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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 :) BE COFICI~"~ / / / ~6 12 10 I 2 0 +50 LU Z 0 GEE & JENSO[ MAT~'I EXIST. E:X]ST. 4' ~M &Be . 22+00 20'-2~' ~0 0 ~ 21 +OO 25+00