74-QQRESOLUTI~ON NO.~
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING EXECUTION OF AN AGREEMENT WITH SEABOARD
COAST LINE RAILROAD COMPANY, ~N~N~'.I~A!D~!TY
PERMISSION AND LICENSE TO INSTALL 2~D MAINTAIN, FOR
THE PURPOSE OF CONDUCTING WATER, A 'LINE OF PIPE
ACROSS THE RIGHT OF WAY AND UNDERNEATH THE TRACK OF
SAID RAILWAY,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, as follows:
Se'ct'ion 1: That the City of Boynton Beach, Florida,
enter into an Agreement with the Seaboard Coast Line Railroad
Company, a Florida corporation, wherein the said Railway shall
give to said City permission and license to install and maintain,
for the purpose of conducting water, lines of pipe across the
right of way and underneath the track of said Railway at the
points set forth in said Agreement.
S'~ction 2: That the Mayor and 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
Agreement with the Seaboard Coast Line Railroad Company.
Section 3: This Resolution shal.1 take effect immediately
upon adoption.
PASSED AND ADOPTED this 3.Az~day of~, A.D., 1974.
CITY OF BOYNTON BEACH, FLORIDA
/Vice Mayor
C( an
ATTEST:
Councilman
City Clerk
Form 3530
Rev. June, 1973--Sheet 1
RE-34375
THIS AGREEMENT, Made ~his 29th day of October ,19 74 , by and
between ~he SEABOARD COAST LINE RAILROAD COMPA~rY, hereinafter referred to as Licensor, and the CITY
OF BOYI~TON BEACH, a m~nicipal corporation under the laws of the State of Florida
, hereinafter s~yled Licensee,
WITNESSETH: That Licensor, for and in conslderaMon of the sum of One Dollar to it in hand paid by LiCensee,
the receip~ of which is hereby aCk~nowtedged, and of the Cover~ants and agreements hereinafter made and contained
on the par~'ef Licensee to be kept ~nd performed, hereby grants unto Licensee the right or license to install and
maintain, for~hepurpose.of conductJ~!g water, a line of 16-inch ductile iron pipe across
the right of way and ~nderaeath of track of Licmnsor at Boyntom Beach, Florida,
at a point 1,040 feet southwestwardly measured ~o3_ong the center line of Licensor's
maim track from ~-~lepost SX-985; as sho%~ in green on print of Licensee's drawing,
Sheet 1 of I, dated July 2, 1974, attached hereto and made a part hereof; Licensor
right of way being as imdicated on said print.
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee shall ins~alI and maintain said pipe at i~s 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 requ/re 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 fa~ure
of .Licensee ~ make repair or renewal ~thin thi~y days a~er such notice, Licensor may make all necessary repair
or renewal at the cost of Licen~ee, which cost Licenzee hereby .agrees ~o pay on demand.
2. Licensee shall install au~ maintain, above ground and in a manner and at such locations as may be designabed
by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership of
said pipe. Licensee ~vill, at its expense, at any time, upon thirty days' written notice given by Licensor, change and
alter the Ioca%ion of sa~d pipe to co~rform to any changes or improvements that may be made by Licensor in its
tr~cks or roadway at sa~d location, or tn permit ~he u~iHzation of Licensor's right of way, or other lands, for the
construction of ~racks, buildings or other Structures.
Rev. June, 1973---Sheet 2
3. L~cen~or ~shall not be resimns~'ble in a~ maker for loss of or ~ge ~ said pipe ~d the ~n~nts ~er~f
from ~y ~se wha~v~; ~d ~L~ee shah and dyes hereby ~ and a~ees ~o ~mn~y ~d h~td ~-
~s t~ Li~, its successors and a~s, from and against ail loss, ~s~, expenses, i~lud~g a~o~eys' fe~,
c~i~. zu~ ~aud jud~ents ~ver in co.etlon ~th inj~ to or death of any per~n or persons or l~s of or
da~ge ~ prape~y caused by or ~ ,any ~ay connoted wi~ ~e installa~o~ ~in~nce, ~e or presence of ~id
pipe ~d a~nces on ~d ~s~ ~howsoever caul&
· L~ ~11 p~y to Licensor, ~on ~lls render~ by Licensor, the f~ ~o~t of aH costs ~d ~es which
~y ~ ~u~ by Licensor ~ ~g ~ track or ~ac~ and main~ning ~fic ~ereover by d~ng ping or
by o~her m~s wh~e sa~d pipe ~ ~ pt~ed there~der, or d~ing any repaY, renewnl, ~l~t~on or removal of
~id pipe.
5. It ~ ~res~y ~de~M ~d a~d that ~cens~ shall be prohibi~d, ~cident ~ the i~ation and/or
maintenance~f ~aid pipe on Licenses properS, Irom using ~!osives of ~y ~ ~thout the e~ress ~en ~n-
~toi ~c~o~ in ~he event s~h ~co~e~i is e~ended, a ~presen~tlve will be ~si~ by ~censor ~ p~
Licensor's ~r~ts ~d Lic~ ~ ad~ion ~ aH other costs te be .bo~e by ~c~see ~ h~ set fo~h, sMll
re. burke ~or for the ~ cost and ~ense of ~g said repres~tive.
6. In co~i~on'~or the right or li~e he.by ~an~ Lice~ he.by a~ees that the ~ce~r s~H n&
at ~y ~ ~ ~ any ~er be ~e~ with the cos~ or ~y pa~ of the cost of the ~s~on and main~an~
of ~ pipe ~ appu~n~ ~ on ~ce~or's p~pe~. ,
A
7. The portion of said pipeline under said track and 'roadbed thereof shall be
encased :by and at ~he expense of the Licensee in a 30-inch steel pipe conduit
and placed at a minimum depth of 66 inches below the b~e of rail of said track,
or not less than 36 inches below the bottom of Licensor's roadbed ditches, orr not
le~s than 36 inches below ground surface - whichever depth may be the lower -
measurements being to the top of said conduit.
8. Licensee agrees to pay to Licensor, in addttlo~ to all other considera-
tions 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 im this agreement prior to the execution
~reof:
Articles 7 and 8~ Added.
It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by
aproperor&in-ncevrresolutlonofthe City Council of the City of Boynton Beach, Florida
, a certified copy of which ordinance or resolution is
~ched hereto and made part of this agreement.
1N ~R1TNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first
above ~vrit~m.
~n~ss for Licensor:
Clerk
N
i APRROVED:
~ PLAN '
iS CA L E- I" = .5'0 '
j E. $. LAWS, Division Engineer
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E L EVA T I O/V
SCALE. /"
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