81-AAP SOLOWION NO. Sl-
A RESOLUTION OF THE CITY COUNCIL OF TPIE CITY
OF BOYA~ON BEACH, FLORIDA, ATTESTII~G TO THE
EXECUTIOI~ OF THE LICENSING AGREEMENT BETWEE~I
THE CiTY OF BOYNTON BEA CPI AND THE SEABOARD
COAST LINE RAILROAD COMPANY
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACt~, FLORIDA, in regular meeting
~ssembled that the Mayor of said City be, and he hereby is,
authorized to enter into an agreement with the Seaboard Coast
Railroad Company, and to sign same on
said Railroad Company grants unto said City the right
to install and maintain for the purpose of conveying
water, a line of 16-inch ducti'~le iron pipe across the
and under the main track of said Railroad Company at or near
Boynton Beach, Florida; as more particularly described in said
agreement, which agreement is dated February 18, 1981, a copy of
which agreement is filed with this
PASSED AND ADOPTED THIS
Line
behalf of said City whereby
or license
(potable)
right-of-way
City Council.
~/ DAY OF April, 1981.
CITY OF BOYNTON BEACH, FLORIDA.
Mayor ~
ATTEST:
C~ty Clerk
~Corp. Seal)
Council Member
Form 3530-Sheet 1
- Revised Jan. 1981
RE-43588
15DK02272
TRIS AGREEMENT, M~de this 18th day of February, 1981, by and between the
SEABOARD CDAST LINE RAILROAD COMPANY, a Virginia corporation, hereinafter
referred to as' Licensor, and the CITY OF BOYNTON BEACH, a municipal
corporation nnder the laws of the State of Florida, hereinafter styled
Licensee,
WITNESSETR: That Licensor, for and in consideration of the sum of One
Dollar to it in hand paid by Licensee, the receipt of which is hereby
acknowledged, and of the covenants and agreements hereinafter made and
contained on the part of the Licensee to be kept and performed~ hereby grants
u~to Lice~nsae_~he right or license to install and maintain, for the purpose
or convey~_ng IPOTABLE) water~ a line of 1§ inch DUCTILE IROM PIPE acros~ the
right of ~y and under the main track of Licensor at or near Boymton Beach,
Florida, at a point 950 feet northwardly measured along the center line of
the main track of Licensor from'Milepost SX-98I~ as shown in green on print
of Licensee's Drawing, Sheet 1 of 1, Revised Dea~ 30, 1980, attached hereto
and made a part hereof; as also described in Form 115, Licensee's
Specifications for said line of pipe attached hereto and made a part hereof;
Licensor's right of way being as indicated on said print.
And Licensee hereby covenants and agrees in consideration thereof:
I. Lieer~ee shall install and maintain said pipe at its expense in a
manner satisfactory to the Division Engineer of Licensor and so as not to
interfere with pipe or other structures now in place. In the event the said
pipe shall require repair or renewal, Licensee shall make suc~ repair or
renewal at its expense; and upon the failure of Licensee so to do~ the said
Division Engineer of Licensor shall give written notice to Licensee, and upon
the failure of Licensee to make repair or renewal within thirty days after
such notice, Licensor may make all necessary repai~ or renewal at the cost of
Licensee, which cost Licensee hereby agrees to pay on demand.
2. Licensee shall install and maintain~ above ground and in a manner
and at such locations as may be designated by said Engineer of Licensor,
markers to plainly indicate the location, depth at which installed and
ownership of said pipe. Licensee will, at its expense~ at any time, upon
thirty days' written notice given hy Licensor, change and alter the location
of said pipe to conform to any changes or improvements that may be made by
Licensor in its tracks or roadway at said location, or to permit the
utilization of Licensor's right of way~ or other lands, for the construction
of tracks, buildings or other structures.
3(a)~ Licensor shall not be responsible in any manner for loss of or
damage to said pipe and the contents thereof from aay cause whatsoever; and
Licensee shall and does hereby assume, and agrees to indemnify and hold
harm]sss the Licensor, its successors and assigns, from and against all loss,
costs, expenses, including attorneys' fees~ claims, suits and judgments
whatsoever in connection with injury to or death of any person or persons or
loss of or damage to property caused by or in any way connected with the
installation, maintenance, use or presence of said pipe and appurtenances on
said premises, howsoever caused.
Form3530-Sheet 2
Revised Nov. 1979
(b). Any provision herein to the contrary notwithstanding, Licensee
agrees to indemnify and hold harmless Licensor from alt claims, costs and
expenses (including attorneys' fees) as a consequence of any incident
resulting in the pollution of air, water or land arising from or in
connection with the grant of this indenture or any supplements thereto
regardless of the location or proximity of such pollution to the demised
premises; and for any claim or liability arising under federal_or state law
dealing with the pollution of air, water or land.
(c). Ail obligations of the Licensee under this agreement to release,
indemnify and hold harmless the Licensor shall also extend to officers,
agents and employees of the Licensor, and to companies and other legal
entities that ~ontrol~ are contolled by, are subsidiaries of, or are
affiliated with, the Licensor~ their respective officers, agents and
employees.
4~ Licensee will pay to Licensor, on bills rendered by Licensor, the
full amount of all costs and expenses which may be i~curred by Licensor in
protecting its track or tracks and maintaining i~raffic thereover by driving
piling or by other means while said pipe is being placed thereunder, or
during any ~epair, renewal~ relocation or removal of sai~ pipe.
5. It is expressly understood and agreed that Licensee shall be
prohibited, incident to the installation and/or maintenance ~ said pipe on
Licensor's property, from using explosives of any type without the express
written coe~ent of Licensor~ in the event such cor~ent is extended, a
representative will be assigned by Licensor to protect Licensor's interests
and Licensee, in addition to all other costs to be borne by Licensee as
herein set forth, shall reimburse Licensor for the entire cost and expense of
furnishing said representative.
6. In consideration for the right or license hereby granted, Licensee
hereby agrees that the Licensor shall not at any time or in any manner be
assessed with the cost or any part of the cost of the installation and
maintenance of said pipe amd appurtenances thereto on Licensor's property.
7[a). During the installation of said pipe, the Licensee shall furnish
(or require its contractor to furnish) the Licensor a Certificate of
Insurance showing that the Licensee (or its contractor) carries liability
insurance applicable to the job in question (evidencing said applicability by
a contractual liability endorsement stating that the insurance is applicable
to the obligations assumed by the Licensee under the agreement with Licensor)
in the amount of $1,000,000.00 for all personal injuries, death, or property
damage, per occurrence arising during the policy period.
(b). The Licensee shall furnish certificates of insurance evidencing
the above coverage and the form of the policy (or policies), the carrier and
the amount of the coverage shall be subject to the prior approval of the
Licensor. Such insurance shall contain a contractual liability endorsement
which will cover the obligations assumed under this agreement and such other
endorsement or endorsements as, in the opinion of counsel for the Licensor,
may be necessary or advisable to fully protect and indemnify the Licensor.
In addition, such insurance shall contain notification provisions ~aereby the
insurance company agrees to give 30 days' notice to the Licensor of any
change or cancellation of the policy. All of these endorsements and notice
Form 3530-Shee~ 3
~evised Nov. 1979
provisions shall be stated on the certificate of insurance which is to be
provided to the Licensor. Provided, however, that notwithstanding any of the
provisions of this agreement with respect to insurance, it is understood and
agreed that the liability assumed by the Licensee shall not be limited to the
insurance coverage stipulated herein.
8. The portion of said pipe under said track and roadbed thereof shall
be encased by and at the expense of the Licensee in 30-inch (O.D.) steel pipe
conduit an~ placed at a minimum depth of 13 feet below the base of rail of
said track, or not less than 3 feet below the bottom of Licensor's roadbad
ditches, or not less than 4 feet below ground surface -whichever depth may
be the lowar - measurements being to the top of said conduit.
..... ~ee agrees to pay to Licensor, in addition to all other
considerations mentioned herein, the sum of Sixty Dollars ($60.00) to
partially reimburse said Licensor for the costs of survey and other handling
necessary to the making of this agreement.
It is understood and agreed that this agreement shall not be Binding
until it has been authorized or ratified by a proper ordinance or resolution
of the City Council of the City of Boynton Beach, Florida, a certified copy
of ~aich ordinance or resolution is attached hereto and made a part hereof.
tN WI~ESS WHEREOF the parties hereto have executed this agreement in
duplicate the day and year first above written.
Witnesses for Licensor: SEABOARD COAS~ LIME RAILROAD CO~PA~Y
By
(L.S.)
Witnesses for Licensee:
CITY OF BOYNTON BEACh, FLORIDA
~Y.
Mayor
Attest (SEAL)
Clerk
Fora 3530-Sheet 4
Revised Nov. 1979
Extracts from minutes of meeting of
Boynton Beach, Florida, held on the__
the City Council of the City of
day of , 19
RgSOLUTION
Be it resolved by the City Council in regular meeting assembled that the
Mayor of s~d City be, and ke hereby is~ authorized to enter into an
agreement with the SEABOARD COAST LINE RAILROAD COMPA~N~f, and to sign same on
behalf of said City whsreby said Railroad Company grants unto said City the
right or license to install and maintain for the purpose of conveying
(POTABLE) ~ter, a line of 16-inch DUCTIL$ IRON pipe across the right of way
and under the main track of said Railroad Company at or near BOYNTON BEACR,
FLORIDA; as ~ore particularly described in said agreement, which agreement is
dated February 18, 1981, a copy of which agreement is filed with this City
Council.
certify the above to be a true and correct copy~
Clerk
Fen. 221
Re~: Dec., 197,~
APPROVED. FOR SEABOARD COAS'F LINE I;IAILROAD COMPANY-.
;'~'" ~'o~.,APPROVED
- FORM
~aW ~epurt~lcnt.
5.uperinten dtmt.
10.
11.
12.
~ Forr~ 11~
SEABOARD COAST LINE RAILROAD COMPANY
APPLICATION FOR PIPE LIN~ CROSSING LTI~D~ P~P~T~ AND ~S
Pla~ for prop~
and ~q~
.... F~ no~ (D~on) ~ ~ ~ ~e P~ ~X-9~l
W~, ~l~-ob~o~ ~ ~ rdo~ ( ) Yes ( X ) No ~ ~ ~ -
~ W~ ~s~ 70 PaL ~e~
~Msh~E~ . 330' east of ~ght-of-~av: 10~ west of yi~hhof-waf
14.
13.
.PIPE SPEC~'~C~TiONS:
Material
Material Spe~i~or~ aud G~de
~L.,m Yie~ ~ d Ma~ PSI
Mm T~ ~ PSI
~i~a of Jo~
T~ ~ ~ ~ R/W _
SE~: Bo~ ~ non-shrink ~rOUt~e ~
B~Y: (~ ~eath ~) ,. ~n. 4'
~Y: (~ ~a~) .. Nih. ~'
CATKODIC P~ON: ( ) Yes (X) Ho
_ Ductile Iron _ Steel
s0~. N/^
-,-,--..-1~. 66"
0 _ -~7". O. A69"
--_____13.4"
S~am~less
I~' 20'
-~J 11-72 __'We] dedr
217.'
Hgt shove ~rmmd 4.0' Minimum
PROTECTfVE COATING: (X) Yes ( ) l~e ~ous
T~pe, M/zea~/ SPaeingof [nsu]atorsor Snpport;s Wood Blocking. 4" w
~ethod ~ lns~fion JaCk g ~re
~ appHca~on is app~v~, applier a~es ~ re/mbu~e the ~ for any cost ~c~ by the
i~HaSo~, ~in~nc~ ~d/or supe~ion n~essi~d by tMs pipe l~e
~I l~b~ for acdd~ts or ~u~es w~ch a~se ~ a result of th~ i~5~
FOR ~E CITY OF BO~0N BHA~, FLORIDA
RUSSELL ~ ~0N
Joe C. Sw~. P.B.
..................... Resident ~ngineer
~ 57'
APPROVED -
NICHOLAS & ~CANNON AGENCY
P. O. Box 1414
Sarasota, Florida 33578
SOUTHEAST. U~ERGROUND CONSTRUCTION,
P. O. Box'!428
Cape Coral, Florida 33910
COMPANIES AFFORDING COVERAGES
UNITED STA~ES FIDELITY
AND GUARANT~ COMPANY
ST. PAUL FII{E AND MARINE
INSURANCE CO~PANY
F.C.C.I.
COMPANY E
LETTER
POLICY Limits of Liability in Thousands (O00)
GENERAL ~JAz~iLiTY ' ' ~DILY~U~¥ $ 500 $
co~,,~ ~o~ MP 47874 10-1-81
EXPLOSDN AND .OLLA~E BROP[R~DA~AGE $ 500 ) $ 500
~ 459843 10-1-81 ~c~.Ju.~ ~ 500
EXCESS ~tASiLITY COMBINED
~.~..~,~o~ 509XC4407 10-1-81 .~o.~ [, i000 ~000
E~.~O~ u~u~Y 1-1-82 - ~'~- ~
~~ ~ 100
,y Injury
tire MP 47874 10-1-81 Property
Boynton Beach Railroad Crossing - License Agreement
Transmittal dtd 17 March 1981 A-14049
Form 3530 Sheet 1 - Revised 1-81
~72 dtd February 1981
Cancellation: $~o,~td ,any of the above descr bed policies be cancelled before [ne exo rat on date thereof, the issuingcom*
,p¢~y will (~l~.~:X~ malt ~ days written notice to the below n~med cer'~ ficate holder.
lOperating Department
p~ 0. ~x 9~1
Tampa, Florida 33601
DATE )SSUEB March. 26, 1981
?
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