HomeMy WebLinkAboutCSX Transportation-Easement Agreement- 1991 08 01THIS EASEMENT AGREEMENT, made and entered into this day
of ~ ~~~ 1991 by and between CSX TRANSPORTATION, INC.,
a Virginia Corporation, hereinafter referred to as Railroad, and
CITY OF WINTER SPRINGS, 1126 East State Road 434, Winter Springs,
Florida 32708, hereinafter referred to as City:
WITNESSETH: That Railroad, for and in consideration of One
Dollar to it in hand paid by City, the receipt whereof is hereby
acknowledged, and of the covenants and agreements to be kept and
performed by City as hereinafter expressed, hereby grants to City
an easement or right of way, within the limits herinafter set out,
for constructing, improving and maintaining a highway or street
crossing (including the usual appurtenances, such as approaches,
paved roadway, curbs, gutters, sidewalks, shoulders, slopes, fills,
cuts and drainage facilities) at grade across the right of way and
track or tracks of Railroad at Central Winds Park Drive; Milepost
AU 779.97; U.S.DOT/AAR 621395-N; near Winter Springs, Seminole
County, Florida.
And City hereby covenants and agrees in consideration of said
agreement:
1(a). Said crossing shall be improved at the cost and expense
of City, but in a manner and of materials in all respects
satisfactory to Division Engineer of Railroad, and all incidental
expenses necessarily incurred in connection therewith shall be
borne by City. After crossing improvements have been completed,
City shall maintain said crossing at it's expense and in a manner
in all respects satisfactory to said Division Engineer, except,
however, Railroad shall maintain, but at City's expense, the
portion of said crossing between the rails of said track(s) and for
two feet on the outside of each rail thereof.
(b). Simultaneously with the execution of this agreement by
City, City hereby agrees to deposit with Railroad the sum of
$99,000.00 being the estimated amount of the cost of the work to be
performed by Railroad and the materials to be furnished by Railroad
in connection with the construction of (i) a 36ft Type "L"
Crossing, one track and (ii) automatic railroad grade crossing
traffic control devices; Type III Class III; hereinafter called
"Devices", at the location described herein, in accordance with
Florida Department of Transportation Standard Index No. 17882. In
the event said deposit is less than the actual cost borne by
Railroad, City shall also, upon receipt of a bill rendered by
Railroad, promptly pay such additional cost to Railroad. In the
event said deposit is in excess of the actual cost borne by
Railroad, Railroad shall promptly refund the difference to City.
Upon completion of the crossing improvements, Railroad shall
furnish to City a detailed statement showing the cost of all work
and materials used for construction of said crossing and signals.
(c). After said devices have been placed in service, Railroad
will operate and maintain said devices, and the maintenance expense
incident thereto shall be borne by City. The City will pay to
Railroad, upon presentation of bill at the end of each year as long
as said devices remain in service, the current rate of $1,650.00
for maintaining said devices. Rates for device maintenance will be
reviewed periodically, if rate should change, the amount billed
will be revised accordingly. In addition to said sum for device
maintenance to be paid by City to Railroad the City will be
obligated, within sixty days after receipt of itemized bill from
Railroad, to (i) reimburse Railroad for the cost of upgrading said
devices to prevent obsolescence and (ii) reimburse Railroad for the
cost of repairing, or replacing, said devices as a result of
damages thereto, howsoever resulting.
(d). City understands and agrees that said crossing shall not
be open to public use until said railroad grade crossing traffic
control devices have been placed in service.
2. City will bear the cost of all temporary and permanent
changes made necessary in Railroad's signal wire line or other
facilities, and in the wire line facilities of any utility that has
compensable interest on Railroad's right-of-way occasioned by the
construction of said crossing and the occupancy of Railroad's
property.
3. The cost of all work performed by Railroad (including
flagging and engineering services, if any) and all materials
furnished by Railroad within the scope of this agreement to which
City is obligated to reimburse Railroad for the cost thereof shall
have surcharges added thereto in accordance with Federal-Aid
Highway Program Manual Transmittal 129, dated April 25, 1975, in
effect at the time the work is accomplished. All other accounting
and reimbursement shall be in accordance with Railroad's usual
practice in effect for similar work at the time the project is in
progress.
4. During such time that Railroad performs improvements,
maintenance or repairs to said crossing, City will, and at the
directions of Railroad, either close said crossing to traffic or
provide flagging protection ( and temporary detour, if deemed
necessary ) at City's expense.
5(a). Railroad reserves the right at any time, if it so
desires, to construct an additional track or tracks across said
crossing; in such event, Railroad shall have the right and is
hereby granted the privilege to remove any paving from said
crossing to the extent necessary for the construction of said track
or tracks and, upon completion of the trackage construction,
Railroad will, but at City's entire cost and expense, add
additional Type "L" crossing's; thereafter, Railroad will, but at
City's expense, maintain the portion of said crossings between the
rails of said track or tracks and for two feet on the outside of
each rail thereof. In the event relocation of signals is required
due to construction of said track of tracks, the cost thereof shall
also be borne by City.
(b). Railroad also reserves the right at any time, if it so
desires, to remove (abandon) any trackage located within the limits
of said crossing; in such event Railroad shall have the right and
is hereby granted the privilege to remove any paving from said
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crossing to the extent necessary for the removal of said trackage
and, upon completion of said trackage removal, Railroad will
restore said crossing at City's expense.
6. In consideration for the rights hereby granted, it is
expressly agreed that the Railroad shall not at any time or in any
manner be assessed with the cost or any part of the cost of the
construction and maintenance of any improvement constructed now or
at any time in the future on or adjacent to said crossing.
7. City understands that this agreement does not allow City
to install or permit the installation of any other utility within
the limits of the crossing described herein.
8(a). City agrees to save harmless Railroad, its successors
and assigns from any and all claims, including reasonable
attorney's fees, arising out of any suit, on account of personal
injuries or damage to property of whatever nature arising during
construction, reconstruction or on account of improper or faulty
drainage arising out of said construction or reconstruction of said
crossing which is the result of City's sole negligence to the
extent permitted by Section 768.28, Florida Statutes (1989) as
amended, if applicable. If Section 768.28 as amended applies, both
parties recognize that the procedures of Subsection (9) must be
complied with.
9(a). City will require its contractor to purchase at no cost
to Railroad and to maintain until work on the crossing and
approaches is completed and accepted, Railroad Protective Liability
Insurance in a combined single limit of $3,000,000.00 for all
personal injury and property damage per occurrence, subject to an
aggregate limit of $6,000,000.00 per annual policy period. The
policy of. insurance shall name Railroad as the named insured,
address 500 Water Street, Jacksonville, Florida 32202, and the
original policy shall be sent to Railroad's Casualty Insurance
Department for approval and filing prior to contractor's entry on
the job site. The policy shall be written on the ISO/RIMA (CG 00 3S
11 85) with Pollution Exclusion Amendment (CG 28 31 11 85),
endorsement deleting Common Policy Conditions (CG 99 01) if Common
Policy Conditions are included in the policy and Broad Form Nuclear
Exclusion (IC 00 21).
(b). As an alternative, City shall pay Railroad a fee of
$1,000.00 which will relieve City and its contractor of the
responsibility for placing Railroad Protective Liability Insurance.
(c). City shall also require any contractor(s) to procure and
maintain throughout construction. or reconstruction of said crossing
a Commercial General Liability Policy on a form no more restrictive
then the latest edition of the Commercial General Liability Policy
filed by the Insurance Services Office and must include: minimum
limits of $3,000,000.00 per occurrence and $6,000,000.00 aggregate
for bodily injury liability and a minimum limit of $3,000,000.00
for property damage liability or $6,000,000.00 aggregate. Railroad
and City are specifically named as as additional insureds. Railroad
requires proof of said insurance be sent to Railroads Casualty
Insurance Department, for approval prior to any work being
performed in CSX Transportation, Inc. Right-of-Way.
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(d). It is specifically recognized that employees of CITY OF
WINTER SPRINGS itself will perform no work on said railroad
crossing or on CSXT property.
10. It is understood and agreed that this easement agreement
shall not be binding until it has been authorized or ratified by a
proper ordinance or resolution of the City Board of Commissioners,
a certified copy of which ordinance or resolution is attached
hereto and made a part hereof.
IN WITNESS WHEREOF the parties hereto have executed these
presents in duplicate the day and year first above written.
Witnesses for RAILROAD:
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Witnesses for City:
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CSX TRANSPORTDATION,/I'NC~:
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By (L.S.
J• R. Clark
Assistant Chiet bnSinear-Pubiio
1'i o j e:;ts & Construction
CITY ~F WINTER ~~RINGS„ FLORIDA:
By ~ ~ (L.S.)
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Attest~~~ ~J,A,/~~(SEAL)
ler
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