65-GForm No. RW 005
FLORIDA STATE ROAD DEPARTMENT
CITY RESOLUTION
' C°unty i Secti°n Utility Job No.~/ State Road No. / County Name irarcel&R/WJobNo, i
I 93 I 512 6601 S-811 Palm Beach t 5 2601
A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE
ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-
OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION
SHALL TAKE EFFECT.
ON MOTION OF ~g~l~l~l: (Councilman) , seconded by
(Councilman) , the following Resolution was adopted:
WHEREAS, the State Road Department of Florida has located and proposes to construct or reconstruct
Delray Beach north along Seacrest Blvd. to Boynton Canal;
a part of State Road~_811, from north limits of/ ; and
WHEREAS, in order for the State Road Department to further and complete said project, it is neces-
sary that certain utilities and/or facilities within the Right of Way limits of said State Road S-Sll
be adjusted, changed or relocated; and '
WHEREAS, the State Road Department having requested the City of Bosrnton Beech
Florida, to execute and deliver to the State Road Department a Utilities Agreement, agreeing to make or
cause to be made such adjustments, changes or relocations of said utilities and/or facilities as set out in
said Agreement, and said request having been duly considered;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Boynton Beach , Florida, that the Mayor and Clerk (City Manager) be and they are hereby
authorized and directed to make, execute and deliver to the State Road Department a Utilities Agreement
for the adjustment, change or relocation of certain utilities within the Right of Way limits of said State
Road S-~ll , Section 93512-6601 ;
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the grate Road
Department at Tallahassee, Florida. Passed and Adopted January 18,
CITY OF BO~N BEACH (Corp. Seal) CITY O F B O ', ,~; ~ r :x'': ~ '~ ~ ~ti,; r.~3RIDA
COUNTY OF PALM BEACH BY-~-2L ......... _% _, ;,, ., ~r'
Attest: ,~
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Rey ~
City Council of the City of Bosrnton Bea ·
at a meeting of said City Council , held on this
196 5.
./
18th day of Janu~;].~ ' l~.
WITNE.~.-' my hand and seal on this ~.9~ day of
BY
January , A. D. 196 5.
.i ,:'
Clerk (Gi~y---Mama~r~ '~;f the City of
Boynton Bea.~:h , Florida.
FI.(q~.II)A WI'ATE tlOAl} DEPARTMENT
CITY UTILITY RELOCATION AGREEMENT
[qilit> Job-No. ' State Ro-ad No. County Na~e l'arc,,I & I{/W.Yob No.
made a;~,} enlered into this IH1}t day of .'[;~t..,:~:'.. , I9(;:'). by and
~IOAD DICPAIVI'MICNT OF Fi. ORII/A, hereinafter v.fe-ro, t :,. ;? 'he 1)l']i'.Xllq 51F'iNT.
,-' kkA,'5, in order t.o facilitate such wr)rk iL is nec,~5, sary that pr,,v!si,ms
change ,,n' rel:~eati,m of certain facilities and/or utilities within said ('lTY (and
whctta,r x~ithin the ccrp,'~ra~e limits thereof or not) and located within the right
connect v;,; link ~41ate Road or appurteuances thereto, viz:
Ar',3 :tn:t a!i ',.vat(r mains, fire hydrants, .~anitary sewms, gas mains, fhe ;tnd i,vl *,-
system>;, IC[ei)}l~,tlO' electrical and telegraph systems, including poles, p.!e 5nos alibi
~Jro.tll(t faeilitieb thereof, and any other utilities and facilities within such right
NOW. TtlEIIEFORE, the premises considered, and in consideration ,,f the s~m ¢~ {)n,~
¢~:he. m band paid, the receilt ;vh.reof is hereby acknowledged, and in ftlrth,q' C~ql.~idt, l-.tti{;o
t~i;tl c~;vtqian!$ h,.'..i,mfter contained, it is agreed by the parties its follows:
1. That t.h. DEPARTMENT will provide at its expen-;e fro' the cm~st.~<'tion, rec,,n~t.ucticm, cLan~e or
reDMfen;eut ,,f all drainage Mr!lctures necessary to prc,l,crly drain said mt,nicit.t} c.rmecliuV 7i~,~ St.ate
}:toad ,.vi',:hin l};e said CITY. but not otherwise,
2. That in cx,ns;dm'atirm of the DEPARTMENT'5 undet'tal.:in.~r the constructimi
~ec. ti~',~ link Sta:e H,mrt. which will be ,ff benefit to the CITY aim its cilizen~ as a
(,r utiJhies where ],:,cared ,m public property withou: cost ,;r expense to the DI?]I'AI[TMi.iNT,
enter Jntt~ all neces-ary affreements of arrangements with priv:~tely ,~wm.d ::IiiiItt,.
cocpfn'ate limits. ?~ as t,, require such utility owner~: t,} also make all ncces:;at'y adj'.~stmc~!ts,
ehang,-s c}f ihe[r f,a'ilfih:s ,>r utilities, in order to comply with the id:ms, designs
prior t,~ the ad':ertlsin~ for })his on said l)r,)ject, and file the >;tme with the ')I'.i'.X1. FM
da(e, such agreen:e.ts t. provide for:
1. ¢'cve-fn? p,,)::e.d~re for coodinating the work;
t. 3,1ip, m-~iza!.,r~ o:' dela3-:.~;
~. T;,. t Iq'~ '.< ::~'.eement to pay compensathm so determined;
3. Thc ('ITY further agrees that said adjustments, changes or relocation of said fac lit~(.s or utilities
will }.: made hy the (~ITY, or privately owned utility companies, with sufficient promptnes~ s. a~ ~o ca&se
n. dei.3 ~ the DEPARTMENT or ~ts I'ontractor in the Pr.secution of such cons[ructi(m ~,}. recon,struc~ion
. work. The (HTY /urlhcr agrees lhat in the event the chan~es, adj.stments or relocation
~m,.~aneo.sly with the construct/on project, that it will r(im~:.rs:< ~,r ca.se the
privately owned util/t- companies ~o reimburse, the contractor direct]v for any jcls: c~aim due t. delays
caused by the CITY'S or privately owned utilities companies' operations or h;ndra.ce
efficient pro:~ecati,m of the construction work.
4. It is mutually understood and agreed between the part/cs beret, thai the CiTY slmli a:.s.me the
sole responsibility for lhe necessary adjustment, change or reb~caiion of all of said fa{q}ili~-, ,.. ~.~ilitics,
whether the same he publicly or privately owned; it being the intent of the DI4:I,ARTSII(N-~ :~.. :}x, C!TY
shall en[er into all negotiatiuns and agreements with privately owned .~ililv cr~mpa.i.~ ~,;:..m.~,l,iish this
p.rpose, and t- ~ce that the CITY. the I)EPARTMENT and/or its ('ont.act.r
fended itlld indemnified against any fa/lure (,n the par[ of such companies 1(, properly and t,r,.~t ,. perf,,rm
the necessary work required of fhem by virtue of such construction ,)r reconstru(:~.n
5. The CiTY ft, rfl~er agrees that the State Highway Engineur shall acl a~ .l'}>i~m. i..e<'id~:,~ ali cues-
tions, di~iculties or disputes oF whatever nature which m.y arise under or },5' reit:~(~n of this A?re~rnc, nt 'tnd
hi< decisi ,.~ rek~tive thereof shal'l be finaI and (:onclusi~e upon ali
~; The ('I'FY Furth(,r agrees lhat it , ~
kept in fei,air, :.~, .t such adjuste,l, changed or relocated facilities or ut/lit/es
said State Rc,a,l, ~, ~on:ply with all provisions of hlw and of lhe DEPA~{TMENT'~ nm'i,,a~ v.'th amend-
ments ami spacificati,ms f.r traffic control rl,uting and t,arking a.d to c.nfl~rm
DEPAIiTMENT pertaining thereto.
7. It i.~ mutually agreed that any altached map .. sketch ~ht)wing ;t~i5 st.'h ca{,~hth,s ,;r .ti!5:ies ~(, be
adjusted, changed. (,r re~ocate,t is mwle a part here,,f by reference.
8. The CITY further agrees to indemnify, defend, and save harmless a.d ex'merate ~he DI'JPAR'F_
3lENT of and fr(,m all liability, cia/ms, ami demands f,~r contractualliabili~v risinff otl~ ,)f .he work under-
taken by th(: (:ITY, its employees, agents, representatives, ,)r its subcontra.tor,q m- arising Oilt >~atlv other
operation, no matter hy whom performed, or on behalf, or in toni.notion wi~h
the DEPARTMENT with others on the same.job, or ad jut:.' thereto, whether ('.r
em ,h,vees. ajzenlq, Fi'')Fi'SOIi}aI[VO<, OF its subcontractors.
J~¥.