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HomeMy WebLinkAbout2008-286 4 � 00 9 LICENSE AGREEMENT THIS LICENSE AGREEMENT, effective as of the 9th day of , 20085 is between FLORIDA EAST COAST RAILWAY, L. L . C . (Address : 7411 Fullerton Street, Suite 300, Jacksonville, Florida 32256), a Florida Limited Liability Company, hereinafter called "RAILWAY" and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called "COUNTY" . WITNESSETH : WHEREAS , the COUNTY has requested the RAILWAY to install an at-grade public road crossing, 53rd Street, at Railway ' s Milepost 223 +4 , 730 ' ; and WHEREAS , the COUNTY, RAILWAY, and the FLORIDA DEPARTMENT OF TRANSPORTATION entered into a Stipulation of Parties dated March 1 , 2006 , to permit the opening of said crossing; and WHEREAS , in accordance with said Stipulation of Parties, the RAILWAY will permit 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 RAILWAY, at the RAILWAY ' S Milepost 223 + 4 ,730 ' , more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE" ; and NOW, THEREFORE, for the covenants contained herein and other good and valuable consideration, the parties agree as follows : 1 . RAILWAY hereby permits the COUNTY to construct use, maintain, repair, renew and ultimately remove the CROSSING SITE under the terms and conditions set forth herein. XF111 4j Page 1 1 2 . The CROSSING SITE includes but is not limited to , the track structure, 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 ("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 construction, drainage, lighting and 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. 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. 3 . 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 lien upon RAILWAY ' S property. 4 . 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 . AFIII1Ud4 J Page 2 5 . COUNTY shall pay an annual license fee in advance to RAILWAY of $ 12 ,500. 00 (Twelve Thousand Five Hundred Dollars) , for use of the Crossing . The license fee shall be increased each year on the anniversary date of this Agreement, commencing on the anniversary date of the second year of this Agreement, by the product of the annual license fee in effect for the preceding year multiplied by one hundred percent ( 100 %) of the percentage increase, if any, in the Consumer Price Index, ( 1967= 100) , issued by the Bureau of Labor Statistics of the U. S . Department of Labor ("CPI") , or 3 %, whichever is greater. The base CPI will be the CPI for the month of the year preceding the applicable anniversary date of this Agreement by ninety (90) days . No adjustment will be made for decreases in the CPI. 6 . 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 . 7 . 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 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 . 8 . Unless otherwise specified, the cost of and liability for installation, construction, maintenance, replacement and removal of all facilities at the CROSSING SITE, including but not limited to the crossing structure, railroad and highway devices , and grade crossing surfaces, xFr i,,,6-.`.z;9 Page 3 whether performed by the COUNTY or RAILWAY, shall be the sole responsibility of the COUNTY . 9 . 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 IV 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 $467 , 100 . 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 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 . 10 . The RAILWAY shall install a 146 ' wide Omni concrete 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 $232 , 544 . 00 as shown on the estimates for xFn, kU•. [;J Page 4 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 . If such work is required due to replacement of the SURFACE, the COUNTY shall perform such work in accordance with the time and operational requirements of RAILWAY . The COUNTY will give prior notice to RAILWAY of all work to be performed by it at or near the CROSSING SITE and no such work shall be performed by COUNTY without the prior approval of RAILWAY . All work performed by the COUNTY shall be conducted at such times and in such manner as to not interfere or impede the operations of RAILWAY . 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 . 11 . In addition to the crossing installation, the RAILWAY will upgrade the existing North Gifford control point with new electronics and signal equipment that will integrate with the new 53rd Street grade crossing WARNING DEVICES , at the sole cost of the COUNTY . Installation cost are estimated to be $ 227 , 000 . 00, as shown on the estimate for North Gifford Upgrades attached hereto as Exhibit B and incorporated by reference . 12 . 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 xr rrr ; a Page 5 1 . 1 1 1 1 • • 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 signalization 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. 13 . 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 . 14 . 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 . 15 . Facilities at or near the CROSSING SITE that are not specifically covered bv this Agreement, including but not limited to pedestrian walkways, may not be constructed by £4T�Y - covnt7-`� 0�'✓ at or near the CROSSING SITE without the prior written approval of RAILWAY, which approval is in RAILWAY ' S sole discretion. The cost and liability for such facilities, including but not limited to claims for personal injury or death or damage to property of any person or persons whomsoever, shall be the sole responsibility of COUNTY . qtr 11164 Page 6 16 . If at any time RAILWAY, at COUNTY ' S request, performs work required to be performed by COUNTY hereunder, the cost and liability for such work, including but not limited to claims for personal injury or death or damage to property of any person of persons whomsoever, shall be the sole responsibility of COUNTY . 17 . The COUNTY further covenants to pay the RAILWAY, within sixty (60) days after presentation of the same, all bills submitted by Railway including maintenance bills as set forth in Paragraph 9 above and all bills for electricity for the lighting and illumination of the CROSSING SITE if same are provided by Railway. 18 . At the termination of this Agreement for any cause, or upon termination of the 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. 19 . 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 SITE . 20 . 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 . 21 . The COUTNY shall indemnify, defend and hold harmless RAILWAY it ' s affiliates , officers, directors and employees from any and all suits, claims, liability, losses, damages , AF1111G-1rrJ Page 7 expenses and costs (including reasonable attorneys fees) incurred by or asserted against RAILWAY whether for personal injury or death or damage to property of any person or persons whomsoever, relating to, resulting from or arising out of the construction, installation, maintenance or replacement of the CROSSING SITE by RAILWAY, the performance of work by RAILWAY required to be performed by COUNTY hereunder, or the use of the CROSSING SITE or COUNTY facilities , including but not limited to pedestrian walkways, at or near the CROSSING SITE and regardless of whether such injury or damage is caused or alleged to be caused, in whole or in part, by the negligence of RAILWAY. Notwithstanding the foregoing, the COUNTY shall have no indemnification obligation for the intentional, wrongful acts of RAILWAY. The COUNTY will include in any contract which it may let for the whole or part of any 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, L . L . C . AND INSURANCE REQUIREMENTS " attached hereto and made a part hereof as Exhibit D . 22 . (a) COUNTY, at its own cost and expense, when performing any work in connection with the CROSSING SITE shall request RAILWAY to furnish any necessary construction watchmen for the protection of RAILWAY ' 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 AFIII •: J Page 8 removal at the CROSSING SITE , RAILWAY shall have the right to place such construction 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 21 hereof. The COUNTY shall give the RAILWAY one ( 1 ) week ' s advance written notice when it 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 . 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 . 23 . 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 furnished by the RAILWAY, in accordance with the estimate of said cost to the COUNTY to be $ 926 , 644 . 00 set forth in Exhibit B and COUNTY shall pay such invoice no later than sixty (60) days from the date thereof. 24 . 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 . xF i,,,�!:`_:9 Page 9 25 . The COUNTY shall promptly pay RAILWAY all charges for replacement, repair or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within sixty (60) 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 . 26 . 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 . 27 . 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 thereby. 28 . 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 . ;tF111104VJ Page 10 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, sealed and FLORIDA EAST COAST RAILWAY, L.L. C ., Delivered in the presence of. a Limited Liability Company kolleL B ATTEST : C° - Witnesse as to RAIL AY Assi tant Secretary DATE : /D --y _ 2 �y INDIAN RIVER COUNTY, a political subdivision of the State of F ' orida B Sal „ Title7c Indra L . Bowden , Chairman d. Witnesses as to COUNTY Attest : lu.tr BARTON Title : r%64 : CLERK CIRCiiI7 Date : September 9 , 2008 APPROVED AS TO FORM AN ALS FICI BY WILLIA K. DEB DEPUTY COUNTY ATTORNEY AFF iii 4;-.`;9 Page 11 LICENSE AREA August 13 , 2008 , 2008 File : 223 /39/4730 53 "d STREET — MILEPOST 223+4,730 ' — FDOT # 273108M A PARCEL OF LAND WITH UNIFORM WIDTH OF ONE HUNDRED SIXTY ( 160) FEET NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND WESTERLY ACROSS THE RIGHT- OF-WAY AND MAIN TRACKS OF THE RAILWAY AT 53RD STREET IN VERO BEACH, FLORIDA, WITH LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED FOUR THOUSAND SEVEN HUNDRED THIRTY (4 , 730) FEET SOUTHERLY FROM THE RAILWAY ' S MILE POST NO . 223 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 MAIN TRACK, ALL AS SHOWN ON THE ATTACHED DRAWING NO . 01 -E - 148 , DATED AUGUST 29 , 2006, ATTACHED HERETO AND MADE A PART HEREOF . EXHIBIT "A" NORTH TO JACKSONVILLE � � 1 U . G . 12 " FORCE SEWLR MAIN ---_� SOUTH TO MIAMI , i U . G. WATER LINA VAI_ VF OLD DIXIE HIGHWAY \ „ �- i � i I , y � l OLD DIXIE HIGHWAY 4' PAVED SHOULDER \ " ' r _ _ _ _ _ _ _ p _ _ NOTE, LENGTH OF - - - - - -_ - - _ _ _ ._ _ - _ _ _ - _ _ _ . _ - _ _ - _ - - - - ._- - PEDESTRIAN SCISSOR _ _ rl _ -- - - � - - GATE 1 22 ROADWAY .. - - _ . - - - - - -- - - - _ - - - -- - - UG . 16" FORCE f vER MAIN r - _ ._ r . _ _ w/G �! - - A T #2 60 ROADWAY BRIDGE U . G- 16 ' SFAIN � � , VALVE ; i r r GATE 2 30' ROADWAY FORCE MAIN \ �abF' W ; � GATE #3 22' ROADWAY _ . . _ . . _ . _ _ . _ ; 6 6 . _ . _ _ _ _ _ _ _ . _ _ . . _ _ _ _ _ GATE #4 29' ROADWAY FEC R . O. W. MAIN NEW METER T' _ r r „ � _i . . . . . _ . _ . _ . . . _ _ _ . . _ . . _ . . - . . _ GATE 5 10' (PEDESTRIAN) r ! HOUSE S RVIC „ FEC R. O. W. GATE #6 11 ' (PEDESTRIAN) INSTALL NEW STANDARD r P� ' �_ NENSF SO. 7 ' TYPE III , CLASS III F,� INSTALL NEW STANDARD MEDIAN WARNING TYPE IV CLASS III , / DEVICE AS SHOWN . r � � INSTA NEW STANDARD ROADWAY WARNING LL DEVICES AS SHOWN . NF , � ICENS _ o TYPE III CLASS III Z rUNE j PEDESTRIAN WARNING DEVICE AS SHOWN . " 4. >5 • r Rqq SED 2 ! , o I' , GATE #1 / i ME IAN i GA SE v ao GA TE n U i re r7 #6 , 4. 75' II �� Q INSTALL NEW 146 . 25 LF CROSSING SURFACE. BY OTHERS: „ r` : ( 18 PANELS ® 8. 125' EACH = 146 . 25') PROPOSED CURB DROP AND PAVED ' o? � r "� DRIVEWAY APRON FOR RR ACCESS. ini -3' , r - - - - - MAINLINE !- - - - - - 27. 3' r r 108' rIt , 11 - - } - _ _ - - - - - - - - - - - - - - - - MAINLINE - - - - - - . _ . f. 1 , . <i9 IF i r U fHFk ,j , i -i ; i 1 EXISTING UG. FIBER OPTIC r r GA LINE T A � r LINE WILL CONFLICT WITH NEW RR ACCESS DRIVEWAY (GRAVEL) EOTGP ACEEMENT 0t� GARELOCATION WILL BEREQUIREb . #4 . \ - . sr�nttiwm - �+aa.+ �- ..s �A,.rwa e+ rsnra . , ., • a .4 . . : ,lp zl1 . ,.+ .,y,.. . . w ,mC �p.a.. . : u: :< . ra +•a,^ ..,.. :.. rl r o „F— I C 16 RS > M C 4. 55 NEW�4 hORCE SFWFR MAIN r � � � � � 4, 5 • ' 6 > ' k INSTA NEW STANDARD 'X4' INSTALL NEW STANDARD r TY IV, CLASS III i r TYPE III CLASS III PED€SYRIAN WARNING ' IV, WARNING S SECONDARY D r DEVI ES AS SHOWN . , r X80 ' 'ROUSE E ICE AS SHOWN . r , LICENSE r y 205 • it ' I i 4. >5 • r Sp �!� FEC R . O. W. LINE ��, 3 , WATER VALV „ r 1 '�— LINEE ROAD W . _ .65 ; _ 1 _ _ . . _ . . _ .. _ _ . . _ . . _ . . � . _ . . _ . _ . . _ . . - . _ _ - . . _ . . _ _ _ _ � 25 ' - _ - - . . _ . _ . _ . _ . . _ . V_ . . _ . . _ _ _ _ . . F - R. O. W. _ _ _ _ . . _ . . _ . . _ . . _ . . _ . . _ . . _ . _ AD I•yAY O AAR 53RD S I ; ! r INSTALL NEW STANDDARD TYPE IV, >g ' R. O 1y 127 # NfW CR0 7' , ; i a i CLASS VICESS AS SHOWN NTNG 0 3, 5 • �SSI/VG '6' SIDEWALK DRAINAGE DITCH - - - - - - .. _ . _ _ - - - - - - - - - - - - - 704 ' - < . r- - -� _ i ---- -_- _----- . _ _ _ .. _-----.. . _. .- ----- , r - - - - ... _ . - - - - - - - - - - - - - - -U . G. 36RCP - - - - - - - - o -- - - - _ ___ - - - - - .. . T � 2& ' _- - r . - - - ; ; - - - - - - _ - - - _ - - - r .� BY 0 FIRS DRAINAGE DITCH 4 H % , `O MEpSED ' „ 0 5j • r - _ _- NOTE - U G 36m CP DRAINAGE BY ooTNE S: o AAr �� 13. 5 • r �u SHOWN RELOCATED. TO rr NOTE - U. G. 36' RCP DRAINAGE F0 4 � AVOID INTERFERENCE WITH RR SHOWN RELOCATED. TO U . G. WATER LINE iir 72' Q ! WARNING DEVICE PLACEMENT. AVOID INTERFERENCE WITH RR , i i U . G. 36 " RCP i i ! WARNING DEVICE PLACEMENT. �' � " 12 ' E ROADWAY 765 , R . O. W. cr FLORIDA EAST COAST RAILWAY CO . ROADWAY DESIGN NOTES . rc OFFICE OF MANAGER - ENGINEERING SERVICES JACKSONVILLE i TAON , FER0CEITHERRTARNED NT ( TDOREOCAIPLCETOSNENNLDRANGOVIDITTERENWINEW WEST IIACEME . SUGGESELTIIONAMENHOWOTHISWI ) . GRADE CROSSING IMPROVEMENTS NOTE 1 : CURB & GUTTER , SIDEWALK OR ANY OTHER MASONRY CONSTRUCTION SHALL NOT BE CONSTRUCTED WITHIN 12' OF C/L OF 53RD STREET 223 + 4730 ' TRACK AS MEASURED PERPENDICULAR TO THE TRACK. NOTE. 2: ROADWAY AUTHORITY WILL BE RESPONSIBLE TO TRIM/CLEAR ALL VEGETATION WITHIN FEC R. O. W. LIMITS TO MAXIMUM VERO BEACH , FLORIDA 2' HEIGHT FOR A MINIMUM DISTANCE OF 325' FROM EDGE OF ROADWAY ALONG TRACK IN EACH DIRECTION FROM THE CROSSING. NOTE 3: THE ROADWAY AUTHORITY, OR DESIGNATED CONTRACTOR, SHALL NOT PREFORM TEMPORARY LANE CLOSURES, LANE SHIFTS, DRAWN BY PMB M P LOC 223 + 4730' SCALE 1 " - 20 ' OR DETOURS WITHIN THE FLORIDA EAST COAST RAILWAY RIGHT- OF- WAY WITHOUT AUTHORIZATION FROM THE RAILWAY' S SIGNAL TJF 08 /29 /06 DEPARTMENT PERSONNEL. YOU MUST CONTACT SKIP PROPST, DIRECTOR OF SIGNAL CONSTRUCTION , FLORIDA EAST COAST CHECKED BY P T FILE NO 223/39 /4730 IDWG NO 01 - E - 148 GXS0618186 GXS0821099 FLORIDA EAST COAST RAILWAY COMPANY 08/ 12/08 SAINT AUGUSTINE, FLORIDA VERO BEACH: INSTALL NEW 146' OMNI CONCRETE CROSSING 53RD STREET, MP 223+4730' - FDOT # 273108M FILE: 223/39/4730 CROSSING DESCRIPTION PAVING DESCRIPTION Length of Crossing Surface: 146 Tf Width (Across Road) 146 Ft Number of Tracks: 1 Ea Length (Along Road) 80 Ft Length of Track Panel: 186 Tf Projected Lift 3 In AGREEMENT DESCRIPTION GANG DESCRIPTION Responsible Party: Indian River County 3 Fort Pierce Section Agreement Date: 14 Fort Pierce Smoothing Division of Responsibility 0 Crane Encase Fiber Optic Cable County 0 Loader Maintenance of Traffic County Crossing Surface County Track Materials County Track Construction County Paving County Overtime N/A COST RECAPITULATION 10.00% Responsible Track & Civil Work Item Labor Equipment Material Contract Contingency Total Part Encase Fiber Optic Cable n/a n/a n/a 24,750.00 25550. 00 27,300.00 County Mobilization/Material Consolidation 2, 126.08 3,373. 80 n/a n/a 600. 12 6, 100.00 County Construct Track Panel & Place 2,280. 11 3 ,659.92 11 , 118.68 n/a 1 ,741 .29 1800. 00 County Maintenance of Traffic/Police Protection n/a n/a n/a 1200. 00 1 ,300. 00 149100. 00 County Remove Crossing Surface 0.00 0.00 n/a n/a 0.00 0.00 County Remove/Replace Structure 3 ,374.08 6,489.68 n/a 3 ,000. 00 1 ,336.24 14,200.00 County Line & Surface Track 822. 93 1 ,668.06 131335 . 14 n/a 15673 . 87 17,500. 00 County Replace Crossing Surface, As Needed 31579. 53 5,745. 68 59, 138. 53 n/a 6,936.26 755400.00 County Place Asphalt 182. 75 57. 12 n/a 435800. 00 4,460. 13 48,500.00 County Site Cleanup 670. 69 829.08 n/a n/a 200. 23 15700. 00 County Overtime Charge for Weekend Work n/a n/a n/a n/a 0. 00 0.00 N/A ---------- ---------- ....---... ---------- ---------- .......... Totals: 132036. 16 21 ,823 .35 83,592. 36 845350.00 20,798. 14 2231600.00 TRACK & CIVIL PROJECT COST : $223,600.00 1 ,531 . 51 $/Ft ENGINEERING & SUPERVISION : 89944.00 TOTAL CROSSING SURFACE COSTS: $2329544.00 NORTH GIFFORD CONTROL POINT UPGRADES: $2279000.00 TOTAL SIGNAL IMPROVEMENT PROJECT COST: 467,100.00 COST TO BE BORNE BY INDIAN RIVER COUNTY: $9269644.00 NOTE : THE ABOVE IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST EXHIBIT " B " Model Lest Revised 12/18/00 DATE : 06 / 09 / 08 FEC FILE : 10 . 2 TYPE : IV CLASS : III FLORIDA EAST COAST RAILWAY NO . OF DAYS : 14 OFFICE OF THE GENERAL MANAGER AAR / DOT # : 273108M OF SIGNALS AND COMMUNICATIONS MILE POST : 223 + 4730 ' Project Type : FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT 53rd STREET Vero Beach . This estimate should be considered void after one ( 1 ) year . MATERIAL UNIT COST UNITS TOTAL COST GATE ASSEMBLIES $ 7 , 479 . 00 6 EA . $ 44 , 874 . 00 GATES $ 500 . 00 6 EA . $ 3 , 000 . 00 GATE FOUNDATIONS $ 575 . 00 6 EA . $ 3 , 450 . 00 ADDITIONAL FLASHING LIGHTS $ 1 , 486 . 00 2 EA . $ 2 , 972 . 00 HIGHWAY BRIDGE 60 ' $ 42 , 130 . 00 1 EA . $ 42 , 130 . 00 CANTILEVER FOUNDATIONS $ 2 , 350 . 00 2 EA . $ 4 , 700 . 00 6 ' X 6 ' & 41X4 ' WIRED CASE , WITH HXP - $ 128 , 250 . 00 1 EA . $ 128 , 250 . 00 GENERATOR CASE W/ TRANSFER SWITCH $ 2 , 870 . 00 1 EA . $ 2 , 870 . 00 BATTERY BOX $ 675 . 00 2 EA . $ 1 , 350 . 00 BATTERIES , SAFT SPL250 $ 223 . 00 60 EA . $ 13 , 380 . 00 MISC . GROUND MATERIAL $ 3 , 115 . 71 1 PKG . $ 3 , 115 . 71 CONDUIT & DIRECTIONAL BORE $ 45 . 00 200 FT . $ 9 , 000 . 00 CABLE $ 14 , 400 . 00 1 PKG . $ 14 , 400 . 00 MISCELLANEOUS RELAY EQUIPMENT $ 1 , 120 . 00 1 PKG . $ 1 , 120 . 00 POWER SERVICE $ 1 , 800 . 00 1 EA . $ 1 , 800 . 00 MONITORING EQUIPMENT $ 16 , 485 . 00 1 PKG . $ 16 , 485 . 00 SANITATION & DISPOSAL $ 1 , 500 . 00 1 PKG . $ 1 , 500 . 00 FREIGHT & HANDLING $ 73 , 224 . 00 TAX Q 6 . 5 % X19 , 038 . 00 TOTAL MATERIALS $ 386 , 658 . 71 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 DAYS $ 490 . 00 EQUIPMENT TOTAL $ 6 , 146 . 00 ENGINEERING $ 8 , 500 . 00 1 $ 8 , 500 . 00 ENGINEERING TOTAL $ 8 , 500 . 00 CONSTRUCTION SUPERVISION $ 366 . 00 14 DAYS $ 5 , 124 . 00 LABOR ADDITIVE $ 2 , 854 . 00 SUPERVISION TOTAL $ 7 , 978 . 00 LABOR PER DAY $ 1 , 224 . 57 $ 17 , 144 . 00 NUMBER OF DAYS 14 LABOR ADDITIVE $ 10 , 005 . 00 TOTAL LABOR $ 27 , 149 . 00 GANG EXPENSES PER DAY $ 602 . 00 NUMBER OF DAYS 14 TOTAL GANG EXPENSES $ 8 , 428 . 00 SUB - TOTAL $ 4441859 . 71 CONTINGENCIES 5 % $ 22 , 243 . 00 TOTAL $ 467 , 100 . 00 273108M.xls /� DATE : 10 / 17 / 05 H FILE : FLORIDA EAST COAST RAILWAY NO . OF DAYS : 15 OFFICE OF THE GENERAL MANAGER OF SIGNALS AND COMMUNICATIONS MILE POST : 223 . 9 Project Type : FDOT ESTIMATED COST FOR TRAIN CONTROL POINT AT N . GIFFORD . This estimate should be considered void after one ( 1 ) year . MATERIAL UNIT COST UNITS TOTAL COST TRAIN SIGNAL ASSEMBLIES $ 6 , 450 . 67 3 EA . $ 19 , 352 . 00 SIGNAL FOUNDATIONS $ 575 . 00 3 EA . $ 1 , 725 . 00 8 ' X8 ' WIRED CASE WITH VHLC RACK $ 86 , 470 . 00 1 EA . $ 86 , 470 . 00 BATTERY BOX $ 675 . 00 2 EA . $ 1 , 350 . 00 BATTERIES , SAFT SPL250 $ 235 . 00 40 EA . $ 9 , 400 . 00 MISC . GROUND MATERIAL $ 2 , 566 . 83 1 PKG . $ 2 , 566 . 83 CABLE $ 14 , 300 . 00 1 PKG . $ 14 , 300 . 00 SANITATION & DISPOSAL $ 1 , 500 . 00 1 PKG . $ 1 , 500 . 00 FREIGHT & HANDLING $ 20 , 275 . 00 TAX @ 6 . 5 % $ 8 , 786 . 00 TOTAL MATERIALS $ 165 , 724 . 83 EXCAVATING EQUIPMENT PER DAY $ 181 . 00 15 DAYS $ 2 , 715 . 00 EQUIPMENT RENTAL PER DAY $ 125 . 00 15 DAYS $ 1 , 875 . 00 FOREMAN ' S TRUCK PER DAY $ 35 . 00 15 DAYS $ 525 . 00 GANG TRUCK PER DAY $ 63 . 00 15 DAYS $ 945 . 00 SUPERVISORS TRUCK PER DAY $ 35 . 00 15 DAYS $ 525 . 00 EQUIPMENT TOTAL $ 61585 . 00 ENGINEERING $ 6 , 500 . 00 1 $ 6 , 500 . 00 ENGINEERING TOTAL $ 6 , 500 . 00 LABOR PER DAY $ 1 , 224 . 57 $ 18 , 369 . 00 NUMBER OF DAYS 15 LABOR ADDITIVE $ 10 , 720 . 00 TOTAL LABOR $ 29 , 089 . 00 GANG EXPENSES PER DAY $ 553 . 00 NUMBER OF DAYS 15 TOTAL GANG EXPENSES $ 8 , 295 . 00 SUB - TOTAL $ 216 , 193 . 83 CONTINGENCIES 5 % $ 10 , 810 . 00 TOTAL $ 227 , 000 . 00 N. Gifford 07_ 11 .x1s 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 $ 25086 . 00 II Flashing Signals — Multiple Tracks $ 25760 . 00 III Flashing Signals and Gates — One Track $ 391460 IV Flashing Signals and Gates — Multiple Tracks $ 31950 . 00 AUTHORITY : FLORIDA ADMINISTRATIVE RULE : 1446 . 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 . 17 . S . * This schedule was effective July 1 , 2006 , 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" FLORIDA DEPARTMENT OF TRANSPORTATION Listed Below are signal installations by type and class : FLASHING SIGNALS . ONE TRACK Type = 1 , Class = 1 FLASHING SIGNALS - MULTIPLE TRACKS Type = 1 , Class = 2 FLASHING SIGNALS AND CANTILEVER - ONE TRACK Type = 2 , Class = 1 FLASHING SIGNALS AND CANTILEVERS - 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 TRACK Type = 4 , Class = 3 FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS Type = 4 , Class = 4 TYPE OF TRAFFIC CONTROL DEVICES I Flashing signals II Flashing signals with cantilevers III Flashing signals with gate IV Flashing signals with cantilevers & gate CLASS OF TRAFFIC CONTROL DEVICES I Flashing signals - one track II Flashing signals - multiple track III Flashing signals & gates - one track IV Flashing signals & gates - multiple track EXHIBIT " C " FDOT-Type-Class FLORIDA DEPARTMENT OF TRANSPORTATION Listed Below are signal installations by type and class : FLASHING SIGNALS - ONE TRACK Type = 1 , Class = 1 FLASHING SIGNALS - MULTIPLE TRACKS Type = 1 , Class = 2 FLASHING SIGNALS AND CANTILEVER - ONE TRACK Type = 2 , Class = 1 FLASHING SIGNALS AND CANTILEVERS - 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 TRACK Type = 4 , Class = 3 FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS Type = 4 , Class = 4 TYPE OF TRAFFIC CONTROL DEVICES I Flashing signals II Flashing signals with cantilevers III Flashing signals with gate IV Flashing signals with cantilevers & gate CLASS OF TRAFFIC CONTROL DEVICES I Flashing signals - one track II Flashing signals - multiple track III Flashing signals & gates - one track IV Flashing signals & gates - multiple track EXHIBIT " C " FDOT-Type-Class INDEMNITY OF FLORIDA EAST COAST RAILWAY, L . L . C . 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, L . L . C , or if Contractor is a Government Entity, agrees to the extent permitted by law will indemnify, defend and save harmless the Florida East Coast Railway, L . L. C . , 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, L . L . C . , 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 indemnify, defend and save harmless, Contractor shall procure and keep in effect comprehensive general liability insurance in the limits of $ 5 ,000 , 000 . 00 each occurrence for bodily injury or death and $ 3 , 000,000 . 00 property damage each occurrence with a $ 5 ,000,000 aggregate covering all obligations of Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives removed . 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 or A+ and a financial category size of Class XII or higher. EXHIBIT "D"