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Home My WebLink AboutR-1976-161 1 RESOLUTION NO. 161 A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE CITY OF DANIA AND THE SEABOARD COAST LINE RAILROAD COMPANY RELATIVE TO THE INSTALLATION AND MAINTEN- ANCE OF A WATER MAIN ACROSS THE RIGHT OF WAY AND UNDER THE RAILROAD TRACKS AT A POINT 1,375.6 FEET SOUTH OF MILEPOST SX- 10171 IN DANIA, FLORIDA) ACCORDING TO SAID AGREEMENT. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the pertinent officials of the City of Dania are authorized to execute an agreement between the City of Dania and the Seaboard Coast Line Railroad Company providing for the license to install and the responsibility for the maintenance of a water main , a line of 16-inch ductile iron pipe across the right of way and under tracks of Licensor at Dania, Florida, at a point 1 ,375 .6 feet southwestwardly measured along the center ~ line of Licensor 's main track from Milepost SX-1017, as set forth in the attached Agreement dated the 21st day of July, 1976, and providing that the costs and expenses shall be born by the City of Dania. Section 2 . That all resolutions or parts of resolutions , ordinances or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict . Section 3 . This resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED this 4_ day of ��, '� 1976 . �— Mayor-Commissioner Attest : City Clerk-Auditor 111r'PHU>' D Foli FORt.t /IUD CURREUI,WUIESS City A(!�rnry City of Dania, Fly t"�Ip Al 41 1R , Fores 35W,j,5 4: S G EM ENT, Made this 21st day of July 119 76 between the SEABOARD COAST LINE RAILROAD COMPANY,hereinafter referred to as Licensor,and the 'CITY OF DANIA, a'municipal corporation under the laws of the State of Florida hereinafter styled Licensee, WITNESSETIT: That Licensor,for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of which Is hereby acknowledged, and of the covenants and agreements hereinafter made and contained i#,;-on the part of Licensee to be kept and performed, hereby grants unto Licensee the right or license to Install and maintain,for the purpose of a water main, a line of 16—inch ductile iron pipe across the right of way and under tracks of Licensor at Dania, Florida, at a point 1,375.6 feet southwestwardly measured along the center line of Licensor's main track from Milepost SR-1017; as shown in green on print of drawing dated March, 1976, attached hereto and made a part hereof; said right of way being as indicated on said print. ji And Licensee hereby covenants and agrees in consideration thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Division Engi- neer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe shall require repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the failure of Licensee so to do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of Licensee to make repair or renewal within thirty days after such notice, Licensor may make all necessary repair or renewal At the cost of Licensee, which cost Licensee hereby agrees to pay on demand. 2. Licensee shall Install and maintain, above ground and in a manner and at such locations as may be designated by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership of said Pipe. Licensee will, at its expense, at any time, upon thirty days' written notice given by Licensor, change and alter the location Of said pipe to conform to any changes or improvements that may be made by Licensor in its tracks or roadway at said location, or to permit the utilization of Licensor's right of way, or other lands, for the COnetructiOn of tracks, buildings or other structures. .' lronr>f610 • Bar.J®..+97E--Sheet l.b S...�.icensor shall not be responsible in any manner for loss of or damage to saki pipe and the contents thereof from any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold hsrm- less the Licensor, its successors and assigns, from and against all loss, Costs, expenses, Including attorneys' fees, claims, suits and Judgments whatsoever in connection with injury to or death of any person or persons or loss of or damage to property caused by or in any way connected with the installation, maintenance, use or presence of add pipe and appurtenances on said promises,howsoever caused. 4. Licensee will pay to Licensor, on bills rendered by Licensor,the full amount of all costs and expenses which may be incurred by Licensor in protecting its track or tracks and maintaining traffic thersover by driving piling or by other means while said pipe is being placed thereunder, or during any repair, renewal, relocation or removal of said pipe. 6. It is expressly understood and agreed that Licensee shall be prohibited, incident to the instalation andlor maintenance of said pipe on Licensor's property,from using explosives of any type without the express written con- sent of Licensor; in the event such consent is extended, a representative will be assigned by Licensor to protect Licensor's interests and Licensee, in addition to all other casts to be borne by Licensee as herein set forth, Shall reimburse Licensor for the entire cost and expense of furnishing said representativ& e. in consideration for the right or license hereby granted, Ue nsee hereby Agnes that the Licensor gun not at any time or In any manner be assessed with the cost or any Dart of the cost of the Installation and maintenann of said pipe and appurtenances thereto on Lieensor's property. 7. The portions of said pipeline under said tracks and roadbeds thereof shall be encased by and at the expense of the Licensee in a 30-inch steel pipe conduit and placed at a minimum depth of 66 inches below the base of rail of said tracks, or not less than 36 inches .below the bottom of Licensor's roadbed ditches, or not less than 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. NOTE: The following change was made in this agreement prior to the execution thereof: Article 7: Added. -:yF It to understood and agreed that this agreement shall not be binding unW it has been authorized or ratified by a proper ordinance or resolution of the City Council of the City of Dania, Florida , a eerdW copy of wbfeb ordinance or resolution Is attached hereto and msde part of this agrumeni IN WITNESS WHEREOF the partles hereto have executed this agreement in duplicate the day and year first above wsittsm. Witness for Lleswors SEABOARD COAST LINE RAILROAD COMPANY OF Yke President.Operations ITY OF Dad F OItTbA i 1506OR CAP4501w,.� i Attest ,�y�} +,�. z r�i •'a:: _ ! -i• U 1�. y 'x'��,- ray L ,t,�E; `,i> .a7 ,a. F a , !r Form 3530 Rev.June, 1975—Sheet d Extracts from minutes of meeting of the City Council of the City of Dania, Florida held on the 24 day of August 1976 RESOLUTION Be It resolved by the City Council of the City of Dania, Florida in regular meeting assembled that the Mayor of said City be, and he hereby in,authorised to enter into an agreement with the SEABOARD COAST LINE RAILROAD COMPANY, and to sign same on behalf of said City whereby said Railroad Company grants unto said City the right or license to install and maintain, for the purpose of a water main, a line of 16-inch ductile iron pipe across the right of way and under tracks of said Railroad Company at Dania, Florida; as particularly described in said agreement, which agreement is dated July 21, 1976, a copy of which agreement is filed with the City Council. ' wa t ¢' ry ,�t I ca:tif7 above to bs&Arue and soereft _ A i+, ¢.µ p�-t 1 1 .EY �,,. �, , :.v�v;• y al , .!i+ , �, J