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Home My WebLink About2005-131 fEc � Florida East Coast R A I L W A Y , L . L . C . L Bruce Baker March 21 , 2005 Assistant Director Blanket File : 226- 1 -0 Industrial Development & Real Estate INDIAN RIVER COUNTY PUBLIC WORKS ..,_ . Mr . Jim Davis , Director 1i Indian River County Public Works a t q 1840 25d' Street t 3 f 1 Vero Beach, FL 32960 i F� Dear Mr . Davis : The Indian River County Public Works ("IRCPW") is currently a party to a Blanket License Agreement between the IRCPW and Florida East Coast Railway dated July 7 , 1998 , (the " IRCPW ' s Agreement"), whereby certain portions of Railway ' s right-of--way are licensed to the IRCPW for 6 utility crossings . The IRCPW ' s Agreement requires , among other things , that the IRCPW pay Railway an annual fee for each crossing that includes future increases dictated by market conditions . The purpose of this letter is to notify you that the annual fee for each of the IRCPW ' s utility crossings , based on the 2005 market rate , is $4, 624 . 00 . Enclosed for your files is a copy of the revised Schedule A to the IRCPW ' s Agreement reflecting this annual fee , which is due on the 2005 anniversary date of the IRCPW ' s Agreement . Further, to accommodate budgeting and other needs of city governments , as well as the Railway ' s administrative needs , utility licenses are being revised to provide for longer license terms and to tie future increases to a fixed rate . Accordingly, upon execution of this letter agreement by- the IRCPW , the IRCPW ' s Agreement is amended as follows : 1 . Paragraph 16 of the IRCPW ' s Agreement is hereby deleted in its entirety and replaced with the following : " 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 2006 , by the product of the annual fee in effect for the preceding 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 . No adjustment will be made for decreases in the CPT . " 2 . Paragraph 23 of the IRCPW ' s Agreement is hereby deleted in it entirety and replaced with the following : "23 . The licenses herein granted are subject to the needs and requirements of the Railway in the operation of its business and Licensee shall , at the sole expense of Licensee , remove and/or relocate any existing crossings , appliances , fixtures or facilities upon sixty ( 60) days prior written notice to Licensee whenever, in the furtherance of its needs and requirements related to transportation, including operation of passenger and freight trains, Railway shall find such action Ph: (904) 826-2269 • Fax: (904) 826-2322 One Malaga Street 9 P. O. Box 1048 • St. Augustine, FL 9 32085- 1048 necessary. Railway shall use good faith efforts to provide to Licensee a replacement location, on, over and across Railway property . Any appliances , fixtures , or facilities at the replacement location will be subject to this Agreement and Railway shall use good faith efforts to minimize the cost of and impact to Licensee of any such relocation. If no replacement location on Railway property is available , the license and the Agreement will terminate for such crossing, appliances , fixtures or facilities at the end of the sixty ( 60) day notice period provided for herein. Upon termination of such license, Licensee shall promptly remove the affected crossing, appliances , fixtures or facilities and restore the premises to their former condition. In the event of a failure of Licensee to do so, the Licensee will promptly reimburse Railway for its cost of doing same . " 3 . Paragraph 24 of the IRCPW ' s Agreement is hereby deleted in its entirety and replaced with the following : "24 . The initial term of this Agreement shall expire on the anniversary date of this Agreement in the year 2036 . This Agreement shall be automatically renewed for one ( 1 ) year terms thereafter unless at least thirty (30) days prior to the 2036 anniversary date or prior to the end of any renewal term, as the case may be, either party gives written notice to the other party of its intent not to renew the Agreement after the end of that term. Notwithstanding the foregoing, licenses granted hereunder and this Agreement may be cancelled under paragraphs 21 or 23 hereof. Upon termination of any license or this Agreement, Licensee shall promptly remove the affected crossing , appliances , fixtures or facilities and restore the premises to their former condition . In the event of a failure of Licensee to do so, the Licensee will promptly reimburse Railway for its cost of doing same . " Except as amended herein, all other provisions of the IRCPW ' s Agreement remain unchanged and in full force and effect. Please indicate the IRCPW ' s acknowledgment and agreement with the amendment of the IRCPW ' s Agreement as set forth herein by signing and dating this letter where indicated below and returning the original to me . Sincerely, /;� � Bruce L. Baker, Assistant Director Industrial Development & Real Estate BLB/kp ACKNOWLEDGED VD AGREED TO : . eget g • ., 11 Indian River Coun'fy Public *W& ks ' F • w ` •. ti n nage: .aw:r.r..�...ru.u_�>9. -+.r,sa..r..a. g.w.. .:mna..mvwd +.wA..,a By: Eno _c ' liver County Approves: hate Its : Chi ixman Adrninistration y� os— Ttiprli3s- ,3Lowther Budget Date : Ap.r � 12 , 2005 �'� , • . . . . . • - Co , Attorney ry Risk Management Delaartment 3 3i o7 Division a� r Indian River County Public Works Report Date I0066 Mr Jim Davis Director Schedule " A " - Blanket Utility 226- 1 -0 18-Mar- 05 1840 25th Street Blanket Anniversary 7/7/ 1998 Vero Beach FL 32960 Beginning on Anniversary date in year FILE Date of Agreement Milepost Length Rate County 2004 2005 *2006 226-24 7/6/2001 225 + 2430 105 W3 Indian River 372 . 75 504 . 00 504 . 00 24" SG Stormwater pipe inside 32 " steel casing on s/s of Gifford Rd , Vero Bch . SG 226-1 -5 12/5/ 1983 228 + 100 100 W4 Indian River 325 . 00 510 . 00 510 . 00 24" storm sewer in 36" stl casing at 16th St SG 228-30 -2 5 /23 / 1985 228 + 3483 100 W5 Indian River 350 . 00 540 . 00 540 . 00 36" RCP in 54 " Steel casing pipe at 12th St SG 228-66c 9/ 13 /2002 229 + 3982 100 W4/2M Indian River 1355 . 00 1820 . 00 1820 . 00 2 storm water drainage outlets w/rip-rap connected by 36 " RCP pipe inside an SG along east r/w at 4 St. , Oslo. 228 -66a 9/ 13 /2002 229 + 3982 100 C2 Indian River 720 . 00 850 . 00 850 . 00 2-4 " SG conduits for traffic signal cables in 24 " hdpe casing on n/s of 4 St. , Oslo. SG 231 -7-3 9/ 1 / 1992 232 + 4480 100 W1 Indian River 50 . 00 400 . 00 400 . 00 Traffic interconnect at Highland Dr, Oslo, 2 " PVC in 6" rigid pipe SG * Increase Based on CPI or 3 % Number of Records 6 $39172 . 75 $45624 .00 $4,624 .00 Page 1 of 1