R00-043RESOLUTION NO. R00-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE LETTER
ADDITION TO THE BLANKET AGREEMENT WITH THE FEC
P_AILWAY COMPANY, DATED NOVEMBER 19, 1999;
AUTHORIZING THE DIRECTING THE MAYOR AND CITY CLERK
TO EXECUTE THE SAME; AND PROVIDING AN EFFECTIVE
DATE.
Wq{EREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, has deemed it to be in the best interests of
the citizens and residents of the City to approve the Letter Addition
to the Blanket Agreement with the FEC Railway Company, dated November
19, 1999, providing for a change to Schedule A", due to casing size
reduction for the storm drainage crossing from 60" to 36".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMmiSSION OF THE CITY
OF BOYlqTON BEACH, FLORIDA T~_AT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, hereby approves the Letter Addition to the Blanket Agreement
with the FEC Railway Company, dated November 19, 1999, and authorizes
the Mayor and City Clerk to execute the same.
Section 2. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED this
ATTEST:
Ci~ Clerk ~'-
.,,xx',,.O ...... ,_,:,.,,j. '~
~/////~ ~0q'
day of April, 2000.
CIT~ ~7~ ~ FLORIDA
V±ce ~ayor
~ayor ~ro Tem
C~zsszoner ~
The City of
Boynton Beach
City Clerk's Office
I00 E. Boynton Beach Bouleeard
P.O. Box 310
Boynton Beach, Florida 33~125-0310
(561) 742-6060
FAX: (561) 742-6090
April 10, 2000
M. O. Bagley, Director
Industrial Development & Real Estate
One Malaga Street
St. Augustine, FL 32085
RE: RESOLUTION #R00-43 and ONE ORIGINAL EXECUTED AGREEMENT
Dear M. O. Bagley:
Attached please find the original Addition to Blanket agreement Sub File: 312-53,
which was approved at the City Commission meeting held on April 4, 2000.
If you have any questions pertaining to this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
Sue Kruse, CMC/AAE
City Clerk
C: Pete Mazzella, Deputy Utilities Director
"An Equal Opportunity/Affirmative Action/ADA Employer"
One MaZaga Street ugust'tn~,
Oj~e of t~ Di~tor I~ ~lop~ &
P~: (904) ~6~ ~: (9O4) ~ e-~l: m~ag~e~~ON ~&GH
M~h 16,20~ UTILITI~
BI~ File: 312~
CITY OF BOYNTON BEACH
Mr. John A. Guidry, Director of Utilities
City of Boynton Beach
5469 W. Boynton Beach Blvd.
Boynton Beach, FL 33437
Addition to Blanket Agreement
Sub File: 312-53
MP 312+1519 (Ocean Ave.)
Please refer to past exchanges pmaining to the captioned file, and your letter dated 3/10/00 requesting a
Schedule "A" change due to casins sm reduction for the storm drainage crossing from 60" to 36'.
The modification change was made, the subgrade utility crossing application has been approved, and we ar~
hereby adding the crossings to the Blanket Agreem~t dated- 11/19/99, and making revision to Schedule "A",
as of 1/6/2000, at an annual rental of $325, $500 and $500. The revised Schedule "A" is attached. Copies of
the plan modification, and Railway's insurance requirements for the construction are also enclosed. The other
above grade improvements requested must be approved and coordinated through our Engineering Dept., Mr. W.
S. Stokely, VP and Chief Engineer at 904-826-237:5.
In compliance with the provisions of this agreement, and at least 5 days prior to you or your contractors or
subcontractors entering upon Railway property an FEC flagman/watchman must be scheduled by calling Mr.
Charles Stone of our Engineering Department at (904) 8262369. Rallway's signal and train control cables must
be located by calling Mr. Andrew Fowler of our Signal Department at (904) 8262428. In ~lcl_ ~ition, and also prior
to any entry onto Railway property by you, your conlractom or subcontractors, in compliance with tbe Agreement
a Certificate of Insurance naming Railway as an additional insured must be submitted to the undersigned.
Please be advised several conmmni~ons companies have installed a fiber optic commum'cations system within
the licensed area and prior to any digging or subgrade work on the licensed premises, you must call
"SUNSHINE" at 1-800-432-4770, in order that the said companies will be properly notified and in mm can
locate cables and protect against damages.
Additionally, the provisions of paragraphs 14 and 16 of the Standard Blanket Agreement were recently revised.
Accordingly, the Blanket License Agreement will be amended ~fective 1/6/2000, to repla~ the provisions of
paragraphs 14 and 16 with the language set forth below:
14. Licensee also covenants and agr~s to and shall at all times indemnify, protect and save harmless Railway,
its parent, subsidiaries, and affiliates from and against all cost or exl~nse, including attorney's fe~, resulting ~om any and
all construction, placement, attachment, presence, use, maintenance, repair, alteration, renewal, relocation or removal of
said facilities in, on, about or from the pr~niso~ of Railway whether such loss~ and damag~ be suffered or sustained by
the Railway directly or by its employees, pa~ons, or licensees, or be suffered or sustained by off, er persons or corporation,
including the Licensee, its employees and agen~ who may seek to hold Railway liable therefor, and WHETHER
ATTRIBUTABLE TO THE FAULT, FAILURE OR NEGLIGENCE OF RAILWAY OR OTHERWISE. However,
312-4-0-BLKADDLTR.DOC
Page 2
Blanket File: 312-4-0
Sub File: 312-53
March 16, 2000
Licensee shall not be required to indemnify Railway from any such cost or expense arising from the willful or intentional
acts of Railway, notwithstanding anything to the contrary contained in this Agreement, no provision herein is intended or
shall be construed as a waiver of sovereign immunity beyond the pro~sions of § 768.28, Florida Statutes.
16. Commencing with the initial term ofthis Agreement, Licensee shall pay in advance unto Railway for each year
or fraction thereof, of the life of said crossing or other facilities, the applicable sums as listed on Schedule "A' attached
hereto and made a part hereof. The applicable license fees listed on Schedule "A~ shall be increased each year on the
Anniversary date of the Agreement, commencing on the anniversary date of the year 11/19/2002, if renewed annually, by
the product of the annual fee in effect for the proceeding year multiplied by one hundred percent (100%) of the percentage
increase in the Consumer Price Index (CPI). The base CPI will be the CPI for the month of tho year preceding the effective
anniversary date by ninety (90) days. The "CPI" shall mean the Consumer Price Index (1967=100), issued by the Bureau
of Labor Statistics of the U. S. Departmeut of Labor.
All other terms and conditions of the Agreement will remain unchanged and in full force and effect. Kindly
acknowledge your acceptance of this amendment and additions to the Blanket Schedule "A', by endorsing and
returning one executed odginal to me.
Construction or installation on Railway's property cannot be con,anenced until the Amendment to the Agreemem
has been signed and received by the FEC Railway.
MOB/bib/enclosure
M. O. Bagl~, Di~ctor
Industrial Development & Real Estate
[....
312-4-O-BLKADDLTR.DOC 'l l l l l l l l l l l ~ ~ ,~\\\
I
INDEMNITY OF FLORIDA EAST COAST RAILWAY COMPANY
- AND INSURANCE REQIflREMENTS
The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter
indemnify, defend and save harmless the Florida East Coast Railway Company from and against all
judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer,
sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or
any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction
contract, including any such Costs arising from the death, bodily injury or personal injury of, as follows:
Of any person, including-without limitation upon the generality of the foregoing description,
employees and officers of Florida East Coast Railway Company, employees and officers of materialmen,
employees and officers of the Contractor, employees and officers of ali subcontractors, and from loss,
damage., injury and loss of use of any real or personal property (a) in which Florida East Coast Railway
Company has any ownership interest, and (b) personal property in the custody of Florida East Coast
Railway Company under any transportation contracts; including without limitation upon the generality of
the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the
contents of the same.
In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure
and ke~p in effect comprehensive general liability insurance in the limits of $2,000,000.00 each occurrence
for bodily injury or death and $2,000,000.00 property damage each occurrence, covering all obligations of
Contractor to indemnify the Railway by Contractual Assumed Liability. Endorsement. Alternatively,
Contractor may procure and keep in effect during the life of this construction contract, as aforesaid,
Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages
with the limits specified in this paragraph.
In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman%
Compensation Insurance Policy as required in the State of Florida.
Ali such insurance, directly or indirectly for the benefit of the Railway, shall be in a form
satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance company
authorized to do business in the state of Florida that has a "Best's" rating of A or A+ and a financial
category size of Class XII or higher.
CUT
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