PIPE LINE CROSSING (3)
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Form 8530
Rev. Sept. 1968-Sheet 1
RE-32020
AGREEMENT FOR MUNICIPAL PIPE, LINE
THIS AGREEMENT, Made this 26th day of March , 19 73 , by and
between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and the
CITY OF CLEARWATER, a municipal corporati~n 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 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 mldntain, for the purpose of a water main, a line of l2-inch ductile iron pipe across
the right of way and underneath tracks of Licensor at Coachman, Florida, at a point
3,760 feet westwardly, measured along the center line of Licensor's main track
from tlile Post SY-869; as shown in green on print of Licensee's drawing attached
hereto and made a part hereof; Licensor's right of way being 50 feet wide on each
side of said center line.
The pipe line described herein is located on property in possession of 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.
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And Licensee hereby covenants and agrees in conBideration thereof:
1. Licensee &hall install 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
Bhall 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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Form 3530
Rev. April 1971-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 wi th 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, renewal, relocation or removal of
said pipe.
5. The portion of said pipeline under said track and roadbed thereof shall be
encased by and at the expense of the Licensee in a 24-inch steel pipe conduit
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.
6. 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.
7. 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.
NOTE: The following changes were made in this agreement prior to execution thereof:
Articles 5-7: 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 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,
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Witnesses for Licensee:
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RESOLUTION
No. 73 - 76
WHERE~S, the City of Clearwater has found it neces sary to install
and maintain for the purpose of a water main, a line of 12-inch ductile iron pipe
across the right-of-way and underneath the tracks of the Seaboard Coast Line
Railroad Company at a point 3,760 feet Westwardly from Mile Post SY-869,
Clearwater, Pin:ellas County, Florida; and
WHEREAS, the Railroad has prepared an agreement to that effect for
formal execution by its corporate officers, as well as the proper municipal
officers of the City of Clearwater; and
WHEREAS, the Railroad has requested a Resolution be adopted by said
City, formally approving said agreement and authorizing the proper City officials
to execute same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
That the Mayor-Commissioner, City Manager, City Clerk and City
A~:torney are hereby au~horized and empowered to execute a certain agreement
with the Seaboard Coast Line Railroad Company, bearing date of March 26, '1973,
wherein the Railroad grants unto the City the right or license to install and
maintain for the purpose of a water main, a line of 12-inch ductile iron pipe
across the right-of-way and under the tracks of the Seaboard Coast Line F.ailroad
Company at a point 3,760 feet Westwardly from Mile Post SY..869, Clearwater,
Pinellas County, Florida.
PASSED AND ADOPTED this
4th
day of June, A. D. 1973.
/ s / H. Everett Hougen
Mayor-Comlnissioner
Attest:
/s/ R. G. Whitehead
City Clerk
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I, R. G. Whitehead, duly appo~ted City Clerk of the City of
,
Clearwater, Florida, certifythe foregoing to be a true and correct
copy of Resolution No.
73-7;6_ adopted by the City Commission on
the
4th
day of
June
, A. D. 1973 .
Witness my hand and the seal of the City of Clearwater,
this
5th
day of
June
. A. D. 1973
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