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Home My WebLink AboutDocumentation_Regular_Tab 11_01/10/2006 VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: January 10, 2006 AMENDED MEETING DATE: � REQUESTED ACTION: Council consideration, approval and authorization to fund and pay for the rehabilitation of the FEC crossing at Tequesta Drive COVER MEMO ATTACHED: No RESOLUTION OR ORDINANCE NUIVIBER: 39-OS/06 ORIGINATING DEPARTMENT: Public Works DEPARTMENT HEAD APPROVAL : FUNDING SOURCE: 2005/2006 BUDGET ACCOUNT NUMBER: 303-399-663.690 AMOUNT OF THIS ITEM: est. $146,640.00 BUDGETED: NO BUDGET TRANSFER REQUIRED: YES INTERFUND TFR REQUIRED: YES APPROPI2IATE FUND BALANCE: YES SUMMARY: Council consideration and approval of Resolution 39-OS/06 authorizing the Village Manager to provide a letter to the Florida East Coast Railway, L.L.C. (FEC) against which the FEC can bill the Village for work related to the rehabilitation of the FEC Railway crossing on Tequesta Drive; appropriating unreserved fund balance in General Fund #001, increasing the 2005/2006 General Fund Budget by $146,640 and authorizing the transfer-out of these funds to the Capital Project Fund #303 to fund the rehabilitation of the �FEC crossing. APPROVALS: __ � � r -______ . ' � ` FINANCE DIRECTO�- _. :�t � �; �,_ � ( �: � -- �,�— ,� . �,. VILLAGE MANAGER � � -�-_ => „� � ��-�� — VILLAGE ATTORNEY (if Needed) Yes x No PLEASE RETURN TO VILLAGE CLERK TO PLACE ON THE AGENDA RESOLUTION NO. 39-05/06 A RESOLUTION OF THE VIL7�AGE COUNCIL OF THE VILLAGE O�' TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PROVIDE A LETTER TO THE FLORIDA EAST COAST RAILWAY, L.L.C. (FEC) A�AINST WHICH T8E FEC CAN BILL TAE VILLAGE FOR WORK REI,ATED TO THE REHABILITATION OF THE FEC ftAILWAY CROSSING ON TEQUESTA DRIVE; APPROPRIATING UNRESERVED FUND. BALANCE IN GENERAL F'UN� #001, INCREASING THE 2005/2006 GENERAL E'tIND BUDGET BY $146,640 AND AUTHORTZING THE TRANSFER-OUT OF THESE b'OND$ TO THE CAP�TAL PROJECTS FUND #303 TO F[JND THE REHABILITAION OF THE FEC CROSSING. WfiEREAS, the Village of Tequesta.has received an estimate for the rehabilitation of the grade crossing on Tequesta Drive, Milepost 2$1+4,096' FDOT#272373Y from the Florida East Coast Railway, L.L.C. dated December 12, 2005, and WHEREAS, the Village of Tequesta has agreed to pay for any such rehabilitation in a fu11y executed License Agreement dated October 26, 1989 between FEC and the Village of Tequesta, which agreement is still in effect, and y�1FIEREAS, the Florida East Coast Railway, L.L.C. (FEC) has requested that the Village provide a letter of authorization against which they may bill the Village for work to rehabilitate the crossing, and y1HEREAS, the Village understands that the amount outlined.in the estimate and the actual cost might be different and that the Village is responsible and will be billed for the actual costs associated with the project, and WHEREA.S, this project was not budgeted in the 2005/2006 Budget, and WHEREAS, there are no excess funds availabte in the Capital Projects Fund #303, requiring a transfer of funds trom General Fund #001 to the Capital Projects Fund #303.to fund the project, and WHEREAS, this will require appropriating $146,640 from Fund Balance in General Fund #001. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: SECTION 1: The Village Council of the Village of Tequesta, Palm Beach County, Florida, authorizes a letter be sent to the Florida East Coast Railway, L.L.C. (E'EC) against which the FEC can bill the Villaqe for. work related to the rehabilitation of the FEC Railt�ay Crossing on Tequesta Drive; appropriates $146,640 of unreserved Fund Balance in General Fund #001 increasing the 2005/2006 General Fund Budget and authorizes the transfer-out of these funds to the Capital Projects Fund #303 to fund the rehabilitation of the FEC crossinq and authorizes the Village Manaqer to proceed on behalf af the Village. TAE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: � FOR ADOPTION A6AINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this day of , A.D, 2006. MAYOR OF TEQUESTA Jim Humpage ATTEST: Gwen Carlisle Village Clerk ff� - �iecei��ed � Flor�da East Coast RAI LWAY, L.L.C. aEC 19 2(�5 December 13, 2005 �/i.fl�tq� ��-'� �� File: 281/39/4096 VILLAGE OF TEQUESTA: GRADE CROSSING REHABILITATION TEQUESTA DRIVE, MILEPOST 281+4,096' — FDOT# 272373Y NOTICE OF INTENT TO WORK Mr. Gary Preston Public Works Director Village of Tequesta 250 Tequesta Drive � Tequesta, Florida . 33469-0273 Dear Mr. Preston: This is a follow-up to my letter of November 14, 2005, listing the crossings scheduled for rehabilitatiori in the year 2006. The ride quality for both railway and highway traffic over the above-referenced grade crossing has declined to the point of requiring rehabilitation. In order to restore acceptable levels of surface conditions for both highway and railway traffic, we intend to perform this work beginning January 28, 2006. In accordance �vith the terms of the agreement dated October 26, 1989, the cost of the rehabilitation is the responsibility of the Village. The costs to the Village are as outlined in the enclosed estimate. It should be noted that this is an estimate only and all charges for which the Village is responsible shall be billed on an actual cost basis. Also, the estimate includes amounts for maintenance of traffic and asphalt work. In the event the Village can provide these items more economically than FEC, it is acceptable that the Village arrange for this work directly. Please review the enclosed estimate and if acceptable, please aclrnowledge this letter by providing a letter of authorization against which we may bill for this work. Your prompt attention to this matter would be appreciated. In the interim, our Roadmaster, Mr. Kenny Robinson, will be in contact to coordinate the scheduling of the work. I do not have control over the billing however I realize you did not budget for this work therefore at your request, I believe our Finance/Accounting Department will cooperate with the Village and set up a payment plan or defer a portion of the billing until October 1, 2006. You may contact ;�4r. Alex Coggins, Manager of Revenue Billing & Collections at (904) 819-2146, to discuss payment options. Otherwise, if you have any questions in this matter, please do not hesitate to contact me at (904) 826-2383. Sincerely, f , . ,; ..: � ��- �;;: . ..�.�...., .. : :. _- _ _ _ 3�oseph L. Schonder Manager - Engineering Services cc: Mr. G. E. Clegg - Please collect all charges in this matter to (Number not assigned) Mr. A. G. Fowler -(w/o enclosure) As information. Ms. Erica Corrigan - Copy of the estimate attached for your accounting. Ms. Kathy Lowe —(Number not assigned) Mr. Alex Coggins One Malaga Street • P.O. Box 1048 • St. Augustine, FL • 32085-1048 FLORIDA EAST COAST RAILW;�Y CO�IPAhl' I I/08/0� SAINT AUCI!STINE, FLORIDA TEQUESTA: REHABILITATE EXISTING TYPE 7'-h10DIF(ED CRADE CROSSlNC 1'EQUESTA DRIVE, �1P 281+4,096' - FDQT # 272373Y FlLE: 281/39/4096 CROSSING DESCRIPTION PAVING DESCRIP'f10N Length of Crossing Surface: 134 Tf Width (Across Road) 134 Ft Number of Tracks: I Ea Length (Along Road) 80 Ft Length of Track Panei: 174 Tf Projected Lift 3 In AGREEMENT DESCRIPTION GANG DESCRIPTION Responsible Party: Village of Tequesta 3 Fort Pierce Section Agreeme�t Date: 10l26/89 14 Fort Pierce Smoothing Division of Responsibiliry 0 Crane Encase Fiber Optic Cable NIA 3 Loader MaintenanceofTrafTic Village � . Crossing Surfacc Village Traek Materials Viflage Track Construction Village Paving Village Overtime N/A COST RECAPIT[1LATION 10.00% Responsible Track & Civil Work item Labor Equipment Material Contract Contin�encv Total P� Encase Fiber Optic Cable n/a n%a n/a 0.00 0.00 0.00 N/A btobilizatioo/�taterial Consolidation 1,75117 2,381.40 n/a n/a 467.33 4,600.00 �'illage Construct Track Panel 3c Place 1,844.37 3,023.25 8,499.08 n/a 1,433.30 . 14 Village Maintenance of TrafficlPolice Protection n/a n/a n/a 11.360.00 l,140.00 12.SOU.00 Village Remove Crossing Surface 1,966.59 _ 5,714.10 n/a n/a 819.32 S,i00.00 Village RemoveJReplace Structure 3,432.23 8,778.40 n/a 0.00 1 �39.37 13,500.00 Village Line & Surface Track 717.28 755.88 11,430.12 n/a 1,296.72 14,200.00 Village Replace Crossing Surface, As Needed 3,933.17 11,428.19 18,02 L49 n/a 3,417.15 36,800.00 Village Place Asphalt 168.50 5�1.a0 n/a 31,155.00 3,222.10 34,600.00 Village Site Cleanup 570.79 789.60 n/a n/a 134.61 L500.00 Village O�•ertime Charge for Weekend Work n/a n/a nla n/a OAO 0.00 N�A ------�--- -°------- ---------- ---------- ---------- ---•°---- Totals: 14,334.I9 32,925.22 37,950.69 42,515.00 13,224.90 141,000.00 TOTAL TR4CK & CIVIL PROJECT COST: 1J1,000.00 1,0�2.24 $/Ft ENCINEERING & SliPER�7SION: 5,640.00 TOTAL PROJECT COSTS: 146,640.00 COST TO BE BORNE BY VILLAGE: 146,640.00 NOTE: THE A60VE 15 AlY ESTI�[ATE OtiLY, ALI. CH.4KCES �VILL BE B.�SED O� ACTQAL COST ; � VILLAGE OF TEQUESTA '� Post O�ce Box 3273 • 357 Tequesta Drive Tequesta, Florida 3:i469-0273 • (407) 575-6200 ' ` ' FAX: (407) 575-6203 M y . • October 27, 1989 Mr. W. S. Stokely Chief Engineer Florida East Coast Railway.Company One Malaga Street St. Augustine, Florida 32084 RE: License Agreement with Village of Tequesta Dear Mr. Stokely: Enclosed herewith, please find the following: o Fuily executed License Agreement dated October 26, 1989 between FEC and the Village of Tequesta. o A certified copy of Village of Tequesta Resolution No. 2- 89/90 approving the Agreement arid authorizing the Village Manager to execute the same. o Village of Tequesta Check No. 23909 in the amount of $60,013.00 pursuant to Section 17 of the Agreement. We look forward to cooperatively completing all remaining aspects of the Tequesta Drive Improvement Pro,ject involving FEC. Additionally, we ask for the cooperation of FEC with Palm Beach County, Town of Jupiter and ourselves as we move toward the completion of all pre-construction activities relative to the Cypress Drive Drainage Project which will have a beneficial effect upon FEC properties. Very truly yours, / �, � � �- Thomas G. Bradford Village Manager TGB/mk '�ttachments cc: Wendy K. Harrison, Administrative Asst. to the Viliage Manager � f _ RESOLUTION NO. 2- 89/90 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, P.ALM BEACH COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY FOR THE GRADE CROSSING AT TEQUESTA DRIVE. WHEREAS, the Village of Tequesta desires a formal license agreement with the Florida East Coast Railway Company to ( � goverr� the railroad crossing at Tequesta Drive, and WHEREAS, the FEC Railway has approved the Agreement attached � hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Tequesta, Fiorida, as follows: Section 1. The Village Councii of the Viilage of Tequesta adopts and approves the Agreement attached hereto and incorporated herein. Section 2. That the Village Manager is hereby authorized to execute said Agreement and directed to forward same to FEC Railway. THE FOREGOING RESOLUTION was offered by Councilmember Earl L. Collings , who moved its adoption. The Resolution was seconded by Councilmember k'illiam E. Burckart , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Jose�h N. Capretta Edward C. Howell Ron T. T4ackail �Villiam E. Burckart Earl L. Collings The Mayor thereupon declared the Resolution duly passed and adopted this Z6th day of October, 1989. Mayor of Tequesta � �� ;.�_, J eph N. Capret�a ATTEST: THIS LICENSE AGREEMENT, to be effective from the 2��ay of ��-- , 1989, is between the FLORIDA EAST COAST RAILWAY COMPANY (Address: Post Office Drawer 1048, St. Augustine, Florida 32084), a Florida corporation, hereinafter called "RAILWAY" and VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida (Address: P.O. Box 3273, Tequesta, FL 33465), hereinafter called "SECOND PARTY". WITNESSETH: That the RAILWAY for valuable consideration and the covenants and agreements herein contained to be performed and kept by the SECOND PARTY does hereby give and license unto the SECOND PARTY the right and privilege to use, for public at-grade road crossing purposes only, that part of the right-of-way and property of the RAILWAY at�the location described as follows, and hereinafter referred to as the �'crossing site": See Exhibit "A" Attached Hereto. +� » .� � TO HAVE AND TO USE the crossing site for the term provided in Paragraph 2, or until terminated as hereinafter provided. The status of the SECOND PARTY is that of a licensee and not lessee. It has the right to use the crossing site as specified herein, but legal possession of the crossing site shall remain with the x�zLwAY. In consideration of the granting of this Agreement by the RAILWAY, the SECOND PARTY covenants and agrees with the RAILWAY as follows: 1. That the crossing site shall be used for public at-grade road crossing purposes only across the RAILWAY's right-of-way and tracks, and except herein provided, no pipe, wire, rail, or other line or structure shall be placed in or on the crossing site without the previous consent in writing of the , RAILWAY. SECOND PARTY further agrees that �he crossing site, together with the additional portions of the RAILWAY'S right-of-way within 325 feet of the northerly and southerly limits of boundaries of the crossing site, will at times be kept clear of any vegetation or other growth greater than two feet in height on each side of the tracks at the expense of SECOND PARTY and without cost to RAILWAY or lien upon RAILWAY's property. 2. This Agreement is for the term of one (1) year, if SECOND PARTY holds over and remains in possession after the expiration of such term or of any renewals thereof, this Agreement shall be considered as renewed unless sixty days' -2- written notice of the termination of same has been or is given by the RAILWAY and shall continue in effect from year to year, subject to the same terms and conditions as herein contained. 3. The provisions and stipulations of this Agreement are a part of the considerat3on of the licensing of the crossing site, and in the event the said SECOND PARTY shall fail to comply with any of the covenants and conditions, then this Agreement shall be void and shall terminate with full right on the part of the RAILWAY to reenter, repossess, and remove the crossing if it shall elect to do so. 4. The SECOND PARTY hereby grants unto the RAILWAY necessary permits for the installation, construction, erection, repair, and maintenance of any of the RAILwAY-owned or maintained facili�ies described in this Agreement. If SECOND PARTY fails to promptly grant the RAILWAY necessary permits for repair or maintenance of its tracks or facilities on or about the crossing site, SECOND PARTY shall bear all additional expense incurred by the RAILWAY attributable to such failure, including costs due to slow ordering of trains SECOND PARTY shall promptly pay such amounts upon rendition of appropriate billing by the RAILWAY 5. Unless otherwise specified, the cost of installation, construction, maintenance and replacement of all facilities at the crossing site, including but not limited to the crossing structure and railroad and highway devices whether performed by the SECOND PARTY or RAILWAY shall be the sole responsibility of the SECOND PARTY. Further, one-half of the cost for annual -3- ; maintenance of the railroad devices as defined in Paragraph 8 ; � shall be the responsibility of the SECOND PARTY The RAILWAY ' � may, at its option, perform such maintenence and replacement work � and bill the SECOND PARTY directly for costs thus incurred that are the responsibility of the SECOND PARTY Costs for annual maintenance of the railroad devices, shall be the costs for one .set of Elass III, Type IV signal cievices in the total amount of $980.00 per year. The RAILWAY will install the necessary signal devices at the sole cost of the SECOND PARTY Installation costs are estimated to be $88,926.00 as shown on the estimate for signal installation attached and incorporated by reference. 6. The RAILWAY shall replace the existing 74' wide Type "T" modified grade crossing with a 104' wide Type "T" modified crossing structure in accordance with Florida Department of Transportation Standard Specifications for Road ana Bridge Construction, Index No. 560 (hereinafter r.eferred to as "STRUCTURE") at the sole cost of the SECOND PARTY. Said cost is estimated to be $31,100.00 (see attached estimate, incorporated by reference). When the RAILWAY determines that the replacement of the new STRUCTURE is more economical than its continued maintenance, the RAILWAY shall have the exclusive option to replace the STRUCTURE with a comparable or improved facility. The replacement, repair and maintenance costs of the new structure shall be the sole responsibility of the SECOND PARTY. The SECOND PARTY shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY's right-of-way, plus -4- S any paving which may be located between the ends of the ties. � The RAILWAY shall provide a flagman at said crossing site while work is being performe3 by the SECOND PARTY under the provisions of this Agreement, at the total expense of the SECOND PARTY 7. The SECOND PARTY agrees, acknowledges and understands that the RAILWAY reserves the right to make any changes at any :future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track, or tracks or other facilities on its right-of-way at the crossing site. The SECOND PARTY agrees to bear the total expense of any changes or additions to the pavement, railroad devices other railroad signalization"equipment, and crossing structure at the crossing site whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the SECOND PARTY. g. The RAILWAY shall maintain and replace flashing lights, bells and gates, referred to jointly as "railroad devices" at the crossing site 5ECOND PARTY shall pay unto RAILWAY one-half the annual cost of maintenance of said automatic crossing protection devices as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES as may be amended; said sum for annual maintenance currently being $980.00. The aforementioned railroad devices are owned by the RAILWAY, and shall remain at the crossing site until it is agreed between the parties that the railroad devices are no longer needed or other legal requirements -5- are imposed which shall eliminate or substantially change the operation of the railroad devices. 9., The SECOND PARTY agrees that it will install, maintain i � and replace all necessary drainage facilities to prevent the � � accumulation of surface water due to the existence of the crossing site. Such facilities must first be approved by the RAILWAY and any other governing bodies having jurisdiction thereof and operation of the facilities shall also be subject at all times to their approval. An additional license agreement may or may not be requirea by the RAILWAY, depending upon the type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. 10. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossings shall be installed, maintained, and replaced at or near this crossing site by the SECOND PARTY. 11. The SECOND PARTY further covenants to pay, either directly or upon bills presented unto SECOND PARTY by the RAILWAY within thirty (30) days after presentation of the same, all bills for electricity for the lighting and illumination of the crossing site. 12. At the termination of this Agreement for any cause, or upon termination of the SECOND PARTY's use of the crossing site as herein described, the SECOND PARTY shall remove, at its entire cost and expense, said road and all non-RAILWAY owned improve ments placed upon the RAILWAY's right-of-way and restore the -6- � � ground to its original condition. 13. SECOND PARTY shall indemnify and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements ; installed on or within two hundrec3 (200) feet of the crossing site arising out of the existence of the crossing site. aN� �� action that will ,� , 14. The SECOND PARTY shall not take any � prevent or tend to restrict the operations of trains over the � crossing site. ; 15. The SECOND PARTY will include in any contract which it 3 may let for the whole or any part of said work to be performed � hereunder by or for the SECOND PARTY each and every of the following terms and conditions of the two pages attached hereto and made a part hereof entitled "INDEMNITY TO THE 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 COMPANY TO BE OBTAINED, KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR." 16. SECOND PARTY shall give the RAILWAY one (1) week's advance notice when the SECOND PARTY or its contractor or anyone claiming under this Agreement proposes to enter upon the crossing site to perform work under this Agreement in order that proper warning may be provided for trains; except that in emergency situations SECOND PARTY shall only be required to give the RAILWAY such advance notice as is practicable under the circum- -7- � ,� stances The SECOND PARTY further agrees that at all times that its personnel are on the property of the RAILWAY they will be accompanied by a RAILWAY representative and any cost involved will be borne by the SECOND PARTY 17. Prior to RAILWAY incurring any expense in connection with the installation, maintenance, replacement, repair, or otherwise, of the,facilities at this crossing as provided for in this Agreement, RAILWAY shall provide SECOND PARTY with a detailed estimate of the costs of such work. Upon receipt of such estimate, SECOND PARTY shall pay to RAILWAY one- (1/2) the dollar value of the total amount of the estimate prior to RAILWAY commencing any work at this crossing. Upon completion of the work SECOND PARTY shall promptly pay RAILWAY the total balance due and owing. Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the SECOND PARTY and shall enable RAILWAY to terminate this Agreement as provided for in paragraph 3. 18. After the crossing structure portion of the crossing site has been installed and the railroad devices have been installed and all other work to be performed by the RAILWAY under this Agreement has been completed and found to be in satisfactory working order by the RAILWAY the RAILWAY shall furnish to the SECOND PARTY a statement showing the total cost of material, labor and equipment furnished by the RAILWAY which statement is agreed to be prima facie reasonable, and said cost to the SECOND PARTY being hereby estimated to be $i�fr;8�fr�fr8- as shown by the � {20�02lo,Ob % �":�� .o �.E—�f -8- 3 estimates of the RAILWAY's Engineering and Signal Departments, which are attached to this_Agreement and by this reference made a part hereof. 19. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the crossing site shall be the sole responsi- bility of the SECOND PARTY, and at its sole expense. 20. The SECOND PARTY . is specifically notified that its personnel will be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities. However, if a cable or other facility is damaged or cut, the SECOND PARTY agrees to indemnify RAILwAY, to the extent permitted by law, for any morietary damages which may result. The SECOND PARTY will secure insurance to cover this obligation as provicled for below. 21. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 22. This Agreement will be governed by the laws of the State of Florida. It constitutes the complete and exclusive sta�ement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. -9- 23. The SECOND PARTY agrees to maintain a general liability master insurance policy having a combined limit of $3,000,000.00 for personal in�ury, death and property damage per occurrence, insuring the RAILWAY against claims arising from accidents related to the use of the crossing site. The RAILWAY has advised the SECOND PARTY that it maintains a general liability master .insurance policy covering such incidents and the SECOND PARTY may participate in that policy by reimbursing the RAILWAY for its pro rata share of the premium or the SECOND PARTY may provide a similar policy with the same limits with an insurance carrier acceptable to the RAILWAY, insuring the same incidents. Such insurance shall remain in force and effect during the entire period that the crossing site is open pursuant to this Agreement. -10- IN WITNESS WHEREOF, the RAILWAY and the SECOND PARTY have each caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicate the day first hereinafter written by their undersigned officials thereunto lawfully authorized. :Signed, sealed and FLORIDA EAST COAST RAILWRY delivered in the COMPANY, a Florida corpor�tion presence of: , ;, �:--T-i�t�='l.C_�� :�; - l�'f �-t-_;}°`��-�; B : ( SEAL ) � President � � �..-- , ' - ATTEST : ` - " � Witnesses as ,� Railway Assi nt Secretary DATE • `"�` �' j' --�� VILLAGE OF TEQUESTA, a municipal corporation of the State of � Florida � ` `..�� !/✓�� J • � ,� . � BY • -�`�""'� TITLE • �''i�� ' f �� ATTEST : ' Witnesses as o � B . �� Second Party TITLE : /r�c.�no<<, � SiSf�i+n,�' DATE : �� 2 � — 8 � -11- . LICENSED AREA DESCRIPTION A parcel of land with uniform width of 100.0 feet northerly and southerly, extending easterly and westerly across the right-of-way and main track of the Railway at Tequesta, Florida, _ with longitudinal centerline located 4,096 feet, more or less, southerly from the Railway's Milepost No. 281, as measured from : Jacksonville, Florida. Said right-of-way of the Railway having a total width of 200.0 feet at this location, being 100.0 feet in .width on each side of the Railway's main track. All as shown colored in orange on the attached Plan 550 (M.P. 281 + 4096)'.dated January 27, 1989, attached hereto and made a part hereof. EXHIBIT "A" % � %�� ;;�� ,� , _;_ l�__ r _ __--BO-'------- -- ..---�-- � j! � i�� i I � � � , �, ` ' � 3 W/DEN EXJS ; ING 74 ' W/DE T YPE "T " MODlFIED GRADE CROSS/NG TO /04' l i � �' ' � ;;z� 1 z i �� W � � �' a IW � ( � W z /� I�> o I o ��v ,f � i � ; �� ' ;' ---�� -- �- ---- -- �._ __.__ _ 'NSTAi_L^SIGNAL s ' ------� i � ^ . �'� � i % �----- i % � , ;� L_..L�_ . � 2r,� R ar` --r—� � - � . . _ � ------ _- : � - � _ _ t � -,--. � MAIN ; -- ---- � . ; � _ � _ :..�. . . _ ... . � ..� _�_'_�. _ _ " "_ __-'_ "_� _'_.�.��__�_�___�._� . _ "_." __ ___� �L.� - ��- _��'�._� _ '_'_ . _. ' ^;------ �..----�----. ___ Y__ ��LOCA TE l2' PAN L __ ----' lNSTALL S/GNALS ; �. - - - - ----- -- ----- ------ --- --- -� _ __—;i—. _------- �1.-__ TO ,MIAMI _..- - � i I �.^.�' � -:� ' ' '� i � � �� -� - � - ---� 1 ' ; : � .�EL UCA TE EX1S TING SlGNAL �.1:_� i (; � � �;.�� ------------- - ---- -- - I r ' � - - �,' � �`;' � - - - - -- —_ FaER _OPT/C CABLE_ ___ __ _ - _ _ _ __ --.�— _� -_-_.--.- -__ _----------------_ _- � ' i ...__�--_�__._ � --�--r--- - � , i ENCASE 24' OF FIBER OPTIC CABLE - � �. �--- ---- ---- --- -- --- ---------- ------ -I-�---- --� . r __ _ -_ � �� I � , i 3 i f . �` � � �� i Oi ��' I � �� F'LOR I DA EAST COQST RAI LWAY CO. ? �� y f � I G : Z i � OFFICE OF CHIEF ENGINEER ST. AUGUSTINE. FLA. 3 ;�, O Z I I � I I� O �' P�l . 9LlC GRADE CROSS/NG _A T TEOUESTA JR _ � � W � � ; � � I � __--_ - -- - -- --- -----___ _ __-- - �� _______ - - - ----------- _ _ __---- __ ___. � � � ,R; W ---.-. ��UESTA, .FLORIDA — _ . _ -- � n pC ; DRAWN BV yJ_ W. .�-.._-_ .- 1 { - M--P._lOC__�YI!�Qd_4L.-----.. I._SCALE 1 " � ZO•-'- . CHECKED 6Y I VAL. MAP. ' DA7E ��ZT�Q��--�-_.- —�---•------�--�- ----- ---..._.__..__-----._..._.....--._-.....--•--'--`---'--�--.. FILE Nu 55 - 71�P 81.4096' ; DWG. NO. t Form 923 (Rev.5-22-6° FL.ORIDA E�1�•T COA�T RA(LWAY COMPANY . l,. f. E. No. _ � , Sheet No. j "t -----...�' � 550-MP281+4096 DET�AlLED ESTIMATE F ''` "°. E-89284—W Referenca CHIEF ENGINEER AUGU5T 2 19_ Office of St. Augustine, Florida. Oate Location ond Description of Project: Estimated cost to remove and replace.existinq 74' wide Type "T" Modified grade crossing and widen ta 1Q4', Iocated at MP281+4096'. CROSSING WORK . Remove and replace 74' w,ide Modified $ 4�g�6.50 Type ��T crossing jI.250.00 Install 30'. of T�pe "T" crossing y,p00.00 Cost of pavement 2,�60.00 Encase 46' of fiber optic cable 5,000.00 Maintenance of traffic 1,000.00 Enqineering & supervision 1I3.50 . '& contingencies -- TOTAL CROSSING WORK $ 31,I00.00 SIGNAL WORK $ 88,926.00 ' See detail on attached sheet TOTAL ESTIMATED COST $120,026.00 COST TO RAILWAY — 0— TO BE PAID BY CITY OF TEQUESTA $120,026.00 __-------'-- ,_ � A__ ....1 � , 1 . � .� .' ESTIMATED COST FOR THE INSTALLATION CRO5SING PROTECTION DEVICES FOR TE UESTA DRIVE, FEC MP 281 + 4096 ..... .........12,000.00 ' 3 gate assemblies ........................... : .... ....1,T10.00 � 3 gate foundaCions ..............................•.....• ... ....18,000.00 1-45'b 1-36' cantilever with lights.... •••.�.�.�. .�..,.11,000.00 case typical �3A. .... .•.... � ....1,800.00 Factory wired .. ' ............... ntilever •••' .300.00 ete for ca •••.••••.•.•• Concr ..................... Conduit ......................................' ...........3,5 ... Ca�tle .................................. ....,............. ............ Battery .................. ... . .......... 270.0 • , ...... .......... ..... Battery box ................. .........1,500.00 ................ � _ Special relay equipment..........• .... .....,..500.00 � Miscellaneous small items.....•••••••••••" " " " .............8,596.00 Freight and taxes..........•••••••••••• " " " ' ..�.21,600.00 ........ ..... .............. ....4,200.00 .... Labor ................... .,.................... ...... Gang expenses ............... .. . .00 .............. .........500 RenCal of equipment....... ...•.•. . ...........300.00 Contingencies.... ............. ..... ........ .. .. ... ... ...........................$88,926.00 � TOTAL .... ....... ...... FLORIDA OF A SUPT O SIGNA I & w COMMUNI CATIONS OFFICE ST. AUGUSTINE, FLORIDA 3A13UARY 31, 1989 � , � . . .. � ;`;:i , wT�oN � STATE �F Fp�VISION•OF ROAU O►[I�AT�IOHi � KORM 7xZ•1• F•» • RAILROAD GRADE CROSSING�TRA�FIC CONTROL DEVICES • YAG[ I OF 1 COUNTY NAM! rARClL R pIW J NO• r A' NO. SECTION UTILITY JOB NO. STATE ROA�� , L � ,� i` A6ENCY � �` I • :� , FLORIDA EAST CQAST, RAILWAY CQMPAt'IY. � A. 1�a DESCRII'TION & LOCAT[ON: — B, TYPE OF ROADWAY FACII.I'fY: �� y1LE POS'1' 7'IE: �, i� UOT/AAR XING No.: � INDEX: D. TYP� SiGNALS PROPOSED: CLASS SCHEDULE OF ANNUAL COST �� CONTROI. DEVICES HIGH�4IAY GRADE CR05SING TRAFF � . Anmial Maintenance Cost Exclusive of Ineiallati�n pST" C 1.)E5CR1C'1'lUN � I C1.ASS . l� ' $ 650.00 —^ Flasliin� Signals - One 1'rack � g60.00 � I � � Flashin�; Si�nals - Multipi� Tracks ( I $ 980.00 � Flashin� Si�nals and Gatcs - One Track 1V Fiashin� �+�, �l�ls and (�atcs - Multiple Tracks $1,230.0 ''"Lffective February 3,1971 �. 1? O l h•�G.02 .. 1�I�1V1� RU1. . ��!'1'1lUti,1" : N I.UIi.IDA ADRIIN(S t !tr I�r„Nonsibility for11F� ��. Coc tro1 Grade Cro�.s � F.FFE(:'1'IVF: UA'I'E: Fchrulry 3, 1�)?1 (;L•'.Nl:1tAL r1U'I'EIUKI'1'Y: '�0.(15, I'•5• �p(�,CII�'1( L�1W I�1Pl,I�.A11�N'1'L1.): ,33ii.`�I, F.S. �, 1 >1 :i � INDEMNITY TO FLORIDA EA5T COAST RAILWAY COMPANY AND CONTRACTUAL .� LIABILITY.ENDORSEMENTS TO CONTRACTOCIESPDURINGLSUCHLINDEMNITIES PROPERTY DAMAGE LIABILITY INSURANCE POL In further consideration of the sums of mOexecutionnandgdelivery be paid to the Contractor, the Contractor by hereof, agrees that it shall and W ida East Coast indemnify and save har ud e mentse F and all loss, damages, costs, i from and against all � 9 or in an wise be �: Y _ charges, and expenses which it may suffer, sustain, , subjected to on account of or occasioned by the operations, whether � or not negligent, o� the Contractor, °under,�fo hepursuantra�t�ors�his � . both, whether directly or indirectly y construction contract, up to the total sums of money, as follows: -. rsonal in�uries, loss of income or � p,, On account of death, pe � earning ability of any person, including without limitation upon the ;_ it of the foregoing clescription, employees and officers of 3 general y em lo ees and officers of Florida East Coast Railway Company, P Y materialmen, employees and officers of the Contractor, emp 000e00 each officers of all subcontractors in the limits of 51,000, person in�ured or killed, and $2,000,000.00 each occurrence. ur and loss of use of any real or g, Loss, damage, inj y ersonal property (a) in which Florida East Coast Railway Company has ersonal property in the custody of any ownership interest, and (b) p trans ortation Florida East Coast Railway Company under a enerality p of the contracts; including without limitation upon tmentgcommonl described Y two foregoing enumerations, all railroad equip re ate as rolling stock and the contents of the same, all in the agg 9 limit of $2,000,000. C, Loss, injury, decline in market value or deterioration in uality of any perishable merchandiseo�i inatingt�duringElthedafirst q Coast Railway Company occurring or the first five (5) forty-eight (48) hours from, but excluding, assage minutes any break in thercoindirectlyr arisingbsfromtthe Contraiorida directl o of trains, Y operations, upon said track or tracks, as the case may be, ° feet of East Coast Railway Company at or within one hundred (100) the said location�upon which the work is to be performed hereunder, im rovement, renovation, or repair of which is the subject matter of P this construction contract, and Com an11inXandSaboutathearQroutingrof by Florida East Coast Railway P y hours its trains and cars to, via,-and fromhehefirstsfortyaeighta(48� other t railroad common carriers during at or following any such break in the conaiEastyCoastaRailwaykCompanyCks as the case may be, °f feetFofrsaid areas. within one hundred (100) INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO ' BE OBTAINED AND 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, insurance policy or policies in the limits of $1,000,000 each person in�ured or killed and $2,000,000 each occurrence and $1,000,000 property damage per person and $2,000,000 property damage each occurrence 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 concurrently extended to the Florida East Coast Railway Company and within the limits specified in this 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 losses and damages but within the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expense, maintain a Workman's Compensation Insurance Policy as available in the State of Florida. All such insurance, directly or indirectly for the benefit of the Florida East Coast.Railway Company, shall be in a form satisfac- tory to its Manager of Insurance and issued by a casualty company/insurance company ��authorized to do business �in the State of Florida that has a"Best's" rating of A or A+ and a financial category size of Class XII or higher.