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HomeMy WebLinkAboutAgreement_General_7/9/1969_ yA _. Form 221---Revised---Not for Stock THIS LICENSE AGREEMENT, Made and entered into, in duplicate, this 9thday of A.D., 19-9_- by and between Florida East Coast Railway Company, hereinafter called "Railway" and V L!AGE OF TTQUESTA, a smoticipal corporation of the State_ of Florida ----- (Address: Tequesta,, Florida, 3 isS8) — — ---- hereinafter called "Licensee", WITNESSETH: for the first year and $1.00 for each year thereafter That Railway, for and in consideration of the sum of $20•00/ and the covenants and agreements of said Licensee hereinafter set forth, hereby give to Licensee the right and privilege to construct, in- stall and maintain certain appliances or fixtures for such time hereafter as the Railway, in its discre- tion, shall and may permit as follows: A subgrade eight (8") inch cast iron water main encased in a sixteen 16") inch steel casing pipe extending essterly,<end tfester'ly across- silt ay's right of may and under its main track at a point located four thousand ix hundred eighty-eight (46$$') feet southerly from ia3 s rs ?tile Post l . � '2$QQ as measured from Jackson— ville,-Florida,(County Line %ads. Martin—Palm Beach Comity, Florida). As sham on print as prepared by Brockway, Owen &.And- erson, Engineers, job No. 69452 dated April, 1969, .. revised Junes 6, 1969, attached hereto and made a part hereof"., And Licensee hereby covenants and agrees as follows: 1. That said appliance or fixture hereby permitted, shall be of the usual strength and fitness for the purpose used and be put in a good and workmanlike manner. All construction or installation of all of Licensee's appliances or fixtures shall be both commenced and completed within six months from date of this instrument and so reported in writing by Licensee unto Railway within said six months or in default thereof this License Agreement shall stand automatically terminated without any notice or action by Railway. 2. That if said appliance or fixture is a pipe, to extend under the track of the Railway, the same shall be located not less thar'i'e(L.C') feet below the bottom of ties in such tracks, and properly safe-guarded as may be necessary or as required by Railway;and if it is a.wire line to extend over the tracks of the Railway, the same shall be located not less feet above the rails, and the poles carrying such wires shall be double-bracketed and of good and sufficient quality and size for pur- pose used and located as hereinafter designated by the Railway and securely planted and fastened so as to prevent the same from falling on the tracks or other property of the Railway or upon other wires on the right of way. No other facilities of the Licensee shall be located upon any of the Railway's property without its prior written permission. PAGE 1 3. That if a license is hereby given for a telegraph, telephone or other signal line or lines, then any crossing of the same over or under Railway's tracks,shall be constructed and maintained in conformity with Part One of Rules,Regulations and Specifications governing the construction and maintenance of telegraph, telephone and other signal lines over or under the tracks of steam railroads in the State of Florida, adopted by Railroad Commissioners of the State of Florida, on May 7, 1924, effective August 1, 1924, and all amendments thereto. 4. And if a license is hereby given for an electric light or power line or lines crossing over or under tracks of Railway, then such crossing shall be constucted and maintained in conformity with the provisions of the National Electrical Safety Code as set forth in Handbook H-43 of the National Bureau of Standards in its present form or as subsequently revised, amended plus additional facilities as Railway may require to pro- tect all of its codimon carrier railroad operations, using or on Railway's right of way subject to injury or damage arising from the aforesaid location of Licensee's facilities. 5. The Licensee shall within thirty (30). days after date hereof, obtain all necessary permits, licenses and franchises required by law. Whenever under this agreement Licensee's power lines cross or. are located within feet from any lines or wires of any licensed communication utility on the right of way of Railway'Licensee shall at all times prevent interference in any way with the construction, maintenance or operation of such crossed or adjacent telephone and telegraph wires, and in such event, Licensee shall adopt, use and maintain the best known and most effective methods to protect the aforesaid telephone and telegraph wires and lines from physical hazard and inductive interference. 6. That said appliance or fixture of the Licensee shall•not at any time interfere with or endanger the track, roadbed, or other property of the Railway, or the operations, maintenance or improvements of the Railway, or of any other party, thereon; and Licensee shall at its own expense, on notice from said Railway, forthwith change, improve or repair such appliance or fixture as may be prescribed by said Railway. • 7. That if Railway in its discretion shall give notice in writing to Licensee of the cancellation or termination of this agreement, Licensee will at its own expense within thirty days after giving of such notice, remove said appliance or fixture of the Licensee from the right of way and property of said Railway, 3. That upon Licensee failing to completely construct or install as provided in paragraph 1 or aban- doning or ceasing to use and maintain said appliance or fixture herein specified, or upon the cancella- tion and termination of this agreement as herein provided, or upon the accidental or other breaking of said appliance or fixture causing damage or danger to the Railway's roadbed,tracks, or other property, Licensee shall and will at once remove said appliance'or fixture and restore the premises to its former good condition or at once repair such break or damage at its own cost and expense; and failing so to do, the Railway may make such removal or restoration at the cost and expense of Licensee. 9. That Licensee shall and will cause due notice to be given to the Railway when Licensee or its contractor or anyone claiming under Licensee, proposes to enter upon or cross the tracks, roadbed and other property of the Railway with such appliances or fixtures or for excavations therefor, in order that proper protection may be provided for trains. PAGE 2 . • 10. That Licensee, its successors, or heirs, and asigns, shall and will, at all times hereafter in- demnify and save harmless Railway, from and against all suits, claims and judgments, and all loss, damage, costs, charges and expenses, which they may suffer, sustain or in anywise be subjected to, either on account of loss or damage occurring to said Railway or to.its roadbed, tracks, cars, engines and other property, or any loss or damage occurring to said appliance or fixture or other property of • Licensee, or any loss or damage occurring to property of others, not party,to this agreement, whether or not such property be in the custody of Licensee or Railway, or on account of death, personal in- juries or loss to any employee, whether of Licensee or Railway, or other person holding.Railway re- sponsible therefor, arising out of, resulting from, or in any manner caused by,directly or indirectly,the location, construction, maintenance, operation or presence of the herein licensed appliance or fixture of Licensee on the right of way and property of Railway. The indemnities herein provided shall in- dude, but not be limited to, any loss, claim, damage, suit or judgment occasioned by automobiles, trucks or other vehicles of any person whomsoever parked or operated on or near the Railway's tracks arising out of, resulting from, or•in any manner caused by, directly or indirectly,from use by the Licensee of the privileges herein given. . . 11. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising, protecting and restoring the property of the Railway by reason of operation of Licensee. 12. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee. and none of the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be"binding under any cir- cumstances. 13. Licensee agrees to pay Railway, upon the execution and delivery of this agreement, the neces- sary amount of documentary stamp taxes required to be affixed to this agreement under the laws of the United States of America, the State of Florida, or both. 14. Licensee agrees that, if Licensee is herein required to pay unto Railway any.inc k oney as ,,, My may be.specified on first page hereof, Licensee will pay unto Railway the [ : "� � in cash in advance for each year for which this agreement may be renewed or may remain in effect be- yond one year from date hereof. 15. Licensee agrees that it:will, at its expense, adjust its said facilities to any physical change or additions made at any time by the Railway in its tracks, or the facilities on, or its property at this location. 16. Licensee agrees that its facilities shall be installed and maintained by and at the expense of Licensee in a manner that will not at any time be a danger to or interfere with the safe and efficient operation of the Railway's tracks or equipment thereon, that such work shall be subject at all times to the approval of an authorized representative of the Railway. 17. If Licensee be a municipality or a public or quasi public corporation then it agrees that •no assessment or other charges of any nature whatsoever shall be levied or made against the Railway or against its property on account of the installation or existence of Licensee's facilities at this location. PAGE 3 18. Both parties hereto agree that the provisions of General Specifications on three pages entitled, "GEi RlL REQUIREMITS FOR PIPE CROSSINGS UNDER TRACKS AiID ACROSS RAITWAY'S RIGHT OF WAY Fop NOIT 'I AMIABLE SUBSTANCES", attached hereto and made a part hereof shall apply to the work of and rights and privileges hereby given to Licensee!, XXXXXX••?tXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXx' XXXXXXXXXXXXXXXXXX _XXXXXXXXXXXXXXXSXX' X IN WITNESS WHEREOF, The parties hereto have caused these presents to be duly executed in dupli- cate the day and year first herein written. Signed, sealed a d delivered in pres a of: Florida E jas ailwa pang. if 119 __ By ~ -'� ~ President. Witnesses as to ailway. VILLAGE OF TEQUESTA, a "rip 1 corpor- ation,f(AV i IL "///' � at3.on/: thee St rf: !��_� _ ` ! cal) .� is •r d°: eQ r_ e____ hest ____ _ , seal � ' Vil3 age ,C rk Witnesses as to > icensee. , PAGE 4 r` CERTIFICATE I, ROBERT HARP, Clerk of the Village Council of the Village of Tequesta, do hereby certify that the attached is a true and correct copy'`of a Resolution as adopted by the Village Council on the / `' day of , 19. 6,2 WITNESS my hand and the official seal of the Village of Tequesta this/‘?' -- day of lu--57, �, 19 . . . _;SOLUTION NO. 3_68 ROBERT HARP VILLAGE CLERK , • waiii 04 1.1g. EAR' tbxt t , o mot i .:7 ,0IpAttsv4 14; :* (344 i Ate •` x the 4 1.40: R Vg ` •t.ztoc5'.'31' V." ,�y 1 +may +�'GS 4. L 44,FJ w.M gp pitt. `!.41 �''Li ..,SU1,4t {� - Tlatthe ' . 41 0j • ••//(7-----T • • . ieki ,'� a F. t: ..