HomeMy WebLinkAboutHandouts_Workshop_Tab 03_11/03/2014 Telfrin, Debra
From: Brennan, Abby
Sent: Monday, November 03, 201410:53 AM
`��' ' Couzzo, Michael
��: Teifrin, Debra; McWiliiams, Lori;'kedh�cwd-legat.com'
Subject: Jupiter Councii Discussion Document
Attachmer�ts: JupiterCouncihAAF discussion memol0-31-14.pdf; VOT Resolution 12-14 4-10-14.pdf;
FECR Crossings - Dr�tft Letter Agreementpdf
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FORWARD TO COUNCIL
Michael,
,^_.. In accordance with our conversation this morning, attached is the document that Jupiter Town Manager
� �1ndy Lukasic is presenting to Jupiter Town Council tomorrow evening, November 4, 2014. Andy is
��asl�ng direction from Council for how to proceed in compiling a response to the Draft Environmental
Impact Study (DEIS), regarding All Aboard Florida (AAF). Our Council has previously been forwarded a
copy of the DEIS. The response to the DEIS must be forwarded by the end of the week to the Treasure
Coast Regional Planning Council (TCRPC).
My report about AAF on tonight's Tequesta Council Workshop agenda was intended to bring Council up
to date on the subject of the DEIS and the two FRA informational meetings I attended last week in West
Palm Beach and Stuart. The Village of Tequesta's position concerning AAF was clearly defined in
Resolution 12-14 of the Apri110, 2014. After discussion with Council this evening, it was my intention to
refer back to each item in the Resolution in crafting the Village's response to the TCRCP. A copy of the
Resolution 12-14.
The attached report includes the work of Andy's staff, the town attorney and independent engineers on a
myriad of specific issues that are included and, dissapointingly, not included in the DEIS. Portions of the
information contained in the Jupiter report are directly related to Tequesta, including egress from the
Tequesta peninsula on Tequesta Drive and Riverside Drive, references to operation of the Loxahatchee
River Bridge and water and utility lines under and along the right-of-way.
The document is most helpful in summarizing details that, without our own staff, engineers and attorney
being dispatched, help balster our ability to respond to TCRPC. In addition, there is mention of the new
�, grade crossing agreement between the Town of Jupiter and Florida East Coast Railways, which now also
�,,, � includes AAF. We have a similar document for Tequesta Drive that must be presented and discussed by
' Council in the near future. Only one municipality along the corridor has signed the agreement and none
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between West Palm Beach and Cocoa. Since there is no green light from the Federal Railway
Administration that the A.AF project can go forward north of West Palm Beach, there is no reason to sign
the new crossing agreement I have conferred with Keith on this as well. A copy of the draft crossing
agreement is attached.
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_�indly forward this email and all attachments to Council. In addition, please ask Debra to copy and put 4
sets of the document into 3-ring binders for tonight's meeting.
Finally, I have two previously scheduled appointments tomorrow evening and cannot attend the Jupiter
Town Council meeting. We can discuss this at tonight's workshop to determine who might do so.
�166y Brenna�
l�ayor
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Cell: (561) 339-0744
Office: (561) 768-0460
abrennanC�teauesta.or�
PLEASE 1VOTE: Florida has a very broad public records law. Most written communications to or from the V'illage of Tequesta
officials and employees regarding public business are public records available to the public and media upon request Your e-
mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not
want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,
�� �,� contact this office by phone or in writing.
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RESOLUTION N0.12-14
A RESOLUTION OF THE VII.LAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ACKNOWLEDGING AND IDENTIFYING
SIGNIFICANT PUBLIC I3EALTH, SAFETY AND WELFARE
CONCERNS RESULTING FROM TI� �ALL ABOARD FLORIDA"
PLAN; URGING LOCAL, STATE AND FEDERAL OFFICIALS TO
ASSIST THE VILLAGE IN MTTIGATING SAID CONCERNS;
PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, Florida. East Coast Industries (FECI) is developing a privately owned,
operated and maintained high-speed passenger rail service named All Aboard Florida (AAF) that
will travel between Miami and Orlando with stops in Fort Lauderdale and West Palm Beach; and
WHEREAS, the AAF plan is to run 16 daily round-trip high-speed passenger trains
along the existing Florida East Coast (FEC) railroad corridor, resulting in 32 da.ily ga.te closings
on Tequesta Drive (as well as all other grade crossings along the FEC railroad corridor) in
addition to cvrrent gate closings for exisring freight trains; and
WHEREAS, the AAF plan will result in additional lowering and raising of the train
bridge across the Loxahatchee River, creating greater opportunity for bridge mechanism failure,
which causes southbound trains to block all of the thcee grade crossings to the north (Riverside
Drive, Tequesta Drive and Cownty Line Road); and
WHEREAS, the Viliage of Tequesta Public Safety Facility, housing both police and fire
rescue personnel and equipment, lies west of the FEC railroad corridor, while 95% of the
Village's commercial zones, including retail, restaurants and the entire US Highway 1
commercial area, along with numerous multi-family housing developments, and the entire Town
of Jupiter Inlet Colony, all of which are served by Villa.ge of Tequesta Public Safety, are located
east of the FEC railroad corridor, an.d
WHEREAS, additional grade crossing closures and blockages will hinder Village of
Tequesta Public Safety from being able to make timely responses to emergency ca11s or iransport
medical pa.tients located east of the FEC railroad corridor, compromising the health safety and
welfare of the citizens of Tequesta and all those who rely on Village of Tequesta Public Safety
services; and
WHEREAS, Marine-85, the Village of Tequesta. certified Advanced Life Support (ALS)
boat, is docked at a mari.na east of the FEC railroad corridor, and
VV�IEREAS, Marine-85 c�not navigate under the train bridge across the Loxahatchee
River when it is lowered, making it impossible to reach and render assistance to boaters in the
Loxahatchee River west of the FEC railroad corridor, and
Page 1 of 2
WHEREAS the health, safety and welfare of the citizens of the Village of Tequesta, and
that of all those who rely on Village of Tequesta. Public Safety services is the primary
responsibility of the Village Council of the Village of Tequesta; and
WHEREAS the signifiicant risks posed to public safety response times, land and
maritime mobility, and the overall quality of life for those who live in and visit Tequesta is a
genuine threat to the pubIic health safeiy and welfare; and
WHEREAS, the Village Cou.ncil of the Village of Tequesta desires to bring these issues
to the attention of neighboring local governments as well as Pa1m Beach County, state and
federal officials, and urge all such officials to take steps to help mitigate these risks.
NOW THEREFORE, BE IT RESOLVED BY THE VII.,LAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORiDA, TAAT:
Section 1: The above recitals are fully acknowledged and incorporated into the body
of this Resolution as if fiilly set forth herein.
Section 2: The Village Council of the Village of Tequesta hereby calls on all of its
neighboring local officials, as well as officials frorn Palm Beach County, the State of Florida and
federal officials, to take all steps possible in order to mitigate the threat to the overall safety and
wellbeing of all who live, work and visit the Village of Tequesta and its neighboring
communities, by prevailing upon FECUAFF to:
• Divert or decrease the number of freight trains along the FEC railroad corridor,
• L'unit the volume of all railroad traff'ic (both freight and passenger) per hour during peak
times;
• Reschedule freight trains to run at night;
• Limit and schedule the times that the Loxahatchee River train bridge will be lowered;
• Upgrade the Loxahatchee River train bridge structure and/or replace the lowering and
raising mechazusm to help xeduce the opportunity for mechanical failure;
• Install "sealed corridor" grade crossing safety equipment;
• Insta.11 infrastructure and equipment necessary for quite zones;
• Restore gracle crossings to include repaving and restriping the roadway;
• Help fund a Public Safeiy substation east of the FEC railroad corridor;
• Frovide access to real-time train-monitoring by Village of Tequesta Public Safety
dispatchers.
Section 3: The Village Clerk is hereby directed to provide copies of ttus Resolution
to the Towns of Jupiter and Jupiter Iiilet Colony, to Martin and Palm Beach County, and to the
State of Florida and the United States Departments of Transportation.
Section 4: This Resolution shall be effective immediately upon adoption.
Page 2 of 2
The foregoing Resolution was ofFered by Council Member Okun who moved its adoption. The
motion was seconded by Cauncil Member D'Ambra. and upon being put to a vote, the vote was
as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice-Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno Absent
Council Member Frank D'Ambra �
The Mayor thereupon declared the Resolution duly passed and adopted this 10�' day of April
2014.
MAYOR OF TEQUESTA
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bigail re
ATTEST:
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Lori McWilliains, MMC - ��Eiq�, m ;y �
Village Clerk ;�;� �
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T41NN QF JUPITER
Town Manager's 4ffice
� DATE: October 31, 2094
.�
TO: Honarable Mayor and Members af Town Councii
� FRO : Andrew D. Lukasik Town na er `
M , Ma g ;. � ;J , ,
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SUBJECT: All Aboard Ftorida Discussion —
EXECUTIVE SUMMARY:
Tawn Cauncil is being asked to provide direct9an and/or input an the fallawing three (3j issues:
Policv Position on A!1 Aboard Florida:
The Tawn Caunci! has talcen a policy pasition regarding All Aboard Flarida as indicated in Resolution _. However,
statements inconsistent with the resolution have emerged from discussions about the Town's Strategic Plan. Town
staff is seeking clarification regarding the Town's position on ,4!lqboard Flarida.
DEIS Commen#s:
Town staff has been working an a review of the Draft Environmental Impact Statement. The intent of these
comments is to address questions the Town may have or identifiy areas of focus in which data is inadequate or
insufficient. 1n preparation to submit comments to the Treasure Coast ftegional Planning Commission staff by
November 7 {far consideration by the TCRPC at its Navember 21 meetingj and the December 3` deadline for the
DEIS itself, staff is seeking input on the comments develaped to date.
Absent from the analysis are comments about navigation. Marine Industries, the TCRPC and the United States
Coast Guard have all identified inaccurate or incomplete data regarding the impact on navigat9onal issues. Since
these organizations/agencies have identified and are questianing this aspect ofthe DEIS, staff has not completed
additional reviews.
Crossing A�reement:
AllAbaard Florida has requested that cammunities execute the Crossing Agreement it delivered in Jufy by
Navember 15, 2014. The Agreement essentiaily states that AIlAbaard Flarida will pay for the infrastructure costs
associated with the passenger rail project, including safety features. The Agreement excludes costs associated with
the establishment af quiet zones. Add�tionally, the Town would continue to be respansibfe for maintenance per the
existing agreements {which are included for your review).
The Town Attorney has provided an Agreement in a legal format that addresses deficiencies in the letter agreement
per his memorandum dated August 15, 2014. There are details that need to be added ta the Agreement, namefy
the specifc safety improvementA!►Abvard Florida is agreeing to make, shauld the Town Council wish to move
forward
Tawn staff requires d[rection regarding the 1) the interest in entering into an Agreement and 2} the form ofthe
Agreement that the Town will execute.
RECOMMENDATIt)N:
Town Council is being asked ta provide direction and/or input on the aforementioned issues.
S#rategic Prioriiy Jupiter as a Unique, Livable Community
Attachments:
Fundin Source:
� Approved in Budget $ n!/A Sources:
� Additional �unding Required $ Sources:
RESOLUTION 47-14
RESQLUTION OF THE JUPITER TOWN CC�UNCIL IDENTiFYING SIGNIFICANT
PUBLIC HEALTH, SA�ETY AND WELFARE CONCERNS AS50CIATED WtTH THE
PROP05ED FLORIQA EAST COAST INDUSTRiES pROJECT NAMED "ALL
ABOARD FLORIDA"
WHEREAS, Florida East Coast Ihdustries {FECI) is deveEoping a privateiy owned, operated
and maintained high-speed passenger rail service named Afl Aboard Florida (AAF} that will
trave) betwe�n Miami and Orlando with stops in Fort Lauderdale and West PaEm Beach;
and
WHEREAS, the AAF plan is ta run 16 daiiy round-trip high-speed passenger trains a{ong
the existing Flarida East Coast {FEC) railroad corridor, resulting in thirty —�inro (3�j daily
at-grade gate closings in addition to thase a{ready required by existing freEght trains;
and
WHEREAS, the J�piter Town Council genera{ly has looiced favorably on passenger �ail
services as a means to provide fransport�bion options to its residents, �ncluding services such as
Tri-Rail, and enhance the ability to pramote ,Iupiter's business development and job
creat�on; and �
WHEREAS, Post Panamax ships will transport larger shipments into the Port of M�ami
and wil) result in an increase in the number of freight trains utilizing the FEC Corridor;
and
WHEREAS, funding sources and the standards for safety improvemenfis have not been
finalized to date which is a significant concern, because i# indicates that public safety is not
being given the appropriate priority by AAF and those advocating on their behalf; and
WHEREAS, the impact of thirty-two passenger trains and increased freight usage on
vek�icular traffic wilf resuft in an unacceptabie level of service on the roadway segments
and intersections in close proxirnity to the FEC Corridor; and �
WHEREAS, the height of the Loxahatchee River Bridge is very low and requires the bridge
to be open for boats to na�igate through the area; and
WHEREAS, the AAF plan wilt result in additional lowering and raising of the Loxahatchee
River Bridge which will increase the Eength of time the bridge wil! be down and interfere
with safe navigation af #he Loxahatchee River; arid
WHEREAS, the additional lowering and raising of the Loxahatchee Bridge cneates greater
opportunity for bridg� mechanism faifure which is a significant concern for the
Naveling pubiic and an impediment to the delivery of public safety services; and
Res�lution 47-94
Page 2
WHEREAS, the Town has been in the process of obtaining factua! information and
considenng the benefits of AAF to the state as weli as the adverse impacts on the Town
specifically; and . .
WHEREAS, emerging informatian about AAF has led to concerns that Jupiter citizens
and businesses are being asked ta accept negative impacts with limited, if any, benefit to
community; and
WHEREAS, the effort ta obtain information about the AAF Project has been hampered
- by the �AAF's inabilrty to provide precise informatian on issues of importance; and
WHEREAS, specifically, the Town Council has raised a variety of cancerns regarding the
Project including safety at the Loxahatchee River Br+dge and raad crossings, provisions
for enhanced pedestrian and bicycle rail crossings, the responsibility for the costs
associated with making necessary infrastructure enhancements, and the cumulative
impact of additional new freight coupled with AAF; and
WHEREAS, the Tovm is awaiting the release of the Environmental �mpact Study (EIS}
and the oificial comment period in which ta thoroughly review, but desires to provide �
some initial comments.
NOW, THEREFORE, BE IT RESOLVED TNAT,
Section 1: The above recitals are fully acknowledged and incorporated inta the body of
this Resolution as if fully set forth herein.
Section 2: Based upon information to date, and in advance of the EIS, the
Town Council of the Town af Jupiter has determined that the fallowing actions and
considerations by FECIIAAF are nec�ssary to mitigate potential impacts to public
health, safety and welfare:
1. In order to mitigate the irnpact of thirty-iwo (32} passenger trains and the
antici�afed increase in freight on the FEC Corridor, a significant number of freight
trains must be moved away from the coastal route and onto the CSX's or
other inland rai[ or ocean raute, to reduce traffic impacts and bridge clasures. The
Town u�ges the State, rail entities and athers to develop a comprehensive Freight
� Rationalization Plan.
2. AAF and Tri-rail shaA come to an agreement that enables Tri-rail the use of the
trac�CS so as to expedite the cannection to a Jupiter locatian. .
Resolution 47-14 �
� Page 3 �
3. in arder to best prevent vehicutar andlor pedestrian conflicts, the FECI should install
the highest degree of safety improvements at and beiween crossings with no
funding to be provided by Jupiter or other local jurisdictions. Improvements should
be ta a level that would qualify them for designations as 4uEet Zones and not
negativeiy impact the aesthetics of the host communities;
4. It is imperative that improvements at the few crossing locations in Town include .
adequate pedestrian features. These are critical safety improvements as residents
within the surrounding neighborhoads have obviously been crossing the corridor as
evidenced by the wQm pathways across the FEC right of way;
5. The Loxahatchee River Bridge, white perhaps having some useful remaining fifefor
the primary structure, is antiquated and requires modernization. The operating
mechanisms seem to be beyond useful life due to the frequency of inechanical
breakdowns that have been occurring. A new bridge design should be pursued that
include components and an operational plan that will mitigate the �mpact on boating
trafftc on the Loxahatchee Riveras existing plans and anticipated closing cycleswill
create hazardous conditions for marine traffic and negatively impact the deiivery of
public safety services. ,
. BE IT FURTHER RES�LVED THAT, while there exist severa! benefits ta having
passenger rail service on the existing FEC carridar, there are tao rnany questions
abaut safety, impacts on mobility and costs to Jupiter taxpayers that have not
been acfequately addressed by AIf Aboard Fiorida. As it stands taday, it is likely
that the Town af Jupiter will be one of the most adversely impacted cornmunities
along the entire corridor. Whife passenger rail when properly implemented, rnay
sorneday pravide future benefits to the Town, failure ta adequately address
the preceding concerns wil! ultimately lead to opposition fram the Tawn
. against the project. '
07l03/'i 4 .
The foregoing Resolution was ofFered by Councilo� Todd Wodraska, who moved rts
adoption. The motion was seconded by Vice-Mayo� Kaufer, and upon being �ut to a rolt
call vote, the vote was as follows:
' AYE NAY
MAYOR KAREN J. GOLONKP+ X
VICE-MAYOR ILAN KAU�ER � X
COUNCILOR WENDY HARRISON � X
COUNCILOR JIM KURETSKI X
COUNCILOR TODD R. WODRASKA X
The Mayor thereupon declared the foregoing Resolution 47-14 duly passed
and adapted this 1 day of Ju1y, 2014.
� ' TOWN OF J TER, FLORIDA
ATTEST: � BY:
. G�3LONKA
' MAY
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SAL Y . BOYLA MMC
TOWN CLERK
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(TOWN SEAL) ��Q'' � Approved a to fo ant�
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Priority #1
Title: Line item assigned Yes ta Tri-Rait; Na to AAF, High 5peed Rail; No to increased freight
Definition: • Some interest in commuter services for Jupiter provided that it
This should incorporate your doesn't "enable' significantly increased freight.
team's interpretation of the • Concern with an increase in freight, safety impacts from high
fingerprints; what is implied speed rail and increased freight, traffic delays {particularly at
and suggested lndiantown Road and hospital crossings) and noise
• Support of alternative rail mobility to lupiter while:�offering
�:�-:��:
objection to rail services which will not benefit Towi;i re.sidents
but will negatively impact property �alues, resident safet�and
;.�;;,;,_
rnobility within the community. ;;,; �;:�,,... "` �
Intention/Purpose/Objective . lrnproved safety and quiet zones — paid �or 6y'�F,EC. `� �
What are we trying to • No adverse impacts on boat accessf mavertaents`'& `�
accomplish? vehidejbicyde/pedestrian crossings "`=��-;:;,�;�:`
- • Improve mobility options for residents ���, =;.�>
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� Minimize/reduce freight trafF� -.
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• Consider support to enhanc�,l'ri.;-,R il's;connection to Jupiter in
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order to enhance comrt�uter mab'ili�y. M,�eanwhile, issue
objections to All Aboa d Florida or other high speed rai{
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service on FEC's ra�3line uni.,e.�s perceived adverse impacts to
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the Town are elim,inated:;�
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• FEC must beg'r`ii;�to tarke'accountability for its adverse impacts
on vehicu: ary.b�icyc��pedestrianjboat movements and
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propert�y,�v�l�ues�a�d implernent mitigation actions.
• FEC�'m�ustrr'.e.d�i�e%e:l, minate its financial demands from local
'�y�*�32� '�'� 2f^ °,".-:��
- ��;,�o�ern ; en_.�t=s. �
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• FEC�riius� becorne a neighborly praperty owner.
What actions might be ,. • Ca�ncif Policy needs to be clarified and established. The
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needed? ,,�;�^'��; � Council is cleariy conflicted. The policy was well-stated in the
��� '1�,:
���, Resolution. Need to get specific information on operations
�°`' from AAF through EiS ar separately.
�tii �•
�"�,, �� '� m ��`' • Advocacy to State and Federal Reps for assistance in dealing
�;'�'�i;- with FEC and AAF including legislative actions to change status
���� �
�K�� "�� quo.
• Negotiate new agreements between Town and FEC to reflect a
,;��� � � ��''
� � more collabarative relationship.
�, `�;'� • Cornmunication to our residents
���� • Consider whether any local match for T01 station is
�
� apprapriate
• Coordinate w/Palm Tran & other shuttles
• Consider regional support to Tri-Rail Expansion Plans.
Facilitate planning and approval of a Jupiter7ri-Rail Station.
Transmit formal comments and/or objections to All Aboard
Florida's Enviranmental Impact 5tudy while lobbying Town's
Federal Legislative Delegation to farce mitigation of potential
impacts.
Town of Jupiter St�ategic Plan Initiatives FY15 — Draft v2 — August 4, 2014
• Manage expectations of the community.
• Host meetings with FEC/AAF officials
• Freight rationalization study—state needsto move up
timetable.
What are the intended • Safety improvements and Quiet zones implemented at no cost
outcomes? to the Tawn (paid for by FEC/AAF)
• Upgrade Tressek Bridge to reduce time and frequency of
bridge openings
� Reduced vehicular and pedestrian delays at lndiantow Road
and haspital crossings versus existing baselin�,,cond3�io''r:ts�:
�i.rn :� �li
• A locaf commuter service station for Tri-Rail "-"�``'`'"-,:.�„ �� �°� �''
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• Shift freight off FEG track and to tracks to �he,West�4or
� s ,. � .
alternatively to offshore barges or,�o�,ocean routes. �%;:%`'
Discourage freight from highways'or sh�l�t fo�ocea�n. +
f� ;
• FEC takes accountability for its adverse irnpacts'ort
vehicular/bicycle/pedestria:n/boat maverri;e;€tts and property
t; ., ��
, values and implements mifrgation actions.`'�
• FEC reduces/eliminates its fir�ancial demands from local
,� ,,; � ;
governments ,. � �
• FEC becomes a neighbdrly��property owner and collaboratively
works with local
.;.;�„ .,�G.. ,:�:
• Improved com mo.b��lity via rail. Enhanced railway
��, '-�4. ���<.
corridars���ety''r��,Preve.ntion of heightened rail way impacts to
A�, .Il,k.. I:il
roadw,,�y a:ncf"�arine�traffic as well as public safety response
times. '�"���,����=s;�.
How would we know if and .`���. '°'"� '�'
; �� T E,,�C s"re,�utat�dn�uu,���h local governments, residents and
when the item is 144% �;bu���ess�"s'�improves. FEC hecomes recognized as a caring,
�,:., '�=�
complete? ne�ghbor"ly property owner
� � L ��TM r Praperty values adjacent to the FEC corridor rebound from �
� perceived declines which are now underway
ry�l�' `�4 • Delays at rail crossings become better managed and mitigated
�',�;r
,r; .• All above items are accomplished
� •, � u;.� w�
�* • Commuter and student mobiiity is enhanced through the use
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s ��� °„ ��;� of the railway network, including Tri-Rail
� �� F �F� � ��"'`' • Freight using alternative route
� � ��� '� , �
"" a� i�3 � • O b s tac les t o over c o me: ow e r o f F E C li t t le loca l con tro i o f
,�;� ����� � � �
'��s„ issue and RR and Tri Rail costs
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Town of Jupiter Strategic Plan Initiati�es FY15 — Draft v2 — August 4, 2014
DEIS Comments
Land Use
Much of the FEC right of way thraugh Jupiter was established through an easement dedicated by the
U�+ted States of America by act of Cangress an March 3, 1875. Limited lands used by FEC were acqui�ed
fee simple deed. Further in�estigations inta the ownership af the FEC rail corridor thraugh Jupiter has
determined that a significant partion of the property may not fall under sole ownership of FEC and/ar
FEC is not a fee simple controlling party to titie of the �ai{raad right of way. Perhaps more impartantly,
the entire raif corridor has been dedicated to the use of the public. For ove� a century, the FEC has used
this dedication to the public to its advantage through tax exemptions and the ability to secure public
funding for impro�ements and ma�ntenance in the corridor.
in consideration of Afl Abaard Florida, it is reported that the rail corrida� is "privately held" and unde�
the complete control and jurisdiction of the railroad company. As such, FEC and AAF purport that state
or locaf governments ha�e no grounds to approve or deny the pro�ect as the ad�ocate for the "public",
Even though some of the lands may have original{y been held in pr�vate hands, the "pub{ic" designation
has surrendered or madified the originai pri�ate land rights in some measure to consider the "public's
interest" in how the right of way is used.
Given these observations, the Town oflupiter woutd lilce cfarification on ownership issues within the
corridor to suppart the position that AAF/FEC has the ability to 1j expand capacity within the ROW
without any public input and 2) charge local units of government lease payments for use of public
crossings and necessary improvements to railroad crossings.
Traffic
Although the DEfS focused an passenger rai{, the assumptions for impact also included the growth in
freight. �
The assumed operatian speed for freight trains as 543 mph in the QEiS seems questionabfe, especially
for Center St/{TRJTPD crossings due to the curvature of the bridge. A 30 mph operation speed seems
more appropriate for freight trains. The corresponding total closure time, then, will be extended from
2.5 min to aimast 4 min, which significantly impacts the traffc on Indiantown Rd.
More critical intersections at crossings need to be analyzed in term of traffic impact, especially for the
intersections with speed constraints such as the Indiantown Road crossing.
The Indiantown Rd /Alt A1A intersection is projected to be o�er-satufated due to crossing closure,
under the 2 freight trains and 1 or 2 passenger train(s) operation during the PM peak period in 2036.
The queue will exceed 4000 ft and de�ay will be aver 200 s/v. Mitigation strategies need to be proposed
in the E15 report.
The assumed operation speed for passenger train as 89.2 mph is definitely unreasonable. Given the
radius of curvature of approximately 450m, the safe train speed seems limited ta 60 mph.
Water
With the additian of impervious surface associated with the addition of rail within the corridor, the
Town requests the identification of more definitive water pre-treatment strategies and the€r lacations as
part of the impact statement.
Cultural Resources
The informatian in the DEIS pertaining to the Historic Resources within the West Palm Beach Corridar
Area of Potential Effects should be updated to include the following historic sites within the Town:
• Sawfish Bay Park (Florida Master Site File #8PB11388)
� Milam Archaeological Midden {Florida Master Site File #8PB11546)
The FEC bridge across the Laxahatchee Ri�er is not exempt from a Section 106 of the National Historic
Preservation Act re�iew, mainly because FEC is seeking Federal funding for the A[I Aboard Florida
project. The DEIS notes that the bridge is eligibEe for incfusion on the National Register of Historic
Places. There are certain exemptions from Section 106 review, which includes bridge rehabilitation. The
Florida Department of State-Divisian of Nistorical Resources Certified Local Government coordinator has
stated he believes FEC would be required to camply with local historic preservation regulations if the
structure is given a local historic designatian by the Town. [Note -- we are waiting to hear back from the
Florida State Historic Preservation Offiicer on her opinion of the applicabiiity of local regulations and if
they are generally identicai to those for Section 106]
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Subject: Railroad Rev�ew and Recommendations Report
Railroad Crossing Installations
Jupiter, Florida
From: Da�e Thomas
Managing Member
Eagle 1 Resources, LLC
Date: March 17, 2014
This report is copyrighted by Eagle 1 Resources, tLC.
Listed below a.re zzay review and recammendations of a working path forward in addressing
railroad crossing issues in Jupiter, Flarida. Eagle 1 Resources, LLC does consult attorneys on
many of the issues it works on, but Eagle 1 Resources, LLC is not providing legal advice and is
not a!aw firm. Eagle 1 Resources, LLC is a utility consultant and I azn providing an opinion that
I believe is in the best interest of Jupiter, Florida based on my 35 years of experience in the
utility industry.
The following items will be addressed in this report;
1. Public Rail-Highway Grade Crossings
2. Private Railraad Crossings not a# Highway / Street Intersections
3. Righ# of Ent�ry Pexmits
4. Flaggimg Reyuirements
5. Line Location of Railroad Communication andtor �afety Equipment
1. Public Rail-Highwav G�ade Crossin�s:
Many questions have been raised about who owns the Ianfl and who controls the rights as to
utility installations across raikoad facilities at highway-railroad grade crossings. The railroad
indusfzy will advise you that they own the right of way at all street intersections and you wil� be
required to secure a permit to cross their facilities. This permit will also cacry multiple fees arjd a
contract for potential annual lease agreements. These contracts may also carry annual
adjustments to the fee schedule.
In meetings with our attorneys and in reviewing applicable Federal laws and regulations, it is our
firm belief tl�at many highway-railroad grade crossings are classified as public crossings. In
order to understand what this classification means, a review of the defuution of key applica.tions
addressing hig�away-railroad grade crossings need to be completed.
Eagle 1 Resources LLC 2572 Weston Street Aubum, AL 36832 affice: 334.209.0508
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According to the Fedexal Departrnent of Transportation Website, the Federal Highway
Administration (FHWA} has reguiatory and statutory authority over public roadways, including
those at public highway-rail grade crossings, on the basis of Title 23 U.S. Code Sections 130 and
646. These reguiations afford authority over public crossings and Federai aid progxams funded
through transportation bills such as the current SAFETEA-LU. Under this bill, states can request
and receive funding to address the use of safety warning dev'rces at public highway-railroad
grade crossings. The Federal Railroad Administration (FRA) has regulatory and statutory
authority over the nation's rail networks, including safety, maintenance, and operations.
State and local authorities are largely reluctant to exercise any jurisdiction over operations and
safety at private crossings because they consider private crossings to be private property. Title 23
af the U.S. Code also prohibits funding of private crossing improvements with few exceptions,
such as private crossings on designated high-speed rail corridors.
Highway — Railroad Grade Crossing safety equipment installations are designed and installed by
the Federal Department of Transportation ! Federal Highway Safety Administration. Under
federal law, these installations can only be instaal�ed on public property and federal funding can
not be expended for any projects located on private properiy. Under CFR Tit�e 23: Part 924, in
order to fund a safety irnprovement project, it must be installed at a public crossing. The
definition of a public highway—rai Iroad grade crossing is:
Code of Federal Regulatinns (CFR) Title 23: 924.3 Definitions;
Puhlic grade crossing means a railway-highway grade crossing where the roadway is under the
jurisdiction of and maintained by a public authority and open to public travel. All roadway
approaches must be under the jurisdiction of the public roadway authority, and no roadway
approaeh may be on private property.
Public road means asry highway, road, or street under the jurisdiction of and maintained by a
public authority and open to public travel.
Under this same area of the CFR, the defmition of a Highway Safety Tmprovement Program /
Project is;
Hi�hw�v safetv impravetnentnro�ram means the program carried out under 23 U.S.C. 130 and
148.
Highwav safetv imnrovement nroiect means a project consistent with the State strategic highway
safety plan {SHSF) that corrects or improves a hazardous road location or feature, or addresses a
highway safety problem. Projects include, but are not limited to, the following:
(1} An intersection safety ir►�provement.
(b) Construction of any project for the elimination of hazards at a railway-highway crossing that
is eligible for fttnding under 23 U.S.C. 130, including the separation or protection of grades at
railway-highway crossings.
(7} Construction of a raalway-highway crossing safety feature, including installation of highway-
raii grade crossing protective devices.
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During the meetings with our attorneys, it was discussed that the rai�oad may axgue the
definition of a highway—railroad grade safety installation. Therefore, the defnition is listed
below.
Hi�hwnv-rail t�rade crossin� vroteciive ctevices means those trafftc control devices in the
Manual on Uniform Tr�c Control Aevices specified far use at such crvssings; and system
components associated with such traff'ic control devices, such as track circuit improvements and
interconnections with highway traffic signals.
In order to receive funding for highway-railroad safety crossing projects, certain thresholds must
be znet. In investigating this area with our attorneys, 23 CFR Part 130 addresses the requirements
af funding for highway—railroad safety crossing projects. Thzs a.rea of the CFR d'uects your
attention to CFR Titie 23: Chapter 1; Section 148 which outlines the requirements of an e.ligible
project. To meet the eligibility requirements, the installation must be on a public road, as listed
beiow;
CF'R Title 23: Chapter 1; Section 148;
(d) Eligible Pro3ects.--
(1) In general.-- A 5tate may abligate funds apportianed to the State under section 104 !b)l5�
ta carry aut--
(A) any highway safety improvement project on any pU6/iC 1"iDad or public{y
awned bicycle ar pedestrian pathway ar trail; or
. Ta determine if the highway—railroad crossing is a public or private crossing, the Federal
Rail�oad Administration and the State Highway Departments maintain a Iist of all public 1 private
highway-railzoad grade crossings. Under federal law, each state l�ighway department is required
to maintain and update annually a list of all public / private railroad grade crossings within the
state. This is public infozmation and a�ailable from each State I}epartment of Transportation. A
checic of this information will identify alI public highway—railroad grade crossings located within
the state. This list is utilized by the State Highway Depaxtment to determine funding for
highway—railzoad safety equipment jnstallations.
The Fedezal Railroad Adininistration also maintains a list and it is available froxn the FRA
website. The railroad industry will argue this list by the FRA is for in�entory purposes oniy.
However, this Iist and the State DOT lists are utilized to deveIap an insta.11ation list for safety
equipment at railroad-highway grade crossings.
The railroad may state that they continue to own the land and that the highway merely has an
easement across the property. They xnay continue to demand a permit to cross their facilities. In
reviewing the CFR in the area of rights af way, questions are raised about the ability of the
railraad to retain ownership rights. When the roadway was construeted, it is required that the
sta.te must acquire all rights for the construcrion, operarion, and nnaintenance of a project. This is
listed below;
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Under CFR Title 23: Part 1— General, the following de#initions apply;
1.23 Rights-of-way.
(a} Interest to be acauired The State shall acquire rights-of-way of such nature and extent as are
adequate far the construction, operation and maintenance of a project.
{b) Use fvr hi�hwav nurnoses Except as provided under paragraph {c} of this section, all real
property, including air space, within the right-of-way boundaries of a project sha11 be devoted
exclusively to public highway purposes. No praject shall be acccpted as complete until this
requirement has been satisfied. The State highway department shall be responsible for
preserving such right-of-way free af all pubiic and private installations, facilities or
encroachments, except (l } those approved under paragraph (c) of this section; (2} those whieh
the Administrator approves as constituting a part of a highway or as necessary for its operation,
use or maintenance for public highway purposes and (3} informational sites established and
maintained in accordance with § 1.35 of the regulations in this part.
(c) Other use or occunancv. Subject to 23 U .s.c.11 � , the teinporary or permanent occupancy or
use of right-of-way, including air space, for non-highway purposes and the reservation of
subsurface mineral rights within the boundaries of the rights-of way of Federal-aid highways,
may be approved by the Administrator, if he determines that such occupancy, use or reservation
is in the public interest and will not impair the highway or izaterfere with the free and safe flow
oftraffic thereon.
One question that has been raised under section (c} is "Flow would restricting utility
installations at lughway-railroad grade crossings promote public good?"
The terim "Airspace" is used in the aforementioned iinformation. The definition for "Air Rights"
and "Airspace" are listed below;
Under CFR Title 23: Part 71Q, the following defnitions apply;
710.1U5 Defnitions
Air ri�hts means real property interests defined by agreement, and conveyed by deed, lease, or
permit for the use of airspace.
Airsnace means that space located above and/or below a highway or other ixansportation
facility's established grade line, lying within the horizontal Iimits ofthe approved right-of-way or
proJect boundaries.
T'he railroad may continue to argue their rights to xequest permit fees and lease agreements for
the use of khe public right of way across the railroad facilities because this is not a highway.
Under CFR Title 23: Part 924, the followuag definition would address this issue;
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924.3 Definitions;
Highway xneans,
(1} A road, sireet, and parkway;
(2) A right-ot=way, bridge, railroad-highway crossing, tunnel, drainage
structure, sign, guardrail, and protective siructure, in connection with a
highway; a,tad
Another area of concern is the railroad industry's past practice of charging a fee for the
utilization of a public right of way at a public railroad-highway grade crossing. In reviewing the
CFR with our atto� under Title 23, Chapter 3, Section 301, it states;
Except as provided in section 129 of this title with respect ta certain toll bridges and to11 tunnels,
all highways constructed under the provisions of this title shali be free from� tolls of ull kinds.
The followirtg information is taken directly for the Federal Railroad Administration Web Site
and this information tends to support our questions about the permit i lease agreements required
by the railroad indusfry for util'rty installatians at public railroad-highway grade crossings:
http://www fra dot gov/rpd/policv/227 shtml
"To avoid collisions, traffic control devices are required at grade crossings just like
intersecting roads need stop signs or traffre signals. Traffic control devices used at
crossings include warning signs, cross bucks (the fami�liar x-shaped signs that mean yield to
the train), pave�nent markings, and, in some lacations, bells, flashiug lights, and gates as
described in the Manual of Uniform Traffic Cantrol Devices (MI7TCD).
Grade crossings may be public or �rivate. Public grade crossings are roadways that are
under the jurisdiction of, and xnaintained by, a public authority. Private grade crossings
are on roadways privately owned, such as on a farm ar industrial area, and is intended for
use by the owner or by the owner's licensees and invitees. A private crossing is not intended
for public nse and is not maintained by a public highway authority."
In order ta properly investigate any installation at a highway-railroad crossing lacation, the
following procedure is recommended;
A. Secure a copy of the FRA highway-railroad grade crassing infarrr�ation and verify the proposed
crossing is identified as a public crossing on this list.
B. Secure a copy of the State Department of Transportatian highway-railroad grade crossing
information and verify the proposed crossing is identified as a public crossing on flus Iist.
C. Contact the railroad to be crossed and request a copy of the agreezztient between the raiiroad and
the highway-railroad grade crossing administrator to review any reyuiremen'ts assigned to this
location.
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D. Contact the railroad to be crossed and request a copy of their land awnership records and tax
i.nformation identifying the railroad as the awner of the highway-railroad grade crossing.
E. Review the Valuation Records for this locatian.
Your path fo.rward will be determined by the aforementioned information. We are not providing
you with any legal advice, and we strongly recomzxiend that you consult your legal counsei on
this �natter.
2. Private Railroad Crossings not at Highwav /Street
Intersections:
Many utitities have installed facilit�es at lacations not located within the bounds of a fiighway
right of way. The railroads have entered into agreements with these utility cornpanies and
presently are escalating the fees charged for these crossings / installations. One of i:he questions
surrounding these installations includes tF�e ability to charge the utilities for these installations.
An azea of concern is the taxable value ofthe land claimed as private property. In reviewing the
tax records of several locations, it appears that the railroad industry does not include land in their
ta,x base. However, when discussing ownership rights, they are adarziant about their ownership of
the Iand. Therefore, when researching the ownership of the raiIroad right of way, it would be
h:elpful if the railroad provided a copy of their taxable property information listing the raiIroad as
the owner of th:e land 'm question.
Land Managez�nent Cotnpanies are now claiming ownership of the railroad right of ways and
seeking cross'vng fees for utility installations. Again, taxable ownership needs to be addressed. A
Iand management firm would not be a public utility like the railroad. Thezefore, if the Iand
management firms states they own the land and are exezxipt from federal / state laws addressing
crossing fees, they must prove the land is listed in their name and they are paying taxes on the
property. �ur past research has shown the land companies are a`�1ame Only" owner of the
raiIroad right ofways. This would not affect public railroad-highway grade crossings.
In order to properly investigate any installation at private crossing location, the following
procedure is recommended;
Existing Contracts;
A. If you ha�e an e�cisting contract, review the contract to determine if the agreement has an
escalation clause. If you bave an exi.sting contract without an escalation clause, you wi11 need
to work with your attorney to determine your best path farward at this time.
B. If you have an existing contract and it includes an escalation clause, review the teims of the
escalatian agreement.
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� C. Review the existmg cflntract to determine if the agreement has a transfer of ownership clause.
If you have an existing contract withaut a transfer of ownezship clause, you will need to work
wi.th your attamey to determine your best path farward at this time.
D_ Review the exis�ing contract location. Jf the railraad is cla3ming ownership, zequest the
railraad provide groof of ownership. This praof of ownership shauld atso include information
ahout the property value and the taxes paud on the property. �
E. Additional info�rnation about the land ma,y be available far the Bureau of Land Management.
You should contact your regional office to discuss this infarmatian source.
F. If the railroad is unable and/or unwilling to provide the requested information, you should
work with yaur a,ttorney to address the validity of the existing contract.
New Contracts:
1. Condemnation may be yaur best option. The value of the interest condem�ed will be minunal
and ttie project can be started within ten (10) days after filing condemnation (ten days hased
on the Alabarna court system — please check yoar state court system in this area}. This will
end all fi�ture escaiation concerns for lease agreements and will also expedite the utility
project. You will need to work with yau attorney to deterrnine your best path forward for new
installations.
3. Ri�ht ofEntrv Permits;
The railroad industry has established a policy to require any individual/campany a permit to
access their property by a Right of Entry permit. Normally there is a charge for this permit. We
agree wittx this policy on private property because of safety reasons. We do not recommend any
individual andlor company trespass on railroad properiy. However, this Right of Entry Permit
would not apply at a public highway-railroad grade crossing installatian. Secondly, the raaXroad
would have to prove ownership of any land they claim as awner to require this permit fee.
Therefore, if the railroad has charged a utility a Right ofEntry Permit fee for an insta.lIation at a
public highway-grade crassiug, tl�e valid'aty of these past charges are in question. A Right of
Entry pernnit should not be required at a public railroad-highway grade crossing due to the fact
that this is a public right of way and a fee for the use of this property may violate federal Iaw.
4. F'lag�in� Requirements;
The railroad industry has stated that flagmen are required by federal law for any project that
crasses a railroad facility. We have documentation frozn one raalroad stating "Under the Fedez�al
Railroad Safety Act of 1996", flagging operations are required by federal law. This is incorrect.
First, The Federal Raifroad Safety Act of 1996 was not signed into law and died in cornmittee.
Secondly, we conta.cted the Federat Railraad Administration safety division and verified that no
federal law requiring flagmen exist. T'his requirement is a railroad policy, not a federal
requirement. Third, normal railroad policy requires flagmen when work is being performed
within twenty five (25) feet horizontally from the outside rail. We understand this practice and
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agree fully with this safety requirement. If yaur work area is above ground and within this
twenty five (25} foot safety area, we believe flagmen are necessary.
However, if yaur instaliation is below ground and your work area is greater than twenty five {25}
feet from the outside rail at a public highway-railroad grade crossing, flagging operaxions may
not be necessary. If you were ch�arged for flagging aperations by the railroad, the vatidiry of
these chaxges are in question and you may be due reimbursement £or unnecessary flagging
operations.
5. Line Location of Railroad Communication and/or Safety
Epuipment;
The xailroad industry has stated that they will locate their underground facilities (comznunication,
signal, etc.) for a fee and only if the company xequesting the line location agrees to pay for both
the line Iocation work and flagging operatians. As stated in the previous information, this
practice may be unlawful at public highway-railroad �rade crossings, based on the lack af any
federal requ�rement for flagmen.
The charge for the line location wark wili need to be addressed separately and this may be
unlawful based on the governing states law{s) in this area. You will need to review the
requirement of your state's line location laws. As an example, in Alabama, any public utility that
occupies a public right of way must locate their facilities within forty eight (48} hours of
notification.
Railroads are defined as public utilities and there is na provision discussing charging for this line
Iocation service. If any public utility does not locate their facili�ies prior to the proposed
construction worlc, the construction company shall be held harmless under the State of Alabama
law. This is based on the construction company folIowing proper notification to the u�ility
cornpany. We do not recommend any installation company excavate a project without proper line
location services.
Summarv
Again, please note that we are not providing you with any legal advice, and we strongly
recammend that you cansuIt your legal counsel on this matter.
At public railroad crossings, we have been unabie to locate any federal requirement that
mandates a utility permit for an installati�n at a public highway-railraad grade crossing.
Hawever, the raiiroad must be notified of the propased crossing and a proposed installation must
meet the miniznum installation standards af the railroad being crossed. Safety standards should
be maintained but unnecessary safety app.lications znay be initiated at the discretion of the
contractor / utility insta.11ing the new facilities. Any contracts which were entered into based an
the railraad's representation of ownership of the land or right of way to be crossed might be
voidable if it is determined that no such ownership rights existed. You should consult your
attorney on this issue.
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At private railroad crossings, �tlie railroad needs to provide unencumbered land ownership
records including, but not limited to, deeds and tax records. Depending an the method of
acquiring the land, the railroad may or may not have exclusive control of the property. The
� Bureau af Land Management has addresseci [and granted to the railrroad from the federal
government, Some of the land grants have placed limits on the railroads exclusive awnership of
the right of way.
Right of Entxy permit requirements depend on the project location. The application of Right of
Entry charges at public Iocations axe unnecessary anci may warrant reimbursement for the uti(ity
company.
Flagging operations are not required by federal law. Each prolect administrator should review
their project requirements and determine the safety requirements that will protect the railroad
industry and the praject wozkers. We do not promote and/or recommend minimizzng safety
standards. However, misrepresentations of safety requirements by federal law may warrant
reimbursement for the utility company.
The line location requirements of public utilities on public righfi of way need to be reviewed on a
state by state basis. The failure of the railroad industx to lacate their facilities in a timely manner
would put the traveiing public, as well as the project workers, in danger, If the railroad industry
is committed to the safe aperation of their facilities and the safety of the traveling public, they
would provide the timely line location of their facilities. The utility industry (excluding the
railroad) does not charge for line location services because this would be detrimental to public
safety. If the railroad industry believes they should have the right to cbarge for ihis service at
public locations, the railroad industry shouid request a rule making on this request and the
Surface Transportation Board should seek pul�lic input on this proposed ruling.
If you have any additional questions, please contact me at the numbers listed below.
David L. Thomas
Managing Member
Eagie ]. Resources, LLC o�rfice 334 .zo9.a5o$
2572 Weston Street Mobile 334.546.8166
Auburn, AL. 36832
E-mail dthomastaleaalelresources.com
Web www.eaalelresources.com
Eagle 1 Resources LLC 2572 Weston Street Auburn, AL 35832 office: 334.209.0508
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`� SuMu�faca UtlGry Consuttant � 9lrateglcPlanning 8 Management www.eaglelresources.cam
City of Jupiter, Florida
FEC Railroad Crossings
Listed below are my review ofthe utility facilities associated with FEC RR in Jupiter, Florida.
Eagle 1 Resources, LLC does consult attomeys on many of the issues it works on, but Eag�e 1
Resources, LLC is not providing legai advice and is not a[aw firm. Eagle 1 Resources, LLC is a
utility consultant and I am providing an opinion that I believe is in the best interest of Jupite,r,
Florida based on my 35 years of experience in the utility industry.
Research Results:
1. Parallel Encroachment - 12" Water Main Tequesta Drive to Indiantown Road.
This water main is located on a US GoveYnrrzent easement and on land
dedicated to public u.�e. The bt-eakdown of this infoYmation i�s as follows;
Valnation Station 14874+68 to 14898+00
Parcel #1- Valuation Section 3/ Map 1l.
Easement from the United States of America by Act of Congress — March 3,
1875. Supreme Court case decided March 10, 2014 supports easement only
documentation.
Valuation Station 14$98+OQ to 144U2+70
Parcel #2 - Valnation Section 3/ Map 11
Encumbered Fee Simple Deed with Land Dedicated to Public Usa on 5/24/i 894.
Please see fle DSC_0096 with Valuation Order #7 / Form #l07 suppozt
documentation.
Valnation Stafion 14902+70 to 1.4906+10
Parcel #3 - Vataation Section 3/ Map 11
Encurnbered Fee Simple Deed with Land Dedicated to Public Use on 9/28/1893.
Piease see file DSC 0096 with Valuation Order #7 / Form #107 support
documentation.
Valnation Station 1440b+10 to 14909+80
Parcel #4 - Valaation Section 3/ Map 11
Page z of 4
Encumbered Fee Simpie Deed with Land Dedicated to Public Use on 9/2811893.
Please see file DSC_0096 with Valuation Order #7 ( Form # 107 support
documentation.
Valuation Station 14909-F-84 to 14918�-94
Parcel #5 - Valuation Section 3/ Map X1
Easement from.the United States of America by Act of Congress — March 3,
1875. Supreme Court case decided March 10, 2014 supports easement only
documentation.
Valuation Station 14918+94 to 14923+94
Parcel #6 - Valuation Section 3/ Map 11
Encumbered Fee Simple Deed with Land Dedicated to Pubiic Use on 7/12/1893.
Please see file DSC_0096 with Valuation Order #7 / Form #107 support
documentation.
Valuation Station 14923+94 to 14942+83
Parcel #7 - Valuation Section 3/ Map 11
Easement from the United States of A.merica by Act of Congress — March 3,
1875. Suprerne Court case decided March 10, 2014 supports easement only
documentation.
2. 12" water main in 24" steei casing northside of Riverside Drive
' Valuation Station 14896+35 to 14896+35
Parcel #1- Valuation Sec�ion 3/ Map 11
Easement from the United States of America by Act of Congress — March 3,
1875. Supreme Court case decided March 10, 20I4 supports easernent only
doctunentation.
3. Paralle142" starm drain pipe in west r/w 355' with one 3'x20` drainage culvert south of
Riverside Iarive
Valuation Station 14910+08 to 14913+78
Parcel #5 - Valuation Section 3/ Map 11
Easement from the United States of Arnerica by Act of Cangress — March 3,
1875. Supreme Court case decided March 10, 2014 suppores easement only
documentation.
4. ] 2" water main in 24" steel casing Southside of Riverside Drive
Page 3 of 4
Valuation Station 14910+08 to 14910+08
Parcel #5 - Valuation Section 3/ Map 11 �
Easement from the United States of America by Act of Congress — March 3,
1875. Supreme Court case decided March 10, 2014 supports easement only
documentation.
5. 10" cip in 1$" steel casing on northside of Indiantown Road
Valuation Station 14970+28 to 14974+28
Parcel #7 - Valuafion Section 3/ Map 11
Easement from the United States of America by Act of Congress — March 3,
1875. Supreme Court case decided March I 0, 20 i 4 supports easement on�y
documentation.
6. 54" steel pipe storm drain from pump sta.tion at 7th Street
Valuation Station 14995+14 to 14995+14
Parcel #1- Valuation Section 3/ Map 12
Easement from the United States of America by Act of Congress — March 3,
1875. Supreme Court case decided March 10, 2014 supports easement only
documentation.
7. 20" water main is 33" steel casing on northside of Toney Penna Drive
Valuation Station 14998+83 to 14998+83
Parcel #2 - Valuation Section 3/ Map 12
Encumbered Fee Simple Deed with Land Dedicated to Public Use on l/l l/l 895.
Please see file DSC_0097a with Vaiva.tion Order #7 / Form # 10? support
documentation.
8. 12" water main in 24" casing south of Toney Penna Drive
Valuation Station 15432+63 to 15032+63
Parcel #2 - Valuation Sectian 3/ Map 12
Encumbered Fee Simple Deed with Land Dedicated to Public Use on 1/11/1$95.
Please see file DSC 0097a with Valuation 4rder #7 / Form #1 Q7 support
documentation.
9. l8" water main. in 36" casing at mp 286+613 (in Frederick Small Road)
Valuation Station 15103+90 to 15103+90
Page 4 of 4
Parcel #3 - Valnation Section 3/ Map 12
Encunnbered Fee Simple Deed with Land Dedicated ta Public Use on 7/7i1893.
Please see file DSC 0097a with Valuation Order #7 / Form # 107 support
dacumentation.
10. Real Estate Lease dated October 14, 2009.
Based on previously reviewed infarmation and valuation documentafiion, the Real
Estate lease should be reviewed by the City af Jupiter Flozida City Attorney 1:0
determine the best path forward. It appears that the real estate covered by this
agreeznent is land owned by the federal government a.nd/or land dedicated to
public use. Please compare the enclosed valuation infarmation with the exhibit
"A" listed in the October 14, 2009 agreement.
The following loeations have been identified as Public Flighway RaiIroad Crossings:
272373Y - Tequesta Drive — FEC R.RMP 281.78
272375M - Riverside Drive — FEC RRMF 282.43
272377B - Indzantown Road — FEC R.RMP,283.60
272378H - Toney Penna Drive — FEC RRMP 284.14
Z73020P - Fredericic Small Roaci — FEC RRMP 286.12
David L. Thamas
Managing Member
Eagle 1 Resources, LLC
2572 Weston Street Office 334.209.0508
Auburn, AL. 36832 Mobite 334.546.8I66
E-mail dthomas(a�eaalei�
Web www.eaaleiresources.com
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U.S. DOT - CROSSING 1NVENTORY INFORMATION �
AS OF 311 712 0 1 4
Crossing No.: 2T2375M Update Reason: Chanyed Crossing Effectirre Begin-Date of Record: 09/20/11
Railroad: FFC Florida East Coast Railway, LLC . jF�C j End-[?ate of Rewrd:
Initlating Agen�y Railroad Type and Positiion: Pu6tic Af Grade
Part 1 Location and Classification of Crossing
Division: State: FL
Subdivisinn: County: PALM BEAGH
Branch or Line Name: A9.4/N Ciry: (n JUPlTER
Railroad Milepost: 0282.43 Street or Road Name: RlVERSlDE DR.
RailRoad l.D, tVo.: Highway Type & No.:
Nearest RR Timetable 5tn: JUPlTER HSR Corridor ID:
Parerrt Railroad: County Map Ref. No.:
Crossing Owner: Latitude: 26.9463460
ENS Sign installed: No Longitude: -80.09?4460
Passenger Servi�e: None LaULong Source: Neifher
Avg Passenger Train Count: 0 [�uiet Zone: No
Adjacent Crossing with No
Si:narafe Num6er_
Private Crossina Informatian:
Category: Pubfic Access: Unlviown
Specify 5igns: 5pecify Signals:
STtRR A STlRR B STlRR C STIRR D
Railroad Use:
State Use:
Narrative:
Emergency Contact: {SUQ}342-113t Railmad Contact: (800}342-1l3i State Contact:
Part I� Raitroad fnformation
Nurnber of Daiiy Train Movements: Less Than One Movement Per Day: No
Total Trains: 24 To#al 5witching: 2 Day Thru: 12
Typical 5peed Range Over Crossing: From 45 to 6U mph Maximum Time Table Speed: 60
Type and NumGer of Tracks: Main: 1 Other 7 Specify: SlDlNG
Does Another RR Operate a Separate Track at Crossing? Na
Does Another f2R Operate O�er Your Track at Crossing? No
U.S. DOT- CR�SSING iNVENTORY INFQRMATIC?N
Crossing 2T2375M Continued Effective Bagln-Date of Record: 09l20/41
End-Date of Record:
Part III: Traffic Control Device information
Signs:
Crossbucks: 4 Highway Stop Signs: D
Advancred Warning: No Hump Crossing Sign: No
Pavement Markings: RR Xirmg Symbols Other Signs: 7 Specify:
2 2 TRACKS
Train Activated Devices:
Gates: 2 4 Quad or Full Banier: No
Mast Mounted FL: 0 Total Number FL Pairs: 4
Cantilevered FL (Over): 2 Cantilevered FL (Not over): 0
Other Flashing Lights: 6 Specify Other Flashing Lights: GRTELIGNT
Highway TYaffic Signals: 1 Wigwags: 0 Bells: 2
Other Train Activated 5pecial Waming De�ices Not
Waming De�ices: Train Ac6vated:
Channelization: None Type of Train Detecfion: Cpnsfanf Waming T+me
Track Equipped with Yes Traffic Light Simultaneorrs Preemptlon
Train Sianats? Intercnnner.tinnlPreem�tinn:
Part IV: Phvsica! Charact�ristics
Type of Development: Residenfia! Smallest Crossing Angle; 60 fo 90 Degrees
Number of Traffic Lanes 4 Are Truck Pullout Lanes Present7 No
Crossing Railroad:
[s Highway Paved7 Yes
Crossing SurFace: Concrefe ff Other:
Nearby Intersecting
Highway? Less tf+an 75 feet Is it Signalized7 Yes
Does Track Run Down a
Street7 No Is Crossing Illuminafed? Yes
Is Commarcial PowerAvailable? Yes
Part V: Hiahwav Information
Highway System: Non-Federal-aid Fundional Class'rfication of Urhan Coltector
Is Crossing on State Rnad at Cmsainn�
Highway SysEem: Na
Annual Average Da(ly 070100 AADT Year: 2040
Traffic (AADT):
Estimated Percent Trucks: DO Avg. No of School Buses per Day: 21
Posted Highway Speed: 30
U.S. DOT - CROSSING INVENTt�RY iNFORMATION
AS OF 3/17/2014
Crossing No_: 27Z378H Update Reason: Chartged Crossing Effective Begin-Date of Record: 09/ZO/1 i
Railroad: FEC Florida Easf Coasf Railway, LtC , jFEC j End-Qate of Record:
Initia#ing Agency Raitr+aad Type and Positiion: Pubtic At 6rade
Part I Location and Classification of Crossing
Division: State: FL
5ubdivision: County: PAtM BEACH
Branch ar Line Name: 1WAlN City: fn JUPITER
RailroadMilepost: 0284.i4 5treetorRoadName: TONEYPElYNADR.
RailRoad I.D. No.: Highway Type 8� Na.:
Nearest RR Timetable Stn: W PALA9 8F_ACN HSR Corridor ID:
Parent Railroad: County Map Ref. No.:
Crossing Owner: Latifude: 26.88065l0
ENS Sign installed: Longitude: -8Q.095S010
Passenger Service: LaULang Source: Neither
Avg Passenger Train Count: D {�uiet Zone: /Jo
Adjacerrt Crossing with
Sanaratm Number:
Private Crossina Information:
Category: Public Access: Unknown
SpeciTy Signs: 5peciy 5ignals:
ST/RR A STIRR B ST/RR C 5T/RR D
Railroad Use:
State Use:
Narrative:
Emergency Corriact: (800)342-7i39 Railroad Contact: (B00)342•Jl31 State Contact:
Part II Railroad Information
Number of paily Train Movements: Less Than One Movement Per Day: No
Tota[ Trains: 24 Total Switching: D Day Thru_ t2
Typical Speed Range O�er Crossing: From 35 to 45 mph Maximum Time Tahle Speed: 60
Type and Number a# Tracks: Main: 1 Other 0 Specify:
Does Anofher RR Operate a Separate Tradc at Grossing? No
Dces Another RR Operafe Over Your Track at Crossinq? No
U.S. DOT - CROSSiNG INVENTORY lNFORMATION
Crossing 272378N Continued Effecdve Begin-Date ot Record; 09/20/4i
End-Date of Record: ,
Part Ill: Traffic Control Device Information
Signs: ,
Cross6ucks: 2 Highway Stop Signs: 0
Advanced Waming: Yes Hump Crossing Sign:
Pavement Markings: RR Xing SymboJs Other Signs: 0 SpeGfy:
0
Train Activated Devices:
Gates: 2 4 Quad or Full Barrier:
Mast Mounted FL: 2 To#al Number FL Pairs: 0
Carrtilevered �L (Over): 2 Carrtitevered Fl (Not over): 0
Ofher Flashing Lights: 0 Spec�fy Other Flashing Lights:
Highway 7ratffc Signals: 4 Wigwags: 0 Bells: 1
Other Train Acflvafed Speciai Warn[ng Devices Not
Waming Devices: Train Activated: '
Channelization: Type of Train Qetection: Motiaa Retecfors
Track Equipped with No Traffic Light Simulfaneous Preemption
Train Sianal5? IntPrr.rrnnacti�nlPreem�tio�:
Part lV: Phvsical Characteristics
Type of Development: Gommerc�a! Smallest Crossing Angle: 60 fa 9D Aegrees
Num6er of Traffic Lanes 4 Are Truck Pullout Lanes Present? Na
Crossing Rallroad:
ls Highway Paved? Yes
Crossing Surface: Concrete . If Other:
Nearby kntersecting
Highway? Less #harr 75 fee# Is it Slgnal"�zed?
Does 7rack Run Down a
Sfreet? No is Crossing Illuminated?
Is Commercial Power Availa6le? Yes
Part V: Hiqhwav Information
Hlghway System: Non-Federa!-afd Fundional Ciassfication of tlrban ColJecfo�
IS Crossing on State Road at Qms:sina:
Highway System: No
Annual Average Daily ppg390 AADT Year: 2010
Traffic (AAD'�:
EsBmated Percent Trucks: 00 Avg. No of School Buses Qer Day: �
Posted Highway Spaed: 0
I
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aa�LwAY
Rabert B. LcdaiLx
Senior Vicn P.res'scieut, Generpl Counsel
nnd Goc��rate Secrctaty
June 18, 20l4
Thnn�as J. �aix�d, �sn.
c/o 7"ativn af Tupiter
80I Iv1aple�rood Dxive
Ste, 22A
Jupiter, Fl��•ida 33458-8821
Re: A�,�reettie�rt betk�eerr Tlor�trla Etrst Cnasf Ratlway, L,L.G. {��FECR"},. Totvtt or
.TT!(J�fNt' (tlt� "Zice�rsee") and�llltiGonrd Flvr�'�Itr— Dper�r�iot�s LLC {"tt�iF" rvrf� �
r�grtrrl to ll:e di�crrrrrea�ts listed art Ex1YlGrt�I Icersto {ns atrr�e�tderl a�d r�ssigrted tv
dat�; the FsCr•r�.rsirig Agreeraierrts") r�latitzg to flte cr�ciss�rrgs r�eferericerf tlre�ein {the
«e �
Dear Mr, F3aird:
Ta�is lcttex sl�all s�rve tn ,�icriaorialize the agree�i�ent reached bet��reen �,icensee, �'E�R and AAI'
��elati�.g to Yl�e Crassing Agre�me�its �n �xistence tlZat govern the �rossings (as sucla Crossings a�•e }
�nore pat�cula�ly deFined in t�ie Crossing Agreernents) ��td tex•ms re[atu�g to the cot�s�.�ction, '
mau�fenance a�1d safety of stteh Crossings, Specilically, ant� without modification to any other #er��i,
obtxgatiox� Qr eondition set fortia in the CrQSSii�g Agreements, Licensee, T�ECR and AAF hereby agree �
ta th�e fpliozving t�rn�s and cor�d.��ons, �a�exclk`�nge fo.r good andvai�iable cansidera�io�i, �e reee�pt
�nd s�uf�iciency of w}uch axe hereby ackna�vledged by the parties: .
� AAF' is develaputg aii itite��city passcngei� rail service froni Iv�iami fa �rlaudc� (the
"P1ojeGt'°), �
•,A.AF slaall incUr the tlecessary a�id reasnnable capita] investn�ents to cani�alete t�e '
inirial instailat�an of ca•ossing impro.ve�netits �tt t�1e C.rossi�,gs ta #l�e extent req2ured for
#Ixe Project to com}�Iy «rith cuzx�ently �p}�licahle Iaws regas�ding safety at pr.tblic •
crossings ax��! comn�ence 1aassenger rai! scxvice (the "Initzal D�ve�o��nent Cost"). �t
is �alcnotivi�dged anti agz•ced, howevek, that #d�e �F's +��rnmztcx�ent ta cover the
I�litizl Deveiop�taent Cost for th� inst�llatian of cirossings im}�rovernci�� at il�e
Crossings for the Projeci shaiL ncst enc:c�raipass lhe co$t of atiy ather iti�protir��n�uts to
�Il� CtflSS111�S incictding at�y unproven�ents required or desired by Lic�ensee s��ela as �
those relaied to tlle establtshment of quiet zones. 'I Tnifia! Develo}�menl Cost �
�xpressly exclttdcs an�y and all costs relatecf ta suah otEier improve��ieilis. r
�
Is� causidex•ation of t[ie fozegaing, Licensee canfir�us the follavvin,g: '
• The Cinssiaigs, as impi�v�d. for tlie Praject, shal� continue to b�e govertxeci b�r t(ie
Ci•ossiiig Agreen�etrts.
. 4
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• The Lxcensec slial�l no# be respo�lsible fos• the It�itial Develop�nent Cast, but shall be • I
• liable for artay anti a�! otlier costs due under tl�e Ct�ossing A��eemex�ts �vi�tli respect to
the CYOSSings as i�np�•o�eci, gravicied,l�owe�er, tl�at Licensee shall be entitled to
recei��e an estimate of any �nd aIl cosis or expeiises ta be paid by Licensee purs�►ant
to the Crossin� Agreemeu�s at least ninety {90) days �n adva�ice af �he dale by wliich
p�ymen.t sha.11 be due.
+[�t1�' is an intcncled #liird-party bei�eftcialy v��e Crossiiig Agreernei�ts, with ti�e iy�ht
ta enforce �thc tern�s and cnaiditions tl�ereof. �
• Lxcept as expressly provid'etl Iierein tivitl� cogat�d to tlie planned inzprovements to, tlie
Crossiiigs, tlYe viitiat Deve(opSnent Coat �nd A.AF's betiefi�iAiy, stat�is, all of the
terms, oanditions, cot�e»a�zfs, ag�eements aiid uncierst�►�d�tlgs cantai�ied in tlie
Grossing AgL�e�nents sl�ali rentain unehanged aud izi fii(I foree ata.d effect, anci t]�e
, � s�ie are hereby e�gxessly ratifecl �.tid co�aft��x�ed by tl�e Licez�see, Tliis iilclu�les,
witliaut li�uitatioii, the Licensee's eontintiing �bligatians related to catlst�
maintenazace, safety, fu#ure chan�es ant� u�gracies to the Crossu�s and if�e -
I'6111]blll'5�117�IXt O�COS2S, m�ll of whicli wvo��d coni�nue to be gayerned by #he �rassing
Agreernents, p��ovidoci, howe�rer, @la� Licensee sh�ll be ontit[� to receive at�. �stin�ate
o�' any and all ensts or expenses to be paid by �icensee pursua��tt fo fhe Crossing �
�l.gree�nents at Ieas# ninety (90) day, s ii� advance oC the aate by wlucli �ayinent shall
be due.
�
If these tez�ns a��e acceptable, p�e��� s;gn tlais l�tt�r in the space �xovided at tl�c eaad af this signature !
p�ge a��d x•et�u'n that signed clocu�SenC to us. To f�►cili#ate tliis process, it is agreed t�Zat this lettet �vill
be ex�c:uted 'ui countei�ai�is, each af whi.ch tiviIl be dee�ned ta be a�a ociginal co�y o� tliis lettet and alI �
of �t�vl�ich, w�Ilen taken tagether, will be deetaied to canstih�tc ane and tlic same �greeme�t. I� is also
agieed tha.t signed catiuiterp�:ts may be trausailitted electz�onicaIly (as an Adobo PDF filej or by
facsimile, �ic� that deli�+ery in that �vay sl�all hava the gatne t`oree and effect as the delive�•y of
ot•igin�l sip��tt►.ues. AXso, this lctier wiI] 6e car�strued in accordance with the Ia�vs af�tk�� St�te.of
i'laric�a, without regazd to canflict af Iaws privaigl�s. Pl�ase ittiderstai�d, hov��ever, that thc tern�s af
fhis l�tte�� �nd any o�['er presex�ted l�c.rcz�1 �vil� cxpire and shall Ue nti�l1 �n,d void. on t1�c date tl��t is 1Z0
days of the date liereof if it h.as llot bcen �xecuied ani� iefttrueci to us by theu, Furtlier, if tk�e
imprave�ncnts at the Cr4ssiugs for ille Prajeet are not com�te#ed by Decexnber 31, 2018, tlie terins of
this iettex �itd any oifer presentecl herein wiit expire a�aci �vill be mtl! ar�d vosd. �
We da hape ta hear from �you saar� �nd look fozrvat�d ta warki_ug to�ether. If you slioutcl h�ve �ny
questions, please cantact Neii Sc1ai11eX• at Aecker & PoliTkpff (S6I) 655-5��4� or
zt�ch�l#er�n7,bplasal.cdtn.
S'iuCecely,
I�loricla East Caast Rail�v y, L,L,.C. All Abo xd ridQ — O�crations LLC
II C� �P ./� � a'-�.cY' B
�• . � � y .
i'riz�t Naine:�� �, �cQQU 1<' Priait Nai�le: P� !`+S tGk�}� .l��ctr�1 ING� I.
I'rint Title; ��'� Priut Title: ���Stb�1��'' � GD�} �
� � SQ PI11I1p5 H1gI1\VT3+� ,�i1C��C3Qt1VII�C, PL, 32256 i
' Tcle�l�one 904/279 3I 11-irobert.locfaux�frcrFVy.cona .
. �
Cc; Robert Ladoux, FECR -
Ma�•garita Mactinea Miguez, A.AF
AGRE�D, ACK1�TflWLTAGED AND CUNFIItN1ED: i
�y; . .
Print Narne;
�'eint Titl�•
�
7l SO Philips HIgittiva��, .lactssoi�ville, FL, 32Z56 .
Telephone 90At279-3 [ I t —robe�•t .ledotlXaf'ecrti4y .cam
, �
i
Exhibi# A .
Crossing Agreements Listing
F
284+75 Toney Penna
lupiter 0 Drive z�z378H l"own ofJupiter 1j3/89 �
Jupiter 2864zz Riverside Drive 27 Tawn afJupiter 9/3f92
.
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.. i. ' .... . . `�,�:.s Y.7 3e,� � 3 ..�3. . '.!,, ali�<':x .
T�orr�a� J. �3a�rd
Fiarida Bar E3oard Certified
City, Counfy and Lacal �averntnent Attorney
561-650-$233
Fax: 569-?46-6933
tbai rd @jonesr'oster. com
.luly �4, 2�14
VfA ELECTR(JN1C MAlL: nschiller@bplegal.com
Neil M. Schilier
Becker & Pofiakoff
Bank of America Centre
625 N. Flagler Drive, 7th Fioor
West Palm Beach, FL 3340�
RE; A!I Aboard Flarida - Grossinc,�. Agreement
Dear Mr. Schiiler:
1 am responding to your correspondence of June 18, 2014 to me in my capacity as the
Jupiter Tflwn Attorney. Qn behalf af FECR/AAF, yau proposed ta memorialize
amendments to twa CrossTng Agreements (Licenses) be�tween tfie Town and FECR.
Piease be advised that the Tawn Council continues to evaluate #he impacts AAF inay
have on it's residents, visitors, and businesses, and is not prepared ta amend the
Licenses between the Town and FECR' as yau have �raposed. �nce the Town
Counci! has react�ed a consensus regarding its poiicy with respect to AA�, I wiii respond
to you regarding �r�posed amendments to the Tawn's Licenses with FECR.
Very truiy yours,
JONES, FOSTER, JOHNSTQN & STUBBS, P.A,
_ ..- � -'/.Fr'^. ��_�_. � I���_��__._--
�:�.-�-�-
t�= .
�y
Thamas J. Baird .
TJB: mrg
Cc: Maya� 8� Councif
A. Lukasik, Town Manager
Thomas Drisco4l, Town Engineer
lyfjsp121appsldocs1Zfi5031fl00�711ir11 js2689.docx
� AAF did not exist as an entity when the parties entered into these Licenses. Cansequently, shautd the
�'owrt Council elect to amend these Licenses there may be add€tional amendments which are necessary.
;,J �y n t��',,..f :�2.�ir? �cF ;Y:"9. � �?< r
.., � r1i. j �ts:�'r. :_t: ......._ .�..... Y.._____._�..._—�.... ^ �79G I�
(�'v' � i :4 ` �'t:
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bv E;' � •.sEi'vE�S:{}S �'C7:.C't:."?i
First_Amendment to License Agreement
This First Amendment to the License Agreement between Florida East Coast
Railway, LLC ("FEC") and the Town of Jupiter ("Town") dated January 3, 1989 ("License
Agreement") is made and entered into this day of , 2014, by and
between FEC, the Town, and Afl Aboard Florida Operations, LLC ("AAF") (collectively
referred to as the Parties).
WiTNESSETH
WHEREAS, FEC and the Town have an existing License Agreement whereby
FEC permits the Town to use, for public at-grade crossir�g purposes only, that part of
FEC's right-of-way and property at the location described in Exhibit "A" attached to the
License Agreement ("Crossing Site"); and
WHEREAS, FEC and the Town have certain rights and obligations under the
terms of the License Agreement; and
WHEREAS, AA�' is developing an intercity passenger raii service frorn fVliami to
Orlando (the "Project"}; and
WHEREAS, the intercity passenger rail service developed by AAF wil! travel
along tracks and other praperty owned by FEC, including those located at the Crassing
Site; and
WHEREAS, in contemplation of the Project, AAF has agreed to make certain
capital improvements at the Crossing Site {the Crossing Site improvemetns) which are
deemed by the Town to be the minimum necessary and appropriate for public safety
and to comply with currently appiicable laws regarding safety at the Crossing Site; and
WHEREAS, AAF, FEC, and the Town agree thafi this First Amendmenfi to the
License Agreement is necessary and appropriate to recognize AAF as a third party
beneficiary of the License Agreemenfi; and
WHEREAS, this First Amendment esfiablishes the Parties righfis, obligations and
terms pertaining to the Project; and
NOW THEREFORE, in consideration of the mutual covenants set out in this First
Amendment and for other good and valuable consideration {the receipt and sufficiency
of which is hereby acknowledged), the Parties agree as follows:
1. AAF agrees to make the necessary and reasonable capital investmenfis to
complete the installation of fihe Crossing Site Improvements set forth in Exhibit "B",
which is attached hereto and incorporated herein. The Town acknowledges and agrees,
however, that AA�'s commitment to cover the Crossing Site Improvements at the
Crossing Site for the Project do not include the cost of any other improvements to the
Crossing Site required or desired by the Town, such as those related to the
establishment of quiet zones.
2. AAF shall indemnify and hold harmless the Town for any and all liabi�ity
refated to ar arising from its installation of the Crossing Site lmprovements required far
the Project as set forth in Exhibit "B".
3. To the extent not modified by this First Amendment, the License
Agreement shall continue to govern the Crossing Site.
4. The Town shafl not be respansible for the Crossing Site Impravements
made by AAF at the Crossing Site, but shall be liable for any and all other costs due
under the License Agreement with respect to the Crossing Site, as currently improved.
5. fn the event that the FEC or AAF propose any other improuements as the
Crossing Site, then, consistent with the License Agreement, the Tawn shal{ be entitled
to receive an estimate of any and aN costs or expenses to be paid by the Town at least
ninety (90) days in advance of the date by which payment shall be due.
6. AAF is an intended third-party bene�ciary of the License Agreement, with
the right to enfarce only the terms and conditions as are set forth in this First
Amendment. _
7. As befinreen the Tawn and the FEC afl of the terms, conditions, covenants,
agreements, and understandings contained in the License Agreement shall remain
unchanged and in fuH force and efFect, and the same are hereby expressiy ratified and
confirmed by the Town and FEC. This includes, without limitation, the Town's continuing
obiigations related to construction, maintenance, safety, future changes and upgrades
to the Crossing Site, and the reimbursement of costs, all of which will continue to be
governed by the License Agreement, except as modified herein.
IN WITNESS WHERE�F, the parties hereto have made and executed this First
Amendment to the License Agreement on this day of , 201A�.
TOWN OF JUPITER
ATTEST:
By: � By:
[Name and TitfeJ [Name and Tit1e]
(Town Seal}
APPROVED AS Tp FORM
AND LEGAL SUFFlCIENCY:
BY:
Thomas J. Baird, Town Attorney
Flarida East Coast Railway, LLC
(Seal}
By:
Print Name:
Print Title:
All Abaard Florida
{Seal)
By:
Print Name:
Print Title:
STATE OF FLORIDA ,
COUNTY OF
Swarn ta and subscribed before me this day of , 2014 by
who [] is personally known to me or [] has produced
as identification
{Notary Seaf} Notary State of Fkorida
Printed Name:
EXHlB1T A
DESCRIPTI�N �� R{VERSIDE DRIVE LICENSED AREA
A parcel of land with uniform width of 130 feet northwesterfy and
southwesterly, extending nor�hwesteriy and soutneasterly, across the
right-of-way and Main Tracks of the Railway a# Jupiter, Florida, with
longitudinal center fine of said parcei being located 277� feet, more or
iess, southwesterfy from Railway's Mile Post 282 from Jacksonville,
Florida, said right-of-way having a total width of 10� at this location, being
50 feet in width on the northwesterly and southeasterly sides respectivefy
of the centerline of the Railway's Main Track.
AH as shown colored in orange on the attached plan 550 {MP 282+227Q'}
dated November 16, 1979, attached hereto and made a part hereof.
EXHIBIT A
DESCRIPTION OF TONEY PENNA LICENSED AREA
A parcel of land with uniform width of 80 feet northeriy and southerfy,
extending easterly and westeriy across the right of-way and main track of
the railway at Jupiter, Florida, with iongitudinaf centerline of said parcel
being located 745 feet more or less southerly from Railway's Milepost No.
284 from Jacksonville, Florida, said right-of-way of the Railway having a
total width af 100 feet at this iocating, being 63 feet easterly and 37 feet
westerly of the centerfine of the Railway's main track.
A!{ as shawn colored orange on the attached Plan 550 (MP 284 + 745')
dated May 20, 1987, attached hereto and made a part hereof.
EXHlBIT B
List of Capital improvements For Crossing {mprovements to be made by
AAF at the Crossing Site.
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Memo
To: Honarable Mayor and Tawn Cauncilors
From: Thomas J. Baird & Nicofe Kuncl
Date: August 15, 2014
Subject: Proposed Amendments to License Agreemenfis Between Florida
Easfi Coast Railway and the Town of Jupifier
I had a discussion with Councilor Harrison regarding a letter l received from Aii
Aboard F4orida's attorney. This letter was intended to affer amendments to the
Town's License Agreements wifih the Florida East Coast Railroad. As a result of
my discussion with councilor Harrison, I am praviding Cauncil with summaries of
the License Agreements between Florida East Coasfi Railrrvay ("FEC") and the
Town of Jupiter ("Town") dated (1) January 3, 1989 {"Toney Penna License
Agreement"}; and (2) September 3, 1992 {"Riverside License Agreement"). Part
{3� of this memo expfains fihe differences betwaen the two License Agreements.
Part {A�) presents fihe proposed amendments fia the Licenses presented in a letter
from Neil Schiller, Esquire, attarney for FEC and A!I Aboard Florida �"AAF").
(1) Tonev Penna License Aqreement
Genera� Provisiarrs
Effective January 3, 1989, FEC gave and licensed to the Town the righfi
and privilege to use, for public at-grade road crossing purposes onfy, FEC's right-
of-way and property at the rai{road crossing site located on Toney Penna Drive.
TF�e Town is a licensee, nat a lessee; while tF�e Town has the right to use tF�e
crossing site, FEC retains legal possession.
The License Agreement has a term of one year. However, it provides fiF�at
if the Tawn holds over and remains in possession after the expiration of this term
or any renewafs fihereof, fihe License Agreement is considered renewed, unless
FEC givss sixty days' written natice of fierminatEOn. in this manner, the 1,icense
Agreement cantinues in effect from year to year, subjecfi to the terms and
conditions cantained therein.
In the event that the Town fails fio comply wifih any of its obligafiions under
the License Agreemanfi, fihen fihe License Agreement is void and shall terminate.
fn thafi case, FEC has the full right to re-enfier, repossess, and remove fihe
railroad crossing if it elects to do so.
August 15, 2014
Page 2 of 10
Restrictians on Use
The License Agreement permits the Town to use the crossing site only for
the purpase of public at-grade road crossing across FEC's r9ght-of-way and
tracks. The Town may not take any action that will prevent or restrict the
operations of trains over the crossing s�te. No pipe, wire, rail, or other line or
structure may be placed in or an the crossing site without FEC's previaus
consent. At the Town's expense, and withaut cost to FEC ar lien upon FEC's
property, the crossing site and the additional portians of FEC's right-of-way
extending 325 feet to the north and south af the crossing site must at afl times be
kept clear of any vegetation or other growth greater than twa feet in height on
each side of the tracks.
Crossing Sr�e Facilifies
Under the License Agreemenf, the Town agreed to grant FEC all
necessary permits for the installation, construction, erection, repair, and
maintenance of any facilifies owned or maintained by FEC descri�ed in the
License Agreement. lJnless Qtherwise specified, the Town has sole respansibility
for the cost of insta!lation, construction, maintenance, and replacement of all
facifities at the crossing site, including but not limited to the crossing structure
and railroad and highway devices, whether perFormed by the Town or by FEC.
FEC may, at its option, pertorm maintenance and repfacement work at the
crossing site and bill the Town directly for costs thus incurred that are the Town's
responsibility.
FEC agreed to install the necessary signal devices at the Town's soie
cost. FEC musf also maintain and repiace the flashing lights, bell, and gates
("railroad devices°) at the crossing site; however, the cost of annual maintenance
of the raifroad devices is d9vided equally between ifie Town and FEC. These
raiiroad devices are owned by FEC, and shall remain at the crassing site until the
parties agree tfiat they are no longer needed or other legal requirements
eliminate or substantia[ly change the operafian of the railroad devices.
FEC further agreed to relocate and replace the then-existing 44 foot wEde
modified Type "T" crossing structure located at the crossing site with a�4 foat
wide Type "Tu modified concrete crossing structure at the Town's sole cost.
When FEC determines that replacement of ihe new crossing sfructure is more
economical than continued ma+ntenance, FEC has the exclusive option to
replace the structure with a comparable or improved facility. Replacement,
repair, and maintenance casts of the new structure are the Town's sole
responsibility. The Tawn, at its sofe expense, must maintain and replace the
remainder of the road inside F�C's right-of-way, plus any paving located
between the ends af the ties. Af the Town's expense, FEC will provide a flagman
at the crossing site whiie work is being performed by the Town.
August 15, 201�
Page 3 of 10
Under the License Agreement, FEC reserved the right to make any
changes at any future time in its tracks or other fac�lit�es, incfuding the
installation, maintenance and operation of any additiona{ tracks or ather facil�t�es
on its right-af-way at the crossing site. The Tawn must bear the total expe�se of
any changes ar additions to the pavement, railroad devices, other railroad
signalization equipment, and crossing structure at the crassing site, whether
these changes or additions are required by law or order of any pub(ic or judicial
authority, dane vo{untarily by FEC, or requested by the Town.
The License Agreement requires the Town to install, maintain, and rep{ace
alf necessary drainage facilities ta prevent accumufation of surtace water due ta
the existence of the crossing site. These faciiities must first be approved by FEC
and any other governing bodies with jurisdiction, and the operation of these
facilities is subject at afl times to their approvai. An additional ficense agreement
may or may not be required by FEC, depending on the type, size, depth, and
other specifications of the propased facilities. The License Agreement further
requires the Town to instaff, maintain, and rep{ace lighting facilities adequate to
comply with state law covering illumination of road crossings at or near the
crossing site. The Town must alsa pay al! electricity bi{is for the lighting and
i1luminatian of the crossing site.
Finally, at the terminatian of the License Agreernent, or upon termination
of the Town's use of the crossing site, the Town must remove, at its entire cast
and expense, the road and all nan-FEC owned improvements placed on FEC's
right-of-way and restore the ground to its originaf conditian.
Ofher Canstruction Requiremenfs
Urtder the terms of the License Agreement, the Town has sole
responsibifity for the installation, maintenance, and replacement of railroad
advance warning signs and pavement markings on any road approaching the
crossing site, ali of which will be at the Town's sole expense.
The Town must include in any contract for work to be pertormed under the
License Agreement by or for the Town each of the terms and conditions af the
"lndemnity to the Florida East Coast Railway Campany and Contractual Liabifity
Endorsements ta Contractor's Pubiic Liabiiity and Property Damage L�abi{ity
lnsurance Policies During Such fndemnities" and "Insurance for Benefit of Fiarida
East Coast Raifway Company to be Obtained, Kept in Fuil Force and Effect at
Cost of Contractor".
The License Agreement further requires the Tawn to give FEC ane week's
advance notice when the Town or its contractor or anyone cfaiming under the
License f�greement propases to enter the crossing site to perform work under the
License Agreement. in emergency situations, however, only such advance
notice as is practicable is required.
August 15, 2014
Page 4 af 18
The License Agreemenf specifically places the Tawn on notice thaf its
persannef w[ll be working in an area containing active fiber-aptic transmission
� cable, other cables, and other facilifies, and the Town is required to take great
care to ensure that no damage is done to these cables and facilities. lf a cable or
other facility is damaged ar cut, the Town agrees to indemnify FEC to the extent
permitted by faw for any monetary damages that may result. The Town is
required under the License Agreement to secure insurance to caver this
abfigatian.
Finally, the Town must indemnify and hald harmfess FEC for assessments
ar ather charges of any kind against FEC at any time far any portion af public
improvements installed on or within 20Q feet of the crassing site ar arising out of
the existence af the crassing site.
Miscellaneous
If any provisian of the License Agreement is held invalid, illegal, ar
unenforceable, the validity, legaf[ty, and enforceability af its remaining pro�isians
wilf nat be affected or impaired. Florida law governs the License Agreement,
which is fihe complete and exclusive s�atement of the agreement between FEC
and the Town regarding the crossing s[te on Toney Penna Drive. Any future
change or madification of the License Agreement must be in writing and signed
by .both parties. The License Agreement cancelled and supersedes the license
agreement between FEC, the Ffarida Department af Transpartatian, and Palm
Beach County dated January 5, 1982.
(2) Riverside License Aqreernent
General Provisrons
Effective September 3, 1992, FEC gave and licensed ta the Town the right
and privifege to use, for pub{ic at-grade road crossing purposes aniy, FEC's right-
of-way and praperty at the raitroad crassing site facated an Riverside Drive. The
Tawn is a licensee, not a lessee; w�i{e the Tawn has the right to use the crossing
site, FEC retains legaf possession.
The License Agreemenfi has a term af one year. However, it provides fihat
if the Town hofds aver and remains in possession after the expiration of this term
ar any renewals thereof, the License Agreement is considered renewed, unless
FEC gives sixty days' written natice of termination. In this mannef, the License
Agreemenfi continues in effect fram year ta year, subject to the terms and
conditions contained therein.
1n the event that the Town fails to camply with any of its abligations under
the License Agreement, then at FEC's option the License Agreement shall
August 15, 2014
Page 5 of 10
terminate. ln that case, FEC has the fu{l right to re-enter, repossess, and remove
the railroad crossing if it elects to da so.
Restrictions on Use
The License Agreement permits the Town to use the crossing site only for
the purpose of public at-grade road crossing across FEC's right-of�way and
tracks. The Town may not take any action that w�ll prevent or restrict the
operations of trains over the crossing site. Na pipe, wire, raif, or ather line or
structure may be piaced in or on the crossing site without FEC's pre�ious
cansent. At the Town's expense, and without cost to FEC or lien upon FEC's
property, the crossing site and the additianal portions of FEC's right-of-way
extending 325 feet to the narth and south af the crossirrg site must at a1! times be
kept clear of any vegetation or other growth greater than two feet in height on
each side of the tracks.
Crossing Sr'fe Facilities
Under the License Agreement, the Town agreed to grant FEC a{l
necessary permits for the installation, construction, erection, repair, and
maintenance of any facilities owned or maintained by FEC described in the
License Agreement. If the Town fails to promptly grant FEC necessary permits
for repair or maintenance af its tracks or facilities on or about the crassing site,
the Tawn must bear all additianal expense incurred by FEC as a result of such
failure, incfuding costs due to slow ordering of trains. The Town must promptly
pay such amounts upon rendition of appropriate bil{ing by FEC.
Unless otherwise specified, the Town has sole responsibility for the cost of
installatian, construction, maintenance, and repfacement of al{ facifities at the
crossing site, including but not limited to the crossing strucfiure and raifroad and
highway de�ices, whether performed by the Town or by FEC. FEC may, at its
aption, perform maintenance and replacement work at the crossing site and biff
the Town directly for casts thus incurred that are the Town's responsibility. The
Town must promptly pay FEC all charges for maintenance, replacement, repair,
or otherwise of the facilities at the crossing site upon being billed by FEC.
Failure to promptly pay constitutes defauft by the Town and enabfes FEC to
ferminate the License Agreement.
FEC agreed to maintain and replace the flashing fights, bell, and gates
("railroad devices") at the crossing site; hawever, the Town is responsible for
one-half af the cost of annual maintenance of the railroad devices. These
raifroad devices are owned by FEC, and shal{ remain at the crossing site until the
parties agree that they are no longer needed ar other legal requirements
eliminate or substantially change the operation of the railroad devices.
August 15, 2014
Page 6 of 70
When �EC determines that repfacement of the crossing structure is more
economical than continued maintenance, FEC has the exclusive apt�on to
replace the structure with a comparab{e or improved facility. Replacement,
repair, and maintenance costs of the new structure are the Town's sale
responsibility. The Town, at its sole expense, must maintain and rep{ace the
remainder of the road inside FEC's right-of-way, plus any paving located
befinreen the ends of the ties. At the Town's expense, FEC wil! provide a flagman
at the crossing site while work is being performed by the Town. �
Under the License Agreement, FEC reserved the right to make any
changes at any future time in its tracks or other facilities, including the
installation, maintenance, and operation of any additional tracks or other facilities
on its right-of-way at the crossing site. The Town must bear the tota! expense of
any changes or additions to the pavement, railroad devices, other railroad
s�gnalization equipment, and crossing structure at the crossing site, whether
these changes or additions are required by law or order of any publEC or judicial
authority, done voluntariiy by �EC, or requested by the Town.
The License Agreement requires the Town to install, maintain, and replace
all necessary drainage facilities to prevent accumulation of surtace water due to
the existence of the crossing site. These facilities must first be approved by FEC
and any other governing bodies with jurisdiction, and the operation of these
facilities is subject at all times to their approval. An additionai license agreement
may or may not be required by FEG, depending on the type, size, depth, and
other specifications of the proposed facilities. The License Agreement further
requires the Town to insta{l, maintain, and repface lighting facilities adequate to
compfy with state faw covering illumination of road crossings at or near the
crossing site. The Town must also pay all electricity bi11s for the lighting and
illumination of the crossing site.
Finally, at the termination of the License Agreement, or upon termination
of the Town's use af the crossing site, the Tow� must remove, at its entire cost
and expense, the road and all non-FEG owned improvements piaced on FEC's
right-of-way and restore the ground to its originaf condition.
Other Construction Requirements
Under the terms of the License Agreement, the Town has sole
responsibility for the instaUation, maintenance, and replacement of railroad
advance warning signs and pavement markings on any road approaching the
crossing site, ail of which wil! be at the Town's sole expense.
The Town must include in any contract for work to be performed under the
License Agreement by or for the Town each af the terms and conditions of the
"Indemnity to the Florida East Coast Raiiway Company and Contractuai Liabif9ty
Endorsements to Contractor's Public Liability and Property Damage Liability
August 15, 2014
Page 7 of 10
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".
The License Agreement further requires the Town to give FEC one week's
advance notice when the Town or its contractor or anyone claiming under the
License Agreement proposes to enter the crossing site to perform work under the
License Agreement. In emergency situations, however, only such advance
notice as is practicable is required. At all times that the Town's personnel are on
FEC's property, they wiA be accompanied by an FEC representative, and the
Town must bear any cost involved.
The License Agreement specifically places the Town on natice that its
personnel wi11 be worlcing in an area containing active fiber-optic transmission
cable, other cables, and other facilities. ff a cable or other facility is damaged or
cut, t�e Town agrees to indemnify FEC to the extent permitted by law for any
monetary damages that may resuft. The Town is required under the License
Agreement to secure insurance to cover this obf�gation.
Finally, the Town must indemnify and hofd harmless FEC for assessments
or other charges of any kind against FEC at any time for any portion of pubiic
improvements installed on or within 2Q0 feet of the crossing site or arising out of
the existence of the crassing site.
Miscellaneous
If any provision af the License Agreement is held invalid, illegal, or
unenforceable, the �alidity, legality, and enforceability of its remaining provisions
wifl not be aifected or impaired. Fiorida law governs the License Agreement,
which is the complete and exclusive statement of the agreement between FEC
and the Town regarding the crossing site on Riverside Drive. Any future change
or modifcation of the License Agreement must be in writing and signed by both
parties. The License Agreement cancelled and supersedes the license
agreement between FEC and Palm Beach County dated April 14, 1980.
(3) Differences Between License Aqreements
The Toney Penna License Agreement and the Riverside L9cense
Agreement are nearly identical, but there are a few subtle differences befinreen �
the two:
• The Toney Penna License Agreement provides that it sha{l be void and
shall terminate in the event that the Town faifs to comp{y with any of its
obligations under the License Agreement. The Riverside License
Agreement, on the other hand, provides that it shall be terminated at
August 15, 2014
Page 8 of 10
FEC's option in the event that the Town fails to cornply with any af its
obligations under the License Agreement.
• ln both License Agreements, the Town agrees to grant FEC all
necessary permits for the installation, construction, erection, repair,
and maintenance of any facilities owned or maintained by FEC. Un{ike
the Toney Penna License Agreement, however, the Riverside License
Agreement further provides that rf the Town fails to promptly graRf FEC
necessary permifs for repair or maintenance of its tracks or facilit�es,
the 7own must bear all additiona! expense lrrcurred by FEC as a result,
incfuding costs due to slaw ordering of trains, and that the Town must
promptly pay such amounts upon being billed by FEC.
• The Toney Penna License Agreement provides that the cost of annual
maintenance of the railroad devices is divided equally between the
Town and FEC, whi{e the Riverside License Agreement provides only
that the Town is responsible for one-half of the cost of annual
maintenance of the railroad devices. The Riverside License
Agreement daes not expficitly state that FEC is responsibfe for the
ather half.
• The Toney Penna License Agreement provides that FEC wi11 install the
necessary signal devices at the crossing site at the Town's sole
expense. The Riverside License Agreement, on the ather hand,
inciudes no provision for the installation of necessary signal devices.
• The Toney Penna License Agreement provides that FEC wifl relocate
and replace the existing crossing structure located at the crossing site
at the Town's sole cost. The Riverside License Agreement includes na
such pro�ision, presumabfy because there was no preexisting crossing
structure {ocated at that crossing site.
• The Riverside License Agreement requires that at all times the Town's
personnel are on FEC's praperty, they will be accompanied by an FEC
representative, and the Town must bear any cost invo{ved. The Toney
Penna License Agreement does not inc{ude this pravision.
• Both License Agreements provide that unless otherwise specified, the
Town has sole responsibility far the cost of instaiiation, canstruction,
maintenance, and repiacement of all facilities at the crossing site,
� whether perFormed by the Town or by FEC, and that FEC may, at its
option, perForm maintenance and replacement work at the crossing site
and bill the Town directly for costs thus incurred that are the Town's
responsibility. Unlike the Toney Penna License Agreement, however,
the Riverside License Agreement further provides that the Town must
promptly pay FEC all charges for marntenance, replacement, repair, or
August 15, 2�'f 4
Page 9 of 10
otherwise of the facitities at the crossing sit'e upon being b�Iled by FEC,
and that failure to promptly pay c�nstitutes default by the Towrr and
enables FEC �o ferminate fhe License Agreemenf.
• Both License Agreements include certain requirements regarding
active fiber-optic cables, other cables, and other facilities located at the
crossing sites. However, the Toney Penna License Agreement
requires the Town to take great care to ensure that no damage is done
to these cables or other facifities when working in the area. The
Riverside License Agreement does not include this specific provision.
(4) L,etter Proaosinp Amendments to the Licenses
In a June 'f8, 2014 fetter from Neil Schiiler, Esquire, as counsel for
FEClAA�' he proposed to "memoriafize" the agreement between the Town, the
FEC, and AA� refating to Grossing Agreements.� I am of the opinion that the
letter as written, is not sufficient in its legal form or content to amend the Town's
two Licenses. i believe a formal amendment to the two Licenses is appropriate,
rather than the letter which was provided by Mr. Schiller. This can be rather
easily accomplished, if it is Council's desire to do so. A discussion of the
deficiencies in the content af the letter fof{ows.
in the letter, AA� propases to pay the necessary and reasonable costs to
instal{ certain improvements at the crossing sites on Toney Penna Drive and
Ri�erside Dri�e. The letter describes the improvements for which AAF will be
responsible as being "limited to those necessary to commence passenger rail
service and to comply with current laws regarding safety at public crossings."
However, the letter does not pro�ide details of the proposed improvements to the
crossings. The Palm Beach Post has reported that these proposed
improvements include the relocatian and replacement af warning devices at
crossings. The fetter also proposes that AA�' will pay for severai "safety features"
that are required before a quiet zone can be established. These improvements
are reported to include equipment that wifl pro�ide a more consistent waming
time before trains arrive at crossing, afert train crews of crossing malfunctions
and fog the acti�ation of warning devices. Again, howe�er, there are no
specifications as what this equipment may be. The Town should request the
details of these improvements so that they can be incfuded in a formal
amendment to the two License agreements_
The letter also states that AAF wifl not pay the cost of any other
improvements to the crossing sites, including those required to establish quiet
zones. As has been pre�iously reported to Counci{, the MPO is pursuing a grant
' The Crassing AgreerrEents which Mr. Schiller referred to are actually the License Agreements
summarized abo�e.
August 15, 2014
Page 10 of 10
which would allow for the installation of gates ta block traffic on both sides of the
tracks at crossings, which is a necessary component of quiet zones.
The letter also states that the Town will thereafter continue to be
responsibfe for the existing costs detailed in the License Agreements, and will be
responsible for the improvements installed by AAF. Finally, the letter states that
AAF wauld become a third-party beneficiary af the License Agreements under
the proposed amendments, and as such would have the right to enforce the
terms and conditions of the License Agreements. If AAF is inciuded as a party to
the amendments to the twa License Agreements, it would have standing to
enforce the terms of the License Agreement. Of equal importance is that the
Town would have the right to enforce the Licenses again both the FEC and AAF.
Please contaat me at yaur convenience shoufd you have questions, or
wish to discuss this memo further.
CC: Andy Lukasik
Thomas Driscol{
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- Robert G. AboQd, Esqua.re
Flvr.xda� �ast Gaaat Railroad .
155i} Pzudenti�al Drive� Suite 4C}Q
�ack�ot�ville. Flarids 322t�7'
Re: F�C Lia�ase Agreem�nt �ith Town of Jupiter far �cney
. Penaa Grade_Cro�si�� �t FEC mile pt�st Z84+?4S'
- . . Dear Mr . Ah�o�+d : .
raClaae.d - are r3�,plicat�a oriQin�ls at the �bavs cro�sinq
mt8tinte�tari�e aqr.e�m+�rit� whi�h ha� been d�iy axecut�d h� the Town
o�. Jupiter. The To.�n a�aul,d like ta har�e this agre�rn�nt � pracessed
at yaur e�r�iest apper�.unity sc �hat the crogsin� recanstzttcti.dn
wos'k t�n sta�rt as - s.aon as pa�sible . .
w� aiCe se�s+dinq you the a�resrnent in tlt� oriqinal fa:rm i� ozd+er tu
campT;ete �hi� �atter arid mee� �h� scn��3uling r�cjuirements o� the
_ - Tt��n' ��can�ract�,r. 4�herwi.se we �ou.ld Zos� the bid with � cur
_ contr�etar �nd w� a��3vld be uaable to re�chQdule th� Work in
- coordinati4n_Kith�other m�jor road i,mprovet�ents gr�aently u�der
wny 2►�. th�,� ld�ation. .
In rsq�rd ta t�� teleph��$ di�s�u$�ivns aad �orre�rpandance with $ou
in. ani e��ort to clarif� th� provi�3r�ns o� t�e a��eement, I wat�ld
like to x��iterate t3�e Town's posit�an �hat �.he g�ub],ic atagrrade
r�r.atc3 crassf�tq af tt�a RAILFtAY`5 righ�--�E—oraY �nd trr�ck� grosentlY
e�istiag at. Tonep Perin� Dri�ve ha� b��n au�hariaed by a pera�it
duly issued hy the Florida D�ipaxtm�nt of Tran�pozt�ati�n dt�aT��
pursuant to = its st�ltutory authority as a req�ulat�ry ag�ncy aver
zailr+�ad gr.ade_.crassings under Chapter 3�.5.].41 F1oriSa Statut�s
_. , (398? } .
;�
Al,tht�u�th this a�reemez►t sp��ks i� t�erm.s c�f th� FEC' s z�ig.ht ta
unil�ter�lly r�mov� this rei�.raad crossinq t_he Tos�n maintaa,ns
that na suc�s termina�ian �an accur vriChs�ut th�.cancurre�ce and
.. au�horizatir�n_o.� DOT, s�o Ionq as DUT retains jurisdi�ti�►na1
-- autharity �ver grade- crrss�ittS��. The �oo�n doea not int�nd that
its. executicsr� of this aqree�nent �hall aet as a v�aiver �f it�
riqht t4 pet�.ti4ix DOT for the coati.nu:ation of � tt�is grad�e
erassing.
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I trust you wi11 accept the abrave �omtn�ents as ax� expressio� cf �;i
the Tvw�,' S expectancy in the carstinuation oi this �rade crossinq '�
aac� its . understaading of DoT's function �s the jurisda.ctianal `��
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aqen�p in re�ard thereto, `�
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Sincerely !'�
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Jup�.ter Tow� Attor�,�y �;
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ca: W.S, stakely. Chief Engineex. FFC�; �if
�d �.adsaa� D0�
� - Town ot Jt�piter 4
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•' THI.S LICENSE AGREEMENT, to be effective �ro�n the .3�a
��Y p� r��'►r�rr�A�,r , 1985, is betwe+�n the FLORIDA EAST
CQAST RAILWAY COI�PANY, (Address: Post OfPic� Drawer 10�8,
S'�. Auguatine, Flarida 32t?$� ), a Florida corporati.on
hereinafter called "RA�LWAY" and TOW�I OF JUPITER, a .
municipal caz�poration of the State a#' FlariQa, �Address:
21� Military. Trail, Jupiter, FL 3345$3, hereinaPter called �
"SECOND PARTX" �
�
WITNESSETH: �
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That the RAI�,I�AY', .� for v�Iuable consideration and the 1
- �
-, ''-.� cavenants and agreements herein cont�ined to b� gerfar�ted ii
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- _'- '_ and kegt by the SECaND PARTY, dv�s hereby give and license �
' __ ki`;
. _��'. unto the SECQN� PAI�T�` the right and privilege ta us�, Por "!
, - �.�
_ ,- -- �publ3� at-grade r�ad cr�►ssing purposes anly, that part c�f ��'
;:
---. ' the right�o�-way aczd property of the RAILWAY at ttxe �,ocation �r��
_. .. ... ;�fi
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_ des aribed � as �'ollows, and here.ina�'ter referred ta as the ;,;
-�. .
---. °crossing site°: - , �i;
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SEE EXH�SIT �A" ATTACH�D I�RETQ. '�
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T� 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 tQ use the
cro�sing site as speciPied herein, but legal possession of
the crossing site shall remain xith the RAILWAY.
In conaideration of the granting of this Agresment by
the RAILWAY, the SECOND PARTY covenants and agrees with the
RAILWAX as fallows:
1. That the crosaing site shall be used for public
at-grade road crossing gurposes only across the RAILWAY�S
right-af-way and tracks, and except herein provided, no
gipe, wire, rail, or other line or structure shall be placed
in or on the crossing site Kithout the previaus consent in
writing of the RAILWAY. SECOND PARTX further agrees that
the crassiag site, together with the additional portions af
the i�AILWAY' S right-of-way .within 325 �eet of the ncrrtherly
and southerly limits aP boundaries of the crossing site,
will at all times be kept clear of any vegetation or other
growth greater than two �eet 3.n height on each side of tne
tracks at the expense oP SECOND PARTX and without cost to
RAILWAY or lien upoa RAILWAY'S property. ,
2. This Agreement is far the term af one (I ) year, if
SECOND PARTY holds over and remains in possession a.f'ter the
expiration of such term ar of any renewals thereof, this
Agreement shall be considered as renewed unless sixty days'
written notice of the termina�ion of same has been or is
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given by the RAILWAY and shall cantinue in effect from year
ta year, sub,�ect ta the same terms and conditians as herein
contained.
3. The pravisians and stigulations af this Agreement
are a part of the cansideration of the liaensing of the
crossing site, and in the event the sa3d SEGOND PARTY sha21
fail tc comply with any af the cavenants and canditians,
then this Agreement shall be vaid and shall terminate with
full right on the party o:° the RAILWAY ta re-enter, repos-
sess, and remove the crossing �if it shall eleat to do so.
�p .The SECOND PARTY hereby grants unta the RAILWAY ,
� neeessary permits for the installation, canstruction,
ereation, repair, and maintenance of any of the RAILWAY
owned or maintained facilities described in this Agreement.
5. [Tnless otherwiae speoiPied� the cost of
installation, aonstruction, maintenance and replacement of
al� facilities at the crossing site, including but nat
limited to the oroasing structure and railroad and highvray
devices whether per�ormed by the SECOND PARTY ar RAILWAY,
sha21 De tlxe sole responsibility of the SECOND PARTY.
Further, cost for annual maintenance oP the railroad de�ices
as defined in Paragraph 8, shall be divided equally by the
parties. The RAILWAY may, at its option, perform such
maintenance and raplacenent work and bill the SECOND PARTY
directly for costs thus inc�.rred that are the responsibility
o�' the SECOi�D PARTY. Costs far annual maintenance of the
railroad dev�.ces, shall tse the costs for one set of �lass
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. ...
III Type IV signal devlces in the total amount of $980.00
per year. The RAILWAY will install the necessary signal
devicea at the sole cost of the SECOND PARTX. Installation
costs are eatimated to be �35,453.00 as shown on the
estimate for signal installation attached and incarporated
by refet�ence.
5. The RAILWAX shall relocate and replace the existing
44 foot wide modified Type "T" crossing structure presently
located at the CROSSING SITE with a 54 foot xide Type nT"
modiPied cancrete cro�sing struature (hereinafter rePerred
to as "Str�zeture") at the aole co�t of the SECOND PARTX.
Said cost estimated to be $44,553.'D4 (see attached estimate,
incorporated by reference.) When the RAILWAY determines
that the replacement of the nex STRIICTURE i$ more economical
than its continued maintenance, the RAILWAY shall ha.ve the
exclusive option to replace the STRUGTURE �r1th 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 FAR'TY shall,
at its sole expense, maintain and repl.ace th�e remainder of
the road inside the RAILWAY's right-of-way, plus any paving
which may be located between the ends of the ties. The.
FiAILWAY shall provide a flagman at said crossing site while
work is being perPormed by the SECOND PARTY under the
provisions of this Agreement, at the total expense of the
SECOND PARTY.
7. The SECQND PARTY agrees, acknowledges and under-
stands that the RAILWAX reserves the right to make any
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ehangea at any future time ir� its existing tracks or other
f acilities, inaluding the installation, maintenance and �
operation oP any additional track, or tracks or other
facilities on its right-of -way at the crosaing site. The
SECOND PARTY agrees� to bear the total expense of any
changes, ar additions to the pavement, railroad devices,
, o�her railroad signalization equipment, and crosaing
structure at the crossing site whether these changes or
additions are required hy law or order of ar�y publiC or
�udicial authority, dane voluntarily by the RAILWAY, or
requested by .the SECOND PARTY.
- 8. The RATLWAY shall maintain and replace flashing
lights, bell and gates (Class III, Type IV), referred to
3ointly as "railroad devices" at �he crossing site. SECOHA
PARTY shal}. pay unto RAILWAY one-half �he annual cast of
maintenance of said autamatic crossing protectio.n devices aa
provided in the Florfda Degartment of Transportation's
SCHEDULE OF ANNUAL COST OF ATITOMATTC HTGHWAY GRADE CROSSING
TAAFFIC COi3TR�L DEVTCES as may be amended, said aum for
annual maintenanae c.urrently being �9$�.QO. The afore-
mentioned railroad devices are owned by the RAILWAY, and
shall remain at the crossing site until it ia agreed between
the parties that the railroad devices are no longer needed
or other legal requiraments are imposed which shall
eliminate ar substantially change the ogeration of the
ra3lroad devices.
9. The SECflND PARTY agrees that it will install, raain-
tain and replace aZl necessary drainage faci2ities to
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prevent the accumulatiort o�' surface water due to the
existence of the crossing site. Such facilities must first
be appraved by the RAILWAY end any other gaverning badies
having �urisc3lction thereaP and operation oP the facilities
shall al�o be aub�ect at all times ta their approval. An
additianal Iicense agreement may or may not be required by
the RAILWAY, depending upan the type, size, depth and other
speciPica.tions oP the proposed Pacilities, as submitted to
the RAILWAY.
10. Lighting Pacilities edequate to comply with the
requirements oF the Iaws of the State aP Florida covering
illumination of road crossings shall be installed, main-
tained, and replaced at ar near this crossing site by the
SECOND PARTY.
11. The SECOND PARTY further covenants to pay, either
directl.y or upon bills presented unto SECOND PARTY by the
RAILWAY within thirty (3�} days aPter presentation•oP the
same, alI bills Por electricity for the Iighting a.nd illumi-
nation of the crossing site.
12. At the termination of this Agreeaent for arny caus�e,
ar upon term3nation of the SEC(}ND PARTY'S use of the cros-
sing site as here3n c3escribed, the SECOND PARTY shall,
remove, at its entire ca�t and expense, said road and aII
non-RAILW!!Y owned 3�provements placed upon the RAILwAY's
right-oP-way and restore the graund to its orig3nal
cond3tion.
13. SECOND PAR'�'Y shall 3.ndemn3Py and hoZd harmles�
_�_
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RAILWAY for assessments or other charges of any kind
what�oever against the RAILWAY at any time Por any portion
of public improvementa installed on or within txo hundred
(200} feet of the crossing site ar arising out af the
. exiatence af the crosaing site.
14. The SECOND PARTY shall not take any action that
will prevent ar tenQ to restrict the operations o£ traina
over the croasing site.
15. The SECOND PARTY will incl�de in aztp contract which
it may let for the whole or anp part o� said work to be per-
�ormed hereunder by or Yor the SECOND PARTY, each and every
of the Yollowing terms and conditions of the tv�o pages at-
tached hereto and made a part hereof entitled, "INDEMNITY TO
THE FLpRIDA EAST COAST RAILWAY COMPANY AND CONTRAGTUAL
LIABILiTY ENDORSEMENTS T4 GONTRACTOR'S PUBLIC LIABILITY At�iD
_ PROPERTY DAMA4E LIABILITY INSQRANCE PQLICIES Di3RIN(� SIICH
INDEMNITEES" and "INSURANGE FOR BENEFIT OF FLORIDA EAST
COAST RAILWAY C4MPANY TO BE OBTAINED, KEPT IN FIILL F�RCE AND
EFFEGT AT COST OF CONTRACTOR".
Z6. SECOND PARTY shall give the RAILWAY on@ (Z) w�ek's
advance notice when the SEC(7ND PARTY or its contractor or
anyone claiming under this Agreement proposes to enter upon.
the crossing site to perf arm work under this Agreement in
order that proper warning may be provided for trains; exeept
that in eaaergency situations SEC4ND PARTY shall only be
required to give the RAILWAY such advance natice as is
practicable under the circumstanees,
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17. Ins�allation, maintenance and replacement oT any
and all railroad advance warning signs ar�d pavement markings
on any road approaching the croasing site shall be the sole
responsibility oP the SECOI�D PARTY, and at its sole
expense.
1$. The SECOND PARTY is speciPically notified that its
personnel will be working in an area containing active
fiberroptic transmission cable as well as other cables and
other facilities. Great care will be taken by the SEC�Ni?
PARTY to ensure that no dat�age is done ta those cables and
facilities. However, if a cable or other facility. is
damaged or cut, the SECOIdD PARTY agrees to indemnify FEC �o
the extent permitted by la►r for any monetary damages wrhich
may result. The SECOI�D PARTY will secure insurance to cover
this obliga�ion as provided for below.
19. If any pravision or provisions of this Agreement
shall be held to be invalid, illegal or unenf orceable, the �
validity, legality and enPorceability oP the remaining
provisions shall not in any way be affected or impaired
thereby.
20. This Agreer�ent will be governed by the laws of the
5tate of Florida. It corrstitutes the complete and exclusive
statement of the Agreement between the parties which super-
sedes all proposals, oral or written, and all other communi-
cations between the parties related to the sub�ect matter of
this Agreement. Any future ehange or modification of this
Agreement must be in writing and signefl by bath parties.
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22. It is understaad by and between the respective
parties hereto that thia License Agreement canceYs and
supersedes that certain License Agreement between the
RAILWAY, the Flarida Department ot` Transportation and Palm
Beach County dated January 5, 19$2.
IN WITNESS wliEREOF, the RAILWAX and the SE�QND PARTY
have each caused this instrument to be executed in their
corporate names and respective aeals to be hereunto affixed
in duplicate the day Pirst hereinafter written by their
undersigned ofPicia].s thereunto laxfully authorized.
` Signed, sealed and FLORIDA EAST AST RAILWAY +CUMPANY, �
delivered in the a F1 da rpa tion
presence of:
: (SEAL)
, residen
ATTEST : C�- '
. . �s � nt ecretary
Witnesses a to DATE: 0/
Railxay .
TOWN t�F NFITER, a municipal
corporation of the State of Florida,
acting �y and through itis Baarc3 oP
City Co�missioners. ' �
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Bx : � �r!/,�—. �ti- , / ��� �ssAZ� � -
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TITLE: � �
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' � 1' . d�t.t.�;���- T:. - �' ATTEST : ;,::f_� .. � J,:' ,� - �
Witnesses s to '� ~ r
Seeond Party TITLE: _`"�.�_ �-�,r���,��
DATE : � •:��"; %s
,A4�#i��'JEa .
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URa.w'l FJ.i�•li � L�CCt3 � tON
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LICENSED AREA DESCRIPTFON
A parcel of land Nith uniform width of 80 t'eet
. northerly and southerly, extending easterly and Nesterly
acroas the right-of-xay and niain track oP the railway at
3upiter, Florida, with longitudinal centerline of said
parcel heing located 7�5 feet more or less southerly from
Rallway's Milepoat No. 2$�i t'rom Jacksonville, , Florida, said
right-of-xay oP the Railway having a total width aP 1QQ Peet
at this locating, being 63 feet easterly and 37 teet
Nesterly of the centerline of the Rallway's main trac�t.
All as shown colored arange on the attached Plan 550
(MP 2$4 + 7�5' dated May 20, 1987, attached hereto and made
a part hereoP.
EXHIBIT "A"
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ESTxMATED CQST FOR THE INSTALLATIflK OF CRQSSTt3G WARNING DEVICES AT
TONEY PENNA ROAD, MF 264 + 75d', DflT CROSSING KUMBER 272378 H.
Cantilever wit'h lights and gate assemblies (32'). ....13,720.00
Concrete for canti.lever. . . . . . . . . . . . . . . . .1�Q00.00
C onduit . . . . . . . . . . . . . . �. . . . . . . . . . . . .3Q0.00
Cable . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 300. QO
' flne forty foot gate . . . . . . . . . . . . . . . . . . . . .4b5.Q0
. Miscellaaeous satall itents . . . . . . . . . . . . . . . . . .500.Q0
� Freight and Taxes . . . . . . . . . . . . . . . . . . . . .1,828.OQ
Labor . . . . . . . . . . . . . . . . . . . . . . . . . . .7,315.a0
Composite Additive for labar . . . . . . . . . . . . . . . 5,340.00
G ang expenses . . . . . . . . . . . . . . . . . . . . . . .1, 785. QO
Con tigencies . . . . . . . . . . . . . . . . . . . . . . 500. 00
TOTAL ....................................................35,�53.OQ
. ,
FLORIDA EAST COAST RA'ILWAY COMd'ANY
fl�ICE OF SUP�. SIGNALS S CO�SMUNICATIONS
ST. AUGi3STINE, FLORIDA _
MAY 20, 1987
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INDEt�IITY T4 FLORIDA EAST COAST RAILWAY COMPANY AND
CQNT't2ACTUAL LIABII:ITY ENDORSF.MF�ITS TD COt�1'i'RACTOIi' S pU$LIC LIABILTTY
' AND P'�WPERTY 1�AI�AGE LIABILITY INSURAI�CL POLICxE� DUAxNG SUC� INDFl�iNITI83
In further conaideration of 'the sums�of'�erney herein agreed to ba
paid to the Contractor, the Contractor by e�cscutian and �elivery hereof,
agtees that it ahall and wi11 st all times hereafter indemnify and �ava
hasim�less the Florida Sast Coast Railway Company fraa and agaiust all
judg�oaenta, and a�ll loss, damagsa, costs, ch,srgsa, and e�anses �vhich it
aay euffer, sciatain, or in'anywise be subjecttd to on ac�ount of or
o.ccasianed by �he o�rations Whether or not ne ligent, of the Contractor,
or 8�r of the snbcontractvrs, or both, Nhether �irectly or iadirectly
uader�, or pursuant to, this construction contract, up to the total su�
of money, �s follo�:
- A.: 4n accaunt of de$th,.personsl in�uriea, loss of iacome or..
earning ability of any person, iacluding withovt limitation �on the
generality of the foregoing deacrip.tian, emplopees and officers of
Florida East Coast Railway Companp� employeea and officers of materia].men,
em�loyees and .officers of. the Contractor Ioyeea and officers of all
aubcontractars� in the limits of $l ,00a,.$ao � each person�injured or
killed, and $2,00�,OOQ.00 each accearence.
. B. Lass damage, in�+tay and loss of vae of any real or peraona].
property {aa �n vhich Florida East Coas� $ailtfep m�p$ny hes a�+ awaer-
ship interest and ('b).personal property in th� cus�tody of Florida East
.. Coast Railweg Company under any tr��naportatian cantracts; including.
'�itlzout .limita�tion upon . Che gerlerality of the two £oregoing entm�erations ,
a17. rai]:road equip�ent commonly described a� rolling atuck and the con-
t�ats of the same, all i:n th� aggregate 13miC of $x,00Q,0a0.00. _
C°. Less, injury, declin� in market valne or det+�rioration in
quality of any perishable merchandise in the cuatody of Florida East
Coast Railway Campany_occcirrin or originating during; the firsC forCp-
�eigt�t (48} houre fram, bc�t e�cc�cuiing, the firat five. {�) m3,nutes any
hreak in the continuitp.or other obatruction of ga�sage of trains,
'.directly or i�direc.tly arisiag from the Contractar's operations, eapon
said track.ar tracka, as the case map be of Florida Bast Coast Rail-
way Company at ar vithin one hundred (10�}) fee.t of aaid location �on
� which the wark is to be perfo=med hereunder, the impravemeat, renov$-
tion, or re�air of which �s the snbject matter of this construction
cont:ract, and also alI eapensea reasonably incurred by Florida East�
Coest Rai�.way Comganp in aad about the re-routit:g of its trains and
cars to, via, and from the Yinea o£ railroad of other railroad coo�non
carrier.s during the £irs�t farty-eight (48y houra folla�wing any such
break in the continaity af said track or tra�ks as the case may be bf
the Florida F.�ast Cosat Rail�rBy�Campeny a� or �rithin on� b�mdzed (1�0�
feet of sa�.d areas.
...- ...+
INSURANCE FOR BENBF'IT 4F' F'LOItIDA EAST COAST RAILWAY COMPANY
TO BE f�BTAINED ANO KEPT IN FUtL FORCE AND EFFECT AT COS'T OF CONTRACTOR
In Eurther consideratior� oE the surns of money herein speciEied
to be paid to Contractor, Contractor, at its cost ana ex�ense, shall
obtain and keep in effect, insurance po�icy or policies in the limits
of �i,aoo,00a each person injured or kil.led and $2,000�400 each
occu rren�e and �Z,000,000 property damaqe per p�arson and $2,000,000
prope rty darnage each occurrence directly by Contractual Giabi2ity
Endarse�nent to Contractor's General Public Giabi2ity artd Praperty
Dad�age Insurance Policies ins�ring Contractor aqainst Zoss or damage
to Cantractar upan the indemnities concurrently extended to Che
Florida East Coast Railway Company and within the 2imits specified in
this paraqraph. Alternatively, Contractor �ay procure and keep fn
effect during the life of this constructian contract, as aforssaid�
Railroad Protective Liability Policies insuring £lorida Bast Coast
Raiiway Company directly as insured against losses and damages but
within the limits specified in this paraqraph. -
In addition to the abave, Contractor sha21, at its cost and
expense, maintain a Workman's Compensation Insurance Policy as
available in the State of Florida.
Ali such insurance, directly or indirectly for the benefit of
the Flarida �ast Coast Railway Company, shall be in a form
satisfactory to its l�anaqer af Insurance and issued by a casualty
company-insurance company authorized to do business in the State of
Florida that has a".Best's" raCing of A or Af and a financial category
size of Class XII or i�igher. .
�ORN - i� d� IlOR1D4 O[rAw'TM[NT OI TIlJRNi� . '{OM
y, � O�vf310M0/r IROwUO►tRArldNs
YAQ; 1 OF 1 RAILROAD GRADE CROSSIN+G.�({AFF1C CONTR DEVlCES
CQUNTY ftCT�CN tiTil,lTY 1p� MO. �TwTt IiG�10 N4. COUr�TY F�AMt �ARCli 4 11/M JOf MO. / A P MO.
wosrar
• Fi.ORIDA EASY COAST, RAIi.4lAY GOI�A�, '
_ . r .
A. )QB DESCRIATION & LOCATIO�l:
B. TYFE OF ROADWAY FACI1.iTY:
C. FDOTlAAR XxNG N�.: RR M�ZE POST TIE:
D• TYPE SIGNALS PAOPUSED: CLASS INDEK:
SCHEDULE UF AHMUAt, CO3T t}F AUTOMATIC
� NiGli1YAY CRADE CftUSSING TRAFFIC CONTRUL DEVICE3
Annu� Maintenaace Co�t Exclwire af Iashllation
GLASS , UESCRINTIUN COS'!`�
f 1 •• Flashing 5ignais - One Track � � 65�.00
lj ' Flasliir� Sigt�ats - Malti�ie Ttadcs - t 860.00
1II Ftashing Si�nuls and Gatca - Qne Track . i 98fl.Qd
I� Flashing Sigaals and G�lca - Muitigle Tracks �1,23tiA0
*Effecteve Fcbrusry 3,19?I
,l["i'�fUR1TY: FLflKIDA ADAIINISTRAI'�VE RUL� O1�-�6.Q2
Rr.s}�onsii�ility ior tke Cost of Autvinatir Highway
Grade Crassing Traftec ControI 1)evicea
EFFE{:T1VE llATE: Feluuary 3, 1�J7!
(;F.NF•IiAL r'�UT�IURITY: :.�(1.�1.5, F.ti.
5�'F.GII�IC L��W lA1PI..Gl�IEN'!'�:ll: 3,3�3.31, F.S.
..,,_,....__:�..�..,._.__�,,.�,-v...::-...�__,.,_.-_...,��.,.�_:.,,.:..,"::-.,-.�:,,�.,::;.,-.,,:.:,_,,.�- -a,- : - . . :., _- r , : - : -
� �. V... _ � �.,uei�r �.ni 4i -uia•- .. , :..u.ir,.-VJ4� i ��„���. �N4'i::�I4ti'^�:I'�.Y;�:p� : _ ' . ---. .. ,. . . ,. ._. _ ,. .., , .., . .
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(BY O'RER41 I Z
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(er OTER51 WIL�[:N EJCSTING 44' MC�LIFfEQ IYPF
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r%� Rrw FLORIQA EAS7 GOAST RAfLWAY CO.
'.' � F E13 OPT1C Cl{9I.E i� �� O�IiC[ oP•CMR! [wa1NLtR K. aUOV�TIN,i. /Ul
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OtD 04XlE HWY. ,,,+,,, o ,. ,�, ,,, ,, „r �e4.�as w.� r. xcr
aaeoa m• >,nn Sf !t�
ruire.350'[�P�2bs•T¢'S,] w...�w,�3.'JO 284..7�
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�l�une 407/T�36•5134
�At}7[tPC, �Idt"t�1ti 33q38 �rlrfax 4q7/575-7=8§
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- September ].1, 1992
; �
>
� Flarisia East Coast Aailway
- P..O. Drawer ].448
� One Malaga Street
} �. St. Augustine, FL 32084
� Attnt Mr. W,B. Stake2y, Chief Engineer
r�
� � Re: Jupiter Grade Crassing Agreement
� Riverside Drive Mile �
�, r po8t �282 + 22G4
�
� Dear Mr. Stakely:
Pursuant to your letter dated Ju].y 3Q, 1992, to Mr. Lee R.
� �� 8vett, �awn Man�ger�af the Town af Jupiter, please be advised that
tYte Jugiter Tc�m �o.uncil has. apprc�ved_ the grade crassing agreement
'� for �he referenced intersecti.on between the Florida East Caast
� Aa�lway Campan�r a�d th� T+at�,m of Jupiter.. .
� _ - ..-
�;, �� Please t.ind e.nclosed a ful ly executed agreement as you I�ave
f� : . _ - requested . .
�:° "' : - .
�:- - VerY Y Yours,
� .
;
� .
� - - � Jam . i
F�� -� _. Di c a� of P�lic Service
� -
�: , , .
� . � . .- J�D/t#n -
; _ Enclasure � .
i �_,
� ;- ,, CC S $di�.Y 1K. B0�7Z.8I1
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TC 9/3/92 REQDEST: LICENSING AGREEMENT
F.E.C. RAILWAY
STAFF �,iE�QM1�D�DATION
To: Mayor and Town Council
From: public Service Staff via Town Manaqex
Subject: Council considexation of a licensing agreement hetween
the Town of Jupiter and the Florida East Coast Railway
pertaininq to the maintenance of the grade crossinq an
Riverside Drive in the Town of Jupiter. �
The Florida East Coast Railway has standard licensing agreements
with all governmental entities having jurisdiction over roadways
involvinq railroad crossings. The agreements cover a term of one
yeax and are automatically renewable unless terminated at �the
expiration date by written notice. Basically, the purpose of the
aqreement is to effect a means of reimbursement to the railroad for
the maintenance costs in connection with the crossing. It qives
the railroad the xight to make changes ar modificatians at the
crossing sites.
The maintenance costs are shared �ointly hy the railroad and the
governmental entity. Current annual maintenance costs for this
particular crossing is $2,117.00, thus Jupiter's share currently is
ane-half of this particular amount. Maintenance costs are
periodically amended to reflect current canditions.
The Town alsa agrees to indemnify the railzoad fram liability on
any worl� that the Town may perfarm an the gxade crossing during the
term of the agreement.
At present, this is the only lease agreement that the Town has been
call:ed upon to execute with the F.E.C_, inasmuch as �he other
crossinqs within the municipal ].imits are under the jurisdictian of
other agencies, riamely, the D.O.T. ar Palm Beach County.
Incidentally, up to this point Pa1m Beach Caunty has been deferring
�he maintenance costs on �his particular crossing, despite the fact
that it was transferred ta Town jurisdictian on July 1, 1982.�
Apparently, the railraad only recently discovered of the txansfer
of jurisdictian.
Inasmuch as we are being called upon to execute a standard
agreement identical to those in effect with other governmental
entities, the staf� recommends Council approval to execute the
agreement.
Attachments: F.E.C. letter to Lee R. Evett, Town Manager
Copy of Licensing Agxeement
�
..r
FL�RIDA EAST COAST RAILWAY C£)MPANY'
��� P O• DRAW£H IdB, pNE MAtAf,A 57HEE7, 57. AUGUStINE, flOR101t ]208�
.Iuly 30, 1992
File: 282/39/2264
JUPITER: GRADE CROSSING AGREEMENT
RIVERSLDE DRIVE, MILEPOST 282 � 2264' � � 3
FORM OR AGREEMENT
, �r �-
Mr�. Lee Evett, Town Manager •- ����� �►�' N v '
T wn of Jupiter p► 0�1
210 Military Trail O - ,sr�►��� o
,Tupiter, �'lorida 33458 ��`�
Dear Mr. Evett: � a L
Fursuant to Chapter 335.02 of the Florida Statutes, jurisdiction of
the above-noted roadway was transferred from Palm Beach County to your
Town on .Tuly l, 1982. This transfer, under the same law, includes
responsibility for maintenance of the raadway over and across the land
and track of vur Ftailway.
As is our practice, we propose that this crossing be covered by a
license agreement. 4ccardingly, wa have prepared, executed on our
behalf, and now farward for your consideration, a propo9ed agreement
form.
May i have your hand].ing of this form to complation by an authorized
signature by your Town goverament. Bath part and counterpart are
offezed. At such time as the agreemenC is fully execuCed, would you
please return to me that copy rubber stamped on its face as beiug the
Railway original copy.
Very truly yaurs,
�
W. S. STOiZELY �
Chief Engineaz
WSS/jw
Attachment
cc: Mr. R. F. Townsend
Mrs. C. R. Berry
, . � ' ' �' .
, r'` •,r
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, to be effective from the day of
, 1992, is between the �LORIDA EAST COAST '
RAILWAX COMPANY (Address: Post Office Drawer 1048, St.
Augustine, Florida 32084�, a Florida corporation, hereinafter
called "RAILWAY" and CITY OF 3UPITER, a municipal corporation of
the State of Florida, hereinafter called "SECOND FARTY
W I T N E S S E T H:
That the RAILWAY, for valuable considaration and the
covenants and agreements herein cantained to be perfarmed and
kept by the SECOND PARTY does hereby give and license unta 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 a� the location described as fallows, and
hereinafter referred to as the "crossing site";
See Exhibit "A" Attached Hereto.
If , , ` � f � . � .�, f 1
� �� i . -! °�,� �{� `_-"• �8w:� +r"a= �
� ;'' �.;�, a ,�;`
■ ���• �.� � �
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TO HAVE AND TO USE the crassing site for the term provided
in Paragraph 2, or until termina�ed as hereinafter pravided. The
sta�us of �he SECOND PARTY is that af a licensee and not lessee.
It has the right ta use the crassing site as specified herein, '
but legal passession of the czossing site shall remain with the
RAI E,WAY .
In consideratian of the granting of this Agreement by the
RAILWAY the secand PARTY covenants and agrees with the RAILWAY
as fallaws:
1. That the crossing site shall be used for public at-
grade zoad crossing purposes anly acrass the RAILWAY's right-of-
way and tracks, and except herein pravided, na pipe, wire, rail,
or other line or structure shall k�e placed in ar on �he crossing
site without the previous consent in writing of the RAILWAY
$ECOND PARTY £ur�her agrees that the crossing site, together with
the additianal par�ions of �he RAILWAY'S right-of-way within 325
feet of the nartherly and southerly limits of baundazies of the
crassing site, will at all times be kept clear of any vegatation
or other grawth grea�er than two �2) feet in height on each side
of the tracks at the expense of S�Ct3ND PARTY and without cost to
RAILWAY or lieri upon RA,�LWAY's property.
2. This Agreement is for the term af one (].) year. If
SECQND PARTY ha].ds over and remains in possession a€ter the ,
expiration of such term ar of any renewa3.s thereof, this
Agreement shazl be considered as renewed unZess sixty (60) days'
written natice af the terminatian af same has been or is given by
2
� ''r ..r+
the RAILWAY and shall cantinue 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 af the consideratian of the licensing of the crossing site, �
and in the event the said SECOND PARTY shall fail ta comply with
any of the cavenants and canditions, then, at the option of the
RAILWAY this Agreement shall be terminated with full legal
rights and remedies retained by the RAILWAY, including but no�
limited to the right to reenter, repossess, and remove the
crassing if it shall elect to do so.
4. The SECOND PARTY hereby grants unta the RAILViAY
necessary perntits for the installation, construct3on, erection,
repair, and maintenance af any of the RA2LwAY-owned or maintained
facilities described in this Agreement. If SECOND FARTY fails
to promptly grant the RAILWAX necessary permits £or�repair or
maintenance of its tracks or facilities on ar about the crossing
site, S�COi�m PARTY shall bear all addi�ional expense incurred by
the RAILwAX attributable to such failure, including costs due to
slow ordering of trains. SECOND PARTY shall promptly gay such
amounts upan rendition o£ appropriate billing by the RAILwAX.
5. Unless otherwise specified, the cost of installation,
coastruction, maintenance and replacement of all facilities at
the crossing site, including but not limited to the crassing
structure and railroad and highway devices whether perfarmed k�y
the SECOND PA,RTY or RAI,LWAY, shall be the sole responsibility of
the SECQND PARTY. P'urther, one half of the cost for annua�.
. 3
�
�
maintenance of the railraad devices as defined in Paragraph 8
shall be the respansibility of the SECOND PARTY The RAiLWAY
may, at its option, perform such maintenance and replacement work
and bill the SECOND PARTY directly for costs thus incurred that '
are the respansibility of the SECQND PARTY Costs for annual
maintenance of the railraad devices, shall be the costs far one
set af Class i2I, Type IiI signal devices, currently $2117.Q0
per year.
6. When the RA.ILWAY determines that the replacement af the
GRADE CROSSING STRUCTURE {hereina£ter STRUCTURE} is more
ecanamical than its continued maintenance, the RA,iLWAY shall have
the exclusive aption to replace the STRUCTt1RE with a camparable
or improved £acility. The replacement, repair and maintenance
costs o£ the new structure shall be the sole resgonsibility of
the SECOND PARTY. The SECOND PARTY shall, at its sole expense,
maintain and replace the - remainder ot the road �.nside the
RAILWAY's right-of-way, plus any paving which may be located
between the ends o£ the ties. The RAILWAY shall provide a
£lag�nan at said crossing site while work is being per�ormed by
the SECOND PARTY under the provisions of this Agreement, at the
total expense of the SECOND PARTY
7. The SECOND PARTY agrees, acknawl.eciges and understands
that the RA.ILWAY reserves the right to make any changes at any
future time in its existing tracks or other �acilities, including
the instalZation, maintenanca and operatian af any additional
track ar track.s or other facilities on its right-of-way at the
4
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crossing site. The SECOND PARTY agrees to bear the total expense
af any changes or addi�ions �o the pavesnent, railroad devices
other railroad signalization equipment, and crossing structure at �
the crossing site whether these changes or addi�ions are required �
by law or order of any public ar �udicial authority, done
voluntarily by the RAILWAX, or requested by the SECOND PARTX.
8. The RAII,WAY shall maintain and replace flashing lights,
bells and gates, referred to jointly as "railroad devices° at �he
crossing site. SECOPII3 P,AR,TY shall pay unto RAILWAY one-half the
annual cost of maintenance of said automatic crassing protection
devices as provided in the Florida Department of Transportation's
SCHEDULE OF ANNUAL COST QF A[3TQMATIC HZGHWAY GRADE QtOSSING
TRAFFIG CONTROL DEVICES as may be amended; said sum for annual
maintenance currently being $2117.a0. The aforementioned
railroad devices are awned by the RAILWAY and shall remain at
the crossing site until it is agreed between the parties that the
raixroad devices are no longer needed or other legal requirements
are imposea which sha11 eliminate or substantially change the
operations of the railroad devices. �
9. The SECOND PA.RTY agrees that it will install, maintain
and replace all necessary drainage facilities to prevent the
accumulation of surface water due ta the existence of the
crossing site. Such facilities must first be approvecl I�y the
RAILwRY and any other gvverning bodies having jurisdiction
thereof and operation of the facilities shall also be subject at
all times to their approval. An additional license agrement may
5
�.. r,,,
ar may not be required by �he RAILWAY, depending upan the type,
size, depth and other specifications �f the proposed facilities,
as submitted to the RAILWAY.
10. Lighting facilities ad�c;uate to comply with the '
requirements of the laws af the State of Florida cavering
illumination of road crossings shall be installed, maintained and
reglaced at ar near this crossing site by the SECOND PARTY.
1].. The SECOND PARTY further covenants ta pay, either
directly or upan bills presented unto SECOND PARTY �y the RAILWAY
within thirty (3D) days after presentatian of the sarae, all bills
for electriCity for the lighting and illuminatior, af the crossing
site.
12. At �he terminatian of this Agreement for any cause, or
upon �ermination af the SECQND PARTY's use af the crossinq site
as here3n described, the SECOND PARTY shall remove, at its
entire cost and expense, said road and all nan RAILWAY
improvements placed upon the RAILWAY's right-af-way and restore
the ground to its original condition.
13. SECOPID PARTY shall indemnify and hald harmless RAILWAY
for assessments or other charges of any kind whatsaever against
the RA.ILWAY at any time far any portion of gublic improvements
installed on or within two hundred (200) feet of the crossing
site or arising out af the existence of the crossing site. �
14. Th� SEC�ND PARTY shall not take any action that will
pr�vent or tena ta restrict the operations of trains over the
crossing site.
s �
�.r ��,,
1S. The SECOND PARTY will include in any contract which it �
may let for the whole or any part of said work to be performed
hereunder by or for the SECOND PARTY, each anc7 every of the
fo�lowing terms and conditions of the two pages attached hereto '
and made a part hereof entitled "INDEMNITY TO THE FLORIDA EAST
COAST R.AILWAY COMPANY AND CONTRACTC3AL LIABILITY �NDORSEM�NTS TQ
CONTRACTOR'S F[3BLIC LIABILITY AND PROPERTY DAMAGE LIABILITY
INSt}RANCE POLICIEB DURING SUCH INDEMNITIES" and "INSl3R.ANCE FOR
BENEFIT OF FLORIDA EAST COAST RAILWAY COMFANY TO BE �BTAINED,
KEPT IN FULL FORCE AND EFFECT AT CQST OF CONTRACTOR."
16. SECoND PARTY shall give the RAILWAY one (1} week's
advance notice when the S�COND PARTY or i�s contractor or anyone
claiming under this Agreement proposes to enter upon the crossing
site to perform wor3c under this Agreement in order that groper
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
circumstances. The SECOND PARTY further agrees that at al�
times �hat its personnel are on the property af the RAILWAX, they
will be accompanied by a RAILWAY representatf.ve and any cost
invo�ved will be borne by the SECQND PARTY. '
17. Installation, maintenance and replacement of any and
all railroad advance warning signs a.nd gavement markings on any �
road approaching the crossing site shall be the sole
responsibility of the SECOND PARTY, and at its so�e expense.
18. The S�CpND PARTY shall promptly pay RAILWAY all
7
� �
charges for maintenance, replacement, repair or otherwise of the
facilities at this crassing as provided for in this Agreement,
upon being billed for the same by the RAILWAY. Failure to
promptly pay to RAILWAY amaunts billed as ciue uncier this '
Agreement shall constitute default by the SECaND PARTY and shall
enable RAILWAY ta terminate this Agreement as provided for in
Paragraph 3.
19. The SECOND PARTY is specifically natified that its
personnel wi1.1, be working in an area containinq active fiber-
optic transmission cable as well as other cables and other
facilities. However, if a cable or other facility is damaged ar
cut, the SEC�ND PARTY agrees ta indemnify RAILWAY, to the extent
germitted by law, for any monetary damages which may result. The
SEC�ND PARTY will seCUre insurance to cover this obligation as
pravided far belaw.
24. If any pravision 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 ar impaired thereby.
21. This Agreement will be governer3 by the laws of the
State of Florida. It constitutes the c�mplete and exclusive
statement of the Agreement between the parties which supersedes
alI proposals, oral or written, and aIl ather 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 partiss.
8
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- �N+'� ';"���' -�''�E,
� '
22. Tt is understaod by and betwe�en the respective parti�es
hereto that this License Agreement cancels a�d supersedes that �
certain. License �lgreement k�etween fihe RAIwAY an.d PALM BEACH
COtJNTY dated Apri3 I4, 1980. �
IN WITNESS WFIERE�F, the F.AZLWAY and the SECOND PARTX have
caused this instrum�nt to be executed in their corporat� names
and respective seals to be hereunta affixed in duplicate the day
first hereiriafter written by their u.ndersigned officials
� thereunto Iawfully autharized. �
Signed, sealed anc3 FLORIDR EAST COAST RAILWAY
delivered i.n the presence,of: CDMPANY a Florida cQrporation
,����e�.�a.�.- w . `� $� �.�'� � ( s� j
�� ATTEST:
wi nesses as ai way ss s�nt Sec�etary
DATE : ' o��" Z-'
�ITY OF .7UPI�ER �
' rnunicipal coz,poration af the
- St�t� of Florida
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. , TITLE : ��''� � �l�
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EXHIBIT A
DESCRIPTION OF LYCENSED AREA
A parcel of land wa.th uniform width of
130 feet northeasterly and south.easterly,
extending northwesterly and southeasterly
across the right-of-way and Main Tracks
of the Railway a� ,7upa.ter, Flozida, with
longitudinal center line of sait� parcel
being located 2270 feet, more or less,
sauthwesterly from Railway's Mile Post
282 from Jacksonville, Florida, said
right-of-way having a total width of lOd
feet at this I.acation, being SQ feet in
width on the northwasterJ.y and
southeasterly sa.des respectively of the
centerline of the Railway's Main Track.
All as shown colored in orarige on the
attached plan 550 (MP 282+2270'} dated
Novemher 1G, 1979, attached hereta and
made a part hereof.
.. . m ..wn...�.... „ Y
� � _ . 4
� ,. I 5�1� ,,': 4F ANNUAL COST QF �L�3'�t3�9�► �C
• HIGHWAY GR�DE C�OSSING TE�AFEIC CDNTRO� DEVICES ?
. �
Arinual Mazntenance Cast Exclusa,ee of Install;ation �4
�
� i
I
• A
i
7
CI,ASS DESCRIP��C1N COST �
I Flashing Signals - one Track $1,404.00 �
�
zI Fl.ashing Signals - Multiple Tracks $1,8S8.00� ;
. , �
. ,
III Flashing Signals and Gates - Qne Track $2,1I,7.�0 �
Iv F�.ashing Signals and Gates - Multip].e i
T�acks $2,fi57.�Q
' AUTHCIRITY : FLORIDA _ ADM�Z3TSTRATTV£ RULE. 0 b 4--4 6. 0,2
Respansibi3ity for th� Cost of Automa�ic
�Highway Gra3� Crassf,ng Traffic Control
]7evices • .
� EEFEC's2�E DATE; July 1, 1993. . �
-. GENERAL A[3THORITY; 20.OS, F.S.
- SPECIFIC� LA�T .
IMPL�MENTEb: � 338.21, F.�,
j
INSURANCE FOR B���'IT OF FL�RIDA �A5T COAST `�ILWAY COtdPANY fi0
• . BE OBTATNED AND KEF� IN FULL FORCE AND ErFECT AT COST 01� CONTRAC'FOR
Tn further consideration of the sums of money herein specified
to be paid t� Contractor, Contractor, at its cost and expense, shal.l
'obtain and keep in effect, insurance policy or policies in the lir��.ts
of $1,000,400 �ach person injured. or killed and $2,000,000 each
occurrence and $1,OQO,a00 property damage per person and $2,O�Q,000
property damage each occurrence directly by Contractual Liability
Endorsernent to Contractorts General Public Liability and Praperty
i�amage Insurance Palicies insur.ing Can�L against loss or damage
to Contractor upon the indemnities concurren�ly extended to the
Florida East Coast Railway Company and wi�hin the 1.imits specified in
this paragraph. Alternatively, Cantractor may procure and keep in
effect during the life of this construction contract, as aforesaid,
Railroad Pro�ective Liability Policies insuring Florida East Coast
Railway Company directly as insured against losses and damages but
within the limi�s spec�.fied in this paragraph.
.. �n addition to the above, Con�ractor sha11, at its cost and
expense, maintain a wor3cman's Compensation Insurance Pol�icy .as
available in the State of Flora.da. .
All such insurance, dir�ectly or indirec�ly £or the benefi� of '
the Flori.da East Caas� Railway Comgany, sha1J. be in a fozm.satisfac-
tory to i�s Manager of Insurance and issued by a casualty
companyl�.nsurance company authorized to do business in the State of
Flori.da that has a"Best�s" ra�inq of A or A+ and a financial
categozy size of Class xII or higher. ,�
ti . .
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� INDEMNITY TO FLQRIDA EAST COAST RAILWF,X COMPANY AND CONTRA.CTi3AL
LIABILITY ENDQRSEt�lENTS TO CONTRACTOR'S PUB�,IC LIABILITY AND
PROPERTY DAMAGE LIABILITY TNSt7RANCE POLICIES Di3RING StICH INDEMNITIES
In �urther 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 here�fter �
indemnify and save harmless the Florida East Coast Railway Company ,
from and against a].l judgments, and all loss, damages, costs, �
charges, and expenses which it may suffer, sustain, or in anywise be
sub�ected to on account of or occasioned by the operations, whether
or not neg}.�.gent, af the Contractor, or any of the subcontractors, or _
both, whether directly or indirectly under, or pursuan.t to, this
construction contract, up to the total sums of money, as fo}.].ows: _
A. On account of dearh, personal injuries, }.oss of income or
earning abi].ity of any person, inc].uding without limitation upon the
generaJ.ity of the foregoing description, emp].oyees and officers of
rlorida East Coast Railway Company, employees and officers a� •
materialmen, emp].oy�es and officers of the Contractar, employees and .
officers af al�. subcontractors, in the limi.ts of $1,OOQ,b00.Q0 eac.l� ,
pezson injured or killed, and $2,OOO each occurrence.
, l3. Loss, c3amage, injury and loss af use af any real or
personal property (a} in which Florida East Coast Rai�way has
any ownership interest, and,�b) persona}. property in the custody o�
Florida East Coast Rai].way Comgany under any transpartation
contracts; inc].uding without 13.mitation upon the genera�ity of the
twfl foregoing enumerations, a�l raiZroad equipment cammanly described
as rolling stock and the contents of the same, a].� in the aggregate
limit O� $2,OO�,bd0.Q0. '
C. LdSS� injnry, decline in maxket va].ue ar deteriaration ia .
quality of any perishable mer�handise in the custody of F].orida East
Coast Railway Company occurring or originating during .the first
forty-eight {48} hours from, but excluding, the £irst five (5} �
minu�es any break in th� continuity or other obstruction or passage
of trains, directly ar indirectly arising fram the Contractor's
operations, upan said �rack or tracks, as �he case may be, of Florida
East Cpas� Rail.way CQmpany �t or wi.thin vs3e hundred (1,00} �eet of
said 3ocation upon which the work is �o be performed hereunder, the
improvemeni:, renovation, or repair of cahich is the sub�ect matter af
'this �onstruction con and also all expenses reasonably incurred
by Flora.da East Coas� Railway Company in and about �he rerou�3.ng�of
its trains and cars fo, via, and frorn the lines of rai3.roac3 of other
rai].road comrnon carriers during the first forty-eight (48) hours
fo�.lowing any such break in the continuity of said track or tracks as •
the case may be, of the Florida East Coast Ra�lway �ompany at.or '
with�.n one hundre� (l0�) feet of said areas.
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No Text
[FECR LETTERHERAD]
VIA FEDEX
Re: Agreement between Florida East Coast Railway, LLC. ("FECR") and (the
"Licensor") with regard to the Crossings located at . as amended
to date (the "CrossingAgreement")
Dear
This lettershall serve to memorialize the agreement reached between Licensor, FECRand All Aboard
Florida—Operations LLC ("AAF") relatingto the CrossingAgreement i n existence thatgovern s one or
more Crossings (as such Crossings are more particularly defined in the CrossingAgreement) and terms
relatingtotheconstruction,maintenanceandsafetyofsuchCrossings. Specifically,andwithout
modificationtoanyotherterm, obligation orcondition setforth inthe CrossingAgreement, Licensor,
FECR and AAF herebyagreetothefollowingtermsandconditions, in exchangeforgood andvaluable
consideration, the receiptand sufficiencyof which are herebyacknowledged by the parties:
AAF is developing an intercity passenger rail service from Miami to Orlando (the "Project").
AAF shall incur the necessary and reasonable capital investments to complete the initial
installation of crossing improvements to the extent required for the Project to comply with
currently applicable laws regarding safety at public crossings and commence passenger rail
service (the "Initial Development Cost"). It is acknowledged and agreed, however, that the
AAF's commitment to cover the Initial Development Cost for the installation of crossings
improvements forthe Project shall not encompass the cost of any other improvements to the
Crossings, includingany improvements required or desired by Licensor such as those related to
the establishmentof quietzones. The Initial Development Cost expressly excludes any and all
costs related to such other improvements.
In consideration of the foregoing, Licensor confirms the following:
• The Crossings, as improved for the Project, shall continue to be governed by the
Crossing Agreement.
• The Licensorshall notbe responsibleforthe InitialDevelopmerrtCost, butshall be liable
for any and all other costs due under the Crossing Agreement with respect to the
Crossings as improved.
• AAF is an intended third-party beneficiary of the Crossing Agreement, with the right to
enforce the terms and conditions thereof.
• Except as expressly provided herein with regard to the planned improvements to the
Crossing, the Initial Development Cost and AAF's beneficiary status, all of the terms,
conditions, covenants, agreements and understandings contained in the Crossing
Agreement shall remain unchanged and in full force and effect, and the same are hereby
expressly ratified and confirmed bythe Licensor. This includes, without limitation, the
Licensor's continuing obligations related to construction, maintenance, safety, future
changes and upgrades to the Crossings and the reimbursement of costs, all of which
would continue to be governed by the Crossing Agreement.
If these terms are acceptable, please sign this letter in the space provided at the end of this signature
page and return that signed documentto us. To facilitate this process, it is agreed thatthis letterwill be
executed in counterparts, each of which will be deemed to be an original copy of this letter and all of
which, when taken together, will be deemed to constitute one and the same agreement. It is also
agreedthat signed counterparts may be transmitted electronically (as an Adobe PDFfile) orbyfacsimile,
and that delivery in that way shall have the same force and effect as the delivery of origi nal signatures.
Also, this letterwill be construed in accordance with the laws of the State of Florida, without regard to
conflict of laws principles. Please understand, however, that the terms of this letter and any offer
presented herein will expireand shall be null and void on the date that is 60 days of the date hereof if it
has not been executed and returned to us by then. Further, if the Project is not complete by , the
terms of this letter and any offer presented herein will expire and will be null and void.
We do hope to hear from you soon and look forward to working together. If you should have any
questions, please contact ourteam at your convenience.
Sincerely,
Florida East Coast Railway, LLC.
By:
Print Name:
Print Title:
All Abaard Florida— Operations LLC
By:
Print Name:
Pri nt Title: AGREED, ACKNOWLEDGED
AND CONFIRMED:
By:
Cc: Robert Ledoux, FECR
Margarita Martinez Miguez, AAF Print Name:
Print Title: