03-27 (2)
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e
RESOLUTION NO. 03-27
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF PIPELINE CROSSING
AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CSX
TRANSPORTATION, INC., FOR THE INSTALLATION OF 472' OF 54"
STORM PIPE AND 52' OF TWIN 50"X30" BOX CULVERT IN THE
CSX RIGHT-OF-WAY; AND APPROVE PIPELINE LONGITUDINAL
OCCUPANCY AGREEMENT NO. CSX-045328, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City authorizes the execution of Pipeline Longitudinal
Occupancy Agreement No. CSX-045328 and agrees to the terms and conditions of the
agreement, a copy of which is attached hereto as Exhibit A, and
WHEREAS, CSX Transportation Inc. has agreed to allow the City to install
472' of 54" storm pipe and 52' of twin 50"x30" box culvert within their right-of-way in the
vicinity of Palmetto Street and Highland Avenue, as stated within the terms of said
agreement, and
WHEREAS, the City Manager of the City of Clearwater is hereby authorized
to sign the agreement described in this resolution.
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Pipeline
Crossing Agreements between the City of Clearwater and CSX Transportation, Inc.,
allowing the City to install 472' of 54" storm pipe and 52' of twin 50"x30" box culvert
within CSX right-of-way.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 7th
_~.a7)fl?l.f .
Bry D. Rt1ff
Assistant City Attorney
Attest:
~. .
~ ~~ - ~
~nt . Goudeau ." '. ea,
~CitYClerk .
7
Resofution No. 03-ZfflXJ
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CSXT Form 2537G - Page 1
Revised May 2002 0
Agreement No. CSX-045328
PIPELINE LONGITUDINAL OCCUPANCY AGREEMENT
THIS AGREEMENT, Made as of April 23, 2003, 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, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Florida, whose mailing address is 100 S. Myrtle Avenue, Clearwater, Florida 33756-5520,
hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct, use and maintain a pipeline, solely for the
transmission of stormwater, hereinafter called "Pipeline," along the rail corridor, right of way and
property owned or controlled by Licensor at or near Clearwater, County of Pin ell as, State of
Florida, paralleling Railroad's trackage,beginning at Valuation Station 1294+76, Milepost SY-
873.19, and extending to Valuation Station 1297+32, Milepost SY-873.24, Clearwater
Subdivision, including necessary aerial or subterranean crossing(s), hereinafter called the
"Occupancy," as shown on print of Licensee's Drawing LGW045328, dated August 7, 2002,
attached hereto and made a part hereof; other details and data pertaining to said Pipeline being as
indicated on Licensee's Application Form, dated April 15, 2003, 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 Occupancy for any and all purposes;
(B) All encumbrances, conditions, covenants and easements 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 grant to Licensee the nonexclusive license and permission to construct, maintain,
repair, renew, operate, use, alter or change said Pipeline in the Occupancy above solely for the use
stated 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 Occupancy, and as shown on attached Application Form.
Exhibit "A"
CSXT Form 2537G - Page 2
Revised May 2002 0
Agreement No. CSX-045328
. 1.3 No additional pipeline or other facilities shall be placed, allowed or maintained by
Licensee in, upon or along the Occupancy except upon separate prior written consent of Licensor.
2. LICENSE FEE; TERM:
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 nonrefundable License Fee ofTWEL VE
THOUSAND TWO HUNDRED FORTY AND 00/100 U.S. DOLLARS ($12,240.00) upon
execution of this Agreement. Licensee agrees that the License Fee applies only to the original
Licensee under this Agreement. In the event of a successor (by merger, consolidation,
reorganization and/or assignment) or if the original Licensee changes its name, then Licensee
shall be subject to payment of Licensor's current administrative and document preparation fees
for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis.
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 Occupancy.
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2.3 This Agreement shall be effective upon the date first written above. License shall
be revocable only, 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:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/orremove
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.M.A. Specifications), Licensee's
particular industry, and/or any governmental or regulatory body having jurisdiction over the
Occupancy 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 of the material(s) and
size(s) appropriate for the purpose(s) above recited.
3.3 All Licensee's work and exercise of rights hereunder shall be undertaken so as to
eliminate or minimize any impact on or interference with the safe use and operation of Licensor's
track(s).
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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 Occupancy, 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.
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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 Occupancy 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), any violations thereof, or for costs or expenses of compliance or remedy.
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CSXT Form 2537G - Page 4
Revised May 2002 0
Agreement No. CSX-045328
5.
MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance 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;
(B) Backfill with satisfactory material and thoroughly 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 or maintenance 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 Upon removal of the Pipeline, 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 of location, height or depth of Pipeline or Occupancy, Licensee, at its sole cost and expense
and within thirty (30) days after notice in writing from Licensor, shall make changes in Pipeline or
Occupancy 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
Occupancy in relation to Licensor's track(s) and facilities, and shall relocate Pipeline or change
Occupancy, 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.
CSXT Form 2537G - Page 5
Revised May 2002 0
Agreement No. CSX-045328
. 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 pipe 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.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Pipeline/Occupancy herein permitted may not presently interfere with
Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance
of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or
otherwise) with Licensor's communication, signal or other wires, powerlines, train control system,
or other facilities; or (b) interference in any manner with the operation, maintenance or use by
Licensor of its right-of-way, track(s), structures, pole lines, devices, other property, or any
appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from
Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take
such remedial action or make such changes in its Pipeline as may be required in the judgment of
Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor
may do so or contract to do so, at Licensee's sole cost.
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8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor
hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs,
maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at
Licensee's sole cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from
and against any and all liability , loss, claim, suit damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person
whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to
or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way
connected with the construction, repair, maintenance, replacement, presence, existence,
operations, use or removal of Pipeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when proven to have
been caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER,
during any period of actual construction, repair, maintenance, replacement or removal of
Pipeline, wherein agents, equipment or personnel of Licensee are on the railroad right-of-way,
Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory
fault or negligence of Licensor.
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9.3 Notwithstanding Section 9.1, Licensee also expressly assumes all risk ofloss which
may result from Licensee's failure to maintain either the Pipeline or the required depth and
encasement for Pipeline.
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9.4 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 Occupancy area, arising from or in
connection with the use of this Occupancy 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
oflateral or subjacent support of Licensor's tracks arising from such leakage.
9.5 Obligations of Licensee hereunder to defend, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, and their respective officers, agents and employees.
9.6 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:
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10.1 Prior to commencement of surveys, construction or occupation of Occupancy
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 00/1 00
U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability
and property damage liability is currently required as a prudent minimum to protect Licensee's
assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty
(30) days' notice to Licensor 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 C907 at the
address listed above.
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CSXT Form 25370 - Page 7
Revised May 2002 0
Agreement No. CSX-045328
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.
10.4 Securing such insurance shall not limit Licensee's liability under this Agreement,
but shall be additional security therefor.
10.5 In the event Licensee finds it necessary to perform construction or demolition operations
within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel,
track(s), roadbed, overpass or underpass, Licensee shall (a) notify Licensor and (b) require its
contractor( s) performing such operations to procure and maintain during the period of construction or
demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL) Insurance, naming
Licensor as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96)
with limits of TWO MILLION AND 00/100 U.S. DOLLARS ($2,000,000.00) per occurrence for bodily
injury and property damage, with at least SIX MILLION AND 00/100 U.S. DOLLARS ($6,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if
an older ISO Form CG 0035 is used. The original of such RPL policy shall be sent to and approved by
Licensor prior to commencement of such construction or demolition. Licensor reserves the right to
demand higher limits.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor
of Licensee, to move any vehicles or equipment over track(s) of Licensor, except at public road
crossing(s), without separate prior written approval of Licensor (CSXT Form 7422).
11.2 If Licensor deems it advisable, during the progress of any construction,
maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen,
flagmen, inspectors or supervisors at the Occupancy for protection of operations of Licensor or
others on Licensor's right-of-way, and to keep persons, equipment and materials away from
Licensor's track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor
shall not be liable for failure to do so.
CSXT Form 2537G - Page 8
Revised May 2002 0
Agreement No. CSX-045328
. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or
supervisors, during all times of construction, repair, maintenance, replacement or removal, at
Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or
neglect of such watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any work
performed at the expense of Licensee pursuant hereto, shall be paid by Licensee within thirty (30)
days after receipt of Licensor's bill therefor, subject to Licensee's budgetary rules.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all materials used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate(s).
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13.
DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement shall be
deemed of the essence thereof, and in the event Licensee shall fail or refuse to fully and completely
perform any of said covenants or to remedy any breach, within thirty (30) days after receiving a
written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a
railroad emergency), Licensor shall have the option of revoking this Agreement, and the privileges
and powers hereby conferred, regardless of license fee(s) having been paid in advance for any
annual or other period. Upon such revocation, Licensee shall make removal in accordance with
Article 14.
13.2 Any waiver by Licensor of any breach of covenant or condition shall not be
construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof,
unless such covenant or condition is permanently waived in writing by Licensor.
14. TERMINATION, REMOVAL:
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14.1 All rights which Licensee may have hereunder shall cease upon (a) termination,
(b) revocation, (c) subsequent agreement, or (d) Licensee's removal of Pipeline from the
Occupancy. However, neither the termination nor revocation of this Agreement shall affect any
claims and liabilities which may have arisen or accrued hereunder, and which at the time of
termination or revocation have not been satisfied; neither party, however, waiving any third party
defenses or actions.
CSXT Form 2537G - Page 9
Revised May 2002 0
Agreement No. CSX-045328
. 14.2 Within thirty (30) days after revocation or termination, Licensee at its sole risk
and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties
hereto agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor ,and
(c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal.
15. NOTICE:
15.1 Licensee shall give Licensor's Chief Regional Engineer (Florida Business Unit,
5656 Adamo Drive, Tampa, FL 33619-3240) at least five (5) days written notice before doing any
work on Licensor's property, except that in cases of emergency shorter notice may be given to
said Chief Regional Engineer.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address shown on Page 1, 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
effective upon (a) actual receipt, or (b) date ofrefusal of such delivery.
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16. ASSIGNMENT:
16.1 The rights herein conferred are the privilege 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 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 notice of any legal succession (by merger,
consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a
copy of 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 Occupancy, upon 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 written notice to Licensee or any such assignee; and
Licensee shall reimburse Licensor any loss, cost or expense incurred by Licensor as a result of
Licensee's failure to obtain said written consent.
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CSXT Form 2537G - Page 10
Revised May 2002 0
Agreement No. CSX-045328
. 16.6 In the event of sale or other conveyance by Licensor of its Right-of-Way, across,
under, or over, which the Occupancy(s) is constructed, Licensor's conveyance shall be made
subject to the right of Licensee to continue to occupy the Occupancy 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.
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17. TITLE:
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 Licensor'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 Licensor does not
warrant title to any Right-of-Way in the Occupancy, 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- W ay which is owned by Licensor. in fee simple absolute, or where the applicable law of
the State where the Occupancy is located otherwise permits Licensor to make such grants to
Licensee, a "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. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee
further acknowledges that it does not have the right to occupy any portion of the Right-of-Way
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Right-of-Way that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Licensor's title to
any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully 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 Occupancy,
including claims for punitive or special damages.
CSXT Form 2537G - Page 11
Revised May 2002 Ii}
Agreement No. CSX-045328
. 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 Occupancy, 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.
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.
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18.4 This Agreement is executed under current interpretation of applicable federal, state,
county, municipal or other local statute, ordinance or law. However, each separate division
(paragraph, clause, item, term, condition, covenant or agreement) hereof 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 Occupancy are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due
date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen
percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted.
19. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ X ] Telecommunication Cable or Fiber Optic line
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CSXT Form 2537G - Page 12
Revised May 2002 0
Agreement No. CSX-045328
IN WITNESS WHEREOF, the parties hereto have executed this Agreement induplicate
(each of which shall constitute an original) as of the date and year first above written.
Witness for Licensor:
Witness for Licensee:
Countersigned:
Br~~~
Mayor-Co ~ss~oner
CSX TRANSPORTATION, INC.
By:
Print/Type Name:
Print/Type Title:
~EARWATER
: .~..-=~,,4J.,..~-:It
Who, by the execution hereof, affirms that he/she
has the authority to do so and to bind the Licensee
to the terms and conditions of this Agreement.
Print/Type Name: William B. Horne m
Print/Type Title: City Manager
Tax Identification Number:
Authority under Ordinance or
Resolution No. 03-27
dated
Attest:
~.
..~4~u~ .~
RJv',cynt a E. Goudeau __' "..'. . ~
V City Clerk. ~"'. ..
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COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
1. No construction of any type pursuant or related in any way to this Agreement shall
be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee,
without Licensee fust giving at least thirty (30) days written notice to the following Parallel Cable
Occupier(s):
("MCI")
i\TTN: Investigations
Mr.Dean Boyers
Worldcom/MCI Telecommunications Corporation
2400 North Glenville Drive
Richardson, TX 75082-4354
Phone No. (800) 624-9675
or (972) 729-6016
(NOTE: WRITTEN CONSENT OF MCI IS ALSO
REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general plan, elevation,
details and methods of Licensee's proposed construction, and the location ofOccupier(s)' cable or
facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier( s) traversing or
located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection ofwire(s), cable(s) or facilities of
such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s).
CSX TRANSPORTATION, INC.
Licensor:
(Initial)
(Date)
CITY OF CLEARWATER
Licensee: t,.A)~
(Initial)
oJ(31{)~
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FORM CSXT 7455 - Rev. 11/01/02 (Page 1 of2)
APPLICATION FOR PIPELINE
CROSSING OR PARALLELING PROPERTIES AND TRACK
Submit one original and one copy of both the application and drawing along with a $650.00 nonrefundable
Application Fee to CSX Transportation, Property Services 1180, 500 Water Street, JacksonvilJe, FL 32202.
Application and plans must be approved and written authority received from the Railroad before construction is begun.
Your proposal and construction must be in accordance with CSXT's Specifications, the American Railway
Engineering and Maintenance-of- Way Association (AREMA) and any current governing laws or regulations. Note:
Specifications furnished in the Application Package are to be used as a guideline only. CSXT reserves the right to
approve or decline any application.
PLEASE SIGN BEFORE COMPLETING: Agreement No.: ClSX04S ,~
I affirm the information I am furnishing in this application will comply with the current AREMA Standards, governing
laws or regulations, and accurately reflects the proposed construction plans: .
Signature: Application Date: J/ IS} 03
/project OwnerInformation:/ )('Clleck here ifagreement should be mailed to this address
I. Complete Lee:al Name of applicant as it would aooear in a lee:al document (inaccurate informationwiUdelay
vour reQuest):
City of Clearwater, Florida
2. Company Contact Name: Elliot Shoberq. P.E.
Title: Civil Engineer. III
3. Telephone: ~ 562-4748 Fax: (72'1J 562-4755 E-Mail: eshoberQ~clearwater-fl.com
4. Street Address:100 S. Myrtle Ave - City: .Clearwater State: FI Zip:33756-5520
5. Type of business:
o Corporation (State of incorporation ).
o Partnership (Type and State of Partnership )
o Individual 0 Developer ~ Municipality D. Other
/Engineer/Consultant Information:/ 0 Check here if agreement should be mailed to this address
6. Company Name: Parsons Engineering Science. Inc.
7. Company Contact Name: John loper Title: P. E.
8. Telephone: (813) 933-4650 Fax: (813) 930-7332 E-Mail: John.e. lopeIiflarsons. com
.9. Street Address: 3450 Buschwood Park Dr. City: m a State: FI Zip: 33618
Suite 345
/project Information:/ (Note: Metric Information willlYQI. be accepted.)
10. Is this installation: ~ New 0 Revision to existing 0 Attachment to existing 0 Upgrade to existing
11. Ifnot.a new installation, furnish existing Agreement Number:
12. If this installation is to be a supplement to your master (general) agreement, furnish:
Agreement Number: Date:
13. Your Reference Number:
14. Work to be performed by:
o Applicant's employees
00 Contractor
15. Town Location:
Is Applicant an Aegis member? 0 Yes
Contractor Name: Out to Bid
Clearwater County: Pi np.ll ::l!':
o No
State/Province: 1= 1
(Fonncontinued on Page 2.)
/project Infonnation Cont'd:/
FORM CSXT 7455 - Rev. IIlO 1/02 (Page 2 of2)
.
16. Product to be Conveyed:
Temperature: Ambient
17. Maximum Working Pressure: NI A
18. Location of Shut-Off Valves: NI A
19. Number:~ Manholes~ ~ Other (describe) 472" of 5411 RCP & 52" of 50" x 30" Box Culver
to be located within Railroad corridor. Manholes shall be flush with top of ground and dimensions
of ancillary structures are required on drawing.
20. Distance from manholes/other to nearest track: Headwell 14' from track
21. Angle of Crossing: Number of Tracks to be crossed:
22. PIPE SPECIFICATIONS: STORM ..ejd~..I""UEapIPE: BOX CULVERT ~C'-ASJNG'P.JPEs-
Material Reinforced concerte reinforced concrete
Material Specifications & Grade FDOT spec Section 941 ASTM C-748
Minimum Yield Strength of Material PSI 3000 PSI 3000 PSI
Inside Diameter .' 54" 30'. X. 5.0 II
Wall Thickness - 5" . Ii.
Outside Diameter Ii 5 II 42.. .
Type of Seam NI A N) A
Kind ofJoints GASKET JOINTS GASKET JOINTS
Total Length Within RailroadRIW .2-8'4" ~5(. 52'
Tunneling (Liner Plates) Note: Attacb manufacturer's shop detail and computations that
include plate thickness and ~al!e.
N I A Height above ground
Stormwater
Flammable: 0 Yes ~ No
Field Test Pressure:
NI A
Type Test:
N/A
23.
24.
25.
26.
27.
Vents: Nmnber NI A Size
. Seals: 0 One End 0 Both Ends
Bury depth: Base of rail to top of casing: N / A feet N I A inches
Not beneath tracks: .:l feet inches
(Below ditches) feet, inches
Cathodic Protection: 0 Yes 0 No Protective Coating: 0 Yes (Kind)
Method ofinstallation: Open Trench
Temporary track support or riprapping required? 0 Yes 121 No (Describe and Detail on Drawing)
Wires, poles, obstructions to be relocated? 0 Yes XJ No (Describe and Detail on Drawing)
Is this botlt a Crossi!1g and Parallelism? 0 Yes Xl No
Crossing location: NI A feet HI A (direction) from Railroad Milepost: NI A
If known: Valuation Station: N I A Valuation Map Number: N I A
If known: Latitude/Longitude: N / A
If known: Street Address of Crossing!J>arallelism: ~J.lle'e'~H-:i~A..v.&.
Parallelism location: BelZirming: c-lq 0 feet S I w (direction) from RR Milepost: 9>13
and Ending: '. 12~'P. feet s/w (direction) from RRMilepost: ...s-n <373
Total length on Railroad R/W: _ ~" . - . . Length Crossing: HI A Length Paralleling: ~:<.5h
Will line be entirely within a public road RIW? 0 Yes II No DOT/AAR Crossing No.: .
** If you answered yes, road name, number, and width of public right-of-way are required on drawing
a) Will this occupancy connect to an existing facility within Railroad corridor? 0 Yes IX No
b) If Yes, name facility owner(s):
N/A
.
N/A
o No
28.
29.
30.
31.
/Railroad Use Only:1
Division .JJcy.~n\fl Ue. Subdivision ~a.fUJ~ No. of Crossings:
Absolute No.: 03/5 3 Valuation SectionlMap No.:
Valuation Station: /2Cly. -r7tp -7 /2 'J 7t3 2-
Milepost: ~. 5'1 913,1'1 -7 sy 'l73 .2Lf
.
Roadrnaster No.: :P ':fie:>
Contr. Type: ? \ s T L
Fiber?
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REVIS/ON
CITY OF CLEARWATER. FLORIDA
PUBUC WORKS ADMINISTRATI
ENGINEERING
100 S. Myrtle Ave.
Clearwater, F1 33756
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18
12
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CONSr. U' 51-
RCP 02.
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PALMETTO STREET
DRAINAGE IMPROVEMENTS
CLEARWATER COUNTRY CLUB
DRAINAGE IMPROVEMENTS
IrJPARSONS
34SOa-""oodParilDr.
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Tampo.Fl" 33"'.
PIIone:(81J)9JJ_4650
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..........Pf"-022502
DUT....22 OF 30