PIPE LINE CROSSING
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ncEIVED
\IFEB 12 19'111
(:lTY CLERK
AGREEMENT FOR MUNICIP AI. PIPE LINE
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J &B-43325
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Form 3580
Rev. Sept. 1968-Sheet 1
RE-28946
THIS AGREEMENT, Made this 10th day of December , 19 70 ,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 SlUm of One Dollar to it in hand paid by Licen-
see, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and con-
tained on the part of Licensee to be kept and performed, hereby grants unto Licensee the right or license to install
and maintain, for the purpose of a sanitary sewer main, a line of 8-inch cast iron pipe
across the right of way and underneath tracks of Licensor at Coachman, Florida,
at a point 891 feet northwestwardly, measured along the center line of Licensor's
main track, from Mile Post SY-869; as shown in green on print of Licensee's
drawing, unnumbered and undated, attached heretv and made a vart hereof; Licensor's
right of way being 50 foot wide on each side of said center line.
The pipe line described herein is located on property in possession of the
Seaboard Coast Line Railroad Company by virtue of an agreement dated April 1,
1946, as supplemented, between the Tampa ~ Gulf Coast Railroad Company and the
Seaboard Air Line Railroad Company, now Seaboard Coast Line Railroad Company,
and unless sooner terminated, as provided herein, this agreement shall continue
in effect so long as the Seaboard Coast Line Railroad Company shall continue
to operate the railroad now of the Tampa ~ Gulf Coast Railroad Company and shall
terminate upon cessation of such operation by the Seaboard Coast Line Railroad
Company.
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee shaH instaH and 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
shaH require repair or renewal, Licensee shaH 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 tbirty 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 shalI instalI and maintain, above ground and in a manner and at such locations as may be desig-
nated by said Engineer of Licensor, markers to plainly indicate the location, depth at which instalIed and ownership
of said pipe. Licensee wiIl, 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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J &B-43325
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Form 3530
Rev. Sept. 1968~Sheet 2
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3. Licensor shall not be responsible in any manner for loss of or damage to said pipe and the eontents thereof
from any eause whatsoever; and Lieensee shall and does hereby assume, and agrees to indemnify and hold harm-
less the IJeensor, its sueeessors and assigns, from and against all loss, eosts, expenses, including attorneys' fees,
elaims, suits and judgments whatsoever in eonneetion with injury to or death of any person or persons or loss of or
damage to property caused by or in any way eonnected with the installation, maintenanee, use or presenee of said
pipe and appurtenanees on said premises, howsoever caused.
4. Lieensee will pay to Lieensor, on bills rendered by Licensor, the full amount of all costs and expenses which
may be ineurred by Lieensor in proteeting its traek or traeks and maintaining traffie thereover by driving piling or
by other means while said pipe is being placed thereunder, or during any repair ~. renewa 1,
relocation or removal of said pipe.
5. The portion of said pipe line under said track and roadbed thereof shall be
encased by and at the expense of the Licensee in l4.inch steel pipe conduit and
placed at a minimum depth of 7 ft. 10 in. below the base of rail of said track,
or not less than 36 incbea 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.
6. Licensee agrees to pay to Licensor, in addition to all other considerations
mentioned herein, the sum of Fifteem Dollars ($15.00) to partially reimburse said
Licensor for the costs of survey and other handling necessary to the making of
this agreement.
NOTE: The following changes were made in this agreement prior to the execution
thereof:
Article 4: The words "or renewal of said pipe" deleted and the words
"renewal, relocation or removal of said pipe" substituted
therefor.
Articles 5 and 6: Added.
It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by
a proper ordinanee 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 part of this
agreement.
IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first
above written.
~~BY
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, C~eratiQns.
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J &B-43325
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Form 81580
Rev. Sept. 19GB-Sheet 3
Extracts from minutes of meeting of the City Council of the City of Clearwater, Florida,
held on the day of , 19
RESOLUTION
Be it resolved by the Ci ty Counci 1 of the
City of Clearwater, Florida, in regular meeting assembled that the
Mayor of said City be, and he hereby is, authorized to enter into an agreement with
the SEABOARD COAST LINE RAILROAD COMPANY, and to sign same on behalf of said City
whereby said Railroad Company grants unto said City the right or license to
install and maintain~ fOT the purpose of a sewer main, a line of pipe across
the right of way and underneath tracks of said Railroad Company at Coachman,
Fla., as more pa~t~cularly described in said agreement, which ag~3ement is
dated December 10, 1970, a copy of which agreement is filed with this City
Council.
I certify the above to be a true and correct copy.
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