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HomeMy WebLinkAbout1984 Barber St. Rehabilitate-`' %— cress: Post Office Drawer 1048, St. Augustine, Florida 32084), a Florida corporation hereinafter called "RAILWAY" and CITY OF S EBASTIAN, a municipal corporation 7sf the State of Florida, (Address: p, 127, Sebastian, a 329gg ) , .h Florid 0. Box ereinafter called lled "SECOND 1• The Parties will file joint application with Department of-Transportation and make their best the effort open.the Stratton Avenue crossin rt to 218 + 146' and to close the T g. near RAILWAY'S Mile Post roman Street crossing (sometimes called First Street) near RAILWAY'S Mile Post 214 + 139 ' but they recognize that the ultimate decision rests with , Florida Department of Transportation. the The opening Closing of these crossin s P n9 and 9 must be accomplished.-in accordance with this contract, therefore, the parties a r opening and closin g ee that such g will not occur if for. some reason any Portion of this contract is not enforceable. Furth parties agree that under no the circumstances will Stratton Avenue crossing be opened unless Truman Street crossing is closed in accordance with the terms and conditions Agreement. of this I. OPENING OF THE STRATTON AVENUE CROSSING: 2• That the RAILWAY, for valuable consideration the covenants and agreements herein contained to be and performed and kept by the SECOND PARTY, does hereby give and 1 - Z license unto, the SECOND PARTY the right and privilege to use, for public at -grade road crossing purposes only, that part of the right -of -way and property of the RAILWAY at the location described in Appendix A attached hereto and made a part hereof,.and hereinafter referred to as the "Stratton Avenue crossing site ". 3. The SECOND PARTY shall have and use the crossing site as a licensee, but legal possession of the crossing site shall remain with Railway. 4. In consideration of the granting of this Agreement by the RAILWAY; the SECOND PARTY covenants and agrees with the RAILWAY.as follows: A. That the crossing site shall be used for public at -grade road crossing purposes only across the RAILWAY'S right -of -way and tracks, and except as herein provided, no pipe, wire, rail, or other line or structure shall be placed in or on the crossing site without the previous consent in writing of the RAILWAY. SECOND PARTY further agrees that the crossing site will at all times be kept clear of any vegetation or other growth greater than two feet in height on each side of the tracks at the expense of SECOND PARTY and without cost to RAILWAY or lien upon RAILWAY'S property. B. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the crossing site, and in the event the said SECOND PARTY shall fail to comply with any of the covenants and conditions, then this Agreement shall be void and shall terminate with z Zip full right on the part of the RAILWAY to re- enter, repos- sess, and remove the crossing if it shall elect to do so. C. The SECOND PARTY hereby grants unto the RAILWAY necessary permits for the installation, construction, erection, repair, and maintenance of any of the RAILWAY owned or maintained facilities described in this Agreement. D. Unless otherwise specified, the cost of installa- tion, construction, maintenance and replacement of all facilities at the- crossing site, including but -not limited to the crossing structure and railroad and highway devices whether performed by the SECOND PARTY or RAILWAY, shall be the_sole. responsibility of the SECOND PARTY. The cost for Annual maintenance of the _railroad devices is covered in 'Paragraph G and shall.be the sole responsibility of the SECOND PARTY. E. The RAILWAY shall construct, maintain and replace the crossing structure across the rails and ties at the crossing site at the sole cost of the SECOND PARTY. The RAILWAY has the discretion to determine when the crossing structure needs to be. replaced or maintained and, may replace the crossing structure when necessary. It is- anticipated that the initial crossing structure will be a concrete structure and the estimated cost of construction is set forth in Appendix B. The SECOND PARTY shall, at its sole cost and expense construct, maintain and replace the remainder of Stratton Avenue located inside the RAILWAY'S right -of -way, including any paving that may be necessary. 3 (2 At any time that the SECOND PARTY shall come onto the RAILWAY'S right. -of -way to perform work, the RAILWAY shall be notified in advance in accordance with Paragraph 10 so that RAILWAY can provide a flagman at the crossing site to coordinate the work being performed by the SECOND PARTY and train operations. The cost of flagging will be borne by the SECOND PARTY, F. The SECOND PARTY agrees, acknowledges and under- stands that the.RAILWAY reserves the right to make any desired changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track, or tracks or other facilities on its right -of -way at the crossing site. The SECOND PARTY agrees to bear the total expense of any changes, or additions to the pavement, railroad devices, other railroad signalization equipment, and crossing strut- ,ture at the crossing site whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the SECOND PARTY. G. The RAILWAY shall construct, maintain and replace flashing lights, bells and gates (Class III, Type III), referred to jointly as "railroad devices" at the crossing site. The estimated cost of such railroad devices is set forth in Appendix D. SECOND PARTY shall pay unto RAILWAY the annual cost of maintenance of said automatic crossing protection devices as provided in the Florida Department of 4 I i Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADS CROSSING TRAFFIC CONTROL DEVICES as may be amended (See Appendix C), annual maintenance currently being $980.00. The aforementioned railroad devices are owned by the RAILWAY, and shall remain at the crossing site until it is agreed between the parties that the railroad devices are no longer, needed or other legal 'requirements are imposed which shall eliminate or substantially change the operation of the. railroad devices. H. The SECOND PARTY agrees that it will install, main- tain and replace all necessary drainage facilities to pre - vent the accumulation of surface water due to the existence of the crossing site. Such facilities must first be -ap- f proved by the RAILWAY and any other governing bodies.having jurisdiction thereof and operation of the facilities shall also.be subject at all times to'.-their approval. An addi- tional license agreement may or may not be required by the RAILWAY, depending th g on p e type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. I. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossings shall be installed, maintained, and replaced at or near this crossing site by the SECOND PARTY. J. The SECOND PARTY further covenants to pay, either directly or upon bills presented unto SECOND PARTY by the 5 RAILWAY within thirty (30) days after presentation of the same, all bills.for electricity for the lighting and illu- mination of the crossing site. K. The SECOND PARTY agrees to maintain a general lia- bility master insurance policy having a combined limit of $1,000,000.00 for personal injury, death and property damage per occurrence, insuring the RAILWAY against claims arising from accidents. related to the use of the Stratton .Avenue crossing site. The RAILWAY has advised the _SECOND PARTY that it maintains a general liability master insur- ance policy covering such incidents and the SECOND PARTY may participate in that policy by reimbursing the RAILWAY for its pro rata share of the premium or the SECOND PARTY may provide a similar policy with "the same limits with an insurance carrier acceptable to the RAILWAY, insuring the same incidents. Such insurance shall remain in force and effect .during the entire period that the crossing site is open pursuant to this Agreement. L. At the termination of this Agreement for any ,Cause, or upon termination of the SECOND PARTY'S use of the crossing site as herein described, the SECOND PARTY shall remove, at its entire cost and expense, said road and all non - RAILWAY owned improvements placed upon the RAILWAY'S right -of -way and restore the ground to its original con- dition. 6 3I II. CLOSING OF*TROMAN STREET CROSSINGt S. The Parties agree that the Truman Street crossing shall be closed and the crossing structure and railroad devices shall be removed. Adequate warning devices and barricades shall be placed to prevent motorists from attempting to.utilize the former crossing. All costs for the removal of the crossing and the placement of warning devices shall be borne by SECOND PARTY. 6—The SECOND PARTY agrees that it will 'not file an application to reopen the crossing at Truman Street or any proposed crossing within a mile of either -side of Truman Street, and if such application is 'filed by any other party, it will not lend its support to such application. This provision is null and void and of no legal significance after the passage of 10 years from.the date OU the execution of this agreement. IZI. PROVISIONS APPLICABLE TO BOTH THE OPENING OF STRATTON AVENGE D THE CLOSIN OF' 7. SECOND PARTY shall indemnify and hold harmless the RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the crossing site or arising out of the existence of the crossing site, and any assessment or other charges.against the RAILWAY resulting from or arising out of the existence or elimination of the Truman Street crossing. r E i 7 8 fie` SECOND PARTY shall not take any action that will prevent or tend. to restrict the operations of trains over the crossing site.. 9.'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 and every of the terms and conditions of the two pages attached hereto as Appendix E and made a part hereof entitled, "INDEMNITY TO.THE FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY. DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES" and "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, KEPT IN FULL FORCE AND EFFECT AT COST. OF CONTRACTOR'. 10. SECOND PARTY shall give the RAILWAY one (1) week's advance notice when the. SECOND PARTY or its contractor or anyone claiming.under this Agreement proposes to enter upon the crossing site to perform work under this Agreement In order that proper warning may be provided for trains; except that in emergency situations SECOND PARTY shall only be required to give the RAILWAY such advance notice as is practicable under the circumstances. 11. Installation, maintenance and replacement. of any and all railroad. advance warning signs and pavement markings on-any road approaching the crossing site shall be the sole responsibility of the SECOND PARTY, and at its sole expense. 8 33 12. Thqk parties understand that it is agreed that all 'terms and conditions of this Agreement must be complied with and if any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the entire Agreement shall be null and void. 13. This Agreement will be governed by the laws of the State of Florida. It constitutes 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 subject matter of this Agreement. Any future change -or modification of this f.: Agreement must be in writing and signed by both parties. 14. It is understood by and between the respective parties hereto that this Agreement cancels and supersedes any Agreements between the RAILWAY and SECOND PARTY covering Truman Street. 15. This Agreement may be terminated upon consent of both of the parties or upon order-of the Florida Department of Transportation or its successor agency having competent jurisdiction. �) 9 r yr4 IN MITH288 WURSOr THIN RAILWAY and the SECOND PARTY have each caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicate the day first hereinafter written by their undersigned officials thereunto lawfully authorized. FLORIDA EAST gQA4 RAILWAY COMPANY, a FlorjAO, ep orat bn A J ATTEST: ry DATE: �Y1 -?A16 // CITY OF SEBASTIAN, a municipal corporation of the -State of Florida, acting by and through its Board of City ommissi ers. BY: (SEAL) LE: ayor AT TITLE: City Clerk DATE: July 14, 1984 APPROVED Y Fp EXECUTiCN � 3AZ 10 35 rIWA T w1w A n - M-O. �Am- �e Z�m iy?j I I Stratton Road Railroad Crossing: COMMENCING at the Southeast corner of Section 20, Township 31 South, Range 39 East, Indian River County, Florida, run thence S 89 degrees 31 minutes 06 seconds W, 19.26 feet to the West right -of -way line of the, FEC Railroad; thence, run N 25 degrees 59 minutes 42 seconds W, along said right -of -way .,line, 2048.62 feet to the POINT OF BEGINNING (P.O.B.); thence continue N 25 degrees 59 minutes 42 seconds W, along said right -of -way line, 80.00 feet; thence run N 64 degrees 00 minutes 18 seconds E, 100.00 .feet to the East right -of -way line of said FEC Railroad; thence run S 25 degrees 59 minutes 42 seconds E, along said right -of -way line, 80.00 feet; thence run S 64 degrees 00 minutes 18 seconds W, 100.00 feet to the P.O.B. The above _described crossing area contains 8000 square feet, (0.1837 acres). 3� �_ `k�4Qr^CNGrTiiI►FFIC ,r CONTROL DEVICES OYMri Mr....1 vt/Lt1• JOS w. &WAYS •OAT — • ...'.,' -, iOYwTr wwrr IAACtt • w/r JO• no. wewncv A. JOB DESCRIPTION & LOCATION: D. TYPE OF ROADWAY FACILITY: " C. FDOT /AAR XING NO.: RR hlllt: POST TIE: D. TYPE SIGNALS! ,_ : _ �_ CLASS ___.___.__ • IIYDFX: SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cwt Exclusive of Installation CLASS DESCRIPTION COST* 1 Flashing Signals One Track -_ $ 650.00 II Flashing Signals - Alultipic Tracks S 860.00 1[1 Flashing Sigma and (.all•, - O, 'Track S 980.11(1 IV Flashing Signals and Gatcs • Multiple 'Tracks $ 1,230.00 *Effective February 3, 1971 - AUTHORITY FLORIDA ADMINISTRATIVE RULE 014- 46.0'.: Responsibility fur tilt Cost of Aulomalij• llighway . Grade Crossing Traffic Control Devices EFFECTIVE DATE: February � ; , 1971 GENERAL AUTHORITY: _41.05, F.S. SPECIFIC LAW IMPLEMENTED: 338-2 1, FS. 1308 -A z 4 y EF `'. s KLi SAC 0�, 218±16 ESTIMATED COST TO INSTALL FLASHING LIGHTS, BELL AND GATES AT PROPOSED STRATTON AVENtiE MP 218+146' AND CLOSE TRUNAN ST. •MP 214 +1390' Gate assemblies with foundations •.• ................$14,870.00 .. Factory wired relay case..... ..........•.......• Relay case foundations.., 16,819.00 ... Battery box...' 164.00 ............. ... .......... - Battery .. .............................:. ...: 371.00 Underground cable.......... " " " " " " •••• 5,000.00 .......... ... ... 953.00 Power........ ... .......... ....... ._....a. ............. Freight and taxes 5,300.00 ,Labor... ...................... 4,354.00 . ........................ ... 10,210.00 Composite additive for labor Supervision.... 4,817.00 ........... ...............:......:........ 2,640.00 Composite additive for supervision.... 1,457.00 Gang expenses ..:. ......... ... ..... Use of trucks " " " " ••• 4,760.00 Rental of trenching equipment............ 900.00 Contingencies..........: ............... 511.00 .................... 7,319.00 TOTAL $80,505.00 Based on DOT schedule for maintenance Class III as proposed would be $980.00 per year. FLORIDA EAST COAST RAILWAY COIpANY OFFICE OF SUPT. SIGNALS b COMMUNICATIONS ST. AUGUSTINE, FLORIDA /! JUNE 18, 1984 VP� , � y5 + � '19Y'.}r t�S'x�';^+�I ^� P •r w X , r •3ySSr �' a - " f:'Tt' ¢w,'3{�.� r .-9 1 � h +`.sC� <.`} d�t[����•.{�,s� /A�� l�y� � ni.+f ?` �n41 �}gy-ty.' Cr �.... ► ° ,1. f �1.,,�,� ( - ^'� y,�. � ' � {�' � 1- h�P`T•P!'�. '. ^��.�.Y�i:}��A�� i�+ �rM.�X �t a- 'i.. 1.. l r. f � _ \: y J. Ta. IQCkS01? v. o c. !a • 2s y y Pro 24•� 4O� L is e ns e�Linr; h .* sa /✓tit... ,_ R W :: --1 • Q 9p � ,x } s �: Maur Tack je t r .:::'G�i/�✓�i n l Q�� z } �d M l� LicensedL.nts• �' r !e Grade !"�., «:.,.. h � s }�jt`all .�•'r �i'r },�r- ice' j7-� K�Y� } �x�� },.s �L � a .'� t -_ .. a* + PC. G S/ ' } •.�s:,J yi q 1 s T le. -. 1.0. [ 1 t, _ .. - t .. .. Y PATS my - REVIRJONt3 ' FLORIDA EAST COAST RAILWAY CO. OFF'" 0r CHIFy RNGINEER PUBLIC GRADE CROSS /NG . • 3 , FO. R T Y QF SEBAST /RN A 7- S rroN AVENUE ..ir J� ' ✓�l s'1C-k 1"•N ' `d•-x � 4 .7:.;3 w .. ,� y t - i .. r�An''h; b Y } `Fk�Y•� -�r`"� ;.�� it ,.. ,�..,,._ r _ s: +�. r �Oliiaw i . }'• 12• r a �{++'. rp`"` 11.x•" -'' �.. .2 }.r�k•. :.�AWiI, by _ ..: 1 / tug. I!f- -� F ,r MCK=D my' VAA- M.- Na S5'D M.P. . . _. nut - SZ4b . PAT[ 2 B cwa. wo. S309% 71,81L/7/' .f COWMACTUAALL LLTADILITY x RS �'r OOA8? 1AiLwAT AXT , :..:._. AND PROPERTY DAMAGE LUD1sLiOi'YElu " 10,COMA ? PUSLZC LZAaILI?Y In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless the Florida East Coast Railway Company from and against all judgments, and all loss, damages, costs, charges, and expenses which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, up to the total sums of money, as follows: A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway Company, employees and officers of materialmen, em loyees and officers of the Contractor, employees and officers of all subcontractors, in the limits of $1,000,000.00 each person injured or killed, and $2,000,000.00 each occurrence. B. Loss damage, injury and 1088 of use of any real or personal i property (a) n which Florida East Coast Railway Company has any owner- ship interest and (b) personal property in the custody of Florida East .Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two.foregoing enumerations, all railroad equipment commonly described as rolling stock and th tents of the same, all in the aggregate limit of $2,000,000.00. e con - C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company occurring or originating during the first forty- eight (48) hours from, but excluding, the first five (5) minutes any break in the continuity or other obstruction of passage of trains, directly or indirectly arising from the Contractor's operations, upon said track or tracks, as the case may be, of Florida East Coast Rail- way Company at or within one hundred (100) feet of said location upon which the work is to be performed hereunder, the improvement, renova- tion, or repair of which is the subject matter of this construction contract, and also all expenses reasonably incurred by Florida East Coast Railway Company in and about the re- routing of its trains and cars to, via, and from the lines of railroad of other railroad common carriers during the first forty -eight (48) hours following any such ..break in the continuity of said track or tracks as the case may be of the Florida East Coast Railway Company at or within one hundred (160) feet of said areas. (4) IT IS ..� TLA� u Un OOA$'1' UUY/� ��y ACM j T gi 0"AIN= AIID IN ttTly fOIt+CS AND ' AT COBT CTOR. f In further consideration of the sums fled to be aid to Contractor Contractor,oat0°itsycosteaeci- penes, shall obtain and keep In effect insur cis$ in the limits of $1,009,000-00 pp ante policy or poli- and $2,000,000.00 each occurrence0and a$1,000,000.00 prope=tyilled damage per person and $2,000,000.00 property damage each occurrence directly by Contractual Liability Endorsement to Contractor's General Public Liability and Property Dame a Ina insuring Contractor against Joao or damage to Contractor uponet indemnities concurrently extended to the Florida East Coast Rails Rail- Way Company and within the limits specified in this Alternatively Contractor may procure and keep in effect ectdurin the life of the construction contract, as aforesaid Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against 108902 and damages but within the limits specified in this paragraph. All such insurance. ..directly or indirectly or the benefit of the Florida East Coast Railway o yy satisfactory to its Manager of Insurance shall be in a form casualty company - insurance company and issued by a in the State of Florida that has authorized to do business sand a financial size category of ClasseRI8'orating of A or A+ higher. (2i3 �J1► � ►pRM 04 1-&& It -at VASE I or a OV •. C B. C. 0 SECTION I UTILITY JOB NO IDEM IFICATION: Submitted By: Agent Tide Telephone Address Exhibit "C" STAYS Or FLORIDA DC►ARTMCNT Or TRANSPORTATION DIVISION Or PUBLIC TRANSPORTATION RAILROAD GRADE CROSSING APPLICATION STAYS ROAD NO. I COUNTY NAME PARCEL 6 RIW JOB NO. DOCKET NO. AGENCY Application For: [x ] closing a public at -grade rail /highway crossing b * - [ ] rail line removal ] roadway removal [ ] Opsning a public of -grade rail /highway crossing by - [ ] new rag line construction [ ] new roadwmv construction CROSS MG LOCATION: JwMetiolt for Street or Roadway by Authority of: !xi City I I county I I Stots Local Popular -Name of street or Roadw•av rn man- Stieeet_:(Secend Street); Railroad Company Rolroad Mile POE (Distance S Direction) + 3 Nearest Existing Grade CroESing< - Each Direction: Direction (I) Nnrt-h f�) South (Main Streetl Dis tmlce app rnx- 1.�A mile Map I I Artached (I Mailed Separate DOT CaosAn¢ -Number CR04- XII I..N;TALLATION- Roadway Traffic Vohnnr (ADT) ExiFtin_ ( I Propoe:d Type Roadw•a% Ix I Exi ?tin. 18! Asph-I t I I Proposed Type Pail Line ix I E\6tioe s i n l P f rank [ I Proposed Number of Trains Per Day 24 sped of Trains 30 MPH Con Estimate to Install Cror►in_Y o Cost of Initallatioll Clearer to % I AA0 cant I Odw Con Estimate for annual Maintenance !_osl of annual Main Irnance CharFr to I I AWicant 9 room ael•aa Is-10a ' rws.r a o► a E. SIGNAL INSTALLATION: Ty pe F4 flashing Lip o ( I Warning Bells (1 Gem / I Otter ItaWIstion Performed by c 1 Applicant ( I Railroad ( I Oder Cost Estimate to Install Sigrid# Cost of Installation Charge To (1 ,applicant ( I Other Cost Estimate for Annual Main Ienince $ Cwt of Annual Maintenance Charge To ( I Applicant (I Ober PUBLIC HEARLNG: Prior to the adoption of any rule or regulation for opening or closing at-grade public rail/highway crossings. if requested a public hearing will be held by the Secretary of the Department or his duly authorized hearing officer, pursuant to the provisions of Chapter 120, Florida Statutes, the Uniform Administrative Procedure Act . Wig Applicant Be Represented by Coumel at the Public ' Hearing' i 1 Yes (Complere Follooing) I 1 No Attorney Name Daniel M. Kilbride Jr. Attorney Telephone _ (305) 562 -8710 Attorney Address P. 0• Box 2427 Vero Beach, Florida 32961 De#eebe Material to be Placed in Evidence at Public Hearing: (MAW, resolutions, agreemenrt, documents,erc.) ' 1 :CBMITTED rOR THE AGENC) BY: DA7E. G 8 es Gallaghe Mayor DEPARTMENTAL APPROVAL BY. DATE: Di3tnCt fUilroall Uoor inator REFERENCES: (Specific Legal Authority) 20.03(5), 334.0:(6) F.S. (Lora Implemented) 338 " 2I F.5 (Administrative Rule) 1446.03 D.O.T. %TTACHIIENTS: (List) D