PIPE LINE CROSSING (2)
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J&B-43325
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Form 3630
Rev. Sept. 1968-Sheet 1
RE-28992
AGREEMENT FOR MUNICIPAL PIPE LINE
THIS AGREEMENT, Made this 30th day of December , 1970 , 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,
WITNE,SSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand pai4 by Licen-
see, the receipt of which is hereby acknowledged, and of the covenants and agreements herein~ter 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 .ani tary .ewer main, a 1 ine of lO- inch ca. t iron pi pe
acro.. the right of way and underneath tr.cka of Lice.,or aaar >>ellwood, Florida,
at a point 480 feet e..tward1y, mea.ured along the center line of Licensor's main
track, from Milepost SY-869; as shown in green on print of Licenaee's sketch
attached hereto and made a part hereof; Licensor'. right of way being at indi-
cated on laid print.
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee shall install and maintain said pipe at its expense in a manner satisfactor,. 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 desig-
nated 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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J &B-43326
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Form 3530
Rev. Sept. 1968-Sheet 2
3. 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' 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.
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,~....dIcDtl~... renewal,
relocation or removal of said pipe.
5. The portion of said pipeline under .aid track and roadbed thereof shall
be encased by and at the expense of the Licensee in 16.inch .teel pipe conduit
and placed at a minimum depth of 9 f.et 8 iache. below the ba.. of rail of .aid
track, Ot'lt4O-t less than 36 inches below the bottom of Licen80r's roadbed ditches",
or not less than 36 inches below ground surface - whichever depth may be the
lower - measurements being to the top of .aid conduit.
6. Licensee agrees to pay to Licensor, in addition to all other consideration.
mentioned herein, the sum of Fifteen Dollars ($15.00) to partially reimburse .aid
Licensor for the coats of survey and other handling necessary to the making of this
agreement.
NOTE. The following change. were made in this agreement prior to the execution
thereof.
Article 4. The word. "or renewal of .aid pipe" deleted and the words
wrenewal, relocation or removal of said pipe" .ub.tituted
therefor.
Article. 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 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 part of this
agreement.
IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first
above written.
Witnesses for Licensor: SEABOARD C ST LINE RAILROAD COMPANY
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Form 8680
Rev. Sept. 19GB-Sheet 3
J &B-43326
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 City Council of the
City of Clearwater, Florida, in regular meeting assembled that the
Mayor of said Ci ty 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
wh~eby .aid Railroad Company aranU unto ..id Ci ty the right or lieen.. to in. tall
and maintain, for the purpo.e of a sanitary sewer main, a Hne of pipe across the
right of way and underneath track. of laid Railroad Company near Dellwood, Florida,
aa more particularly de.cribed in .aid agreement which aareement is dated December
30, 1970, a copy of which agreement i8 filed with this City Council.
I certif)' the above to be a true and correct copy.
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