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POTABLE WATER PIPELINE AGREEMENT AND APPLICATION \+ pv ,...t' I CSXT FOlln 2037G - Page 1 Revised ~rch 1999 0 Agreement No. CSX-038255 PIPELINE CROSSING AGREEMENT THIS AGREEMENT, Made as of May 10,2000, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER UTILITY SYSTEM, a corporation of the State of Florida, whose mailing address is P.O. Box 4748, Clearwater, Florida 34618-4748, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct, use and maintain a pipeline, solely for the transmission fpotable water, hereinafter called "Pipeline," under or across the track(s) and property owned or controlled by Licensor at or near Clearwater, County of Pin ell as, State of Florida, located at Valuation Station 1223+68, Milepost SY -871.84, Clearwater Subdivision, hereinafter called the "Crossing," as shown on print of Licensee's Drawing JL038255, dated December 13, 1999, attached hereto and made a part hereof; other details and data pertaining to said Pipeline being as indicated on Licensee's Application Form, dated May 10,2000, also attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Crossing for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change said Pipeline at the Crossing above for the term herein stated, and to remove same upon termination. 1.2 The term Pipeline, as used herein, shall include only the pipes, ducts, casing, vents, manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage above within the Crossing, and as shown on attached Application Form. 1.3 No additional Pipeline or other facilities shall be placed, allowed or maintained by Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor. eo -0 II _. t> (;2) ~~ jrJ ,; I CSXT Forln 2037G - Page 2 Revised March 1999 0 Agreement No. CSX-038255 2. ENCROACHMENT INVENTORY FEE: 2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee increases, Licensee shall pay Licensor a one-time nonrefundableEncroachment Inventory Fee of THREE HUNDRED AND 001100 U.S. DOLLARS ($300.00) upon execution of this Agreement. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Pipeline or Crossing. 2.3 Effective Date of this Agreement shall be the date first written above. License shall be revocable only in the event of Licensee's default, as herein provided, but shall also terminate upon (a) Licensee's cessation of use of the Pipeline or Occupancy for the purpose(s) above, (b) removal of the Pipeline, and/or (c) subsequent mutual consent. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any public works project of which said Pipeline is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a prudent, workmanlike manner, using quality materials and complying with: any applicable standard(s) or regulation(s) of Licensor (A.R.E.A. Specifications) and Licensee's particular industry, and/or any governmental or regulatory body having jurisdiction over the Crossing or Pipeline. 3.2 Location and construction of Pipeline shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor, and ofmaterial(s) andsize(s) appropriate for the purpose( s) above recited. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's track(s). 3.4 In the installation, maintenance, repair and/or removal of said Pipeline, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. , 'r ~~ ". I CSXT Forln 20370 - Page 3 Revised rvlarch 1999 0 Agreement No. CSX-038255 3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission ofliability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make or from improper or incomplete repairs or maintenance of Pipeline. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (state, federal or local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (20 CFR 1926.651 (b), et al.), and State "One Call" - "Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) Support track(s) and roadbed of Licensor, in a manner satisfactory to Licensor; 'l jJ ..;' I CSXT Forln 2037G - Page 4 Revised Nfarch 1999 0 Agreement No. CSX-038255 (B) Backfill with satisfactory material and thorougWy tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) Either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner as Licensor may approve. 5.2 After construction of Pipeline, Licensee shall: (A) Restore said track(s), roadbed and other disturbed property of Licensor; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline or related facilities. 5.3 Licensee shall remain responsible for any settlement of the track(s) or roadbed for a period of one (1) year subsequent to completion of installation. 6. TRACK CHANGES: 6.1 In the event that Licensor's rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of Licensor's track(s) or other facilities, or in the event future use by Licensor of right-of-way and property necessitate any change oflocation, height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate Licensor's track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and Crossing in relation to Licensor's tracks and facilities, and shall relocate Pipeline or change Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement or of any public authority. 7.2 If Licensee undertakes to revise, renew, relocate or change all or any part of Pipeline (including any change in circumference, diameter or radius of pipe or carrier pipe, change in operating pressure, or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before any such change is made. After approval the terms and conditions of this Agreement shall apply thereto. I CSXT Foi{n 2037G - Page 6 Revised rvParch 1999 '" Agreement No. CSX-038255 9.3 To the extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Crossing area, arising from or in connection with the use of this Crossing or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through said Pipeline; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of Licensor's tracks arising from such Pipeline leakage, etc. 9.4 Obligations of Licensee hereunder to defend, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control or are controlled by or subsidiaries of or are affiliated with Licensor, and their respective officers, agents and employees. 9.5 If a claim is made or action is brought against either party, for which the other party may be responsible hereunder in whole or in part, such other party shall be notified and permitted to participate in the handling or defense of such claim or action. 10. INSURANCE: 10.1 Prior to commencement of surveys, construction or occupation of Crossing pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of this Agreement, at Licensee's sole cost and expense, a policy of Commercial General Liability Insurance (CGL), naming Licensor as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently recommended as a prudent limit to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to RAILROAD prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code 1180,500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code J907 at the address listed above. 10.2 If said CGL policy does not automatically cover Licensee's contractual liability during periods of survey, construction, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. .20 . , /v ...' I CSXT Forln 2037G - Page 9 Revised ~arch 1999 0 Agreement No. CSX-038255 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Administration, 1180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered effective upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2.2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee or vendee of Licensor's underlying property interests in the Crossing, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 16.6 In the event of sale or other conveyance by Licensor of its Right-of-Way, across, under or over, which the Crossing(s) is constructed, Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment of Right-of-Way, and to operate, maintain, repair, renew thereon and to remove therefrom the facilities of Licensee, subject to all other terms of this Agreement. .,r Lv '. . . I CSXT Fotu 20370 - Page 10 Revised l\!arch 1999 0 Agreement No. CSX-038255 17. TITLE; LIENS, ENCUMBRANCES: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of- way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation ofthe quality of Railroad's title for any particular Right-of-Way in Crossing(s) occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Railroad does not warrant title to any Right-of-Way in Crossing(s), and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Right-of-Way, and all leases, licenses and easements or other interests previously granted to others herein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Crossing is located otherwise permits Licensor to make such grants to Licensee, as "permission to use" the Right-of-Way, with dominion and control over such portion of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Right-of-Way occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Right -of- Way and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control, and Licensee acknowledges that it does not have the right to occupy any such portion of the Right-of- Way without also receiving the consent of the owner of the fee simple absolute estate. In such cases, Licensee shall not be permitted access to the Right-of-Way until it provides Licensor with evidence, reasonable satisfactory in Licensor's sole discretion, that it has either obtained the consent of the owner of the fee simple absolute estate, or does not otherwise require such consent. Further, Licensee shall not obtain, exercise or claim any interest greater than the rights of Licensor in the Right-of-Way, under this Agreement. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right, to any claim against Railroad for damages on account of any deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Railroad's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to full and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon Licensee's facilities placement, or the presence of Licensee's facilities in, on or along any Crossing( s), including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Crossings(s), nor shall the exercise of this Agreement for any length of time give rise to any right title or interest in License to said property other than the license herein created. . f . .f I CSXT Fr 2037G - Page 11 Revised J1arch 1999 " Agreement No. CSX-038255 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, COWlty, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, te~ condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Pipeline and Crossing is located. IN WIlNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the date and year first above written. CS.X;}}l<lSPORJf{~L By., ~UA./ . PrintfType Name: Karen E. Mohl€r PrintfType Title: DIrector - Contract AdministratiOf'li Countersigned: CITY OF CLEARWATER UTILITY SYSTEM BY:~4 . /).JILLIA()1 8 JfO~N[;1I 'WiER1/Y\ City Manager Approved as to form: ~~ n Carassas Assistant City Attorney Attest: jJ ., I I csx I CSXT 7455 REV. 5-27-92 o( TRANSPORTATJON APPliCATION FOR PIPELINE CROSSING UNDER/OVER PROPERTIES AND TRACK - ,C!.or.RRUse~ D'" 4{,[I'_ ~.">isiou f!I&leill#e VtdSec. (M4p)tJ3753 J!fJJJfJ/li{)tlJ.3JJi,~/lJ J;}-;Jl5ft:pJ/ ~~.J-~~- ;'7/~ pIMis'l:r' proposed inst~n~tion shan be suommed to an me~~proVil of :K~mpany before construction is beguiL Material and installation are to be in strict aCCOJ"~ with sper;fications of the American Railway Engineering Association and requirements of CSX Transportatiou, IDe. Origiual and four (4) copies of this form shall be submitted, accompanied by five (5) letter size prints of a drawing showing plan, elevation section of crossing from field survey, location in respect to milepost, width of Railroad's right-of-way and location of adjacem structures affecting crossing. and all information required in Ftgurcs 1 and 2 of AREA Specifications. Part 5 - Pipelines. If open cutting or t1mneling is necessary, details of sheeting and method of supporting tracks or driving twme1 shall be sho~ 1. CompJctclegalnameofapplicant: City of Clearwater Utility S.ystem Telephone: ( 727 ) 562-4750 2. Address: P.O. Box 4748 City: Clearwater State: Florida Zip: 33758 3. If incorporated, DaD1C of state in which incorporated: F lor i d a Municipality: C i t Y 0 f C 1 ear w ate r 4. ~ 838 feet E a s t (directiOll) from nearest Railroad Milepost R . R. M P S R - 872 5. Near~tCity: Clearwater CoUDty: Pinellas State: Florida 6. Within limits of public highway? Yes X No . If "yes., show the road right-of-way on print. POT /AAR Crossing No. N I A 7. Temporary track support or riprappiug required? Yes No X - Describe 8. WII'es, poles, obstruc:tious to be relocated? Yes No v ^. -Describe 9. Product to be conveyed Potabl e Water 10. Max. Working Pressure 80 11. Location of shut-oif valves 12. PIPE SPECIFlCATIONS: Material Material Specifications &. Grade . Minimun Yield Strength of Material PSI Mill Test Pressure PSI Inside Diameter WaIl Thickness Outside Diameter Type of Scam Laying LcTlgtb..'l Kind of Joints Total~. Wlthin Railroad Right-of-Way Vents: Number N I A Size Seals: Both ends Bri ck & Mortar Bwy: Base of rail to top of casing 8 Bury: (Not beneath tracks) 6' Bury: (Roadway ditches) 3 CATHODIC PROTECTION: Yes PROTECI'IVE COATING: Yes X Type, size and spacing of insulators or supports 13. MethOd of installation J a c k & B 0 r e 14. If application is revision to exi~ng aossing, give date of agreement NI A If application is approved, applicant agrees to reimburse CSXT for any cost incurred by the Railroad incident to installation, maintenance, and/or supervision ner~sitated by this pipeline ind~11ation and further agrees to assume all liability for accidents or injuries which arise as a result of this installation. Should open cut iDst~11ation be required, applicant wiD be responsible for all costs incurred by CSXT to remove and reinstall rail and incidental track resurfacing. Contract preparation fee in the amount of $211lUIO is allac:bed. . ""Y7~ \. /J ? Y //? _ ~ S )-&0 ~~ Date /i. v..... / /) '?~) /) c:::/:: Signature'" l1de of O"fliccr Ma1cing Application U~)I{ C/:!),1'r7t.LJ Interim City Please Type or Print: Michael D. Quillen, Engineer ~aIne l1de At R/R F1~mm~ble? Yes PSI. FJeld Test Pressure right-of-way lines CARRlERPIPE: Ductil e Iron Pressure class 42,000 N/A 16.80 in. 0.30 -in. 17.40 150 No X Temperature PSL Type Test Hydrostati c. 350 CASING PIPE: Steel Schedule 40, ASTMA 53, Grade A 35,000 N/A 32 in. 0.50 in. 33 in. welded 20. typo (varies) Threaded. 60. 20. Mechnical 100. Height above ground One end feet feet feet 3 6 O. inches inches inches No No X Kind Bituminous Coated ty (727 ) 562-4750 Telephone Number ~, ,. i' W: \ENV_ENG\2110-001.002\csx-permittwg Man Feb 14 08: 47: 40 2000 I g: .. ... ~ " " ~ !i!" .....i!l U~ T fl "1 PI 1 ~ ~ ~i~ '"~ ~ 1Il iii LoI :-' h Q ~ 1Il III ~ ~ n 1-4 !S III -4 ~ ~ ::u 0 ~ ~ a ~ ~ ",. ''$ :-t n .... 0 ,... 0 1 ;;a jD i .., ~ ~ ;r:: r= .... ,., PI "ll ~ ;;a 0 III 5 .... 0 ~ III '" ;0 z- 1 iiltl 1Il -..j ::e '" '" !!l ~ EX 16.W EX. 16.WIA ~~ ~~~ \ Igj " ;;jno n i PI "U ;;a::l"U 0 ;;aJ;j' 1J;j:" c ~~a: z -Gl ~ Z . z~ . z ~ SECTION LINE .. l!: III ... ~ .. " ~ n r- !:1 ~ r- lJ] fT'I C'l Q! fT'I \l ..... Z ~ ;;c x 0 :><: oUi VI \l -4 5l z fT'I C'l 0 ""J 2 ~ ~ Q !2 .... ~ ;g 52 \!l ~ c Z ~ :s; rn ~ 0 ~ ~ .... ~. ~ ~ "1:l ~ ~ PI !;I ::;j 0 !S n - ~ ~ ~ I~ ..... ~ '" , :-< ;;l ^....... II > ); i:: ;; ""J &l $:I PI ~ t..l 01 0 x PJ x Oi ....... o. ;:: .... ~ z '" \l Z Z PI '" )> n ;;a &l :r -4 :0 )( ~ 0 '" Ul n n c r- ~ n ~ ~ 0 ~ -4 r= III ~ ::0 0 fT'I :-t ~ ..., :;lj PI II) -i n 0 0 fT'I r- ~ !5 _::0 ); Z !2 ..., ::0 =< ~ Sil :0;:: r- =< ~ III 0 ~ ,." :-' ~ ::0 fT'I ::0 0)' 0 ::0 III 0 )> ;:: . t:J )> 1- ~~ Z -4 ~~ Z ~ ~(;') &< ~ J\" t; AUG I 5 2000 ~ ! I " I' 01 I L-fyA csx: TRANSPORTATION James T. Lumpkin Manager Conlract Administration rn~~nw~ SOO Water Street, SC 1180 Jacksonville, FL 3n02-4423 (904) 359-1399 FAX: (904) 359-366S E-Mail: James_~com CITY Of CU);:....'LR PUBLIC WORKS AG~..'1IS'RATlON August 10, 2000 Agreement No. CSX-038255 Mr. Michael D. Quillen, P.E. City Engineer City of Clearwater Utility System P.O. Box 4748 Clearwater, FL 34618-4748 Dear Mr. Quillen: Attached is fully-executed original of Agreement No. CSX-038255, dated May 10, 2000. It is your responsibility to schedule the installation with CSXT Roadmaster, Telephone: (813) 664-6257 (ideally between the hours of6:30 AM and 8:30 AM), FAX: (813) 664-6388, at least seven (7) days in advance of the date you desire to commence the project. No work is to be performed on Railroad property without Roadmaster's authorization. Very truly yours, d~cf~ ~ James T. Lumpkin Attachment