78-BBB RESOLUTION NO.
BE IT RESOLVED BY THE
BOY,TON BEACH, FLORIDA:
to enter
Company,
78. SSS
CIT CO CIL OF OF
That.the ~ayor and City Clerk be and they are authori
into~an agreement with the Seaboard Coast,Line Railroad
and to sign same on behalf'of said City Whereby said
Railroad Company grants unto City the right or license to install
and maintain, for the purpose of conducting sewage, a line of
20-inch pipe across the right-of-way and under tracks of said
Railroad Company at Boynton Beach, Florida, as particularly
described in said agreement, which agreement is dated August 25,
1978, a copy of which agreement is filed with the City Council.
A copy of which agreement is attached hereto and made a part
hereof.
PASSED A/qD ADOPTED this /f day of i~ 1978.
ATTEST:
CITY OF BO1-NTON BEACH,, FLORIDA
City Cl~
(Corp. Seal)
Fern 3539
Rev. June, l~---Sheet I
RE-39806
THIS AGREEIKE~NT. Made this 25th day of August .19 78 .by and
between ~he SEABOARD COAST LL'qE RAILROAD COMPA1YY, hereinafter referred to as Licensor, and the
CITY OF BOYNTON BEACH, a municipal corporation under the laws of the State of Florida
, here~naftsr styled~ Licensee.
WITNESSETH: Th~ Licensor, ~r and in consideration ~ the sum of One Dollar to ~ in baud paid by Licensee.
~e r~e~t ~ which is hereby acknowledge~ and of the covenants and ag~men~ herei~r made and conta~ed
on ~e part of L~ensee ~ be kept and pe~ormed, h~reby grants uuto Licensee the ~ht or I~ ~ ~nst~l and
maint~ for the purpose ~ conducting sewerage, a line of 20-inch ductile iron pipe
across the right of way and underneath the tracks of Licensor, including Licensor's
maim track, at or nea~ Boynton Beach, Florida, at a point 430 feat southwardty
measured along the center line of said main track from Milepost SX-983; as shown
in green un Licensee's print of Drawing Sheet 1 of I, last revised by Licensee
July, 1978, and prepared b~ Russell & Axon, 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 rights of way being as indicated
on said print.
And Licensee hereby covenants and agrse~ in consideration thereof:
1. Licensee shall install and maintain said pipe at its expense in ~ manner satisfactory to ~he Division En2~-
neer of Licenser and so as net to in~erfere with pipe or other structures now in place. In the event the said pipe
shail require repair or renewal, Licensee shall ra~e such 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 tu L~censee. and upon the failure
of Licensee to make repair or renewal within thirty days after such notice, Licensor may make all necessary repair
or renewal at the cost of Licensee, which cost Licensee hereby agrees to pay on demand.
2. Licensee shall ins~dl and maintain, above ground and in a manner and at such locations as may he designated
by said Engmeer of Licensor, markers to pinin]y indicate the location, depth at which instai~ecl and ownership of
said pipe. Licensee ~vill, a~ its expense, at any time, upon thirty days' written notice given hy Licensor. change and
alter the location of said pipe to co.form to any changes or improvemexcts that m~y be made by Licensor in i~s
~racks 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.
Form
Rev. Jun~. LqT$--Sheet
3. Licensor shall not be responsible in any manner for loss of er d~mage to said pipe and the contents thereof
from any cause whatsoever; and Licensee shall and does hereby assmne, and agrees to indemnLfy and hold harm-
less the Licensor, its successors and asslgns, from and against ail loss, costs, expenses, iaclu~ing attorneys' fees,
claims, suits and judgments whatsosver 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 iastaI~ation, maintenance, use or prseen~ of said
pipe and ~ppur~enances on said premises, howsoever caused.
4. Licensee will pay to Licensor, on b~lls rendered by Licenser, the full amoun~ of all costs and expenses which
may be incurred Dy Licensor in protecting its track or tracks and maintaining tra~flc thereover by driving p'fling or
by other means whRe said p pe is being placed thereunder, or dtzrlng any repair, renmwal, relocation or removal of
said pipe.
5. It is expressly understood and agreed that Licensee shall be prohibited; inc~ant to the i~stsllation and/or
maintenance of said p~pe on Licensor's property, f~rom u~ng explosives of any type ~hout the exl~ress'Wr~en con-
sent of Licensor;, ~n ~he event such consent is extended, a representative will be assigned by Licensor to protect
Licensor's interests and Licensse~ in addition to al~ c~her costs to be berne by Licensee as herein set forth, shah
reimburse Licensor for the entire cost and expense of furnishing said representative~
6. In consideration for the right or Hcense hereby granted, Licease~ hereby agrees tlmt the Licensor shall not
at any time or in any nmnner Be assessed with the cost or any pur~ of the cost of the installation and maint.~nce
of sa~d pipe and appurtenances thereto on Licensor's prnper~y.
?. The portion of said pipeline under said tracks and roadbed thereof shall be
encased by and at the eXpense of the Licensee in 37-inch steel pipe conduit
and placed at a minimum depth of 55 inches below the base of rail of said tracks,
or not less than 36 inches below the bottom of Licensor's roadbed ditches~ or not
less than 35 inches below ground surface - whichever depth may be the lower -
measurements being ~o the top of said conduit.
8(a). During the installation of said pipeline the Licensee will~ if it
is to perform the i~stallation, or if the Licensee is to have a comtrnctor perform
the installation, require said contractor to, at its sole cost and expense, procure
and keep in force Wo~kmen's Compensation and Employers~ Liability Insurance, and
Public Liability Insurance and Protective Public Liability Insurance, imcluding
automobile coverage, providing for a limit of not less than $1,000,000o00 for all
damage arising out of bodily injuries to or death of one person, and subject to
that limit for each person, a total limit of $1,000,000.00 for all damage arisimg
out of bodily injuries to or death of two or more persons in any one occurrence,
and regular Property Damage Liability Insurance, and Protective Property Damage
Liability Insurance, including automobile coverage, providing for a limit of not
less than $1,000,000.00 for all damage arising out of injury to, damage or destruc-
tion of property in any one occurrence.
(b). The Licensee shall furnish certificates of insurance evidencing the
above coverage and the form of the policy, the carrier and the amount of the
cove=age shall be subject to the prior approval of the Licensor. Such insurance
shall ~ontain 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 pro-
tect and indemnify the Licensor. In addition, such insurance shall contain notifi-
cation provisions whereby the insurance company agrees to give 30 days' notice ~o
the Licensor of any change or cancellation of the policies. Ail of these endorse-
ments and notice provisions shall be stated on the certificate of insurance which
is to be provided to the Licensor.
NOTE:
The following changes were made in this agreement prior to execution thereof:
Articles 7-8: Added.
It is understood and a~rsed that th~s agreement shall not be Mn~g ~ it ~ ~n ~o~ or ~i~ ~
aP~p~-~r~on~he City Council of the City of Bottom B~ch, Florida
, a c~ copy ~ w~h o~ or ~l~on ~
a~ he~ ~d ~ p~ of ~ ~
IN ~SS w~EOF the p~i~ h~ ha~ ~u~ ~ a~m~ ~ ~ ~ ~y ~ y~ f~t
Witness for L~censor:
SEABOARD COAST LI~ RAILI~AD CO~PANY
(L.S.)
Witne~e~ ~or Licensee:
CITY OF BOifNTON BEACH. FLORIDA
Cl~k
(L.S.)
(SEAL)
F~n 35~
Rev. June. 197~Sheet 4
Extracts from minu~es of meeting of the
held on the
City Council of the City of Boymton Beach, Florida
day of , 19
RESOLUTION
Be it resolved by ihe City Council
City of Boynton Beach, Florida . of the
Mayor of said City L~ regular meeting assembt~l ~t t~
~, ~d he ~by ~ au~o~z~ ~ e~r ~ an ~t w~h
~e S~BOARD ~A~ LI~E RAILROAD COMPS, and ~ sign ~me on ~h~ of s~d City
w~ere~ said ~ilroad Company grants ~to said Ci~ the right or Iie~se to ~stalt
and ~inta~, for the purpose of a sew~ ~, a line of pipe across the right of way
and uuderneath the tracks of said Railroad Company at or near Boston. Beach, Florida,
as m~re particutarly described in said agre~ent, which agreement is ~te~ August 25,
1978, a copy of whEch agreem~t is filed with this City Co~cil.
I certify the above to be a true and c~rreet copy.
Clerk
F'ona 221
Oct.. 197~
APPROVED FOR SEABOARD COAST LINE RAILROAD COMPANY~
,,.,~ ~'.,.. £~,PPROVED
FORi~i:
Mtmal~er -.. Real .Estate.
t