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68-CR E S O L U T I O N No. 68-C BE IT RESOLVED BY the City Council of the City of Boynton Beach, a municipal corporation of the State of Florida as follows: 1. That the City of Boynton 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 wherein and whereby said City of Boynton Beach is given the right and privilege to use as public road crossing and sidewalk crossing purposes only that part of the right of way and property of said Railway at the location more fully described in License Agreement attached hereto and made a part hereof. 2. That the Mayor with the attestation of the City Clerk, be and they hereby are each authorized and directed to execute said agree- ment for and on behalf of said City of Boynton Beach. 3. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED THIS ZO%i-~day of May, 1968. (Seal) CITY OF BOYNTON BEACH, FLORIDA M~2~~~~ or Vinci. { J.~a~I~ ,~9~?~ , Vice May Gilbert H. Collins, Councilman Lc&nard E. ~ylund, {~6nc~'lman Thomas A. Summers, Councilman 'Mrs. Te~eesa P~t~: Ci~ Clerk THIS AGREE~,~NT, M~de and entered into in duplicate this . ~ / ~ day of ?'~,':~./ ,A.D. 1968, by and between FLORIDA EAST COA~P HAIL- ~W.AY C0~NY,,/~s Florida corporation, hereinafter called "Railway, and ~CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida (Address: 120 N.E. 2nd Avenue, Boynton Beach, Florida, 33435), hereirmfter called "Second Party"; W IT NE S SE T H: That said Rail~ay, for and in consideration of the covenants and agreements herein contained to be performed and kept by Second Party, does here- by give and license Unto said Second Party ~he right and privilege to use as a~ crossing for public road and ~idewalk crossing purposes only, that part of tha right of way and property of said Railway in Palm Beach CoUnty, Florida, at the location described as follows: A'fifty (50') foot strip of land across the right of way of the ~silwsy at S.E. 15th ~venue(~oolbright Avenue) more p~rticularly described as fo!lows.~ A p~rcel of land measuring 40 feet northerly from the south- erly line of ~ection 28, Tsp. 57 S., ~nge h3 E., and extend- ing easterly ~nd westerly across R~ilway.s 75 foot wide right of way AND a parcel of land measuring 10 feet southerly from the northerly line of Section 33, Tsp. 57 S., Range 43 E., and extending easterly and westerly across Railwsy's 100 foot wide right of way; with the longitudinal centerline of said 50 foot strip of land intersecting the centerline of Railway's northbound main trsck at a point located eight hundred thirty- three (833') feet, more or less, southerly from Railway's Mile Post No. 313, as measured from Jacksonville, Florida. As shown on Railway's Print No. 313 + 833', dated April 22, 1968, attached hereto and made a part hereof. TO HAVE AND TO USE the said rights, privileges and licenses solely unto the Second Party for the term of one (1) year from date hereof, subject to renewal as provided in Paragraph 9 hereof, or Until terminated as hereinafter provided. In consideration of the rights, privileges and licenses hereby given by Pailway unto ~econd Party, ~econd Party covenants and agrees with Rail- way as follows: 1. That said crossing shall be used f~r public road crossing and sidewalk crossing purposes only across Railway.s msim tracks, and no pipe, wire, rail or other line or str~cture shall be placed in or on sai~ 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 labor r~quired for and per- form all work in connection with construction, opening, widening,-improv- ing or extending and maintenance of said crossing and sidewalk from right of way line to right of way line of the Railway, as herein described, including mhe portions of said crossing and sidewalk over and across the Rsilway's existing or future tracks and over and between the ties therein. The P~ilway reserves the right to perform the installation and maintenance work on the timber ~flangeway portion of said crossing over the track struct- ure, the expense of which is to be borne by ~econd Party. That P~ilway shall provide a flagman at the above described crossing while work is being per- formed by ~econd Party thereat under the provisions of this Agreement, all at the cost.and expense of ~econd Party. 3. Second Party agrees that it will install and maintain all necessary dreinage facilities to prevent accumulation of surface water due to the existence of said crossing and sidewalk, 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 thereover; operation of these facilities shall be subject at all times to the approval of such representatives and authorities. 4. Whether required by law or order of a~y public authority, or desired by ~ilway as a matter of management, Railway reserves the right to make any desired changes at any time in its existing tracks or other facilities, or to install, maintain and operate amy additional track or tracks or other facilities on its right of way at said crossing and sidewalk, and Second Party agrees to bear the entire expense of any changes in the p~ving or additional paving required on account of such changes or installat- ions made by the Railway. Provided ~econd Party shall not be required to pay any part of the cost of construction of a railroad track for any single industry. ~. ~econd Party shall not take any action that will prevent or tend to restrict the operations of trains over said crossing and side- walk. -2- 6. Second Pa, rty agrees to ir~emnl fy way from assessments or other charges of any kind whatsoever agains~ the f'ail- way at any time for any portion of public improvements installed on or within 200 feet of said crossing and sidewalk or arising out of the existence of said crossing. 7. The provisions ar~ ~,,lations of this Agreement are a part o.£ the consideration of the licensing of the above privileges and crossing and sidewalk, and in the event the said Second Party shall fail to. comply with any of the covenants and conditions, then this license shall be void and said described crossing and sidewalk shall terminate, with full right on the part of the Railway to re-enter and repossess and remove the same if it shall elect to do so. 8. Second Party hereby grants unto Florida East Coast .Wailway Company all necessary pe~nits for ~he installation, construction, erection, repair and maintenance of any of the facilities, work or fixtures mentioned or contemplated in and by this Agreement. 9. Tt is further mutually agreed by and between the parties hereto that as this Agreement is for the ~erm of one (1) year, if said Second Party holds over and remains in possession of the hereby licensed privileges after the expiration of such term, or of any renewals thereof, this Agreement shall be considered as renewed unless sixty (~0) days written no~ice of the terminat- ion of ~he same has been or is given by said ~ailway and shall continue in effect from year ~o year, subject to the same terms and conditions as herein contained. 10. ~t is agreed that automatic crossing protection devices consist- ing of T-Red Signals with bell have been installed by and at .~he~ sole cost and expense of the Railway. and ~het Sebond Party, s traffic, s.ignals are synChronized w~th said aUtomatic crossing p~otection devices. That said automatic crossing protection devices shall be owned by ~he Rai~ay at all times and shall be main- tained by ~ailway at the cost and' expense'of Second Party. 11. Tn the event additional crossing protection, as may hereafter be rec~ired by the laws of. the State of Florida or required by any governing body having power to ~romulgate or enforce regulations, at the crossing herein- above mentioned, or if required of the parties hereto, such protection shall be .instmlled at the cost and.'expehse of SeCond. P~ty. Page 3. 12. Second Party does hereby agree to pay unto the Railway the sma of Ten Dollars ($10.00) to cover the first annual term hereunder~ and the ~arther sma of Ten Dollars (~lO.00) for any renewal term, which shall be psy- able at the commencement of each such renewal term. 13. 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 follc~Ting terms and conditions of the tw° (2) pages attached hereto and made a part hereof entitled, "IN~,~,~TY TO FLORIDA EAST COAST P~II~'AY COMPANY AND CONTPACTUAL LIABILITY ENDOP£E~$3NTS TO CONTP~CTOR,S PUBLIC LIABILTTY AND P~0PERTY DA~GE LIABILITY INSUPA~CE POLICIES DURING SUCH I~)E~.~I~IES", and, "INSURANCE FOR BE .NU~FIT OF FLORIDA EAST COAST RAILk~AY CO.ANY TO BE OBTAIN, KEFT IN FULL FOrE AND EFFECT AT COST OF CONTRACTOR". lb. It is further mutually understood and agreed by and between the parties hereto that at the termination or the cancellation of this' Agree- ment, for any cause, or upon termination of Second Party's use of said cross- ing and sidewalk herein licensed, Second Party shall remove, at its entire cost and expense, all improvements placed by it upon the said Rsilway's right of way and restore the ground to its original condition. 15. Second Party shall and will cause due notice (at least one(l) week's advance notice) to be given to the Railway when Second Party or its contractor or anyone clsim~ under this Agreement proposes to enter upon the right of way or property of Railway to perform work under this Agreement or on s~id property of Railway in order that proper protection may be provided for frs ins. 16. This agreement cancels and supersedes that certain portion of that certain agreement by and between the parties hereto dated September 11, 1962, pertaining to S.E. 15th Avenue crossing, Boynton Beach, Florida. IN WITNESS WP~LWEOF, Florida East Coast Rsilwsy Company and the Second Party have each caused this instrument to be executed in their corporate names and respective seal~ to be hereunto affixed in duplicate the day first hereinsbove written by their undersigned officials thereunto lawfully authorized. Signed, sealed and delivered in t~m presence of: Witnesses as to Second Party FDO~WI~A E~ST~A~ RAIL,.qAy COMPAh~ President - CITY OF BOYNTON BEACH, a munig.~al corporation of the Stst~ of INDH5INITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSE~ENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAY,AGE LIABILITY INSURANCE POLICIES DURING SUCH INDE~INITIES. In further consideration of the sums of money herein agreed so be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless Florida. East Coast Railway Company from and against all suits, claims and judgments, and all loss, damages, costs, charges and expenses which Florida East Coast Railway Company may suffer, sustain, or in anywise be Subjected to on account of or occasioned by ~he 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, but not arising from the sole~ negligence of said Railway, its officers or employees, and up to the total sums of mOney.', as follows: A. On account of death, personal injuries, loss of income Or earning ability of any person, including without limitation on the generality of the foregoing description employees and' officers of Florida East Coast Rail~ay Company, employees and officers of materialmen employees and officers of the Contractor, employees and officers of all subcontractors, in the limits of $500,000.00 each person injured or killed, and $1,000,000.00 each accident occurrence. B. Loss, damage, injury and loss of use of any real or personal property {a) in which Florida East Coast Railway Company has any ownership interest and {b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations all railroad equipment commonly described as rolling stock and the contents of the same, all in the aggregate limit of $500,000.00. C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company occurring or originating during the first forty-eight hours from {but excluding the first five minutes) any break in the continuity or other obstruction of passage of trains {directly or indirectly arising from the Contractor's operations) upon said track or tracks as the case may be, of Florida East Coast Railway Company at or within one hundred feet of said location upon which the work is to be performed hereunder, the improvement, renovation, or repair of which is the subject matter of this construction contract, and also all expenses reasonably incurred by Florida East Coast Railway Company in and about the re-routing of its trains and cars to, via, and from the' lir~es of railroad of other railroad common carriers during the first forty-eight hours following any such break in the continuity of. said track or tracks as the case may be of said Railwa~ Company at or within one hundred feet of said are'as. In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at its cost and expense, shall obtain and keep in effect until ~cceptance of all of the work under this construction by City.of Bo~n. ton Beach 'insurance policy or policies 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 and within the limits specified in the foregoing paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construct- ion contract as aforesaid Railroad Protective Liability policies insuring Florida East Coast Railway Compan~ directly as insured against the losses and damages but within the limits specified . in the foregoing indemnity paragraph. Ail such insurance direct- ly or indirectly for the benefit of Florida East Coast Railway Cow~ar~Y shall be in~ form satisfactory to the A~ssis. tan~t Industrial Develonment and Real Estate of .Florida Eas_t Co__sst ~ ~ComPan~ or its _General A.ttorn~ and issued by a casualty insurance company authorized to do business in the State of Florida and having a ,Bests" rating of not less than Four ~'s or better. So long as such insurance so approved by representatives of Florida East Coast Railway Company shall remain in full force and effect within the limits specified in the foregoing indemnity paragraph, Contractor and any Subcontractor shall stand relieved of LiabiLities upon the indem~ities to Florida East Coast Railway 'Oompan~ specified in the foregoing paragraph. _ .. Upon motion duly made and seconded, the following Resolution was passed and adopted: BE IT HESOLVED BY the City Council of the City of Boynton Beach, a municipal corporation of the State of Florida ss follows: 1. That the City of Boynton Beach, a municipal corporation of the State of Florida, does hereby contract and agree to enter into an agreement with the Florida East Coast Pailway Company wherein and whereby said City of BoYnton Beach is given the right and privilege to use as public road crossing and sidewalk crossing purposes only that part of the right of way and property of said Psilway at the location more fully described in License Agreement attach- ed hereto and made a part hereof. 2. That the Mayor with the attestation of the City Clerk, be and they hereby are each authorized and directed to execute said agreement for and on behalf of said City of Boynton Beach. 3. That this Resolution shall take effect immediately upon its passage. STATE OF FLOriDA ) COUNTY OF PALM BEACH ) CIT~ OF BOYNTON BEACH) I, ~/¥/~::./. ~ City Clerk of the City of Boynton Beach, a municipal corporation~x~f~ the State of Florida, do hereby ce~-bif7 that the foregoing is a true and correct copy of Resolution unanimously ,dopted at a .- ~. q../~ ~..~i.~ meeting of the City Council of the said City of Boynton Beach, held on the ¢~.._..~day of ~ -;7.. A.D. 1968, and as said P~solution appears i~ Mi/~ ~B~ook .... of the minutes of said Ci~y of Boynton Beach, Florida. IN WITheSS :~HEPY~OF, I have hereunto set my hand and official seal of the said City of Boynton Beach, Florida. ~ity Clerk of the C~t~ of Boynton B'eac~, a municipal corporation of the State of Florida. FLORIDA F. AST COAST Pu'dLWAY COMPANY O?FICE OF INDUSTRIAL DF-VELCPMEi~IT .... A;ID P. EAL ESTATE ST. AU~U3;']~'tg, FLCP.;DA -B-°-:F~- -%-°- -n-'-B-e-a- -c-h* - - -: - - i ....... -~i:__FLOPJDA SCALE _%_"_"_l_.CK2__~ .......... DATE ~_-2.t_-~. ..... *~.~.__~_ _~_ _~__ _+__~_ !_ ............