.62 1 PKG. $789.62 CONDUIT & DIRECTIONAL BORE $45.00 70 FT. $3,150.00 BATTERIES $200.00 30 EA. $6,000.00 CABLE $7,500.00 1 PKG. $7,500.00 MISCELLAANEOUS RELAY EQUIP $1,120.00 1 PKG. $1,120.00 POWER SERVICE $900.00 1 EA. $900.00 MONITORING EQUIPMENT $5,422.60 1 PKG. $5,422.00 SANITATION & DISPOSAL $1,500.00 1 PKG. $1,500.00 FREIGHT & HANDLING $13,277.00 TAX @ 6.58 $5.753.00 TOTAL MATERIAL'S $105,044.62 EXCAVATING EQUIPMENT PER DAY $181.00 14 DAYS $2,534.00 EQUIPMENT RENTAL PER DAY $125.00 14 DAYS $1,750.00 FOREMAN'S TRUCK PER DAY $35.00 14 DAYS $490.00 GANG TRUCK PER DAY $63.00 14 DAYS $882.00 SUPERVISORS TRUCK PER DAY $35.00 14 DAYSQwy,'. EQUIPMENT TOTAL $6,146.00 ENGINEERING $4,500.00 1 $4.50D.00 ENGINEERING TOTAL $4,500.00 CONSTRUCTION SUPERVISION $266.00 14 DAYS $3,724.00 LABOR ADDITIVE 52.074.00 SUPERVISION TOTAL $5,798.00 LABOR PER DAY $1,035.40 $14,496.00 NUMBER OF DAYS 14 LABOR ADDITIVE $8.4G0.00 TOTAL LABOR $22,956.00 GANG EXPENSES PER DAY $553.00 NUMBER OF DAYS 14 TOTAL GANG EXPENSES $7,742.00 SUB -TOTAL $356,1$6.62 CONTINGENCIES 5% $7,809.00 TOTAL $164,00D.00 ri7159U.r.ls C,l 40 i FLORIDA DEPARTMENT OF TRANSPORTATION Listed below are signal installations by type and class, FLASHING SIGNALS - ONE TRACK Type = 1, Class = 1 FLASKING SIGNALS - MULTIPLE TRACKS Type = 1, Class = 2 FLASHING SIGNALS WITH CANTILEVER - ONE TRACK Type = 2, Class = 1 FLASHING SIGNALS WITH CANTILEVER - MULTIPLE TRACKS Type = 2, Class = 2 FLASHING SIGNALS AND GATE - ONE TRACK Type = 3, Class = 3 FLASHING SIGNALS AND GATE - MULTIPLE TRACKS Type = 3, Class = 4 FLASHING SIGNALS AND GATE WITH CANTILEVER -+ONE TRACT{ Type = 4, Class = 3 FLASKING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS Type = 4, Class = 4 TYPE OF TRAFFIC CONTROL DEVICES I. Flashing signals li, Flashing signals with cantilever III. Flashing signals with gate IV. Flashing signals with cantilever and gate V. Gates CLASS OF TRAFFIC CONTROL DEVICES L Flashing signals - one track It. 'Flashing signals - multiple tracks III. Flashing signals and gates - one track IV. Flashing signals and gates - multiple tracks EXHIBIT "C" N 1-> 4B SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* I Flashing Signals -- One Track $1,637.00 H Flashing Signals — Multiple Tracks $2,166.00 ICI Flashing Signals and Gates — One Track $2,468,00 IV Flashing Signals and. Gates — Multiple Tracks $3,098.00 AUTHORITY: FLORIDA ADMiMSTRATIVE RULE. 14-46.002 Responsibility for the Cost of Automatic Highway Grade Traffic Control Devices F. A. RULE EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F. S. SPECIFIC LAW IMPLEMENTED: 335.144.F. S. *This schedule was effective July 1, 1996, and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. EXHIBIT "C„ 4 4 iNDEisfiNiTY OF FLORIDA EAST COAST RAILWAY COMPANY AND INSURANCE REQUIREMENTS The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify, defend and save harmless the Florida East Coast Railway Company from and against all judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs") _ which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, including any such Costs arising from the death, bodily injury or personal injury of, as follows; 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, and from 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. in furtherance of its obligation to inderriuify, defend and save harmless, Contractor shall procure and keep in effect comprehensive general liability insurance in the limits of $2,000,000.00 each occurrence for bodily injury oy death and $2,000,000.00 property damage each occurrence, covering all obligations of Contractor to indemnify the Railway by Contractual Assumed Liability Endorsemcnt. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, railroad Protective Liability Policies insuring; the Railway directly as insured against losses and damages with the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's Compensation Insurance Policy as required in the State of Florida. All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form satisfactory to Railway's 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 a A+ and a financial category size of Class XII or higher. EXHIBIT °D" 4D t RESOLUTION NO. 2000-064 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS, AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE FLORIDA EAST COAST RAILWAY COMPANY FOR UPGRADING THE RAILROAD CROSSING ON ROSELAND ROAD WITH NEW GATES, SIGNALIZATION, AND CONTROLLER TO ACCOMPANY A SIDEWALK TO BE CONSTRUC"T"ED. WHEREAS, the County desires to facilitate the construction of the Roseland Road Sidewalk between Riverwalk Shopping Plaza and 126" Street; and WHEREAS, the sidewalk will cross the Florida East Coast Railway Company (F.E.C.) Right -of -Way, and WHEREAS, the F.E.C. requires the upgrading necessary for the new constnlction; and WHEREAS, the F.E.C. has requested Indian River County execute and deliver a license agreement for the aforementioned project; 'tom NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY OF INDIAN RIVER COUNTY, FLORIDA, THAT THE CHAIRMAN OF THE BOARD IF HEREBY AUTHORIZED TO EXECUTE AND DELIVER TO THE F.E.C. A LICENSE AGREEMENT FOR THE AFOREMENTIONED PROJECT. The foregoing Resolution was offered by Commissioner Stanbridge who moved its adoption. The motion was seconded by Commissioner _ T i p p i n and, capon 'being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner John W. Tippin Aye Commissioner Kenneth R. Maeht Absent Commissioner Ruth Stanbridge Aye 1'AEnginecnn8i'imp'iC2pi121 PrajretsW919 DCC Kesolution-FEC Rai lwayrss.dot I tT-] 4b 40 RESOLUTION NO. 2000- 064 The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of May , 2000. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman Attest: ] _ ef.. - 13kirton, Clerk .� � •� Indian River Counlr' Approved rowed Date Administmiion c j � 7 J r3ud ct 0 _ Lcgal Risk Mana enwo Public Works Engineering NWILESERVERU'UBLIC%Enginecrin&NKimp%Capilal Hrulccu09[9 DCC Resolution -FEC Railway-rss doc