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GAS PIPE LINE CROSSING (2) B. B. VAUGHAN SUPERINTENDENT I I SEABOARD COAST LINE RAILROAD COMPANY City Clerk City ot Clearwater P. O. Box 4748 Clearwater, Flerida 33518 Dear Sir: Operating Department TlImpa, Floridll 33601 March 14, 1969 File: 13-7077 I attach tor your recorcbs the duplicate-original ot agreemeDt dated J8I1uary 16, 1969, with the City ot Clearwater, covering installatiClll ot a 2-inch. gas pipe line beneath our right ot wtq and traeks at a point 275 teet sou"th ot Mile Post 6Y-878, near Largo, Florida. Yours 'Yer:! tl'Uly, ~Lf- !- '.... RECEIVED . Form'MNlAt7 ., Rev. July, 1968-Sheet 1 RE-2~.., .' ~ w....i:.J'(.,tt AGREEMENT FOR PIPE LINE FOR NATURAL OR L. P. GAS I I J&B-42435 THIS AGREEMENT, Made this 16th day of January, 19 69, by and between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Lieensor, and CITY OF CLEARWATER, a municipal corporation under the laws of the State of Florida, hereinafter referred to (severally, if more than one) as Lieensee, WITNESSEIT'H: That Lieensor, for and in eonsideration of the rents or sums of money hereinafter agreed to be paid by Licensee, 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 install and maintain, for the purpose of conducting natural gas not to exceed a maximum operating pressure of 50 PSI, a line of 2.375-inch O. D. steel pipe across the right of way and underneath tracks of Licensor near Largo, Florida, at a point 237 feet southwardly measured along the center line of Licensor's main track from Mile Post SY-878; as shown in green on print of Licensee's drawing dated November, lQ68, attached hereto and made a part hereof; Licensor's right of way being as indicated on said print. And Licensee hereby covenants and agrees in consideration thereof: 1. li5f~xxxxxxxxxxxxxxxxxxxxxxxx ' Lieensee will yield a annual rent or, sum of XXXXXXXXXXxxx ~~~rt thereof during the eontinuance of this agreement. ~~~ ~ 2. Lieensee shall ins,tall and maintain said pipe at Licensee's expense in a manner satisfactory to the Division Engineer of Licensor and so as not to interlere with pipe or other structures now in plaee. 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 Lic'ensee, and upon the fail- ure 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. 3. Lieensee shall install and maintain, a.bove 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, dep,th at which installed and ownership of said pipe. Licensee will, at Licensee's expense, at any time, upon thirty days' written notice given by Lieensor, change and alter the location of said pipe to conform to any changes or improvements that may be made by Licensor in its traeks 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. Lieensor 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 suecessors 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 ap- purtenances on said premises, howsoever caused, and whether resulting from negligence of said Licensor, its agents or otherwise. 05- OV1-cP@ I I J &B-{5052 Form 3537-A Rev. July, 1968-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 Licensor 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. In the event Licensee provides and installs, either simultaneously with the installation of said line of pipe described herein or at a later date upon receipt of authority from Licensor so to do, electrically actuated cathodic or other protective equipment for said pipe, Licensee will submit plans and operating frequency, voltage, and current values of such protective system to Licensor for its approval prior to placing such system in service. Licensee will cooperate with Licensor in conducting such tests as Licensor may deem necessary to determine if such protective system adversely affects any of Licensor's communication, signal, or other facilities. If Licensor's facilities are affected to the extent Licensor deems remedial procedures necessary, Licensee will, at its expense, provide the necessary equipment and effect the necessary changes in Licensee's facilities to bring such interference within levels tolerable to Licensor, and will bear all expense for related changes in or additions to Licensor's facilities. 9. The portion of said pipe line under said tracks and roadbeds thereof shall be encased by and at the expense of Licensee in a 6.625-inch O. D. steel pipe conduit, sealed and vented at each end, and placed at a minimum depth of 66 inches below the base of rail of said tracks, 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. 10. The pipe line described herein ia located on property in possession of Licensor by virtue of an agreement dated April 1, 1946, as supplemented, between 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 Licensor shall continue to operate the railroad now of Tampa ~ Gulf Coast Railroad Company and shall terminate upon ce.-tkoof such operation by Licensor. NOTE: The following changes were made in this agreement prior to the execution thereof: Article 1: Deleted. Articles 9 and 10: Added. 1. .... I I . Form 3537-A Rev. July, 1968-Sheet 3 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 a part hereof. IN WITNES'S WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: SEABOARD COAST LINE RAILROAD COMPANY Witnesses for Llcen,,": By::,....... ..............................(L. S. ) D. C. HASTINGS, VICE ESIDENT ir.RANS~ORIATION & MAINTENANCE .........~....~~.. C-' J-'7 ...........~~::.~:...a.-;....~::............. At.U.ltt.... ....... 1969 ~l~~ness: City Attorney \,. ~,," SEE PLANS IN FILE , .. ~! ~ "40;' 1.9.;, , . I r Fonn 3530 -Rev. Jan. 1962-Sheet 3 l Extracts from minutes Florida, of meeting of the City Commission of the City of Clearwater, held on the day of . 19 RESOLUTION Be it resolved by the City Commission 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 Ci ty ,wheNby said Railroad Company grants unto said City the right or license to install and maintain, for the purpo$e of conducting natural gas not to exceed a ma*i__operaUng pressure of 50 PSI, a Une of 2.375-inch O. D. steel pipe across the right of way and underneath tracks of said Railroad Company near Largo, Florida; a8 more particularly described in said agreement, which agreement is dated January 16, 1969, a copy of which agreement Is filed with this City Commission. I certify the above to be a true and correct copy. ..............................................................................Cierk.'......