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GAS PIPE LINE CROSSING (7) J~B-~6 I I ~ AGREEMENT FOR PIPE LINE FOR NATURAL OR L. P. GAS Form 3637-A Rev. July, 1968-Sheet 1 U..28993 THIS AGRlEEMENT, Made this 30th day of Decetlber ,1910 ,by and between the S,EiABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and CITY OF CLEARWATER, a municipal corporation und.r the law. of the State of Florida, hereinafter referred to (severally, if more than one) as Licensee, WITNiESSE;TH: 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 maint;:tin, for the purpose of conducting natural ga. not to exc.ed a maximum operating pr6.sure of 60 PSI, a line of 4-inch black steel p1pe acrol. the right of way and underneath Lic.n.or'. tracks, near Belleair, Florida, in Ponce de Leon Boulevard, at a point 1,117 feet northwardly, _..........d .1_ the coter it.. of Lice..or'. _in track, frOll MU.- pOlt SY-871; as shown in green on print of Licensee'. sketch attached hereto and made a part her.of, Licelllor'. right of way being a. iudicated on .aid print. And Licensee hereby covenants and agrees in consideration thereof: annual rent or sum of 1IIGI~1 , Licensee will yield and XXXXX aya e at the beginning of 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 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, ahove 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 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 f or 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- purtenanceson said premises, howsoever caused, and whether resulting from negligence of said Licensor, its agents or otherwise. 06 - oll., -DO (j) I I " J &B-55052 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.~ re- newal, relocatio~ or remo.val of said oipe.. .... . 8. In the event LIcensee prOVIdes and installs, Mtlier 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 expen.e of Licensee in 6-inch black .te.l pip. conduit, sealed and vented at each end, and placed at a minimum depth of 6 feet 6 inches' below the base of raU of said track, or not le.. than 36 inche. below the bottom of Licensor'. roadbed ditche., or not le.s than 36 inch.. below around surface - whichever depth may be the lower - measurements being to the top of .aid conduit. 10. It i. understood and alr.ed that thi. alree.e.t .hall DOt be blndina until it hat bee. authod.'.. 0'1' TaU'I.. by. ......-r o.-diu.ee or re.olutioll of the Ci ty Council of the City of Clearwater, Florida, a certified copy of which ordinance or resolution is attached hereto end mede a part of this agreement. NOTE I The following change. were made in this agreement prior to the execution thereof. Artic 1.. 9 Deleted. The words "or renewal of said pipe" deleted and the words "renewal, relocation or removal of .aid pipe" substituted therefor. and 101 Added. Article 11 Article 7. f I I Form 3537-A Rev. July, 196B-Sheet 3 IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. ~~~:........... ~q!K:Jcl.,7J..:.~ Q C u,,,,c:.'L."D::"""" l';';j'eslt.iem ~ _ . J_.lH...""'-. ~.:.),l 'l.....~ - .--.. . __...._..._.._ _ .-'-'" Witnesses for Licensor: Witnessell for Licenllee: (SEAL) Countersigne. . , - I " I t . ~ ~ ~ _ .L -L =-= ~ - ---tl- --.:!: T-----l II ,I I II I I II MH If I . f--- - -H-.(C)-II:T __ II I ~ I cr ~ I~ ~ '~I "I ~ II I ' ---~--.J~ _ =------= 0PP-CBL_2'~---,c - -ti: ~-~~ RR II~. to~. ,,~; Sign j,;) e' (t. .?II 11O~~ I ,el?}" I I Oitell to be pi2ed I r' h-+,: ~ t Filled by Others , I I I I I ,PONCE [E LEON BLVD. I ~ T-ells'r-, ~I~M~______ Ii II I 'I III ------ II I _ ~~-===-=-=-=--=--=--= ---~-=- I ~~~ I- I ---:- _ _ 2"G --l - - ----f?: - ~ - IT I . "PP .Jock or Bore I;"Cosin9 I Prop. 4 Gas Main , 4< I' " - ~--sy.~_n t I I' R/W/L~ ~v M. "8 7 is 1117'150. of Prop. CrossinC;J. L MIT.Jj. CKS Be. RE 4:- B.., 1--- -~n..' ., l~ ,I \-, - -0 I-tl \ I "~.!~ -LG ound ,-- ('\ 1"______ // II ... ../" I I Ii I yoL! \ "I II II I I I II I I JI'I II n I I' . r ~ - -1 ^ 1-- - \ Insul'7. or II 1\ I I \.1.1 a" Son 1 fpacu: " Ike~,"l[Lf- - 1~~~t Ic.qrrJ~Y Pip r--~ T~~' '1 . "St . c . Ip. Jack or Bore 50 -6 leel oSJng Ipe I I I I I 30 ( fJ 44 S ~'(}n ~ 42 Volv~1 \ I ; \ i ! 41 f~] ! II \! I ,/ I - 4B"RCP I 1 I . I I 1 tA 40 38 36 'I I II ~V ,.~ -..:::: Seal I g I 34 1::= 30' I . ) ~ ~ E:: - ----------- T ~.... Screened Ibow 2"Ve;;- Pipe to be loe. ted at P/L with approv d Siqn \, , .' \ \ " 4~) SCLR R APPROVAL SKETCH Scale: Horiz. I": 20' Ver. ,": " =to CD . N ~ - -- - A I RI(, 2:J7 y' J lB-4332; . . I . J< I Form 8680 Rev. Sept. 19GB-Sheet 3 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 Ci tyCounc i 1 of the City of Clearwater, Florida in regular meeting assem.bled that the Mayor of .aid 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 wh~eby said Railroad Coaapany '':.Il~. unto ~id City the ript or lie.... to in'" stan aad~'Iltaift, for the l'urpo.. of a natural ~as main, a line of pipe across the right of way and underneath tracks of said Railroad Company at or near Belle- air, Florida, as more particularly described inaid agreem.nt, which agreement is dated December 30, 1910, a copy of which aare.ment i. filed with this City Council. ,- I certif,. the above to be a true and correct cop,". ................................................................................................ aerk