80-DRESOLUTION NO. 80- ~)
Section 1. Be lit reso~ by ~he city Council of the
City of Eoynton Beach, Florida i~regular meeting assembled that
the Mayor of said~ity be, and she hereby is, 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 said City the right or license to
maintain, for the purpose of s (potable) water main,
install or
line of
pipe across the right of way and underneath the tracks of said
Railroad Company at or near Boynton Beach, Florids, as more
said agreement, which agreement is
copy of which s~reement is filed with
DAY OF February, 1980.
particularly described in
dated December 11, 1979, $
this City Council.
PASSED AND ADOPTED THIS
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
City Ci~
(Corporate Seal)
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APPROVED
Depa~rr~e~t
Florida 32205;
Direct Telephone Inquires to:
D. M. Nichols
(904) 384-1547
January 17, 1980
A-135~9
City I~anager
City of Boynton Beach
?~ O. BOx 310
Boynton Beach= Florida
33435
Dear Sir:
Reference application of the City of Bo~nton Beach to install a
16-inch ductile iron carrier pipe within a 29-inch steel casing ]Teneath
track right-of-way at a point 10520 feet south of ~ilepost gz-984,
BOynton Beach~ Florida~ for conveying potable water.
Your application is approved and the installation Will he per-
mitted as proposed at the entire expense of the City of Boynton Beach~
at s timecon~enient to our operations, in accordance w!th. AR~ specification&~
under the supervision and to thesatisfaction of our Di'visionEmgineer or
his representa~ive~ subsequent to the City or its cO~tractor submitting
certificate of construction insurance and subsequent also to the City ex-
ecuting the attached easement agreement dated December ii, 1979~ which stip-
ulates no monetary consideration.
Compliance with the construction insurance terms will require the
city or its contractor to submit a certificate of construction insurance
certifying to SCL insurance coveragein the amount of $1,000~000.00, as
outlined in Articles 7 (a) and (b) of the agreement. ~e certificate shot~Id
COntain notification provisions whereby the i~surance company agrees to
give thirty (30) days.unequivocal notice to the railroad of any change or
cancellation or_the policy° It should also make reference to the agreement
d~ted December 11~ 1979 between the railroad and the ~ity.
The agreement is prepared in duplicate and you should arrange for
execution of'both copies, kn the presence of two witnesses, end retur~ both
copies for our further handling. When the agreement has been fully executed,
the duplicate will he returned for the City's record.
Upon receipt of the executed agreement and the insurance certificate
we will be in position to give the matter further handling.
Yours very truly,
C. F..Chick
Superintenden~
Form 3530-Sheet 1
Revised Nov. 1979
RE-42t86
THIS AGREEMENT, Made this llth day of December, I979, by an~ betweem the
SEABOARD COAST LINE RAILROAD C~xipANy, a Virginia cprporation, hereinafter
referred to as Licensor, and the CITY OF BOYNTON BEACH, a municipal
corporation under the laws of the.State of Florida, hereiaafter styte4
Licensee,
WITNESSETR: That Licensor, for and in consideratiom of the sum of Due
Dollar to it in ha~d paid by Licensee, the receipt of which is hereby
acknowledged, and of the covenants and agreements hereinafter made and
contained on the part of the Licensee to be kept and performed, hereby grants
onto Licensee the right or license to install and maintain, for the purpose
of a (potable) water main,.a line of 16 inch ductile iron pipe acrosm the
right of way and under the tracks of Licensor at SW 23 Avenue, at a point
1,520 feet southwardly measured along the center line of the main track of
Licensor from.Milepost SX-984; as shown in GREEN on print of Licensee's
Drawing No. 626-68t-36-5, Sheet 1 of 1, dated Oct.- 79, and prepared by
Russell & Axon, attached hereto and made a part hereof; as also described in
Form 115, Licensee's Specifications for said line of pipe attached hereto and
made a part hereof; Licensor's right of way being as indicated on said print,
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee shall install and maintain said pipe at its expense in a
manner satisfactory to the Division Engineer of Licensor and so as not to
interfere with pi~ or other structures now in place. Im the event the said
pipe shall requir~ ~epair or renewal, Licensee shall make such repair or
renewal at its expense; and upon the failure of Licensee so to do, the said
Division Engineer of Licensor shall give written notice to Licensee, and upom
the failure of Licensee to make repair or renewal within thirty days after
such notice, Licensor may make all necessary repair Or renewal at the cost of
Licensee, which cost Licensee hereb~ agrees to pay on demand.
2.. Licensee shall install and maintain, above ground and in a manner
and at such locations as may be designated by said Engineer of Licensor,
markers to plainly-indicate the location, depth at which installed and
ownership of said pipe. Licensee will, at its expense, at any time, upon
thirty days' written notice given.by Licensor, change and alter the location
of said pipe to conform to any changes or improvements that may be made by
Licensor in its tracks or roadway at said location, o~ to permYt the
utilization of Licensor's right of way, or otherlands~ for the construction
of tracks, buildings or other structures~
3. Licensor shall not be responsible in any manner for loss of or
damage to said pipe and the contents thereof from any cause whatsoever; and
Licensee shall,and does hereby assume, and agrees to indemnify and hold
harmless the Licensor, its successors and assigns, from and against all loss,
costs, expenses, including attorneys' fees, claims, suits and judgments
whatsoever in connection with injury to or death of any person or persons or
loss of or damage to property caused by or in any way connected with the
installation, maintenance, use or presence of said pipe and sppurtenauces ou
said premises, howsoever caused.
4. Licensee will pay to Licensor, on bills rendered by Licensor, the
full amount of all costs and expenses which may be incurred by Licensor is
Form ~5~O-Shee~ 2
Revised t~ov. 1979
protecting its track or tracks and nmintaining traffic thereover hy driving
piling or by other means while said pipe is being placed thereunder~ or
during any repair, renewal, relocation or removal of. said pipe.
5. It is expressly understood and agreed that Licensee shall ~e
prohibited, incident to the installation andfor maintenance of said pipe on
Licensor's property, from using explosives of any type without the express
written consent of Licensor; in the event such consent is extended, a
representative will be assigned by Licensor td protect Licensor's interests
and Licensee, in addition to all other costs to be borne by Licensee as
herein set forth, shall reimburse Licensor for the entire cost and expense of
furnishing said representative.
6. In consideration for the right or license hereby granted. Licensee
hereby agrees that the Licensor shall not at any time or in any manner be
assessed with the cost or any part of the cost of the installation amd
maintenance of said pipe and appurtenances thereto on Licensor's property.
7(a). During the installation of said pipe, the Licensee shall furnish
(or require its contractor to furnish) the Licensor a Certificate of
Insurance showing that the Licensee'(or its contractor) carries liability
insurance applicable to the job in question (evidencing said applicability by
a contractual liability endorsement stating that the insurance is applicable
to the obligations assumed by the Licensee under the agreemi~_nt with Licensor)
in the amount of ~l,000~000.00 for all personal injuries, death, or property
damage, per occurrence arising during the policy period.
(b). The Licensee shall furnish certificanes of insurance evidencing
the above coverage and the formof the policy (or policies), the carrier and
the amount of the coverage Shall be subject 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 protect an~ indemmify the Licensor.
In addition, such insurance shall contain notification provisions,whereby the
insurance company agrees to give 30 days~ notice to the Licensor of any
change or cancellation of the policy. All of these endorsements an~ notice
provisions shall be stated on the certificate of insurance which is to be
provided to the Licensor. Provided, howevers.that n_o~twithstanding any of the
provisions of this agreement'with respec~ to znsurance] it is understoo4 and
agreed that the liability assumed by the Licensee shall not be limited to the
insurance coverage stipulated herein.
8~ The portion of said pipe under said ,t~rack and roadbed thereof shall
be encased by and at the expense of the Licensee in 30 inch-steel pipe
conduit and placed at a minimum depth of 66 inches below the base of rail of
said track, or not less than 36 inches below the bottom of Licensor's roadbed
ditches, or not less than 48 inches below ground surface - whichever depth
may be the lower - measurements being to the top of said conduit.
It is understood and agreed that this agreement shall hot be binding
until it has been authorized or' ratified by a proper ordinance or resolution
of the City Council of the City of Boynton Beach, Florida, a certified copy
of which ordinance or resolution is attached hereto and made a part hereof.
Form 3530-Sheet 3
Revised Nov. 1979
IN WITNESS WHEREOF the parties hereto have executed this agreement in
duplicate the day and year first above written.
Witnesses for~Licensor:
SEABOARD COAST LINg RAILROAD COMPANY-
Witnesses for Licensee:
By_
CITY OF BOYNTON BEACH, FLORIDA.
~ayor
Attest <SEAL)
Clerk
Form 3530-Sheet 4
Revised Nov..1979
Extracts from minnt~ of ~eeting of the City Coumeil of the City of
Boy. ton Beach, Florida, held on the day of 19
RESOLUTION
'~j~z~ Be .it resolved by the City Council of the City of Boymton Beach, Florida
in regular meeting assembled that the Mayor of said City be, a~d he hereby
is, authorized to enter into an agreement with the SEABOARD COAST LINE
RAILROAD COMPANY, and to sign same on behal~ of said City whereby said
Railroad Company grants unto said ~ity the right or license to install or
maintain, for the purpose of a (potable) water main, a line of pipe across
the right of way ~,nd underneath the tracks of said Railroad-Company at or
near Boynton Beach, Florida, as more particularly described in said
agreement, which agreement is dated December i1, 1979, a copy of which
agreement is filed with this City Council.
I certify the above to be'm
true
and
correct
copy.
Clerk
Foa~n 22!
,, Roy. Oct..,
APPROVED FOR SEABOARD COAST LINE RAILROAD COMPANY:
Superintendent.
Division
" $£ABOARD COAS'T LINE. RAILROAD
APPLICATION FOR PIPE LINE CROSSING UIVDEI~ PROPt~ETI~S AND TRACKS
Pisms for pi'opened installation stroll ~e subm/tted tu and meet the approval of ~e ~ ~pa~ ~e ~on
~n. Ma~ and ~atlom are ~ be h ~& ~cordanee * - -
ta~~ . ~h spe~iea, o~ of ~he Am~ ~way ' '
quired~ ~ileinPOSt,~s~dth.ofl and~°~d%2 of ~E~RiE~S°I ~ay,.. .l°ca~°n 0f adjacent s~c~es ~fec~ ~, ~d ~ ~o~a~on
~dat~o~, p~ ~Pipe~es. ~ open cu~g or ~e~g is n~, de~s
sheeting ~d meih~ of suppoSE tracks ~ ~g tu~el ~haI1 be
1. Co~t ~ame of AppH~L C~y nf ~o~on
2. Post Office Aa&e~ Bo~ 2]0: ~oynton 2earth, F]a, 33435 '
3. P~e~hip ~ N~e and I~h ~ Pa~e~, Wmen ~ Given and Summes ~fore ~age and pre~
4. ~ Inc~d, Name of ~ ~ ~ieh Inco~rated.
- - - (~eefion) from n~es~ ~. ~e Po~ SX 984
6. Nearest Railroad ~fio~ ~RO~n Roack
~-~:y ~ame . ,~ ~ ~V~ Fed-S~ ~o ....
8. Tempor~ track sup~ or ~p rapping required ( ) Yes ( X ) No ~ Des~ _
9~ W~e% poles, obstm~o~ ~ be r~ocated ( )' Yes (X ) Ho ~ Describe '"
I3. _P. IPE SPECIFICATIONS:
lV~aterlal
l~aterL~ Specific~'o_~s and Grade
Minimum Yield S~rea~h of Material PSI
Mill Test Pressure PSI
Inside Diameter
Wall Thickness
Outside Diameter
Type of Seam
Layin~ Lengths
Kind o~ Joints
To~ai L~ngth within p~ R/VJ
VENTS: Number-__2 --
SEALS: Both ends J]OD ~t42)n
BURy: Base of ~ to top of easing
BURY: (Not beneath tracks)
BURy: (Roadway ditches).
CATHoDIc PROTECTION: ( ) Yes
PROTECTIVE COA_TtlV, G: { X ) Yes
CARRIER PIPE- C~IAT~- PIPE
= Ductile .Iron
-4~SI A 2t_51-76 ~J~9~X~r- .d~ A
- ~ .~00.
-. 500~. _ ~ ~_.
- 17.4" ~ 20.0"
--.. Sozmlo~ We] ded
-- l~. ~ ~., ?0'
~NSI~ ~t _ll-7?
) No Kind_ B!tumin~u~
in.
in.
Type, Size and Spac~n~ of Insulators or Supports _ Wood blncki~3_
If appH~fon is approved, a~li~nt a~ees to relmbu~e the Nro~ for any cost
ins~llation, main~nance, ~d/or supe~sion necessi~d by ~is pipe llne i~ta~tion, and f~ez a~s ~ assume
all liabili~ for de.dents or injuries which a~se as a result of t~ ins~5on.
-- City Manager
Signature and Title of Officer Signing Applicaiion