AGREEMENT FOR PIPELINE FOR NATURAL OR LP GAS
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I Form 3537-A Sheet
Revised September
RE-82431
1WBll18851 21
1
1985
AGREEMENT FOR PIPELINE FOR NATURAL OR L.P. GAS
THIS AGREEMENT, Made this 18th day of November, 1985, by and between the
SEABOARD SYSTEM RAILROAD, INC., a Virginia corporation, hereinafter referred
to as Licensor, and the CITY OF CLEARWATER, FLORIDA, a Municipality, whose
address is P. O. Box 4749, Clearwater, Florida 33518-4749, hereinafter
referred to as Licensee,
WITNESSETH: That Licensor, for and in consideration of the sum of One
Dollar to it in hand paid by Licensee, the receipt of which is hereby
acknowledged, and of the covenants and agreements hereinafter made and
contained on the part of the 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 100 PSI, a line of 6-inch steel pipe,
encased in a 12-inch steel pipe, across the right of way and under trackage
of Licensor at or near OLDSMAR, FLORIDA, at a point 1,458 feet westwardly
measured along the center line of Licensor's main track from Milepost SY-862,
as shown in green on print of Licensee'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 which must
be adhered to, being as indicated on Application Form dated October 14, 1985,
also attached hereto and made a part hereof.
And Licensee hereby covenants and agrees in consideration thereof:
I. 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 (30)
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 (30) 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, other structures or facilities.
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 wi~h injury to or death of any person or persons or
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I Form 3537-A Sheet 2
Revised September 1985
loss of or damage to property caused by or in any way connected with the
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 (30) 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 sys~em 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
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I Form 3537-A Sheet 3
Revised September 1985
facilities are affected to the extent Licensor deems remedial procedures
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 (or its contractor) 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). In addition to the insurance coverage stated above, during the
continuance of this agreement, the Licensee will furnish the Licensor a
Certificate of Insurance showing that the Licensee 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.
(c). 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 be 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 thirty (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.
(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.
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Form 3537-A Sheet 4
I Revised September 1985
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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 conduit, sealed and
vented at each end, and placed at a minimum depth of 66 inches below the base
of rail of said track, or not less than 36 inches below the bottom of
Licensor's roadbed ditches, or not less than 36 inches below ground surface -
whichever depth may be the lower - measurements being to the top of said
conduit.
11. In consideration of the risks, costs, and expenses incurred by
Licensor in granting this lrcense, Licensee agrees with Licensor that,
effective November 1, 1985, the Licensee shall, during the tenure of this
agreement, pay to the Licensor, in advance, a fee of $150.00 per annum, plus
sales tax if applicable; such fee shall be subject to future reasonable
increases, not to average more than 10% per annum. Upon termination of this
agreement, the portion of such fee applicable to the period from the
effective date of termination to the subsequent anniversary date of this
agreement shall be refunded to the Licensee.
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:
SEABOARD SYSTEM RAILROAD, INC.:
it~
(L. S.)
By
As
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Mr. R. E. Frame
Chief'Engineering Officer
/ By
Co
fl Attest
/
Approved as 6rrectness:
City At
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SEABOARD svsrd., RAILROAD
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APPLICAtION rCB. PIPE LIRE caosSIlG/PAlALLELISH lnmEl./OVER PROPERTIES AND TRACKS
Plans for propoled lnsul1atiOl! lball be lubmitted to and _et the approval of the Ila 11-
roed Cc:apany before COD8tructiOD 18 begun. Material and installation are to be In Itrict
accordance vlth .pec1flcaUoftl of the American Ral1vayEnginurlng AlSociaUon and requiremer.:s
of the Seaboard SYltem laUroacl. Origlal and twelve (12) copies of thh form .han be
lubmitted. accompanied by tvehe (12) letterdze prints of a drawing ahovins plan. elevation
lecttOl! of crolllag fram fieldaurvey, location in respect to Hile POlt, wldth of Rallroad'a
rlpt of vay, location of adjaceDt .tructure. affectins croas1J:ag, aDd aU iDforsaUon requ1rec!
111 rlaurel 1 aDd 2 of MEA Spedfic.tlODa, 'art S - PipeU.aes. If open cutUna or tUIlDe11ng
18 Mcel..ry, datanl of lheet1D& aDd _thod of aupportug tracks or dri"ina tuzmel Ihan be
.bCND.
1. Correct N_ of Applicant CITY OF CLEARWATER
2. POlt Office Adclre.. 'D n Qnv .d7.dQ C'lF!i1ITWater. FL 33518-4749
3. 'artaerabip - 11.- and Wtlat. all partaera, vomen - given and surnames before marrage
aDd prelent N/A
4. If incorporated, name of ltate ill whicb incorporated N/A
S. Locatlon 1458 feet West (Direction) fram ".relt U KUe POlt SY V~ 862
6. He are It lallroacl Statlon 01 n!':m;n" CountY. Pinellas State t'l.Orl.aa
7. Withln 11.1tl of public blp.,. -- xru-State~ No. 584
8. Telllporary track IUpport Or riprapplD1 required ( ) Ye. (xx) No - Delcribe
9. Wlrel,polel, obltructiou to be n10cated ( ) Ye. <xxi No - De.crlbe
10 Product to be coaveyed natural aas rl-.b Ie QOC) Yel ( )
11. Maz. Workina pre. lure 100 PSI. rield telt prel.ure 150
12. Location of" abut-off "a1".. 75' west of end of casing
110. Temperature 600
PSI. Type' t..t A~r
13. 'IP! SP!CIPICATIORS:
Material
Katerial Spec1f1caUou and Grade
1U1l1aa 1'181&1 Stnagth of Haterial PSI
lUll Teat ma.n PSI
Illllde Di_ter
Wall 'DaickDtaa
Oatd.. D~ter
.".,. of Sua
LaY1a& r....tha
KiDll of .JoiDU
Total r.qtIa ~ .. .IV
VDD: .....r? sUe 2"
IULS: loth.... xx OM eDd
BlaY: .... of 1'&11 to top of cu_ 5 ft.
IU&Y: (lot ....tIl trKb) 4 ft.
IoaY: (Ioadvay 41t") 4 ft.
CA1BCI)IC PIODCrICII: (xx) Yea (). .
ftODCTIVE COQ'DI;: <xx> 111. ( ) 110 aDd Epoxy ..
"l)pe, aUe aDd apac1Da of t.alatftl or aupporta 12" x 6. P1astJ.c ~ 10'0" Spac~ngs
14. Matbocl of Iutallation r.lck and bore
If appUcatioa fa approved, appl1caDt agreel to reilllburae the bUroed for aDY COlt
1Dcurred by the lai1r..s inclcJeu to iDltanation, _int_DaCe, and/or lupervidon necellit. tee!
.y tbll p1pe It. iMtal1aUon, .... fart"r aareal to ...- aU liabllity for accideDU or
illjuri.1 which artae .. a renle of cIlb at on. Should open cut iDltallatlaa be requ iret
a DOD-nfuDllable cbuae of $ red IUrface tracka.
CABlER PIPE
F\ OF\C;"
..188"
6_625"
v.'_ro R@sist..
.tn'
Weld
CASING PIPE
Steel
API 5L, Grade B
35,000
1.030
12.250"
.250"
12.750"
Elec. Resist. Weld
20'
E1ec. Weld
135'
~ 4'0" Min.
~+-a~'
. ~'DT 5L. Grade B
C;7 nnn
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weld
'70"
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OCT 14 198~;
Officer SigDins Application
Jr. I Utili ties Director
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