R94-136RESOLUTION NO. R94-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
FLORIDA EAST COAST RAILWAY COMPANY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, (City) hereby deems it to be in the best
interests of the citizens and residents of the City to execute
a License Agreement with the Florida East Coast Railway
Company (Railway) allowing the City the right and privilege to
use, for public at-grade road crossing purposes only, that
part of the right-of-way and property of the Railway at the
Railway's Milepost 311 + 3505~, more particularly described in
composite Exhibit "A", attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized to execute a License Agreement between the City of
Boynton Beach and the Florida East Coast Railway Company, a
copy of said Agreement being attached hereto as composite
Exhibit "A''
Section 2. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this /~ day of August, 1994.
ATTEST:
CITY OF BOY,TON BEACH, FLORIDA
Mayor P~~~~
Cig Clerk
(Corporate Seal)
Authsig.doc
Lic. Agr. - East Coast Railway
8/11/94
18 July 1994
FLORIDA EAST COAST RAILWAY COMPANY
ONE MALAG& 8TREET~ P. O. BOX 1048~ ST. AUGUSTINE, FI~OI~D&
~ ~ ~&2412
W.~HI
~F-~
File: 311/39/3505
Boynton Beach:
Grade Crossing Rehabilitation
Martin Luther King Boulevard, 272478-M
Submittal of Agreement
Ms. Carrie Parker
City Manager
City of Boymon Beach
P. O. Box 310
Boynton Beach, FL 33425
Dear Ms. Parker:
Reference is made to my 6 May 1994 notice of intent to rework the above referenced crossing. In
that letter I made reference to the fact there is no agreement of record clearly stating that the City of
Boynton Beach is the responsible party for the crossing. Accordingly, enclosed please find two
original copies of a license agreement for the crossing.
Upon review of the document you will note it is substantially the same as the 25 March 1975 Palm
Beach County. The division of responsibility is the same as before. However the boiler plate has
changed to more closely follow currem trends contractual law.
May we have the City's marks in the appropriate places, returning the copy marked FEC Railway
Original Copy forbur files? In the interim, if you have any question concerning this, please do not
hesitate to contact me.
Sincerely,
William S. Riehl Ill
Senior Staff Engineer
enclosure
JUL 2 P
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, effective from the ,~ day of
,.~'~.~ , 1994, is between the FLORIDA EAST COAST RAILWAY
COMPANY (Address: P.O. Box Drawer 1048, St. Augustine, Florida 32084), a
Florida corporation, hereinafter called "RAILWAY", CITY of BOYNTON
BEACH, a municipal corporation of the State of Florida, hereinafter called
"CITY."
WITNESSETH:
That the RAILWAY, for valuable consideration and the covenants and
agreements herein contained to be performed and kept by the CITY, does
hereby give and license unto said CITY the right and privilege to use, for
public at-grade road crossing purposes only, that part of the right-of-way
and property of the RAILWAY at the RAILWAY'S Milepost 311 + 3505', more
particularly described as follows, and hereinafter referred to as the
"CROSSING SITE":
See Exhibit "A" Attached Hereto.
The words "CROSSING SITE" are defined to include any railroad
crossing signs, crossing structures or automatic crossing devices which
are, or might be, located within or adjacent to the above-described
location. The status of the CITY is that of a licensee and not lessee. It
has the right to use the CROSSING SITE as specified herein, but legal
possession of the CROSSING SITE shall remain with the RAILWAY.
In consideration of the granting of this Agreement by the RAILWAY,
the CITY covenants and agrees with the RAILWAY as follows:
1. That the CROSSING SITE shall be used for public at-grade road
crossing purposes only across the RAILWAY'S right-of-way and tracks, and
except as herein provided, no pipe, wire, rail, or other line or structure
shall be placed in or on the CROSSING SITE without the previous consent in
writing of the RAILWAY. CITY further agrees that the CROSSING SITE,
together with the additional portions of the RAILWAY'S right-of-way
within 325 feet of the northerly and southerly limits or boundaries of the
CROSSING SITE, will at all times be kept clear of any vegetation or other
growth greater than two (2) feet in height on each side of the tracks at
the expense of CITY and without cost to RAILWAY or lien upon RAILWAY'S
property.
2. This Agreement is for the term of one (1) year. If CITY holds over
and remains in possession after the expiration of such term or any
renewals thereof, this Agreement shall be considered as renewed, unless
sixty (60) days' written notice of the termination of same has been or is
given by the RAILWAY, and shall continue in effect from year to year,
subject to the same terms and conditions as herein contained, unless
amended by the RAILWAY, which it has the right to do upon sixty (60) days'
written notice.
3. The provisions and stipulations of this Agreement are a part of
the consideration of the licensing of the CROSSING SITE, and in the event
the said CITY shall fail to comply with any of the covenants and
conditions, then, at the option of the RAILWAY, this Agreement shall be
terminated with full legal rights and remedies retained by the RAILWAY,
including but not limited to the right to reenter, repossess, and remove
the crossing if it shall elect to do so.
4. The CITY hereby grants unto the RAILWAY necessary permits for
the installation, construction, erection, repair, and maintenance of _~a~ny of
the RAILWAY-owned or maintained facilities described in this Agreement.
If CITY fails to promptly grant the RAILWAY necessary permits, CITY shall
bear all additional expense incurred by the RAILWAY attributable to such
failure, including costs due to slow ordering of trains. CITY shall
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promptly pay Such amounts upon rendition of appropriate billing by the
RAILWAY.
5. Unless otherwise specified, the cost of installation,
construction, maintenance and replacement of all facilities at the
CROSSING SITE, including but not limited to, the crossing structure and
railroad and highway devices, whether performed by the CITY or RAILWAY,
shall be the sole responsibility of the CITY.
6. The RAILWAY shall install, maintain and replace flashing lights,
bells and gates, referred to jointly as "RAILROAD DEVICES," at the
CROSSING SITE. The RAILWAY will install the necessary RAILROAD
DEVICES at the sole cost of the CITY.
In addition, CITY shall pay unto RAILWAY one-half the annual cost of
maintenance of said automatic crossing protection devices as provided in
the Flodda Department of Transportation's SCHEDULE OF ANNUAL COST OF
AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES, as may
in the future be revised or amended, a copy of which is attached hereto
and by reference made a part hereof.
The aforementioned RAILROAD DEVICES are owned by the RAILWAY
and shall remain at the CROSSING SITE until the RAILWAY decides that
they are no longer needed or should be replaced, or until other legal
4
requirements are imposed which shall eliminate or substantially change
the operatiOns of the RAILROAD DEVICES.
7. When the RAILWAY determines that the replacement of the
crossing structure (hereinafter referred to as "STRUCTURE") is more
economical than its continued maintenance, the RAILWAY shall have the
exclusive option to replace the STRUCTURE with a comparable or improved
facility. The replacement, repair and maintenance costs of the new
structure shall be the sole responsibility of the CITY. The CITY shall, at
its sole expense, maintain and replace the remainder of the road inside the
RAILWAY'S right-of-way, plus any paving which may be located between
the ends of the ties. The RAILWAY shall .provide a flagman at said
CROSSING SITE while work is being performed by the CITY under the
provisions of this Agreement, at the sole expense of the CITY.
8. The CITY agrees, acknowledges and understands that the RAILWAY
reserves the right to make any changes at any future time in its existing
tracks or other facilities, including the installation, maintenance and
operation of any additional track or tracks or other facilities on its right-
of-way at the CROSSING SITE. The CITY agrees to bear the total expense
of any changes or additions to the pavement, RAILROAD DEVICES or other
railroad signalization equipment and STRUCTURE at the CROSSING SITE,
5
whether these changes or additions are required by law or order of any
public or judicial authority, done voluntarily by the RAILWAY, or requested
by the CITY.
9. The CITY agrees that it will install, maintain and replace all
necessary drainage facilities to prevent the accumulation of surface
water due to the existence of the CROSSING SITE. Such facilities must
first be approved by the RAILWAY and any governing bodies having
jurisdiction thereof and operation of the facilities shall also be subject
at all times to their approval. An additional license agreement may or
may not be required by the RAILWAY, depending upon the type, size, depth
and other specifications of the proposed facilities, as submitted to the
RAILWAY.
10. Lighting facilities adequate to comply with the requirements of
the laws of the State of Florida covering illumination of road crossings
shall be installed, maintained and replaced at or near this CROSSING SITE
by and at the_sole cost of CITY.
11. The CITY further covenants to pay, either directly or .upon bills
presented unto CITY by the RAILWAY, within thirty (30) days after
presentation of the same, all bills for electricity for the lighting and
illumination of the CROSSING SITE,
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12, At the termination of this Agreement for any cause, or upon
termination of the CITY's use of the CROSSING SITE as herein described,
the CITY shall remove, at its entire cost and expense, said road and all
non-RAILWAY-owned improvements placed upon the RAILWAY'S right-of-
way and restore the ground to its original condition.
13. The CITY shall indemnify and hold harmless RAILWAY for
assessments or other charges of any kind whatsoever against the RAILWAY
at any time for any portion of public improvements installed on or within
two hundred (200) feet of the CROSSING SITE or arising out of the
existence of the CROSSING SITE.
14. The CITY shall not take any action that will prevent or tend to
restrict the operations of trains over the CROSSING SITE.
15. The CITY will include in any contract which it may let. for the
whole or part of said work to be performed hereunder by or for the CITY,
each and every one of the terms and conditions included on the two pages
entitled "INDEMNITY TO THE FLORIDA EAST COAST RAILWAY COMPANY AND
CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC
LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING
SUCH INDEMNITIES" AND "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST
RAILWAY COMPANY TO BE OBTAINED, KEPT IN FULL FORCE AND EFFECT AT
7
COST OF CONTRACTOR," both attached hereto and made a part hereof.
16. CITY shall give the RAILWAY one (1) week's advance notice when
the CITY or its contractor or anyone claiming under this Agreement
proposes to enter upon the CROSSING SITE to perform work under this
Agreement in order that proper warning may be provided for trains; except
that in emergency situations CITY shall only be required to give the
RAILWAY such advance notice as is practicable under the circumstances.
The CITY further agrees that at ali times its personnel or agents are on
the property of the RAILWAY, they will be accompanied by a RAILWAY
representative and any cost inVolved will be borne by the CITY.
17. Installation, maintenance and replacement of any and all
railroad advance warning signs and pavement markings on any road
approaching the CROSSING SITE shall be the sole responsibility of the
CITY, and at its sole expense.
18. The CITY shall promptly pay RAILWAY all charges for
maintenance,_ replacement, repair or otherwise of the facilities at this
crossing as provided for in this Agreement, upon being billed for the same
by the RAILWAY. Failure to promptly pay to RAILWAY amounts billed as
due under this Agreement shall constitute default by the CITY and shall
enable RAILWAY to terminate this Agreement as provided for below.
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19. The CITY is specifically nOtified that its personnel will be
working in an area containing active fiber-optic transmission cable as
well as other cables and other facilities. If a cable or other facility is
cut or damaged, the CITY agrees to indemnify RAILWAY for any damages
which may result. The CITY will secure insurance to cover this obligation
as provided for below.
20. If any provision or provisions of this Agreement shall be held to
be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be
affected or impaired thereby.
21. This Agreement will be governed by the laws of the State of
Florida. It constitutes the complete and exclusive statement of the
Agreement between the parties which supersedes all proposals, oral or
written, and all other communications between the parties related to the
subject matter of this Agreement. Any future change or modification of
this Agreeme0t must be in writing and signed by both parties.
IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this
instrument to be executed in their corporate names and respective seals
to be hereunto affixed in duplicate the day first hereinafter written by
their undersigned officials thereunto lawfully authorized.
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Signed, sealed and
delivered in the presence of:
~iLWAT¢---
FLORIDA EAST COAST RAILWAY
COMPANY, a Florida corporation
Witnesses as to CITY
CITY OF BOYNTON BEACH, a
municipal corporation of the
State of Florida
Title: __/"~_~'~
Attest:
Title:
Date:
RM:
~ 2
APr~ ....¥
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INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL
LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND
PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DU RING SUCH INDEMNITIES
In further consideration of the sums of money herein agreed to be paid to the
Contractor, the Contractor by execution and delivery hereof, agrees that it shall and
will at all times hereafter indemnify and save harmless the Florida East Coast Railway
Company from and against all judgments, and all loss, damages, costs, charges, and
expenses which it may suffer, sustain, or in anywise be subjected to on account of or
occasioned by the operations, whether or not negligent, of the Contractor, or any of
the subcontractors, or both, whether directly or indirectly under, or pursuant to, this
construction contract, up to the total sums of money, as follows:
A. On account of death, personal injuries, loss of income or earning ability
of any person, including without limitation upon the generality of the foregoing
description, employees and officers of Florida East Coast Railway Company,
employees and officers of materialmen, employees and officers of the Contractor,
employees and officers of all subcontractors, in the limits of $1,000,000.00 each
person injured or killed, and $2,000,000.00 each occurrence.
B. Loss, damage, injury and loss of use of any real or personal property
(a) in which Florida East Coast Railway Company has any ownership interest, and (b)
personal property in the custody of Florida East Coast Railway Company under any
transportation contracts; including without limitation upon the generality of the two
foregoing enumerations, all railroad equipment commonly described as rolling stock
and the contents of the same, all in the aggregate limit of $2,000,000.00.
C. Loss, injury, decline in market value or deterioration in quality of any
perishable merchandise in the custody of Florida East Coast Railway Company
occurring or originating during the first forty-eight (48) hours from, but excluding; the
first five (5) minutes any break in the continuity or other obstruction or passage of
trains, directly or indirectly arising from the Contractor's operations, upon said track
or tracks, as the case may be, of Florida East Coast Railway Company at or within
one hundred (100) feet of said location upon which the work is to be performed
hereunder, the improvement, renovation, or repair of which is the subject matter of
this construction contract, and also all expenses reasonably incurred by Florida East
Coast :Railway Company in and about the rerouting of its trains and cars to, via, and
from the lines of railroad of other railroad common carriers during the first forty-
eight (48) hours following any such break in the continuity of said track or tracks as
the case may be, of the Florida East Coast Railway Company at or within one hundred
(100) feet of said areas.
INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO
BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR
In further consideration of the sums of money herein specified to be paid to
Contractor, Contractor, at its cost and expense, shall obtain and keep in effect,
insurance policy or policies in the limits of $1,000,000.00 each person injured or killed
and $2,000,000.00 each occurrence and $1,000,000.00 property damage per' person
and $2,000,000.00 property damage each occurrence directly by Contractual Liability
Endorsement to Contractor's General Public Liability and Property Damage Insurance
Policies insuring Contractor against loss or damage to Contractor upon the
indemnities concurrently extended to the Florida East Coast Railway Company and
within the limits specified in this paragraph. Alternatively, Contractor my procure and
keep in effect during the life of this construction contract, as aforesaid, Railroad
Protective Liability Policies insuring Florida East Coast Railway Company directly as
insured against losses and damages but within the limits specified in this paragraph.
In addition to the above, Contractor shall, at its cost and expense, maintain a
Workman's Compensation Insurance Policy as available in the State of Florida.
All such insurance, directly or indirectly for the benefit of the Florida East Coast
Railway Company, shall be in a form satisfactory to its Manager of Insurance and
issued by a casualty company/insurance company authorized to do business in the
State of Florida that has a "Best's" rating of A or A+ and a financial category size of
Class Xil or higher.
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
ANNUAL MAINTENANCE COST EXCLUSIVE OF INSTAl I ATION
CLASS
I
III
IV
Flashing Signals - One Track
Flashing Signals - Multiple Tracks
Flashing Signals and Gates - One Track
Flashing Signals and Gates - Multiple Tracks
COST
$1,404.00
$1,858.00
$2,117.00
$2,657.00
AUTHORITY:
FLORIDA ADMINISTRATIVE RULE 014-46.02
Responsibility for the Cost of Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE:
July 1, 1991
GENERAL AUTHORITY: 20.05, F.S.
SPECIFIC LAW
IMPLEMENTED:.
338.21, F.S.
LICENSE AREA
A PARCEL OF LAND WITH UNIFORM WIDTH OF SIXTY SIX FEET (20.12M) NORTHERLY
AND SOUTHERLY AND EXTEMDING EASTERLY AND WESTERLY ACROSS THE RIGHT-
OF-WAY AND MAIN TRACK OF THE RAILWAY IN BOYNTON BEACH, FLORIDA, AND
WITH A LONGITUDAL CENTERLINE OF SAID PARCEL LOCATED 3505 FEET
SOUTHERLY FROM RAILWAYS MILEPOST 311, FROM JACKSONVILLE, FLORIDA, SAID
RIGHT-OF-WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF SEVENTY FIVE FEET
(22.86M)ON THE NORTH SIDE OF SAID CENTERLINE AND BEING TWENTY FIVE FEET
(7.62M) AND FIFTY FEET (15.24M) IN WIDTH ON THE EASTERLY AND WESTERLY
SIDES RESPECTIVELY OF THE CENTERLINE OF THE RAIl.WAYS MA~ TRACK AND
SAID RIGHT-OF-WAY OF THE: RAILWAT HAVING A TOTAL WIDTH OF: FIFTY FEET
CENTERLINE AND BEING TWENTY FIVE FEET
(7.62M) DF THE RAII~WAYS MAIN
TRACK AT THIS LO
ALI. AS SHOWN OUTLINE IN ORANGE ON THE ATTACHED DRAWING 01-D-188, DATED
JUNE 27, 1994, ATTACHED HERETO AND MADE A PART HEREOF
,O0'C~
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