HomeMy WebLinkAboutAgreement_General_8/8/1989_ RELEASE AND INDEMNIFICATION AGREEMENT
WHEREAS, the Village of Tequesta, hereinafter referred to as
"Village, " desires to obtain permission from Florida East Coast
Railway Company, a Florida corporation, hereinafter referred to as
"FEC, " to enter upon FEC property at Railway Milepost 281+ 4096' ,
Tequesta Drive, Tequesta, Palm Beach County, Florida to commence site
work associated with the widening of the Tequesta Drive crossing; and
WHEREAS, "Village" acknowledges and appreciates the risks of
coming on the property of FEC, including an awareness of the activity
in the area resulting from the operation of FEC' s railway equipment.
NOW, THEREFORE, in consideration of the granting of such
permission, revocable at the pleasure of FEC, "Village" agrees as
follows:
1. "Village" assumes all risks involved and to be fully
responsible for the safety of its servants, agents and all other
persons acting at its direction and control.
2. "Village" releases and forever discharges FEC, its successors
and assigns, from any and all claims and demands of whatever nature,
whether for personal injury or death, or damage to or destruction of
personal property and hereby assumes full responsibility for any
accident, death, dismemberment temporary or permanent disability
resulting to any servants, agents, contractors or employees.
3. "Village" expressly undertakes to indemnify and hold harmless
FEC, its successors and assigns from any liability, loss or damage
for injury to or death of any persons whomsoever, including, but not
limited to, servants, agents, contractors and employees of FEC or
third persons, or for any loss of or damage to property, arising from
or in connection with the use and occupancy of FEC's premises, or
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from ingress or egress from these premises, whether such liability,
loss or damage is due or claimed to be due to the sole acts or
omissions of "Village" ; the sole acts or omissions of FEC; the sole
acts or omissions of known or unknown third parties; the joint acts
or omissions of "Village" , FEC, and known or unknown third parties;
or otherwise.
4. Should it become necessary for FEC, its successors or assigns,
or any party acting on FEC's behalf, to incur any costs or expenses,
either directly or indirectly, including, but not limited to,
attorneys' fees, investigator' s fees, collection fees, or court
costs, in connection with any claim or demand for which
indemnification is provided by this Agreement, or in connection with
any attempt to recover losses incurred on such claims or demands or
in connection with the enforcement of this Agreement or any portion
hereof, "Village" agrees to pay FEC such costs and expenses for which
expenditure is made or liability incurred by FEC.
5. Should "Village" engage any other party to perform the work,
the responsibilities of Village will be equally applicable should any
property damage, injury, or death occur to any person or persons, as
a result of actions of that third party.
6. "Village" agrees that at all times, its servants, agents, or
contractors are on the property of FEC, they will be subject to
supervision by a representative of FEC and all costs of such
supervision shall be borne by "Village. "
7. Village or its contractors will notify FEC' s Chief Engineer,
prior to entering FEC property, at telephone (904) 824-3421,
extension 304.
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8. This Agreement shall remain in effect from first entry onto the
property until the matter which was the basis for the issuance of
this Release and Indemnification Agreement has been completed or the
Agreement is cancelled by FEC. It is expressly agreed, however, that
those portions of this Agreement providing indemnity shall remain in
full force and effect during the applicable limitations period.
9. This Agreement shall extend to and be binding on all persons,
or representatives and all persons who may have any cause of action
or claim on account of the permission to enter FEC's property granted
by this Agreement.
Dated this A0 day of ed 19 g7
Signed, sealed and delivered VILLAGE OF TEQUESTA
in the presence of:
412N12/7//r144-0;w3-.._ t; 1_..//7
Attest:
Title: Vi Nary. Mavw vr-
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