GAS PIPE LINE CROSSING (6)
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Form 3537-A
ltev.July, 19~5heet 1
RE-29007
AGREEMENT FOR PIPE LINE FOR NATURAL OR L. P. GAS
THIS AGREEMENT, Made this 29th day of December , 19 70, by and
between the 8EiABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and
CITY OF CLEARWATER, a municipal corporation under the laws of the State of Florida,
hereinafter referred to (severally, if more than one) as Licensee,
WlTNESSIETH: 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 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 60 PSI. a
line of 4-inch I.D. black steel pipe across the right of way and underneath the
main track of Licensor at Largo, Florida, at a point 2,133 feet northwestwardly
measured along the center line of said track from Mile Post ARE-884; as shown
in green on nrint of undated drawing attached hereto and made a part hereof;
Licensor's right of way being 30 feet wide on each side of said center line.
And Licensee hereby covenants and agrees in consideration thereof:
1. Effective J AN, 1 1971 , 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 part thereof during the continuance of this agreement.
2. Licensee 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 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 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. 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 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.
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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~
renewal, relocation or removal 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 pipeline under said track and roadbed thereof shall be
encased by and at the expense of Licensee in a 6-inch 1.0. black steel conduit,
sealed and vented at each end, 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.
NOTE: The following cbanges,were made in this agreement prior to the execution
thereof:
Article 7: The words "or renewal of said pipe" deleted and the words
"renewal, relocation or removal of said pipe" substituted
therefor.
Article 9: Added.
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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 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 COAST LINE RAILROAD COMPANY
By:",."".... ,..,.'"".""""..,,,..,,..,, ...."."......."...(L...S.)
o.c. l:\a-S~;ngsL -",.;,.~ Lr.:-c<~, t ' PBea\iQQ8
" ..""""""""",,(SEAL)
City Manager
A ppr oved as to form & correctnes s :
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Form 8680
Rev. Sept. 19GB-Sheet 3
Extracts from minutes of meeting of the City Commission of the City of Clearwater, Florida
held on the day of , 19
RESOLUTION
Be it resolved by the City Commissioner of the
City of Clearwater, Florida, in regular meeting assembled that the
Mayor - Commissioner of said Cft y 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 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 60 PSI, a line of 4-inch I.D. black steel pipe across the
right of way and underneath the main track of said Railroad Company at Largo,
Florida; as more particularly described in said agreement, which agreement is
dated December 29, 1970, a copy of which agreement is filed with this City
Commission.
I certif,. the above to be a true and correct cop,..
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