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INSTALLATION AND MAINTENANCE OF A TWELVE INCH DUCTILE IRON WATER MAIN .', JACK CHERRY, JR. SUPERINTENDENT "' , I SEABOARD COAST LINE RAILROAD COMPANY Operating Department Tampa, Florida 33601 P.O. Box 991 July 28, 1911 - File: 13-10555-1 I"t Mr. Max G. Battle Director of Public Works City of Clearwater Post Office Box 4148 Clearwater, Florida 33518 ';':,:0' ," \{1. /)" J Dear Mr. Battle: I am attaching for your records the duplicate-original of agreement dated January 24, 1911 between Seaboard Coast Line Railroad Company and the City of Clearwater covering installation and maintenance of a 12-inch ductile iron water main to cross be- neath the Railroad's right of way and track at a point 1,450 feet southeast of Mile Post SY-811, and under industrial spur track at a point 830 feet southwest from its point of switch at the junction in Track sv-4, which point of switch is 140 feet west measured along center line of Track sv-4 from its point of switch at the jimction in main track. 2,445 feet southeast of Mile Post SY-81l, at Armston, Flori da . . The above instrument has been drawn without f!!e or annual rental. r- Very truly yours, ~~. !>-rtntendent ,': .. g><II /JI.... ; 11'.d& ;rj f.. y;fjj) ,~' ~ ~ PM'; s'Y , , "", "'" . '\ ~ v' . ~~tcr z-,~n~('rin,,! ~\ ]'1Grt(1lfJ -~-:" -'-, ~ -----}~ MLO [J ..' '~J ) DJC [1 ' ;V' uc 0 ~ ; 'l:l ' Other ~____-_----___-..,.- -.......--- ( rue .__.._______~__________,__________~_ ",-:;.i.J ,--' ,':- :-"':";'l~" i'NA'f'fR 1: \ ,'" " '~',;P'I MEta I' , " '. n-'~ . ,-. \\i! , . '7 ~'" \ .!'~., 1 ~: ' ; '-.. c6 -0 tD-DO (I d~ l I I Form 3530 Rev. June, 1973-Sheet 1 RE-37282 I.", THIS AGREEMgNT, Made this 24th day of January ,19 77 ,by and between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and the CITY OF CLEARWATER, a municipal corporation under the laws of the State of Florida , hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of which is hereby acknowledged, 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 a water main, a line of 12-inch ductile iron pipe across the rights of way and under Licensor's main track, Track SV-4 and an industrial spur track at or near Armston, Florida, at the following described locations: (a) Under said main track and Track SV-4 at a point 1,450 feet southeastwardly measured along the center line of said main track from Milepost SY-871; as par- ticularly shown in green on the first print attached hereto and made a part hereof; and (b) Under said industrial spur track at a point 830 feet southwestwardly measured along the centerline of said spur track from its point of switch at the junction in said Track SV-4, which point of switch is 140 feet westwardly measured along the center line of said Track SV-4 from its point of switch at the junction in said main track, which latter point of switch is 2,445 fiet southeastwardly measured along the center line of said main track from said Milepost SY-871; as particularly shown in green on the second print attached hereto and made a part hereof; Licensor's main track right of way being 50 feet wide on each side of the center line of said main track. And Licensee hereby covenants and agrees in consideration thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Division Engi- neer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe shall require repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the failure of Licen~ee so to do, the said Division Engineer of Licensor s hall give written notice to Licensee, and upon the failure 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. 2. Licensee shall install and maintain, above In'ound and in a manner and at such locations as may be designated by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership of said pipe. Licensee will, at its 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. ~ J I Form 3530 Rev. June. 1973-Sheet 2 3. 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 harm- less the 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 appurtenances on said premises, howsoever caused. 4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all costs and expenses 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 placed thereunder, or during any repair, renewal, relocation or removal of _ said pipe. 5. 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 con~ sent 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. 6. 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, 7. The portions of said pipe under said tracks and roadbeds thereof shall be encased by and at the expense of the Licensee in 20-inch steel pipe conduits 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 each conduit. 8(a). During the installation of said pipe the Licensee will. if it is to perform the installation, or if the Licensee is to have a contractor perform the installation, require said contractor to, at its sole cost and expense, procure and keep in force Workmen's Compensation and Employers' Liability Insurance, and Public Liability Insurance and Protective Public Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000.000.00 for all damage arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total limit of $1,000,000.00 for all damage arising out of bodily injuries to or death of two or more persons in anyone occurrence. and regular Property Damage Liability Insurance. and Protective Property Damage Liability Insurance, including automobile coverage, providing for a limit of not less than $1,000.000.00 for all damage arising out of injury to, damage or destruc- tion of property in anyone occurrence. (b). The Licensee shall furnish certificates of insurance evidencing the above coverage and the form of the policy. the carrier and the amount of the coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liability endorsement which will cover the obligations assumed under this agreement and such other endorsement or endorsements as, in the opinion of counsel for the Licensor. may be necessary or advisable to fully pro- tect and indemnify the Licensor. In addition, such insurance shall contain notifi- cation provisions whereby the insurance company agrees to give 30 days' notice to the Licensor of any change or cancellation of the policies. All of these endorse- ments and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. ~ I I Form 3530 Rev. June, 1973-Sheet 3 NOTE: The following changes were made in this agreement prior to the execution thereof: Articles 7 and 8: Added. 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 part of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witness for Licensor: ~ ' ~.~~-;~:~_:--~~~ Witness; for Licensee: _..~mZ~._......._m_ ........,.l{r4i~..~~._~_______________ SEABOARD COAST LI RAILROAD COMPANY Bym.. .~..m n.mm.~___...m___..b.nm_b..m.. .... m. n' (L. S. ) ]. L. "-/:ii;..,..:~r~.sl '\(L.._,~, ,~-:...::.~:J2:-.t _. C_*'~~' ,-:.!.~,- ~ ~~"' Attest:.n . Countersigned: ~~~~ MaYOr-COmmis~ner (L. S.) It.... . - I I - , ~ - ", l. a: /I ,J ~ .,. :1 - '" -' c --- 0 0 I - a: ell <0 ~ I ~ '" 25' .. ?5' I 3' -:k!: c:: I l R/W~ ....-r.l. -r _,- R/W -- \ --r "- Prop. E. of PtwinD t , ,,/ 0 ~, Jock Or SfJr. 50 - 20 :0 SI..I Cosing Pip. . ; ~. ~~~ -o~ -"Oell_ _~ ~.~;~ ~'- . ~ \ C/I"" "" ;.c,~-" , ~-a \ ~ $ , o. $ J ~'t:J \ Consl. 12"Woltlr Main I I I ." ~ Exist. 15 Son. Sewer I I I ~Exist. M.H. I~ 54 52 --r--.... ~"'- I j I I '\ (~ - t--.. 50 .~ ~':1$. 10 -' Ie) '~ \~ I I I ~ Exist. ~ .H. I ! I I - 48 .GrJnsl.12 W.M. -- /' ~ 'i-<~,"- -~ ............ I -----.~~ ~ : ......... , IPrtJlllc 1 on Fro For.iD" ~ ' ~A 'fJ1.rial Nol Tig""Y S.alrd-......... -- ---- Jad Or 80r. 5( , - 20 " SI.I C'rJsing p,j . \ ~~ ~. -' --- " -- --~- ---- 46 --.. 44 I \. I Exis . 15"VCP --c...-L' \ I I~, J I ~ --.., S.C.L. R.R. APPROVAL SKE CH Scole Horiz. I : 20 Vert. I": 2' - """'--- .J I . " .. '" ' " Jack 0, 8'0'. 52.60 -20 51../ CaSing Pip. J . a.../ I: r- Ilk:' "":;' ~, / I 42 I I r I / ~ """ "" -- I - ........ ------ ....... 0 .l:!: .~ .S: ~~ ~~ ~~ l.o l.o <::) I , I , . OC') Ie') N') J(1ck 0, 8 or. tJ ~.60-2(, n / Sf..1 '.(Ising /p. J(1CA 0, 80'. 52.60' 20" V ~ V Sf.. C(1$il1fj Pip. -- I--- 1--- - -. -- I--- -- - .. -- -- -- ~-- -- --- -- ~- -- "- \ ) " Consl. I. " W.N. ~P of.cficn F,om F'O,.ig / Me f.,i(1/- N'Of 7/(/ fly StIQ. rd S.C.L. R.R. A ) PROVA SKE CH Scale Horiz. I": 20' Vert. .I": 2' 48 46 44 40 .,' " . I I RESOLUTION No. 77 - 19 A RESOLUTION AUTHORIZING THE CITY OF CLEARWATER TO ENTER INTO AN AGREEMENT WITH SEABOARD COAST LINE RAILROAD COMPANY FOR INSTALLATION OF A WATER MAIN. WHEREAS, the City of Clearwater has found it necessary to install and maintain for the purpose of a water main, a line of 12-inch ductile iron pipe across the rights-of-way and under Seaboard Coast Line Railroad CompanyJs main track, Track SV -4, and an industrial spur track at or near Armston, Florida; and WHEREAS, the Railroad has prepared an agreement to that effect for formal execution by its corporate office rs, as well as the proper municipal officials of the City of Clearwater; and WHEREAS, the Railroad has requested a resolution be adopted by the City, formally approving said agreement and authorizing the proper City officials to execute same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED, AS FOLLOWS: That the Mayor, together with the other appropriate municipal officials of the City of Clearwater, are ,hereby authorized and empowered to execute a certain agreement with the Seaboard Coast Line Railroad Company, bearing date of January 24, 1977, in connection with the installation and maintenance of a water main, a line of 12-inch ductile iron pipe across the rights-of-way and under Seaboard Coast Line Railroad CompanyJs main track, Track SV -4, .~., ". . . ,".... ... ,. . and an industrial spur track at or near Armston, Florida. PASSED AND ADOPTED this 3rd day of March, A. D. 1977. I s I Gabriel Cazares Mayor-Commissioner Attest: Isl R. G. Whitehead City Clerk -' - .- I ~ I I 1, R. G. WHITEHEAD, duly appointed City Clerk of the City of Clearwater, Florida, certify the foregoing to be a true and correct copy of Resolution No. 77-19 the this adopted by the City Commission on 3rd Ma r c h A.D. 1977 da yof Witness my hand and the seal of the City of Clearwater, 4th day of March A.D. 1972- /~'~ /' I AtV:C~:,~~ff / City Clerk ; v .'-r'r' <-,.,.~, ",,,,,,,,..-'1."""- ~"""'~~'''''''~''''*'''lir.~ -"J~'-"'''~''''- -r..:." ".",,': ,'-""