GAS PIPE LINE CROSSING (11)
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SEABOARD COAST LINE RAILROAD COMPANY
Operating Department
Tamps. Florida 33607
January 25, 1973 -
lECE\VEO
File: 13-9876
JAN 26 \9;7;3\
8. 8. VAUGHAN
SUPERINTENDENT
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City Clerk
City of CleaNater
Post Office Box 4748
CleaNater, Florida 33518
Dear Sir:
I attach for your records the duplicate-original of agreement
dated Noveuber 22, 1972, with the City of Cleatvater covering installation
of a 2-inch steel natural gumainbeneath our right-of-way and track
896 feet.8outhof Mile Post SY";879, Largo, Florida, effective January 1,
1973, at nominal rental. .
Very truly yours,
~~
Superintendent
0,5-. ao{l- 00 (!!)
J &t-42435
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Fonn 3537-A
Rev. July, 1968--8heet 1
RE-26042
AGREEMENT FOR PIPE LINE FOR NATURAL OR L. P. GAS
THIS AGREEMENT, Made this 22nd day of November , 1972 , by and
between the SEABOARD 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,
WITNESS!E['H: 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 2-inch steel pipe across the right of way and underneath track of Licensor
at 18th Avenue, S.W. near Largo, Florida, at a point 896 feet southwardly,
measured along the center line of Licensor's main track, from Mile Post SY-879;
as sholnl in green on print of Licensee's drawing attaclled hereto and made part
hereof; Licensor's right of way being as indicated on said print.
The pipeline described herein is located on property in possession of the
Seaboard Coast Line Railroad Company by virtue of an agreement dated April 1, 1946,
as supplemented, between the Tampa & Gulf Coast Railroad Company and the Seaboard
Air Line Railroad Company, now Seaboard Coast Line Railroad Company, aud unless
sooner terminated, as provided herein, this agreement shall continue in effect so
10n2 as the Seaboard Coast Line Railroad Company shall continue to operate the
railroad now of the Tampa & Gulf ~oasl Railroad Company and shall termin~te upon
cessation of such operation by the Seaboard Coast Line Railroad Company.
And Licensee hereby covenants and agrees in consideration thereof:
1. Effective J A N 1 1971 ' Licensee will yield and pay unto Licensor the
annual rent or sum of One..................... DollarJ!t ($ 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 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, 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 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 hannless
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 3537-1\
Revised Aug., 1971-Sheet 2
Drummond }.2644
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 wi'h each and every covenant con.
tained herein and/or fails to use said line of pipe for the purpose herein set out during any consecu'ive period of six months
after said line of pipe has been installed, then and in ei'her event Licensee will, within thirty days after receipt from Licensor
of written notice so to do and regardless of rental (if provided her~in) 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 sa'isfactory
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 res'ore 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 ,hereover 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 receiptofliutl\ority"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 protectiw
system to Licensor for its approval prior to placing such sys'em 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 type 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 set 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 a 4-inch 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 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.
11. In consideration for the right or license hereby granted, Licensee hereby
agrees that the Licensor shall not at any time or in any manner be assessed with
the cost or any part of the cost of the installation and maintenance of said
pipe and appurtenances thereto on Licensor's property.
NOTE:
The following changes were made in this agreement prior to the execution
thereof:
Articles 10 and 11:
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:
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Witnesses for Licensee:
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Approved as to form
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(L.S.)
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Porm 8180
Rev. Sept. 1968-Sheet 3
Extracts from minutes of meeting of the
held on the
City Commission of the City of Clearwatert Floridat
day of , 19
RESOLUTION
Be it resolved by the City Commission of the
Ci ty of Clearwa ter, Florida, in regular mee ting assembled that the
Mayor-Commissioner 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
whveby said Railroad Company grants unto said City the right or license to install
and maintain, for the purpose of a gas main, a line of pipe across the right of way
and underneath track of said Railroad Company at or near Largo, Florida; as more
particularly described in said agreement, which agreement is dated November 22,
1972, a copy of which agreement is filed with this City Commission.
I certily the above to be a true aDd correct copy.
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