PIPE LINE CROSSING ALONG FAIRWOOD AVENUE
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B. B, VAUGHAN
SUPERINTENDENT
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SEABOARD COAST LINE RAILROAD COMPANY
Mr. R. G. Whitehead
City Clerk
City of Clearwater
P. O. Box 4748
C1PArwater, Florida 33518
Dear Mr. Whitehead:
Operating DepaTtment
T.mps. Florid. 33601
October 1, 1975 -
File: 13-10135
Attached for your records is dup1icate-origina1 of
agreement dated July 2, 1975 with the City of Clearwater
covering installation of an 8-inch cast iron water main be-
neath our right of way and track 740 feet west of Mile Post
SY-869, Coachman, Florida.
Very truly yours,
~-1-L....
Superintendent
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Form 3530
Rev'. June, 1973-Sheet 1
RE-32289
THIS AGREEMENT, Made this 2nd day of July , 1975 , by and
between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and the
CITY OF CLEARWATER, a municipal corporation under the laws of the State of Florida
, 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 Licensee to be kept and performed, hereby grants unto Licensee the right or license to'X.JJraw.1l.dG
maintain, for the purpose of a water main, a line of 8-inch cast iron pipe across the
right of way and under the main track of Licensor at or near Coachman, Florida,
at a point 740 feet we.twardly measured along the center line of said track from
Milepost SY-869; as shown in green on print of drawing dated Karch 19, 1973,
prepared by Heidt and Associates, Inc., attached hereto and made a part hereof;
said right of way being 50 f.et wide on each side of said center line.
The pipe described herein is located on property in possession of Licensor
by virtue of an agreement dated April 1, 1946, as supplemented, between the
Tampa & Gulf Coast Railroad Company and the former Seaboard Air Line Railroad
Company, n~ Seaboard Coast Line Railroad Company, and unless sooner terminated,
this agreement shall continua in effect 80 long a8 Licensor shall continue to
operate the railroad now of the Tampa & Gulf Coast Railroad Company and shall
terminate upon cessation of 8uch operation by Licensor.
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee shalll. L 11II10 _1 maintain said pipe at its expense in a manner satisfactory to the Division Engi-
neer 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 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 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,
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Form lJUO
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8, 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 harm-
less the Licensor, its successors and assigns, from and against all loss, costs, expenses. Including attorneys' fee.,
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 OD said premises, howsoever caused.
4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost. 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,
6. It is expressly understood and agreed that Licensee shaH 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 con-
sent 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. The portion of said pipe under said track and roadbed thereof shall be
maintained by and at the expense of Licensee in a l6-inch steel pipe conduit
at a minimum depth of 10 feet 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.
NOTE: The following changes were made in this agreement prior to the execution
thereof:
Granting Claus. and Article 1: The words "install and" deleted.
Article 7: Added.
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 Commission of the City of Clearwater, Florida
, a certified copy of wWch ordinance or resolution is
attached hereto and made part of this agreement,
IN WITNESS WHEREOF the parties hereto have executed this agl'eement in duplicate the day and year first
above written.
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