GAS PIPE LINE CROSSING
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Form 3537-A
Rev. Jan. 1962-Sheet 1
RE-23897
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AGREEMENT FOR PIPE LINE FOR NATURAL OR L. P. GAS
THIS AGREEMENT, Made this 26th day of Febru~ry , 1968 , by and
between the,-' SEABOARD COAST LINE RAILROAD r.OMPANY, hereinafter referred to as Licensor, and the
CITY OF CLEARWATER. a municipal corporation under the laws of the State of Florida,
hereinafter referred to (severally, if more than one) as Licensee,
WITNESSETH: That Licensor, for and in consideration of the rents or sums of money hereinafter agreed to
be paid by Licensee, and of the covenants and agreemen ts hereinafter made and contained 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
conducting natural gas not to exceed a max~um operating pressure of 50 PSI, a
line of 6.625 inch O.D. black steel pipe across the right of way and underneath
the main track of Licensor at Dunedin, Florida. at a point 2,545 feet southwest-
wardly measured along the center line of said main track from Mile Post RE-876J
as shown in red on the print attached hereto and made a part hereof; said right
of way being 30 feet wide on each side of said center line.
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee will yield and pay unto Licensor the annual rent or sum of One . .
Dollara ($ 1.00 ) payable at the beginning of each and every year or fractional
continuance of this agreement.
. . . . . . . . .
part thereof during the
2. Licensee shall install and maintain said pipe at Licensee's 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 ,said pipe
shall require repair or renewal, Licensee shall make such repair or renewal at Licensee's 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 fail-
ure of Licensee to make repair or renewal 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.
3. 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 Licensee's 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.
4. 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 harmless
Licensor, its successors and assigns, from and against a1110ss, cost, expense, including attorneys' fees, claims, suits
and judgments whatsoever in connection with injury to or death of any pe:,'son 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 ap-
purtenances on said premises, howsoever caused, and whether resulting from negligence of said Licensor, its agents
or otherwise.
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Form 3537-A
Rev. Jan. 1962-Sheet 2
,
5. Licensee will not use said pipe for any other purpose than that specified herein, and will not assign this
agreement or suffer or permit any other person or corporation to use said pipe without the consent in writing of
Licensor.
6. It is further understood and agreed that if at any time Licensee fails to comply with each and every cov-
enant contained herein and/or fails to use said line of pipe for the purpose herein set out during any consecutive
period of six months after said line of pipe has been installed, then and in either event Licensee will, within thirty
days after receipt from Licensor of written notice so to do, remove said pipe from the premises of L.icensor and re-
store said premises to a condition satisfactory to the said Division Engineer, or other proper officer of Licensor,
and that in the event of failure of Licensee so to do, Licensor may remove said pipe and restore said premises at
the cost and expense of Licensee, which cost and expense Licensee hereby agrees to pay Licensor on demand.
7. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost and expense 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 installed thereunder, or during any repair or renewal of said pipe.
8. The portion of said line of pipe underneath said track and roadbed thereof
shall be encased by and at the expense of Licensee in a 10.75 inch O.D. black
steel pipe conduit, sealed and vented at each end, and placed at a minimum depth
of 9.5 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 le.. than 36 inches below ground
surface -- whichever depth may be the lower -- measurements being to the top of
said conduit.
NOTE: The following change wa. made in this agreement prior to the execution thereof.
Article 8: 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.
IN WITNESS WHEREOF the partie.s hereto have executed this agreement in duplicate the day and year first
above written.
Witnesses for Licensor:
SEABOARD COAST LINE RAILROAD COMPANY
.................(L.S..)
D. C. HASTINGS, vie PRESIDENT.
TRANSPQRTA TION & MAINTENANCE
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Fonn 8530
Rev. Jan. 1962-Sheet 3
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Extracts from minutes of meeting of the City COlIIDission of the City of Clearwater,
Florida held on the day of . 19
RESOLUTION
Be it resolved by the City Coamission of the City
of Clearwater, Florida in regular meeting assembled that the Mayor-
Commission 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.
,whe~y said Railroad Company grants unto said City the
right or license to install and maintain, for the purpose of conducting natural
gas not to exceed a maximum operating pressure of 50 PSI, a line of 6.625 inch
O.D. black steel pipe across the right of way and underneath the main track of
said Railroad Company at Dunedin, Florida, at a point 2,545 feet southwestwardly
measured along the center line of said main track from Mile Post RE-876; as more
particularly described in said agreemept, which agreement is dated February 26, 1968,
a copy of which agreement is filed with the City Commission.
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I certify the above to be a true and correct copy.
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Clerk
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