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
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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
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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
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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.
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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.
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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.
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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
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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 — • ...'.,' -,
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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
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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
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' FLORIDA EAST COAST RAILWAY CO.
OFF'" 0r CHIFy RNGINEER
PUBLIC GRADE CROSS /NG .
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FO. R T Y QF SEBAST /RN
A 7- S rroN AVENUE
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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.
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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