R66-QQRESOLUTION NO. 66-QQ
WHEREAS, the City Council of the CITY OF BOYNTON BEACH, FLOR]
did on January 18, 1965 enact Resolution 65-H~herein and whereby
said City Council did authorize entering into an agreement with
the Florida State Road Department providing for the City to be
responsible for the required relocation of all public utility
facilities connected with a certain construction project involving
the installation of a certain storm drainage system on that portio
of North Second Avenue (State Road rRB04) lying between the Seaboar.
Airline Railroad and State Road %5 within said City; and
WHEREAS, the City did enter into such an agreement with the
Florida State Road Department on January 18, 1965; and
WHEREAS, prior to proceeding with subject project, the Florid
State Road Department has requested the City to renew and ratify
the terms of said agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C]
OF BOYNTON BEACH, FLORIDA:
1. THAT the provisions of Resolution 65-H of the City of
Boynton Beach, Florida, and the contents, terms and conditions of
the utility relocation agreement entered into pursuant thereto wi~
the Florida State Road Department with relation to a certain storm
drainage installation project on North Second Avenue (State Road
~804) within said City, are hereby renewed, ratified and confirmed
as initially enacted and executed.
PASSED AND ADOPTED this 5th day of September, A. D. 1966.
(CORP. SEAL)
City//Clerk
Form No. RW 005
FLORIDA STATE ROAD DEPARTMENT
CITY RESOLUTION
NO. 65 -H
j' ' ~:i3.---I .... ~l~ .... 6~)1 S-804I p._l m Beach 5 L:~01[ -
A RESOLUTION, AUTHORIZINO EXECUTION OF AN UTILITIES AOREEMENT FOR THE
ADJVSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-
OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION
StIAI, L TAKE EFFECT·
ON MOTION OF~~r (Councilman~ , seconded bY
(Councilman) , the following Resolution was adopted:
WHEREAS, the State Road Department of Florida has located and proposes to construct or reconstruct
from 3e~boaxd Air Linc RailFay' East to State ;Ri~~ in Boynton Beach;
a part of State Road S-804 ~
WHEREAS, in order for the State Road Department to further and complete said project, it is neces-
sary that certain utilities and/or facilities within the Right of Way limits of said State Road
be adjusted, changed or relocated; and
WHEREAS, the State Road Department having requested the City of Boynton Beach ,
Florida, to execute and deliver to the S~aie Road Department a Utilities Agreement, agreeing'to make or
cause to be made such adjustmen~s~ -:?., g~s or relocations ,)f said utilities and/or facilities as set out in
said Agreement, and said re ~'~ na4ng beeu duly considered;
NOW THEREFORE, BE i_ f. ~L- ~D .:, the (:ity Council of the City of
Boynton Beach Flor,da, that the Mayor ano t..:erk (City Manager) be and they are hereby
authorized and directed to ~-,~e, execute and deliver to the S+ate Road Department a Utilities Agreement
for the adjustment, ck::ng~. ~,r relocation of certain utilities within ~he Right of Way limits of said State
Road S-804 Section 9261;O-~0~ ;
BE 'IT FURTHER RESOLVED that a certified copy of :bis Resolution be forwarded to the State Road
Department at Tallahassee, Florida. Passed and Adop~e0 January 1 8, I
CiTYOF BOYNFO", ' ".] ',' RIDA
(Corp. Seal)
'~"'" ' , 41 ].' ~r
CITY OF BOYW[DN BEACH
COUNTY OF PALM BEACH
I HEREBY CERTIFY that the foregoing is a true and correct copy .of ~.
City Council of the City of Boynton
at a meeting of said City Council , held on this 18th day of
196 5.
hand and seal on this
day of
BY
J, anuacx, , A. D. 196 5.
~t~e City of
Clerk (City ~a~er)'
B,":~'~on Bev. ch , Florida.
~ ~l~orm ~o RW 004
CITY
FLORIDA STATE ROAD DEPARTMENT
UTILITY RELOCATION AGREEMENT
---c~U-n-~' ' i-* Section _l_ __U--t!litY Job No. t State Road No. i County Name I Par_c_ei ~*R/%V Job ~o.
I z . oz t '-'
THIS AGREEMENT, made and entered into this 1 8th day of January, , 1965, by and
between the STATE ROAD DEPARTMENT OF FLORIDA, hereinafter referred to as the DEPARTMENT,
]~0~ ~ , a munlelpal eorporation, herelnafte~ refer~ ~ ~
a~d the C{T¥ OF
the CITY.
WITNESSETH:
WIIEREAS, the DEPARTMENT proposes to construct or reconstruct a municipal connecting link State
Road, which road ii known and described as follows: State Road S-801* from Seaboard Air Line
Railway East to State Road 5' in Boynton Beach, '
and,
WHEREAS, in order ~ facilitate such work it is necessary that provisions be made for adjustmenT.
change or relocation of certain facilities and/or utilities within said CITY (and owned by the CITY,
whether within the corporate limits thereof or not) and located within the right of way of said municipal
connecting link State Road or appurtenances thereto, viz:
Any and all water mains, fire hydrants, sanitary sewers, gas mains, fire and polise call
systems, telephone, electrical and telegraph systems, including poles, pole lines and unde.r-
ground faci]ities thereof, and any other utilities and facilities within such right of way.
NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the
other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mu-
tual covenants hereinafter contained, it is agreed by the parties as follows:
I. That the DEPARTMENT will provide at its expense for the construction, reconstruction, change or
rep}acement of all drainage structures necessary to properly drain said municipal connecting link Stat{{
Road within the said CITY, but not otherwise.
2. That in consideration of the DEPARTMENT'S undertaking the construction of said municipal con-
necting link State Road, which will be of benefit to the CITY and its citizens as a CITY Thoroughfare, the
CITY agrees to make or cahs,, to be made all necessary adjustments, relocations or changes of its facilities
or utilities where located on public property without cost or expense to the DEPARTMENT; and further to
enter into all necessary agreements or arrangements with privately owned utilities wherever situated within
corporate limits, so as to require such utility owners to also make all necessary adjustmenL% relocations or
changes of their facilities o~ ~tilities, in order to comply with the plans, designs and specifications of the
DEPARTMENT for the construction or reconstruction of said municipal connecting link State Rorat,
prior to the advertising for bids on said project, and file the same with the DEPARTMENT before ~uch
date, such agreements to provide for:
]. Covering procedure for coodinating the work;
2. Minimization of delays;
:~. Mefhod of 'riving at compensation to contractor for delays occasioned by the .tility's operations;
4. The CITY'S agreement to pay compensation so determined; '
5. An arbitratkn clause naming the State Highway Engineer the arbiter and agreeing to
~i'abide, hy his decisions.
3. The CITY further agrees that said adjustments, changes or relocation of said facilities or utilities
will be made by the CITY. or privately owned utility companies, with sufficient promptness so as to cause .
no delay to the DEPARTMENT or it~ Contractor in the prosecution of such construction or reconstruction
work. The CITY further agrees that in the event the changes, adjustments or relocation of such facilities or
ulilities shall be (lone simultaneously with the construction project, that it will reimburse, or cause the
privately owned utility companies to reimburse, the contractor directly for any just claim due to delays
caused by the CITY'S or privately owned utilities companies' operations or hindrance to the contractor's
efficient prosecution of the construction work.
4. It is mutually understood and agreed between the parties hereto that the CITY shall assume the
sole responsibility for the necessary adjustment, change or relocation of all of said facilitie~ or uti!ities,
whether the same be publicly or privately owned; it being the intent of the DEPARTMENT that the CITY
shall enter into all negotiations and agreements with privately owned utility companies to accomplish this
purpose, and to see that the CITY, the DEPARTMENT and/or its contractor shall be fully protected, de-
fended and indemnified against any failure on the par t of such companies to properly and promptly perform
the necessary work required of them by virtue of such construction or reconstruction work.
5. The CITY further agrees that the State Highway Engineer shall act as arbiter in decidiug all que~a-
tions, difficulties or disputes of whatever nature which may arise under or by reason of this A.greement, and
his decisions relative thereof shall be final and conclusive upon all parties.
6. The CITY further agrees that it will maintain and keep in repair, or cause to be mainL'dned and
kept in repair, i, ll of such adjusted, changed or relocated facilities or utilities xvithin the right of way of
said State Road, to'comply with all provisions of law and of ~he DEPARTMENT'S manual with amend-
ments and specifications for traffic control routing and parking and to conform with the regulations of the
DEPARTMENT pertaining thereto.
7. It is mutually agreed that any attached map or sketch showing any such facilities or utilities to be
adjusted, changed, or relocated is made a part hereof by reference.
8. The CITY further agrees lo indemnify, defend, and save harmless and exonerate the DEPART-
MENT of and from all liability, ;~,ims. and demands for contractual liability rising m~t of the work under-'
~ken by the CITY, its em~doyec~, agents, representatives, or i~ subcontractc ,s ~r arising out of any other
'oper:ttion, n,, matter by wi~e p,q-formed, or on behalf, or in conjunction w~n ,~rk h, be c~rdinated by
thc DEI'AIITMI';NT wilh otherson the same job, oradjaccnt thereto, whether or not (lu,' m whole, or in
part, t. c..(liti,,ns, actions, or omissions (lone, or commilted by tho (~ITY. or it~ -, ~,,.,mtractors. its
eml,l,,y.es, agtqlla, r,.i,r,,sentatives, or its subcontractors.
IN WIq'NESS WIII';I~I':~IF', the parties hereto have caused this instrunmn~ t,, he duly cx~'uted, the day
t,~,' Iq '.,
STA'I'I,: lit)AD I)EI"AICI'MIqNT ~11.' I-'I,ORII)A
llY:
Executive Dir,.ctor
ATT F, ST: , SI.; A !,)