HomeMy WebLinkAboutResolution_06-76/77_01/18/1977 RESOLUTION NO. 6 -76/77
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT BETWEEN
FLORIDA EAST COAST RAILWAY COMPANY AND THE
VILLAGE OF TEQUESTA IN CONSIDERATION OF THE
SUM OF $1500.00 PER YEAR FOR THE PRIVILEGE
OF CONSTRUCTING A WATER MAIN WITHIN THE
FLORIDA EAST COAST RAILWAY COMPANY'S EASEMENT
AND FURTHER AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE SAME ON BEHALF OF THE VILLAGE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
The Village Council hereby authorizes the execution of
the license agreement, a copy of which is attached hereto,
between the Florida East Coast Railway Company and the Village
of Tequesta, Florida, in consideration of the sum of $1500.00
per year for the privilege of constructing a water main within
the Florida East Coast Railway's easement, and further authorizes
the Mayor and the Village Clerk to execute said agreement on
behalf of the Village.'
THE FOREGOING RESOLUTION was offered by Councilmember
Baron , who moved its adoption. The
motion was seconded by Councilmember Brown ,
and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Peter Baron
Howard F. Brown
Dorothy M. Campbell
Stephen R. Huggins
Joseph D. Yoder, Jr.
The Mayor thereupon declared the Resolution duly passed
and adopted this 18th day of January , A.D. , 1977.
MAYOR OF TEQUESTA
ATTEST; i
Villa e Clerk
THIS LICENSE AGREEMEA!Made and entered into, in duplicate; �_l. ---- __day of .--- .---- __.- ._._._... -_...
&D., 19....... by and between Florida East Coast Railway Company, hereinafter called "Railway" and
(AD - -._ Te uesta Elrar
----------------------------------- - - --� --------- - - - - -. -- ..... __
(*4 Florida Sales and Use Taxes unless
hereinafter called "Licensee ", WITNESSETH: exemption is furnished)
per year
That Railway, for and in consideration of the sum of :1500.00 /and the covenants and agreements
of said Licensee hereinafter set forth, hereby give to Licensee the right and privilege to construct, in
st#ll and maintain certain appliances or fixtures for such time hereafter as the Railway, in its discre-
tion, shall and may permit as follows:
A 12 cast iron water main parallel encroachment entering .Railway's right of way
at the easterly R/W line at Milepost 281 plus 5132 feet and extending southward
5 feet inside of said R/W line to Milepost 282 plus 2414 feet thence again
entering Railway property at Milepost 282 plus 3828 feet east of State Road A -1 -A
and continuing southward to Milepost 282 plus 4165 feet at which point said pipe
line, or water main, crosses Railway's right of way and under its tracks, again
entering said R/W on the westerly side of tracks at Milepost 282 plus 5001 feet
continuing southward east of a paved street to tnc north side of Indiantown Road
Milepost 283 plus 3117 feet.
All as shown in red on Railway's Map V.3 /3.11C, dated December 31, 1927, as
revised October 27, 1976, attached herctu anu mace a part hereof.
(Also as shown in greater detail by Gee & Jenson Engineers, Plans of Job No.
76 -80, dated November, 1976, as revised December 17, 1976, consisting of la
sneets.)
And Licensee hereby covenants and agrees as follows:
1. That said appliance or fixture hereby permitted, shall be of the equal strength and fitness for the
purpose used and be put in a good and workmanlike manner. All coradruction or installation of all of
Licensee's appliances or fixtures shall be both commenced and complebd within six months from date
of this instrument and so reported in writing by Licensee unto Railway within said six months or in
default thereof this License Agreement shall stand automatically tesmninated without any notice or
action by Railway.
2. That if said appliance or fixture is a pipe, to extend under the track of the Railway, the same
shall be located not less than ---- 5,0 - -- feet below the bottom of ties in such tracks, and properly
safe - guarded as may be necessary or as required by Railway; and if Ibis a wire line to extend over the
tracks of the Railway, the same shall be located not less than---- - - - - -- feet above the rails, and the
poles carrying such wires shall be double - bracketed and of good and stiff licient quality and size for pur-
pose used and located as hereinafter designated by the Railway and secwely planted and fastened so as
to prevent the same from falling on the tracks or other property of the Railway or upon other wires on
the right of way. No other facilities of the Licensee shall be located upset any of the Railway's property
without its prior written permission.
PAGE 1
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:t I !iat it a license ►.v hereby ► 411) for a .c1 . ' . i . ow ,o or other signal line or lines, then any
crossing r,f the same over or under ltailv•av's tr +iiu: he constructed and maintained in conformity
ss ith Part OTie of Rules, lteuulactuins and St icati� �rning the construction and maintenance of
telegraph, telephone and other signal line:+ over uirooi the tracks of steam n0iroads in the State of
Florida, adopted by Railroad Commissioners of thf• S"l-ae of Florida, on May 7, 1924, effective August
1, 1921, and all amendments thereto.
a. And if a license is hereby given for an electric liglit or power line or lines crossing over or under
tracks of Railway, then such crossing shall be constucted and maintained in conformity with the provisions
of the N:itrunal Electrical Satety Code as set forth in Handkook H -43 of the National Bureau of Standards in
i(s present form or as subsequently revised, ,imended Plus additional facilities as Railway may require to pro -
tcet all of its cnrfimon carriei railroad . .'rations, using of on Railwaw's n,&;ht of way subject to injury or
dam.i}r .iir�rnc taint the aforesaid 1 o,ation of Licensee's facilities.
s
'111C I.rcciisec dtall xrhui thirty (io) days after date hereof, obtaui all necessar' permits, licenses
and Irailkht"cN required Ins• lass \C-hencvcr under this agreetent Licensees power lines cross or ,ire located
vvIthin feet from .niy lilies or wires of any licensed communication utiliry on the right of way of
Railway Licensee shrill at all tinics prevent interference in any way with the construction, maintenance or
operation of such c Tossed ur adjacent telephone and telegraph wires. rind in such event, Licensee shall adopt,
use and maintain the best known and most effective methods to protect the aforesaid telephone and telegraph
wires and lines from physical hazard and inductive interference.
6 That said appliance or fixture of the Licensee shall not at any time interfere with or endanger
0 the track, roadbed, or other property of the Railwav, or the operations, maintenance or improvements
of the Railway, or of any other party, thereon; and Licensee shall at its own expense, on notice from
said Railway, forthwith change, improve or repair such appliance or fixture as may be prescribed by
said Railway.
7. The Railway reserves the right to cancel this license agrement upon thirty
(30) days written notice and licensee Will, at its own expense, within the afore—
mentioned thirty (30) days, remove any and all said appliances and/or fixtures of
the licensee from the right-of-way and property of said Railway.
t;. That upon Licensee failing to completely consti uct or install a.: provided in paragraph 1 or aban-
doning or ceasing to use and maintain said appliance or fixture herein specified, or upon the cancella-
tion and termination of this agreement as herein provided, or upon the accidental or other breaking of
said appliance or fixture causing damage or danger to the Railway's roadbed, tracks, or other property,
Licensee shall and will at once remove said appliance or fixture and restore the premises to its former
Rood condition or at once repair such break or damage at its own cost and expense; and failing so to
do, the Railway may make such removal or restoration at the cost and expense of Licensee.
9. That Licensee shall and will cause due notice to be given to the Railway when Licensee or its
Orontractor or anyone claiming under Licensee, proposes to enter upon or cross the tracks roadbed and
other property of the Railway with such appliances or fixtures or for excavations therefor, in order that
proper protection may be provided for trains.
PAGE 2
.+�+•••. lo. la a * * $ "lot a t t f oir t he sw a r t i n g of this c r of-the omepo*me to ha* of the "rotation a the Mason the of
eaAtlrilation, maintenance and use of said crossing, the Licensee does hereby
,release and agree to indemnity and save Railway, harmless from and against
all liabilities Claims, costs and expenses for loss or damage to the property
Of either 'party hereto or se third persons and for injuries to or deaths of
Licenaoe, or the agents, employees or invitees of licensee or third persons
or the employees at Railway caused by or arising out of the presence,
maintenance, use ae removal of said crossing, regardless of any negligence
oar alleged negligence on the part of any employee of the Railway.
11. Licensee covenants to pay Railway all costa of supervision, labor
and material incurred by Railway in supervising, protecting and restoring the
property of the Aailway by reason of opesation of Licensee.
r l!. That this agreement shall be binding up4m the successors of the heirs
and assigns of Liconsee areal none of the covenants or agreements herein contained
Mall be waived or modified except by both parties hereto in writing and no
alleged verbal waiver or modification shall be binding under any circumstances.
13. License agrees to pay Railwr.y, upon the execution and delivery of
this agreement, the necessary amount of documentary stamp taxes required to
be affixed to this agreement under the laws o[ the United States of America,
the State of Florida, or troth.
]* Licensee agrees that, if Licensee is herein required to pay unto
Railway any sun of money as may be specified on first page hereof, Licensee
will pay unto Railway the sins of s 0 in dash in advance for each year
fair which this agreement may be reweave or nay remain in effect beyond owe
year from date hereof.
159 Licensee agrees that it will, at its expense, adjust �is said
facilities to any physical change or additions wade at any time by the Railway'
An its twaska or the facilities ow, or its property at this location.
Me Licensee agrees that its facilities shall be installed and maintained
by and at the expense of Licensee in a manner that will not at any time be
a danger to or interfere with the safe and efficient operation of the Railway's
tttaaks of a uipment theroon, that such work shall be subject at all tines to
the approval of an authorised representative of the Railway.
17. If Licensee be a ■uticipality or a public or quasi public corporation
Ohm it agrees that so assessment or other charges of any nature whatsoever
shall be lewd" or trade against the Railway or against its property on
aooevnt at the installation st oxistenee oL Licensee's facilities st this
foeatioa.
3i. Roth psrttiN bete" Agra** that the provisions of General specifications
as PLri pages earthed, "comic L womsmaws rm rips CR O6.S IMS UMBIt TRACK$
AND ACM2 RAI M T MW OR MAT FOR NM-RLANWMA SUW2A?=3 attached
bOX"O sued Inside a part bereef, *bail apply to the work of and rights and
privileges hereby given to Licensee.
1,. It is !artist mutually andersteed and agreed by and between the parties
berate that said sttbgtade crossing installation shall be marked by the creation
otL a suitable tsoR+tstetat Iosat on o *ph sl$e of the Railway's right of way,
all is atoordestse with R&Uwayts said attached General Specifications.
•
Page 2
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M 20 - It is turthor mutually undo =stood and agreed by and between the parties
hereto that Liconsoe will not bore, jack or tunnel under Railway's tracks
without having a railroad watchman present at all times work,hereunder is
being performed, if one is deemed to be necessary by the Railway's Chief
Engineer; further, that Licensee covenants that it will include in any contract
which it lets for the whole or any part of the said work to be performed here-
under by or for the Licensee, each and every of the following terms and
conditions of the two (2) pages attached hereto and made a hart hereof entitled,
"INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY
ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY ANU PROPERTY DAMAGE LIABILITY
INSURANCE POLICIES DURING SUCH INDEIVITIES ", and, "INSURANCE FOR BENEFIT OF
FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED KEPT IN FULL FORCE AND
EFFECT AT COST OF CONTRACTOR ",
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X_X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
IN WITNESS WHEREOF, The parties hereto have caused these presents to be duly executed in dupli-
cate the day and year first herein written.
Signed, sealed and delivered in presence of: Florida East Coast Railway Company.
- -- ------------------------------------------------------- - - - - --
By: ----------------------------- ---- - - - - -- -- - - (seal )
President.
VILLAGE OF TEQUESTA, a municipal corporation
--- - - - - -- ---------------------------------------------------- - - - - -- - of the State of Florida,
Witnesses as to Railway.
-------------------------- - - - - -- -- --- - - - - -- - - - - - -- - -- By: ----------------------------- - - - - -- Mayor - -- - - - - -- (seal)
- - - - -- - - Attests---------------- - - - - -- - - (seal)
Witnesses as to Licensee. Clerk.
• /AGE'S ��
INSURANCE FOR BENEFIT OF FLORIDA EAST COAST
RAILWAY COMPANY TO BE OBTAINED, KEPT IN FULL
FORCE AND EFFECT AT COST OF CONTRACTOR
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 acceptance of all of the
work under this construction by Village of Tegl esta ,
insurance policy or policies in the limits of $500,000.00 each
person injured or killed and $1,000,000.00 each accident occurrence
and $500,000.00 property damage 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 construction
contract as aforesaid Railroad Protective Liability Policies
insuring Florida East Coast Railway Company directly as insured
against the losses and damages but within the limits specified
in the foregoing indemnity paragraph. All such insurance directly
or indirectly for the benefit of Florida East Coast Railway Company
shall be in form satisfactory to the Manager, Industrial Development
and Real Estate of Florida East Coast Railway Company or its General
Attorney 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 A's or better.
INDEMITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL
LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND
PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMITIES.
In further consideration of the sums of money herein agreed to 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
j4idgments, 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 the 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, 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 Railway
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 each
accident occurrence.
• B. Loss, damage, injury and loss of use of any real or personal p ronerty
(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 �.ast Coast Railway Company
occurring or originating during the first forty -eight (48) 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 of
railroad of other railroad common carriers during the first forty -eight (48)
hours following any such break in the continuity of said track or tracks as
the case may be of said Railway Company at or within one hundred feet of said
areas.
FLORIDA EAST COAST RAILWAY COMPANY
Office of Chief Engineer
GENERAL REQUIREMENTS FOR PIPE CROSSINGS UNDER TRACKS
' ♦ AND ACROSS RAILWAY'S RIGHT -OF -WAY FOR NON- FLAMMABLE SUBSTANCES
A plan and profile drawing containing all pertinent details for 'proposed crossing
shall be submitted to and meet the approval of the Chief Engineer before installation
begins. Plan shall show all information for carrier pipe and casing pipe, if used, and
angle of crossing, Railway survey station, or distance to nearest mile post, right -of -way
lines, tracks, and all other Railway facilities near point of crossing. Profile shall
show pipe line in relation to actual profile of ground and tracks, proposed method of
installation, and location of jacking pit from center of nearest track. Open cut method
of installation through Railway's roadbed will not be permitted. When crossing is for
a municipality or county, application shall be accompanied by a letter signed by an offi-
cial of such municipality or county.
I. GRAVITY SEWER PIPES OR CULVERT PIPES
A. Reinforced Concrete Pipe
Material Specification
Modified bell and spigot or tongue and groove in accordance with current
A.S.T.M. Specification C76 class IV for railway strength pipe or current speci-
fication for prestressed concrete pipe.
Joints
Rubber and steel joint for prestressed pipe in accordance with current
Lock Joint Pipe Company Specification on SPS, or equivalent. Joints for bell
and spigot and T. and G. pipe to be in accordance with current standard practice.
Joints may be made using confined continuous rubber gasket.
B. Cast Iron Pipe
Material Specification
For cover not greater than 8 feet, pipe must conform to current A.S.T.M.
Specification A142 for "Standard Pipe ".
For cover in excess of 8 feet, pipe must conform to current A.S.T.M.
Specification A142 for "Heavy Pipe ".
Joints
Bell and spigot caulked with lead and oakum, or an approved mechanical
type.
at§c.,' gq,�
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oil
�rru�ec ! /total Cu lvert ripe (Used under Secondary Tracks Only) .
Katerinl Sp ecification :
Pipe shall be of a manufacture approved by Railway and shall be fully
coated and paved, and of proper gauge, as recommended by the manufacturer,
for Cooper's E60 railroad loading and depth of cover for proposed installation.
D. Polyethylene Pipe
Material Specification
Pipe shall be of a manufacture approved by the Railway and shall in all
cases be placed inside a casing pipe. The casing pipe shall meet the specifi-
cations of Section III A. and C.
II. WATER PIPE
A. Internal Pressure Less Than 30 lbs. Per Square Inch
1. Cast Iron Pipe
Material Specification
Pipe less than 36 inches in diameter and having cover less than 8 feet,
must conform to current A.S.T.M. Specification A377 or equivalent for Class 50
pipe.
Pipe 36 inches in diameter or greater, or any pipe cover greater than
8 feet, must conform to current A.S.T.M. Specification A377 for Class 100 pipe..
Joints
Bell and spigot caulked with lead and oakum or an approved mechanical
type.
2. Steel Pipe
Material Specification
Current A.S.T.M. Specification A -120, Schedule 40. Pipe less than 24
inches in diameter to be galvanized pipe. Pipe 24 inches in diameter or greater,
to be black bituminous coated.
Joints:
All joints must be welded or of an approved mechanical type.
3. Prestressed Reinforced Concrete Pipe
Material Specification:
Current Lock Joint Pipe Company Specification SP -5 or equivalent.
3. Prestressed Reinforced Concrete Pipe (Continued)
Joints
Rubber and steel joints in accordance with current Lock Joint Pipe
r
Company Specification SP -5 or equivalent.
B. Internal Pressure 30 lbs. and Over Per Square Inch
t
1. Cast Iron Pipe
Material Specification:
Current A.S.T.M. Specification A377, or equivalent, and of the proper
class required for the maximum pressure to be carried in the pipe line.
Joints
Bell and spigot caulked with lead and oakum or an approved mechanical
type.
2. Steel Pipe
Material Specification
Current A.S.T.M. Specification A -120, for the class required for the
maximum internal pressure to be carried in the pipe.
Pipe less than 24 inches in diameter to be galvanized. Pipe 24 inches
in diameter or greater to be black bituminous coated.
Joints
All joints must be welded or of an approved mechanical type.
3. Prestressed Reinforced Concrete Pipe
Same as II A -3 above.
III. CASING PIPE
A. Internal Pressure Less Than 30 lbs. Per Square Inch
1. Casing Pipe is not required, but if used to facilitate installation of
carrier pipe through roadbed, must extend beyond centerline of nearest
track not less than 5 feet plus twice the distance from bottom of tie to
bottom of pipe, but in no case less than 20 feet from centerline of nearest
track. After carrier pipe has been installed in casing pipe, ends of
casing pipe must be sealed around carrier pipe. If carrier pipe only is
used, same clearances must be maintained for jacking pit.
B. Internal Pressure 30 lbs, and Over Per Square Inch
1. Casing pipe is squired and shall extend from right -of -way line to
right -of -way line of the Railway; may be open at both ends if local
conditions permit water from leaks to discharge into drainage ditch
or maulho.le. If this is not practicable, the casing pipe shall be
sealed at both ends and a 4 -inch relief vent provided at either end
off the Railway's right -of -way, which shall discharge into drainage
ditch or sewer. Clearances for jacking pit same as described in
III A - 1 above.
C. Casing Pipe Specifications
1. Casing pipe shall have a minimum inside diameter of six inches greater
than the maximum outside diameter of the carrier pipe, including bell
ends of flanges.
2. Pipe shall be in accordance with current A.S.T.M. Specification A -139
and shall be protected by a black bituminous coating in accordance with
current A.R.E.A. Specification 1 -4 -13 for PROTECTION AGAINST CORROSION.
Wall thickness shall be in accordance with the table below:
DIAMETER THICKNESS
(Inches (Inches)
• 6 thru 16 114
18 & 20 5/16
22 & 24 3/8
26 & 28 7/16
30, 32 & 34 1/2
36 & 38 9/16
40 & 42 * 5/8
* For casing pipes of larger diameter, the casing pipe design criteria
and specifications shall be submitted to the Railway for approval.
IV. GENERAL
A. Casing and Carrier Pipe
1. That portion of pipe, either casing or carrier pipe, extending through
the Railway's roadbed and under its track shall be installed by boring -
jacking method approved by the Chief Engineer of the Railway, but in no
case may the nearest side of the boring or jacking pit be closer than
20 feet from the centerline of the nearest track. Remaining portion of
pipe may be installed by open trench method.
2. Minimum cover 5 feet below the bottom of ties to top of pipe required
for all pipe.
3. Backfill shall be thoroughly tamped in layers after pipe has been tested
40 to pressure of 1 -1/2 times maximum working pressure and found to be tight.
� - 5 -
. 4. Under -track facilities crossing the Railway's right -of -way shall be
marked by the company or utility requesting the crossing and shall be
subject to the following:
A. The marker shall be of such construction as to be structurally
resistant to damage by weather or any other reasonable abuse.
* B. The marker shall be located on each side of the Railway's right-
of -way directly over the crossing and shall be 2 feet 6 inches
r above existing ground elevation extending 3 feet 0 inches (minimum)
into the ground.
C. The following information shall be etched or stamped on the sign
portion of the marker:
a. Name of company using the crossing.
b. Date crossing installed (Completion date).
y c. Size and description of crossing, such as diameter of pipe
and casing, weather -proof transmission cable and casing, etc.
d. Depth below top of rail to top of item in crossing.
* Marker will not be required when cable, pipe, etc., is beneath highway
F; rY
-';- or street at the Railway's right -of -way line.
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