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76-I RESOLUTION NO. 76- ~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AGREEMENTS~ WITH SEABOARD COAST LINE RAILROAD COMPANY. GRANTING SAID CITY PERMISSION AND LICENSE TO IN- STALL AND MAINTAIN, FOR THE PURPOSE OF CONDUCT- ING WATER, LINES OF PIPE ACROSS THE RIGHT OF WAY AND UNDERNEATH THE TRACK OF SAID RAILWAY. BE IT RES©LVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, as follows: Section 1: Thai the City of Boynton Beach, Florida, enter into attached Agreements with the Seaboard Coast Line Rift[road Company, a Florida corporation, wherein the said Railway grants unto said City the right or license to install and maintain, for the purpose of conducting water, lines of pipe across the right of way and underneath the main track of said Railroad Company at the points set forth in said Agreements. Section 2: That the Mayor '~nd the City Clerk of the City of Boynton Beach, Florida, be and they are hereby authorized to act for the City in entering into and executing the said Agreements with the Seaboard Coast Line Railroad Company. Section 3: This Resolution shah take effect immediately upon adoption. PASSED AND ADOPTED this ~ ~n~ CITY By day of March, A. D., 1976. tF BOYNTON BEACH, FLORIDA ATTEST: Clerk Council Member Member Cound~l 4Vfember Form 3530 Rev. June, 1973--Sheet 1 RE-35518 THIS AGREEMENT, Made this :' day of March ,19 7 6 , by and between the SEABOARD COAST LINE RAILROAD CO MPANY, hereinafter referred to as Licensor, and the CITY OF BOY'TON BEACH, a municipal corporation under the Laws of the State of Florida · hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of which is hereby acknowledged, and of ~ covenants and agreements hereinafter made and contained on the part of Licensee to be kept and performed, hereby ~rants unto Licensee the right or license to install and maintain, for the Purpose of conducting water, a line of 10-inch ductile iron pipe across the right of way and underneath the track or tracks of Licensor at or near Boynton Beach, Florida, at a point 1,370 feet southwardly measured along the center line of Licensor's main track from Milepost SX-983; as shown in green on print of Licensee's Drawing Sheet 1 of 1, last revised by Licensor October 24, 1975, attached hereto and made a part hereof; Licensor's right of way being as indicated on said print. And Licensee hereby covenants and agree~ in consideration thereof: 1. Licensee shall ir~s~all and maintain said pipe at its expense in a manner satisfactory to the Division Engi- neer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe shall require repair 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 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 demancL 2. Licensee shall install and main~in, above ground and in a manner and at such locations as may be designated by said ~E~o~ineer 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 ~o conform to any changes or improvements that may be made by Licensor in its tracks 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 ~5~0 Rev. June, 1973--Sheet 2 3. Licensor shall not be responsible in any manner for loss of or damage to said pipe and the conten~s thereof from any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold harm- tess 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 appurtenances on 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 in protecting its track or ~racks and maintaining traffic thereover by 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 be prohibited~ incident to the installation a~d/or maintenance of said pipe on Licensor's property, from using explosives of any type without the express writtsn con- sent of Licensor; in the event such consent is extended, a representative will be assigned by Licensor to 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 and maintenance of said pipe and appurtenances thereto on Licensor's property. 7. The portion of said pipeline under said tracks and roadbeds thereof shall be encased by and at the expense of the Licensee in a 20-inch steel pipe conduit and placed at a minimum depth of 66 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 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. 8(a): During the installation of said pipe the Licensee will, if it is to perform the installation, or if the Licensee is to have a contractor perform the installation, require said contractor to, at its sole cost and expense, procure and keep in force Workmen's Compensation and Employers' Liability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000,000.00 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 arising 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, dm~mge 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 coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liability endorsement whichwill 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 to the Licensor of any change or cancellation of the policies. All of these endorse- ments and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Form 3530 Rev. June, 1973--Shest 3 9. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the sum of Thirty Dollars ($30.00) to partially reimburse said Licensor for the costs of survey and other handling necessary to the making of this agreement. NOTE: The following changes were made in this agreement prior to execution thereof: Articles 7-9: Added. It is understood and agreed that tl~s agreement shall not be binding until it has been authorized or ratified by a proper ordinance or resolution of the City Council of the City of Boynton Beach, Florida , a certified copy of which ordinance or resolution is attached hereto and made par~ of this agreement~ IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witness for Licensor: SEABOARD COAST LINE RAILROAD COMPANY By_. £L.S.) Witnesses for APPROVED AS TO FORM AND CONTENT Ci~y Attorney ~- ~BOYNTON BEACH FLORIDA CITY ~" f ~ .......... -7-----, l~f~yor Clark (L.S.) Form 221 Rev. Oct., 1974 APPROVED FOR SEABOARD COA'ST LINE RAILROAD COMPANY: Manager- Real Estate. Superintendent. Division F_,~ gin e en PER /.LA. D,O. 7: R E C( (..ItRbl E Ig T~5 '" ./0.'.. A/SA V Y l.,v'OOL)$ /o/_A A/ ~SCA LE : /" ' ,.50' ~- S.C.L. R/A/ LINE R/~I LINE RIAl LIME/ 20" GTEEL ~LEEVE TRACK Z 7~'+ /0' OPEN CUr: ~ -' ~5EAL £'ACI-I END /,,/I TN Zloty - ,5 ~IR IA/K GROUT 20" G?£EL 6L£EV£ ,S.G.L. PERMIT APPLICATION CITY OF ~OYNTON ~EACN ~OYNrON DEACI4~ FLORIDA k ~ A PR Od. G~58 -ZI ,SI4. I O~ I Form ~0 Rev. June, 19?3--Sheet 4 Ex~act~ from minutes of m~et~g of the City Council of the City of Boynton Beach, Florida, held on ~e day of ? , 19 RE~OLUTION ~ tt resolved~ by the City Council of the City of Boyn~ton Be~ach, Florida ~ regular meeting ~1~ ~t ~e ~yor of said City ~, ~d he he.by k, au~o~z~ ~ en~r ~ ~ a~ent ~th ~ SEABOARD :COAST ~ R~RO~ COMPS, ~d ~ s~ sine on beh~ ~ ~d City .whereby said Railroad Company grants unto said City the righ~ or license to install ~d ~inta~, for the purpose of a~ water ~, a l~e of pipe across the right of way and Unde~eath the tracks of said ~ilroad Company at or near Boston Beach, FlOrida, as more particularly described ~ s~id agre~ent, which agreement is dated December 1, 1975, a copy of which agreement is filed ~th this City Council.'~ I ~ th~ above to be a true and correct copy. ~erk Form 3530 Rev. June, 1973--Sheet 1 RE-35818 THIS AGREEMENT, Made this . - day of Mar ch" ,19 7 6 , by and between the SEABOARD COAST LINE RAILROAD CO MPANY, hereinafter referred to as Licensor, and the CITY OF BOYNTON BEACH, a municipal corporation under the Laws of the State of Florida · hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid By Licensee, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and contained on the part of Licensee to be kept and performed, hereby gr~nts unto Licensee the right or license to install and maintain, for the purpose of conduct~ water, a line of 10-inch ductile iron pipe across the right of way and underneath the track or tracks of ~icensor at or near Boynton Beach, Florida, at a point 1,370 feet southwardly measured along the center line of Licensor's main track from Milepost SX-983; as shown in green on print of Licensee's Drawin~ Sheet 1 of l, last revised by Licensor October 24, 1975, attached hereto and made a part hereof; Licensor's ri§hr 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 Engi- neer of Licensor and so as not to interfere with pipe or other struct-ares now in place. In the event the said pipe shall require repair 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 upon the failure of Licensee to make repair or renewal within thirty days after such notice, Licensor may make ail necessary repair or renewal at the cost of Licensee, which cost Licensee hereby agrees to pay on demanch 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, 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. June, 19?3--Sheet 2 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 harm- less the Licensor, its successors and assigns, from and against all loss, costs, expe.nses, 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 proper~y caused by or in any way connected with the installation, maintenance, use or presence of said pipe and appurtenances on said premises, howsoever caused. 4. Licensee will pay to Lieensor, on bills rendered by Licensor, the full amount of all costs and expenses which may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling or by other means while said pipe is be'rog placed thereunder, or during any repair, renewal, relocation or removal of said pipe. 5. It is expressly understood and agreed that Licensee shall be prohibited, incident to the insh~llation and/or maintenance of said pipe on Licensor's property, from using explosives of any type without the express written con- sent of Licensor; in the event such consent is extended, a representative will be assigned by Licensor to pre~ect Licensor's interests and Licensee, in addition to all other costs to be borne 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 license hereby grant, d, Licensee hereby agrees that the Licensor shall not at any time or in any manner be assessed with the cost or any par~ of the cost of the installation and maintenance of said pipe and appurtenances thereto on Licensor's property. 7. The portion of sa~t pipeline under said tracks and roadbeds thereof shaX1 be encased by and at the expense of the Licensee in a 20-inch steel pipe conduit and placed at a minimum depth of 66 inches below the base of re/1 of ss/d tracks, or not less than 36 inches below the bottom of L~censor~s roadbed d~tches~ or not less than 36 inches below ground surface - which~er depth may be the lower - measurements being to the top of sa~d conduit. 8(a): During the installation of said pipe the Licensee will, if it is to perform the installation, or if the Licensee is to have a contractor perform the installation, require said contractor to~ at its sole cost and expense, procure and keep in force Workmen~s Compensation and Employers~ L~ability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000,000.00 for all damage ar~sin~ out of bodily ~nJuries to or death of one person, and subject to that li~t for each person~ a total lt~t of $1,000,000.00 for all dmge arisint out of bodily injuries to or death of t~o or ~re persons in any one occurr~mce, and retular Property D~ge Liability Insurance~ ~d 2roteative ~roperty Da~mge Li~btlity Insurance, i~cluding automobile coverage, providi~ for a li~t of not less than $1~000,000.00 for all damage arising out of inJus-y to, t~ge or dest~c- tton 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 coveraae shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liability endorsement wb/ch will cover the obligations assumed ~_~_4,er this agreement and such other endorsement or endorsements as, in the op/m/on of counsel for the Licensor, may be necessary or advisable to fully pro- teat and ind~ _mn_ify the Licensor. In addition, such insurance shall contain notifi- cation provisions whereby the insurance company agrees to give 30 days' notice to the Licensor of any change or cancellation of the poi/ties. All of these endorse- merits and notice provisions shall be s~ated on the certificate of insurance which is to be provided to the Licensor. Form 8550 Rev. June, 1973--Sheet 3 9. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the sum of Thirty Dollars ($30.00) to partially reimburse said Licensor for the costs of surVey an d other handling necessary to thanking of this agreement. NOTE: The following chan~es were made in this agreement prior to execution thereof: Articles 7-9: Added. It is understood and agreed that this agreement skall not be binding until it Ms been authorized or ra//fied by a properorai~ance or resolution oft he City Council of the City of Boynton Beach, Florida , a certified copy of which ordinance or resolution is attached :hereto and made part of this aEreement. nq WITNESS WHEREOF the par~ies hereto have executed this agreement in duplicate the day and year first above w Hr'fen. Witness for Licensor: SEABOARD COAST LINE P~ILROA.D COMPANY A~ROVED AS TO FORM AND CONTENT Ci~Attorney "_~/.~._'. A~S PER I-LA. ,0.0,7: d',4 C IK ,/. /:J O R E /V£AVY /WOODS ~CAL£ : I"-' ,5O' ,., S.C.L. ,R/IV' LINE ,3,:30 ' ~: 86' ,' 20" 6TEE L ,5 L ,E E V E ,95 ~. R/A/ L/NE --"x :,! Z 7.~' + -I /0' Of°ER CUT ~ ." £>,lrO ~7/T~ I J A/oN- ,5t-IRIAIK J J. ouT' t .t' : F. E-. LAWS, Division Engineer, ,SEC T/ON A- A A/O T 'TO ~ C A L ~ 1,5~ - 24 ~ 8.(3.I_.. /°~RhlIT ,4PPLICATIOI'J CITY OF ~OYtVTON tD(::ACN ,OO Y/V TO N .O~'ACH~ FLORIDA Fe ( A PROd. ~858-21 ~i4. i OF' I Form Rev. June, 19?~---Sheet : City Counc:Lt of the City. of Bo~ynton Beach', Florida, Extracts from minutes of meeting of the hie. Id on the day of ? , 19 .. City Council each' Florida. RESOLUTION regular meeting o! the In assembled that the be, and he hereby ia, authorized to enter into fUl~ement with t~e SEABOi~t'O~~Cl~i~l~q/~~~%8~~~~/h~llicense tO ~i ~d ~ta~, for t~ r~ose of a water ~, a l~e of pipe across ~e right' .of way ~ u~e~th the tracks of said hilroad Co.any at or n~r ' ~ton B~ch. Florida, as ~re parttc~arly described ~ s~d agre~t, which agre~nt is ,dat~ Dec. er 1. 1975~ a co~ of which agre~ht is filed ~th this City Co.oil. I certify the above to be a true and correct ~p~. Form ~530 Rev. June, 1973---Sheet 1 ,: RE-35820 THIS AGREEMENT, Made this day of March ,~ 76 ,byand between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and the FloridaCITY OF BOYNTON BEACH, a municipal corporation under the Laws of the State of , hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Donar to it in hand paid by Licensee, the receipt of which is hereby acknowledged, and of the covenants, and agreements hereinafter· made and contained on the par~ of Licensee to be kept and performed, hereby grants unto Licensee the right or license to install and maintain, for the purpose of conducting water, a line of 16-~uch ductile iron pipe across the right of way and undernea~th the tracks of Licensor at or near Boynton Beach, Florida, at a point 1,537 feet southwestwardly measured along the center line of Licensor's main track from Milepost SX-984; as shown.in green on print of Licensee's Drawing Sheet 1 of 1, last revised by Licensor October 28, 1975, 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 shah install and maintain said pipe at its expense in a manner satisfactory to the Division Engi- neer of Licensor and so as not to interfere with pipe or other structures now in place. In .the event the said pipe ~b~H require repair 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 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. ~ 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, or to permit the utilization of Licensor's right of way, or other lands, for the construction of tracks, buildings or other structures. Form ~0 Rev. June, 19?3--Sheet 2 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 shah and does hereby assume, and agrees to indemnify and hold harm- less the Licensor, its successors and assigns, from and against an 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 appurtenances on said pren~ses, howsoever caused. 4. Licensee win pay to Licensor, on bills rendered by Licensor, the full amount of all costs and expenses which may be incurred by Licensor in protecting its track or tracks and maln~aining traffic thereover By 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 be prohibited, incident to the installation and/or maintenance of said pipe on Licensor's property, from using explosives of any type without the express written con- sent of Licensor; in the event such consent is extended, a representative will be assigned by Licensor to 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 %he 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 and maintenance of said pipe and appurtenances thereto on Licensor's property. 7. The portion of said pipeline under said tracks and roadbeds thereof shall be encased by and at the expense of the Licensee in a 30-inch steel pipe conduit and placed at a minimum depthof 66 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 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. 8(a): During the installation of said pipe the Licensee will, if it is to perform the installation, or if the Licensee is to have a contractor perform the installation, require said contractor'to, at its sole cost and expense, procure and keep in force Workmen's Compensation and Employers' Liability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000,000.00 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 arising 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 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 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 to the Licensor of any change or cancellation of the policies. All of these endorse- ments and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Form 8580 Rev. June, 1973--Sheet $ 9. Licensee agrees to pay to Licensor, in addition to ,all other considerations mentioned'herein, the sum of Thirty Dollars ($30.00) to partially reimburse said Licensor for the costs of survey and other handling necessary to the making of this agreement. NOTE' The following changes were made in this agreement prior to execution thereof: Articles 7-9: Added. It is understood and agreed that this agreement shall not be binding unta~ it has been authorized or ratified by a proper ordinance er 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 part of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witness for Licensor: SEABOARD COAST LINE RAILROAD COMPANY (L.S.) APPROVED AS TO FORM AND CONTENT Ci~J~ Attorney k.~ BEACH, (L.S.) Mayor Clerk' Form 221 Bev. Oct., 1974 APPROVED FOR SEABOARD COAST LINE RAILROAD COMPANY: La,~D~partment. Manager- Real Estate.~'~ Superintendent. Divlsi on E~g/neer. A TEL. CO/VD.'-' OF /OL A A/ hE; '/o0' ,,R/Al 6.¢.L. R/Al L/NE--.-.. 6L&EVE 44' 6EAL EACN ENID i..,117:.!4. A/OAf -,SHRINK GIR OU F E. £. LAWS, Division Engineer- ,(~,,,~ z,× ..cc z /o/.~-/7_,,- ,S.&L. PE, e. IdlT /PPLICATtOAI C/TY' OF ,~OYNFOt,,f Z~ACI4 ~OYiVT-Ol, z' ~.AC, N~ FLOi~IDA R ~' A PROd. Fo~5,B -2.1 ,SAi / OF ! Form 3530 Rev. June, 1973--Sheet 4 Extracts from minutes of meeting of the City Council of the City of Boynton Beach, Florida, held on the day of , 19 . RESOLUTION Be ~t resolved by the City Council of the City of Boynton Beach, Florida, in regular meeting assembled that the Mayor of said City be, and he hereby is, author~ed to enter into an agreement ~th 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 install and maintain, for the purpose of conducting water, a line of pipe across the right of way and 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 2,. 1975, a copy of which agreement is filed with this City Council. I certify the above to be a true and correct copy. Clerk Form 3530 Rev. June, 1973---Sheet 1 RE-35820 THIS AGREEMEN~ Made this ~' day ~ March ~ ,x~:.76 ,byand between the SEABOARD COAST LINE RAILROAD COMPAHY, herein~terrefe~edtoasLicensor, andthe CITY OF BOYRTON BEACH, a municipal corporation under the-Laws of the State of Florida , herein~ter s~led Licensee, WITNESSETH: Th~ Licensor, for and in consideration ~ Ge sum of One DoH~ ~ ~ in hand p~d by L~nsee, the receipt ~ which is he.by acknowledged, and of the covenants and agreemen~ herinafter made and con~ined on the pa~ ~ Licensee ~ be kept and pe~ormed, he.by g~an~ un~ License the ~ght or Hcense ~ gnaSH and nmin~in, for thepurposeof conducting water, a line of 16-inch ductile iron pipe across the right of way and underneath the tracks of Licensor at or near Boynton Beach, Florida, at a point 1,537 feet southwes~wardly measured along the center line of Licensor*s main track from Milepost SX-984; as shown in green on print of Licensee*s Drawiu§ Sheet i of 1~ last revised by Licensor October 28~ 1975~ attached hereto andmade 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 shah install and maintain said pipe at its expense in a manner satisfactory to the Division Engi- neer of Licensor and so as not to interfere with pipe or ether structures now in place. In the event the said pipe shall require repair 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 wriVcen notice to Licensee, and upon the ~ailure of Licensee to make repair or renewal within thirt~ 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 deman~h 2. Licensee shah 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 ~vhich installed and ownership of said pipe. Licensee will, at its expense, at any time, upon thirty days' wriVcen 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, or to permit the utilization of Licensor's right of way, or other lands, for. the construction of tracks, buildings or other structures. Form 8580 Rev. June, 197g--Sheet 2 3. Licensor shall not be responsible 'in any manner ~or loss o~ or damage to said pipe and the contents thereo~ ~rom any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold harm- less the Licensor, its successors and assigns, ~rom and against all loss, costs, expert, es, including attorneys' ~ee~, claims, suits and judgments whatsoever in connection with injury to or death o~ any person or persons or loss o~ or damage to property caused by or in any way connected with the installation, maintenance, use or presence of said pipe and appurtenances on said premises, howsoever cause& 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 in pro~ecting its track or tracks and maintaining traffic thereover by 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 understeod and agreed that Licensee shall be prohibited, incident to the installation and/or maintenance of said pipe on Licer--~or's property, from using explosives of any type without the-express written con- sent of Licensor; in the event such consent is extended, a representative will be assigned by Licensor to protect Licensor's interests and Licensee, in addition to all other costs to be borne by Licensee as herein set forth, siren 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 and maintenance of said pipe and appurtenanees thereto on Licensor's property. 7. ~ne portion of said pipeline under said tracks and roadbeds thereof shall be encased by and at the expense of the Licensee in a 30-inch steel pipe conduit and placed at a mind, mm depth of 66 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 36 inches below ground surface - whichevex depth may be the lower - measurements being to ~he top of said conduit. 8(a): During the installation of said pipe the Licensee will, ii it is to perform the installation, or if the Licensee is to have a contractor perform the installation, require said contractor to, at its sole cost and expense, procure and keep in force Workmen's Compensation and Employers' Liability InsUrance, and Public Liability Insurance and Protective Public Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000,000.00 for all damage arising out of bodily injuries ~o or death of one person, and subJec~ =o =hat limit for each person, a total limit of $1,000,000.00 for all damage arising 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 ~han $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 coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liability endorsement which will cover ~he obligations asmxmed under this agreement and Such o~her endorsement or endorsements as, in the opine_on 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 Eive 30 days' notice to ~he Licensor of any change or cancellation of the policies. All of these endorse- ments and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Form 3580 Rev. June, 1973--Sheet 3 9. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the sum of Thirty Dollars ($30.00) to partially reimburse said Licensor for the costs of survey and ocher handling necessary to the making of this agreement. NOTE: The fo110winE cba~ges were made in this agreement prior to execution thereof: A~ticles 7-9: Added. It is understood and agreed that this agreement shall not 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 cert~ied copy of ~nich ordinance or resolution ~ attached hereto and made part of this agreemenK IN WITNESS WHEREOF the parties hereto have executed this agreement in dupHcato the day and year first above written. Witness for Licensor: SEABOARD COAST LINE RAILROAD COMPANY .O..s.) Witnesses for License~: ~ :. CITY ,., // ! .// / ':/ APPROVED AS TO FORM AND CONTENT BEACH, Mayor Cl~rk (L. S. ) ttorney dI~AI~! I_1~!-I1- A COflD.~: P L ,41V dCALE: /";,50' OF ,,'-,IC.L. R/IV LItV£ 6. C.L. '/00' R/A/ R/N L/HE---. 6~' " ~0" ,S?EEL ,SLE.£VE t/ACK ¢ i~OR~ /0' - Z "V£flT 45' //' 44' ~: ;t: 1I~' ] P R 0 V E D: ~EC~/O~ A-A ~ ~~ ~OT TO 6CALE LAWS, Division Ensineer - -6EAL EACbi EArl3 AION - StiRINK GROUT' 6 &&h. PERHIT APPLICATIOAI CITY' OF ~OYNTOLI .8~ACI4 80)/AI7-OA/ 8~ACt4~ FLORIDA R Y A PROd. ~858 -ZI SlV / OF I Form 3530 Rev. June, 19?3--Sheet 4 Extracts from minutes of meetlngofthe City Council of the C~.ty of Boynton Beach, Florida, held on the day of , 19 RESOLUTION Be it resolved by the Cil:y Council of the City of Boynton Beach, Florida, in reg~llar meetin~ ~s~bl~ that the ~yo~ O[ S~d C~y ~, and he hereby ~, author~ed ~ en~r into an agreement ~th the SEABOARD COAST LINE RAILROAD COMPANY, and ~ sign same on behaM of said City wh~ said ~ilroad Co.any ~r~ts unto said City the right or lice~e to inst~l ~d ~t~, for the pu~ose of conduct~g water, a l~e of pipe across ~e right of way ~ ~dem~th the tracks of said ~tlroad C~any at or n~r Boston B~ch, Flo~da; as ~re pa~ticularly described ~ s~d agre~en~, ~ich agre~ent ts dat~ Dea~ber 2, 1975, a copy of which agre~t is filed ~Ch this City Council. I certify the above to be a true and correct copy. ~erk Form 6530 Rev. June, 197~--Sheet 1 RE-35821 THIS AGREEMENT, Made this day of March ,19 7 6 , by and between the SEABOARD COAST LINE RAILROAD CO MPANY, hereinafter referred to as Licensor, and the CITY OF BOYNTON BEACH, a municipal corporation under the Laws of the State of Florida · hereinafter s~yled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to ~t in hand paid by Licensee, the receipt of which is hereby acknowledged, and of the covenants and agreements herelnaf~er made and contained on the part of Licensee to be kept' and performed, hereby ~rants unto Licensee the right or license to install and maintain, for the purpose of conducting water, a line of 16-inch ductile iron pipe across the right of way and underneath the main track of Licensor at or near Boynton Beach, Florida, at a point 1,011 feet northwardly measured along the center line of said main track from Milepost SX-981; as shown in green on print of Licensee's Drawing Sheet I of 1, revised by Licensor October 24, 1975, attached hereto and made a part hereof; Licensor's right of way being as indicated on said print. And Licensee hereby covenants m~d agrees in cormideration thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner sa~sfactory to the Division Engi- neer of Licensor and so as not to interfere with pipe or other stTuctures now in place. In the event the said pipe shall require repair 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 Li.'censee~ and upon the failure of Licensee to make repair or renewal within thlr~y 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 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, or to permit the utu'Hzation of Licensor's right of way, or other lands, for the construction of tracks, buildings or other structure~ Form 3530 trey. June, 19?3---Sheet 2 3. Licensor shall not be responsible in any manner for loss of or damage to said pipe and ~e contents thereof from any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold harm° less the Licensor, its successors and assigns, from and against all loss, costs, expe.nses, including attorneys' fees, ela~ms~ suits and judgments whatsoever in connection with injury to or de~th of any person or persons or loss of or damage te proper~y caused by or in any way connected with the installation, maintenance, use or presence of said pipe and appurtenances on 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 in protecting its track or tracks and maintaining traf~c thereover by dr~vlng piling or by other means wh~le said pipe is being placed thereunder, or during any repair, renewal, relocation or removal of said piI~ 6. It is expressly understood and agreed that I~censee shall be proh~ited, incident to the installation and/or maintenance of said pipe on Licensor's property,~from using explosives of any type without the express ~vrltten con- sent of Licensor; in the event such consent is extended, a representative will be assigned By Licensor to protect Licensor's interests and Licensee, in addition to ail other costs to be borne by Licensee ~s herein set forth, shall reimburse Licensor for the entire cost und expense of furnishing said represen~atlve. 6. In consideration for the right or license hereby grantm~t, Licensee hereby agrees that the Licensor sha~ not at any time or in any manner he assessed with the cost or any part of the cost of the installation and maintenance of s~id pipe and appurtenances thereto on Licensor's property. 7. The portion of said pipeline under said track and roadbed thereof shall be encased by and at the expense of the Licensee in a 30-inch steel pipe conduit and placed at a minim~rm 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 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. 8(a): During the installation of said pipe the Licensee will, if it is to perform the installation, or if the Licensee is to have a contractor perform the installation, require said contractor to, at its sole cost and expense, procure and keep in force Workmen's Compensation and Employers' Liability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000,000.00 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 dm~mge arising 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 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 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 to the Licensor of any change or cancellation of the policies. All of these endorse- ments and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Form 3530 Rev. June, 1973--Sheet 3 9. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the sum of Thirty Dollars ($30.00) to partially reimburse said Licensor for the costs of survey and other handling necessary to the making of this agreement. NOTE: The following changes were made in this agreement prior to execution thereof: Articles 7-9: Added. It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by a proper orddnance 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 part of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witness for Licensor: SEABOARD COAST LINE RAILROAD COMPANY (L.S.) Witn~es for : ,Q CITY QF~BOYNTON BEACH, FLORIDA APPROVED AS TO FORM AND CONTENT Y Form 221 Rev. Oct., 1974 APPROVED FOR SEABOARD COAST LINE RAILROAD coMPANY: La~w Department. ! / Manager- Real Estate.w- Superintendent. Division ~_dl gin eer. APPROVED: E. S. LAWS, 'Division Engineer I FL,,4. tO.O. ~: tR£OUIRPI£N, ,¢. c ~. /e/iv c/,,v'E -...., /oo' ,,e/z; ._40'- 0" 15'-0" S~A& =r/lO/-; ~/v'O IV~TI~ /VOT TO SCALE l~Ri'v~ / T' 80 YAI TON BEACH, FLORIDI ~ ~ 5<~ - ~I I Form 3530 Rev. June, 19?3--Sheet 4 Extracts from minutes of meeting oft he City Council of the City of Boynton Beach, Florida, held on the day of , 19 RESOLUTION Be it resolved by the City Council of the City of Boynton Beach, Florida, 'in regular meeting assembled that the Mayor of said City be, and he hereby is, authorized to enter into an agreement ~vlth 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 install and maintain, for the purpose of a water main, a line of pipe across the right of way and underneath the main track of said Railroad Company at or near Boynton Beach, Florida, as particularly described in said agreement, which agree- ment is dated December 2, 1975., a copy of which agreement is filed with this City Council. I certify the above to be a true and correct copy. Clerk Form 3530 F~. June, 19?3--Sheet 1 ,; Ag-35821 THIS AGREEMENT, Made this - day of March ,19 7,6 , by and between the SEABOARD COAST LINE RAILROAD COMI~ANy, hereinafter referred to as Licensor, and the CITY OF BOYNTON BEACH, a municipal corporation under the Laws of the State of Florida , hereinafter styled'Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and contained on the part of Licensee to be kept and perfo~rmed, hereby ~rants unto Licensee the right or license to install and maintain, for the purpose of conducting water, a line of 16-inch ductile iron pipe across ~he right of way and underneath the main track of Licensor at or near Boynton Beach, Florida, at a point 1,011 feet northwardly measured along the center line of said main track from Milepost SX-981; as shown in green on print of Licensee's Drawing Sheet 1 of 1, revised by Licensor October 24, 1975, 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 Engi- neer of Licensor. and so as not to interfere with pipe or other structures now in place. In the event the said pipe snail require repair 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 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, ~vhich cost Licensee hereby agrees to pay on demand~ P~ 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 ~ 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, or to permit the utilization of Licensor's right of way, or other lands, for the construction of tracks, buildings or other structure~ Form Rev. June, 19?3--Sheet 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 harm- less the Licensor, its successors and assigns, from and against all loss, costs, expe. nses, 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 instaIlation~ maintenance, use or presence of said pipe and appurtenances on 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 in protecting its %rack or tracks and maintaining traffic %hereover by driving piling, or by other means whl]e said pipe is being placed thereunder, or during any repair, renewal, reloca//on or removal of said pipe. 5. It is expressly understood and agreed that Licensee .shall be prohibited, incident to the installation and/or maintenance of said pipe on Licensor's property, from us/ng explosives of any ~ without the express written con- sent of L/censor; in the event such consent is ex~nded, a representative w/il be assigned by Licensor to protect Licensor's interests and Licensee, in addition to all other costs to be berne by Licensee as herein set forth, shall reimburse Licensor for the entire cost and expense of furnishing said representative. 6. In considerat/on for %he 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 and maintenance of said pipe and appurtenances thereto on Licensor's property. 7. The portion of said pipeline under said track and roadbed thereof shall be encased by and at the expense of the Licensee in a 30-inch steel pipe conduit and placed at a mi~imumdepth 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 36 inches be/ow ground surface - whichever depth may be the lower - measurements being to the top of said conduit. 8(a): During the installation of said pipe the'Licenseewill, if it is to perform the installation, or if the Licensee is to have a contractor perform the installation, require said contractor to, at its sole cost and expense, procure and keep in force Workmen's Compensation and Employers' Liability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000,000.00 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 arising 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 D~m~ge Liability Insurance, including automobile covera§e, providing for a limit of not less than $1,000,000.00 for all dsmage 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 coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liability endorsement which will cover the obligations assu~ed 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 to the Licensor of any change or cancellation of the policies. All of these endorse- ments and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Form 3530 Rev. June, 1973---Sheet 3 9. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the sum of Thirty Dollars ($30.00) to pa~tially reimburse said Licensor for the costs of survey and other handling necessary to the making of this agreement. NOTE: The following changes were made in Chis agreement prior to execution thereof: A~cicles 7-9: Added. It is understood and agreed that this agreement shall not 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 part of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above writte~ Witness for Licensor: SEA_BOARD COAST LINE RAILROAD COMPANY (L.S.) itnes.~'for Licensee :~-~-~' ' TO-~ORM AND CONTENT Cit~ttorney BEACH, FLORIDA (L. $. ) (s~) FLA. D.O. T REOL/IRH£N ~., I "70' x ,90" ST(.. ~ 60'- 0" 15'- 0" 35'-0" /0' O P ~A/ cur .I°ROP 16" D.i.P. WAT£tP I/IA tN ,S~ CT/ON /-A NOT TO $'Cma6 CITY OF' ,~SO YA/TON ~FO YAI TOAZ ~8E/4 CtZ~ FL ORID~ ,91/. ! OF' ! Form 3530 Rev. June, 1973--~heet 4 Extracts from minutes of meeting of the City Council of the City of Boynton Beach, Florida, held on the day of , 19 RESOLUTION Be it resolved by the City Council of the City of Boynton Beach, Florida, i~ regular meeting assembled that the Hayor of said City be, and he 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 F~rants unto said City the right or license to install and mintain, for the purpose of a water main, a line of pipe across the riEht of way and underneath the main track of said Railroad Company at or near Boynton BeaCh, Florida, as particularly described in said a§reement, which agree- ment is dated December 2, 1975, a copy of which agreement is filed with this City Council. I certify the above to be a true and correct copy. Clerk Form 3530 Rev. June, 1973--Sheet 1 ,: RE-35811 THIS AGREEM~Ti Made this. ~y ~ March ,19 76 , by and ~tween the SEABOARD COAST LINE RAILROAD COMPANY, ~rein~ter refe~ to as Licensor, and the CITY OF BOYNTON BEACH, a municipal corporation under the Laws of the State of Florida · hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of which is hereby acknowledged, rand of the covenants and ~greements hereinafter made and contained on the part of Licensee to be kept and performed, hereby gr~nts unto Licensee ~he right or license to install and maintain, for the purposeof conducting water, a line of 12-inch ductile iron pipe across the right of way and underneath the main track of Licensor .at Bo~ynton Beach, Florida-, at a point 211 feet southward!y measured along the center line of said main track from Milepost SX-980; as shown in green on print of Licensee's Drawing Sheet 1 of 1 revised by Licensor October 24, 1975, attached hereto and made a part hereof; ' Licensor's right of way being as indicated on said~print. And Licensee hereby covenants and agree~ in consideration thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Division Engi- neer of Licensor and so as not to interfere with pipe or other stmuctures now in place. In the event the said pipe shall req~ulre repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the !ailure of Licensee so to do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of Licensee to make repair or renewal within thirtaz 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 demancL 2. Licensee shah install and maintain, above ground and in a m-n~er and at such locations as may be designated by said Engineer of Licensor, markers to plainly indicate the locati0~ depth a~ WHich inS~lled and ownership of said pipe~ Licensee will, at its expense, at any time, upon thirty days' writ~en notice given by Licensor, change and alter the location of said pipe to conform to any changes or improvements that may be mad~ by Licensor in its tracks or roadway at said location, or to permit the utilization' of Licensor's i~ight Of way, or o~her lands, for the construction of tracks, buildings or other structures. ~ ~ Form 35~0 ~ ~ Rev. June, 19?3--Sheet 2 -A 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 indemni/y and hold harm- less the Licensor, its successors and assigns, from and against all loss, costs, expenses, including aVwrneys' 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 appurtenances on said premises, howsoever cause& 4. Licensee ~ll pay to Licensor, on hills rendered by Licensor, the ~ull amount of all costs and expenses which may be incurred by Licensor in protecting its ~ack or tracks and maintaining traffic thereover by drlving piling or by other means while said pipe iS being placed thereunder, or during any repa/r, renewal, relocation or removal of said pipe 5. It is expressly understood and agreed that Licensee-shall be prohibited, incident to the installation and]or maintenance of said pipe on Licensor's property, from using explosives of any type without the express written con- sent of Licensor; in the event such consent is ex~ended, a representative will be assigned by Licensor to 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 and maintenance of said pipe and appurtenances thereto on Licensor's property. 7. The portion of said pipeline under said track and roadbed thereof shall be encased by and at the expense of the Licemsee in a 22-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 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. 8(a): During the installation of said pipe the Licensee will, if it is to perform the installation, or if the Licensee is to have a contractor perform the installation, require said contractor to, at its sole cost and expense, procure and keep in force Workmen's Compensation and Employers' Liability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000,000.00 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 arising 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 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 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 to the Licensor of any change or cancellation of the policies. All of these endorse- ments and notice provisions shall be stated om the certificate of insurance which is to be provided to the Licensor. Form 8530 Rev. June, 1973--Sheet 3 9. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the sum of Thirty Dollars ($30.00) to partially reimburse said Licensor for the costs of survey and other handling necessary to the making of this agreement. NOTE: The following changes were made in this agreement prior to executiom thereof: Articles 7-9: Added. It is unders%ood and agreed ~hat this agreement shall not be binding until it has been authorized or rafifled by a properordinanceor resolution of the City Council of the City of Boymton Beach, Florida, · a certified copy of which ordinance or resolution is attached hereto and made part of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witness for Licensor: SEABOARD COAST LINE RAILROAD COMPANY By ..... (L.S .) Witnesses for Lice ~nsee.~ CITY AP~_i~OVED AS TO FORM AND CONTENT City Attorney' BOYNTON BEACH~FLORIDA Clerk .£L.S.) (SE~) Form 221 Rev. Oct., 1974 APPROVED FOR SEABOARD COAST LINE RAILROAD coMPANY: As to L~w Departmen£ Manager - Real Estate. Superintendent. .i Di vi si on En ~,/n e er. SC,~L.E': 1% SO' APPROVED: E.S. S, Division Engineer ~ ' Form · Rev. June, 1973--Sheet Extract~ from minutes of meet~gofthe 'City Council of the City of Boynton Beach, Florida, held on the day of , 19 RESOLUTION Be it resolved by the City Council of the City of Boynton Beach, Florida, in regular meeting assembled that the Mayor of said City be, and he 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 install and maintain, for the purpose of a water main, a line of pipe across the right of way and underneath the main track of said Railroad Company at Boynton Beach, Florida; as more particularly described in said agreement, which agreement is dated December 5, 1975, a copy of which agreement is filed with this City Council. I certify the above to be a true and correct copy. Clerk Form 3530 Rev. June, 19?8--~Sheet 1 RE-35811 THIS AGREEMENT, Made this day ~ Ma r c h , ~ ~6 ,by and ~tween the SEABOARD COAST LINE RAILROADCOM~PANY, herein~torreferredtoasLicensor, and the CITY OF BOYNTON BEACH, a municipal corporationunder the I~ws of the State of Florida , hereh~'ter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and contained on the par~ of Licensee to be kept and performed, hereby ~rants unto Licensee the right or license to install and maintain, for the purpose of conducti~ water, a line of 12-inch ductile iron pipe across the right of way and underneath the main trace of Licensor at Boynton Beach, Florida, at a point 211 feet southwardly measured along the center line of said main trace from Milepost SX-980; as shown in ~reen on print of Licensee's Drawin~ Sheet 1 of 1, revised by Licensor October 24, 1975, 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 shah install and maintain said pipe at its expense in a manner satisfactory to the Division Eng/- neer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe shall require repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the fa~ure of Licensee so to do, the said Division Engineer ~f Licensor shall give written notice to Licensee, and upon the fa/lure of Licensee to make repair or renewal within thirty days after such notice, Licensor may make all necessa~ repair or renewal at the cost of Licensee, which cost Licensee hereby agrees to pay on demand. 2. Licensee shall install and maintain, above ground and in a manner and at such locations as may be deslgnatod 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 hnprovements that may be made by Licensor in its tracks 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. June, 19?3--Sheet 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 sha~l and does hereby assume, and agrees to indemnify and hold harm- less the Licensor, its successors and assigns, :from and against all loss, costs, exRenses, 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 appurtenances on said premises, howsoever caused. 4. Licensee will pay to Licensor, on bins rendered by Licensor, the full amount of all costs and expenses which may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by 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 be prohibited, incident to the instailation and/or maintenance of said pipe on Licensor's property, from using explosives of any type without the express written con- sent of Licensor; in the event such consent is extended, a representative will be assigned By Licensor to .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 and maintenance of said pipe and appurtenances thereto on Licensor's property. 7. The portion of said Pipeline under said track and roadbed thereof[ shall be encased by and at the expense of the Licensee in a 22-inch steal 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 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. 8(a): I~=rtng the installation of said pipe the Licensee will, if it is to perform the installation, or if the Licensee is to have a contractor perform the installation, require said contractor to, at its sole cost and expense, procure and keep in force Workmen~s Compensation and Employerst Liability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, Including automobile coverage, providing for a limit of'not less than $1,000,000.00 for all damage arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total i/mit of $1,000,000.00 for all damage arising 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- tton 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 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 pro- tect and indenm/fy the. Licensor. In addition, such insurance shall contain notifi- cation provisions whereby the insurance company agrees to give 30 days' notice to the Licensor of any change or cancellation of the policies. All of these endorse- ments and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Form 3530 Rev. June, 197S--Sheet $ 9. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the sum of Thirty Dollars ($30,00) to partially reimburse said Licensor for the costs of survey and other handling necessary to the~king of this agreement. NOTE: The following changes were made in this agreement prior to execution thereof: Articles 7-9: Added. It is understood and agreed that this agreement shall not 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 part of this agreement~ IH WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written- Witness for Licensor: SEABOARD COAST LINE RAILROAD COMPANY By. (L.S .) Wi~ess~ ~r CITY APPROVED AS TO FORM AND CONTENT (L.S.) ,.--[ 2" Vd/VT I "-- .6'0' APPROVED: D.L .19 iY/Zi TER' ~E CTIOtV tVOr To SCAL. C E.' S. LAWS, Division Engmee~ Io- ~z~_ '7,5'-. scL. ze/~v s~-~v~ Form 3530 Rev. June, 1973--Sheet 4 Extracts from minutes of meeting oft he City Counci[ of the City of Boynton Beach, Florida, held on' the day of , 19 RESOLUTION Be it resolved by the City Colmci~ of the City of Boynton Beach, Florida, in regaIar meeting assembled that the Nayor of said City be, and he 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 Ra~road Company grants unto said City the ri§hr or license to install and maff~ntatn, for the purpose of a water main, a line of pipe across the right of way and underneath the main track of said Railroad Company at Boynton Beach, Florida; as more particularly described ~n said agreement, which agreement is dated December 5, 1975, a copy of which agreemen~ is filed w~th this City Council. I certify the above to be a true and correct copy. Clerk