R-63-020• •
RESOLUTIONS N °_ 3 0
NC . 20
CN I~:~~' `~~ICN Or Councilman Hutchingson, seconded by Councilman
Hoskinson, the following Resolution was adopted.
,-~=I~~ii~AS, the State Road Department of Florida has located, and
proposes to construct or reconstruct, a part of State Road SR 25 S.
Limits Clermont to N Limits Minneola.
'~JHFRLAS, in order for the ~"a ate Road Department to further and
complete said project, it is necessary that certain utilities and/or
fac~litie:> within the right of way limits of said State Road. 25, be
adjusted, changed or relocated and
`~~JIEREAS, the State Road Department having requested the City
of Clermont, Florida, to execute a.nd delivery to the Mate Road
Department a Utilities ~!greement, agreeing to make, or cause to be
made, such adjustments, changes or relocations of said utilities and/or
facilities as set out in said _'Lgreement, and said request having been
duly considered;
NC.; , ~l'i ~i::1~FCR~, B'!; II' RE~:OLV~D BY TIL+~ City Council of the City
of Clermont, Florida, that the Mayor and Clerk be and they are herby
authorized and directed to make, execute anddeliv~r to the State
Road Department a Utilities Elgreement for the adjustment change or
relocation of certain utilities within the right of oaay limits of
said State Road 25, Section 11200-6503(2503)
B'-~ IT FU~TH~'' RL,:_~CLVFD teat a certified copy of this Resolution
be forwarded to the "sate Road Department at ~i''allahassee, Florida
r~OI'T:~;D by the City Council of the City of Clermont, hake
County, Florida, at its Regular rleetin held on October 1, 1;63.
SRD NO. 10
SECTION 11200-6503 (2503)
STATE ROAD 25
COUNTY OF Lake
S. Limits Clermont to N. limits Minneola
CITY UTILITY AGnEEMENT
,
THIS AGREEMENT, made and entered into this 1st day of Oct
1963 by and between the STATE ROAD DEPARTMENT OF FLORIDA, hereinafter referred
to as the Department, and the CITY OF Clermont a municipal corpo-
ration, hereinafter referred to as the City.
WITNESSETH:
WHEREAS, the Department proposes to construct or reconstruct a municipal
connecting link State Road within said City, which road is known and described as
follows:
S. Limits Clermont to N. Limits Minneola
and,
WHEREAS, in order to facilitate such work it is necessary that provisions
be made for adjustment, change or relocation of certain facilities and/or utilities
within said City (and owned by the City, whether within the corporate limits thereof
or not) and located within the right of way of said municipal connecting link State
Road or appurtenances thereto, viz:
Any and all water mains, fire hydrants, sanitary sewers, gas
mains, fire and police call systems, telephone, electrical and
telegraph systems, including poles, pole lines and underground
facilities thereof, and any other utilities and facilities with-
in such right of way.
NOW, THEREFORE, the premises considered, and in consideration of the sum
of One Dollar each to the other in hand paid, the receipt whereof is hereby ack-
nowledged, and in further consideration of the mutual covenants hereinafter con-
tained, it is agreed pi the parties as follows:
1. That the Department will provide at its expense for the construction,
reconstruction, change or replacement of all drainage structures necessary to pro-
perly drain said municipal connecting link State Road within the said City, but not
otherwise.
2. That in consideration of the Department's undertaking the construction
or reconstruction of said municipal connecting link State Road, which will be of
benefit to the City and its citizens as a City Thoroughfare, the City agrees to
make or cause to be made all necessary adjustments, relocations or changes of its
facilities or utilities thereon wherever situate without cost or expense to the
Department; and to enter into all necessary agreements or arrangements with priva-
tely owned utilities located thereon so as to require such utility owners to also
make all necessary adjustments, relocations or changes of their facilities or
utilities, in order to comply with the plans, designs and specifications of the
Department for the construction or reconstruction of said municipal connecting
link State Road, prior to the advertising for bids on said project, and file the
same with the Department before such date, such agreements to provide for:
1. Covering procedure for coordinating the work;
2. Minimization of delays; .
3. Method of arriving at compensation to contractor
for delays occasioned by the utility's operations;
4. The City's agreement to pay compensation so determined;
5. An arbitration clause naming the State Highway Engineer
the arbiter and agreeing to abide by his decisions;
3. The City further agrees that said adjustments, changes or relocation
of said facilities or utilities will be made by the City, or privately owned utility
companies, with sufficient promptness so as to cause no delay to the Department or
its Contractor in the prosecution of such construction or reconstruction work. The
City further agrees that in the event the changes, adjustments or relocation of such
facilities or utilities shall be done simultaneously with the construction project,
that it will reimburse, or cause the privately owned utility companies to reimburse,
the contractor directly for any just claim due to delays caused by the City's or
privately owned utilities companies operations or hindrance to the contractor's
efficient prosecution of the construction work
4. It is mutually understood and agreed between the parties hereto that
the City shall assume the sole responsibility for the necessary adjustment, change
or relocation of all of said facilities or utilities, whether the same be publicly
or privately owned; it being the intent of the Department that the City shall enter
into all negotiations and agreements with privately owned utility companies to
accomplish this purpose, and to see that the City, the Department and/or its con-
tractor shall be fully protected, defended and indemnified against any failure on
the part of such companies to properly and promptly perform the necessary work re-
quired of them by virtue of such construction or reconstruction work.
5. The City further agrees that the State Highway Engineer shall act as
arbiter in deciding all questions, difficulties or disputes of whatever nature
which may arise under or by reason of this Agreement, and his decisions relative
thereof shall be final and conclusive upon all parties.
6. The City further agrees that it will maintain and keep in repair, or
cause to be maintained and kept in repair, all of such adjusted, changed or reloca-
ted facilities or utilities within the right of way of said State Road, to comply
with all provisions of law and of the Department's manual with amendments and
specifications for traffic control routing and parking and to conform with the
regulations of the Department pertaining thereto.
7. It is mutually agreed that any attached map or sketch showing any
such facilities or utilities to be adjusted, changed, or relocated is made a part
hereof by reference.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be duly executed, the day and year first above written.
b d
SRD NO.
SECTION
STATE ROAD
COUNTY OF
R E S O L U T I O N
ON MOTION OF Commissioner (Councilman Hutchingson
seconded by Commissioner (Councilman Hoskinson , the
following Resolution was adopted.
WHEREAS, the State Road Department of Florida has located,
and proposes to construct or reconstruct, a part of State Road
WHEREAS, in order for the State Road Department to further
and complete said project, it is necessary that certain utilities
and /or facilities within the right of way limits of said State Road
, be adjusted, changed or relocated and
WHEREAS, the State Road Department having requested the
City of , Florida, to execute and
deliver to the State Road Department a Utilities Agreement, agreeing
to make,or cause to be made, such adjustments, changes or relocations
Of said utilities and /or facilities as set out in said Agreement,
and said request having been duly considered;
D
NOW HEREFO E , B E IT RESOLVED BY the 0,1
C °' '
T R
of the City of , Florida, that the .Mayor and
Clerk (C r) be and they are hereby authorized and directed
to make, execute and deliver to the State Road Department a Utilities
Agreement for the adjustment change or relocation of certain utilities
within the right of way limits of said State Road , Section
BE IT FURTHER RESOLVED that a certified copy of this
esolution be forwarded to the State Road Department at Tallahassee,
Florida.
■
4 a ,
4 ' 4 t
2 -(City Utilities Res.)
CITY OF u`_ 4
COUNTY OF.
I HEREBY CERTIFY that the foregoing is a true .
(/' and correct coloy of a resolution adopted by the City c ouncil
of the City of :t , Florida,
at a meeting of said City Council
held on this 1st day of October A.D. 19-4
WITNESS my hand and seal on this 2nd day of
October A. D. 19
By'
-� r C-'� " - uo r of the_ -_
C i y o il r 0at _
Floric.,a `✓
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