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Res 1445-63 ~50LUT ION ~0. 144~. Upon .~a(:tion duly :~ade and seconded, the following resolution was passed and adopted: BE IT RESOLVED:by the City Council of the City of Delray ~eacb, a ~unici- pal corptra-~ion of the State cf Florida: 1. fbat th~ said City cf Delray Beach~ r'lori~a, comments to and agrees to enter into an adreement wibh Florida East Coast ~ilway Co ~pany, wherein and where- by said City ~,f Delray Beach~ Florida~ is ~fiven the right and privilege cf installing and maYn~aining a ten i~ch cast iron water pipe across nd under the ~i-3ht-of-wa~ ~d tr~c~s of the ~ ilway in the City of Delr~ B~ach~ ~ ;_~Lm .~each County~ r'lorida~ at the location more particularly described ~nagreement attad~ed hereto and as per Raitway's }"lan Corr. File 315-~ dated February 20th, 1~63, all accordi.~g to the further te~.ns a~d conditions o said ~ropoeed agree.~nt atta bed he~etc a~d made a part ne ~eof. 2. '~hat the City Manager, with the attestation ~ f the GiLy Clerk, be and they each are hereby authcrized and directe,~ to execute ~due said a§reement for and on behalf cf the City ~f Delray ~a h, a munici~al corpcra~on of the ~%ate of Flori da. 3. That this resolution shall Uake effect ~, ~fa~./i'-,~ ~.n ~ts passage, this llth day of ~arch, 1963. I, ROBERT D. WCRTHING , City Cler~ of ~,~, City of De. lray Beach, a municipal corpo'ra.,ion of the State of Florida, do hereDy ~er~y that the foregoing is a t~e and correct co. py of original resolu%lo~ of the City of Delray Beach, ~lorida, passed at ~a~~ ~eet~ of the said Git.: Council held on the ll$.h day of , 1963, as the sa~e ap,ears in Book 65 , Page . ~" , of t~e records of said city in m~ official custody. I~ ~IT~ ,~HEEEC.F, I have ,~reunto set m~ hand and the official seal of said City in the.o~a~e, County and City aforesaid, t~is llth ~y of March 19~3. Form 221---Revi~ed---I,4~t f~r by and between Florida East Co~t ~lw~ ~~, ~i~f~r ~11~ "~ay" and Git of ~ ~h a m~ici co~ation of the State of ~orida~ ............. hereinaf~r ~11~ "Li~", WITNESSE~H: f~ f~st ye~ That Railway, ~or and ~n co~Aderation e~ the sum o~ $~.~/and ~he covenan~ and ~men~ o~ ~d L~cens~ here~n~r ~ ~o~h. he.by ~ve ~ ~ ~be r~gh~ and pr~ege ~o cons~ruc~ ~n- s~H and ~n~n ce~n appli~ or fi~ ~er such time he~r ~ ~he Railway. ~n ~ d~scre- ~on, shah and ~y ~ ~ ~ellewa: A 10 inch cast iron water pipe encased in a 20 inch creel casing pipe extending easterly and westerly across the Railway's right-of-wa~ and under its main tracks at a point located 2,365 feet more or ieee eoutherly from the Ratlwa~'s Mile Poet Mo. 315 frc~ Jacksonville, Florida, with said right-of-way of t~ ~ilway having a total wi&th of 1~O feet, being 50 feet on either side of the centerline of the Rail- way' ~ morthb~und main track. As shown on print of the Railw~y's plan Corr. File 31~-4 dated February 20, 1963 attached hereto and made a part hereof. And Licensee hereby covenants and agrees as follows: 1. That said appliance or fixture hereby permitted, shall be of the u~ual ~ and fltne~ for the purpose used and be put in a good and workmanlike manner. All construction or installation of all of Licensee's appliances or fixture~ shall be both commenced and completed within six month~ from date of this instrument and ~o reported in writing by Licensee unto Railway within said slx months or in default thereof this IAcense Agreement shall ~3nd automatiml~y terminated without any notice or action by Railway. 2. That if said appliance or fixture ia a pipe, to extemi under the track of the Railway, the same shall be located not le~ than 8.5 feet below the bottom of ~ia~ in a~w..h traclm, a~l properly safe-euarded as may be neoe~a~ or a~ required by ~Ailway; ~,~~~~ / kg/ .3. That if a license is hereby given for a telegraph, telephone or other signal line or lines, then any crossing of the same over or under Railway's tracks, shall be constructed and maintained in conformity with Part One of Rules, Regulations and Specifications governing the construction and maintenance of telegraph, telephone and other signal lines over or under the tracks of steam railroads in the State of Florida, adopted by Railroad Commiseioner~ of the State of Florida, on May 7, 1924, effective August 1, 1924, and all amendments thereto. 4. And if a liceu~ is hereby given for an electric light or power line or lines crossing over or under tracks of Railway, then such crowing shall be constructed and maintained in conformity with Part Two of Rules, Regulations and Specifications governing construction and maintenance of electric light and power lines crossing the tracks of steam railroads in the State of Florida, adopted by Railroad Commissioners of the State of Florida, on May 7, 1924, effective August 1, 1924, and all amendments thereto. 5. The Licensee shall with thirty (80) days after date hereof, obtain all necessary permits, licenses and franchises required by law. Whenever under this agreement Licensee's power lines cross or are located within ..................... feet from any lines or wires of Western Union Telegraph Company, Ameri- can Telephone & Telegraph Company and Southern Bell Telephone Company on the right of way of Railway Licensee' shall at all times prevent interference in any way with the construction, maintenance or operation of such crossed or adjacent telephone and telegraph wires, and in such event, Licensee shall adopt, use and maintain the best known and most effective methods to protect the aforesaid telephone and telegraph wires and lines from physical hazard and inductive interference. 6. That said appliance or fixture of the Licensee shall not at any time interfere with or endanger the track, roadbed, or other property of the Railway, or the operations, maintenance or improvements of the Railway, or of any other party, thereon; and Licensee shall at its own expense, on notice from said Railway, forthwith change, improve or repair such appliance or fixture as may be prescribed by said Railway. 7. That if Railway in its discretion shall give notice in writing to Licensee of the cancellation or termination of this agreement, Licensee will at its own expense within thirty days after giving of such notice, remove said appliance or fixture of the License, from the right of way and property of said Railway, but such removal will not be required by Railway so long as Licensee complies with thi~ agreement, unless it becomes necessary in the unrestricted judgment of Railway to require such re- moval in the operation, protection, maintenance or improvement of the Railway's property. 8. That upon Licensee failing to completely construct or install as provided in paragraph I or aban- doning or ceasing to use and maintain said appliance or fixture herein specified, or upon the cancella- tion and termination of this agreement as herein provided, or upon the accidental or other breaking of said appliance or fixture causing damaa~ or danger to tim Railway's roadbed, tracks, or otbar property, Licensee shall and will at once r~nov~ ~aid applian~ or fixtur~ amd restore th, premi~ to it3 former good condition or at once rmpair such brmak or damag, at it3 own cowt and expense; and fmlllng mo to do, the Railway may make mtteh removal or restoration at th, cost and ~xpmmmm of Liemmmmm. 9. That Licmmm ~ ~ will ea~, dura notre, to he wiv~ to tim ~ilway wl~m ~ or it3 contrmctor or an3,mmm ~ mskar Ltmmam~ pa~mmmm to mm~ mpmm o~ etas ti~ trmekm, romdbmd and 10. Tt~at Licensee, its successors, or heirn, and asigns, shall and will, at all times h~reafter in- demnify and save harmless Railway, from and against all suits, claims and judgments, and all loss, damage, costs, charges and expenses, which they may suffer, sustain or in anywise be subjected to, either on account of loss or damage occurring to said Railway or to its roadbed, tracks, cars, engines and other property, or any loss or damage occurring to said appliance or fixture or other property of Licensee, or any loss or damage occurring to property of others, not party to this agreement, whether or not such property be in the custody of Licensee or Railway, or on account of death, personal in- juries or loss to any employee, whether of Licensee or Railway, or other person holding Railway re- sponsible therefor, arising out of, resulting from, or in any manner caused by, directly or indirectly, the location, construction, maintenance, operation or presence of the herein licensed appliance or fixture of Licensee on the right of way and property of Railway. The indemnities herein provided shall in- clude, but not be limited to, any loss, claim, damage, suit or judgment occasioned by automobiles, trucks or other vehicles of any person whomsoever parked or operated on or near the Railway's tracks arising out of, resulting from, or in any manner caused by, directly or indirectly, from use by the Licensee of the privileges herein given. 11. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising, protecting and restoring the property of the Railway by reason of operation of Licensee. 12. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be binding under any cir- cumstances. 13. Licensee agrees to pay Railway, upon the execution and delivery of this agreement, the neces- sary amount of documentary stamp taxes required to be affixed to this agreement under the laws of the United States of America, the State of Florida, or both. 14. Licensee agrees that, if Licensee is herein required to pay unto Rail]~ay any su=m~Qf izloney as ~ne s~ may be specified on first page hereof, Licensee will pay unto Railway the in cash in advance for each year for which this agreement may be renewed or may remain in effect be- yond one year from date hereof. 15. Licensee agrees that it will, at its expense, adjust its said facilities to any physical change or additions made at any time by the Railway in its tracks, or the facilities on, or its property at this location. 16. Licensee agrees that its facilities shall be installed and maintained by and at the expense of Licensee in a manner that will not at any time be a danger to or interfere with the safe and efficient operation of the Railway's tracks or equipment thereon, that such work shall be subject at all times to the approval of an authorized representative of the Railway. 17. If Licensee be a municilmlity or a public or quasi public corporation then it agrees ttmt no assessment or other charg~ of any n~ture whatsoever zlmll I~ levied or mmic ~irmt the Railway or against its property on account of tim im~dl~t~o~ or ~ of IAemum~'s f~Aliti~ at this io~tton. la. SaJ d 10 inch cast iron wat~er main shall be installed and maintained by and at Licensee's exi~ense; shall consist of pipe in accordance with A.S.T.M.Specifi- cation A-377 or its equivalent, of proper class for the maximum ~ressure to be ca~ried in said pipe line. Said water pipe shall ce properly laid with bell and ~;~J.jot j~ints tightly and securely caulked with lead an~ oakum, or mechanical joinLs of a~ a?proved standard ty~e tightly and securely fastened, and upon com- p~e~ion of installation shall be properly pressure tested for the maximum pressure to be carried in said pipe line~ all subject to the approval of an authorized representative of the R ilwa~. ~9. Licensee agrees that the 20 inch steel casing pipe shall be in accordance with A.~.T.M.Specification Al39 and A.R.E.A. 1-~-13 for protective coating, that said casing pipe shall extend from right-of-way line to right-of-wa~ line of the R:.ilway. The section of said casing pipe extendimg through the roadbeds, and under the ~racks of the ~ilway, shall be installed by the Armco or similar Boring-Jacking ~ethod; no open trench excavation shall he made through the Rilway's roadbeds, and the top of said casing pipe shall be a minimum distance of 3.5 feet below the bottom of ties in the ~aLlwa,v's tracks at points of crossing thereunder. Those ~crtions of said cashng pipe located beyond the limits of the ~ailway's roadbeds may be installed ~y open trench excavation. 20. Licensee agrees that upon co~letion of installation of the carrier pipe and casing pi~e~ a pressure ~est for the ma~ pressure t~ he carried in said pipe line shall be made, the results thereof sha~l be to the entire satisfaction of an authorized representative of the Railway.. ~asing pipe ma~ be open at both emds if local c~nditions permit water from pessible leaks to discharge into a drainage ditch off Railwa~'s right-of-wa~, or if this is not practical the casing pipe shall be sealed at both ends and provided with a relief vent w~ich will discharge water from possible leaks into a ditch or sewer off the ~ailwa~'s right-of-wa~. The trench excavation on the ~%ailway's right-of-wa~ shall be backfllle~ in layers of a suitable material thoroughly compacted to the proper surface of the ground~ all at the expense of Licensee and subject to the approval of an authcri~ representative of the Railways 21. It is agreed between the parties hereto that certain employees of the ~ailwa~ are on strike and that on account of such strike ~ailway Cumpan~ may mot for a con- IN WITNESS WHEREOF, The partie~ hereto have caused the~e presents to be duly executed in dupli- cate the day and year first herein written. Signed, sealed and delivered in pre.rice of: Florida Eazt Coast Ra/iway Company. .................................................................... By: ........ (~eal) Vice Preaident. Witneaeea as to Railway. CITT OF ]IELHA! ~2~CH, FL&¢~) / Oity Clerk Wt~ ~ ~ ~ ~ ~~) siderable [~riod of time be able to prowid~ at the place where the work will be performed a representative ~f the Railway CcmpanF to superwise the installa~io~A oi' the appliances, devices or equipment of the Licensee ~ereinabove &:scribed. If ~ailway Company is 3o unable to provide such representative at the site of the work, then at the end of months frca~ date hereof, the Licensee may demand treat mailway reI~nd to Li~:ensee any sum of mo~ey heretofore paid mailway by Licensee ~,~rsuant to ~his instrument. U~mn refund being made all further liabilitY of either ;~arty to tae ether shall cease and terminate. , .,~.~ ~. . ~ . " ., i ' ~ ; '-' --- --7 :,~.