HomeMy WebLinkAboutAgreement_General_2/1/1975_ THIS BLANKET RENTAL AGREEMENT, made this day of 4-1
19 r), between the FLORIDA EAST COAST RAILWAY COMPANY, . a: Florida corporation,
being hereinafter called "Railway" , and the City of .TBQp '4A.
, a municipal corporation of the State of Florida, being herein-
after called "Licensee". .
WHEREAS, the Licensee has heretofore constructed and now maintains
crossings of electric transmission and distribution lines, water, sewer and
200
drainage pipes on and across the normal right-of-way (1 feet or less) and
' Over and under the wires and tracks of the Railway at points listed on the
.`schedule captioned "Schedule A" hereto attached, and made a part hereof and
WHEREAS, the Licensee may desire in the future to construct and main-
tain additional crossings of electric transmission and distribution lines
with the poles , towers, guys, anchors, suspension lines for the same, and
transformers, switches, and required appliances for said electric lines,
water, sewer and drainage, pipe crossings, all of which are sometimes
hereinafter called "Crossings" ,"Wire Lines" , "Water Mains" , "Appliances",
"Sewer Mains, "Fixtures" or "Facilities" on and across the normal right-
of-way and over and under the tracks of the Railway from time to time at
other points .along the right-of-way of the said Railway, and
WHEREAS,, both parties hereto are desirous of entering into an agree-
ment which shall cover the terms upon which such crossings have heretofore
been and may hereafter be made,
NOW, THEREFORE, in consideration of the sum of One Dollar ($1 .00) and
other consideration as hereinafter set forth', the receipt of which is here-
by acknowledged,. the Railway, subject to each of the terms and conditions
herein set forth, hereby gives to the Licensee permission and license to
construct and maintain said electric lines, water, sewer and drainage •
pipe lines across and on the normal right-of-way and over and under the
wires and tracks of the said Railway at the points listed on the schedule
hereinbefore referred to and at such other points along its line of rail-
road
that may be hereafter designated in advance of any construction or,
installation by the Licensee and accepted or permitted by the F,ilwav�
upon the following terms and conditions, to-wit:
(1 ) Whenever the Licensee shall desire hereafter to construct a:. '.
maintain said electric lines, water, sewer and drainage pipe lines and
appliances as. aforesaid, it shall make written application to the Rail-
- 1 -
way, as per attached form, in duplicate, together with three (3) prints of
plan and profile drawing containing all pertinent details for proposed
crossing, the application to be mailed to Manager, Industrial Development
and Real Estate of the Railway at St. Augustine, Florida. Plan shall show
all information for carrier pipe and casing pipe, if used, and angle of
crossing, Railway survey station, or distance to nearest mile post, right-
of-way lines, tracks and all other Railway facilities near point of. cross-
ing. Profile shall show pipe or wire line in relation to actual profile
of ground and tracks; if subgrade pipe, proposed method of installation,
and location of jacking pit, which shall not be closer than twenty (20)
feet from center of nearest track. Open-cut method of installation through.
Railway's roadbed will not be permitted. The Railway shall , in writing,
notify the Licensee whether it has any objections to such appliances or
fixtures and if so shall specify the same, in which event, no such ap-
• pliances or fixtures shall be made or attempted to be made by the Licensee
hereunder until it receives the written approval of the. Railway. If the
Railway finds no objections to said appliances or fixtures, it will so
notify the Licensee and the Licensee shall be permitted and allowed and
thereupon. Licensee is given and licensed the right to construct and
maintain said appliances or fixtures.
(2) The work, including maintenance, herein contemplated shall be
done in a good and workmanlike manner by the Licensee at its sole cost
and expense and in a manner satisfactory to the Railway.
(3) The appliances or fixtures shall be constructed and maintain
ed in the manner specified in Part Two of Order 799 of the Railroad and
Public Utility Commission of the State of Florida, dated May 7, 1924,
as amended by rules, regulations and specifications of the U. S. Depart-
ment of Commerce, National Bureau of Standards, Safety Rules for the
Installation and Maintenance of Electric Supply and Communication Lines,
Comprising Part Two and the Grounding Rules of the Fifth Edition,
National Electrical Safety Code, issued September 23, 1941 , as contain-
ed in National Bureau of Standards Handbook H32 adopted by the Florida
Railroad and Public Utilities Commission on January 4, 1951 . Specifi-
cations may be modified in the future by the Railway or Governmental.
bodies as conditions warrant such modifications.
- 2 - :,
•
(4) That if said appliance or fixture is a pipe or conduit to extend
under the track of the Railway, the same shall be located not less than 5.0
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 ex-
tend over the tracks of the Railway, the same shall be located not less than
30 feet above the rails, and the poles carrying such wires shall be double-
bracketed and backguyed of good and sufficient quality and size for purpose
used and located as hereinafter designated by the Railway and securely
plated 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.
(5) The Licensee shall within thirty (30) days from. written approval
of Railway as to any additional electric line or appliance, obtain all
necessary permits, licenses and franchises required by law. Whenever
under this agreement Licensee's power lines cross or are located near
any communication or signal lines of Railway or communication lines of
American Telephone & Telegraph Company and Southern Bell Telephone 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 signal lines or Railway or communication,
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 ducti.ve.interference.
(6) That said appliances or fixtures 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 improve-
ments of the Railway; or any other party, thereupon;. and Licensee
• shall at its own expense, on notice from said Railway, forthwith
change, improve or repair such appliances or fixtures as may be
prescribed by said Railway.
(7) That Licensee shall and will cause due notice and in no
event less than forty-eight (48) hours excluding Saturdays,. Sundays,
and holidays , to be given in writing to the Railway when the 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. If Railway shall object to the notice
as too short, that the work has not therefore been authorized in writing by
Railway, then no such work shall be commenced until approval is obtained in
writing from Railway.
(B) Should the provisions herein named cause any change or alterations.
in the location or arrangement of the wires or poles of the Railway or the
wires and poles of the American Telephone & Telegraph Company or Southern
Bell Telephone Company or the Western Union Telegraph Company or anyone or
more located on the Railway's right-of-way, the cost of such alterations
or re-arrangements shall be paid by the said Licensee.
(9) Licensee agrees that if by reason of any changes or additions
which the Railway desires to make in its tracks, right-of-way, structures
and appliances thereon, or property, it becomes necessary to change the
location of all or any part of the said crossings or appliances therefor
as aforesaid such changes as are necessary shall be made by Licensee
promptly at the request of the Railway and at the sole cost and expense
of Licensee.
(10)' In consideration for the granting of this crossing and in
recognition of the exposure to hazard of the operation of the Railway
by reason of the construction, maintenance and use of said crossing, the
Licensee does hereby' release and agree to indemnify and save Railway
harmless from and against all liabilities, claims, costs and expenses,
including legal fees., for loss or damage to the property of either
party hereto or of. third persons and for injuries to or deaths of
Licensee., or the agents, employees or invitees of Licensee or third
persons or the employees of Railway caused by or arising out of the
presence, maintenance, use or removal of said crossing, regardless
of any negligence or alleged negligence on the part of any employee
of the Railway.
(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 operations of
Licensee.
- 4 -
(12) 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 wirelin.e, water, sewer or drainage pipe crossings or other facilities
(but subject to increase upon ninety (90) days' .notice by Railway) the follow-
ing. schedule for occupancy of normal right-of-way in custody of the Railway
the purpose of which is to arrive at a standard charge of rentals covering
said appliances or fixtures where Railway's right-of-way is 100 feet or
less:
(a) Wire Lines
Crossings - Electric (overhead with no support on Railway property)
First year $50.00; each year thereafter $20.00 -
Extra Charges for supports on Railway property.
Poles $6.50 per annum (each)
Anchors and Guys - $6.50 per annum (each)
(b) Electric (Underground), water, sewer and drainage pipeline crossings
$50.00 first year and $20.00 each year thereafter.
(13) In the event any other and further wire. or pipe lines or crossings
c upon or across the normal right-of-way of the Railway shall hereinafter be
found to exist as of the date hereof although not shown on Schedule annexed
hereto, or tohave been added during the life of this agreement, such wire
lines or crossings upon or across the normal right-of-way of the Railway shall
be part of this agreement by amendment thereto, giving similar data as for the
crossings or other facilities shown on the attached. Schedule and all the terms
of 'this agreement shall apply to such additional wire line facilities.
(14) This .agreement and Licensee's right hereunder shall not be assigned.
nor mortgaged by. said Licensee without the prior written consent of the Railway
having been first obtained.
(15) In the event Licensee shall make default in the performance of any
of the covenants of this agreement contained, to be byLicensee kept and per-
formed, and such default shall continue for ten (10) 'days after written notice
thereof shall have been given by the Railway to the Licensee then at the option
of the Railway the license hereby granted may be by the Railway declared for-
feited as to the crossing or crossings or other facilities where such default
occurred and thereupon all rights of the Licensee shall cease, as to such
crossing 'or crossings or other facilities and Licensee will at its own expense
remove said wire or pipe lines from the property- of the Railway at such cross-
ing or crossings, or other facilities. In the event of the failure of Licensee .
to so do, the Licensee will promptly reimburse the Railway for the cost of so
doing.
(16) This agreement shall supersede all:other contracts, license agreements,
heretofore made between the Railway, and the former Trustees of its property,
on the one part, and the Licensee and all other predecessors and subsidiaries
of the Licensee, on the other part, for all electric cable and/or wire and pipe
lines on or across the right-of-way of this Railway by such Companies shall be
conclusively held to have been constructed under equivalent terms and conditions
as those herein, and shall be maintained under the terms of this agreement.
(17) Either party hereto shall have the right to cancel this agreement as to
any one or more of the existing wire or pipe lines, appliances and fixtures as
shown on the attached Schedule or to any future crossings of wire or pipe lines
or facilities at any time upon ninety (90) days ' notice in writing to. the other
party. Whereupon, Licensee will , at its own expense within thirty (30) days after
such notice of cancellation, remove the appliance or fixture from the right-of-way
and property of said Railway or make other disposition with same, satisfactory to
Railway.
(18) .Upon the execution of .this agreement and, during the month of January
of each year thereafter, the Licensee shall submit to the Railway a signed proposed
schedule and revision thereof, showing thereon all the then .existing- facilities on
or across the Railway's normal right-of-way which, when approved in writing by the
Railway, shall be basis for billing and conclusively taken' a' d held to be a part
of this agreement, and renewed for a term of one year, as well as all conditions
and deletions during the life of said agreement.
(19) That said Licensee, for itself, its successors and assigns, hereby accepts
the agreement herein given, upon above specified terms and conditions.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly
executed the day and year first above written.
Signed., sealed and delivered FLORIDA EAST COAST RAILWIAY COMPANY,
in the presence of: a Florida corporation
y f Presiders : .
Witnesses as to Railway
TIMM
City of
a municipal corporation;.of the State
of Florida
By fAL)
May .
Attest: -(} „_a (SEAL)
Wit ' sses as to City CtUClerk .
- 6 -
APPLICANT:
State in which incorporated Address:
In regard to the application to the FLORIDA EAST COAST RAILWAY COMPANY for per-
mission to construct
across the Railway's right-of-way.
(over)
The above-named facility is to be constructed across the right-of-way and (under)
the tracks, at a point feet of Mile Post Number
in County, Florida.
The is to carry
(voltage of)
(under a pressure of) It is to be a
pipe, Class , having a wall thickness of not less than
inches.
(suspended by)
The , is to be (encased in )
(having a wall thickness of not less than inches, for a distance
of feet across the right-of-way, or from
to
Clearance above top of rail for overhead 'wirelines shall' be not less than 30.0
feet. •
The top of subgrade pipelines (encasement :pipe,. or carrier pipe if not encased)
shall have a clearance of not less than 5.0 feet below the bottom of the ties.
If a subgrade pipeline, installation will be by the boring. and jacking method
within 20 feet of the centerline of the nearest track.
•
•
• -
k •
. •
4.PPAsu.74. "41 .
loo * Water Nein
0 a Sever (grairlty or tom
Stott Drain
1/1011 Or AMNION • e„ . . .
df.:119CM,:;:il,tVi 4111*At543 frgklMatIthr9q,1 ":16;441*74Pit g141
28,14", ?NO 406 Coo tin •e Rosid IV 280 +
448841 8" Moo $20.
2/1/75 Blanket Agt
g0i404 800 north eft to:mem Drive ttat 80 ripe 0504001
,-. .
283-20 1-16-58 567 MP 281 + 4162 feet UM 10" Pipe $20.
0
,
n t---,
4 "
,,'
1_,
Ell I 041,7, FLORIDA EAST COAST RAILWAY COMPANY
'z
C FE ';i:.-;
cll. ONE MALAGA STREET,ST AUGUSTINE,FLORIDA 32084
January 21, 1976
Files: 281-1-0 and 281-1-3.
TEQUESTA: Village of Tequesta - Blanket Agreement dated February 1, 1975
(Document No. 06654.)
TEQUESTA: Village of Tequesta - Subgrade 18" Water Bain Crossing -
County Line Road, NIP 280 + 46761 -,
Mr. Robert Harp,
Village Manager,
Village of Tequesta,
357 Tequesta Drive,
Tequesta, Florida 33458
Dear Mr. Harp:
Reference is made to that certain Blanket Agreement
--.-7) dated February 1, 1975 between-the Railway and the Village of Tequesta
and request of Gee & Jenson, Engineers-Architects-Planners, Inc.,
2019 Okeechobee Boulevard, West Palm Beach, Florida 33409, in behalf of
the Village of Tequesta, said request being dated October 17, 1975,
to install a subgrade 18 inch water main across Railway's right of way
and under its track on the south side of County Line Road, per Gee &
Jenson's Plan Job No. 74-620 dated October, 1975.
This letter is to advise that the plan was approved
by the Railway and that the,pipeline crossing is being added to the.
Blanket Agreement on Schedule "A" this date. The installation may
proceed pursuant to the terms of the agreement.
Sincerely yours,
e- a'
Manager,
jp-,0 in / Industrial Development & Real Estate.
v , /
i, ee,
,k
\--0
/ co. .
' '14 ,91,
„ ,D6
-
-e, , h -re
A'
6 4
OG ' •
<Ix I /
co 1 %CP
,
/ , . \ 1 rid
n A/for 7'1 n Cpui-.717." , \
__
\ gi. --\-
---p-, ,
I )
p - (
1---
\\\. -- , , ----\---1 ..1, PR. Signal ,___., • ...
Can/-rol - . • . \,.....,,..
TV -------"'
• Cocirdi.v Line Rd
10--",2\N \ C• (\
.-7 777.... -ri
Jacking Pi/' ( A
4 7- l2 0' /
____\ yx
- ,..z.viregare4-04. ,. .tri..
ti--W
\ \ ---- ----- —)I---f--- —
--4—v4-5.---4 ... .
10 0
sx:+4. Bpi/err/4/J\ .r. \\-,-C---- `',,
0 % • •
CA. .0„, V\ 142/ve Eiox, rgp.
\
•ik . ;
--k er- \ Alezw /c9fisi4;C././? C1 I, ..5igna/ •
• • e
Waler- Main • .
•,, t,
AZ iii \
- . 0
P. ......'
\ •
. Pa im Beaci-7
E.G. i tr,
el .- H i ',.. .T.--17 ..•--7,,,,, I.-- 1 \ ml.. "._
.Ve,--', --•', ,?,,,>
PLAN
..?•., 4 , "---/
Scale : l" z 50 ' \
FE.C. P.P.
R/W'2_,,,,, Top 0(t- Ticz. 51.15.4 ) RAV
. --) /5
E/. 1 I.e G
Ex is/ 6radel /. 71 6
..... 7 1"71, 1\ 1 ---cr—
‹... 1C • /C6"0 C. /., ,y1. J.-firgf"1:3-- v.,--- pip. Plia tat- Alain
Top Of , 1 /84.J. E3u/7er4y Va.
Casing El 8.75 1 So x 7:_w›. IC
--.....
. .
NI
ird et
H ,_
III j,
_
.5
.., 501 501 14_-2 ,
• ,
^'.....3
%Seca/ Z3o71/7 Ends olf- Casir-79
..30nli Sic / Pip' c Casing .
WI/17 Oakum eConc. Growl
A.S.T.. M. A - /39 With kfiriumum : : A irierll Pipe !-l®s Bean
Wall 7/7/Ckr7e.S5 or 0.40ass '
/00 ' lg. Boreal And Jacked In 3 laed.
Under Rai/ Bed 4.5
indiCaieci. PROFILE 1-/priz.: I" 50'
I/or-4 : I" ...• 5'
• .4:-- !...:. c;:i.9..A.to; , 1492):.
GEE & JENSON CONSULTING ENGINEERS, INC.
• ',... .'-/‘ r... 1 f. r IT,J•il kV V trik
::. ;,..4 0 ,- •4 1.4 it' . •i rw, v.,ii ,m,
t.:,i !II,' V4' !'
'WEST PALM BEACH, FLORIDA
1 ;$;:,',: -.;, k .:' ' :: ii-1 !,. . t; t (7 ' .....
1
1.:•4; t'.4.1 i:; 0 oLl at i''',1 k ?s, ;. .:'.i' ":.'' ; Ai filli "; . FE. C. R.P. WATER /vtA/AI CR0,55INC7
,i41•11 VI le -:.,,;' ..F-1. ,`, ' ''i 1); W .-1`• 'A 'i‘ : 9 '4;'-'7- ,0:
lt 't:1' 4 egt t :,,1 i viL,L A6E OF 7E00E1/45TA
°!4'Pi?!c,qft ii,,;,:::,-1,-ir r 0 iro,v-•pi 1" • k1,1? 2607 4676 :
o Q'; iii t tv iSION
DESIGNED DRAWN CHECKED ' JOB NO. DRAWING NO.
!..
/it).13. P.V8. 74-Gee
DATE SCALE APPROVED FILE NO.
SHEET / OF /
__ ___ • • Oc7 '76 As6hown
..._