SANITARY SEWER MAIN AND STORM SEWER MAIN
or
TO:
FROM:
COPIES:
SUBJECT:
DATE:
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CITY tF CLEARV/ATER
Interdepartment Correspondence Sheet
Max Battle, Public Works Di::Cf\t~
Lucille Williams. Cit~~
Agreements with SCLRR
November 16, 1981
A check of our records indicates we do not have executed copies
of ~hc follo','rin~ agres216nts:
Res. 79-97
Res. 80-95
-Res. 80-96
San. Se~er, Franklin & East t~e.
Pipe Line, L~. E. Co:=:ch~~J2n
San. Sewer - Storr'! DY'ainage, "D" Street
We will appreciate your contacting the Railroad to obtain signed
copies for our files. Thank you.
L\!/SL/ss
IECEIVED
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FILE _______,._______'''.0.'
TO: Lucille Williams, City Clerk
FROM: W. J. Shepard, Engineering
In answer to your above request - we have found Agreement on
Res. 80-96, which is attached.
We are still searching for the two others
requested.
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ThankSJ
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Att.
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SEABOARD COAST LINE RAILROAD COMPANY
Operating Department
Post Office Box 991
Tampa, Florida 33601
Mr. Max G. Battle, Public Works
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33518
Director
JACK CHERRY, JR.
SUPERINTENDENT
November 14, 1980
13-13036 ( z)
Dear Mr. Battle:
I attach, for the records of the City, the duplicate-original
of agreement dated July 3, 1980, between the Seaboard Coast Line Railroad
Company and the City or Clearwater, Florida, covering installation and
maintenance of certain lines of pipe across the right-of-way and beneath
trackage of the Seaboard Coast Line Railroad Company and "D" Street, at
or near Clearwater, Florida, on the alignment and at the locations described
as follows:
1. A line of eight-inch (I.D.) PVC pipe, for a
SANITARY SEWER MAIN, encased in a 12-inch steel
pipe conduit, across the right-of-way and under
the main track of Licensor at a point 273 feet
northeastwardly measured along the center line
of said main track from Milepost SY-876; and
I 2. A line of 14-inch (I.D.) ductile iron pipe, for
, a STORM SEWER MAIN, unencased, across the right-
O of-way and under the main track of Licensor at a point
~ r6 . 235 feet northeastwardly measured along the center line
..I ~ . of said main track from Milepost SY -876; TOGETHER WITH
J r. ~ the right or license to install and maintain a portion
~ \\ /,y' ',~J of a CATCH BASIN in the extreme easterly end of said pipe
p.....V' 1)1 ,r: \. ' crossing; as shown in green on said print; TOGETHER ALSO
'J ,~~ WITH the right or license to install and maintain a
',,f /1'" "';' section of 15-inch REINFORCED CONCRETE PIPE from the
V ~f. . north side of said CATCH BASIN northeastwardly to a
\f point ending on the boundary line of Licensor's south-
easterly right-of-way.
The agreement has been drawn without contract fee or an annual
, but contains in Article 7 our insurance provision.
,
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Very truly yours,
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Superintendent
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~ 3530-Sheet 1
Revised Nov. 1979
RE- 919
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THIS AGREEMENT, Made this 3rd day of July, 1980, by and between the
SEABOARD COAST LINE RAILROAD COMPANY, a Virginia corporation, 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 kept and performed, hereby grants
unto Licensee the right or license to install an~~~intain, for the purpose
of conducting SANITARY SEWAGE and STORM DRAINAGE~~ines of pipe across the
right of way and under track of Licensor at "D" Street, at or near
CLEARWATER, FLORIDA, on the alignment and at the locations described, as
follows:
(1) A line of 8-inch (I.D.) PVC pipe, for a SANITARY SEWER
MAIN, encased in a 12-inch steel pipe conduit, across the
right of way and under the main track of Licensor at a point
273 feet northeastwardly measured along the center line of
said main track from Milepost SY-876; as shown in green on
print of Licensee's Drawing, undated, first attached hereto
and made a part hereof; as also described in Form 115,
Licensee's Specifications for said line of pipe attached
hereto and made a part hereof; and
(2) A line of 14-inch (ID) DUCTILE IRON pipe, for a STORM
SEWER MAIN, unencased, across the right of way and under the
main track of Licensor at a point 235 feet northeastwardly
measured along the center line of said main track from
Milepost SY-876; as shown in green on print of Licensee's
Drawing, undated, second attached hereto and made a part
hereof; as also described in Form 115, Licensee's
Specifications for said line of pipe attached hereto and made
a part hereof; TOGETHER WITH the right or license to install
and maintain a portion of a CATCH BASIN in the extreme
easterly end of said pipe crossing; as shown in green on said
print; TOGETHER ALSO WITH the rig-ht or license to install and
maintain a section of IS-inch REINFORCED CONCRETE PIPE from
the north side of said CATCH BASIN northeastwardly to a point
ending on the boundary line of Licensor's southeasterly right
of way; as indicated in green on said print attached;
~) Licensor's right of way being as indicated on said
prints.
Said lines of pipe and other appurtenances sometimes
hereinafter, for convenience, collectively referred to as
"pipe(s)".
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 Engineer of Licensor and so as not to
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F~ 3530-Sheet 2
Revised Nov. 1979
e,
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 Licensee so to do, the said
Division Engineer of Licensor shall 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 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 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.
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
harmless 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 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.
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(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
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F~ 3530-Sheet 3
Revised Nov. 1979
e.
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
destruction 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 protect and indemnify the Licensor. In addition, such
insurance shall contain notification 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 endorsements and notice provisions shall be
stated on the certificate of insurance which is to be provided to the
Licensor. Provided, however, that notwithstanding any of the provisions of
this agreement with respect to insurance, it is understood and agreed that
the liability assumed by the Licensee shall not be limited to the insurance
coverage stipulated herein.
8. The portions of said pipes under said tracks and roadbeds thereof
shall be encased, or unencased, as aforesaid, by and at the expense of
Licensee and placed at the following minimum depths below the base of rail of
said tracks:
Pipe described in Item (1), 3 feet 7 inches;
I. Pipe described in Item (2), 1.58 feet;
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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.
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 hereof.
IN WITNESS WHEREOF the parties hereto have executed this agreement in
duplicate the day and year first above written.
Countersigned:
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Witnesses for Licensee:
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Witnesses for Licensor:
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Form 3530-Sheet 4
Revised Nov. 1979
By
SEABOARD COAST L
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