HomeMy WebLinkAbout2000-34440
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E-CEIVEDR 3 11KO IDA LAST COAST RAILWAY COMPANY
_ ONIi MA4ACA eTRI--.FT. P. O. E10X 1M8, RT. AUCURTINR, FLOm UA 97085•1048
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INDIAN RIVER COUNTY UTILITIES
Mr. Steve Doyle, Capital Projects Engineer
Indian River County Utilities
1840 25 Street
Vero Beach, FL 32960
Dear: Mr. Doyle:
October 19, 2000
Blanket File: 217-4-0
Addition to Blanket Agreement
Sub File: 209-18
12" SG Watermain, MP 214 + 2273
Please refer to past exchanges pertaining to the captioned file. The application has been approved and we are hereby
adding this crossing to the Blanket Agreement dated 9/26/96, and making revision to Schedule "A", as of 5/14/00, at
an annual rental of $345.00. Copies of the plans, copies of Railway's insurance requirements for the construction and
the revised Schedule "A" were sent in my letter of May 17, 1999.
We have inserted the language you requested in paragraph 14 below, and further clarify that FEC will accept Insurance
coverage per FEC requirements, obtained by a licensed contractor when performing approved work in the FEC right
of way for Indian River County. This does not cancel Indian River Counties liability in the event of an occurrence.
In compliance with the provisions of this agreement, and at least 5 days prior to you or your contractors or
subcontractors entering upon Railway property an FEC flagman/watchman must be scheduled by calling Mr. Charles
Stone of our Engineering Department at (904) 826-2369. Railway's signal and train control cables must be located by
calling Mr. Andrew Fowler of our Signal Department at (904) 826-2428. In addition, and also prior to any entry onto
Railway property by you, your contractors or subcontractors, in compliance with the Agreement a Certificate of
Insurance naming Railway as an additional insured must be submitted to the undersigned.
Please be advised several communications companies have installed a fiber optic communications system within the
licensed area and prior to any digging or subgrade work on the licensed premises, you must call "SUNSHINE" at 1-800-
432-4770, in order that the said companies will be properly notified and in tum can locate cables and protect against
damages.
Additionally, the provisions of paragraphs 14 and 16 of the Standard Blanket Agreement were recently revised.
Accordingly, the Blanket License Agreement will be amended effective 9/26/00, to replace the provisions of paragraphs
14 and 16 with the language set forth below:
14. Licensee also covenants and agrees to and shall at all times to the extent allowed by Law indemnify,
protect and save harmless Railway, its parent, subsidiaries, and affiliates from and against all cost or expense, including
attorney's fees, resulting from any and all construction, placement, attachment, presence, use, maintenance, repair,
alteration, renewal, relocation or removal of said facilities in, on, about or from the premises of Railway whether such
losses and damages be suffered or sustained by the Railway directly or by its employees, patrons, or licensees, or be
suffered or sustained by other persons or corporation, including the Licensee, its employees and agents who may seek
to hold Railway liable therefor, and WHETHER ATTRIBUTABLE TO THE FAULT, FAILURE OR NEGLIGENCE
OF RAILWAY OR OTHERWISE. However, Licensee shall not be required to indemnify Railway from any such cost
or expense arising from the willful or intentional acts of Railway, notwithstanding anything to the contrary contained
in this Agreement. No provision herein is intended or shall be construed as a waiver of sovereign immunity beyond the
provisions of § 768.28, Florida Statutes.
2(N-18.AMD. tX)'
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Page 2
Blanket File: 217-4-0
Ma Sub File: 209-18
October 19, 2000
16. Commencing with the initial term of this Agreement, Licensee shall pay in advance unto Railway for each
year or fraction thereof, of the life of said crossing or other facilities, the applicable sums as listed on Schedule "A"
attached hereto and made a part hereof. The applicable license fees listed on Schedule "A" shall be increased each year
on the Anniversary date of the Agreement, commencing on the anniversary date of the year 9/26/01, if renewed
annually, by the product of the annual fee in effect for the proceeding year multiplied by one hundred percent (100%)
of the percentage increase in the Consumer Price Index (CPI), or 3% whichever is greater. The base CPI will be the
CPI for the month of the year preceding the effective anniversary date by ninety (90) days. The "CPI" shall mean the
Consumer Price Index (1967=100), issued by the Bureau of Labor Statistics of the U. S. Department of Labor.
All other terms and conditions of the Agreement will remain unchanged and in full force and effect. Kindly
acknowledge your acceptance of this amendment and additions to the Blanket Schedule "A", by endorsing and returning
one executed original to me.
Construction or installation on Railway's property cannot be commenced until a fully executed agreement has been
signed and received by the FEC Railway.
Inasmuch as these additional facilities constitute a change to the blanket agreement, please acknowledge your receipt
and acceptance by endorsing below and returning one copy of this letter to the undersigned.
Sincerely,
/�
A 4*
M. O. Bagley, Director
Industrial Development & Real Estate
MOB:bIb/bb
Enclosure
Amendment to Agreement. Acknowledged and Accepted:
This 14th day, of '.November 2000
Fran. .E. Adams, Cha.lrman
Print Name "4 Title