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GAS PIPE LINE CROSSING (10) ~ -. J &8-42435 ~.. Form 3587-A Rev. JUlYM9_~4et 1 AGREEMENT FOR PIPE LINE FOR NATURAL OR L. P. GAS I I ) --:)- el' ?)C" -.,.1 THIS AGREEMENT, Made this 11th day of Oetober ,19 71, by and between the SEABOARD COAS1T 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, WITNESSIETH: 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 P.S.I., a line of 6-inch steel pipe across the ri&ht of way and underneath tracks of Licensor at UlmertOD, Florida, at a point 1,422 feet northwestwardly, measured a10aa the ceateT li.e.f Lic...or', ..aill track, frolllUle Poat ARI-887; aa shown in green on print of Licensee's unnumbered undated print attached hereto and made a part hereof. Licensor' 8 right of way beiq as indicated on said print. And Licensee hereby covenants and agrees in consideration thereof: 1. Effective NOV 1 1971 ' Licensee will yield and pay unto Licensor the annual rent or sum of One. . . . . . . . . . . . . . . . . . . . Dollarx ($ 1.00 ) payable at the beginning of each and every year or fractional part thereof during the continuance of this agreement. 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 $,tthe cost of Thicensee, which cost Licensee hereby agrees to pay on demand. 8. 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. 05. ooq- (1) ~ ~ - , ~ Drummond 1-2644 I I Form 3,~37-A Revised Aug., 1!J71-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 covenant con- tained herein and/or fa.il~.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 and regardless of rental (if provided herein) having been paid in advance for any annual, semI. annual or other period, remove said pipe from the premises of Licensor and restore 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, Li, censor 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 lepair, 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 con- ducting 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 pro- cedures 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. 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 t}.pe 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 sel forth, shall reimburse Licensor for the entire cost and expense of furnishing said representative. 10. The portion of said pipeline under said track and roadbed thereof shall be encased by and at the expense of Licensee in 8-inch .tee1 pipe conduit, sealed and vented at each end, and placed at a minimum depth of 66 inch.s below the base of rail of said track, or not 1es. than 36 inches below the bottom of Licensor's roadbed ditches, or not 1es. than 36 inch.s below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. NOTE I The following change was made in this agreement prior to the execution thereof I Article 10 I Mcled. ~ T I I Form 3537-A Rev. July, 1968-Sheet 3 .. It i8 understood and agr..d that this agr.ement .hall not be binding until it haa 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 i. 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: ...........~~....~~.. ...~...~....~... ~~:ness: By:........... .. .............................(L. S. ) D. C. Hastings, Vice Pr ident . Operations Witnesses for Lieenllee: SEE PLANS IN FILE .... < ~ '! ~"' --' , ! J &B-48826 . I I J'0I'IIl 8680 Rev. Sept. 1968-Sheet 8 Extracts from minutes of meeting of the City c~..ion of the City of Clearwater, Florida, held on the day of , 19 RESOLUTION Be it resolved by the Ci ty CoaIIia.iou of the City of Clearwater, Florida, in regular meetiq assembled that the Mayor-COIIIIli.aioner 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 City where~y ,,;~aid~!t~~~tl ~8D:l,~~~t'\IIlto .aid City the right or lieellle to in- .tall and maintaln, for the purpo.e of a gas main, a Une of pipe acro.. the right of way and underneath the track or tracks of said Railroad Company at U~rton, Florida, aa more partieularlyde.cribed in .aid agre...nt, which agree- ment i. dated October 11, 1971, a copy of which agreement i. filad with thi. City COIlIBh don. I certify the above to be a true aDd correct; copy. ..............................................................................auk........