R-78-318FORM 7r. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
~-~~ DIVISION OF ROAD OPERATIONS
PAGE , OF + CITY RESOLUTION
UTILITY INDEMNIFICATION AGREEMENT
COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL 9i R/W JOB NO.
11 070 6504 SO Lake 1 2
A RE5(-LI'~'I'It)h Al!'I'H(-itlI,ING t?XF':CU'1'lt)N t-I~ :1N l''I'Il,l`I'11~:5 AGRh;EM11h:'VT FOR 'I'HH: Af~JUSTMENT, CHANGE OH
f{I~;1.OC;1'I'It-1' ~-1~ (:I~:t{'I'11N U'('lIJ'I'It?~ t~'17~Iit~'' 'I`Hf? {tlGll'I'-OI~'-t~4'AY I,Ih~11'1'~ HEI{EA1~'I'Ef~ UESCftlI3ED, ANf) PRC)-
VII)I!~G 1~tll~:\ 'fHl~ Kl?ti(-l,l''I'I~-N 511;1L1.'1'~hl•: I:I~I'I~;t:'I'.
1{ESULU't'lUN NU. X18
O!~ ~1l)'I'll)\ OI'` Curnnlissiuuer ((:ulu+cilnlau) , secuudcd 1-y Couunissioner (Council-
)'
n-url) ?~c~ _ ,the fullowin~; Resulutiuu was ~ dopled:
11~IIl~;lil'`,~1w, the Stale of I~lurida 11cl,artnlcnt of 'I'r:ursl-urtuliun has located and proposes to construct or
recunslrn~~t a hart of Slalc liuad 5Q ,
A!~I) ~V`111•:1{ i~:-1~, in order fur the ~tatc of 1~ lurida Uepartnrent of "I'r~u-spurlalion to further and complete said
Ilrujecl, it is necess:u•~ that cerlaill utilities and%ur facilities within the I{i{;hl-of-lla~ liulits ul' said Slate Huad
50 , I-e adjusted, ehanhed or relocated,
ANU 11'Hf~;lL1~;~15, th+• `Mate ul' Florida Ueparirncnt ul"I'ransportalion having; r+•yucste.d the City of
Glermnnt _, I' lurida. 11. e~ecllle and deliver I.- th+• Male of I~ lurida Department of 'Transportation
a Utilities ~1~reement, ahrcciu~ (u nuke or caus<• t.- he Made such adjustrucnts, chan~cs or relocations of said
utilities arul/or facilities as set out in said A~reernent, ar d said request havvl~ been duly considered,
NO1~"1'I1H;KEFONL:, tiH: I'l' ftESOLVH;U by the ~~ ~~~ ~~ of the City of Clermont
Florida, that the !llavur and (:Icrk (City 11anat;er) be and they are hereby authorized and directed to make,
execute and deliver to !hc Stale ul' I~lurida I-+•p,lrlnleul ul' 'I'ransporlation ,+ Utilities Agrecmel-t for the adjust-
rncul, chan~c or relocation of certain utilities vv ithiu the I{ihhl of 11'av lirnils of sail Slate 1{.oa~l 50 ,
Seetio-I 11070-b504 ,
lit: I'I' I~ lili'I'IIF,R. H.1~;SOLVF;U Ihat a certified copy of this Resolution be forwarded to the State +~rf Florida
Departrncnl of '1'ransportatiun at 'Tallahassee, Florida.
C 17' Y () H, CLEIA~NT
CUUN'I'1 Oh' LAKF.
III?I{I?i;Y {:I?I{'1'11'1 that Ih,• fore~oiu~; is a Irue and I•orre+•I cups of a 1{csulution adopted by the
(1~ L ~}~c+_~, ul' the (:itv of ~'lermont ,Florida
~- _- ~ , ~
at a nrectin~ ul' said .F ~~~~uU•~.~-{ ~ ,held un Ihis ~ ~- day of , A. D.
+) 7~..
~ rec. ~ ,
NI'I'NI;S~ Inv hand and seal on this ~-~ ~ ~ day of , A. I). Iq7.~.
~ ;
I{v
Clerk (City Mar-ager) of the City of
Clermont Florida.
~sE;nl,>
zzio
gOF3
1. The CITY agrees to make or cause to be made all arrangemenisfor necessary adjustment or
changes of its facilities where located on public property at CITY'S own expense and in accordance
with the provisions of Rule 014 -46.01 "Utility Accommodation Guide," Florida Administrative Code,
dated May 4, 1970; any supplements or revisions thereof as of the date of this Agreement, which, by
reference hereto, are trade a part of this Agreement; and the plans, designs and specifications of the
DEPARTMENT for the construction or reconstruction of said portion of the State Highway System,
prior to the advertising for bid on said project. The CITY further agrees to do all of such work with its
own forces or by a contractor paid under a contract let by the CITY, all under the direction of the
1) EPA t{'I'M EN'l" S engineer.
2. The CITY further agrees that said adjustments, changes or relocation of facilities will be
made by the CITY with sufficient promptness so as to cause no delay to the DEPARTMENT or its con-
tractor in the prosecution of such construction or reconstruction work; provided, however, that the
CITY shall not be responsible for delay beyond its control; and that such "Relocation Work' will be
done under the direction of the DEPARTMENT'S MENT'S engineer; and the CI'T'Y further agrees that in the
event the changes, adjustments or relocation of such facilities or utilities are done simultaneously with
the construction project, that it will be directly responsible for handling of any legal claims that the
contractor may initiate due to delays caused by the CITY 'S negligence; and that the CITY will not
either proceed with the "Relocation Work" with its own forces or advertise or let a contract for swish
work until it has received the DEPARTMENT'S written authority to proceed.
3. The CITY further agrees that it will maintain and keep in repair, or :•ause to be maintained
and kept in repair, all of such adjusted, changed or relocated CI'T'Y owned or operated facilities or
utilities within the right of way of said portion of the State Highway System; and to comply with all
provisions of the law, including Rule 014-46.01.
4. The ()EPA R TM ENT agrees to furnish the CITY with all necessary highway construction
plans that are required I►y the CITY to facilitate the CITY'S "Relocation Work."
>. The DEPARTMENT further agrees that the CITY may relocate its facilities upon theState's
right of way, according to the terms of the standard permit required by the State Statutes for occu-
pancy of public rights of way, and all published regulations lawfully adopted by the DEPARTMENT
as of the date of this Agreement.
6. It is ►ni►tu.►Ily agreed that the CITY'S plans. maps or sketches showing any such facilities
or utilities to he adjusted, changed. or relocated are made a part t'rcof hN reference.
7. The CITY further agrees to indemnify, defend, and save harmless and exonerate the
DEPARTMENT of and from all liability, claims, and demands for contractual liability rising out of the
work undertaken by the (111'Y, its employees, agents, representatives, or its subcontractors due in
i.
111
FORM 722 -10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
1-74 DIVISION OF ROAD OPERATIONS
PAGE 1 OF UTILITY RELOCATION AGREEMENT
(At Municipal Expense)
COUNTY SECTION UTILITY JOO NO. STATE ROAD NO. COUNTY NAME PARCEL • R/W JOS NO.
11 070 6504 50 Lake 1 2504
TIIIS AGREEMENT, made and entered into this — day of
197___, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter referred to as the DEPARTMENT, and the CITY OF _ Clermont
a municipal corporation, hereinafter referred to as the CI'T'Y.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion
of the Sta Highway System designated by the DEPARTMENT as Job
No. 11070 -6504 , Road No. SR 50 between SR 50 from Junction
of SR 33 and SR 50 in Groveland and SR 561
which shall call for the relocation of the CITY'S facilities (owned by the CITY, whether within the
corporate limits thereof or not) along, over and /or under said highway, viz:
Any and all city owned or operated water mains, fire hydrants, sanitary sewers, gas
mains, fire and police call systems, telephone, electrical, telegraph and TV -cable
systems, including poles, pole lines and underground facilities thereof, and any other
CITY owned or operated utilities and facilities within such right of way,
AND WHEREAS, the plans for the said construction, reconstruction or other changes to be
made, as above described, have been reviewed by the DEPARTMENT and the CITY, said above
described utility relocation to hereinafter be designated as "Relocation Work ,"
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed
by the parties as follows: