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78-BBB RESOLUTION NO. BE IT RESOLVED BY THE BOY,TON BEACH, FLORIDA: to enter Company, 78. SSS CIT CO CIL OF OF That.the ~ayor and City Clerk be and they are authori into~an agreement with the Seaboard Coast,Line Railroad and to sign same on behalf'of said City Whereby said Railroad Company grants unto City the right or license to install and maintain, for the purpose of conducting sewage, a line of 20-inch pipe across the right-of-way and under tracks of said Railroad Company at Boynton Beach, Florida, as particularly described in said agreement, which agreement is dated August 25, 1978, a copy of which agreement is filed with the City Council. A copy of which agreement is attached hereto and made a part hereof. PASSED A/qD ADOPTED this /f day of i~ 1978. ATTEST: CITY OF BO1-NTON BEACH,, FLORIDA City Cl~ (Corp. Seal) Fern 3539 Rev. June, l~---Sheet I RE-39806 THIS AGREEIKE~NT. Made this 25th day of August .19 78 .by and between ~he SEABOARD COAST LL'qE RAILROAD COMPA1YY, hereinafter referred to as Licensor, and the CITY OF BOYNTON BEACH, a municipal corporation under the laws of the State of Florida , here~naftsr styled~ Licensee. WITNESSETH: Th~ Licensor, ~r and in consideration ~ the sum of One Dollar to ~ in baud paid by Licensee. ~e r~e~t ~ which is hereby acknowledge~ and of the covenants and ag~men~ herei~r made and conta~ed on ~e part of L~ensee ~ be kept and pe~ormed, h~reby grants uuto Licensee the ~ht or I~ ~ ~nst~l and maint~ for the purpose ~ conducting sewerage, a line of 20-inch ductile iron pipe across the right of way and underneath the tracks of Licensor, including Licensor's maim track, at or nea~ Boynton Beach, Florida, at a point 430 feat southwardty measured along the center line of said main track from Milepost SX-983; as shown in green un Licensee's print of Drawing Sheet 1 of I, last revised by Licensee July, 1978, and prepared b~ 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 rights of way being as indicated on said print. And Licensee hereby covenants and agrse~ in consideration thereof: 1. Licensee shall install and maintain said pipe at its expense in ~ manner satisfactory to ~he Division En2~- neer of Licenser and so as net to in~erfere with pipe or other structures now in place. In the event the said pipe shail require repair or renewal, Licensee shall ra~e 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 tu L~censee. and upon 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 hereby agrees to pay on demand. 2. Licensee shall ins~dl and maintain, above ground and in a manner and at such locations as may he designated by said Engmeer of Licensor, markers to pinin]y indicate the location, depth at which instai~ecl and ownership of said pipe. Licensee ~vill, a~ its expense, at any time, upon thirty days' written notice given hy Licensor. change and alter the location of said pipe to co.form to any changes or improvemexcts that m~y be made by Licensor in i~s ~racks or roadway at said location, or to permit the utilization of Licensor's right of way. or other lands, for the construction of tracks, buildings or other structures. Form Rev. Jun~. LqT$--Sheet 3. Licensor shall not be responsible in any manner for loss of er d~mage to said pipe and the contents thereof from any cause whatsoever; and Licensee shall and does hereby assmne, and agrees to indemnLfy and hold harm- less the Licensor, its successors and asslgns, from and against ail loss, costs, expenses, iaclu~ing attorneys' fees, claims, suits and judgments whatsosver 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 iastaI~ation, maintenance, use or prseen~ of said pipe and ~ppur~enances on said premises, howsoever caused. 4. Licensee will pay to Licensor, on b~lls rendered by Licenser, the full amoun~ of all costs and expenses which may be incurred Dy Licensor in protecting its track or tracks and maintaining tra~flc thereover by driving p'fling or by other means whRe said p pe is being placed thereunder, or dtzrlng any repair, renmwal, relocation or removal of said pipe. 5. It is expressly understood and agreed that Licensee shall be prohibited; inc~ant to the i~stsllation and/or maintenance of said p~pe on Licensor's property, f~rom u~ng explosives of any type ~hout the exl~ress'Wr~en con- sent of Licensor;, ~n ~he event such consent is extended, a representative will be assigned by Licensor to protect Licensor's interests and Licensse~ in addition to al~ c~her costs to be berne by Licensee as herein set forth, shah reimburse Licensor for the entire cost and expense of furnishing said representative~ 6. In consideration for the right or Hcense hereby granted, Licease~ hereby agrees tlmt the Licensor shall not at any time or in any nmnner Be assessed with the cost or any pur~ of the cost of the installation and maint.~nce of sa~d pipe and appurtenances thereto on Licensor's prnper~y. ?. The portion of said pipeline under said tracks and roadbed thereof shall be encased by and at the eXpense of the Licensee in 37-inch steel pipe conduit and placed at a minimum depth of 55 inches below the base of rail of said tracks, or not less than 36 inches below the bottom of Licensor's roadbed ditches~ or not less than 35 inches below ground surface - whichever depth may be the lower - measurements being ~o the top of said conduit. 8(a). During the installation of said pipeline the Licensee will~ if it is to perform the i~stallation, or if the Licensee is to have a comtrnctor perform the installation, require said contractor to, at its sole cost and expense, procure and keep in force Wo~kmen's Compensation and Employers~ Liability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, imcluding automobile coverage, providing for a limit of not less than $1,000,000o00 for all damage arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total limit of $1,000,000.00 for all damage arisimg out of bodily injuries to or death of two or more persons in any one occurrence, and regular Property Damage Liability Insurance, and Protective Property Damage Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000,000.00 for all damage arising out of injury to, damage or destruc- tion of property in any one occurrence. (b). The Licensee shall furnish certificates of insurance evidencing the above coverage and the form of the policy, the carrier and the amount of the cove=age shall be subject to the prior approval of the Licensor. Such insurance shall ~ontain 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 pro- tect and indemnify the Licensor. In addition, such insurance shall contain notifi- cation provisions whereby the insurance company agrees to give 30 days' notice ~o the Licensor of any change or cancellation of the policies. Ail of these endorse- ments and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. NOTE: The following changes were made in this agreement prior to execution thereof: Articles 7-8: Added. It is understood and a~rsed that th~s agreement shall not be Mn~g ~ it ~ ~n ~o~ or ~i~ ~ aP~p~-~r~on~he City Council of the City of Bottom B~ch, Florida , a c~ copy ~ w~h o~ or ~l~on ~ a~ he~ ~d ~ p~ of ~ ~ IN ~SS w~EOF the p~i~ h~ ha~ ~u~ ~ a~m~ ~ ~ ~ ~y ~ y~ f~t Witness for L~censor: SEABOARD COAST LI~ RAILI~AD CO~PANY (L.S.) Witne~e~ ~or Licensee: CITY OF BOifNTON BEACH. FLORIDA Cl~k (L.S.) (SEAL) F~n 35~ Rev. June. 197~Sheet 4 Extracts from minu~es of meeting of the held on the City Council of the City of Boymton Beach, Florida day of , 19 RESOLUTION Be it resolved by ihe City Council City of Boynton Beach, Florida . of the Mayor of said City L~ regular meeting assembt~l ~t t~ ~, ~d he ~by ~ au~o~z~ ~ e~r ~ an ~t w~h ~e S~BOARD ~A~ LI~E RAILROAD COMPS, and ~ sign ~me on ~h~ of s~d City w~ere~ said ~ilroad Company grants ~to said Ci~ the right or Iie~se to ~stalt and ~inta~, for the purpose of a sew~ ~, a line of pipe across the right of way and uuderneath the tracks of said Railroad Company at or near Boston. Beach, Florida, as m~re particutarly described in said agre~ent, which agreement is ~te~ August 25, 1978, a copy of whEch agreem~t is filed with this City Co~cil. I certify the above to be a true and c~rreet copy. Clerk F'ona 221 Oct.. 197~ APPROVED FOR SEABOARD COAST LINE RAILROAD COMPANY~ ,,.,~ ~'.,.. £~,PPROVED FORi~i: Mtmal~er -.. Real .Estate. t