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65-GForm No. RW 005 FLORIDA STATE ROAD DEPARTMENT CITY RESOLUTION ' C°unty i Secti°n Utility Job No.~/ State Road No. / County Name irarcel&R/WJobNo, i I 93 I 512 6601 S-811 Palm Beach t 5 2601 A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT- OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. ON MOTION OF ~g~l~l~l: (Councilman) , seconded by (Councilman) , the following Resolution was adopted: WHEREAS, the State Road Department of Florida has located and proposes to construct or reconstruct Delray Beach north along Seacrest Blvd. to Boynton Canal; a part of State Road~_811, from north limits of/ ; and WHEREAS, in order for the State Road Department to further and complete said project, it is neces- sary that certain utilities and/or facilities within the Right of Way limits of said State Road S-Sll be adjusted, changed or relocated; and ' WHEREAS, the State Road Department having requested the City of Bosrnton Beech Florida, to execute and deliver to the State Road Department a Utilities Agreement, agreeing to make or cause to be made such adjustments, changes or relocations of said utilities and/or facilities as set out in said Agreement, and said request having been duly considered; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Boynton Beach , Florida, that the Mayor and Clerk (City Manager) be and they are hereby authorized and directed to make, execute and deliver to the State Road Department a Utilities Agreement for the adjustment, change or relocation of certain utilities within the Right of Way limits of said State Road S-~ll , Section 93512-6601 ; BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the grate Road Department at Tallahassee, Florida. Passed and Adopted January 18, CITY OF BO~N BEACH (Corp. Seal) CITY O F B O ', ,~; ~ r :x'': ~ '~ ~ ~ti,; r.~3RIDA COUNTY OF PALM BEACH BY-~-2L ......... _% _, ;,, ., ~r' Attest: ,~ I HEREBY CERTIFY that the foregoing is a true and correct copy of a Rey ~ City Council of the City of Bosrnton Bea · at a meeting of said City Council , held on this 196 5. ./ 18th day of Janu~;].~ ' l~. WITNE.~.-' my hand and seal on this ~.9~ day of BY January , A. D. 196 5. .i ,:' Clerk (Gi~y---Mama~r~ '~;f the City of Boynton Bea.~:h , Florida. FI.(q~.II)A WI'ATE tlOAl} DEPARTMENT CITY UTILITY RELOCATION AGREEMENT [qilit> Job-No. ' State Ro-ad No. County Na~e l'arc,,I & I{/W.Yob No. made a;~,} enlered into this IH1}t day of .'[;~t..,:~:'.. , I9(;:'). by and ~IOAD DICPAIVI'MICNT OF Fi. ORII/A, hereinafter v.fe-ro, t :,. ;? 'he 1)l']i'.Xllq 51F'iNT. ,-' kkA,'5, in order t.o facilitate such wr)rk iL is nec,~5, sary that pr,,v!si,ms change ,,n' rel:~eati,m of certain facilities and/or utilities within said ('lTY (and whctta,r x~ithin the ccrp,'~ra~e limits thereof or not) and located within the right connect v;,; link ~41ate Road or appurteuances thereto, viz: Ar',3 :tn:t a!i ',.vat(r mains, fire hydrants, .~anitary sewms, gas mains, fhe ;tnd i,vl *,- system>;, IC[ei)}l~,tlO' electrical and telegraph systems, including poles, p.!e 5nos alibi ~Jro.tll(t faeilitieb thereof, and any other utilities and facilities within such right NOW. TtlEIIEFORE, the premises considered, and in consideration ,,f the s~m ¢~ {)n,~ ¢~:he. m band paid, the receilt ;vh.reof is hereby acknowledged, and in ftlrth,q' C~ql.~idt, l-.tti{;o t~i;tl c~;vtqian!$ h,.'..i,mfter contained, it is agreed by the parties its follows: 1. That t.h. DEPARTMENT will provide at its expen-;e fro' the cm~st.~<'tion, rec,,n~t.ucticm, cLan~e or reDMfen;eut ,,f all drainage Mr!lctures necessary to prc,l,crly drain said mt,nicit.t} c.rmecliuV 7i~,~ St.ate }:toad ,.vi',:hin l};e said CITY. but not otherwise, 2. That in cx,ns;dm'atirm of the DEPARTMENT'5 undet'tal.:in.~r the constructimi ~ec. ti~',~ link Sta:e H,mrt. which will be ,ff benefit to the CITY aim its cilizen~ as a (,r utiJhies where ],:,cared ,m public property withou: cost ,;r expense to the DI?]I'AI[TMi.iNT, enter Jntt~ all neces-ary affreements of arrangements with priv:~tely ,~wm.d ::IiiiItt,. cocpfn'ate limits. ?~ as t,, require such utility owner~: t,} also make all ncces:;at'y adj'.~stmc~!ts, ehang,-s c}f ihe[r f,a'ilfih:s ,>r utilities, in order to comply with the id:ms, designs prior t,~ the ad':ertlsin~ for })his on said l)r,)ject, and file the >;tme with the ')I'.i'.X1. FM da(e, such agreen:e.ts t. provide for: 1. ¢'cve-fn? p,,)::e.d~re for coodinating the work; t. 3,1ip, m-~iza!.,r~ o:' dela3-:.~; ~. T;,. t Iq'~ '.< ::~'.eement to pay compensathm so determined; 3. Thc ('ITY further agrees that said adjustments, changes or relocation of said fac lit~(.s or utilities will }.: made hy the (~ITY, or privately owned utility companies, with sufficient promptnes~ s. a~ ~o ca&se n. dei.3 ~ the DEPARTMENT or ~ts I'ontractor in the Pr.secution of such cons[ructi(m ~,}. recon,struc~ion . work. The (HTY /urlhcr agrees lhat in the event the chan~es, adj.stments or relocation ~m,.~aneo.sly with the construct/on project, that it will r(im~:.rs:< ~,r ca.se the privately owned util/t- companies ~o reimburse, the contractor direct]v for any jcls: c~aim due t. delays caused by the CITY'S or privately owned utilities companies' operations or h;ndra.ce efficient pro:~ecati,m of the construction work. 4. It is mutually understood and agreed between the part/cs beret, thai the CiTY slmli a:.s.me the sole responsibility for lhe necessary adjustment, change or reb~caiion of all of said fa{q}ili~-, ,.. ~.~ilitics, whether the same he publicly or privately owned; it being the intent of the DI4:I,ARTSII(N-~ :~.. :}x, C!TY shall en[er into all negotiatiuns and agreements with privately owned .~ililv cr~mpa.i.~ ~,;:..m.~,l,iish this p.rpose, and t- ~ce that the CITY. the I)EPARTMENT and/or its ('ont.act.r fended itlld indemnified against any fa/lure (,n the par[ of such companies 1(, properly and t,r,.~t ,. perf,,rm the necessary work required of fhem by virtue of such construction ,)r reconstru(:~.n 5. The CiTY ft, rfl~er agrees that the State Highway Engineur shall acl a~ .l'}>i~m. i..e<'id~:,~ ali cues- tions, di~iculties or disputes oF whatever nature which m.y arise under or },5' reit:~(~n of this A?re~rnc, nt 'tnd hi< decisi ,.~ rek~tive thereof shal'l be finaI and (:onclusi~e upon ali ~; The ('I'FY Furth(,r agrees lhat it , ~ kept in fei,air, :.~, .t such adjuste,l, changed or relocated facilities or ut/lit/es said State Rc,a,l, ~, ~on:ply with all provisions of hlw and of lhe DEPA~{TMENT'~ nm'i,,a~ v.'th amend- ments ami spacificati,ms f.r traffic control rl,uting and t,arking a.d to c.nfl~rm DEPAIiTMENT pertaining thereto. 7. It i.~ mutually agreed that any altached map .. sketch ~ht)wing ;t~i5 st.'h ca{,~hth,s ,;r .ti!5:ies ~(, be adjusted, changed. (,r re~ocate,t is mwle a part here,,f by reference. 8. The CITY further agrees to indemnify, defend, and save harmless a.d ex'merate ~he DI'JPAR'F_ 3lENT of and fr(,m all liability, cia/ms, ami demands f,~r contractualliabili~v risinff otl~ ,)f .he work under- taken by th(: (:ITY, its employees, agents, representatives, ,)r its subcontra.tor,q m- arising Oilt >~atlv other operation, no matter hy whom performed, or on behalf, or in toni.notion wi~h the DEPARTMENT with others on the same.job, or ad jut:.' thereto, whether ('.r em ,h,vees. ajzenlq, Fi'')Fi'SOIi}aI[VO<, OF its subcontractors. J~¥.