HomeMy WebLinkAboutVII(D) Discussion/ Action Re: Lease Agreements With Florida Central Railroad For Pipeline Crossing Reuse ProjectAgenda 8-17-99
JI
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" tem YOR • e UO D
MMISSIONER
OCOee S. SCOTT VANDERGRIFT
0
O CITY OF OCOEE
COMMISSIONERS
Q 150 N. LAKEsHORE DRIVE DANNY HOWELL
D OCOEE, FLORIDA 34761-2258 SCOTT ANDERSON
407 656-2322 RUSTY JOHNSON
+ NANCY J. PARKER
�f SID
CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
DATE: August 12, 1999
TO: The Honorable Mayor and Board of City Commissioners
FROM: David Wheeler, Assistant City Engineer/Utilities Director
SUBJECT: Lease Agreements for Two Pipeline Crossings
with Florida Central Railroad Company, Inc.
As a part of the installation of the reuse transmission mains from the Reuse Storage and Pumping
Facilities located on the Wastewater Treatment Plant on A.D. Mims Road out to and along
Clarke Road, the pipelines need to cross the Florida Central Railroad at two locations. These
two locations are: 1) at the southwest corner of the City property on A.D. Mims Road where the
Beech Recreation Center and the Wastewater Treatment Facility are located and 2) at the
intersection of Clarke and A.D. Mims Roads. See the attached aerial photograph prints for more
detail.
Applications were submitted to the Florida Central Railroad Company, Inc. for these crossings
and the attached copies of the Lease Agreements were received for review and approval. The
annual lease cost is $400.00 per crossing with the first year's payment to be included in the
project budget and be paid out of the 1997 Utility Bond Issue. All future payments will be paid
by the Wastewater Operating Account.
The Florida Central Railroad Company, Inc. is requiring to be named as additional insured on the
City's policies under the provisions of Section 12 of the Agreement. In addition, they are
requiring a Railroad Protective Liability Policy which will be in effect during the construction of
the pipelines. This additional policy will cost $2,500.00 and will be paid as a part of this project
under the 1997 Utility Bond Issue. The quote for this policy is attached to the copy of the Lease
Agreement with this staff report.
I recommend that the City Commission authorize the Mayor and City Clerk to execute the two
Lease Agreements, Contract # OCOE-61-142 and # OCOE-61-143, with the Florida Central
Railroad Company, Inc.
Attachments
PMT�
Protect Ocllee F mater ftes,°taecf
CONTRACT # OCOE-61-142
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into as of this I" day of April, 1999 by and between
FLORIDA CENTRAL RAILROAD COMPANY, INC., a Florida corporation, (hereinafter
referred to as "Railroad"), and the CITY OF OCOEE, a political subdivision of the State of
Florida '(hereinafter referred to as the "User"), collectively referred to as the "Parties."
WITNESSETH:
WHEREAS, User, for the economical and convenient conduct of User's business, desires to obtain
from Railroad a privilege to use a portion of Railroad's property as defined below, without
establishing, claiming, or possessing any estate or interest therein, (hereinafter a "License"), for the
benefit of User; and
WHEREAS, Railroad has the right, power and authority to enter into this License pursuant to a
lease agreement with CSX Transportation, Inc.; and
WHEREAS, User desires to construct and maintain an underground reuse transmission pipeline
(hereinafter the "Pipe") within the License area, hereinafter defined below.
NOW, THEREFORE, Railroad, in consideration of a Two Hundred Dollar ($200) application fee
paid by User, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, hereby grants unto User, its successors and assigns, a License, with authority
to enter upon, construct and maintain, pursuant to this License, a Pipe, as more fully described
above, across the following described lands, situated, lying in and being in Ocoee, Orange County,
FL to wit:
1500 feet West of Railroad's Mile Post 835, near A.D. Mims Road
as shown on Exhibits A & B attached hereto and made a part hereof, hereinafter referred to as the
"License Area".
The Parties agree that this License is subject to the following terms and conditions:
REFERENCE TO PROPERTY OWNER
This License shall be subject to the terms and conditions of that certain lease agreement
between Florida Central Railroad and CSX Transportation. Inc., a memorandum of which is
recorded in the public records of Orange County, FL.
2. STATUS OF SUBCONTRACTORS
For purposes of this agreement, all references to User shall include User, its contractors,
subcontractors, agents, officers, employees and others acting under its or their authority.
3. NO WARRANTIES
This License is herein granted without any warranty, express or implied, and User hereby
agrees that no damages shall be recoverable from Railroad because of any dispossession of
User or because of any failure of, defect in, cancellation of, or termination of, Railroad's
property interest in the License Area.
4. USE
User shall use the Pipe that is the subject of this Agreement for a reuse transmission pipeline
only and any other purpose or use is not permitted. Regardless, User agrees that this License
shall not be used in any way that will inhibit the use of the License Area by Railroad, its
successors or assigns.
CONDUCT OF WORK
All work connected with the construction, maintenance, repair, renewal, modification,
relocation, reconstruction or removal of the said Pipe shall be undertaken within the License
Area; however no such work shall be performed without prior written notice to, and approval
of, Railroad's General Manager. Any and all work shall be performed in a manner
satisfactory to the Railroad. All work shall be performed at times and in a manner which
shall least affect the reasonable operation of the business of Railroad.
6. GOVERNMENT REQUIREMENTS
Installation of the Pipe pursuant to this License agreement shall be performed in accordance
with all appropriate governmental and administrative requirements for the use(s) for which
such Pipe(s) are to be maintained.
7. RAILROAD COSTS AND EXPENSES
User agrees to pay to Railroad any reasonable costs or expenses incurred by Railroad due to
Railroad's granting of this License or due to the use, maintenance or existence of said
License by User.
8. NON PERMANENT LOCATION
User recognizes that it may be in the best interest of Railroad to move the Pipe to other areas
within Railroad's property, and therefore, User agrees, at User's cost and expense, to move or
relocate the said Pipe at the reasonable request of Railroad. User hereby agrees to effectuate
and perform such move expeditiously and within reasonable constraints of time.
9. ANNUAL FEE
User shall pay to Railroad for this License, a yearly rental of Four Hundred Dollars ($400),
said rental to begin on the date of execution of this License Agreement. The rental shall be
payable in advance, plus sales tax if applicable, in annual payments as long as this License
remains in force and effect. It is distinctly understood and agreed that Railroad reserves the
right to increase such fee annually in proportion to the increase in the Consumer Price Index
as published by the United States Department of Labor, Bureau of Labor Statistics issued in
December preceding each anniversary date of this Agreement over such Index issued in the
preceding December. In the event User fails to make the aforesaid annual payment, User
shall be considered to be in default, and this License shall cease, be null and void and of no
2
further force or effect, and the pipes, wires or facilities installed shall become the property of
Railroad but only after written notice from Railroad of User's default and the passage of a
thirty (30) day opportunity to cure such default.
10. RISK LIABILITY. INDEMNITY
10.1 To the extent permitted by law, User shall defend, indemnify and save Railroad
harmless, from and against, any and all liability, loss, claim, suit, damage, charge, or expense
which Railroad may suffer, sustain, incur or in any way be subjected to, on account of death
of, or injury to, any person whomsoever (including officers, agents, employees or invitees of
Railroad) and for damage to or loss of or destruction of any property whatsoever, arising out
of, or resulting from, or in any way connected with, the construction, presence, existence,
repair, maintenance, replacement, operations, use, or removal of User's Pipe, or any
structure in connection therewith, or restoration of the License Area to good order or
condition.
10.2. Use of Railroad's right of way involves certain risks of loss or damage as a result of
Railroad's operations. User expressly assumes all risk of loss and damage to User's property
or pipeline, in, on, over or under the License Area, including loss of, or any interference with
use thereof, regardless of cause, including derailment, arising out of Railroad's operations.
For this section, User's property shall include Pipe contents as well as property of third
parties situated or placed upon Railroad's right of way by User or by such third parties at the
request of or for the benefit of User.
10.3 User also expressly assumes all risk of loss which may result from User's failure to
maintain either the pipeline or the required depth and encasement for the pipeline.
10.4 User assumes all responsibility for, and agrees, to the extent permitted by law, to
defend, indemnify and hold Railroad harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees as a consequence of any pollution of air, water, land
and/or ground water on or off the License Area, arising from, or in connection with, the use
of this License Area or resulting from the leaking, bursting, spilling, or escape of the
material transmitted in or through User's Pipe; (b) any claim or liability arising under federal
or state law dealing with pollution of air, water, land, and/or ground water arising therefrom
or the remedy thereof, and (c) any subsidence or failure of lateral or subjacent support of
Railroad's tracks.
10.5 Obligations of User hereunder to defend, indemnify and hold Railroad harmless shall
also, to the extent permitted by law, extend to companies or other legal entities that control
or are controlled by subsidiaries or are affiliated with Railroad and its/their respective
officers, agents and employees.
10.6 If a claim is made or action is brought against either party, for which the other party
may be responsible hereunder in whole or in part, such other party shall be notified and
permitted to participate in the handling or defense of such claim or action.
3
11. COSTS AND ATTORNEYS' FEES
In the event Railroad is required to retain the services of attorneys, other professionals or
persons in order to protect itself from any liabilities or obligations that may accrue from this
Agreement, User agrees to pay any and all such attorneys' fees, professional fees and costs
so incurred, including but not limited to, said attorneys' fees and costs for litigation and
appeals thereof provided that Railroad is successful in any litigation against User or User's
agents.
12. INSURANCE
User or any of its agents agrees to obtain the following insurance for Railroad's protection:
(a) General liability insurance in the amount of Two Million dollars ($2,000,000);
(b) Contractual liability in the amount of Two Million dollars ($2,000,000);
(c) Worker's compensation, statutory limits or greater;
(d) Automobile liability, One Million dollars ($1,000,000); and
(e) Railroad Protective Liability with bodily injury protection of Two Million dollars
($2,000,000) and property damage of Two Million dollars ($2,000,000).
All such insurance shall name Railroad as an additional insured. The original of the railroad
protective liability policy shall be provided to Railroad and certificates of insurance
evidencing User's compliance with subparagraphs (a), (b), (c) and (d) above shall be
forwarded to Railroad prior to any work commencing on or within the License Area.
13. NOTICES:
All notices on the part of User to Railroad shall be given in writing to the General Manager,
FLORIDA CENTRAL RAILROAD COMPANY, INC., P. O. Box 967, Plymouth, FL
32768.
All notices, on the part of Railroad to User, shall be given in writing to Assistant City
Engineer/Utility Director, City of Ocoee, 150 N. Lakeshore Drive, Ocoee, Florida 34761.
14. TERMINATION
This agreement may be terminated by Railroad or User by the giving to the other party thirty
(30) days advance written notice of its intention to so terminate. In the event of termination,
User shall remove the pipe, wire or facility from the License Area within thirty (30) days
after termination of this License and shall restore the License Area as nearly as possible to as
good order and condition as when original entry was made thereon by said User. Upon
failure to do so, Railroad may, at any time thereafter, remove the pipe, wire or facility and
repair the said premises at the sole expense, cost and liability of User.
0
15. ASSIGNMENT
No assignment of rights or privileges hereunder by User shall be valid unless the written
consent of Railroad is first obtained. However, not withstanding this provision, User may
assign this agreement to a parent, affiliate, or subsidiary company upon reasonable advance
prior written notice and documentation satisfactory to Railroad that the assignee has
assumed the obligations of the Agreement.
16. FUTURE PARTIES
This License shall inure to the benefit of, and be binding upon, the Parties hereto and their
respective, heirs, legal representatives, successors and, in the case of the User, its permitted
assigns.
17. RAILROAD REGULATIONS
User agrees that it shall observe and obey all regulations of Railroad respecting the use of the
License and the License Area and all appropriate regulations of governmental bodies and
administrative agencies applicable to said use.
18. REMEDIES
The remedies under this Agreement are cumulative and shall not exclude any other remedies
to which any party may be lawfully entitled. The failure of any party to insist upon the strict
performance of a covenant hereunder or any obligation hereunder, shall not be a waiver of
such party's right to demand strict compliance therewith in the future. User shall be
responsible for and agrees to pay, any and all legal fees and costs incurred by the Railroad in
connection with the breach of its obligations under this Agreement, and the granting of this
License hereunder.
19. CAPTIONS
All titles or captions are inserted only for convenience and they in no way shall be construed
to define, limit or describe the scope of this Agreement or any provision thereof.
20. SEVERABILITY
If any clause or provision of this Agreement shall be deemed.to be invalid or unenforceable
under present or future laws, then, in that event it is the intention of the Parties that the
remainder of this Agreement shall not be affected thereby.
21. CHOICE OF LAW
This instrument is being delivered and is intended to be performed in the state of Florida and
shall be construed and enforced in accordance with the laws of that state. Any aggrieved
party may proceed to enforce its rights in the appropriate action at law or in equity. Venue
for all suits arising out of this instrument shall lie exclusively in the Courts of Florida. By
execution or adoption of this agreement, each party hereby submits itself to the in personam
jurisdiction of the Courts of Florida.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day, month and year first
written above.
Signed and delivered in the presence of:
Witness
Print Name:
Witness
Print Name:
ATTEST:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
CITY OF OCOEE, FLORIDA APPROVED
AS TO FORM AND LEGALITY THIS _
DAY OF , 199_.
FOLEY & LARDNER
City Attorney
N
FLORIDA CENTRAL RAILROAD
COMPANY, INC.
By:
John P. Levine
Executive Vice President
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 199_ UNDER
AGENDA ITEM NO.
GAAdmin\Contracts\FCEN\Ocoee Pipe Lic Agr.l.doc
CONTRACT # OCOE-61-143
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into as of this 1st day of April, 1999 by and between
FLORIDA CENTRAL RAILROAD COMPANY, INC., a Florida corporation, (hereinafter
referred to as "Railroad"), and the CITY OF OCOEE, a political subdivision of the State of
Florida (hereinafter referred to as the "User"), collectively referred to as the "Parties."
WITNESSETH:
WHEREAS, User, for the economical and convenient conduct of User's business, desires to obtain
from Railroad a privilege to use a portion of Railroad's property as defined below, without
establishing, claiming, or possessing any estate or interest therein, (hereinafter a "License"), for the
benefit of User; and
WHEREAS, Railroad has the right, power and authority to enter into this License pursuant to a
lease agreement with CSX Transportation, Inc.; and
WHEREAS, User desires to construct and maintain an underground reuse transmission pipeline
(hereinafter the "Pipe") within the License area, hereinafter defined below.
NOW, THEREFORE, Railroad, in consideration of a Two Hundred Dollar ($200) application fee
paid by User, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, hereby grants unto User, its successors and assigns, a License, with authority
to enter upon, construct and maintain, pursuant to this License, a Pipe, as more fully described
above, across the following described lands, situated, lying in and being in Ocoee, Orange County,
FL to wit:
100 feet West of Railroad's Mile Post 835 near A.D. Mims Road
as shown on Exhibits A and B attached hereto and made a part hereof, hereinafter referred to as the
"License Area":
The Parties agree that this License is subject to the following terms and conditions:
REFERENCE TO PROPERTY OWNER
This License shall be subject to the terms and conditions of that certain lease agreement
between Florida Central Railroad and CSX Transportation. Inc., a memorandum of which is
recorded in the public records of Orange County, FL.
2. STATUS OF SUBCONTRACTORS
For purposes of this agreement, all references to User shall include User, its contractors,
subcontractors, agents, officers, employees and others acting under its or their authority.
3. NO WARRANTIES
This License is herein granted without any warranty, express or implied, and User hereby
agrees that no damages shall be recoverable from Railroad because of any dispossession of
User or because of any failure of, defect in, cancellation of, or termination of, Railroad's
property interest in the License Area.
4. USE:
User shall use the Pipe that is the subject of this Agreement for a reuse transmission pipeline
only and any other purpose or use is not permitted. Regardless, User agrees that this License
shall not be used in any way that will inhibit the use of the License Area by Railroad, its
successors or assigns.
5. CONDUCT OF WORK
All work connected with the construction, maintenance, repair, renewal, modification,
relocation, reconstruction or removal of the said Pipe shall be undertaken within the License
Area; however no such work shall be performed without prior written notice to, and approval
of, Railroad's General Manager. Any and all work shall be performed in a manner
satisfactory to the Railroad. All work shall be performed at times and in a manner which
shall least affect the reasonable operation of the business of Railroad.
6. GOVERNMENT REQUIREMENTS
Installation of the Pipe pursuant to this License agreement shall be performed in accordance
with all appropriate governmental and administrative requirements for the use(s) for which
such Pipe(s) are to be maintained.
7. RAILROAD COSTS AND EXPENSES
User agrees to pay to Railroad any reasonable costs or expenses incurred by Railroad due to
Railroad's granting of this License or due to the use, maintenance or existence of said
License by User.
NON PERMANENT LOCATION
User recognizes that it may be in the best interest of Railroad to move the Pipe to other areas
within Railroad's property, and therefore, User agrees, at User's cost and expense, to move or
relocate the said Pipe at the reasonable request of Railroad. User hereby agrees to effectuate
and perform such move expeditiously and within reasonable constraints of time.
9. ANNUAL FEE
User shall pay to Railroad for this License, a yearly rental of Four Hundred Dollars ($400),
said rental to begin on the date of execution of this License Agreement. The rental shall be
payable in advance, plus sales tax if applicable, in annual payments as long as this License
remains in force and effect. It is distinctly understood and agreed that Railroad reserves the
right to increase such fee annually in proportion to the increase in the Consumer Price Index
as published by the United States Department of Labor, Bureau of Labor Statistics issued in
December preceding each anniversary date of this Agreement over such Index issued in the
preceding December. In the event User fails to make the aforesaid annual payment, User
shall be considered to be in default, and this License shall cease, be null and void and of no
2
further force or effect, and the pipes, wires or facilities installed shall become the property of
Railroad but only after written notice from Railroad of User's default and the passage of a
thirty (30) day opportunity to cure such default.
10. RISK LIABILITY, INDEMNITY
10.1 To the extent permitted by law, User shall defend, indemnify and save Railroad
harmless, from and against, any and all liability, loss, claim, suit, damage, charge, or expense
which Railroad may suffer, sustain, incur or in any way be subjected to, on account of death
of, or injury to, any person whomsoever (including officers, agents, employees or invitees of
Railroad) and for damage to or loss of or destruction of any property whatsoever, arising out
of, or resulting from, or in any way connected with, the construction, presence, existence,
repair, maintenance, replacement, operations, use, or removal of User's Pipe, or any
structure in connection therewith, or restoration of the License Area to good order or
condition.
10.2. Use of Railroad's right of way involves certain risks of loss or damage as a result of
Railroad's operations. User expressly assumes all risk of loss and damage to User's property
or pipeline, in, on, over or under the License Area, including loss of, or any interference with
use thereof, regardless of cause, including derailment, arising out of Railroad's operations.
For this section, User's property shall include Pipe contents as well as property of third
parties situated or placed upon Railroad's right of way by User or by such third parties at the
request of or for the benefit of User.
10.3 User also expressly assumes all risk of loss which may result from User's failure to
maintain either the pipeline or the required depth and encasement for the pipeline.
10.4 User assumes all responsibility for, and agrees, to the extent permitted by law, to
defend, indemnify and hold Railroad harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees as a consequence of any pollution of air, water, land
and/or ground water on or off the License Area, arising from, or in connection with, the use
of this License Area or resulting from the leaking, bursting, spilling, or escape of the
material transmitted in or through User's Pipe; (b) any claim or liability arising under federal
or state law dealing with pollution of air, water, land, and/or ground water arising therefrom
or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of
Railroad's tracks.
10.5 Obligations of User hereunder to defend, indemnify and hold Railroad harmless shall
also, to the extent permitted by law, extend to companies or other legal entities that control
or are controlled by subsidiaries or are affiliated with Railroad and its/their respective
officers, agents and employees.
10.6 If a claim is made or action is brought against either party, for which the other party
may be responsible hereunder in whole or in part, such other party shall be notified and
permitted to participate in the handling or defense of such claim or action.
3
11. COSTS AND ATTORNEYS' FEES
In the event Railroad is required to retain the services of attorneys, other professionals or
persons in order to protect itself from any liabilities or obligations that may accrue from this
Agreement, User agrees to pay any and all such attorneys' fees, professional fees and costs
so incurred, including but not limited to, said attorneys' fees and costs for litigation and
appeals thereof provided that Railroad is successful in any litigation against User or User's
agents.
12. INSURANCE
User or any of its agents agrees to obtain the following insurance for Railroad's protection:
(a) General liability insurance in the amount of Two Million dollars ($2,000,000);
(b) Contractual liability in the amount of Two Million dollars ($2,000,000);
(c) Worker's compensation, statutory limits or greater;
(d) Automobile liability, One Million dollars ($1,000,000); and
(e) Railroad Protective Liability with bodily injury protection of Two Million dollars
($2,000,000) and property damage of Two Million dollars ($2,000,000).
All such insurance shall name Railroad as an additional insured. The original of the railroad
protective liability policy shall be provided to Railroad and certificates of insurance
evidencing User's compliance with subparagraphs (a), (b), (c) and (d) above shall be
forwarded to Railroad prior to any work commencing on or within the License Area.
13. NOTICES:
All notices on the part of User to Railroad shall be given in writing to the General Manager,
FLORIDA CENTRAL RAILROAD COMPANY, INC., P. O. Box 967, Plymouth, FL
32768.
All notices, on the part of Railroad to User, shall be given in writing to Assistant City
Engineer/Utility Director, City of Ocoee, 150 N. Lakeshore Drive, Ocoee, Florida 34761.
14. TERMINATION
This agreement may be terminated by Railroad or User by the giving to the other party thirty
(30) days advance written notice of its intention to so terminate. In the event of termination,
User shall remove the pipe, wire or facility from the License Area within thirty (30) days
after termination of this License and shall restore the License Area as nearly as possible to as
good order and condition as when original entry was made thereon by said User. Upon
failure to do so, Railroad may, at any time thereafter, remove the pipe, wire or facility and
repair the said premises at the sole expense, cost and liability of User.
19
15. ASSIGNMENT
No assignment of rights or privileges hereunder by User shall be valid unless the written
consent of Railroad is first obtained. However, not withstanding this provision, User may
assign this agreement to a parent, affiliate, or subsidiary company upon reasonable advance
prior written notice and documentation satisfactory to Railroad that the assignee has
assumed the obligations of the Agreement.
16. FUTURE PARTIES
This License shall inure to the benefit of, and be binding upon, the Parties hereto and their
respective, heirs, legal representatives, successors and, in the case of the User, its permitted
assigns.
17. RAILROAD REGULATIONS
User agrees that it shall observe and obey all regulations of Railroad respecting the use of the
License and the License Area and all appropriate regulations of governmental bodies and
administrative agencies applicable to said use.
18. REMEDIES
The remedies under this Agreement are cumulative and shall not exclude any other remedies
to which any party may be lawfully entitled. The failure of any party to insist upon the strict
performance of a covenant hereunder or any obligation hereunder, shall not be a waiver of
such party's right to demand strict compliance therewith in the future. User shall be
responsible for and agrees to pay, any and all legal fees and costs incurred by the Railroad in
connection with the breach of its obligations under this Agreement, and the granting of this
License hereunder.
19. CAPTIONS
All titles or captions are inserted only for convenience and they in no way shall be construed
to define, limit or describe the scope of this Agreement or any provision thereof.
20. SEVERABILITY
If any clause or provision of this Agreement shall be deemed to be invalid or unenforceable
under present or future laws, then, in that event it is the intention of the Parties that the
remainder of this Agreement shall not be affected thereby.
21. CHOICE OF LAW
This instrument is being delivered and is intended to be performed in the state of Florida and
shall be construed and enforced in accordance with the laws of that state. Any aggrieved
party may proceed to enforce its rights in the appropriate action at law or in equity. Venue
for all suits arising out of this instrument shall lie exclusively in the Courts of Florida. By
execution or adoption of this agreement, each party hereby submits itself to the in personam
jurisdiction of the Courts of Florida.
5
IN WITNESS WHEREOF, the Parties have executed this Agreement the day, month and year first
written above.
Signed and delivered in the presence of:
Witness
Print Name:
Witness
Print Name:
ATTEST:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
CITY OF OCOEE, FLORIDA APPROVED
AS TO FORM AND LEGALITY THIS _
DAY OF 5199.
FOLEY & LARDNER
0
City Attorney
C:
FLORIDA CENTRAL RAILROAD
COMPANY, INC.
By:
John P. Levine
Executive Vice President
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 199_ UNDER
AGENDA ITEM NO.
GAAdmin\Contracts\FCEN\Ocoee Pipe Lic Agr.2.doc
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PNooucNZN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Poe & Brown, Inc . DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
2600 Lake Lucien Drive, #100 ;POLICIES BELOW.
.........E§....E.LO ........................ I...........................................................................
Maitland, FL 32751-7234 COMPANIES AFFORDING COVERAGE
(407) 660-8282 Fax 660-2012..........................................................
°�Y A Coregis Ins. Co (RMA)
......... .
..................... ............................................ ...... .... ....... ........... ..... ... .
” " " Y B Govt. Risk Ins.Truet/Riscorp
INSURED
.................... ............... .... . .
City of Ocoee COMPANY C
Attn: Debbie McDonald i`
ETTER
150 Lakeshore Drive COMPANY
Ocoee, FL 34761-2258 :..LETTER . D ...........................................................................................
COMPANY E
LETTO?
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SURIECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.............................................. ......................... ,................. . .
CID TYPE OF INSURANCE POLICY NUUBEA :POLICY ET}ECTiVE >?OL1CY ETIPIRATION LAIRS
LTR; i DATE WM)DDIYY) DATEIMMIDDN'vl
........................ : . ............... .
A GENERAL UABILM
GENERAL AGGREGATE :.. 6, 0 0 0, 0 0 0
X COMMERCIAL GENERAL LLARL17Y i SS14XM$B4-7 PROOUCYS-COMPICP A00. 000 , 00 O
CLAMS MADE j OCCUR, i PERSONAL 8 4DV. NJURY : S 1, 0 0 0 0 0 0
:09/30/96 09/30/99 ...............................................:. f.,,......
OWNER'S & CONTRACTDFrS PROT. ;EACH OCCURtNCE :S 2,000 90.0
.....................
1 s•FI ... _ fire) :$ 50,
., .
IRE DAMAGE (Any ane
:........................................... . • • ...............................................
. ... .... .
....................
MED EXPENSE (Any one pawn)•5 5 { P.9 0
'•AUiOYOBLE UAMITY i C�... EO SINGLE ..
MBIN
A X: ANY AUTO fi51-Q0686ri-7 LIMB § 2, 0 0 0, 0 0 0
.................... .
:ALL OWNED AUTOS :0 9 /3 0 /9 6 0 9/ 3 0/ 9 9 e0DILY INJURY 5
...i SCHEDULED AUTOS ' person)
X HIRED AUTOS
X
NON -OWNED AUTOS
GARAGE LLQILTTY
>..X..
................ .
EICCESS LIABLITY
UMBRELLA FORM
Post -It` Fax Note 7671
D81�5
1Z paged' I
To I
IPERTY DAMAGE
: $
CoJDepLi�� • T
Co.
Pnonen • 'at XIS
Phono#
Puo S--Isa-
Fax P i c
Fax #
r CQ) ) }•may
... ... .....
)ILY INJURY
.:....... ..................... .
' gccldarQ
' $
IPERTY DAMAGE
: $
....................................
Hi OCCURIENCE
............................
:5
.................................................................................
,REGATE
: S
OTHER THAN UMBRELLA FOAM
...... ..................................................
:..................... x...................
WOiU(ER'S COMPENSATION
STA7UTORY LIMITS ..:::.'.::::;::r::::
B` AND 599
;10/0/98
10/01/99,EACF'ACCI°ENI......................:5.............��..Q.�I
DISEASE _ POLICY LMIT s
500,000
EIPLOYERW L ABum
...................................,
.............................................................................. ..
DISEASE EACH EMPLOYEE 5
.
1.0-0..'.9.0.9
OTHER
,,,,.,,,,......,..........................................
...
A:: INLAND MARINE 651-006884-7
:09/30/98
09/30/99; Contr.Egpmt.
745,217
:Property
:Deductible
250
:...............................................................:................ ................... ...................
OESCNPr10N GF Gia[3fAT1ONSIOCAT)ONS 511CLE&WEC" MOSS
......................................
....................... •• .,,,,•.....................................
..........
Certificate holder is additional
insured
Florida
Inc.
P.O. Box
Plymouth
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
;i MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Central Railroad Company, !€ LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
iv
„4 LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
967
FL 32768
4-
08/09/99 16:08 FAX 4076601056 BROWN & BROWN Q002
1 312 HH3 1.OB-a'BROWN
'*'BROWN iN0-; i+• Page 1 _
Received: B/ Hl9H 2:47PM; ;P, 01•
0CIATE Fax:1-312-993-11(% Aug 9 '99 ^i3:46�
A.
J. WAYNE 8 ASS ,•� : � A: C.i .:&ti•'�
Phone (31a)-993-9666 ext. 136
David Wsvak
Fax. (312)-993- 1105
QVAMM4 - Stns 303
651 W. Wsshingtou Blvd.,
Chicago,IL 60661
� a S � 'L .�. a Deliver Ymmedx��lY - , •• . . • • ..
p�ugust, 9..1999
To: grown &grown Insurance
Attn: Mr. Ken L. Enlow, CLU; AAI
Page I Of l
Yte: Florida C09&ai Railroad Company
near Ken,
for our recent submission. We are Plea
to offer the following Railroad Protective:
rna� you y
quotation:
$2,000,000 per occiurence / $2,000,000 aggregate ;
$2,500
M1
• r; Reliance National Indemcity Company (licensed)
September 1, 1099 to 1, 2000 :
Pipo•instaniiion aa.par.00atiacS # OCOF-.
ro cct :
n ' ISO C60035 (07/98) acr.'ep k to morailroads
st :
Pollution Exclusiozi Amendment
Asbestos Exclusion
Polychlorinated Bipbevyls (PCB) Exclusion
Engineers, Architects or Surveyors Professional Liability Exchision '
Nuclear Energy Liability Exclusion (Broad Form)
Common Policy Conditions =
Calculation of Premium Endorsement
(We will send copies oi'these endorsements/forms upon request)
lYa '
Subject to the name and address of the contractor (sub-coT&actor), and the. -
contractor having minimum limits of $iMM/$2MM. Please feel free ta'.
call if you have any gwsstions.
Sincerely,