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Deliverable Number
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Commodity/Service Type
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Major Deliverable
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Method of Payment
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01
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Highway and road new construction service
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CONSTRUCTION AND MAINTENANCE- Underground Pipe
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Fixed Fee / Unit Rate
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| Major Deliverable: CONSTRUCTION AND MAINTENANCE- Underground Pipe
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| Deliverable Price: $0.00 |
| Non Price Justification: Price cannot be determined until the work has been completed |
| Performance Metrics: Said Pipe shall be installed simultaneously with the installation of the Crossing. 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. |
| Financial Consequences: It is understood and agreed that this agreement shall remain in full force and effect so long as the covenants terms and/or conditions set forth herein are kept and perfomred by Licensee. If Licensee fails to keep or to perform any such covenants, terms and/or conditions, Railroad shall have the right to terminate this Agreement upon written notice to Licensee of such breach, giving thirty (30 )days to cure such breach, unless such breach, in Railroad's opinion, constitutues a safety hazard, in which case the time of cure shall be seventy-two (72) hours. The curing of such breach within the said time period shall negate the said notice of termination and the failure to cure within the said period shall be conclusive termination, whereupon Licensee will, at Licensee's expense, remove the said Crossing and restore, under supervision of Railroad, the premises to its original condition, if required by Railroad. |
| Source Documentation Page Reference: Page 4 |
| Deliverable Number: 01 |
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02
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Permitting services
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INITIAL APPLICATION FEE - to be a Licensee
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Fixed Price - Lump Sum
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| Major Deliverable: INITIAL APPLICATION FEE - to be a Licensee
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| Deliverable Price: $200.00 |
| Non Price Justification: |
| Performance Metrics: One time application fee for License, with authority to enter upon, construct, use, and maintain, pursuant to this License, the crossing and the pipe, at a location more fully described upon land, situated, lying in and being in Ocala, Marion County, Florida, to wit: at Mile Post AS-757.71 for a lenght of time not to exceed the term of the lease of the property by CSX Transportation to Railroad. |
| Financial Consequences: It is understood and agreed that this agreement shall remain in full force and effect so long as the covenants terms and/or conditions set forth herein are kept and perfomred by Licensee. If Licensee fails to keep or to perform any such covenants, terms and/or conditions, Railroad shall have the right to terminate this Agreement upon written notice to Licensee of such breach, giving thirty (30 )days to cure such breach, unless such breach, in Railroad's opinion, constitutues a safety hazard, in which case the time of cure shall be seventy-two (72) hours. The curing of such breach within the said time period shall negate the said notice of termination and the failure to cure within the said period shall be conclusive termination, whereupon Licensee will, at Licensee's expense, remove the said Crossing and restore, under supervision of Railroad, the premises to its original condition, if required by Railroad. |
| Source Documentation Page Reference: Page 4 |
| Deliverable Number: 02 |
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03
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Highway and road new construction service
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CONSTRUCTION AND MAINTENANCE - Private Road Crossing across Railroad
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Fixed Fee / Unit Rate
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| Major Deliverable: CONSTRUCTION AND MAINTENANCE - Private Road Crossing across Railroad |
| Deliverable Price: $0.00 |
| Non Price Justification: Price cannot be determined until the work has been completed |
| Performance Metrics: Licensee desires to construct and maintain a private road crossing at grade ("crossing") upon the land situated in Ocala, Marion County, Florida to solely serve as a pivate, at grade, road crossing for vehicles, equipment and pedestrian access to and egress from Licesnsee's fire suppression traiing facility.
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| Financial Consequences: It is understood and agreed that this agreement shall remain in full force and effect so long as the covenants terms and/or conditions set forth herein are kept and perfomred by Licensee. If Licensee fails to keep or to perform any such covenants, terms and/or conditions, Railroad shall have the right to terminate this Agreement upon written notice to Licensee of such breach, giving thirty (30 )days to cure such breach, unless such breach, in Railroad's opinion, constitutues a safety hazard, in which case the time of cure shall be seventy-two (72) hours. The curing of such breach within the said time period shall negate the said notice of termination and the failure to cure within the said period shall be conclusive termination, whereupon Licensee will, at Licensee's expense, remove the said Crossing and restore, under supervision of Railroad, the premises to its original condition, if required by Railroad. |
| Source Documentation Page Reference: Page 4 |
| Deliverable Number: 03 |
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04
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Permitting services
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FEE - Annual Use Fee based on CPI
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Fixed Price - Lump Sum
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| Major Deliverable: FEE - Annual Use Fee based on CPI
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| Deliverable Price: $0.00 |
| Non Price Justification: Price cannot be determined until the work has been completed |
| Performance Metrics: Licensee, in consideration of the risks, costs and expenses incurred by Railroad in granting this License, agrees to pay to Railroad, in advance, a fee of One Thousand Dollars ($1,000) annually, plus sales tax, if applicable. It is distinctly understood and agreed that Railroad reserves the right to increase such fee in proportion to the increase in the Consumer Price Index (CPI) as published by the United States, Dept. of Labor, Bureau of Labor Statistics issued in December preceding each anniversary date of this Agreement over such Index issued in the preceding December. The payment by Licensee of this License Fee shall not be held to constitute an irrevocable license for that period. The annual fee stated herein shall be subject to periodic review and adjustment by Railroad. |
| Financial Consequences: It is understood and agreed that this agreement shall remain in full force and effect so long as the covenants terms and/or conditions set forth herein are kept and perfomred by Licensee. If Licensee fails to keep or to perform any such covenants, terms and/or conditions, Railroad shall have the right to terminate this Agreement upon written notice to Licensee of such breach, giving thirty (30 )days to cure such breach, unless such breach, in Railroad's opinion, constitutues a safety hazard, in which case the time of cure shall be seventy-two (72) hours. The curing of such breach within the said time period shall negate the said notice of termination and the failure to cure within the said period shall be conclusive termination, whereupon Licensee will, at Licensee's expense, remove the said Crossing and restore, under supervision of Railroad, the premises to its original condition, if required by Railroad. |
| Source Documentation Page Reference: Page 4 |
| Deliverable Number: 04 |
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05
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Permitting services
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Insurance Fee's
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Fixed Price - Lump Sum
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| Major Deliverable: Insurance Fee's
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| Deliverable Price: $5,000.00 |
| Non Price Justification: Price cannot be determined until the work has been completed |
| Performance Metrics: Licensee and any of its agents or contractors agree to reimburse the Railroad for the cost of obtaining (or supplementing Railroad's current insurance coverage with) the following Insurance, which reimbursement amount shall not exceed $5,000 per year, for the Railroad's protection without self-insured retention or deductible: General Liability $2,000,000; Contracutual liability $2,000,000; Automobile liability $1,000,000; Railroad Prtective liability with bodily injury protection $2,000,000; Property damage $2,000,000 |
| Financial Consequences: It is understood and agreed that this agreement shall remain in full force and effect so long as the covenants terms and/or conditions set forth herein are kept and perfomred by Licensee. If Licensee fails to keep or to perform any such covenants, terms and/or conditions, Railroad shall have the right to terminate this Agreement upon written notice to Licensee of such breach, giving thirty (30 )days to cure such breach, unless such breach, in Railroad's opinion, constitutues a safety hazard, in which case the time of cure shall be seventy-two (72) hours. The curing of such breach within the said time period shall negate the said notice of termination and the failure to cure within the said period shall be conclusive termination, whereupon Licensee will, at Licensee's expense, remove the said Crossing and restore, under supervision of Railroad, the premises to its original condition, if required by Railroad. |
| Source Documentation Page Reference: Page 4 |
| Deliverable Number: 05 |
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