AGREEMENT FOR PIPE LINE FOR NATURAL GAS
..
1
Firm 3537-A Sheet 1
R~vised March 1984
RE-48407
6JF0410841 21
AGREEMENT FOR PIPE LINE FOR NATURAL OR L.P. GAS
THIS AGREEMENT, Made this 8th day of April, 1984, by and between the
SEABOARD SYSTEM RAILROAD, INC., a Virginia corporation, hereinafter referred
to as Licensor, and CITY OF CLEARWATER, FLORIDA, a municipality, whose
mailing address is P. O. Box 4749, Clearwater, Florida 33518-4749,
hereinafter referred to (severally, if more than one) as Licensee,
WITNESSETH: That Licensor, for and in consideration of the rents or
sums of money hereinafter agreed to be paid by Licensee, and of the covenants
and agreements hereinafter made and contained on the part of Licensee to be
kept and performed, hereby grants unto Licensee, insofar as its title enables
it so to do, the right or license to install and maintain for the purpose of
conducting NATURAL GAS, not to exceed a maximum operating pressure of 60 PSI,
a 6-inch steel pipeline across the right of way and under the main track of
Licensor at CLEARWATER, FLORIDA, at a point 396 feet northwardly measured
along the center line of said main track from Milepost ARE-875; as shown in
green on print of Licensor's Drawing, attached hereto and made a part hereof;
other details and data pertaining to said pipe, including the method of
installation and the minimum depth of placement thereof that must be adhered
to, being as indicated on Licensee's Application Form dated September 28,
1983, also attached hereto and made a part hereof.
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee shall install and maintain said pipe at Licensee's expense
in a manner satisfactory to the Division Engineer of Licensor and so as not
to interfere with pipe or other structures now in place. In the event said
pipe shall require repair or renewal, Licensee shall make such repair or
renewal at Licensee's expense; and upon the failure of Licensee so to do, the
said Division Engineer of Licensor shall give written notice to Licensee, and
upon the failure of Licensee to make repair or renewal within thirty days
after such notice, Licensor may make all necessary repair or renewal at the
cost of Licensee, which cost Licensee hereby agrees to pay on demand.
2. Licensee shall install and maintain, above ground and in a manner
and at such locations as may be designated by said Engineer of Licensor,
markers to plainly indicate the location, depth at which installed and
ownership of said pipe. Licensee will, at Licensee's expense, at any time,
upon thirty days' written notice given by Licensor, change and alter the
location of said pipe to conform to any changes or improvements that may be
made by Licensor in its tracks or roadway at said location, or to permit the
utilization of Licensor's right of way, or other lands, for the construction
of tracks, buildings or other structures.
3(a). Licensor shall not be responsible in any manner for loss of or
damage to said pipe and the contents thereof from any cause whatsoever; and
Licensee shall and does hereby assume, and agrees to indemnify and hold
harmless Licensor, its successors and assigns, from and against all loss,
cost, expense, including attorneys' fees, claims, suits and judgments
whatsoever in connection with injury to or death of any person or persons or
loss of or damage to property caused by or in any way connected with the
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Firm 3537-A Sheet 2
Revised March 1984
installation, maintenance, use or presence of said pipe and appurtenances on
said premises, howsoever caused, and whether resulting from negligence of
said Licensor, its agents or otherwise.
(b). Any provision herein to the contrary notwithstanding, Licensee
agrees to indemnify and hold harmless Licensor from all claims, costs and
expenses (including attorneys' fees) as a consequence of any incident
resulting in the pollution of air, water, land and/or ground water arising
from or in connection with the grant of this indenture or any supplements
thereto regardless of the location or proximity of such pollution to the
demised premises; and for any claim or liability arising under federal or
state law dealing with the pollution of air, water, land and/or ground water.
(c). All obligations of the Licensee under this agreement to release,
indemnify and hold harmless the Licensor shall also extend to officers,
agents and employees of the Licensor, and to companies and other legal
entities that control, are controlled by, are subsidiaries of, or are
affiliated with, the Licensor, their respective officers, agents and
employees.
4. Licensee will not use said pipe for any other purpose than that
specified herein, and will not assign this agreement or suffer or permit any
other person or corporation to use said pipe without the consent in writing
of Licensor.
5. It is further understood and agreed that if at any time Licensee
fails to comply with each and every covenant contained herein and/or fails to
use said line of pipe for the purpose herein set out during any consecutive
period of six months after said line of pipe has been installed, then and in
either event Licensee will, within thirty days after receipt from Licensor of
written notice so to do and regardless of rental (if provided herein) having
been paid in advance for any annual, semi-annual or other period, remove said
pipe from the premises of Licensor and restore said premises to a condition
satisfactory to the said Division Engineer, or other proper officer of
Licensor, and that in the event of failure of Licensee so to do, Licensor may
remove said pipe and restore said premises at the cost and expense of
Licensee, which cost and expense Licensee hereby agrees to pay Licensor on
demand.
6. Licensee will pay to Licensor, on bills rendered by Licensor, the
full amount of all cost and expense which may be incurred by Licensor in
protecting its track or tracks and maintaining traffic thereover by driving
piling or by other means while said pipe is being installed thereunder, or
during any repair, renewal, relocation or removal of said pipe.
7. In the event Licensee provides and installs, either simultaneously
with the installation of said line of pipe described herein or at a later
date upon receipt of authority from Licensor so to do, electrically actuated
cathodic or other protective equipment for said pipe, Licensee will submit
plans and operating frequency, voltage, and current values of such protective
system to Licensor for its approval prior to placing such system in service.
Licensee will cooperate with Licensor in conducting such tests as Licensor
may deem necessary to determine if such protective system adversely affects
any of Licensor's communication, signal, or other facilities. If Licensor's
facilities are affected to the extent Licensor deems remedial procedures
,.... ~ :,
I
Firm 3537-A Sheet 3
R!vised March 1984
necessary, Licensee will, at its expense, provide the necessary equipment and
effect the necessary changes in Licensee's facilities to bring such
interference within levels tolerable to Licensor, and will bear all expense
for related changes in or additions to Licensor's facilities.
8. It is expressly understood and agreed that Licensee shall be
prohibited, incident to the installation and/or maintenance of said pipe on
Licensor's property, from using explosives of any type without the express
written consent of Licensor; in the event such consent is extended, a
representative will be assigned by Licensor to protect Licensor's interests
and Licensee, in addition to all other costs to be borne by Licensee as
herein set forth, shall reimburse Licensor for the entire cost and expense of
furnishing said representative.
9(a). During the installation of said pipe, the Licensee shall furnish
(or require its contractor to furnish) the Licensor a Certificate of
Insurance showing that the Licensee lor i~s con~ractor) carries liability
insurance applicable to the job in question (evidencing said applicability by
a contractual liability endorsement stating that the insurance is applicable
to the obligations assumed by the Licensee under the agreement with Licensor)
in the amount of $2,000,000.00 for all personal injuries, death, or property
damage, per occurrence arising during the policy period.
(b). The Licensee shall furnish certificates of insurance evidencing
the above coverage and the form of the policy (or policies), the carrier and
the amount of the coverage shall be subject to the prior approval of the
Licensor. Such insurance shall contain a contractual liability endorsement
which will cover the obligations assumed under this agreement and such other
endorsement or endorsements as, in the opinion of counsel for the Licensor,
may b~ necessary or advisable to fully protect and indemnify the Licensor.
In addition, such insurance shall contain notification provisions whereby the
insurance company agrees to give 30 days' notice to the Licensor of any
change or cancellation of the policy. All of these endorsements and notice
provisions shall be stated on the certificate of insurance which is to be
provided to the Licensor.
(c). Prior to using said pipe and during the continuance of this
agreement, the Licensee will furnish the Licensor Railroad Protective Bodily
Injury and Property Damage Liability Insurance in contract form as shown on
the attached Exhibit "A" in a combined amount of $2,000,000.00 per occurrence
for all personal injuries, death, or property damage arising as a result of
operations authorized by this agreement during the policy period.
(d). It is understood and agreed that the liability assumed by the
Licensee in this agreement shall not be limited to the insurance coverage
stipulated herein.
(e). In the event said insurance is cancelled, or is allowed to lapse,
said pipe shall be subject to immediate removal by Licensor without Licensor
being required to notify Licensee in advance of such removal; in such event,
the entire expense borne by Licensor for removing said pipe shall be paid for
by Licensee.
10. The portion of said pipe under said track and roadbed thereof shall
be encased by and at the expense of Licensee in 12-inch steel pipe conduit,
I
~rm 3537-A Sheet 4
Rlvised March 1984
sealed and vented at each end, and placed at
below the base of rail of said track,. or not
bottom of Licensor's roadbed ditches, or not
surface - whichever depth may be the lower -
said conduit.
a minimum depth of 66 inches
less than 36 inches below the
less than 36 inches below ground
measurements being to the top of
11. In addition to all other considerations mentioned herein, Licensee
agrees to pay to Licensor the sum of $200.00, which sum includes (i) $100.00
to partially reimburse Licensor for the costs of survey and other handling
necessary to the making of this agreement and (ii) $100.00 to cover the cost
for Licensor to obtain Railroad Protective Liability Insurance during the
time Licensee is utilizing Licensor's property for the installation of the
facility described herein.
12. It is understood and agreed that this agreement shall not be binding
until it has been authorized or ratified by a proper ordinance or resolution
of the City Council of the City of Clearwater, Florida, a certified copy of
which ordinance or resolution is attached hereto and made a part hereof.
IN WITNESS WHEREOF the parties hereto have executed this agreement in
duplicate the day and year first above written.
Witnesses for Licensor:
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Witnesses for Licensee:
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SEABOARD SYSTEM RAILROAD, INC.:
By
(L. S.)
athleen F. Ke ly
Mayor-Commissioner
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"GREEN" FORM
DECLARATIONS
It em I.
NAME AND ADDRESS OF ASSURED:
Item 2.
LIMITS OF LIABILITY:
It em 3.
LOCATION AND DESCRIPTION OF OPERATIONS:
Item 4.
INSURANCE PERIOD:
It em 5.
PREMIUM :
Dated:
By
E X H I BIT "A"
Sheet 1
I
I
(herein called the Underwriters)
AGREES with the Assured named in the declarations made a part hereof, in
consideration of the payment of the premium and in reliance upon the
statements in the declarations and subject to the limits of liability,
exclusions, conditions and other terms of this insurance.
INSURING AGREEMENTS
I. COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY
To pay on behalf of the Assured all sums which the Assured shall become
legally obliged to pay (1) as damages because of bodily injury, sickness
or disease, including death at any time resulting therefrom, hereinafter
called "Bodily Injury", sustained by any person (including, but not by
way of limitation, passengers and employees of the Assured and employees
of Contractor), and (2) as damages for injury to, or destruction of or
damage to any and all property, including the loss of use thereof
(including, but not by way of limitation, property in the care, custody
or control of the Assured, or any of its employees), hereinafter called
"Property Damage", provided said Bodily Injury or Property Damage
directly or indirectly results from the operations covered by this
insurance.
COVERAGE B - PHYSICAL DAMAGE TO PROPERTY
To pay for all loss or damage to property of the Assured, including loss
of use thereof, (including, but not by way of limitation, the regular,
extra and/or special movement of rolling stock), hereinafter called
"Physical Damage", provided said Physical Damage directly or indirectly
results from the operations covered by this insurance.
It is the express intention that this Insurance Agreement I, Coverage B,
shall protect the Assured irrespective of negligence of the Assured, its
agents or employees and/or negligence of all other persons, and
irrespective of whether or not the act or omission of any person
resulting in such liability, loss, cost, expense, destruction, or damage
shall have been performed or occurred under the authority of or in the
course of employment by the Contractor, or the Assured.
II . DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS
(1) As respects Coverage A and the coverage afforded by the other
terms of this insurance, the Underwriters shall:
(a)
defend any suit against the Assured alleging 1nJury, death,
loss, destruction or damage and seeking damages on account
thereof, even if such suit is groundless, false or
fraudulent; but the Underwriters may make such
investigation, negotiation and settlement of any claim or
suit as it deems expedient;
E X H I BIT
Sheet 2
"A"
(b)
pay III premiums on bonds to release IttaChments and
garnishments, for an amount not in excess of the applicable
limit of liability of this insurance, all premiums on appeal
bonds required in any such defended suit; but without any
obligation to apply for or furnish any such bonds;
(c)
pay all expenses incurred by the Assured, all costs taxed
against the Assured in any such suit and all interest
accruing after entry of judgment until the Underwriters have
paid, tendered or deposited in court such part of such
judgment as does not exceed the limit of the Underwriter's
liability thereon;
(d)
pay expenses incurred by the Assured for such immediate
medical and surgical relief to others as shall be imperative
at the time of the accident;
(e) reimburse the Assured for all reasonable expenses other
than loss of earnings, incurred at the Underwriter's
request.
(2) As respects Coverage A and B and the coverage afforded by the
other terms of this insurance, the underwriters shall pay all
expenses incurred by the Assured to safeguard, recover or preserve
property insured at the time of or after any loss covered
hereunder.
The amounts incurred under this Insuring Agreement, except
settlements of claims and suits are payable by the Underwriters in
addition to the applicable limit of liability of this insurance.
III. DEFINITIONS
(1) ASSURED - The unqualified word "Assured" includes the name
Assured and all subsidiary companies and/or corporations, and also
includes (1) any partner, executive officer, director, stockholder
or employee thereof while acting within the scope of his duties as
such, and (2) any other railroad operation over the tracks of the
named Assured.
(2) CONTRACTOR - The word "Contractor" means the contractor
designated in the declarations and includes all sub-contractors of
said contractor but shall not include the named Assured.
(3) OPERATIONS - The term "Operations" means the construction and
completion of the projects, structures, approaches, appurtenances,
facilities and utilities, and the performance, in the required
locations, of all work related or incident thereto, referred to in
the Contract Agreements between the named Assured and the
Contractor designated in the schedule of Contract Agreements
attached to this insurance.
E X H I BIT "A"
Sheet 3
IV.
INSURANCE PERIOD1
I
This insurance applies only to occurrences or losses occurring during
the period.
CONDITIONS
I. LIMITATION OF LIABILITY
The liability of the Underwriters under Coverage A or B, or both
combined, shall be limited to the sum as stated in Item 2 of the
Declarations. There is no limit to the number of occurrences or losses
for which claims may be made hereunder, provided such occurrences or
losses happen during the insurance period.
As respects Coverage B, the Underwriters shall not be liable beyond the
cost of replacement of the property at the time any loss or damage
occurs, and the loss or damage shall be ascertained or estimated
according to such cost of replacement with proper deductions for
depreciation, however caused, and shall in no event exceed what it would
then cost to repair or replace same with material of like kind and
quality; provided, however, that the foregoing shall not limit the
liability of the Underwriters under Coverage B to pay for loss of use of
property of the Assured.
II. PREMIUM
The premium for this insurance is as stated in Item 5 of the
Declarations.
III. INSPECTION
The Underwriters shall be permitted to inspect the Assured's premises,
equipment, operations and records as far as they relate to the subject
matter of this insurance at any time during the period and any extension
thereof.
IV. NOTICE OF OCCURRENCE OR LOSS
When an occurrence or loss occurs, written notice shall be given by or
on behalf of the Assured to the Underwriters as soon as practicable
after the Assured receives knowledge of such occurrence or loss. Such
notice shall contain particulars sufficient to identify the Assured and,
as respects Coverage A, reasonably obtainable information respecting the
time, place and circumstances of the occurrence, the names and addresses
of the injured and of available witnesses.
V. NOTICE OF CLAIM OR SUIT
If claim is made or suit is brought against the Assured, the Assured
shall immediately forward to the Underwriters every demand, notice,
summons or other process received by him or his representative.
E X H I BIT "A"
Sheet 4
VI.
ASSISTANCE AND CIOPERATION OF THE ASSURED
I
As respects Coverage A, the Assured shall cooperate with the
Underwriters and, upon the Underwriters request, shall attend hearings
and trials and shall assist in effecting settlements, securing and
giving evidence, obtaining the attendance of witnesses and in the
conduct of suits. The Assured shall not, except at his own cost,
voluntarily make any payment, assume any obligation or incur any expense
other than for such immediate medical and surgical relief to others as
shall be imperative at the time of accident.
VII. ARBITRATION
If any Assured who makes a claim under Coverage A or B for a loss or
occurrence resulting from a wreck, collision or derailment of rolling
stock and the Underwriters do not agree that the occurrence(s) or
loss(es) directly or indirectly resulted from the operations covered by
this insurance, then the matter or matters upon which such Assured and
the Underwriters do not agree shall be settled by arbitration in the
manner hereinafter set forth:
Within 120 days following the occurrence, either party may, by written
notice to the other, appoint an arbitrator. Thereupon, within 20 days
after the giving of such notice, the other party shall by written notice
to the former appoint a second arbitrator, and in default of such second
appointment the arbitrator first appointed shall be the sole
arbitrator. When any two arbitrators have been appointed as aforesaid,
they shall, if possible, agree upon a third arbitrator and shall appoint
him by notice in writing, signed by both of the first two arbitrators, a
copy of which shall be given to the Assured and the Underwriter; but if
20 days shall elapse after the appointment of the second arbitrator
without notice of the appointment of the third arbitrator being given,
then either the Assured or the Underwriters (or both) may request the
Director of Insurance of the place where the accident occurred to
appoint the third arbitrator, and upon appointment of the third
arbitrator, the three arbitrators shall meet and shall give opportunity
to each party to present his case and witnesses in the presence of the
other and shall then make their award. The award of the majority of the
arbitrators shall be binding upon the parties hereto and judgment may be
entered thereon in any court having jurisdiction thereof.
VIII. ACTION AGAINST UNDERWRITERS
As respects Coverage A, no action shall lie against the Underwriters
unless, as a condition precedent thereto, the Assured shall have fully
complied with all the terms of this insurance, nor until the amount of
the Assured's obligation to pay shall have been finally determined
either by judgment against the Assured after actual trial or by written
agreement of the Assured, the claimant and the Underwriters.
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled
to recover under this insurance to the extent of the insurance afforded
by this Insurance. Nothing contained in this insurance shall give any
E X H I BIT "A"
Sheet 5
person or organilation any right to join the undelwriters as a
co-defendant in any action against the Assured to determine the
Assured's liability.
IX. OTHER INSURANCE
If the Assured has other Insurance against a loss covered by this
insurance, the coverage afforded by such other insurance shall be excess
insurance over the insurance provided by this insurance.
X. SUBROGATION
In the event of any payment under this Insurance, the Underwriters shall
be subrogated to all the Assured's rights of recovery therefor against
any person or organization, and the Assured shall execute and deliver
instruments and papers and do whatever else is necessary to secure such
rights. The Assured shall do nothing after loss to prejudice such
rights.
XI. CHANGES
Notice to any agent or knowledge possessed by any agent or by any other
person shall not effect a waiver or a change in any part of this
insurance or estop the Underwriters from asserting any right under the
terms of this insurance, nor shall the terms of this insurance be waived
or changed, except by endorsement issued to form a part of this
insurance.
XII. ASSIGNMENT
Assignment of interest under this insurance shall not bind the
Underwriters until its consent is endorsed hereon.
XIII. INSURANCE PERIOD AND NON-CANCELLABILITY
The insurance shall be and continue in full force and effect and shall
be non-cancellable from the date of its issuance until all "operations"
insured hereunder shall have been completed.
XIV. DECLARATIONS
By acceptance of this Insurance, the named Assured agrees that the
statements in the declarations are its agreements and representations;
that this Insurance is issued in reliance upon the truth of such
representations and that this Insurance embodies all agreements existing
between the named Assured and the Underwriters, or any of its agents
relating to this insurance.
ATTACHING TO AND FORMING A PART OF CERTIFICATE NO.
DATED:
By
E X H I BIT "A"
Sheet 6
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~SEA8OARD SYSTEM RAILROAD
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APPLICAtION J"(R PIPE LINE CI.OSSIR;/PAIlALLELISM VNDDl/OVER PROPERTIES ANDTlACKS
Plana for propo.ed inataUaUon .haU be .ubmitted to and meet the approval of the "'11-
zo08d Company before conatruction U begun. llaterial and installation are to be lnnrict
accordancevlth .pecifications of the A.erican Railway Engineering A.sociation and requlTements
of the Seaboard System &aUroad. Origiaal and ewe lve (12) copies of this form .hall be
.ubm1tted, accompanied by twelve (12) letterl1ze prints of a draWing .howing plan, elevation
.acUon of cros.illl frCIII field survey, location in respect to MUe Post, width of IaUroad's
Z'1aht of vay, location of adjacent .tructure. affecting cross 1ng. and all lnfonution required
ill PilUre. 1 and 2 of MEA Specificati0D8, Part 5 - Pipelines. If open cuttilll or tunneHng
taaeceuary, de taU. of .heeting aile! .thod of .upport1ng tracks or driving tunoe 1 .hall be
.hOVD.
1. Correct'" of Applicant City of Clearwater
2. P08tOffice Metre.. P. O. Box 4749, Clearwater, Florida 33518-4749
3. Partner8hip - IIame and initi.ls aU partners. VOlDen - given and 8urnames before marr:lage
aDd pre.ent N / A
4. If iDcorporated, Dale of .tate in which iDcorporated N / A
5. Location 396 feet north (Direction) frClll nearest n MUe P08t A.R.E.VS 875
6. lIeare.t tal1roac! Station nllnpn; n County Pinellas State Florida
7. Within 11mlt8 of public highway DUeU.S. Alt. 19 Fed-State-County No. S.R. 595
8. 'l'emporary track ,upport or riprapping required ( ) Yes (xx) No _ De8cribe
t. Wire8, pole8, Ob8t~Ct1ona to benlocated ( ) Ye8 (x:>O No _ De.crlbe
10 Product Co be coaveyed Natural Gas Pl--.ble ex>> Yea ( ) 110. Temperature 600
11. Max. Workina pre..ure 60 PSI. J":leld te8t preuure125 PSI. Typete8t air
12. Location of .hut-off 'Valve8 20' west and 10' east of ends of casing
13. PIPE SPECIFICATIONS:
Material
Material Specif1catioD8 &Del Oraele
IUntasm Ylelel Strength of Haterial PSI
IUll'l'e.t rreaaure PSI
In.icle Di.. te r
Wall1'blck:Deu
Outdde Di_ter
'l'ypeofSe_
Layilll "qtha
KiDc! of .JolllU
Total Laqth vithlllllll./W
VERTS :a.ber 2
SEALs: loth eDd. x x
Imy: laae of raU to top of caa ina
IUaY: OIot beneath tracka)
BUl.Y: (loadvay ditcbe.)
CA1'Il(l)IC aorEClIOR: (x) Ya8 () 110
ftO'.rICTIVE COlTDG: (xl ~. ( ) 80 CIDd Epoxy
type, .u. aDd .pac illl of i1l8ulator. or aupporta 12" x 6" P 1 a s t 1 C (9 10' 0" s pac i n 9
14. IIItboc! of wtaUaUon .1;0,..1<' & bore
If application 18 approved, applicant alree8 to reimburse the &aUroac! for any cost
incurred bytbe taUroad iDcident to i1l8taUation, ..lntenance, and/or .upervtalOD nece8litated
.y tbb pipe li. in.tallation, aDc! further qrees to ...u. aU liability for accident. or
1lljurie. which ar.1.e a. . n.ult of dlia 1DetaUaUon. Should Open cut 98tallaUoa be required
a DOD-nfuDC!able charse of $ will be ulred re8ur ce tracka.
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