64-EERESOLUTION NO. 64-EE
WHEREAS, The FLORIDA STATE ROAD DEPARTMENT is
presently engaged in a project involving lhe construction of a certain bridge
in the vicinity of S.E. 15th Avenue, in lhe City of Boynton Beach, Florida;
and
WHEREAS, in connection with said project, the relocation of
certain public utilities owned by the CITY OF BOYNTON BEACH, FLORIDA
will be required; and
WHEREAS, the FLORIDA STATE ROAD DEPARTMENT has
submitted to the CITY OF BOYNTON BEACH, a proposed form of Utility
Relocation Agreement setting forth the respective rights, duties and obliga-
tions of the parties concerning this project, a copy of which agreement is
attached hereto and hereby made a part hereof; and
WHEREAS, the City Council of the CITY OF BOYNTON BEACH
FLORIDA, deems the acceptance of the provisions of said Agreemenl to be
in the besl interest of the inhabitants of the Cily,
NOWj THEREFORE , be it resolved by the City Council of the
CITY OF BOYNTON BEACH, FLORIDA, thai the provisions of the attached
Utilily Relocation Agreement between the CITY OF BOYNTON BEACH,
FLORIDA, and the FLORIDA STATE ROAD DEPARTMENT, are hereby
accepted and approved, and the Mayor and City Clerk of the CITY OF
BOYNTON BEACH, FLORIDA, are hereby authorized to ex¢cu~said Agreem~
on behalf of the CITY OF BOYNTON BEACH, FLORIDA.
PASSED and ADOPTED this ~Otk day of July, A.D. 1964.
(Corporate Seal)
ATTEST'~~~/
City Clerk
Councilman
Councilman
State rio ad
q o'inty
South 1%, Ave.
UTILITY
(For relocation of Utilities
from private property rights
to right of way only.)
'i~IS AGREEMENT, made and entered into this
.. d~ of June .,~
by and between the STATE ROAD DEPARTMENTj a component agency of the
~.'~' e of Florida, hereinafter called the DEPARTMENT, and
c,~ Bopnto~) Beachea ,municipal corpormtion
.... '~"poration organized and existing under the laws of Florida
its principal place of business in the City of Boyn~on Beach
_ ~,~.~ of Palm Beach
, State of . FlO,,r,i. da' , ,
, hereinafter
led the CC/4PANY.
WI~SSETH: That whereas the Department is constructing, reccn-
~?~.::,~ting or otherwise changing that certain Road No. So%lt~ 15 Ave. ~
(2601~
~: ;~ore Specifically described as being Section93509-6bO1 , locate~,
~:: ....... Palm Beach County; and that it further requires that there oe
City
a relocation of certain utilities Oelonging to the ~mm~, said uti'.~.it~es
t<. be relo, cat~,:.., being further deecribed as a 10' water main runnin~ from
~' ,~asterly r/w line of State Road 5 east to the w,~suerl~y r/w ].in,,
c, .' .3tace Road AXAo
, abandoned in place within
A.~I U!~P~SAS, the said utilit/es are %o be ~ that certain part
of property '~lghts of the Company onto the right of wav of the Dep.~art-
said property r~ghts being further described as two ~
,~t ~d west of ~e ~tracoastal Wate~ay ~ f-~,rm~.t
crossinq of ~e ~tracoas~l Wate~ay along the ~:~'o~sed r/
extend~ eas~ard from State ~ad ~.
:'J~D WHE?J~S, the plans for the said construction, reconsbruction
or other changes to be made, as above described, have been reviewed by
Cit'
th~ De~rtment and the 6e~ said above described utility relocation
t,o hereinafter be designated as "Relocabion Work,"
A~ WHEREAS, the term "cost of relocation" shall include the
City
entire m~Ount paid by the %~ properly attributable to such relo-
cabion after deducting therefrom ~ny increase in the value of the new
facility and any salvage value of materials recovered fr~m the old
£ acili ty,
NOW, THEREFORe, in consideration of the mutual undertakin~ as
herein set forth, the parties hereto agree as follows:
City
1. The ~ agrees to perform the said work as set forth
in the estimate mud sketch attached hereto and made a part hereof,
, Cit~
the Department agrees to reimburse the Ov,;~p--~- for the cost of said
work as hereinafter provided. It is understood a~d agreed by ~ld
between the parties that preliminary engineering Costs not incorporated
within tkis agreement shall not be subject of ps~ment by the Department.
~,_~, ~ further agrees to do all of such work with its own forces
City
or by a centractor psid ander a contract let by the ~ym~y~ all under
~he supervision and ~pproval of the Department. The cost of the con-
struc%~on, reconstruction or relocation work to be p.erformed by the
' ....... ~ .... is estimated to be 3,
City
· /!ii wt, rk ~er!"~r~,~~. h.v L[~ ~ purs~ar.% h,~retc,
· "" ]w,~,~. ~-c.~r]2 ':j : [a~::~ az ~. ;~ e~ i :'. 'at qnS ~?~.~ ?',-''' ~''. t.k-
the opera~o~ of ~ne c!d fact]it) ~mti.1 ~he r,c~
' ~cii~'' :.: ~: :-,'t'~or, ing. (if the old :'aci. llty mtu~t re~,ain in op~£ation
facility is f'm?ti::~ing ~ndi~ate +hr~ rea,~on below.
Cit~,~,
~. This proposed new facility installed in the ~ system
,..~.~ ~ - ~ remain in useful ,ervice beyond the time when the over-
ail. (ai~,? £acil±ty, of which it is a part is replaced. (If the
~cilit~ will .~,e~.ain in. u~eful,, service, as _..ab:ye~. or if an entir, ~:____new
faci/it,)~ i~ c?nst ,~ucted and ,.the old f~ci.lity ,.retired; c~redit f r extended
ser-~ce life applies. Insert amount credited below and show computation
~! ereof o~ the supporting estimate. If the new facility ~ill net remain
in useful servlce as above~ indicate the reasons below. ) . _
g. It, is specifically agreed by and between the Department and
th~ U%ill~x-~ .... that the Department shall receive falr and adequate
City
credit for any salvage which shall a~crue to the ~ as a result cf,
~bo.v~- relocation work.
6. ~,t, is further agr~ec ~: , ,ne cost of all
City
<lurSn~ .,,].,, relocation wor~. :q~:-~.. k. Porr,~ by the ~~
C i ty
.'r?r ' ~letion ~f th~-. work ~he 6~ ~hal.k, ~ ~n~
-~ "~; fln~ ~,d c~le~.,e billir~ ~f ~1 ccst. ink. red ~n r~n~r~:~
wi~h tn~ ~rk perfo~ here~der, such statist ~ fcll~w a~ ~]., ',~k,~
m~ ?,~ssible the ord~ of the It.s :~:ont~ned ~ the est~ale attached
hereto. The ~t~s for l~er~ ov~he~ tr~ e~se~ tr~sp_~rtation~
eq~:ipment, mate~ ~d supplies, h~dli~ ~sts~ ~d other se~ce~ sh~
b~ show~ in such a m~er ~ ~ll pe~t re~ co~son wi. ~r. ~e ~v~
pl~,s ~d estates. ~teri~s sh~l be ite~z~ wh~e they repr~eh*
::a~;:~r co.orients or ~st in the relocation~ follo~n~ the ~at~ set
~:~t in the ~prov~ estate ~ c!o8e~ ~ possible. S~v~e credits
f~m recover~ ~ r~l~ pe~er.t ~d recover~ t~r~ materi~
~n~l ~e repcrt~ in s~d bi~ in relative posit~n ~ the ch~ge
the orig~:.al charge for temporary use.
~he final billt.~g shall ,~hc..w the description aud site of the
~r~.ject; the date on which tko first work wa~ performed, or, if pre-
4i?a.n~ry ~ngineering or right of w~y items are xnvolved, the date
~.~ ich '.he earliest item of billed expense was incurred; the date on
~:;h the last work was performed or the last item of billed expense
b~ lied
.... %u.ed~ and the location where the r~cords and accounts
be made in the biiiir, g
be audited. Adequate reference shall
Ci t'./' s
.~ ,~m~ records~ a~-counts 8nd :~ther relevaxlt docuP, ents. .
{~ FecoPd$ and accounts sh'~ll be subjecf t,n ~udit by a
City
'?.n~ ?hell retain ten per z~n? "rom any progress t.~vments %ha~ ~,8.v be
...... ~'OF .,,.h~ parties hereto have caused th~s~ pr~errts
* i
:~,.~is nero~,-~ %~fixed, the d~ ~d ye~ first ~ove
~ ~ to ~he Department
STATE ROAD DEPARTNE~fr (.F FMRI?,~'
BY ~ , , · , --
"' Executive Director
(S~L)
ATTEST: ,
Secretary
i'~s to the~ee~- City