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63-PRESOLUTION No. 63-P WHEREAS the CITY OF BOYNTON BEACH, FLORIDA, is presently engaged in a major municipal sewage expansion project; and WHEREAS, in connection with subject project, it is essential that the city obtain permission from the Florida East Coast Railway Company to place sewer pipes across and under the right-of-way of said Company through the city limits of the CITY OF BOYNTON BEACH, FLORIDA, NOW, THEREFORE, be it resolved by the City Council of the CITY OF BOYNTON BEACH, FLORIDA ; 1. That the 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 BOYNTON BEA~ FLORIDA, is given the right and privilege to install a 6" cast iron sewer force main encased in a 14" steel casing pipe and a 4" cast iron sewer force main encased in a 10" steel casing pipe across and under the right-of- way and tracks of the Railway in the City of Boynton Beach, Palm Beach County, Florida, at the locations more particularly described in the agree- ment attached hereto and as per Railway's Plan 312-86 dated December 21, 1962, and December 20, 1962, revised March 1, 1963, all according to the further terms and conditions of said proposed agreement attached hereto and 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 agreement for and on behalf of the CITY OF BOYNTON BEACH, a .municipal corporation of the State of Florida. its passage. 3. That this Resolution shall take effect immediately upon Passed and Adopted this 7 ? day of ~') .f4 ~ c ~ , A. D. 1963. (CORPORATE SEAL) /' /--Y ~ /?'- // /'/?.,~"- - ' ~e Mayor ,~ Cohncilmaa City Clerk ~ ..... /~-" ~ ' COu~c:il~a~ Councilman -2- Form 221---Revised---Not for Stock THIS LICENSE AGREEMENT, Made and entered into, in duplicate, this_:~_~__day of ........ A.D., by and between Florida East Coast Railway Company, hereinafter called "Railway" and (_Address: 120 N. ~ ~d A~ ~ hereinafter called "Licensee", WITNESSETH: for f~st ~ Tha~ Railway, for and ~n consideration of the sum o$20.~/ and ~he covenants and a~reemen~s of sa~d L~censee hereinafter se~ forth, hereby g~ve to L~censee ~he r~gh~ and privilege to construct, ~n- stall and maintain eer~a~n appHanees or fixtures for such t~me hereafter as the Railway, ~n ~ts d~scre- fion, shah and may perm~ a~ follows: A 6" cas~ i~ se~r fore m~ ~ased in a ~" ~eel c~ pi~ a~ a 4" cast iron ~r fore ~in enc~d in a 10" a~eel =~ ~ e~ndi~ across %he ~t of ~ ~d ~der the tracks of the ~il~ ~d respective~ south of Mile Pos% 311 f~m Jackso~ille, ~ori~, said of ~ ~g 1~ in ~dth at first l~ation ~d c~e~d on the ~~und ~in track, ~d 75, wi~ at seoond location ~th e~t ~h%~f-w~ li~ 25' east of and p~allel wi+~ cen~r l~e of t~ no~h~ ~ tra~. As sho~ on pr~%s of Ra~,s ~ ~. ~e 312~6 ~%ed ~c~r 21, 1962 ~d ~o~r 20th, 1962, re~sed ~h 1, 1963 res~ctive~, arrayed ~%o and ~ a p~% he~of~ And Licensee hereby covenants and agrees as follows: 1. That said appliance or fixture hereby permitted, shall be of the usual strength and fitness for the purpose used and be put in a good and workmanlike manner. All construction or installation of all of Licensee's appliances 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 six 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 is 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 as required by /~/~~ No other facilities of the Licensee shah be located upon any of the Railway's property without its prior written permission. PAGE 1 3. That if a license is herebY given for a telegraph, telephone or other signal line or lines, then any crossing of the same over 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 other 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 constructed and maintained in conformity with Part Two of Rules, Regulations and Specifications governing construction and maintenance of electric light and power lines crossing 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. 5. The Licensee shall with 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 Western Union Telegraph Company, Ameri- can Telephone & Telegraph Company and Southern Bell Telephone Company 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 change, 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 this agreement, unless it becomes necessary in the unrestricted judgment of Railway to require such re- moval in the operation, protection, maintenance or improvement of the Railway's property. 8. That upon Licensee failing to completely construct or install as provided in paragraph I 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 /ts 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 asigns, shall and will, at all times hereafter in- demnify and save harmless Railway, from and against all suits, claims and judgments, and all loss, damage, 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 Licensee 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, any 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 costs 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 assigns 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 pay Railway, upon the execution and delivery of this agreement, the neces- sary amount of documentary stamp taxes required to be affixed to this agreement under the laws of the United States of America, the State of Florida, or both. 14. Licensee agrees that, if Licensee is herein required t~Yo~nto R~w,~ any sum of money as may be specified on first page hereof, Licensee will pay unto Railway K~_~2.~~.__~ 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, adjust its said facilities to any physical change or additions made at any time by the Railway 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 agrees 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 18, Said 6u and 4~' cast iron sewer force mains shall be installed and maintained by and at LAcon~eets expense; shall consist of pipe in accordance with A.$oT.H. Specifi~ation A 377 or its equivalent) of preper cla~s for the maximin pressure to be carried in said pipe linese Said carrier p~pes shall be properly laid with bell and spigot Joints tightly and securely caulked with lead and oakumo or mechanical Joints of an ~pproved stan&~d type tightly and securely fastened, and upon completion of ir~llation shall be properly pressure tested for the maximas pressure to be carried in said pipe line~ all subject to the approval of an authorized representative of the Railwa~. 19. Licensee agrees that the 14" and 10" steel casing pipes shall be in accordance with A.$.T.M. ~pecification A 139, that said casing pipes shall extend from right-~f-wa~ line to rtght-Cf-wa~ line of the ~allwa~e The section of said casing pipes extend~ through the r~adbeds, and under the tracks of the Railway, shall be installed by the Ar~co or similar boring-Jacking method~ no open trench excavation shall be made through the Rail- way's roadbeds, and the top of said casing pipes shall be a ~t~imam distance of 3.5 feet below the bottom of ties in the Railway's tracks at points of crossing thereunder. Those portions of said casing pipes located beyond the limits of the Rail~y's roadbeds may be installed by open trench excavation. 20e Licensee agrees that upon completion of installation of the carrier pipes and casing pipes~ a pressure test for the maximm~ pressure to be carried in said pipe l~ues shall be made~ the results thereof shall be to the entire satisfaction of an authorized repr~en- tative of the Railway. Casing pipes may be open at both ends if local conditions permit water fro~ possible leaks to discharge into a drainage ditch off Railway's right-of-way, or if this is not practical, the casing pipes shall be sealed at both end~ and provided with a relief vent which will discharge water from possible leaks into a ditch or se~er off the Railwag's right-of-way. The trench excavation on the Rail~ay's right-of-way shall be backfi led in layers of a suitable material thoroughly compacted to the proper a~trface of tbs ground, all at the expense of Licensee and subject to the approval of an authorized representative of the Railways 21. It is agreed between the parties hereto that certain employees of the Railway are on strike and that on account of such strike ~ailway Company m~r not for a considerable period of time be able to provide at the place wheF~ the work will be perfox~e~ a "aSt~eac~ IN WITNESS WHEREOF, The parties hereto have caused these presents ~o be duly executed in dupu- cate ~he day and year firs~ herein written. Signed, sealed and delivered in presence of: /r./ /9 ........................ ~---~: ......................... Witnesses as to Railway. ........ _~::____:'_' ..... :_-:_:.=' ........ _'=_'._'~.-_:=.'-.. ~__' _.~ ...... Witnesses as to Licensee. PAGE 4 The Record Press--St. Augustine, Fla. B-' / I U ( //~~_'__!_ff__~(~eal) Vice Premdenc. '.. ,1'~ ~,,~ ~ .....'[:.:::'/.[~_~(~j~_~'_'f?_[ .... (seal) ~___~~ ........ (seal)  ity Attorney ~ity Manager rep~entative of the Railway c0mpa~F ~e s~pervise the in~tallation of the pi~e l~aes of the Licensee hereinabove 4msc~l~e4~ If RailwaF C~mpany is se ~nable t~ prew~de such representative at the site of the work, then at the end of ~' months fz~m date hereof, the Licensee may demand that Railway refund to Licensee an~ sum of money here- tofore paid Railway by Licensee pursuant to this instruments Upon rei~,_nd being made all ,~'urther liability of either party to the other shall cease and teminate~ ~]~ULTION NO. Upon motion daly made and seconded~ the following resolution was passed and ad~pted~ BE IT RESOLVED by the City C~ncil of the City o~ Boynton Beach, a municipal corporation of the State of Florida: 1 - That the said City of Beynton Beach, Florida, consents to and agrees to enter into an agreement with the Florida East Coast RailwaF Compar~r, wherein and whereby said City of Boynton Beach~ Florida~ is given the right and privilege to install a 6" cast iron sewer force main encased in a 14' steel casing pipe and a 4" cast ir~n sewer force main encased in a 10' steel casing pipe across and under the right-of-way and tracks of the Rail~ay in the City of Boynton Beach, Palm Beach County, Florida, at the locations more particularly described in the agreement at- tached hereto and as per Railw~y,s Plan 312-86 dated December 21, 1962 and December 20, 1962, revised March 1, 1963, all according to the farther terms ,.ud conditions of said proposed agreement attached he-.eto and made a part hereof. 2 - That the Mayor, with the attestation of the City Clerk~ be and they each are hereby authorized and directed ~o execute the said agreement for and on behalf of the City of Boynton Beach, a mu~. cipal corporation of the State of Florida. 3 - That t~is Resolution shall take effect i~aediately ppon its passage. STATE F FL~.IDA ) ) COUNTir ~F PALM BEACH ) ) CITY OF BOYNTON BEACH ) I, _ Y~¥y~J~ //r~~~' _, Ci~r Clerk of the City of Boynton Beach, a ~ci- p~ corporation of ~e State of ~o~, ~ he~'~ ce~i~ t~t the fore~ is a tree and cor~ct copy of origi~ re~uti~n of t~ City of ~yc.~n ~h~ ~orida~ passed at a /~ ~et~g of the ~id Ci~ Co~ held on ~e .//~ o~ ~ ~~ .... , 1~3, as the s~e ap~s ~k ~ P~e ~ of t~ reco~ of said City in ~ offici~ ~e~e ~ ~N~S ~F~ I ~ve ~r~o ~ ~ ~ d ~d the of~ci~ se~ of said City in t~ State, ~ty and City ~o~maid~ this ./ U_ ~Y of ~. , l~3e Fl~i~. FLORIDA EAST COAST RAILWAY COMPANY C.',FF!:';[: Of CHIEF ENGINEER .~'. AUGUSTINE, FLORIDA t~I~ 0, . .5/~ _ ~Ii~_~__X~It~L~___~Q_~ ~:~..~',.~ I"= ~0' ._. ]~,~'~ ........... ~-~ .................. -i FLORIDA EAST COAST RAILWAY COMPAht¥ OFFICE OF CHIEF ENGINEER ST. AUGUSTINE, FLORIDA P~_o_._ ~j~___g_~_L~____~_/~_a X:,//~ ~9~. . _ ~t.~?. O~ ~Y~ToM sc~.~.:,_~ '_'-. -~ ~-'- .......... ~.~'r~ L~J~_ ...... ~:.~..~.__&zZ-.~o ....................