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HomeMy WebLinkAboutAgreement_General_1/26/1977_ Form 221---Itwi:d---P4oe for Stock THIS LICENSE AGREEMENT, Made and entered into, in duplicate,this_day of A.D., 1977 by and between Florida East Coast Railway Company, hereinafter "Railways' and VILLAGE OFTMFST,A,-.a.. nicial._corporation-_nf~--t L Si te- of FinniaA (ADDRESS: City Hall, Tequesta, Florida 33lt 8 L_ _ .____ (*plus h% Florida Sales and Use Taxes hereinafter 'called "Licensee", WITNESSETH: unless exemption is furnished.) per year That Railway, for and in consideration of the sum of$1500.00/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 121' cast iron water main parallel encroachment entering Railway's right of way at the easterly R/W line at Milepost 281 plus 5132 feet and extending southward 5 feet inside of said R/W line to Milepost 282 plus 2792feet; thence again entering Railway property at Milepost 282 plus 3828 feet west of State Road A:.1,,A and continuing south- ward to Milepost 282 plus 4165 feet at which point said water main crosses Railway's right of way and under its track, continuing westerly off said R/W and again entering said R/W on the westerly side of the track at Milepost 282 plus 5001 feet; thence continuing southward, east of a paved street, to the north side of Indiantown Road (Milepost 283 plus 3117 feet). (Milepost locations are canputed at right angles to the centerline of the main railroad track.) A11 as shown in red on Railway's Map V.3/S.UC, dated December 31, 1927, as revised October 27, 1976 and January 24, 1977, attached hereto and made a part hereof. (Also as shown in greater detail by Gee & Jenson Engineers, Plans of Job No. 76-80, dated November, 1976, as revised December 17, 1976, consisting of.1ls sheets.) And Licensee hereby covenants and agrees as follows: 1. That said appliance or fixture hereby permitted, shall be of the gal 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 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 extend over the tracks of the Railway, the same shall be located not less than 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 upeeea any of the Railway's property without its prior written permission. - PAGE 1 ' • 3. That if a license is hereby I;;' cn for a te107"tpi,, tt...,aonc ,e or other signal line or lines, then any crossing of the same over or under Railway's tr ,c'., tha;i be constructed and maintained in conformity with Part One of Rules, Regulations and S c.ciiication . tin. .rning the construction and maintenance of telegraph, telephone and other signal lines over b, u,icter 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 it; con'imon carrier railroad oy '•rations, using of on Railway's right of way subject to injury or damage ,iiising from the aforesaid location of Licensee's facilities. S "Chc Licensee shall wi'hni 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. The Railway reserves the right to cancel this license agreement upon thirty (30) days written notice and licensee will, at its own expense, within the afore- mentioned thirty (30) days, remove any and all said appliances and/or fixtures of the licensee from the right-of-way and property of said Railway. 8. 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 N • 10. In consideration for the granting of this crossing and in recognition of the exposure to hasard of the operation of the Railway by reason of the coAstrection, 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 for loss or damage to the property et 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 . -sr 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 operation of Licensee. 1$. That this agreement shall be binding upew the successors or the heirs and assigns a! Licensee and none of the covenants er agreements herein contained Mall be waived or modified except by both parties, hereto in writing and no alleged. verbal waiver er modification shall be binding under any circumstances. 13. Licensee agrees to pay Railway, upon the execution and delivery of this agreement, the necessary 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 Sailway any sum of money as lay be specified on first page hereof, Licensee will pay unto Railway the she of $ 1,5OQ.po in Cash in advance for each year for which this agreement may be renewed or may remain in effect beyond one year from date hereof. 1S. Licensee agrees that it will, at itse. la�ciliti•a to any �pense� adjust its said y physical change or additjans made at any tine by the Railway iw its tracks, or the facilities on, er it. 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 sate and efficient operation of the Railway's tracks or equipment thereon, that such work shall be subject at all tines to the approval el an sathorised representative of the Railway. 17. If Licensee be a municipality or a public or quasi public corporation' thew it agrees that no assessment er other charges of any nature whatsoever shall be levied er made against the Railway er against its property on aoeeunt of the installation er existence of Licensee's facilities st this Zonation. IS. Seth parties hereto agree that the provisions of General Specifications eve ftv* pages entitled, "Omi , SOCIUXU 'S 'CR PIPS CROSS/NOS wmuR TWACKS ACROSSAND Mi ll.N tiT'S RIM OP MIA! POUR NOI-RLAMM OLS SU STANQ$", attached berets and made a part hereof, shall apply to the work of and rights and privileges hereby given to Licensee. 19. It is further mutually understood and agreed by and between the parties hereto that said iWbgrade crossing installation shall be marked by the erection- s! a suitable monument legate. em each she of the Railways right of way, all is asssrdamss with Railways a said attasyed amoral 8pecificati4111. Page .) 20. It is further mutually understood and agreed by and between the parties hereto that Licensee will not bore, jack or tunnel under Railway's tracks without having a railroad watchman present at all times work,hereunder is being performed, if one is deemed to be necessary by the Railway's Chief Engineer; further, that Licensee covenants that it will include in any contract which it lets for the whole or any part of the said work to be performed here- under by or for the Licensee, each and every of the following terms and conditions of the two (2) pages attached hereto and made a part hereof entitled, "INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES", and, "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPA NY TO BE OBTA INED, KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR", XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX IIIXXXXXIXII IIXIIXXII IXI IXIXXXIIIXI IIXIXXI 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 and delivered in presence of: Florida Ea eCoast,.Railwa -Company. z&. 71-1W-;2-jar) President. VILLAGE OF TEQU STA, a municipal corporation of the State of Florida, / Witnesses as to Railway. BYII Wselu • b4C..\-q (seal) ,. �L� -.... Attests - -'_. (se I) / Witnesses as to Licensee. - Clerk. '1 ,• PAGE 4 INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at its cost and expense, shall obtain and keep in effect until acceptance of all of the work under this construction by Village of Tequesta insurance policy or policies in the limits of $500,000.00 each person injured or killed and $1 ,000,000 .00 each accident occurrence and $500,000.00 property damage directly by Contractual Liability Endorsement to Contractor' s General Public Liability and Property Damage Insurance Policies insuring Contractor against loss or damage to Contractor upon the indemnities and within the limits specified in the foregoing paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construction contract as aforesaid Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against the losses and damages but within the limits specified in the foregoing indemnity paragraph. All such insurance directly or indirectly for the benefit of Florida East Coast Railway Company shall be in form satisfactory to the Manager, Industrial Development and Real Estate of Florida East Coast Railway Company or its General Attorney and issued by a casualty insurance company authorized to do business in the State of Florida and having a "Bests" rating of not less than Four A' s or better. • INDEYNITY TO FLORIDA EAST COAST. RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES.' In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter. indemnify and save harmless Florida East Coast Railway Company from and against all suits, claims and judgments, and all loss, damages, costs, charges and expenses which Florida East Coast Railway Company may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor or any of the subcontractors, or both, such directly or indirectly under or pursuant to this construction contract, up to the total sums of money, as follows A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation on the generality of the foregoing description employees and officers of Florida East Coast Railway Company, employees and officers of materialmen employees and officers of the Contractor, employees and officers of all subcontractors, in the limits of $500,000.00 each person injured or killed, and $1,000,000.00 each accident occurrence. B. 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, all in the aggregate limit of $500,000.00. C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast. Railway Company occurring or originating during the first forty-eight (48) hours from (but excluding the first five minutes) any break in the continuity or other obstruction of passage of trains (directly or indirectly arising from the Contractor 's operations) upon said track or tracks as the case may be, of Florida East Coast Railway Company at or within one hundred feet of said location upon which the work is to be performed hereunder , the 'improvement, renovation, or repair of which is the subject matter of this construction contract, and also all ' expenses reasonably incurred by Florida East Coast Railway Company in and about the re-routing of its trains and cars to',, via, and from the lines of r� railroad of other railroad common carriers during the first forty-eight (48) hours following any such break in the continuity of said track or tracks as the case may be of said Railway Company at or within one hundred feet of said areas. FLORIDA EAST COAST RAILWAY COMPANY Office of Chief Engineer GENERAL REQUIREMENTS FOR PIPE CROSSINGS UNDER TRACKS AND ACROSS RAILWAY'S RIGHT-OF-WAY FOR NON-FLAMMABLE SUBSTANCES A plan and profile drawing containing all pertinent details for proposed crossing shall be submitted to and meet the approval of the Chief Engineer before installation begins. 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 crossing. Profile shall show pipe line in relation to actual profile of ground and tracks, proposed method of installation, and location of jacking pit from center of nearest track. Open cut method of installation through Railway's roadbed will not be permitted. When crossing is for a municipality or county, application shall be accompanied by a letter signed by an offi- cial of such municipality or county. I. GRAVITY SEWER PIPES OR CULVERT PIPES. A. Reinforced Concrete Pipe. Material Specification: Modified bell and spigot or tongue and groove in accordance with current A.S.T.M. Specification C76 class IV for railway strength pipe or current speci- fication for prestressed concrete pipe. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint Pipe Company Specification on SP5, or equivalent. Joints for bell and spigot and T. and G. pipe to be in accordance with current standard practice. Joints may be made using confined continuous rubber gasket. B. Cast Iron Pipe. Material Specification: For cover not greater than 8 feet, pipe must conform to current A.S.T.M. Specification A142 for "Standard Pipe". For cover in excess of 8 feet, pipe must conform to current A.S.T.M. ' Specification A142 for "Heavy Pipe". Joints: Bell and spigot caulked with lead and oakum, or an approved mechanical type. • - 2 - C. Corrugated Metal Culvert Pipe (Used under Secondary Tracks Only) . Material Specification: Pipe shall be of a manufacture approved by Railway and shall be fully coated and paved, and of proper gauge, as recommended by the manufacturer, for Cooper's E60 railroad loading and depth of cover for proposed installation. D. Polyethylene Pipe. Material Specification: Pipe shall be of a manufacture approved by the Railway and shall in all cases be placed inside a casing pipe. The casing pipe shall meet the specifi- cations of Section III A. and C. II. WATER PIPE. A. Internal Pressure Less Than 30 lbs. Per Square Inch. 1. Cast Iron Pipe. Material Specification: Pipe less than 36 inches in diameter and having cover less than 8 feet must conform to current A.S.T.M. Specification A377 or equivalent for Class 50 pipe. Pipe 36 inches in diameter or greater, or any pipe cover greater than 8 feet, must conform to current A.S.T.M. Specification A377 for Class 100 pipe. Joints: Bell and spigot caulked with lead and oakum or an approved mechanical type. 2. Steel Pipe. Material Specification: Current A.S.T.M. Specification A-120, Schedule 40. Pipe less than 24 inches in diameter to be galvanized pipe. Pipe 24 inches in diameter or greater, to be black bituminous coated. Joints: All joints must be welded or of an approved mechanical type. 3. Prestressed Reinforced Concrete Pipe. Material Specification: Current Lock Joint Pipe Company Specification SP-5 or equivalent. - 3 - 3. Prestressed Reinforced Concrete Pipe (Continued) Joints: Rubber and steel joints in accordance with current Lock Joint Pipe Company Specification SP-5 or equivalent. B. Internal Pressure 30 lbs. and Over Per Square Inch. 1. Cast Iron Pipe. Material Specification: Current A.S.T.M. Specification A377, or equivalent, and of the proper class required for the maximum pressure to be carried in the pipe line. Joints:• Bell and spigot caulked with lead and oakum or an approved mechanical type. 2. Steel Pipe. Material Specification: Current A.S.T.M. Specification A-120, for the class required for the maximum internal pressure to be carried in the pipe. Pipe less than 24 inches in diameter to be galvanized. Pipe 24 inches in diameter or greater to be black bituminous coated. Joints: All joints must be welded or of an approved mechanical type. 3. Prestressed Reinforced Concrete Pipe. Same as II A-3 above. III. CASING PIPE. A. Internal Pressure Less Than 30 lbs. Per Square Inch. 1. Casing Pipe is not required, but if used to facilitate installation of carrier pipe through roadbed, must extend beyond centerline of nearest track not less than 5 feet plus twice the distance from bottom of tie to bottom of pipe, but in no case less than 20 feet from centerline of nearest track. After carrier pipe has been installed in casing pipe, ends of casing pipe must be sealed around carrier pipe. If carrier pipe only is used, same clearances must be maintained for jacking pit. • ' - 4 - 1 B. Internal Pressure 30 lbs. and Over Per Square Inch. 1. Casing pipe iszequired and shall extend from right-of-way line to right-of-way line of the Railway; may be open at both ends if local conditions permit water from leaks to discharge into drainage ditch or manhole. If this is not practicable, the casing pipe shall be sealed at both ends and a 4-inch relief vent provided at either end off the Railway's right-of-way, which shall discharge into drainage ditch or sewer. Clearances for jacking pit same as described in III A - 1 above. C. Casing Pipe Specifications. 1. Casing pipe shall have a minimum inside diameter of six inches greater than the maximum outside diameter of the carrier pipe, including bell ends of flanges. 2. Pipe shall be in accordance with current A.S.T.M. Specification A-139 and shall be protected by a black bituminous coating in accordance with current A.R.E.A. Specification 1-4-13 for PROTECTION AGAINST CORROSION. Wall thickness shall be in accordance with the table below: DIAMETER THICKNESS (Inches) (Inches) 6 thru 16 1/4 18 & 20 5/16 22 & 24 3/8 26 & 28 7/16 30, 32 & 34 1/2 36 & 38 9/16 40 & 42 * 5/8 * For casing pipes of larger diameter, the casing pipe design criteria and specifications shall be submitted to the Railway for approval. IV. GENERAL. A. Casing and Carrier Pipe. 1. That portion of pipe, either casing or carrier pipe, extending through the Railway's roadbed and under its track shall be installed by boring- jacking method approved by the Chief Engineer of the Railway, but in no case may the nearest side of the boring or jacking pit be closer than 20 feet from the centerline of the nearest track. Remaining portion of pipe may be installed by open trench method. 2. Minimum cover 5 feet below the bottom of ties to top of pipe required for all pipe. 3. Backfill shall be thoroughly tamped in layers after pipe has been tested to pressure of 1-1/2 times maximum working pressure and found to be tight. - 5 - 4. Under-track facilities crossing the Railway's right-of-way shall be marked by the company or utility requesting the crossing and shall be subject to the following: A. The marker shall be of such construction as to be structurally resistant to damage by weather or any other reasonable abuse. * B. The marker shall be located on each side of the Railway's right- of-way directly over the crossing and shall be 2 feet 6 inches above existing ground elevation extending 3 feet 0 inches (minimum) into the ground. C. The following information shall be etched or stamped on the sign portion of the marker: a. Name of company using the crossing. b. Date crossing installed (Completion date) . c. Size and description of crossing, such as diameter of pipe and casing, weather-proof transmission cable and casing, etc. d. Depth below top of rail to top of item in crossing. * Marker will not be required when cable, pipe, etc. , is beneath highway or street at the Railway's right-of-way line.