Res 47-73 RESOLUTION NO. 47-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION
OF AGREEMENT FOR A PUBLIC ROAD CROSSING AND SIDE-
WALK CROSSING THE FLORIDA EAST COAST RAILWAY
COMPANY PROPERTY OVER ITS TRACKS AT A POINT LOCATED
5088 FEET SOUTHERLY FROM RAILWAY'S MILE POST NO.
316, AS MEASURED FROM JACKSONVILLE, FLORIDA (S. E.
1ST STREET).
BE IT RESOLVED by the City Council of the City of Delray Beach,
a municipal corporation of the State of Florida, as follows:
1. That the City of Delray Beach, a municipal corporation of
the State of Florida, does hereby contract and agree to enter into an
agreement with the Florida East Coast Railway Company, copy of which
is attached hereto, wherein and whereby, said City of Delray Beach is
given the right and privilege to use as a crossing for public road
crossing and sidewalk crossing purposes only, that part of the right-
of-way and property of said Railway in City of Delray Beach, Palm Beach
County, Florida, at the location described as follows:
A 50 foot wide, northerly and southerly, parallelo-
gram shaped parcel of land extending easterly and
westerly across Railway's 100 foot wide, easterly
and westerly, right-of-way and over its tracks with
the easterly-westerly center line of said parcel
intersecting the center line of Railway's westerly
main track at a point located 5088 feet, more or
less, southerly from Railway's Mile Post No. 316,
as measured from Jacksonville, Florida (S.E. 1st
Street).
Said location' is shown on Railway's print of Plan
316 + 5088', dated July 20, 1973.
2. That the Mayor with the attestation of the City Clerk, be
and they hereby are authorized and directed to execute said agreement
for and on behalf of said City of Delray Beach.
3. That this resolution sh~ll take effect immediately upon
its passage.
PASSED AND ADOPTED this 22nd day of October, 1973.
ATTEST:
THIS LICENSE AGREEMENT, Made and entered into in duplicate
this day of , A. D. 197. , by and between
~LORIDA EAST COAST RAILWAY C0~AAS[, a Florida corporation, hereinafter
called "Railway", and CITY OF DELRAY BEACH, a ]nunicipal corporation
of the~Stat~ of Florida, (Ad~ess: City H~i, Dclray Beach, ~orida
.3~-), h~reinafter called "Second Party";
W I T N E S S E T H:
That said Railway, for valuabl~ consideration and the covenants
and agree~ents h~roin contained to be performed and kept by Second
Party, does h~reby give and license unto said Seco~d Party the right
and p~ivilegc to use as a crossing for public road crossing and
sidewalk crossing purposes only, that part of the right of way
property of said Railway in City of ~lray Bsach, Pal~a B~ach Cou~ty,
A ~0 foot wide, northerly and southerly, parallelogram
~.E.FIR~T shaped parcel of land oxtending easterly and westerly
~,.a~ ao~oss Railwa~s 100 foot wide, easterly at~d ~.;osterly,
DALI~AY BEACH, right of way and over its tracks ~.,.ith the easterly-
'~i~[[~ west(~r].y center line oS said parcel inte~secting the center
line of Rail. way's westerly ~uaJ.n track at a point located
~088 feet, mor~ or less, southerly from Rail~ay's J'.~ile
Post No. 316, as measured fror] Jacksonville~ Florida.
As shown in re.d on Rail%~sy,s print of Plan 316 +
dated july 20, 1973~ attached hereto and made a part hereof.
T0 HAVE AND.TO USE the said rights, privileges and licenses solely
t~nto the Scco~nd Party for the term of o)~e (1) year from date hereof,
subject to renewal as provided in Paragraph 11 hereof, or until
terminated as hereinafter provided.
In c6~sidors, tio~] of the rJ..ghts, privileges and lico~%s~s
given by }tail. way unto Second Party, Second
~ ~ ~j coveng.nts and
agrees with Railway as follot~s:
1. That said crossing shall be used for public road crossing
and sidewalk crossing purposes only across Railway,s right of way
and track, and except as herein specified, no pipe, wire, rail or
other line or structure shall be placed in or on said right of way
or crossing without the previous consent in writing of said Railway.
2. Second Party agrees that it will, at its sole cost and
expense, furnish all material, equipment and !abo~~ required for and
perform all work in connection with construction, ~.~idoning, i~uproving
or extending and ms. intenance of said crossing, from right-of-way
line to right-of-way line of the Railway, as herein described,
including the portions of said cz~ossing over and across the Railway's
existing or future tracks and over and bet~.~e~n the ties therein.
The Railway reserves the right to perform thc inst~:llation and
maintenance work on the tim_bet flangewa3, po~tion of said crossing
over ~o track structure, the expense of which is to be borne by
the Second Para. ry. That Railway shall provide a flagman (at the
rate of $40.00 per day) at the above descz, ibed crossing wh.4.1e work
is being performed by Second Party thereat under the p~ovisior~s of
this Agreement, all at the cost and expense of Second Party.
3. Lighting facilities adequate to cor~ply wi'th the requirements
of the.laws of the State of Florida covering illumination of road
crosgings shall be installed, maintained and operated at subject
crossing all at the sole cost and c:~pense of Second Party.
4. Second Party further covenants to pay, either directly or
upon bills presented unto SeconD. Party by Railway within thirsty (30)
days after presentation of the sa~e, sail b~.lls for electricity for
the lighting and illumination of said crossing.
P age 2
~. Second Party agrees that it will install and raaintain all
necessary, drainage facilities to prevent accumulation of surface water
due to the existence' of said crossing, all at the complete cost and
expense of Second Party. Such facilities to be approved by the
Railway and any other governing bodies having Jurisdiction thereever;
operation of these facilities shall be subject at all times to t~e
approval of such representative amd authorities.
6. Whether l~equired by law or order of any public authority or
desired by R~il~-~ay ~.s a matter of manage~nent~ Rail~a~ reserves the
right to raahe any desired changes at any time in its existing tracks
or other facilities~ or to install, maintain and operate any additional
track or tracks or otho~~ facilities on its right of ,~.zay at said crossing
and Second Party agrees to bear the entire expense of any changes in
the paving or additional paving required on account of such char~ges
or installations made by the RaJAway. Provided Second Party shall not
be required to pay any part of tho cost of construction of a railroad
track for any single private industry.
?. Second Party shall not take any action that will prevent or
tend to restrict the operations of trains over said crossing.
8. Second Party agrees to inde~,~nify and hold harmless the Rail~ay
from assess~ncnts or other charges of any kind whatsoever against the
Railway at any time for m~y portion of public imp~ovements installed
on or within 200 feet of said crossing or arising out of the existence
of said crossing.
9. The provisions and stipulations of this Agree~,~ent are a part
of the con,~idoration of tho licensing of tho above p~'ivileges and cro,'~sing,
and in the event tho said Second Party shall fail to comply ~-.~ith any
oi the covenants and conditions, then thi.~ license shall be void and
said described crossing sh~all to~,~uinate, with ful~ right on the part
P a ~-,~e 3
of the Railway to re-enter and repossess and remove the same if it
shall elect to do so.
10. Second Ps~rty hereby grants unto Florida East Coast Railway
Company all necessary permits for the installation, construction,
erection, repair and maintenance of any of the facilities, work or
fixtures mentioned or contemplated in and by this Agreer.~ent.
ll. It is further mutually agreed by and between the parties
hereto that as this agreeraent is for tho teton of one (1) year, if
said Second Party holds over and reraains in possession of the hereby
licensed prii, ileges after the expiration of such term, or of any
renewals thereof, this Agreement shall be considr~red as renewed
'unless sizty (60) ds. ys, written notice of the terw~ination of same
has been or is given by Railway and shall continue in effect fro:n
year to year, subject to the smae terms and conditions as herein
contained.
12. It is further mutually unde~'.stood and s. greed by and
betw~een the parties hereto that at the termination or the cancellation
of this agreem, ent for any cause, or upon terraina~tion of' Second Party's
use of t~e crossing herein licensed, Second Party shall remove, at
its' entire cost and expense, said ro~.d and sidewalk c~?ossing and
all i~nprove~nents placed by Second Pax~ty upon the said Ra~lway,s
right of way and restore the ground to its origSnal condition.
13. That be£ore the herein described crossing is opened for
traffic or is put into use.', .same shall be protected by automatic
crossing protection devices consisting of flashS, ng lights, bells
and gates; Rai].wg..~' shall furnS, sh $,~ll ~naterials .and labor for the
installation of ss. id automatic c~,ossing protectS on ,devices s.t the
Page
cost and expense of Second Party, which expense is estimated to be
$28,000.00. That said automatic crossing protection devices shall
be owned by the Railway at all times and shall be maintained by
the Railway at the cost and expense of Second Party.
14. Second Party shall have the further right and privilege
to synchronize its traffic signals with the Railway,s automatic
crossing signals and motian detectors at the hereinabove described
location, whenever traffic lights are installed on adjacent or
nearby street intersections, installation and maintenance of circuits
to be by the Railway at the expense of Second Party, it being
mutually understood that Second Party shall maintain its traffic
signals and tt~e Railway shall maintain the track circuits for
control of the traffic signals, plans and detail to be approved
by' the Chief Engineer of the Railway.
l~. Second Party further covenants that it will include in any
contract ¥.~hich it' lets for the whole or any part of said work to be
performed hereunder by or for the Second Party, each and every of
the followir~g terms and conditions of the t~.~o pages attached hereto
and made a part hereof entitled, '~INDEi~q~ITY TO FLORIDA ~ST COAST
RAILWAY COMPAI~,~Y AND CONTRACTU.~L LIABILITY ENDORSEMENTS TO C0~?rRACTOR 'S
PUBLIC LIABILITY AND PROPERTY DAi, L'~GE LIABILITY INSURANCE POLICIES
DURING ,(3UCH INDEt~q,IITIES" and '~IESUEANCE FOR BEi~iFITOF FLORIDA ~EAST
COAST RAILWAY COI~,~AI~Z TO BE 0BTAii~D, KEPT tN FULL FORCE ~D EFFECT
AT COST OF COIF~RACTOR".
16. That after the timber flangeways are installed, as well
as said automatic crossing protection signal de, vices when installed,
and said work and appliances are co~,~pleted together with other work
I'age
to be performed by the Railway hereunder and found to be in satis-
factory working order by Railway, thereupon Railway shall furnish
to Second Party a statement showing total cost of material and labor
furnished by Railway, which statement is hereby agreed to be prima
facie reasonable, said total cost to Second Party being hereby
estimated to be Thirty-Four Thousand Dollars ($3[~,000.00), not
including the cost of a flag, nan.
IN WITNESS W~]HEOF, Florida East Coast Railway Company and
Second Party have each caused this instrument to be executed in their
corporate names and respective seals to be hereunto affixed in
duplicate the day first hereinabove writte~n by their undersigned
officers th~eunto lawfully autho~izcdo
Signed, sealed and delivered
in the presence of: FLORIDA EAST COAST RAIL¥IAY COMPAL~,
a Florida corporat.~D.
CITY OF DELRAY BEACH, a municipal
~tate of Florida
corporation of.. the g
'~ 01~_/ .
~g as to Secon~ Part2 ?/City Clerk
Page 6
][NDE:,~ITY TO FLOI?IDA [:.AST COAST RAILWAY CO.'q?ANY AND CONTRACTUAL
LIABILITY EN~ORSE~3N~S TO CONTRACTO~'S P~t. IC LIABILITY A~
PROPE2TY DA~.D1GE L~BiLITY INSTANCE POLICIBS DU~ING S~H IN~,~IT~S.
In further consideration of the sums of' money herein agreed to be paid
to the Contractor, the Contractor by execution and delivery hereof, agrees
~'~e-
that it shall and will at all tJ~es herea~ ~ ~. indc~nnify and save harmless
Florida East Coast Railway Company from and against all suits, claims and
judgments, and all loss, d~-aages, costs, charocs and expenses which Flori~
East Coast ~ailway Company may suffer, sustain, or in anywise be sffojected
$o on account of or occasioned by the operations, whether or not negligent,
of the Contractor or any of the subcontractors~ or both, such directly or
indirectly under or pursuant, to this construction contract, up ~o the total
sums of money~ as fol].o~vs:
A. On account of death, personal injuries, loss of income or earning
ability of any F~rson, including without limitation on the generality of the
foregoing description employees and officers of Florida ~st Coast Railway
Co~apany, e~,uployaes and officers of materialmen employees and officers of the
Con~r~ctor~ e~nptoyees ~nd officers of ~11 subcon%r~ctors~ ~n ~he limits
of $500 ~ 000 . 00 each person injured or killed, and $1~ 000 , 000 . 00 e~ch
accident occurrence.
B. ~)ss~ damage~ injury and loss of ume of any real or personal proper~y
(a) in %~hich Florida Eas'c Coast Rally;ay Company has nny ownership interest
under any transportation contracts; including without limitation upon the
generality of the two foregoing enu~aeralions all railroad equipment co~u~only
described as rolling stock and %he contents of %he same, all in the aggregate
limit of $500,000~00. ..
C. Loss, injury, decline in market value or deSeriora~ion in quality of
any perishabIe ~erchandise in the cus~.ody of Florida ;~ast Coast ~ailv;ay Conpany
occurring or originating during thc first for%y-e:[gbt (~8) hours frown (but
excluding the firs~ five minutes) any break in %he continuity or other obstruction
of passage of trains (directly or indireciiy arising from %he Contractor's
operations) upon said ~rack or Zracks as Zbe case may be, of Florida East Coast
Railway Company a% or within one hm~dzed feet of said location upon which the
work is to be perfor,aed hereunder, %he improvement, renovation, or repair of
which is the subject ~nattcr of this *- ' ~ .....
co~suzuc[..o~l con%.~.ac~ and also all
expenses reasonably incurred by Florida East Coas-~ Railway Company in and
about %be re-~:o~.~zng'of its %rains and cars
railroad of other railroad 6o~mon carriers during the first for~y-eight (48)
hours folio:ring any such bre~k in lhe continuity of said track or tracks as
l:he case may be of said Railway Company aS or within one hundred feet of said
INSU~A,'~E FOR BENEFIT OF FLO.qIDA EAST COAST
RAILWAY CO,',IPANY TO BE OiITALNED, FJEPT IN FULL
FO~.'CE ARqD EFFECT AT COST OF CONTRACTOR.
In further consideration of the sums of money herein specified to be
paid to Contractor~ Contrac%or~ as its cost and expense~ shall obtain and keep
in effect until acceptance of all of the %~ork tender ~his construction by 0%~ OF
D~Y BEACtt
insurance policy or policies in the limits of $500,000.00 each person injured
0r'kil!~ ~md $1~000,000.00' each accident occurrence-~d '$500,000.O0.proper~y -'
damage directly by Contractual Liability Endorsement to Contractor's General
Public Liability and Property Damage Insurance Policies insuring Contractor
against loss or damage to Contractor upon the indemnities smd wi'chin the
limits specified in the foregoing paragraph. Alternatively, Contrac';or may
procure and keep in effect during the life of this construction contract as
Coast Railway Company directly as insured against %he losses and damages
but within %he limits specified in %he foregoing inder~ity paragraph. All
such insurance directly or indirectly for %he benefi~ of Florida East Coast
Railway Company shall be in forra satisfactory 2o the ~!stLia~
DeveloDment_____~ ...... and Rea! Es~a~e of Florida East Cons~ Rail',,ay._: ~:C°~'~°a'%~ or its
General ATtorney and issued by a casual~y instance company authorized 2o
do business in ~he Sta%e of Florida and having a "Bests" ra~g of no2 'less
Shah Four A's or be~ter. ' ' '
'.., ~.~..~.-:- ., . . ......... . ........... .__~ ,. · , ~ ·
· '.' ..... , ..... '" ~ "~' .. · .... ..,,,,,,,,~r"": ° : ~.~]~! .
~. ':. T'>/ / ~ ~, -., · ~ ~ ....... . .... ,,," ~ :.:. ~' "' .
..... ~" '~ ~'~'~' .... ...... ~':' ~':'"" ' '
-/"~.-:/'~' ' . ea to Be Purchased By
' ~:-' ~ -'~ ' City of Delra ~ Beach
.
· ~'/,~ ~---'~ ' ! ~ to ~en S.E. 1st. Street
., . ~.-:--':.~
: %. ': ~..' .-
..... ,?,~ :::: . : ......................... :_: .... :._:.,._ ........
........... ,::~ ~ - ... ..... ..,..~- ....... . ...... ~.-..~ .... ~: ~ ,~, , , _,, .~...,,:--
..... ' ' ' ) "' ": r': x'.., :" ~:~ _~ ..... ,.., .:.
......... I...,_,,-~ ~ ~ ~~ o ~.~-..~ ................ ~:~ ....... '
:.:-- .?/~.:/:~ : -. ~:-, ,-,: ..-~ -,_ ~"
~: ',~ . ~ . ~ . ... --
,%? : ~ ~ ~h .... ""
,,.~. .---~ [:%~ :- ..~. ,,
.,~- :~ ~- ~,,~. ~ -.-., ...
~-: --- ~ ... .-~ %~.. ~-:, ~ ~ . , ~.~ ~ ,.'
. .. ~:,,, ~,, ,~_.~ ..... ~ ~ ..
(~'} ~t. .. . , ' ' ~~. "
'" L: :~ ~ -"'
~. .~ ........... ., .~ ~ ' :..
....... : ..... ~, . .-. .?. . ......
....... ~.~ .,
..... - ~.~.
'" . .................. - ...............~ ' . ~ ~ .-
. . ~~ ~. ~-~
. ~_-., .... -.~ .. .... ~ .......... ~
.~ : 'k,:.~ ~' . . ... '-' ." 6ity_.o~_Dclr:.y ~
· '-. ....... .,,,~,ch ........................
" · ~..:_, 0__ ' J.~?/'~:
.- ..~.-,. -', ~, .. ., ~ .................... . ...............
....... '. .'. '" "" ' . - :::.~ ~.__.~. 6 ~: ~o~, '