CN-550000-ASR93-W0010000.pdf

L.J /\ ...., t) o; t- I

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

RAILROAD REIMBURSEMENT AGREEMENT

WIRE LINE CROSSING

725-09().71

RAIL

OGC-04/21

Page1of7

FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNv NUMBER FAP NUMBER

4292515701 1-75 (SR 93A) Hillsbourgh 10075-ROPA 0720 031 B

THIS AGREEMENT, made and entered this 15 day of July , _2022_ , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and

CSX TRANSPORTATION INC. , a corporation organized and existing under the laws of VIRGINA , with its principal place of business in the City of JACKSONVILLE , County of DUVAL , State of FLORIDA hereinafter called the COMPANY.

WITNESSETH:

WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road

System, designated by the Financial Project ID """42..,..9...,2.,..5 .... 1"'"'-1""'"-5""'7._-0..._1 __________________ _ on l-75 , which crosses at overhead of the right of way and COMPANY'S Milepost 874.1 tracks of the , FDOT/AAR Crossing Number 621453G at or near MANGO as shown on DEPARTMENTS Plan Sheet No.(s) IT 14 -15 / Z1-L-9 &10 attached hereto as a part hereof; and

WHEREAS, the DEPARTMENT desires to construct and maintain interconnect wire lines, hereinafter, for convenience, called the "wire line", across the rights of way and either under or over trackage of the COMPANY at or near the location or locations as particularly described in Exhibit "A" attached hereto and made a part thereof; and

NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree that conditioned upon the covenants upon the part of the DEPARTMENT to be kept and performed as hereinafter expressed, the COMPANY hereby grants to the DEPARTMENT permission and license to construct and maintain said wire line(s) at the location or locations described in Exhibit "A" and the DEPARTMENT hereby covenants and agrees as follows:

1. The DEPARTMENT will construct and maintain said wire line(s), so as not to interfere with other structures now in place. of materials and in the manner specified by the orders, rules and regulations of any duly constituted federal or state regulatory authority having jurisdiction of the subject matter and of the parties hereto, and the DEPARTMENT will make all repairs that may be necessary at the cost and expense of the DEPARTMENT.

2. All work contemplated hereunder shall at all times be subject to the approval of the COMPANY'S Chief

Engineer or his authorized representative. The DEPARTMENT or the DEPARTMENTS Contractor shall give COMPANY'S Division Engineer and/or Superintendent at least seventy-two (72) hours notice prior to the performance of any work within the limits of the COMPANY'S right of way.

3. The DEPARTMENT will reimburse the COMPANY for the cost of watchman or flagging service when the DEPARTMENTS contractor is carrying out \II/Ork adjacent to the COMPANY'S tracks and whenever the contractor is performing work requiring the movement of employees, trucks or other equipment across the tracks of the COMPANY, or when at other times the COMPANY and the DEPARTMENT shall agree that such a service is necessary. Such cost shall be accrued and billed directly to the DEPARTMENT as specified in Paragraph 14.

4. The DEPARTMENT will require its contractor to furnish Railroad Public Liability and Railroad Protective

Property Damage Liability Insurance in a combined amount of$ 10.000.000.00 dollars, for all personal injuries, death or property damage. per occurrence arising during the policy period. The maximum dollar amounts of coverage to be reimbursed from Federal funds, with respect to bodily injury, death and property damage is limited to a combined amount of$ 10,000,000.00 per occurrence unless approval for larger amounts by the FHWA Division Administrator is made a part of this Agreement The DEPARTMENT will also require its contractor to furnish the COMPANY a certificate of Insurance

Ill

27. Any questions or matters arising under this Agreement as to validity, construction, enforcement, 725-09(). 71

RAIL

OGC-04/21

Page6of 7 perfom,ance, or otherwise, shall be determined in accordance with the laws of the State of Florida. Venue for any action arising out of or in any way related to this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida.

27. The parties agree to bear their own attorney's fees and costs with respect to this Agreement.

28. The parties agree that this Agreement is binding on the parties, their heirs-at-law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below.

29. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers the day and year first written above.

STATE OF FLORIDA

DEPARTMENT T

N

BY: __ ...,............_ _________________ _

Richa d Moss P.E. Director of Transportation Development

COMPANY: ......,.�.....,._.r.=:...=.:..:..:....:..:..:.,:<.:..:..:.:.=""-----C;;..a;;...t;....h_e...,ri=ne__,A'"""d=-k..,.in_s,-- Director Real Esta tt:

BY: ---'""�------------0 ..... rr ..... id __ o __ r_S_ e_rv_ic_e _s_

Legal Review Approved as to Funds Available

Comptroller - DOT Robin Naitove, CPA

Date

Approved as to FHPG Requirements

BY: ________ _

FHWA Date pt729jh Text Box Robin Naitove 3/30/2022 pt729jh Text Box N/A