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Res 27-68 RESOLUTION NO. 27-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AGREE- MENT FOR INSTALLATION OF A PIPE LINE ACROSS THE RIGHT-OF-WAY AND UNDER THE MAIN TRACK OF THE SEABOARD COAST LINE RAILROAD COMPANY AT ITS INTERSECTION WITH SOUTHWEST SECOND STREET. BE IT RESOLVED, by the City Council of the City of Delray Beach, Florida, a Florida municipal corporation, 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 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 sanitary sewer main, a line of 6-inch cast iron pipe encased in a 13-inch steel pipe conduit. The sewer line so installed shall be placed at a minimum depth of 8 feet below the base of the rail of said main track, or not less than 36 inches below the bottom of Licensor's roadbed ditches - or not less than 36 inches be- low the ground surface - whichever depth may be the lower - measurements being to the top of said conduit; TOGETHER WITH the right and privilege to install and maintain a manhole in said line of pipe; said right-of-way being as indicated on said print. 2. It being further understood that the instal- lation and maintenance of said sewer line shall be in ac- cordance with conditions as set forth in the 'Agreement For Municipal Pipe Line', dated May 21, 1968, as prepared by the Licensor, and which is attached hereto and made a part hereof. 3. That this Resolution shall take effect immedi- ately upon its passage. PASSED AND ADOPTED this 17th day of June, 1968. ~]~/M-A Y 0 R ATTEST: Form 3530 Rev. Jan. 1962---Sheet 1 RE-25078 AGREEMENT FOR MUNICIPAL PIPE LINE THIS A.GREEMEN~, Made this 21st day of I~ay ,19 68 , by and between tho. SEABOAilD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and the CI'PI' OF DELRAY BEAC}{~ a municipal corporation under the laws of tho St~t~ of Florida , hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Dicen- " see, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and con- rained on the part of Licensee to be kept and performed, hereby grants unto Licensee the right or license to install and maintatn, for tho purpose of a sanitary sewer main, 'a line of 6-inch cast iron pipe across the right of way and under the main track of Licensor at Delray Beach, Florida, at a point 650 feet northwamdly, measured along the center line of said main track~ from Bile Post 988~ as shown in green on print of undated and un- numbered drawing prepared by Russell & Axon, Consulting Engineers, att;' ~! hereto and made a part hereof~ said right of way being as indicated on said p And Licensee hereby covenants and agrees in consideration thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Division Engi- neer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe shall require repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the failure of Licensee so to do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of Licensee to make repair or renewal after such notice, Licensor may make all necessary repair or renewal at the cost of Licensee, which cost Licensee hereby agrees to pay on demand. 2. Licensee shall install and maintain, above ground and in a manner and at such locations as may be desig- nated by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership of said p~pe. Licensee will, at its expense, at any time, up on thirty days' written notice given by Licensor, change and alter the location of said pipe to conform to any changes or improvements that may be made by Licensor in its tracks or roadway at said location, or to permit the utilization of LicensoFs right of way, or other lands, for tho con~tructlon of tracks, buildlnga or other structures. Form 3530 Rev. Jan. 1962--Sheet 2 3. Licensor shall not be responsible in any manner for loss of or damage to said pipe and the contents thereof from any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold harm- less tho Licensor, its success, ors and aseig~s, from and against all loss, cost, expense, including attorneys' fees, claims, suits and judgments whatsoever in connection with injury to or death of any person or persons or loss of or damage to property caused by or in any way connected with the installation, maintenance, use or presence of said pipe and appurtenances on said premises, howsoever caused. 4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost and expense which may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling or by other means while said pipe is being placed thereunder, or during any repair or renewal of said pipe. 5. The portion of said pipe line under said main track and roadbed thereof shall be encased by and at the expense of Licensee in a 13-inch steel pipe con- duit and placed at a minimum depth of 8 feet below the base of rail of said main track~ or not less than 36 inches below the bottom of Licensor's roadbed ditches - or not less than 36 inches below the ground surface - whichever depth may be the lower - measurements being to the top of said conduit. 6. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the sum $15.00 to partially reimburse said Licensor for the costs of survey, and other handling necessary to the making of this agreement. Note, The followtn9 changes were made in this agreement prior to the execution thereof I Articles 5 and 61 Added. It is understood and agreed that this agreement shall not be binding until it has been ratified by a proper ordi- nance or resolution of the City Council of the City of Delray Beach, Florida , a certified copy of wkich resolution or ordinance is attached hereto and made part of this agreement. IN WITNES~ WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. .... .............. .(k.s. ..... ~ .................. :,.: .................. . .:,~~.[ ..... TRANSPORTATION & MA~¥ENANOI~ ... ...... .............. bLEE YE, ...~z' 43' LATERAL ,2.0 L ', L"~PRO PO..SF_..D F'o I~C E ~ ' ....IO'F..A~MENT * PLA~ ~c~LC i · ~LRAY B EA C H 5EGT,~O~ FL 0 RIDA =~ _1.,%~. ~. SEABOARD COAST LINE RA ILR OAD FORCE MAIN ~0.27 ~OS$ING RUSSELL · AXON CONSULTING ENGINEERS ..... ' t Form 3530 · Rev. Jan. 1962---Sheet 1~ Extraet~ t~om minutes Of meeting of the City Council of the City of.Delra,y B§9~ch, Florida, heldonthe 17th day of Ju/le 19 co . RESOLUTION #27-68 Be it resolved by the City Council of the City o~ Delray Beach, Florida in regular meeting assembled that the Mayor of said City be, and he hereby is, authorized to enter into an agreement with the SEABOARD COAST LINE RAILROAD COMPANY, and to sign same on behalf of said C ,whereby said Railroad Company grants unto said City the right or license to install and maintain, for the purpose of a sewer line, a line of 6- inch cast iron pipe across the right of way and under the main track of the Rail- road Company at .Delray Beach, Florida, as more particularly described in said agreement, which agreement is dated May 21, 1968, a copy of which agreement is filed with this City Council. I certify t~ve to be a tru~4~d cory~/c~/copy.