Res 1462-63 RESOLUTION N0. 1~62
Upon motion duly made and seconded, the follow-
ing resolution was passed and adopted:
BE IT RESOLVED by the City Council of the City
of Delray Beach, a municipal corporation of the State
of Florida ~
1. 'That the said City of Delray Beach, Florida,
consents to and agrees to enter into an agreement
with Florida East Coast Railway Company, wherein and
whereby said City of Delray Beach, Florida, is given
the right and privilege of installing and maintaining
a 16 inch cast iron gravity sanitary sewer pipe en-
cased in a 23% inch steel casing pipe and a 10 inch
cast iron sanitary sewer pipe encased in an 18 inch
steel casing l~ipe across and under the Railway's
right of way and t~acks in the City of Delray Beach,
Palm Beach County, Florida, at the locations more
particularly described in agreement attached hereto
and as per Railway's Plans Corr. Files 317-103-1 and
317-103-2 dated September 10, 1963, all according to
the further terms and conditions of said proposed
agreement attached hereto and made a part hereof.
2. That the Mayor, with the attestation of
the City Clerk, be and they are each hereby authorized
and directed to execute the said agreement for and on
behalf of the City of Delray Beach, a municipal cor-
poration of the State of Florida.
3. That this resolution shall take effect im-
mediately upon its passage.
PA~SED in regular session on this the 30th day
of October, 1963.
WALTER DIETZ
MAYOR
ATTEST:
Form 221---RevisedI--Not for Stock
THIs LICENSE AGREEMENT, Made and entered into, in duplicate, thb
~y ~nd between Florida East Co~s~ ~a~]w~ Company, ~ere~na~er called "~flway" and
hereinafter called "Licensee", WITNESSETH:
$20.~ for
Thst Railway, for and in consideration of the sum of / and the covenants and a~reements
of said Licens~ hereinafter set forth, hereby ~ve to Licensee the right and privilege to construct, i~-
st~ll and main[ain certain ~ppliances or fixtures for such time hereafter as ~he
tion, sh~]l and may permit ss follows:
cRoss,,IJl3 1{o,. xl · x6 imob east iren gravity sanitary sewer pipe euoaeed in
a ?is lneh~ creel eaain~ pcLpe extendiu~ eeeterl~ fid westerlir
a~rosa tho Railwa~'. rifht of va,V mhd ude~ St. maLu trak. at a ~int leeatod
~ feet note e~ lea8 8auqh of tho Io.l~*e I~le Post Bo. ~.7 ~r~ dad~o~
Florida, with maid rifht of u~y having a tetal ridth of 100 feet, being %0 feet
eu each eido of the eeuter lin. cf tho ]~aibray'e northbound ~.ia traok.
b sh~ m ~nb of b ~~'. ~m Mu. ~. Files ~7-10~ ~ 317~0~2
~d~~ 10, l~3p ~~h~b ~ m~ a
And Licens~ hereby covenants and agr~s as follows:
1. That said appliance or fixture hereby permitted, shall be of the usual strength and fitness for the
purpose used and be put in a good and workmanlike manner. All construction or installation of all of
Licensee's appliances or fixtures shall be both commenced and completed within six months from date
of this instrument and so reported in writing by Licensee un~ Railway within said six months or in
default thereof this License Agr~ment shall stand automatically terminated without any notice or
action by Railway.
2. That if said appliance or fixture is a pipe, to extend under the track of the Railway, the same
~hall be located not less than 3.5 f~t below the bottom of ties in such tracks, and properly
safe-guarded as may be nec~sary or ~ r~uired by Railway
/
wilh.ut its prior written permission.
3. That if a license is hereby given for a telegraph, telephone or other signal line or lines, tb~m any
cr6ssing of the same over or under Railway's tracks, shall be c, mstructed and maintained in conformity
with Par( One of Rules, Re. gulations and Specifications governing tile construction and maintenancv
telegraph, telephone and other signal lines over or under lhe tracks of steam railroads in the State of
Florida, adopted by Railroad Commissioners of the State of Florida, on May 7. 1924, effective August
l, 1924, and all amendments thereto.
4. And if a license is hereby given for an electric light or power line or lines crossing over m'
tracks of Railway, then such crossing shall be constructed and maintained in confm'mity with Part
Two of Rules, Regulations and Specifications governing construction and maintenance of electric light
and power lines crossing the tracks o~ 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 (30) 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 (;ompany, Ameri-
can Telephone & Telegraph Company and Southern Bell Telephone Company on the right ot~ 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 he 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 w/thin thirty days after giving of
~uch notice, remove said appliance or fixture of the Licensee 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 this
agre~,ment, unless it becomes necessary in the unrestricted judgment of Railway to require such r~
moral in the operation, protection, maintenance or improvement of the Railway's property.
8. That upon l.icensee failing to completely construct or install as provided in paragraph 1 .r aban-
thming or ceasing to use and maintain said appliance or fixture herein specifi,~d, or upon the cancella~
t,i.n and termination of this agreement as herein pr:)vided, or upon the accidental or (.!her br~aking
said appliance or fixture causing damage or danger to the Rail~'ay's roadbed, tracks, or other property,
l~ic(:~nsee shall and will at once remove said appliance or fixture and re~;t()re the premises to its fo?mcr
good cc. nditi,m or at mine repair such break or damage at its own cQst ami (~xpcnse: and failing
do, lhe Railway may make such removal or restoration at the cost and expense of Licensee.
9. Thai: IAcensee shall and will cause due notice to be given to the Railway when l~[cense~, or its
c(mtractor m' anyone claiming under Licensee, proposes to enter upon or cros:~ the tracks, roadbed and
otht.r !>roperty of the Railway with such appliances or fixtures or for excavations therefor, in order that
l)r(>p~r protection may be provided for trains.
P a, GF
ltl That I2censee, its successors, or heirs, and asigns, shall and wilt, at ail times hereafter
demnify and save harmless Raihvay, from and against al! suits, claims and judgmonls, ami all
damage, c,'~sts, charges and expenses, which lhey may suffer, sustain or in anywise be subje.ted
either on account of loss or damage occurring to said Railway or to its roadbed, ~racks, cars. engines
and ,.~ther property, or any loss or damage occurring to said appliance or fixture or o~her W',q..rty
I.icensee, or any loss or damage occurring to property of others, not party t,, tbi~ al.rt'oemenl,
or nat such pr,~perty be in the custody ~f Licensee or Railway. or {m a.cou~ ,,t' death. 1,er~rmal ili-
,/,~ri.s (a' l'~s~ t~ any employee, whether of l.ieensee or ~aiiway. or ~ther 1,epson tmlding Railway
~pm~sik~le therefor, arising -ut of, resulting from, or in any manner caused i,y, directly or iudir~.ctly, the
location, c{mstruction, maintenance, operation ,.' presence of the herein licensed alotianc. ,,. fixture
of 12censee on the right of ;~ay and properly of Raihvay. The ir.b:mnities htq'~qn providpd shall
cI~.le, but not be limited to, any loss. claim, damage, suit or .jt~dgment ~)cca~,~,¢,d b5 atdt,mobiles, trucks
,u' ~tiwr v~ducles of an5 person whoms~,ew, r parked or operated on m' neat' ~})p }l::JIx~aS'~s lracks arising
out ~,f. t'est~lting from, or in auy manner caused t;v. directly r,r indirf,clly. ~'~'(}t'~ ~l~e lO' lhe I.icensee
the l~.ivileCes herein given.
11. 1.icensee covenat~ts t{, Imy Railway all costs of supervisi,m. !ab,.' and mat~..rial incurred },y
Railway in supervising, protecting and restoring the prop.try of the Railx~ay },y !easol'l of (q,erati,m
of Licensee~.
12. 'F},:-tt this agreement shall be binding upon the success, w~; or ti,e Ltql'~ a}i(I a.qsi{2'I}s of
and none of the cocenants or agreements herein contained shall be waivc~l or modified ex~ ci~l ~,5'
t,ar~i~.s beret,., in writing and nr~ allegvd verbal waiver or m(Mificaii~m shall t,t. hireling umt.r all)
~:.' [:nixed States (~f Am,~rica, the State ,~f Fl~rida. or both.
}~,';
18. Said 10 inch and 16 ~ ca~t i~n sewer mains s~ll be installed and
~aintaiued by at~d at Licensee's expense; ahall consist ~£ p£p~ ~ accord~me w~h
A. $. T. M. Specification A 377 ~r its equivalent, of pro~r class i'or ~he maximu~
pressure to be c~.ied in aaid pipe li~e. Said carrie, r pipes sn~Li be properly laid
with bell and spigot joi~ts ~tghtly an~ securely ~aulked ~it~A lead and oa2um, or
mehanical jointz of an approved st~ud~rd type tightly and sec~ly fastened, and
~letiea af imstallatien shall be properly pressure tested for t~e ~axixam~ pressure
te be carried lm s~id pipe li~es, all subject to t~e approval of An authorized repreaenta-
tire of t, he
1~. ~icensee agrees ~ tbs 18 in~ a~d 2~ l~ch steel cam£ag ~i~ ~A~LI
a~cordance wi%~ A.S.?.~. ~pecifica~io~ A 139 and A.~.E.A. 1-4-13 for pA~o~ec~ve coa~iag,
~ba~ said casing pipes shall ex~ead froa righ~-of-way liae ~o right-of-~y liras of ~he
~ilwa~. Tb~ aec%Acm of said ca~i~g pipes extemiiag t~r~ugb ~he roadbeds, and umder
~ ~ra~ o£ She ~il~ay~ shall be installed by ~he Amco or ~imil~ ~oring-~a~
mthod, no open ~each excavation shall be ~de ~hrou~ ~he Rai~wa~'s
~ose portion~ of maid ~As±ng pipes lo~ated beyond the Limits o£ ~he Railway's road~d~
~y be installed by open trench excava%ion.
20. ~¢e~ae ~ees ~t upon com~le~on of iHs$&ll~o~ o~' t~e c~ier pipes
a~ casing pi~ a pressure %sst for ~e maximum pressure to be carr£ed in s~id pipe
lines ~;:~11 b* ~-.a¢~.e~ ~he re~l~s thereo~' s?~il be to ~he entire ~t~s£a¢~i,n of an
authorized representative of the Railway. Caming pipe~ ~ be o~e~ ~ b~th ~ad~ if
local condi~ie~ ~_~1% ~t~.~ from possible lea~s ~o discharge in~o a drainage ditch
off ~ailway's righ~ cf way~ of if this is not practical, ~he c~in~ pi~s mb.~!l be
sealed at both ends ~d provided with a relief year which, will disch~.rge water from
possible leaks lmt~ & di$ch or sewer ~ff th~ R~ilway~s righ~ of w~. The
excavations on ~he Railway~a right of waY ~hall be backfii~ed in layers of a ~itahle
material t~oroughly ¢~pac%ed to ~he proper su~fa~e of ~he ~rou.~, all at the~ ~r~ense
of Lic~see and subJec~ to ~he approval oi~ an autnorize~, rep~'esen~ive of th~ R~ilw&y.
21. ~% £$ :'~u~ually agreed be%weea t~e pa~ties hereto t~ ad~it~to.~al paragraphs
22, 23, 24, and 2~ on ~he at~a~ed sheet are by t~ reference ~A~e a part of ~-ts
IN WITNESS WHEREOf, The partie.~ hereto have caused the:e
(.ate the day a~;d year first herein written.
its tracks~ facilitieo or property at thil location.
23. M~ ~es ~t itl ~er pi~a~ and c~ pi~s s~ll ~ i~t~led
~ m~~d by a~ at t~ e~ ~ ~ce~ in a ~r ~at ~ ~ at ~
~ ~ a ~ger to ~ in~rfe~ ~th ~ a~e ~ra~on of t~ ~i~ay's tra~ or
eq~t t~on~ ~at e~ work s~l ~ s~jeet at ~1 t~s to t~ ~ov~ of ~
~. ~ce~e f~r ~ee ~at ~ ~eea~at or ot~r ~ges ~ ~ ~
2~. It ~ ag~ed between b p~t~o he.to t~$ ~rt~n em~l'~ ~ ~ ~
~~ ~ on st~ a~ t~t cn a~nt of e~h at~ke R~5~y m~ not f~
~~ed a ~son~tive of ~e ~lw~ C~ to eu~se t~ irm~latim ~
b ~~so ~s or eq~t of t~ ~e~ee hereln~e desc~bed. If
~lw~ C~ is Io u~ble to ~~ ~ ~p~nt:~ve at t~ oi~ ~ ~ w~k~
~lw~ ~nd ~o L~Ce~ee ~ z~ of money ~~o~ ~d R~lw~ b~ ~eosee
~,~0~ I0, 1462
~ IT ~~D by ~ ~ty ~~ of ~e ~ty ~ ~ ~, a ~p~ e~orat~
~ ~ ~ta~ of ~r~
~ ~~nt ~ ~i~ ~% ~% ~lway O~~ ~re~
16 i~ c~t ~ gra~ty a~_,~t~ e~r pi~ e~md in a 24 i~h e~el c~i~
~ ~r t~ ~lw~e ~t ~ ray ~d tr~ke ~ the ~ty
~nty~ ~o~ at t~ l~a~s ~ ~i~rly ~oo~d in ~t att~d ~reto
~ ~ ~r ~lw~'a ~a~ C~r. ffi~e 317-103-1 ~d ~17-103-2 ~d ~~er 10~ 1963,
~ ~o~ to t~ ~t~ t e~ and ~ti~ of e~d ~po~d ~e~t att~d
~ ~d m~ a ~ he, of.
2. ~t ~e ~a~ ui~ ~e at~stati~ of t~ City C~rk~
~by ~ho~d ~ d~c~d to m~ t~ said ~mnt f~ ~ on ~h~ ~ t~ ~ty
3. ~t t~ ~aolu~on s~ t~e effect ~~~ up~ its p~s~e.
.- f . / ' /~/ V?A'LTE~ DiETT.
&TTEST;
/
~,)~he e~e a~r~ in B~k - , p~ = --- . . ~ ~e ~o~ of 8a~ City in my
off .ci~ cuet~y,
I~ ;fITlY:SS :,/~EOF, I ha~ ~~ set
in ~e ~tate, County ~d ~ty ~o~e~d~ ~ ~~ of<?. m ? ~ ~ [~ ~ .f' 1~3.
; ~,~, t: * ,
... , /M~le Post
~,' .,. iiO'R R.
E 4 ~ ST.-''~
,-- t ~ 1_~ Both EndS O( 51eev~
, I ~' 1- ,..-, ....
~ ". : F ~,~ ~ ~,.;
~ P~pe To ~e Located So
..~, . ;~ ~ ~" ~" .I.P, ~-' ~', "~"
o' 3 Cu. Yds. ~ ~,L *.~ B~..:.. '~' ,,
k- C rus bed ~k ' '. ,. :7
~"~ 50' Hot ~2. ~:, '~
~ ..................... I''= 5' Verf Co~r ~le ~17-10~-1 '