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HomeMy WebLinkAboutM-93-0153i a CITY OF MtAMI. FLORIDA 29 INTER -OFFICE MEMORANDUM t(! TO; Hon. X vier L . Suarez DATE: February 22, 1993 Mayor 91.19JECT: Request for Agenda Item March 11, 1993, !Commission Meeting FROM: REFERENCES: ` Miller J. Dawkins Commissioner ENCLOSURES: Please schedule a discussion item on the March 11, 1993 commission meeting agenda to discuss the License Agreement between the Gran Central Corporation and MSEA. As Chairman of the MSEA I am requesting this discussion. MJDItaw cc: Vice Mayor, Victor De Yurre Commissioner, Miriam Alonso Commissioner, J. L. Plummer City Manager, Cesar Odio 93- 153 {` M46.r J C):i W►.eel {,h7ttm:rn pr iKgnn�rh Ah. y�t,b Sidi emyrn Eli Fernherq Juno Gonzalez •Rebuli. S+ NW Hartwoon S+ev *" S. men Robert Raaner Mm Frsnkw Hope '�........ d Skip Sh& Md Ste" su+Mer Won ViL*TS mictu N Zagby W00111 Nwry. M, E•etulwe Doet" Czxrstor f 4 G Kotye Gor►ral COL-Sei MEMORANDUM TO: MEMBERS OF THE MIAMI SPORTS AND E3fHIBMON AUTHORIW FROM: CHRISTOPHER KORGE04\44" GENERAL COUNSEL DATE: JANUARY 26,1993 RE: GRAN CENTRAL LICENSE AGREEMENT Attached please Find a License Agreement -between Gran Central Corporation and the Authority for the installation of light poles on land owned by Gran Central near the Miami Arena. 'The light poles were installed in May 1988 around the arena for increased lighting. The License Agreement has been requested by Gran Central Corporation to formalize our agreement with them for use of the property for the light poles. Please do not hesitate to contact me if you have any questions. attacbment .1 93- 153 3 3(1(16isc;���nr fioul��+strel 1�;i�, Suite 11_'U.&1i.tnei rltjricda I fil i1 , uv,+ Ifil- 12W / 1^ it1,) ';71i-Ofl3t� THIS LICENSE AGREEMENT, made and entered into, in triplicate, this day of A. D., 19 by and between GRAN CENTRAA ORPORATIORI' ereinafter called__7'GCC", CITY OF MIAMI, a municipal corporation,of the State of Florida, (Address: 275 N. W. 2nd Street; Miami, Florida 33128), hereinafter called "City", and MIAMI SPORTS AND EXHIBITION AUTHORITY, an independent and autonomous agency and instrumentality of the City of Miami, (Address-. 300 Biscayne Boulevard Way; Suite 1120; Miami, Florida 33131), hereinafter called "Authority", (hereinafter the City and the Authority will be referred to jointly as Licensee), W I T N E S S E T H: That GCC, for and in consideration of the sum of $50.00, plus Florida Sales and Use Tax payable by the Authority, and the covenants and agreements of said Licensee hereinafter set forth, hereby gives to Licensee the right and privilege to construct, install and maintain certain appliances or fixtures for such time hereafter as GCC, in its discretion, shall and may permit as follows: Nine poles and street lights located along N. W. 1st Avenue between N. W. 8th Street and N. W. Sth Street at Miami, Florida, to be installed pursuant to the attached specifications. All as shown on Licensee's Print No. B-5412, sheets 10, 17 & 19, dated May 100 1988, attached hereto and made a part hereof. It is understood between the parties hereto that GCC reserves unto itself, its successors,-permittees, licensees or other persons, the right to construct, maintain or remove other facilities, including but not limited to pipelines and/or communication cables, over, under or adjacent to the herein licensed facilities, and -further that Licensee shall take no measures to interfere with the construction, maintenance or removal of said facilities, unless the construction or removal of said facilities are prohibited by any statute or other legal limitation and as long as the proper permits and other relevant licenses or authorizations required by lair are properly obtained by GCC. Licensee also agrees to relocate, rearrange or modify the facilities hereby licensed to accomodate said pipelines and/or cormwnication cables as its sole cost and expense, in the event such relocation, rearrangement or modification is deemed necessary by GCC. AND LICENSEE HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. Thit said appliance or fixture hereby permitted, shall be of the usual strength and fitness for the purpose used and be put in a good and workmanlike manner. All construction or installation of all Licensee's appliances or fixtures shall be both coimerice6 and completed within SIX (6) MONTHS from the date of this instrument and so reported in writing by Licensee unto GCC within SIX (6) MONTHS or the Licensee shall be in default pursuant to the terms of this License Agreement and this License Agreement shall stand automatically terminated without any notice or action by GCC. 93- Page 1 File: 366-431 153 2. That the said appliance or fixture be of good and sufficient duality and size for the purpose used and located as hereinafter designated by GCC and securely planted and fastened so as to prevent the same from falling'on the property of GCC or upon other wires on the property of GCC., N,p-other facilities of the Licensee shall be located upon any of GCC-Is property without its prior written permission. 3. And if a License is hereby given for an electric light or power line or lines crossing over or under the property of GCC, then such crossing shall be constructed and maintained in conformity with the provisions of the National Electrical Safety Code as set forth in. - Handbook H-43 of the National Bureau of Standards in its present form = or as subsequently revised, and also in conformity with additional requirements of GCC to protect its additional facilities located on = the property of GCC and which are subjected to injury or damage arising from the aforesaid location of Licensee's facilities. _ 4. The Licensee shall within thirty (30) days after date hereof, obtain all necessary permits, licenses and franchises - required by law. Whenever under this agreement, Licensee's power = lines cross or are located adjacent to any lines or wires of any -_ licensed communication utility on the property of GCC, Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossed or adjacent telephone and telegraph wires, and in such event, licensee shall adopt, use and -_ maintain the best known and most effective methods to protect the aforesaid telephone and telegraph wires and lines from physical - hazard and inductive interference. 5. That said appliance or fixture of the Licensee shall not at any time interfere with or endanger the property of GCC, or the operations, maintenance or improvements of GCC, or of any other party thereon; and Licensee shall at its own expense, on notice from GCC forthwith change, improve or repair such appliance or fixtures as may be prescribed by GCC. 6. GCC reserves the right to cancel this License Agreement upon - thirty (30) days written notice and Licensee will at its own expense, within the aforementioned thirty (30) days, remove any and all said appliances anti/or f inures of the Licensee from the property of GCC. 7. That upon Licensee failing to completely construct or install as provided in Paragraph 1 or abandoning or ceasing to use and maintain said appliance or fixture herein specified, or upon the cancellation and termination of this agreement as herein provided, or upon the accidental or other breaking of said appliance or fixture causing damage or danger to the property of GCC, Licensee shall and will at once remove said appliance or fixture and restore the premises to its former good condition or at once repair such break or damage at its own cost and expense; and failing to do so, GCC may make such removal or restoration at the cost and expense of Licensee. age 2 93- 153 S. That Licensee shall and will cause due notice to be given to GCC when Licenst—or its contractor or anyone claijairg under Licensee, properes to enter pragerty of GCC with such appliances or fixture or for excavations therefor, in order that proper protection may be provided. In addition to the terms of Paragraph 3, any subgrade or above -grade crossing of GCC's property is subject to the terms of the "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOM-GRAM CRMSIMS OF THE RkIWAY'S RIGf�iY' OF WAY" issued by the office of Chief Engineer, Florida East Coast Railway Ccgpariy, the terms and editions of which are incorporated herein by reference. 9. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemnify, save and hold harmless GOC, its agents, servants and employees from and against all loss, claims, costs, charges, expenee, suits, damge and judgments, which they may suffer, sustain or in anywise be subiected to, or for which it may be held liable on account of any loss or damage caused in any manner to any of Licensee's buildings, structures, works and any personal property whatsoever of Licensee, situated, placed, kept or stored dn, in or near the property or premises hereby licensed, as well as on acocxuit of loss . or damage to any personal property whatsoever, not owned by Licensee, whethir awned by GCC or by others, arising directly or indirectly out of or on acoount of the licensing to or use by Licensee of the property hereby licensed, whether due or claimed to be due by the joint negligence of GCC, its employees, agents or servants or otherwise. 10. Licensee covenants to pay GCC all costs of supervision, labor and material incurred by GCC in supervising, protecting and restoring the property of GOC by reason of operation of Licensee. 11. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of the covenants or agreements herein contained small be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be binding under any circumstances. 12. Licensee agrees to pay GCC, upon the execution and delivery of this agreement, the necessary amount of doctumntary stamp taxes required to be affixed to this agreement under the laws of the united States of America, the State of Florida, or both. 13. Licensee agrees that, if Licensee is herein required to pay unto GOC any sm of money as may be specified on first page hereof, Licensee will pay unto GOC the sum of $00-00 in cash in advance for each year for which this agreement may be renewec�or may remain in effect beyond one year from date hereof. it 14. Licensee agrees that it will, at its expense, adjust its said facilities to any physical change or additions made at any time by ©CC to its property ckr the facilities thereon at this location. 15. Licensee agrees that its facilities shall be installed and maintained by and at the expense of Licensee in a manner that will not at any time be a danger to or interfere with the safe and efficient operation of GOC, that such work shall be subject at all times to the approval of an authorized representative of GCC, which approval shall not be unreasonably withheld. Page 3 93- 153 16. If Licensee be a municipality or a public or quasi --public corporation then it agrees that no assessment or other charges of any nature whatsoever shall be levied or made against GCC or against its property on account of the installation or existence of Licensee's facilities at this location. 17. All parties hereto agree that the provisions of General Specifications on five pages entitled, "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE: GRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY, - attached hereto and made a part hereof, shall apply to the work of, materials, and rights and privileges hereby given to Licensee. 18. It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing installation shall be marked by the erection of a suitable monument located on each side of GCC's property. 19. NON-PAYMENT AND PLACE OF VENUE. It is expressly agreed by and between the Varties hereto that any obligations of the Licensee under the terms of this agreement which are not paid within thirty (30) days of presentation of bills for same by GCC shall bear interest at the rate of. twelve (12%) per annum for the date of presentation of the bill until same shall be paid. It is further expressly agreed that in the event GCC shall institute and prevail in any action or suit for the enforcement of any of its rights under the provisions of this agreement, Licensee shall pay to GCC a reasonable attorney's fee on account thereof. Also in the event of litigation, the parties agree that the laws of the State of Florida will apply. Venue will be in Dade County. 20. It is further mutually understood and agreed by and between the parties hereto that Licensee will not perform -any work on GCC's property without having an authorized representative of GCC present at all times work, hereunder, is being performed, if one is deeded to be necessary by the GCC's Chief Engineer and that GCC shall make said authorized representative available -= at any reasonable time Licensee is scheduled to do any work deemed to require the representative's presence; further that Licensee covenants that it will include in any contract which it lets for the whole or any part of the said work to be performed hereunder by or for the Licensee, each and every of the following terms and conditions: (a) In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at its cost and expense, shall maintain a Workman's Compensation Insurance Policy as available in the State of Florida. (b) In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless GCC from and against all judgments, and all loss, damages, costs, charges, and expenses which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor, or any subcontractors, or both, whether directly or indirectly under, or pursuant to,,this construction contract, on account of death, personal. Page Q c( 93— 153 injuries, loss of income or earning ability of any person, including without limitation upon the generality of the foregoing description, employees and officers of GCC, employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors, in the -limit of $1,000,000 each person injured or killed. (c) All such insurance, directly or indirectly for the benefit of GCC; shall be in a form satisfactory to its Manager of Insurance and issued by a casualty company -insurance company authorized to do business in the State of Florida that has a "Best's" rating of A or A+ and a financial category size of Class XII or higher. 21. Notwithstanding the term of this License Agreement and the advance payment of rental therefor, GCC reserves the right to cancel this License Agreement upon thirty (30) days' written notice. That Licensee shall have no expectations of renewal and that the term of this License Agreement is only for the time specified herein, subject always to the termination provisions and regardless of the length of time that Licensee's facilities may have occupied the licensed property, or the construction of its facilities or personal property placed thereon. Upon cancellation Licensee will within the aforementioned thirty (30) days, remove any and all said appliances and/or fixtures of the Licensee from thg property of GCC. J- 22. Licensee waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its -- loss of occupancy of the licensed property specified in this Agreement whether such property is taken by eminent domain proceedings or sold under the threat thereof. J Page 5 93- 153 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed in triplicate the day and year first herein written. Signed# sealed and delivered in the presents of: W tnesses as to GCC Witnesses as to Authority Witnesses as to City !APPROVED AS TO INSURANCE: By: J Insurance nator GRAN CENTRAL CORPORATION, a Florida corporation, By: (SEAL) President Attest: _ Assistant Secretary MIAMI SPORTS AND EXHIBITION AUTHORITY, an independent and autonomous agency and instrumentality of the. City of Miami, By: SEAL) Chairman Attest: CITY OF MIAMI, a municipal corporation of the State of Florida, By : (SEAL) Director, Department o Public Works Attest: , Page 6 APPROVED AS TO FORM AND CORRECTNESS: By: City Afforney 93- 153 FU)RI D A EAST MAST RkW4AY CQ4PANY OFFICE OF CHIEF MINEER GENERAL SPE)CIFICATIONS FOR SUBGRADL M ABOVE GRADE CROSSINGS OF ME RAILWAY'S RIGM OF WAY I. GFNMUkL PROVISIONS A. A plan and profile drawing containing all pertinent details for , the propaspA crossing shall be oubnitted to tj,e Office of the Chief Engineer for approval preliminary to preparation of an agreement if approved. B. The plan will show all information for the proposed crossing installation with reference to the nearest Railway survey station or distance to nearest mile post, Railway right of way, tracks, or any other Railway facilities or structures in the vicinity. C. Request for installation shall be accompanied with a letter signed by the owner, coffpany official, or government agent. D. 1he lessee will be responsible for any and all costs of repairs or maintenance of the Railway's property and structures disturbed or damaged due to the installation or construction after effects. E. The lessee of an installation approved by agreement will be required to provide proof of protective insurance for and during construction. 11- SOBMMM PnVLM AND CABLES A. All subgrade carrier pipelines and wirelines will be installed Within a casing pipe. I. All casing pipes will extend from right-of-way line to ricct-ofy line. 2. The Railway will not permit casing installation by open -cut method through the roafted. B. Application will be aoomq mniod with plans showing profile in relation to actual ground, track, and other facilities at the project site. -1- 93153 4t , ii h. Y 1. The m--thod of installation will be detailed including the location of jacking pit as measured from centerline of near track. 2. The casing pipe must be installed at least 5.5 feet below top of tie.i 3. Jaddng pit ].ovation gust be at least 30.0 feet from center- line of near track for pit down to 20 feet below grade. 11be pit will be protected with adequate sheeting, bulkheads, and sidewalls to protect the Railway's roadbed. Barricade.s and lights will be set around the pit for protection. C. Casing Pipe Specifications are as follows: 1. Casing pipe shall have a minimun diameter of 2.0 inches and size 2.0- through 8.0-inch diameters lust be galvanized and standard weight ASTM Specification A53, Grade B. Thread coupling is allowed. 2. Casing pipe 6.0- and 8.0- inch diameters Tray be used C01 lying with C-3. 3. Casing pipe shall be in accordance with current AMM Speci- fication A139 and be protected by a black bituminous coat- ing for PROTECTION AGAINST C©RMSIAN. wall thickness shall be as follows: DIAMEMR THICKNESS ( inches) (inches) 6 - 16 1 /4 18 - 20 5/16 22 - 24 3/8 26 - 28 7%16 30 - 34 1/2 36 - 38 9/16 40 - 40 5/8 52 - 56 11/16 60 - 66 3/4 72 - 78 13/16 84 - 90 7/8 96 - 102 ` 15/16 108 - 114 1 120 1-1/8 a: 4.• All casing pipe joints will be welded in accordance with AISC Specifications, Section 1-7-2. All joint welds will be full penetration. -2- 5. At no time will construction interfer with the normal and safe operation of the Railway. No construction, mar, er, or equipment will enter the right of way beyond safety clearance limits of 20.0 feet from the centerline of bear track. 6. All casing pipe installations where the diameter is greater than 48 inches*will require a preconstruction conference at the project site. 7. Preconstruction arrangements will be made with the Office of the Engineer of Bridges and Buildings at least one week prior to construction. A Railway inspector must be present during -the entire construction of the casing pipe. The i„_•:*or will have complete authority over the project on the Railway's right of way. S. All costs to provide inspection will be borne by the lessee. A. Tunnel liner requirements are as follows: 1. All applicable prece$ing sections will govern tunnel liner usage proposals. 2. Tunnel liner plate will be 12 Pi, galvanized, and all bolts ` and nuts will be galvanized. 3. Live load will be based on E-80 Railway Loading using applicable formalae and ccnputations performed by a t registered professional engineer. The conputation results will accompany the plans for review by the Office of the Chief Engineer. ` 4. Grout holes will be provided at 10-foot intervals along the roof and sides. 5. The tunnel liner Jacking sMel+d will protect 180 degrees of the ter section and material removed allow for a w&ninum la 1 slope with a minim►m► 2.0 feet of undisturbed soil supporting the overburden. 6. The tunnel liner installatitn will progress with sufficient manpower and supervision for around -the -clock construction until the liner is eoupieted. E. Carrier pipeline specifications are as follows: I. Reinforced Concrete Pipe a. Materials: Modified bell and spigot or tongue and groove in accordance with current AST Specifica- -3- 93- 153 /3 tion C76 Class IV for Railway strength pipe or current specification for prestressed concrete pipe. b. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint Pipe C npany Speci- ficat.lon on SP5, or equivalent. Joints for bell d spigot anand T. and G. pipe to be in accordance with current standard practice. Joints may be. made using confined continuous rubber gasket. 2. Cast Iron Pipe a. Materials: Pipe must conform to current ASTM Specifi- cation A142 for "Standard Pipe." b. Joints: ®ell and spigot, caulked with load and oakum, or an approved mechanical type. 3. Polyethylene Pipe a. Materials: Pipe must conform to current ASIM Specifi- cation D2104, Schedule 40, for standard pipe. 4. Steel Pipe a. Materials: Pipe rust conform to current AM Specifi- cation A120, Schedule 40. b. Joints: All joints must be welded or of an approved mechanical type. P. Carrier pipe with an internal pressure less than 30.0 lbs. per square inch shall have the ends of the casing pipe sealed after installation. G. Carrier pipe with an internal pressure of 30.0 lbs. per square inch and over shall have the casing pipe open at the ends if local conditions permit water from leaks to discharge into drainage ditch or nanhole. If this is not practicable, the casing pipe shall be sealed at both ends and 4-inch relief vent provided at either end off the Railway's right of way, which shall -discharge into drainage ditch or sewer. Casing pipe shall have a minim inside diameter of 6.0 inches greater than the 3II. ABCNE • GRADE S'TRUCI`U�tES A. All applicable preceding sections will govern the installation. -4- 7 11 93- 153 0 s B. Minim= clearance of 23 feet 6 incher, over toffs of rail of highest track shall govern the proposed structure. C. Predesign conference with the Chief Engineer will set forth horizontal clearance of subgrade, grade and above grade construction .acid structural limits. IV. ABC?VE GRADE WIRELWE5 A. All pager lines and cables will provide a minimsn clearance above tops of rail of highest track of 43.0 feet for up to 50 ITV. An additioml 0.4 inch of clearance must be provided for each KV in excess of 50 KV. B. All power lines and cables lying within a grade crossing will provide a minim= clearance above top of rail of highest track of 50.0 feet for up to 50 W. An additional 0.4 inch of clearance mast be provided for each KV in excess of 50 ACV. C. All cable will provide a minimum clearance above tap of rail of the highest track of 43.0 feet. D. Any wireline or cable at a grade crossing protected with crossing gates musty clear the tip of the gate arm by a minimum of 6.0 feet when the gate arm is in the raised position. E. Should the Railway add crossing gates to grade crossing protection, raising of wipelines or cables shall be preformed i.mnecliately on notice and at the sole cost and Expense of the lessee. F. All applicable preoeding sections will govern the installa- tions. . A. Cathodic protection of pipelines, cables, or casings 1. When cathodic protection is provided, it shall be installed so as not to induce currents which will interfer with the signal apparatus of the Railway. Any changes required in the manner, method, or location of such cathodic protection shall be made at the sole cost and expense of the lessee and to the satisfaction of the Chief Engineer of the Railway or his duly authorized representative. E. Proposed structures mist maintain a adninm of 10 feet of 'horizontal clearance to the base of the signals/crossing gates. t 93- 153 Revised. Septeaber 11, 1987 INSURAOCE FOR BENEFIT OF P14ORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at its cost and expense, shall obtain and keep in effect, insurance policy or policies in the limits of $1,000,000 each person injured or killed and $2,000,000 each occurrence and $1,000,000 property damage per person and $2,000,000 property damage each occurrence directly by Contractual Liability Endorsement to Contractor's General Public Liability and Property Damage Insurance Policies insuring Contractor against loss or damage to Contractor upon the indemnities concurrently extended to the Florida East Coast Railway Company and within the limits specified in- this paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against losses and damages but within the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expense, maintain a Workman's Compensation Insurance Policy as available in the State of Florida. All such insurance, directly or indirectly for the benefit, of the Florida East Coast Railway Company, shall be in a form satisfactory to its Manager of Insurance and issued by a casualty company -insurance company authorized to do business in the State of Florida that has a "Sest's" rating of A or A+ and a financial category size of Class XII or higher. , • 93- 153 • INDII` uw TO rumim EAST copsr RAIL y cavANY AND GC1'F'MMAL LJABIL17'Y ENWk';EMEt rS TO C7WMCTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE ]POLICIES DURING SUCH INDEMITIES In further consideration of the sums of troney herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all timi5a hereafter indemnify and save harmless the Florida East Coast Railway Cc%Dany from aaxl against all judgments, and all loss, damages, costs, charges, and expenses which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor, or any subcontractors, or both, whether directly or indirectly under, or pirsuant to, this construction contract, up to the total sums of money, as follows: A. On account of death, personal injuries, loss of inocime or earning ability of any person, including without.. limitation upon the generality of the foregoing description, employees aryl officers of Florida East Coast Railway CarpwW, a pl.eyees and officers of materialmen, employees and officers of the Contractor, emplc7yeis and officers of all subcontractors, in the limits of $1,000,000 each person injured or killed, and $2,000,000 each occurrence. B. Loess, damage, injury and loss of use of any real or personal property (a). in which Florida East Coast Railway Carpany has any ownership interest and (b) personal property in the custody of Florida East Coast Railway Csarpany under any transportation contracts; including without limitation upon the generality of the tWo foregoing enumerations, all railroad equipment canronly described as rolling stock and the contents of the same, all in the aggregate limit of $2,000,000. C. Lees, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company O=Wring or originating during the first forty-eight (48) hours from, but excluding, the first five (5) minutes any break in the continuity or other ' e*str=ticn of passage of trains, directly or indirectly arising from the Coattactcoo `.s operations, upon said track or tracks, as the case may be, of h =idm Est Coast Railway Company at or within one hundred (100) feet of said lcmticn upon which the work is to be performed hereunder, the improvement, renosration# or repair of utdch is the subject matter of this comtruction contract, and also all expenses reasonably incurred by Florida East Coast Railway Ccxrpany in and about the re-routing of its trains and care to, via, and from the lines of -railroad of other railroad comon carriers during the first forty-eight (48) tours foldowing any such break in the contim3ity of rra►id track or tracks, as the case may be, of the Florida East Coast Railway Crnppany at or �i within one hundred (100) feet of said area. 93- 153 D