Res 43-76 RESOLUTION NO. 43-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION
OF AGREEMENT FOR INSTALLATION OF A SEWER MAIN
PIPE LINE ACROSS THE RIGHT-OF-WAY AND UNDER THE
MAIN TRACK OF TH~ SEABOARD COAST LINE RAILROAD
'COMPANY AT LAKE IDA ROAD, DELRAY BEACH,.FLORIDA
BE IT RESOLVED, by the City Council of the City of Delray
Beach, Florida, a Florida municipal corporation, as follows:
SECTION 1. That the City of Delray Beach, a municipal corpo-
ration of the State ~f Florida, does hereby contract and agree to enter into
an agreement w~th the Seaboard Coast Line Railroad COmpany, wherein and
whereby the said City of Delray Beach is given the right and privilege to
install and maintain, for the purpose of a sewer main, a line of 30-inch
ductile iron pipe across the right~of-way and under the main track of said
Railroad Company at Lake Ida Road, Delray Beach, Florida, at a point 481
feet northwardly measured along the center line of said track from Mile Post
SX~987, to be installed and maintained as set forth in AGREEMENT dated July
20th, 1976, as prepared 5y the Licensor, and which is attached hereto and
made a part hereof.
Said location is shown on print as prepared by Russell & Axon,
Consulting Engineers, Inc., dated April, 1975, Delray Beach, Florida.
~$ECT~ON 2. That the Mayor with the attestation of the City
Clerk, be and t~e~ L~ ~ereby authorized and directed to execute said
agreement for and on be2~alf of said City of Delray Beach.
SECTION 3. That this resolution shall take effect immediately
upon its passage. ~
PASSED AND ADOPTED this 13th day of September, 1976.
~~I ~% M A Y O R
ATTEST:
City ~Clerk ~ ~
Form ~530
Rev. ~tm~ 19q3-~h~t 1
RE-36538
THIS AGREEMENT. M~de ~ 20th day of July .19 76 , by and
between the SEABOARD COAST LINE p~Art-nOAD CO~PA~Y, bereh~fter r~erred to ~ IAcen~r~, ~md the
CIT~ OF DELRAY BEACH, a m-nicipal corporation under the laws of the State of
Florida .
~SETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by IAcenzee,
the receipt of which is hereby ~knowled~d, R~a of t~e covenants Lud agreements hereinafter made and contained
on the part of Licensee to be -kept ,nd performed, l~ereby grants unto Licensee the right or licenoe to install and
maintai~ for the purpose of a sewer rt~in, a line of 30-inch ductile iron pipe across
the right of way and under tracks of Licensor at Lake Ida Road, Delray Beach,
Florida, at a point 481 feet northwaxdly measured along the center line of
Lic~n-~or's maS. u track from l~_Ltepost SX-987; as shown in green on print of
Drawing dated April, 1975, Sheet 1 of 1, prepared by RusseLt & Axon, attached
hereto and made a part hereof; Licensor's right of way being as indicated on
said print.
~ l. ieems~ shall ~ and maintm~ said pilm mt it~ ~ ~ s ~ ~a~ ~ ~ ~ion En~-
~of~r~m~~~pi~oro~ s~ n~ ~ p~ In the ~ ~ ~id pi~
~ ~ ~ or ~ ~ s~ ~ ~ ~M or ~ at i~ ~; ~d u~ ~e ~ailu~ of
~ ~ ~ do. ~e ~d D~ion ~ of ~r s~ gi~ ~ no~ce ~ ~ ~ u~n the f~l~
~ ~m~ ~ m-~e re~ or ~ ~ ~ ~ ~ ~ ~fi~ ~r may make ~ ~ repa~
or ~ at ~e ~t ~ ~ Wh~k ~t ~ h~by ~ ~ pay on d~-
~ ~ ~-li ~ ~d ~ ~ve ~ ~ in a m~n~ ~ at s~ i~fio~ ~ ~y ~ desi~a~d
by ~d Enter ot Li~r. ~ke~ ~ platy ~i~ ~e ~o~ dep~ at w~ch i~ed ~ o~p of
~d pi~ ~ ~ at i~ e~ at ~ ~m~ u~n ~ ~' ~ notice given by Li~r. ~nge ~d
~r ~e l~tion of ~ pi~ ~ ~om ~ ~y ~ or imp~v~eu~ tMt may ~ ma~ by ~r ~ i~
~ or ~y at ~d l~o~ or ~ ~t ~e u~a~on of ~r's right of my. or o~r I--~-. for th,
~c~on of ~, bua~ o~ o~er
Rev. June, 1973--~heet
~. Licensor shall not be responsible in any manner foF Ion of OF damage to sa~d pipe and the contents thereof
from any caus~ what3oeveF; and L~cen~ee shaJJ and does hereby assmne, and affree~ to indemr~fy and hold harm-
less the Licen~oF, it~ succ~ssor~ and assi~, fFum and against all loss, costs, expenses, ~nrluding attorneys* fees,
clah~% suits and judgment~ whatsoever in connection with injury to or death of any per3(m or persons or loss of or
d~mage to propert~ caused by or in 3ny w~y connecte~l with the in_%~ll~tion, ma~nteu~e, use or presence of said
pipe and appurtev~r--,~ on said pr~mises, howsoever caused.
4. Licensee will pay to L~c~n~or, on b~l]s rendered by Licen~or, the full amount o~ 3]1 costs and expenses which
nmy be incLU-r~ by Licensor in protecting its track or trac~s ~ n~3intainin~ traf~ thereover by driving piling or
by other mean~ w2~le said pipe is being plac~l *~e~mder, or during any repair, Fen~wal, relocation or removal of
sam pipe.
5. It is expressly unde_~toc~l and aS~reed tl~t Licensee -~1 be prohibitect, incident to the ingratiation and/or
maintenance of ~aid pipe on L~ensor's property, from using explo~ves of any type w~thout the express ~ritten con-
sent of Licen~or; in t~e event such con~ent is e~tend~ a repr~ntat~ve will be a~ia~2d by L~censor to protect
I~censor's interest~ and L~cen~ee, in ad~3~iou to all other coats to be borne by Licer~ee as he.in set ~orth, shall
rt~;mhurse Licen~or for the enf~re cost n~ expens~ c~ :[~xr~_qh~ng ~d representa-:~-
~ In consideration for the riKht or license hereby granted, Licensee hereby agrees that the Licensor shall
at any t~ne or in any r~ner be ~ with ~e cost or any p~rt of the cost of t~e instalhtion and maintenan~
of ~id pipe and appurtenances t~ere~o on Lice~mor's property.
7. The portion of said pipeline under said tracks and roadbeds thereof shall be
encased by and at the expense of the Licensee in a 48-/rich steel pipe conduit
amd placed at a m~oimum depth of 66 inches below the base of rail of said tracks,
or not less than 36 inches below the bottom of Licensor's roadbed ditches, or not
less tha~ 36 inches below ground surface - whichever depth may be the lower -
measurements being to the top of said conduit. ,-.'
8 (a): During the installation of said pipe the Licensee w~ ] ], if it
is to perform the installation, or if the Licensee is to have a contractor perform
the ~nstallation, require said contractor to, at its sole cost and expense, procure
and keep in force Workmen's Compensation and Employers' Liability Insurance, and
Public Liability Insurance and Protective Public Liability Insurance, including
-automobile coverage, providing for a llmlt of not less than $1,000,000.00 for all
d~ge arising out of bodily injuries to or death of one person, and subject to
- that 11~it for each person, a total l~mit of $1,000,000.00 for all d-~age arising
out of bodily injuries to or death of two or more persons in any one occurrence,
and regular Property Damage Liability Insurance, and Protective Property Dn~ge
Liability Insurance, including automobile coverage,, providing for a l~mlt of not
less thmn,$1,000,000.00 for mil dm~ge arising out of injury to, damage or destruc-
tion of property /n any one occurrence. ..
(b): The 'Licensee shall furnish certificates of insurance evidencing the
above coverage and the form of the policy, the carrier and the amount of the
coverage shall be subject to the prior approval of the Licensor. Such insurance
shall contain a contract-m! liability endorsement which will cover the obligations
assumed under this agreement and such other endorsement or endorsements as, in the
opinion of Counsel for the Licensor, may be necessary or advisable to fully pro-
tect and indemui~y the Licensor. In addition, such insurance shall contain notifi-
cation provisions whereby the insurance company agrees to give 30 days' notice to
the Licensor of any change or cancellation of the policies. All of these endorse-
ments and notice provisions s~all be stated on the certificate of insurance which
is to be provided to the Licensor.
Form 3530
Rev. June. 19?3-.-Sheet 3
NOTE: The following changes were made in this agreement prior to the execution
thereof:
Articles 7 and 8: Added.
It is understood and agreed that this agr~ment shall not be binding until it has been authorized or ratified by
a proper ordJnance or resolution of the City Council of the City of Delray Beach, Florida
, a certified copy of which ordinance or resolution is
attached hereto s~d made psa~ of this agr~ment.
IN WITNESS IR"HEREOF the parties hereto have executed this agreement in duplicate the day and year first
above writtem
Witness for Licensor: SEABOARD COAST LINE' RAILRO~ COMPANY
By. (L.S.)
Witnesses for licensee: CITY OF DELRAY BEACH, FLORIDA
By. (L.S,)
Mayor
.~ Aee,t: ..... (SEAL)
Clerk
Fonu 221
Oct., 1974,
APPROVED FOB SEABOARD CO~.S'I' LINE RAILROAD