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INSTALLATION OF AN 8 INCH DUCTILE IRON CARRIER PIPE l\ I I SEABOARD COAST LINE RAILROAD COMPANY Operating Department Post Office Box 991 Tampa, Florida 33601 13-13376 !n)ri~l;';lll,:;:'~l.'l "l r. -'",,~.. l'."-'~,' i'.'1'" \~il ,,01 I ~.' L,'t"/I iJ'" i fl".')' I. p.l Y 73 "'~u'i" 'iJ.:i;,r'5'~ \,. /f : ~~~. ! ~ ! 1~ .~ J '"" '.< ",#f~' I.if! ~1 ~w L~1{1!J "':.J' AUG 19 198' JACK CHERRY. JR. SUPERINTENDENT August 18, 1981 (z) P.E. lL n '. "''''', .) ,'" OJ iJ t:rtf..\j ~ ~ i~; .;" ~i"\l,"''i. 0' Sc\.J. ~,,; V~ f~';"r:, '(',. \.." l; Vt:l'It$ Mr. T. Clinton Stevens, Jr., Lloveras, Baur and Stevens 3210 U. S. Highway 19 North Clearwater, Florida 33515 v Dear Mr. Stevens: I attach, for delivery to the City, fully executed duplicate- original of agreement dated May 22, 1981, between Seaboard Coast Line Railroad Company and the City of Clearwater, covering installation of an 8-inch ductile iron carrier pipe encased in l6-inch steel casing pipe, crossing beneath the right-of-way and track of the Railroad, at a point 734 feet north of Mile Post SY-876, at Clearwater, Florida; which instrument has been drawn without monetary consideration. Article 7 of the agreement contains our insurance provision and Certificate of Insurance has been furnished and approved by our Law and Insurance Departments. Very truly yours, ~errY, Jr Superintendent 11. 1:,,- ~ ,pN ,~J{ )<V \~\~ "') . "r I~-' -) >,-) -c PU.3LIC 'v~,.rC::_:I~S ~M,GB~' ';.'CJ o RO.W. [] FUJ. i? S. i , I..." <:l-_I."t.t:~'~ ,...J [J (.: I..I ~:-I ri 1':'7-, ;.\ L..~ -,,--1 . 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C!i - 0' {)-:QV (I.SJ , , >i I Fo nn1J530-S1leP t 1 Revi sed Jan. 19S1 RE-919 6DK06102 22 THIS AGREEMENT, Made this 22nd day of May, 19S1, by and between the SEABOARD COAST LINE RAILROAD COMPANY, a Virgi nia corpol:'ation, 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 the Licensee to be kep t and performed, hereby grants unto Licensee the right or license to install and maintain, for the purpose of conducting SANITARY Sl<..'WAGE, a line of S-inch DUCTILE IRON pipe across the right of way and under TG&C Main Track of Licensor at Lakeview Road, at or near CLEARWATER, FLORIDA, at a point 734 feet northwardly measured along the center line of said track from Milepos t SY-S 76; as shown in green on two prints of Licensee's separate Plan and Profile Drawings, both undated, attached hereto and made a part hereof; as also described inForm 115, Licensee's Specifications for said line of pipe attached hereto and made a part hereof; Licensee's r igh t of way being as indicated on Licensee's Prof i Ie Drawing attached hereto. And Licensee hereby covenants and agrees in cons ideratlon thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Divi sion Engi neer of Licensor and so as n,Jt to int.erfere with pi.pe 01:' 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 fallure of Li~ensee so to do, the said Division Engi neer of Li censor shall give written notice. to Li censee, 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 ground 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 confo rm to any changes or improvements that may be made by Licensor in its tracks or roadway at said location, or to permi t the utilization of Licensor's right of way, or other lands, for the construction of tracks, buildings or other structures. 3(a). Licensor shill] not be responsihle 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 the Licensor, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgl~nts whatsoever in connection with injury to or death of any person or pel:'sons or loss of or damage to property caused by or in any way connected with the ins talla tion, maintenance, use or presence of said pi pe and appurtenances on said premises, howsoever caused. '.' , I ForJ 3530-Sheet 2 Revised Jan. 1981 (b). Any provision herein to the contrary notwithstanding, Licensee agrees to indemnify and hold harm~ess Licensor frama1l claims, costs and expenses (including attorneys' fees) as a consequence of any incident resulting in the pollution of air, water, land and/or ground water arising from or in connection with the grant of this indenture or any supplements thereto regardless of the location or proximi ty of such pollution to the demised premises; and for any claim or Habni ty arising under federal or state law dealing with the pollution of air, water, land and/or ground water. (c). All obligations of the Licensee under this agreement to release, indemnify and hold harmless the Licensor shall also extend to officers, agents and employees of the Licensor, and to companies and other legal entities that control, are contolled by, are subsidiaries of, or are affiliated with, the Licensor, their respective officers, agents and employees. 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 piUng or by other means while said pipe is being placed thereunder, or during any repair, renewal, reloca tionor 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 consent of Licensor; in the event such consent is exterlded, A. repre;jcntathrE; will be assigned by Licensor to protect Licensor's interests and Licensee, in addi tion 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 cons idera tion for the r igh t or license hereb y granted, Li censee 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(a). During the installation of said pipe, the Licensee shall furnish (or require its contractor to furnish) the Licensor a Certificate of Insurance showing that the Li censee (or its contractor) carries 11 ahHi ty insurance applicable to the job in question (evidencing said applicability by a contractual liability endorsement stating that the insurance is applicable to the obligations assumed by the Licensee under the agreement with Licensor) in the amount of $1,000,000.00 for all personal injuries, death, or property damage, per occurrence arising during the policy period. (b) . The Licensee shall fu rllish certlficatesof fnsu rance evi dendng the above coverage and the fonn of the polley (or policies), the carrier and the amount of the coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual li abi1i ty 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 protect and indemnify the Licensor. In addition, such insurance shall contain noti fication provisions whereby the insurance company agrees to give 30 days' notice to the Licensor of any change or cancellation of the poHcy. All of these endorsements and notice ....' .'f I FonJ 3,)30-Shet~t 3 Revised Jan. 1981 provisions shall be stated on the certificate of insurance ~ljch is to be provided to the Licensor. Provided. however, that notwithstanding any of the provisions of this agreement with respect to I nsurance. it is unders tood and agreed that the HabiB ty assumed by the Licensee shall not bell mi ted to the insurance coverage stipulated herein. 8. The portion of said pipe under said track and roadbed thereof shall be encased by and at the expense of the Licensee in 16-inch (I.D.) steel pipe conduit and placed at a minimum depth of 9 feet below the base of rail of said track. or not less than 3 feet below the bottom of Licensor's roadbed ditches. or not less than 3 feet below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. It is understood and agreed that this agreement shall not be binding until it has been authorized or tatified 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 hereof. IN WITNESS \.JHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: 4/~ "~ SEABOARD COAST LINE RAILROAD By ~~d~U--- Chief Engineering Officer COMPANY (L. s.) Witnesses for Licensee: c, ~ <:::1L_2. /j7-' -L ~ ~fn.~ By Attest rt~ L f:.~ ~ (SEAL) 12. rk ,.// . . 1 . ...-1 counterSj~yed:' z:u~ d;i1/u/I r'-~ayor-Commissioner . A~d as to form & correctness: _r~ k~< ~ L....;;t-. City Attorney "'. p~ I 'Y I Form 115 SEABOARD COAST LINE RAILROAD COMPANY APPLICATION FOR PIPE LINE CROSSING UNDER PROPERTIES AND TRACKS Plans for proposed installation shall be submitted to and meet the approval of the Railroad Company before construction is begun. Material and installation are to be in strict accordance with specifications of the American Railway Engineering Associa- tion and requirements of the Seaboard Coast Line Railroad Company. Original and eleven copies of this form shall be submitted, accompanied by twenty-two prints of a drawing showing plan, elevation section of crossing from field survey, location in respect to Mile Post, width of Railroad's Right of Way, location of adjacent structures affecting crossing, and all inform'" ;on re- quired in Figures 1 and 2 of A.R.E.A. Specifications, Part 5-Pipelines. If open cutting or tunneling is necessary, details of sheeting and method of supporting tracks or driving tunnel shall be shown. 1. Correct Name of Ap~lieant. The City of C1 earwater. Flori da 2. Post Office Address 112 S. Osceola. Clearwater. Fl. 33516 3. Partnership - Name and Initials all Partners, Women - Given and Surnames before marriage and present. N/A . 4. If Incorporated Name ()f State in which Incorporateil F1 ori da 5. Location 6, b14 Feet' North (Direction) fr()m nearest R.R. Mile Post #87 7 ~ ~ y 6. Nearest Railroad stati()D Clearwater CoUDffc Pinellas State Florida 7. Within limits of Public Highway NameLakeview a. Fed-Sta~ty No. C.R. 595B 8. Temporary track ,support or rip rapping required ( ) Yes (X ) No - Describe 9. Wires, poles, obstructions to be relocated ( ) Yes ( X ) No - Describe 10. Product to be conveyed Sanitary 11. Max. Working Pressure 12. Location of shut-off valves Sewer Flammable (X ) Yes ( PSL Field Test Pressure ) No. TemperaturA PSI. Type Test 13. PIPE SPECIFICATIONS: Material Material Specifications and Grade Minimum Yield Strength of Material PSI Mill Test Pressure PSI Inside Diameter Wall Thickness Outside Diameter Type of Seam Laying Lengths Kind of Joints Total Length within RR R/W VENTS: Number 0 SEALS: Both ends 0 BURY: Base of rail to top of easing BURY: (Not beneath tracks) BURY: (Roadway ditches) CATHODIC PROTECTION: ( ) Yes ( X) No PROTECTIVE COATING: ( ) Yes ( X) No Kinil CARRIER PIPE CASING PIPE V.I.P. steel Class 50 AWWA C151 (ANSI A21.51) qrade B 42000 P.S.I. 35.000 min. 350 P.S.I. 8.5111 0.2]11 - 9.0511 none 181-201 random push-on 30 feet 1611 0.21911 min. 16.43811 min. seamless random butt welded 30 feet Size One end Hgt. above ground 9 ft. ft. ft. o in. in. in. Type, Size and Spacing of InsuIatoI;s or Supports not a p p 1 i cab 1 e 14. Method of Installation Jack and bore; alternate metRod opefl cut If application is approved, applicant agrees to reimburse the Railroad for any cost incurred by the Railroad incident to installation, maintenance, and/or supervision necessitated by this pipe line installation, and further agrees to assume all liability for accidents or injuries which arise as a result of this installation. ~--J')..-C{) I Date ' CITY OF CLEARWATER rr~fJ.fiUL:;Pli=non j)~~ p~ W~ t~k 'cdL~L ~~"Q=-"~~i' suiting Engineers 5 . . ltro' VII' f" . Uf ve yors , . a lUll 1('11) 1)('" 1/ ~1Ii1ll _"11 . ,) Wt /'110., I ,lIII"'~~,l_ ... Jiozrn_1b. .. ''I I I t'or .!'I'rJtf r rl __,...............!iElII.:_ . ()",1u .33"'1'" __ ~...... " .' . -,) ,J ~'t.":~ a~ ~l ~~ lp rm ~L~W ,. 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'-l/I()J mO Lt-01 TV-i < \l . --< 'II~~ ~o VJ 4 In VI ~ -- - r ~ , r ~ . , I?, .. " l ,.. I' /' . ' ( . ) . I I I, Lucille Williams, duly appointed City Clerk of the City of Clearwater, Florida, certify the foregoing to be a true and correct copy of Resolution No. 81-65 adopted by the City Commission on the July , A. D. 19 81 . Witness my hand and the seal of this 24th day of July 16th day of the City of..~Clearwat-er, - ,~'1981 r ---- ~~L,~ City Clerk ~, " ,. f I ~'-;-,'-"" t"; - .,. t J '-Sl,... :-: F.~. I RES 0 L 'L' ":' I C ~; ---------- No. 81 - 65 A RESOLUTION AUTHORIZING THE CITY OF CLEARWA TER TO ENTER INTO AN AGREEMENT WITH SE..A..BOARD COAST LINE RAILROAD COMPANY FOR INSTALLA TION OF 8-INCE DUCTILE IRO~ PIPE FOR CONDUCTING SANITARY SEWAGE. WHEREAS, the City of Clearwater has found it necessary to install and maintain for the purpose of conducting sanitary sewage, a line of 8-inch ductile iron pipe at Lakeview Road, Clearwater, Florida. acros s the right- of-way and under the T & G C Main Track of Seaboard Coast Line Railroad Company; and 'VlHERE..A..S, the Railroad has prepared an agreenlent to that effect for formal execution by its corporate officers, 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 CL.2AR WA TER, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED, AS FOLLOWS; 1. 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 May 22, 1981, in connection with the installation and maintenar.ce of a line of 8-inch ductile iron pipe for conducting sanitary sewage at Lakeview Road, Clearwater, Florida, under Railroad's T &.: G C Main Track. 2. That this Resolution shall become effective immediately upon its pas sage. PASSED AND ADOPTED this ~6th_day of July, A. D. 1981. A tte sb / s/ Paul A. Hatchett Vice ~layor-Commissioner /5/ Lucille Williams City Clerk