64-WRESOLUTION NO. 64- W.
BE IT RESOLVED by the City Council of the CITY OF
BOYNTON BEACH, FLORIDA:
l~ That the said CITY OF BOYNTON BEACH, FLORIDA,
consents to and agrees to enter into an agreement with the FLORIDA EAST
COAST RAILWAY COMPANY, wherein and whereby said CITY OF BOYNTOI
BEACH, FLORIDA, is given the right and privilege to install a pipe line
and two manholes beginning at a point 40 feet more or less Southerly from
MP 311 from Jacksonville and 3 feet West of Railway's Easterly
line, across and under the right -of-way and tracks of Railway in the City of
Boynton Beach, Palm Beach County, Florida, at the locations more particu-
larly described in the agreement attached hereto and as per Railway's Plan
312-86 dated February 4, 1964, all according to the further terms and
conditions of said proposed agreement attached hereto and hereby made a
part hereof.
2. That the Mayor, with the attestation of the City Clerk be
and they each are hereby authorized and directed to execute the said agree-
ment for and on behalf of the CITY OF BOYNTON BEACH, FLORIDA.
3. That this Resolution shall take effect immediately upon its
passage.
PASSED and ADOPTED this 4 +~k day of ~Y~ ~' , A. P. 1964
(Corporate seal)
City Clerk,.,/
Form 22!---Revised---Not for Stoc~ (23594~
THIS LICENSE AGREEMENT, Made and entered into, in duplicate, this ....... day of ....... A.D., 19 ........
by and between Florida East Coast Railway Company, hereinafter called "Railway" and ........................
C~t,' o~' Boynton Beach, a municipal corporation, (address: Boynton 3each, Florida)
hereinafter called "Licensee", WITNESSETH:
per year
That Railway, for and in consideration of the sum of $100.00/and the covenants and agreements
of said Licensee hereinafter set forth, hereby ~ive to Licensee the right and privilege to construct,
stall and maintain certain appliances or fixtures for such time hereafter as the Railway, in its discre-
tion, shall and may permit aa follows:
T.he right and privilege to install a pipe line and two manholes beginning
at a point hO feet more or less southerly from MP 311 from Jacksonville and ~ feet we.t
of Railwsy,s easterly right of way line, said point being the intersection of the
common centerlines of a manhole and its concrete base; thence, from this manhole,
w~tb a 2h inche reinforced concrete pipe running southerly and parallel to .R~ilway's
easterly right of way line, with centerline of pi~e 3 feet from right of way line,
a distance of 500 feet more or less to the centerline of a second manhole and its
concrete base, the Centerline of the pipe a~ manhole intersecting at a poin~ 3
feet £rom Railway's easterly right of way line; thence from t~is m~nhole wi~h a 2h
inch reinforced concrete pipe running southerly and parallel to Railway, s easterly
right of way line, with centerline of pipe 3 feet from right of way line, a distance
o£ 344 feet more or less to a Jog in the Railway,s right of way line; thence off the
Rsilway,s property, s~id jog of right of way line eoinciding with c~,~,,on side of
Sections 15 and ~2 to T. ~5 S and Range ~ East, Palm Beach County.
As sho~n on print of Railway,s Plan Corr. File 312-86, dated February 4,
19~, attached hereto and made a part hereof.
And Licensee hereby covenants and agrees aa follows:
1. That said appliance or fixture hereby permitted, shall be of the usual strength and fitne~ for the
purpose used and be put in a good and workmanlike manner. All construction or installation of all of
Licensee's appliance~ or fixtures shall be both commenced and completed within six months from date
of this instrument and so reported in writing by Licensee unto Railway within said aix months or in
default thereof this License Agreement shall stand automatically terminated without any notice or
action by Railway.
2. That if said appliance or fixture ia a pipe, to extend under the track of the Railway, the same
shall be located not less than 3.5 feet below the bottom of ties in such tracks, and properly
safe-guarded as may be necessary or aa required by Railway; ~i~ . ~/~/~~, j~%
ff f//
t~/vl~l~f~f/~. No other facilities of the Licensee shall be located upon any of the Railway's property
without its prior written permission.
,' 3. That if a licens~ i~ hereby given for a telegraph, telephone or other signal line or lines, then any
crossing of the same ov~ or under Railway's tracks, shall be constructed and'maintained in conformity
with Part One of Rules, Regulations and Specifications governing the construction and maintenance of
telegraph, telephone and othar signal lines over or under the tracks of steam railroads in the State of
Florida, adopted by Railroad Commissioners of the State of Florida, on May 7, 1924, effective August
1, 1924, and all amendments thereto.
4. And if a license is hereby given for an electric light or power line or lines crossing over or under
tracks of Railway, then such crossing shall be constucted and maintained in conformity with the provisions
of the National Electrical S~fety Code as set forth in Handbook H-43 of the National Bureau of Standards in
its present ft~rm or as subsequently revised, amended plus additional facilities as Railway may require to pro-
tect all of its corflmon carrier railroad operations, using or on Railway's right of way subject to injury or
damage arising from the aforesaid location of Licensee's facilities.
5. 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
within ................ feet from any lines or wires of any licensed communication utility on the right of way of
Railway 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.
6. That said appliance or fixture of the Licensee shall not at any time interfere with or endanger
the track, roadbed, or other property of the Railway, or the operations, maintenance or improvements
of the Railway, or of any other party, thereon; and Licensee shall at its own expense, on notice from
said Railway, forthwith cl~ange, improve or repair such appliance or fixture as may be prescribed by
said Railway.
7. That if Railway in its discretion shall give notice in writing to Licensee of the cancellation
or termination of this agreement, Licensee will at its own expense within thirty days after giving of
such notice, remove said appliance or fixture of the Licensee from the right of way and property of
said Railway, but such removal will not be required by Railway so long as Licensee complies with
agreement, unless it becomes necessary in the unrestricted judgment of Railway to require such re-
moral in the operation, protection, maintenance or improvement of the Railway's property.
8. That upon Licen~ failing to completely construct or install as provided in paragraph 1 or aban-
doning or ceasing to use and maintain said appliance or fixture herein specified, or upon the cancella-
tion 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 Railway's roadbed, tracks, or other property,
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 so to
do, the Railway may make such removal or restoration at the cost and expense of Licensee.
9. That Licensee shall and will cause due notice to be given to the Railway when Licensee or its
contractor or anyone claiming under Licensee, proposes to enter upon or cross the tracks, roadbed and
other property of the Railway with such appliances or fixtures or for excavations therefor, in order that
proper protection may be provided for trains.
PAGE 2
10. That Licensee, its successors, or heirs, and aaigns, shall and will, at all times hereafter in-
demnify and save harmless Railway, from and against all suits, claims and judgments, and all loss,
do. mage, costs, charges and expenses, .which they may suffer, sustain or in anywise be subjected to,
either on account of loss or damage occurring to said Railway or to its roadbed, tracks, cars, engines
and other property, or any loss or damage occurring to said appliance or fixture or other property of
Licensee, or any loss or damage occurring to property of others, not party to this agreement, whether
or not such property be in the custody of License~ or Railway, or on account of death, personal in-
juries or loss to any employee, whether of Licensee or Railway, or other person holding Railway re-
sponsible therefor, arising out of, resulting from, or in any manner caused by, directly or indirectly, the
location, construction, maintenance, operation or presence of the herein licensed appliance or fixture
of Licensee on the right of way and property of Railway. The indemnities herein provided shall ~in-
clude, but not be limited to, a~y loss, claim, damage, suit or judgment occasioned by automobiles, trucks
or other vehicles of any person whomsoever parked or operated on or near the Railway's tracks arising
out of, resulting from, or in any manner caused by, directly or indirectly, from use by the Licensee of
the privileges herein given.
11. Licensee covenants to pay Railway all coats of supervision, labor and material incurred by
Railway in supervising, protecting and restoring the property of the Railway by reason of operation
of Licensee.
12. That this agreement shall be binding upon the successors or the heirs and a~signs of Licensee
and none of the covenants or agreements herein contained shall be waived or modified except by both
parties hereto in writing and no alleged verbal waiver or modification shall be binding under any cir-
cumstances.
13. Licensee agrees to p~y Railway, upon the execution and delivery of this agreement, the neces-
sary amount of documentary stamp t~xes required to be affixed to this agreement under the laws of
the United States of America, the State of Florida, or both.
li. Licensee agrees that, if Licensee is herein required to pay unto Railway any sum of money as
may be specified on first page hereof, Licensee will pay unto Railway the like amount of money in
cash in advance for each year for which this agreement may be renewed or may remain in effect be-
.yond one year from date hereof.
15. Licensee agrees that it will, at its expense, ~djust its s~id facilities to any physical change
or additions made at any time by the l~ilway in its tracks, or the facilities on, or its property at this
location.
16. 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 the Railway's tracks or equipment thereon, that such work shall be subject at all times to
the approval of an authorized representative of the Railway.
17. If Licensee be a municipality or a public or quasi public corporation then it aKrees that no
assessment or other charges of any nature whatsoever shall be levied or made against the Railway or
against its property on account of the installation or existence of Licensee's facilities at this location.
PAGE 3
~8. Licensee covenants that in the construction, operation and maintenance of said
subgrade sewer line, Licensee will fully and faithfully comply with the following
~pecifica tions.
(a) Manholes shall be Florida State Road ~spartment, Type A, or equivalent.
(b) Reinforced ooncrete pipe shall be bell and spigot, modified bell and spigot
or tongue and groove in accordance with current ASTM Specification C-76 or current
specification for prestressed concrete pipe. Joints shall be in accordance with current
standard practice. Pipe shall be installed by open trench excavstion.
(c) The trench and manhole excavations on the Rsilway,s right of way shall be
backfilled in layers of a suitable material thoroughly compacted to the proper ~urface
of the ground, all at the expense of Licensee and subject to the approval of an
authorized r~'presentative of the Railway.
(d) Top of pipe lines shall be ~' ~ ~f 3 feet bel~ g~otmd surface and
top of manholes shall be even with ground surface and installed in such manner as to
not create a tripping hazard.
(e) Licensee will, at its expense, adjust its said pipe line to any physical
change made at any time by ~ilway in its tracks, facilities o.r property at this
location.
(~') The pipe and manholes shall be in, tailed and maintained by and at the expense
of Licensee in a mamaer that will not at any t~.me be a danger to or interfere with
the safe operation of the Rai~ay's tracks, g~i~ays, etc., or equipment thereon;
that such work shall be subject at all times to the approval of an authorized representative
of the R~ilway.
(g) No assessment or other charges of any nature whatsoever .shall be levied
or made against the Railway or against its property on account of the installation or
existence of Licensee's pipe line at this location.
IN WITNESS WHEREOF, The partiea hereto have ~a~Nd these preaeata to be duly executed in dupli.
cate the day and year first herein written.
Si~ned, sealed and delivered in pre~e~ of:
Florida East Com3t Railway Company.
By: ................................................ (seal)
¥~e Pres~le~
iFLORiPA E3ST COAST AAIL.",'¥~A'f gOMF'ANY
OFFICE C~t-~ .'-.:-.,.F ENGINEER
~T, AI.;C~,;%';:NF_, FLORIDA
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