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72-RRESDLUTION NO. 72 -~ 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 maintain, for the purpose of a water main, a line of 10-inch cast iron pipe across the right of way and underneath the main track of said Railroad Company at S. W. 23rd Avenue, Boynton Beach, Florida; as more particularly described in said Agreement, which agreement is dated June 1, 1972, copy of which Agreement is filed with this City Council. PASSED AND ADOPTED this Iff/~ay of July, A.D., 1972. ATTEST: City Clerk CITY OF BOYNTON BEACH, FLORIDA Mayor Vice M~yor ~%~/~ounci~ Councilman (CORP. SEAL) Fo~ ~0 Rev. Sept, 1968--~heet 1 RE-30154 AGREEMENT FOR MUNICIPAL PIPE LINE THIS AGREEMENT, Made this 1st day of June ,1972 , by and between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and the CiTY OF BOYNTON BEACH, a municipal corporation under the laws of tb~ State of Florida, · hereinafter styled Licensee, WITN~ETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by L/cen- see, the recsipt of which is hereby acknowledged, and of the cow-~ and agreements hereinafter made and con- rained on the part of Licensee to be kept and performed, hereby gran~s unto Licensee the right or license to ~ t~w~maiatain, for thepurpose of a water main, a line of 10-inch cast iron pipe across the right of way and underneath the main track of Licensor at S.%~. 23rd Avenue, Boynton Beach, Florida, at a point 1,840 feet southwestwardly measured along the center line of said track from Mile Post SX-984; as shown in green on print of Licensor's Drawing No. M-1249, dated May 1, 1972, attached hereto and made a part hereof; Licensor's right of way being as indicated on said print. And License~ hereby covenante and agrees in consideration thereof: 1. Licensee shall ~ 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 License~ 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. 2. Licensee shall install and maintain, above ~round and in a mm, mcr and at such locations as may be desig- nated by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership oi ~a~d pipe. Licensee will, at its expense, at any time, upon thirty days' written notice given bl, Licensor, change and alter the location of said pipe to con~orm to any changes or improvements that may be made by Licensor in its ~cack~ or roadway at said loca~ien, or to permit the utilization of Licensor's right of way, or other lands, for the construction of tracks, buildings or other structure~ Form 3530 Rev. April 1971--Sheet 2 3. Licensor shall not be responsible in any manner for loss of or damage to said plpe and the contents thereof from any cause whatsoever; and Licensee shah and d~es hereby assume, and agrees to indemnify and hoId harm- less the Licensor, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and jud~mente ~vhatsoever in connecMon with injury to or death of any person or persons or loss of or damage to property c~used by or in any way connected with the installation, maintenance, use or presence of said pipe and appurtenances on said prern~ses, howsoever caused. 4. Licensee will pay to Licensor, on bills rendered by Licermor, 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. The portion of said pipe under said track and roadbed thereof shall be main- tained by and at the expense of L' ' lcensee in a 21-1nch corrugated metal pipe conduit at a min,xmum depth of 6~ inches below the base of rail .of said track~ or not less than 36 inches below the bottom of Licensor's roadbed dztchas, or not less than 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. 6. In consideration for the right or license hereby granted, Licensee hereby agrees that the Licensor shall not at amy time or 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. This agreement supersedes the one dated July 27~ 1960 between the former Seaboard Air Line Railroad Company~ now Seaboard Coast Line Railroad Company~ and Consolidated Development Corporation covering the nine line described herein ~Thich agreement is being terminated by Licensor simult~ously with the executio~ hereof. NOTE: The ~ollowing changes were made in this agreement prior to the execution thereof: Grantee Clause and Article 1: Articles 5 - 7 The words "install and" deleted 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 resolut%n of the City Council of the City of Boynton Beach, Florida , a certified copy of which ordinance or resolu~on is att~chod hereto and made parc of this agreement. IN WITNESS WHEREOF the parties heret~ have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: SEABOARD COAST LINE RAILROAD COMPANY ..................................................... By ............................................. (L.S.) %Vitnesses for Licensee: CITY OF BOYNTON BEACH, FLQRIDA Attest ~ ~' f/~! !-2~ ~;,:. .~&~ ..zL.%_/.~//[ ....... (L.o.) · ? Clerk J&~.-43325 Form 3~30 · ~ Rev. Sept, 1968---Sheet 3 Lxtracts from minutes of meeting of the City Council of the City of Boynton Beach, Florida held on the /y day of /.~ . 19 ~iZ~, !~ESOL uT~ON 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 maintain, for the purpose of a water main, a line of 10-inch cast iron pipe across the right of way and underneath the main track of said Railroad Company at S.W. 23rd Avenue, Boynton Beach~ Florida; as more particularly described in said agree- ment, which agreement is dated June 1~ 1972~ a copy of which agreement is filed with this City Council. I certify the above ~ he a ~rae and c~-~c~ copy.