78-ZRESOLUTION NO. 78-~
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1: That the Mayor and City Clerk be and they
are authorized to enter into an agreement with the Seaboard Coast
Line Railroad Company, 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 a water main,
a line of 24-inch pipe across the rmght of way and under tracks
of said Railroad Company at Boynton Beach, Florida, as particular]
described in said agreement, which agreement is dated March 10,
1978, a copy of which agreement is filed with che City Council.
A copy of which agreement ms attached hereto and made a part
hereof.
PASSED AND ADOPTED, this ~'-~ day of El, 1978.
By:
Vice
Co'
CITY OF BOYNTON BEACH, FLORIDA
Councilmember
~TTE ST:
City C lerk~ "
(Corp. Seal)
For~ 3530
Re~. June, 19~--~n~et I
RE-38854
THIS AGREEMENT, Madethis 10th day ~ M~rch .1978 .by snd
betwnenthe SEABOARD COAST LI~RAILROAD COMPANY, hereinafter ~ferred to ~Lieensor. au~the
CITY OF BOYt~TON BEACH, a municipal co~poration under the laws of the State of
Florida
· hereinafter s~yIed Licenee~
WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to ~ ~n hm~d p~ by L~eensee~
the receipt of ~vhlch is hea~by acknowledged~ and of the cover~nts and agreements hereinafter made ~nd c~n~.ine~
on the pa~ of Licensee ~ be kept ~d ~ed~ hereby ~ un~ License ~e ~ght or Iic~ ~ ~H ~
mai~n, for the pu~o~ of a wa~e~ main, a l~e of 24-inch ductile iron pipe across the
right of ~y and under tracks of Licensor at Boynton Beach, Florida, at a point
245 f~e~ southwardly measured aiong the center line of Lice~or~s ~in track from
~lepost SX-984; as sho~ in gre~ on th~ print attached hereto mmd ~ a pert
hereof; said right of way being as indicated on said print.
And Licensee hereby covenants and agree~ in consideration thereo~:
1. Licensee shall install and maintain said pipe at its expense m a manner' satisfactory to ~he Division
neet of Licensor and so as not to interfere with pipe or other s~ructures now in plac~ In the event the said pipe
shall require repair or renewal, Licensee shall make such repair or renewal at i~s expense; and upon the failure
Licensee so to do, the said Divislon Engineer of Licensor shall give written notice to Licensee, and upeu the failu~
of Liceneee to make repair or renewal within thi~y days after such notice, Licensor may make ail necessary ~epai~
or renewal at the cost of Licensee, which cost Licensee hereby agrees rn pay on demand~
2. Licensee shall install and maintain, above ground and in a manner and at such locations ss may be designated
by said En~neer of Licensor, markers to plainly indicate the location, depth at which installed an~[ ovrnership of
said pipe. Licensee will, at its expense, at any time, upon thirty ~ays' writton notice given by Licensor, change and
alter the location of said pipe to cerfform to any changes or ~mprovements ~tmt may be made by Licensor in its
tracks or roadway at said location, or to permit the utilization of Licensor's righ~ o£ way, or other lm~s, for the
construction of tracks, buildings or other structures.
Form
3. ~ce~r s~ not be respo~te in ~ny ~er for loss of or ~age ~ ~id p~ ~d the ~n~ ~er~f
f~m any ~u~ whats~r; ~d Licensee ~I and do~ hereby assure% and a~ to ~d~y ~d hold ~-
l~s ~e Lice~or, i~ succ~ers and as~, ~rom an~ aga~azt ail loss. ~s~, e~ense% i~lud~g a~om~s'
c~, sui~ ~ jud~en~ w~ver ~ co~ection ~th inju~ to or death of ~y per~n or p~so~ or l~s of
~ ~ prop~ ~used by ~ in ~y way co~eet~ ~ith ~e in~aHati~, ma~nance, use or price o~
~pe ~ ~pp~n~caz on s~d ~m~es, hog.ever ~use~
4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all costs and expenses which
may he incrusted by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling or
by other me.ns ~vhkle said pipe is being placed thereunder, or during any repair, renewal, relocation or removal of
said pipe.
5. It ia expressly understood and a~eed tha~ Licensee shall be prohibited, incident to the installation and/or
maintenance of said pipe on Licensor's property, from u~ng exploslves o£ any type without the express w~itten con-
sent of Licensar; in the event such con~ent is extended, a representative will be assigned by Licensor to protect
LieensorM interests and Licensee, in addition to ali other costs to be borne by Licensee az herein set forth, shall
reimburse Licensor for the entire co~ and expense of fnsnlshing said repre~en~tive.
6. In consideration for the right or license hereby granted, Licensee hereby agrees that the Licensor shall mot
at any time or in any manner be assessed with the cost or any part of the cost of the installation and maintenance
of az~d pi~e and appurtenances thereto on Linenser's property.
7. The portion of said pipeline under said tracks and roadbeds thereof shall be
encased by and at the expense of the Licensee in a 42-inch steel pipe conduit
and placed at a minimum depth of 66 inches below the base of rail of said tracks.
or not less than 48 inches below the bottom of Licensor's roadbed ditches, or mot
less than 48 inches below ground surface - whichever depth may be the lower -
measurements being to the top of said conduit
8(a). During the installation of said pipe the Licensee will, if it
is to perform the installation, or if the Licensee is to have a contractor perform
the installation, require said contractor to, at its sole cost and expense, procure
and keep in force Workmen's Compensation and Employers' Liability Insurance, and
Public Liability Insurance and Protective Public Liability Insurance, including
automobile coverage, providing for a limit of not less than $1,000,000.00 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 arising
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
coverage shall be subjecu 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 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 to
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.
Form
Rev'. June, 19~iL--Sh~et
9. Licensee agrees to pay to Licensor, in addition to alt other considerations
mentioned herein, ~he sum of Thirty Dollars ($30.00) to partially reimburse said
Licensor for the costs of survey and other handling necessary to the making of this
agreement.
NOTE: The following changes were made in this agreement prior to the execution
thereof:
Articles 7-9: Added.
It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by
aproparordlnanceorresolutlonofthe City Council of the City of Boyuton Beach, Florida
, a certified copy of ~vhich ordinance or resolution is
attached hereto and made part of this agreement.
IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day ami year frrst
above written.
Witness for Licensor:
SEABOARD COAST LINE RAILROAD COMPANY
(L.S.)
Witnesses fo~ Licensee:
CITY OF BOYNTON BEACH, FLORIDA
Attest: ...............
(L.S.)
-~ Form 221
[ Roy. Oc~, 1974
APPROVED FOR SEABOARD COAST LINE RAILROAD CO]IPANY:
A~ to Form
Reel
L iI~ IT$ Pt~ t~ T - ~
COIITt~t~ £ T
(z~Y O7H~3~
SEC TIOL/ A -A