INSTALLATION AND MAINTENANCE OF SIX INCH PVC WATER PIPELINE
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(Form 3530-Sheet 1
Revised Sept. 1984
'RE-82294
19WBl111856 25
THIS AGREEMENT, Made this 12th 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
mailing address is Post Office Box 4748, Clearwater, Florida, 33518-4748
hereinafter styled 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 WATER, a line of
6-inch PVC pipe, encased in a 12-inch steel pipe, across the right of way and
under trackage of Licensor at or near CLEARWATER, FLORIDA (Granda Street), at
a point 3,200 feet northwardly measured along the center line of Licensor's
main track from Milepost ARE-880, 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 July 22, 1985, 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 its 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 the said
pipe shall require repair or renewal, Licensee shall make such repair or
renewal at its 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 its 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, insofar as it legally may, hereby assume, and agrees
to indemnify and hold harmless the Licensor, its successors and assigns, from
and against all loss, costs, expenses, 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 installation, maintenance, use or presence of said pipe
and appurtenances on said premises, howsoever caused.
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Form 3530-Sheet 2
I Revised Sept. 1984
(b). Any prOV1S1on herein to the contrary notwithstanding, Licensee
agrees, insofar as it legally may, to indemnify and hold harmless Licensor
from all claims, costs and expenses (includirig 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 o~ the location or proximity
of such pollution to the demised premises; and for aqy 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 Lic;:ensor 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 pay to Licensor, on bills rendered by Licensor; the
full amount of all costs and expenses 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 placed thereunder, or
during any repair, renewal, relocation or removal of said pipe.
5. 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.
6. In consideration for the right or license hereby granted, Licensee
hereby agrees that the Licensor shall not at any time or in any manner be
assessed with the cost or any part of the cost of the installation and
maintenance of said pipe and appurtenances thereto on Licensor's property.
7(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). 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
-..,:'
I
Form 3530-Sheet 3
I Revised Sept. 1984
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. Provided, however, that notwithstanding any of
the provisions of this agreement with respect to insurance, it is understood
and agreed that the liability assumed by the Licensee shall not be limited to
the insurance coverage stipulated herein.
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.:
i~~~
(L. S.)
By
As
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llr. R.E. Frame
Chie:f Engineering Officer
CITY/~ ClliAR~ATER:~
-4 , By~;;{If~" (L.S.)
Z cJ.ty-ra~er --- .>/
orrectness: Attest 0:.~~\J..~~~~.A~~L)
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Approved as to form &
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-(---(JCf t<..CJ'tU-/ /
Ci ty Attorney I /
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Form 115
SEABOARD COAST LINE RAILROAD COMPANY
APPLICATION FOR PIPE LINE CROSSING UNDER PROPERTIES AND TRACKS
- '
Plans for proposed installation shall be submitted to and meet the approval of the Railroad Company before construction is
begun. Material aDd installation are to be in strict accordance with specifications of the American Railway Engineering Associa-
tion and requirements of the Seaboard Coast Line Railroad Company. Original and eleven copies of this form shall be submitted,
accompanied by twenty-two prints of a drawing showing plan, elevation section of crossing from field survey, location in respect
to Mile Post, width of Railroad's Right of Way, location of adjacent structures affecting crossing, and all informa ion re-
quired in Figures 1 and 2 of A.R.E'.A.. Specifications, Part 5-PipeliDes. If open cutting or tunneling is necessary, details of
sheeting and method of supporting tracks. or driving tmmel shall be shown.
1. Correct Name of ApD..1ican~ C i t y 0 f Clearwater. F 1 or i da
2. PostOfficeAddr~- }l.0. Box 4748, Clearwater, FL 33518-4748
S. Partnership - Name and Initials aU Partners, Women - Given and Surnames before marriage and preseJJf:
4. If Incorporated Name of state in which Incorporated F lor i d a
5. Location 32'00 Feet' N . (Direction) from nearest B.R. Ele Post are 880
6. Nearest Railroad Station C 1 ear w ate r Co1mq Pin e 11 a s State F lor i d a
7. Within limits of Public Highway Name G ran a d a S t Fed-Stat&-Co1mty No.
8. Temporary track.support orrlp rappiDg required ( ) Yes ( Xl No - Describe
9. WIreS, poles, obstructiona to be relocated ( ) Yes (X ) No - Describe
W ate r Flammable ( ) Yea ( x) No. Temperatur- 750
55 PSI. Field Test Pressure 1 5 011 1 hr. PSI. TJpe TestH y d r 0 s tat i c
530' to the East and 120' to the West
10. Product to be conveyed
11. Ma:L Working Pressure
12. Location of shut-off valv..s
13. PIPE SPECIFICATIONS:
Material
Material Specifications and Grade
Minimum Yield Strength of Material PSI
:Mill Test Pressure PSI
Inside Diameter
Wall Thickness
Outside Diameter
Type of Seam
Laying Lengths
KiDd of J' oinla
Total Length within RR R/W
VENTS:Num~ NA
SEALS: Both ends Yes
BURY: Base of rail to top of casing
BURY: (Not beneath tracks)
BURY: (Roadway ditches)
CATHODIC PROTECTION: ( ) Yes (X) No
PROTECTIVE COATING: ( ) Yes ( X X) No Kind
Co'F-RTF.R PIPE
PVC
SDR18
FlAY 435
755 PSI
6.09
.406
6.90
Seamless
18 '
O-rinq
60'
Hgt. above grouDd
CASING PIPE
Steel
ASTMA-139(B)
35.000
650 .
12"
,v.s-/ . 1:8$ i n.-:' m in.
12.376 min.
Welded
20'
Welded
51'
Size
One eDd
5
4 min.
ft.
ft.
ft.
6
in.
in.
in.
Type, Size aDd Spacing of IDsnlatars or Supports
1L M~hq~~ti~ 51 LF of Bore & Jack under railroad & ditch
If application is approved, app1icant agrees to reimburse the Railroad for any cost incurred by the Railroad incident to
installation, maintenance, and/or supervision necessitated by this pipe line installation, and further agrees to assume
aU liability for accidents or injuries which arise as a result of this installation.
7/22/85
Date
J~c,fi~~
Signature and Title ~ Officer Signing Application
William C. Baker, Director of Public Wor~
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~ ] SEABOARD SYSTEM RAILROAD
" 500 Water Street
Jacksonville, Florida 32202-4465
(904) 359-1459
D. R. Edwards
Senior Manager-Contract Bureau
Seaboard System Railroad, I nc.
When corresponding, always
refer to: RE-82294-CE
January 21, 1986
Mr. William C. Baker
Director of Public Works
City of Clearwater
P. O. Box 4748
Clearwater, FL 33518-4748
Dear Mr. Baker:
Attached is the City's duplicate-original of agreement dated
November 12, 1985, SBD No. 9251, providing for the installation and
maintenance of a six inch PVC water pipeline, encased in a twelve inch steel
pipe, ~~sing~eneath~~ra~~?g~-2f the Railroad near Clearwater, Florida
~Grenada St.), at a point 3,200 feet north of Milepost ARE-880.
This installation shouldbe coordinated through the office of
Superintendent Mr. C. M. Kiefer, Jr., at Tampa, Florida, referring to his
file 13-15074.
Sincerely,
f /' ri/ 0-
CJj, f" q d-l~...w'-~ .~
D. R. Edwards
Senior Manager-Contract Bureau
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SeaDoa'd System Ra ':;aj Ir:; s a ~,.t of C:S,i CO'Do'a::- CDP -( ,0 1'-"''''' rt'.C .~t. \ ,
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~ PUB. LIe WORKS DEPT.
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V,' J S fL'J'\',"R C JH D AE
CAH CRJM C]{AW DBT
~~VM DeH _DCG
OTHER
fllEjDESIG. $', L ~& ~ 19'8S
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Form 3530-Shcet 1
IRevised Sept. 1984
RE-82294
19WBlll1856 25
THIS AGREEMENT, Made this 12th 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
mailing address is Post Office Box 4748, Clearwater, Florida, 33518-4748
hereinafter styled 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 WATER, a line of
6-inch PVC pipe, encased in a 12-inch steel pipe, across the right of way and
under trackage of Licensor at or near CLEARWATER, FLORIDA (Granda Street), at
a point 3,200 feet northwardly measured along the center line of Licensor's
main track from Milepost ARE-SSD, 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 July 22, 1985, 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 its 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 the said
pipe shall require repair or renewal, Licensee shall make such repair or
renewal at its 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
o~~ership of said pipe. Licensee will, at its 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, insofar as it legally may, hereby assume, and agrees
to indemnify and hold harmless the Licensor, its successors and assigns, from
and against all loss, costs, expenses, 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 installation, maintenance, use or presence of said pipe
and appurtenances on said premises, howsoever caused.
I
Form 353C-3hcet 2
I Revised Sept. 1984
(b). Any provision herein to the contrary notwithstanding, Licensee
agrees, insofar as it legally may, to indemnify and hold harmless Licensor
from all claims, costs and expenses (includirig 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 aqy 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 Li~ensor 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 pay to Licensor, on bills rendered by Licensor, the
full amount of all costs and expenses 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 placed thereunder, or
during any repair, renewal, relocation or removal of said pipe.
5. 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.
6. In consideration for the right or license hereby granted, Licensee
hereby agrees that the Licensor shall not at any time or in any manner be
assessed with the cost or any part of the cost of the installation and
maintenance of said pipe and appurtenances thereto on Licensor's property.
7(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). 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 ~he
insurance company agrees to give thirty (30) days' notice to the Licensor of
I
~orm 3S_l-~J:cet 3
I Revised Sept. 1984
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. Provided, however, that notwithstanding any of
the provisions of this agreement with respect to insurance, it is understood
and agreed that the liability assumed by the Licensee shall not be limited to
the insurance coverage stipulated herein.
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.:
9(lz~~J4~~
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By
As
.@~~
1S:
Hr. R. E. Frarr:e
Chie:' E~gine8rlns Offiser
(L.S.)
/2 (-'{I:(-
/
,/
Countersigned: ~/I / _
(" ~'/' ~/ /:.
;' /~- .' I" I ~ / I I
Mayor:"C'orrunissioner '---
CITY ?1) CLEARWATERll:i' FLORIDA:
/' ~ / Q ifl---~
BY~~/~(L.S.)
Clty Hanager
& c;rrectnesS'Attest(l,._~~~_C:~~~~AL)
~erk
" '
,.
Approved as to form
--LIJ( #04~
City Attorney I
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Fonn 115
SEABOARD COAST LINE RAILROAD COMPANY
APPLICATION FOR PIPE LINE CROSSING UNDER PROPERTIES AND TRACKS
Plans for prvposed iDstaIlatiOll shall be submitted to and meet the approval of the Railroad Company before construction is
begDD. Material ad iDataIlation are to be in strict accordance with specifications of the American Railway Engineering Associa-
tion and requirements of the Seaboard Coast Line Railroad Company. Original and eleven copies of this form shall be submitted.
accompanied by tweDty-two prints of a drawing showing plan, elevation section of crossing from field smTey, location in respect
to Mile Post, width of Railroad's Right; of Way, location of adjacent stroctures affecting crossing, and all fDforma ;on re-
quired in Figures 1 aDd 2 of A.R~.A. Specifications, Part 5-PipeIines. If opeD cutting or tunneling is necessary, details of
sheeting and method of 81JPport:b:Jg tracks or driving tmme1 shall be shown.
1. Correct Name of Apttlicanf: C i t y 0 f C 1 ear w ate r. F lor i d a
2. Post Office Addres." P. o. Box 4 748 , C 1 ear w ate r, F L 3 351 8 - 4 7 4 8
3. Partnership - Name and Initials all Partners, Women - Given and Surnames before marriage and present:
4.. If Incorporated, Name of State in which Incorporated F lor i d a
5. LocatiOD 3200 Feet' N (Direction) from nearest R..R.:mIe Post are 880
6. Nearest Railroad StatIon C 1 earwa t e r County Pine 11 as State F lor i da
7. Within limits of PahIic Highway Name G ran a d a S t Fed-Stat&-Comtty No.
8. Temporary track.support or rip rapping reqaired ( ) Yes ( X) No - Desc:rihe
9. W"JreS, poles, obstructions to be relocated ( ) Yes (X ) No - Describe
W ate r Flammable ( ) Yea ( x) No. Tempera.tur- 750
55 PSL Field Test Pressure 1 5 0 II 1 hr. PSL Type TestH y d r 0 s tat i c
530' to the East and 120' to the West
10. Product to be conveyed
11. Max.. WorkiDg Pressure
12. LocatioD of shut-off valv-
CARRTF.R. PIPE
PVC
SDR18
FlAY 435
755 PSI
6.09
.406
6.90
Seamless
18 '
O-rinQ
60'
Hgt. above ground
CASING PIPE
Steel
ASTMA-139(B)
35.000
650 '
12"
,4$'1 . ~ in .":. min.
12.376 min.
Welded
20'
Welded
51'
13. PIPE SPECIFICATIONS:
Material
Material Specifications and Grade
M"mimmn Yield Strength of Material PSI
Mill Test Pressure PSI
Inside Diameter
Wall Thic:kness
Outside Diameter
Type of Seam
Laying LeDgths
Kind of 10ints
Total LeDgth within RR R/W
VENTS: Number N A
SEALS: Both ends Yes
BURY: Base of rail to top of easing
BURY: (Not beneath trada)
BURY: (Roadway ditches)
CATHODIC PROTECTION: ( ) Yes (x) No
PROTECTIVE COATING: ( ) Yes (x)Q No
Size
One end
5
4 min.
ft..
ft..
ft.
6
in.
in.
in.
KiD"
Type. Size aDd Spacing of Insulaton or Supports
14.. Method of IDstaIlation 51 L F 0 f B 0 r e &: J a c k un d err ail r 0 ad&: d i t c h
If applicatioD is approved. applicant agrees to reimbur.le the Railroad for any cost incurred by the Railroad incident to
installation. maintenance. and/or supervision necessitated by this pipe line instaIla.tion. and further agrees to assume
aD liability for accidents or injuries which arise as & result of this installation.
7/22/85
Date
J~c~fi.&-
Signature and Title of Officer Signing Application
William C. Baker, Director of Public Wor~
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