HomeMy WebLinkAboutResolution 84-10
RESOLUTION # 84-10
4It.orm 3517-S-FLA-Sheet 1
Revised Nov. 1983
RE-29799
10Tt0824841 24
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THIS EASEMENT AGREEMENT, Made and entered into this 24th day of August,
1984, by and between the SEABOARD SYSTEM RAILROAD, INC., a Virginia
corporation, hereinafter referred to as Grantor, and CITY OF OCOEE, of the
State of Florida, hereinafter referred to as the Grantee:
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WITNESSETH: That Grantor, for and in consideration of One Dollar to it
in hand paid by Grantee, the receipt whereof is hereby acknowledged, and of
the covenants and agreements to be kept and performed by Grantee as
hereinafter expressed, hereby grants to Grantee an easement or right of way,
within the limits hereinafter set out, for constructing 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 Grantor at Prairie Lake Boulevard, Ocoee, Florida, said
crossing being 60 feet in width, i.e., 30 feet wide on each side of a line
which extends across said right of way in a northwest-southeast direction and
intersects the center line of Grantor's main track at a point 1,850 feet
southwestwardly measured along said center line from Milepost AVB-836; the
travelway of said crossing being shown outlined in red on print of Grantor's
Drawing No. 3971-102, dated July 31, 1984, attached hereto and made a part
hereof; Grantor's right of way being 30 feet wide on each side of said center
line.
And Grantee hereby covenants and agrees in consideration of said
easement:
l(a). Said crossing shall be constructed at the cost and expense of
Grantee, but in a manner and of materials in all respects satisfactory to the
Division Engineer of Grantor, and all incidental expenses necessarily
incurred in connection therewith shall be borne by Grantee. After said
crossing has been completed, Grantee shall maintain said crossing at its
expense and in a manner in all respects satisfactory to said Division
Engineer, except, however, Grantor shall maintain, but at Grantee'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.
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(b). Simultaneously with the execution of this agreement by the
Grantee, the Grantee hereby agrees to deposit with Grantor the sum of
$74,866.00, being the estimated amount of the cost of the work to be
performed by Grantor and the materials to be furnished by Grantor in
connection with the construction of said crossing; said estimated amount of
$74,866.00 being divided as follows: (i) $18,366.00 for constructing a
Type "R" Rubber Crossing in accordance with FDOT Index No. 560 - which will
involve the portion of said crossing between the rails of said main track and
for two feet on the outside of each rail thereof; said estimate being per the
statement dated August 3, 1984, attached hereto and made a part hereof, and
(ii) $56,500.00 for furnishing and installing a Class III Type III, automatic
train activating traffic control device; the installation of which shall be
in accordance with FDOT Standard Index No. 17882; said estimate being per the
statement dated August 13, 1984, prepared by Grantor's Office of Chief
Engineer Communications and Signals, also attached hereto and made a part
hereof. In the event said deposit is less than the actual cost borne by
Grantor, the Grantee shall also, upon receipt of bill rendered by Grantor,
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4Itorm 3S17-S-FLA-Sheet 2
Revised Nov. 1983
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promptly pay such additional cost to Grantor. Should said deposit be in
excess of the actual cost borne by Grantor, the Grantor shall promptly refund
the difference to the Grantee. Upon completion of the construction of said
crossing, Grantor shall furnish to Grantee a detailed statement showing the
cost of the work, including materials used for construction of said crossing,
including signals.
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(c). After said signals have been placed in service, Grantor will
operate and maintain said signals at the expense of the Grantee. The Grantee
will pay to the Grantor, upon presentation of bill at the end of each year as
long as said signals remain in service, the current rate of $980.00 for
maintaining a Class III, Type III, signal installation. Rates for signal
maintenance will be reviewed periodically, if rate should change, the amount
billed will be revised accordingly. In addition to said sum for signal
maintenance to be paid by the Grantee to the Grantor, the Grantee will be
obligated, within sixty days after receipt of itemized bill from the Grantor,
to (i) reimburse the Grantor for the cost of upgrading said signals to
prevent obsolescence and (ii) reimburse the Grantor for the cost of
repairing, or replacing, said signals as a result of damages thereto,
howsoever resulting.
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Cd).
be open to
operation.
The Grantee understands and agrees that said crossing shall not
public use until said signals have been installed and are in
2. At such time that the Grantor performs maintenance or repairs to
trackage at said crossing, the Grantee will, during such time and at the
directions of the Grantor, either close said crossing to traffic or provide
flagging protection (and temporary detour grade crossing, if deemed
necessary) at Grantee's expense.
3. The cost of all work performed by Grantor (including flagging and
engineering services, if any) and all materials furnished by Grantor within
the scope of this agreement to which Grantee is obligated to reimburse
Grantor for the cost thereof shall have surcharges added thereto in
accordance with Federal-Aid Highway Program Manual Transmittal 129, dated
April 26, 1975, in effect at the time the work is accomplished. All other
accounting and reimbursement shall be in accordance with Grantor's usual
practice in effect for similar work at the time the project is in progress.
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4. The Grantee, for and in consideration of the privileges and benefits
granted by the Grantor, and benefits flowing therefrom unto Grantee, agrees
to save harmless Grantor, its successors and assigns, from any and all
claims, including attorneys' fees, arising out of any suit, on account of
personal injuries or damage to property of whatsoever nature arising during
the construction or reconstruction of said crossing; and Grantee agrees to
indemnify and save harmless Grantor, its successors and assigns, from any and
all damages, including attorneys' fees, that might occur to Grantor on
account of improper or faulty drainage at said crossing due to the
construction or reconstruction thereof.
Sea). The Grantor reserves the right at any time, if it so desires, to
construct an additional track or tracks across said crossing; in such event,
Grantor 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,
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4Itorm 3517-S-FLA-Sheet 3
Revised Nov. 1983
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Grantor will, but at Grantee's entire cost and expense, (i) restore said
crossing and (ii) install flange boards between the rails of said track or
tracks and for two feet on the outside of each rail thereof; thereafter,
Grantor will, but at Grantee's expense, maintain the portion of said crossing
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 or tracks, the cost thereof shall also be borne by
Grantee.
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(b). The Grantor 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 Grantor shall have the right and is hereby granted
the privilege to remove any paving from said crossing to the extent necessary
for the removal of said trackage and, upon completion of said trackage
removal, Grantee will restore said crossing at Grantee's entire cost and
expense.
6. Grantee understands that this agreement does not allow Grantee to
install or permit the installation of any other utility within the limits of
the crossing described herein.
7. In consideration for the easement hereby granted, it is expressly
agreed that the Grantor 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.
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 Board of City Commissioners of Ocoee, Florida, 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 Grantor:
SEABOARD SYSTEM RAILROAD, INC.:
By
(L.S.)
Witnesses for Grantee:
CITY OF OCOEE, FLORIDA:
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By~~JLj
Mayor
(L. S.)
Attes~G..t1trr~ 3<CLuln~L)
Deputy City Clerk
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ESTIMATED COST OF WORK TO BE PERFORMED BY
SBD RAILROAD COMPANY IN CONNECTION WITH
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L,;n.1f"'"ef Pt'./r"~ L#k~ Sf".,/, (I,,''';J
IG,.It''! JKSI" $'111/' I1fJ AV8.,fJ~
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I. Engineering:
II. Inspection & Supervision
III. Accounting:
IV. Crossing Work:
A. Remove existing crossing,
hrs. @ $
Replace j I crossties @ $ J2..$O, ..!:LL hrs. @ $ /1./1,
Replace IS/' ft. of 9".5"' lb. rail with JGO lb. rail,
~ hrs. @ $II.//' (Material $ 7.'11) -
Install 2. field welds @ $ /'0, ~ hrs. @ $ JJ.. /'7
Install IpD/"..!' lb. offset joints @ $ l/f.j-
.
Install ~ft. subgrade filter fabric, ~hrs. @
II., I, (Material $ ISJ )
Install LIS ft. Ty(t'.'. ~ ". JPD Ii
crossing, 1!:1!i.-hrs. @ 11.11. (Material $J~250)
Surface track ~c.y. ballast (Material $ 2.)..r ),
~hrs. @ $ 'I.lb
Other:
Other:
Freight & Handling:
State Tax:
Arbitraries:
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IV. B. Equipment Rental:
Total for Crossing Work
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$
$
$
/2.0
1..1{ I)
/I?t/
$
'113
9/1
2.72.
'19..r
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) 2) 1'.57
5.32
tift
37"
72.0
J~ '1472.
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V. Communication Work:
See estimate in the amount of $
a part of this estimate.
VI. Signal Work:
e See estimate in the amount of $
made a part of this estimate.
VII. Barricade Service: days @ $
VI II . Paving Work: tons asphalt $
SUMMARY
I. Engineering:
II. Inspection & Supervision:
III. Accounting:
IV. Crossing Work:
V. Communication Work:
VI. Signal Work:
VII. Barricade Service:
VII I . Paving Work
R/w: Crt?J,r""./ - ~..o./..
AV8-F.JJ":I.J-
attached to and made
~..pe. 2 , f .4
attached to and
per day
in Place
Total Estimated Cost
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SBD Railroad Company
Office: p/t/'a.fI#'" EnJ"tf'~'"
Location: 74_/." Fl..
DAte: 8'jJ/Sl/
$ I JI /I".;tliu-.,
$ By 11~1'1''r...r
$ I~D
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$ 1/-/P
$ /P,'1
$ '1 '1P;J..
$ ~{. I.L J.
$ NIt rlVl.
$ By /IN/,'r..-I
$ 8, /In/h..,-I
$ /1;3"
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, . ~EABOARD SYSTEM RAILKUAU
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To: City of Ocoee
Project Ref. County: Orange
location: Ocoee. Fla.
SSO Mile Post: AVB-836.35
Route: Prairie Lake Blvd. Crossing Inv. No.
Des cri pti on: Install automatic highway crossing flashing light signals. gates and bells.
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Estimated Cost
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Material Cost
$26.000
Sa les Tax
1.300
Handling
Transportation to Project
1.300
500
Total Materi a1 Cost
Credit for Released Material'
$29.100
00
Net Material Cost
Supplemental Annuity on Labor
Travel Allowance and Lodging
Transportation of Equipment to Project
Equipment Rental
Estimated Material and Labor Cost
Contingencies
~OTAL ESTIMATED COST
$29.100
1.500
873
2.373
12.506
5.980
$18.486
96
2.000
120
1.635
II
Engineering
Plus Composite Additive
Total Engineering
Construction Labor
Plus Composite Additive
Total Construction Labor
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$53.810
2.690
$56.500
Railroad Portion
Outside Party Estimated Cost
Office of Chief Communications & Signals Officer
Jacksonville, Fla. Date: 8-13-84 - cvs
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$56.500
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SEABOARD SYSTEM RAILROAD
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To: City of Ocoee
Project Ref.:
County: Orange
lOlion: Ocoee, Fla.
SBD Mile Post: AVB-836.35
Route: Prairie Lake Blvd.
Drawing No.
Crossing lnv. No.
Description: Install automatic highway crossing flashing light signals. gates and bells.
Estimate of Signal Material and Cost
1 - Lot control equipment, including cases. control apparatus, rectifiers.
lightning protective devices. etc.
$8,848
1 - Lo~ field materials, including foundations. pipe, cables. battery,
battery boxes. insulated rail joints, etc.
8,970
2 - Combination gate and signal assembly. complete with 28-ft. arm and
4 lamp units on mast
8,182
Material Cost
$26,000 .
Office of Chief Communications and Signals Officer
Jacksonville, Fla.
Date: 8-13-84 - cvs
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Form 3517-S-FLA-Sheet 4
Revised Nov. 1983
Extracts from minutes of meeting of the Board of City Commissioners of
the City of Ocoee, Florida, held on the ~ day of ffo~b'((-, 199(
RESOLUTION
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Be it resolved by the Board of City Commissioners of the City of Ocoee,
Florida, in regular meeting assembled that the Mayor of said City be, and he
hereby is, authorized to enter into an agreement with the SEABOARD SYSTEM
RAILROAD, INC., and to sign same on behalf of said City whereby said Railroad
Company grants to said City an easement or right of way for constructing and
maintaining a highway or street crossing at Prairie Lake Boulevard, Ocoee,
Florida, as particularly described in said agreement, which agreement is
dated August 24, 1984, a copy of which agreement is filed with the Board of
City Commissioners.
I certify the above to be a true and correct copy.
J~ ;j~cLj)
Clerk
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