HomeMy WebLinkAboutR-1986-038 i
RESOLUTION NO. 38-86 I
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE APPROPRIATE. CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN SEABOARD SYSTEM
RAILROAD, INC. AND THE CITY OF DANIA WHEREBY
SAID RAILROAD GRANTS UNTO SAID CITY THE RIGHT
OR LICENSE TO INSTALL AND MAINTAIN A WATER MAIN
ALONG THE RIGHT-OF-WAY OF SAID RAILROAD AT
DANIA, FLORIDA, AS PARTICULARLY DESCRIBED IN
SAID AGREEMENT; WHICH AGREEMENT IS DATED MARCH
4 , 1986 , AND PROVIDES FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE, CITY COMMISSION OF THE. CITY OF DANIA,
FLORIDA:
Section 1 . That the City Commission of the City of Dania ,
Florida, hereby approves and authorizes the appropriate city
officials to execute that certain agreement between SEABOARD SYSTEM
RAILROAD, INC. and the CITY OF DANIA whereby said Railroad grants
unto said City the right or license to install and maintain a water
main along the right-of-way of said Railroad at Dania, Florida, as
particularly described in said Agreement , which Agreement is dated
March 4 , 1986 , a copy of which is attached hereto and made a part Y. .
hereof as "Exhibit A" .
Section 2 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict.
Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on this IOtt' day of June 1986 .
r
OR - CO MISSIONER
ATTEST:
CITY CLERK - AUDITOR
APPROVED FOR FORM
/AND CORRECTNESS :
BY:.Z,
FRANK C. ADLER, CITY ATTORNEY
J
38-86
Resolution No.
J
t
CCB-13
February 1985
DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1 ._ Execution on behalf of a CORPORATION should be accomplished by an official
authorized to execute legal documents on behalf of the Corporation.
2._ If Agreement is with an INDIVIDUAL, that individual should sign the Agreement
exactly as the name is set out in the caption of the Agreement. If the name
is set out erroneously in the Agreement, the document should be executed and
the name corrected and initialed where it appears.
3._ If the Agreement is with a PARTNERSHIP, all members of the partnership should
execute the document unless an authorized member of the firm is designated by
the partnership to execute same.
4._ If an ACKNOWLEDGEMENT is appended to the Agreement, it should be properly
filled in.
5.X- If the Agreement is with a CITY or TOWN, a resolution to be adopted by the
Council authorizing the Mayor or City Manager or other official to execute
Agreement is attached to the Agreement and must be completed and dated by the
Clerk. An impression of the Municipal seal should be affixed to the signature
sheet of both copies of the Agreement.
6._ If the Agreement is with a COUNTY, a resolution to be adopted by the Board of
County Commissioners authorizing the Chairman or other official to execute the
Agreement is attached to the Agreement and must be completed and dated by the
Clerk. An impression of the County's seal should be affixed to the signature
sheet of both copies of the Agreement.
7._ If the Agreement is with a MUNICIPAL DISTRICT, AUTHORITY or AGENCY, a
resolution to be adopted by the appropriate body authorizing execution of the
Agreement is attached to the Agreement and must be completed and dated by the
Clerk/Secretary.
B.�The signatures must be WITNESSED by two witnesses in the spaces provided.
9.-e,::- NAME(S) and TITLE(S) of person(s) executing the document should be typed or
printed in ink directly beneath signature(s) .
10._ In returning the Agreement, please furnish feels) set out in Article(s) _
11 ._ Furnish Certificate of Insurance as evidenced by Article
12� Upon execution of this Agreement, you must notify the Division Engineer's
office at Tampa, Florida, Telephone (813) 626-4214, extending at least seven
(7) days' advance notice of the date and time you desire to perform any work
on Railroad property.
13 If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved, show below the
address to which bills should be sent:
100 W. Dania Beach Blvd.
Street Address and/or P. O. Box No.
Dania Florida 33004
City State
Zip Code
"EXHIBIT "A"
L�
I
J
Form Sheet 1
Revised Sept. 1984
RE-83095
6JF0304861 29
THIS AGREEMENT, Made this 4th day of March, 1986, by and between the
SEABOARD SYSTEM RAILROAD, INC. , a Virginia corporation, hereinafter referred
to as Licensor, and the CITY OF DANIA, a municipal corporation under the laws
of the State of Florida, whose mailing address is 100 West Dania Beach
Boulevard, Dania, Florida 33004, hereinafter styled Licensee,
WITNESSETH: 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 on the part of the Licensee to be kept and performed, hereby grants
unto Licensee, insofar as its title enables it so to do, the right or license
to install and maintain, for the purpose of conducting POTABLE WATER, a line
of 11.734-inch PVC pipe entering Licensor's easterly right of way/property at
a point 746 feet southwardly measured along the center line of Licensor's
main track from Milepost SX-1017, then extends northwardly 1,410 feet, more
or less, at a minimum clearance distance of 26 feet, measured at right angles
from said center line, leaving Licensor's right of way/property at a point
4,652 feet south of Milepost SX-1.016, as shown in green on print of
Licensee's Drawing attached hereto and made a part hereof; other details and
data pertaining to said pipe, including the method of installation and the
minimum depth of placement thereof which must be adhered to, being as
indicated on Application Form dated February 3, 1986, also attached hereto
and nade a part hereof.
-r_
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 Engineer 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 (30) 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 (30) 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 construction
of tracks, buildings, other structures or facilities.
3(a). Licensor shall not be responsible in any manner for loss of or
damage to said pipe and the contents thereof from any cause whatsoever; and
Licensee shall and does, insofar as it legally may, hereby assume, and agrees
to indemnify and hold harmless 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
I Q /
/ u
Form 3. heet 2
Revised Sept. 1984
connected with the installation, maintenance, use or presence of said pipe
and appurtenances on said premises, howsoever caused.
(b) , Any provision herein to the contrary notwithstanding, Licensee
agrees, insofar as it legally may, to indemnify and hold harmless Licensor
from all claims, costs and expenses (including attorneys ' fees) as a
consequence of any incident resulting in the pollution of air, water, land
and/or ground water arising from or in connection with the grant of this
indenture or any supplements thereto regardless of the location or proximity
of such pollution to the demised premises; and for any claim or liability
arising under federal or state law dealing with the pollution of air, water,
land and/or ground water.
(c) . All obligations of the Licensee under this agreement to release,
indemnify and hold harmless the Licensor shall also extend to officers,
agents and employees of the Licensor, and to companies and other legal
entities that control, are controlled by, are subsidiaries of, or are
affiliated with, the Licensor, their respective officers, agents and
employees.
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
Piling or protecting its track or tracks and maintaining traffic thereover by driving
by othe means while sai
during any repair,r
renewal, relocat ion porlremoval of placeds being saidtpiphereunder, or.
? er 5. It is expressly understood and agreed that Licensee shall be
prohibited, incident to the installation and/or maintenance of said pipe on
Licensor's property, from using explosives of any type without the express
written consent 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 costs to be borne by Licensee as
herein set forth, shall reimburse Licensor for furnishing said representative. the entire cost and expense of
6. In consideration for the right or license hereby granted, Licensee
hereby agrees that the Licensor shall not at any time or in any manner be
assessed with the cost or any part of the cost of the installation and
maintenance of said pipe and appurtenances thereto on Licensor's property.
7(a)• During the installation of said pipe, the Licensee shall furnish
(or require its contractor to furnish) the Licensor a Certificate of
Insurance showing that the Licensee (or its contractor) carries liability
insurance applicable to the job in question (evidencing said applicability by
a contractual liability endorsement stating that the insurance is applicable
to the obligations assumed by the Licensee under the agreement with Licensor)
in the amount of $2,000,00o.00 for all personal injuries, death, or property
damage, per occurrence arising during the policy period.
the above
(b). The Licensee shall furnish certificates of insurance evidencing
the amount cofetheecoverage shal and the form lobetsubjectcto(theor ppriorea p the carrier and
l of the
Licensor. Such insurance shall contain a contractual liabiilityaendorsement
which will cover the obligations assumed under this agreement and such other
endorsement or endorsements as, in the opinion of counsel for the Licensor,
IQ01
F7 . . :.
may be necessary or advisable to fully protect and indemnify the Licensor.
In addition, such insurance shall contain notification provisions whereby the
insurance company agrees to give thirty (30) days ' notice to the Licensor of
any change or cancellation of the policy. All of these endorsements and
notice provisions shall be stated on the certificate of insurance which is to
be provided to the Licensor. Provided, however, that notwithstanding any of
the provisions of this agreement with respect to insurance, it is understood
and agreed that the liability assumed by the Licensee shall not be limited to
the insurance coverage stipulated herein.
8. Effective June 1, 1986, Licensee will yield and pay unto Licensor
the annual rent or sum of THREE HUNDRED TWENTY-EIGHT AND 55/100 DOLLARS
($328.55), plus sales tax if applicable, payable at the beginning of each and
every year or fractional part thereof during the continuance of this
agreement .
9. In the event Licensor constructs a track or tracks across said line
Of pipe described herein, Licensee shall , at Licensee's expense, provide and
maintain the necessary protection to said line of pipe as is deemed necessary
by said Division Engineer, including but not limit
lowering such portion oroti
ed to encasing and/or
portions of said line of pipe crossed by said track
or tracks.
It is understood and agreed that this agreement shall not be binding
of the�City sCouncil beenuofo the eCity oft Dania, bFlorida, a cerrty a proper i�fied copy
resolution
ordinance or resolution is attached hereto and made a part hereof. of which
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates set forth below.
SEABOARD SYSTEM RAILROAD, INC.
Signed, sealed and delivered
in the presence of:
BY:
Dated:
CITY OF DANIA,
municipal Florida
\ P ation (SEAL)
i ATTEST:
By
wands Mullikin ertino
City Clerk-Auditor ayor-Commissioner
Approved for form and By:
correctness: Eugene H. Jewell
City Manager
Frank C. Adler, City Attorney
Dated:
RESOLUTION NO. 38-86
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN SEABOARD SYSTEM
�„ ,•",� .•e.<,:5. t. : RAILROAD, INC. AND THE CITY OF DANIA WHEREBY
SAID RAILROAD GRANTS UNTO SAID CITY THE RIGHT
OR LICENSE TO INSTALL AND MAINTAIN A WATER MAIN
fYy,,.rR�Z ,�" ^• 4 i t +. :� ALONG THE RIGHT-OF-WAY OF SAID RAILROAD AT
DANIA, FLORIDA, AS PARTICULARLY DESCRIBED IN
SAID AGREEMENT; WHICH AGREEMENT IS DATED MARCH
4, 1986, AND PROVIDES FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That the City Commission of the City of Dania,
' v Florida, hereby approves and authorizes the appropriate city
I
y� officials to execute that certain agreement between SEABOARD SYSTEM
M`
w ;:` RAILROAD, INC. and the CITY OF DANIA whereby said Railroad grants
,y7
unto said City the right or license to install and maintain a water
main along the right-of-way of said Railroad at Dania, Florida, as
particularly described in said Agreement, which Agreement is dated
March 4, 1986, a copy of which is attached hereto and made a part
1 t
!'4 hereof as "Exhibit A".
.31
Section 2. That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
! e t yy
of such conflict.
'I ✓
"� •�`' �• i - � 6 ' F'1 Section 3. That this resolution shall be in force and take
-•f "� �^y" 4 :° hJ✓r Y effect immediately upon its passage and adoption.
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PASSED and ADOPTED on this 10th day of June , 1986.
OR - CO MISSIONER
ATTEST: l) 1 1 +
CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS:
:.Y.+,'ivr'�^-:(e•c,.._.���-.+-.. per ��7 � i
.. _ BY: <..-.Ci C
IRANK C. ADLER, CITY ATTORN F.Y
"`�' ''�:•���' c.,.; Resolution No. 38-86
J
i
Form 3 sheet 4
Revised Sept. 1984
Extracts from minutes of meeting of the City Council of the City of
Dania, Florida, held on the
__ day of
—�, 19 .
RESOLUTION
Be it resolved by the City Council in regular meeting assembled that the
Mayor of said City be, and he hereby is, authorized to enter into an
agreement with the SEABOARD SYSTEM RAILROAD
INC. , and to sign same on behalf
of said City whereby said Railroad
grants unto said City the right or license
to install and maintain a
water main along the right of way of said Railroad
at Dania, Florida, as particularly described in said agreement, which
agreement is dated March 4, 1986, a copy of which agreement is filed with the
City Council.
i
i
certify the above to be a true and correct copy.
Clerk
I- _J
7455 SBO
WPM SEABQAM SYSTEM RAILROAD
APPLICATION FOR PIPE LINE CROSSING/PARALLELISM UNDER/OVER PROPERTIES AND 'TRACKS
Plans for proposed installation shall be submitted to and meet the approval of the Rail-
road Company before construction is begun. Material and installation are to be in strict
accordance vith specifications of the American Railway Engineering Association and requiremente
of the Seaboard System Railroad. Original and twelve (12) copies of this form shall be
submitted, accompanied by twelve (12) lettersize prints of a drawing showing plan, elevation
section of crossing from field survey, location in respect to Mile Post, vidth of Railroad's
right of way, location of adjacent structures affecting crossing, and all information required
In Figures 1 and 2 of AREA Specifications, Part 5 - Pipelines. If open cutting or tunneling
is necessary, details of sheeting and method of supporting tracks or driving tunnel shall be
show.
1. Correct Name of Applicant City Of Dania Phone• 921-7781
2. Post Office Address _ 100 West Dania Beach Boulevard • Dania FT 33004
3. Partnership - Name and initials all partners, women - given and surnames before marriage
and present N/A
4. If incorporated name of state in which incorporated Florida
5. Location 4652-6b29 feet South (Direction) from nearest RR Mile Poet SX 101 VS
6. Nearest Railroad Station Hollywood County Broward State Fl on di
7. Within limits of public highway name N/A Fed-State-County No.
8. Temporary track support or riprapping required ( ) Yes (X) No - Describe
i`•t 9. Wires, poles, obstructions to be relocated ( ) Yes ( X). No - Describe
r� .
10 Product to be conveyed Water Flammable ( ) Yee ( X) No. Temperature 6 8 F
11. Max. Working pressure 65 PSI. Field test pressure 150 PSI. Type teat ostati(
12. Location of shut-off valves Sta. 6 + 50f� Sta. 13 + 50f, ta. + 60t
13. PIPE SPECIFICATIONS: CARRIER PIPE CASING PIPE
Material __T.V.=
Material Specifications and Grade PM A C900, Series 1120: C1.150
Minimum Yield Strength of Material PSI —NIA
Mill Test Pressure PSI
"k Inside Diameter —11.734 inches
Wall Thickness 0.733 inches
Outside Diameter 13.Z00 in es
Type of Seem
Laying Lengths 20 feet
Kind of Joints his lei '—
Total Length within RR R/W
1410 L.F.—
VENTS: Number 0 Size Hgt. above ground
SEALS: Both e7a_0 one end
BURY: Base of rail to top of casing ft. in.
BURY: (Not beneath tracks) 5 ft. in.
BURY: (Roadway ditches) 0 ft. in.
CATHODIC PROTECTION: ( ) Yes ( X) No
PROTECTIVE COA_ING:'• ( ) yes ( X) No Kind
Type, s pa
size and spacing of insulators or supports N[
14. Method of Installation Open Ditch rallel to rai rol-g adtrac
If application is approved, applicant agrees to reimburse the Railroad for any cost
incurred by the Railroad incident to installation., --iintenance, and/or supervision necessitated
by this pipe line installation, and further agrees to assume all liability"for accidents or
Injuries which arise as a result of this installation. Should open cut, installation be require(
a non-refundable charge of $ NIA will be required to surface tracks.
February 3 , 1986
Date Signacure and le of Officer Signing Application
Eugene_ Jewell,_City Manage_ _
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