PIPE LINE CROSSING (3)
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Form 1363 Revised 9-1-"
Sheet 1. '
THIS ACREEMENT, Made this / t:7 ~aY of 7~ , 19 ~~~tween
Legh K Powell, Jr., and Henry W. Anderson, as Receivers of SEABOARD AIR LINE RAILWAY COMPANY, herein-
after designated "Receivers", of the first part; and
01*7 or Clearwater, a JIIUl1011'1ll
oo.rp.aUoa 11M.. Uae law of ftorl4a,
hereinafter designated "Licensee", of the second part; (The term "Licensee" and all terms' used herein with reference
thereto shall be construed as embracing such number and gp.nder as the character of the party or parties requires).
WITNESSETH:
1. For and in consideration of OD. Dollarl[( $1.00 ), receipt
of which is hereby acknowledged, and in further considera tion of the faithful performance by Licensee of his under-
takings herein contained, Receivers hereby grant Licensee, subject to the terms and conditions hereinafter set out, the
right to lay, and thereafter maintain and operate or use, under and beneath the tracks and property of Receivers, at
the following location, the following described line of pipe, to-wit:
A 11M ot 10 1M1a __ Iaa .-. pl... ...out.. U4_ tJl. Uuk
aDd PN"~ fit,,, '......... la01euwaMr. fte",.. . po1a\ U,
te.'. ao.re or le88, northwardl7 tram Mile Post 815 J hid crossing
beiDa at the later...'108 of Ch..t_t Sw..t .1ta tile aeoelTers' track,
8JId -iDe _owa 1D. i.D' OR 00)17 or Reo.lftn' >>1...181011 Kq1nMr'. _p
dated. Ootober 29. 19402, .''-0.4 ..nte .a a put hehOt.
2. The line of pipe shall be of quality satisfactory to the Chief Engineer of Receivers, shall be located in re-
spect to the tracks and property of Receivers in accordance with the requirements of said Chief Engineer and at a
depth below the surface of the tracks and property of Receivers of not less than three feet; substantially as indicated
on the drawing hereto attached.
Q5 - COI-O:? (3), j
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Form 1363 Revised 7.It -40
Sheet 2
3. The line of pipe shall be installed, maintained, repaired and renewed at the expense of Licensee, and under the supervision
and direction, and subject to the approval and acceptance, of the Chief Engineer of Receivers.
4. The passage of engines or trains win not be hindered or delayed by the installation, operatioD, use, maintenance or removal
of said line of pipe.
5. Licensee will make all repairs to the tracks and other property of Receivers necessitated by the installation, operation, use,
maintenance or removal of.-iclline of pipeJ....>~,tQ;1Je~racle ,subject to the approval, inspection and acceptance of the Chief
Engineer of Receivers and, in the event the Receivers shall at any time hereafter during the life of this agreement make any change in
their roadbed, or the structures thereon, or construct any additional tracks or structures upon their right of way and shall find it necessary
to disturb said line of pipe in so doing, then and in such event, the Licensee will, at his own cost and expense, upon notice in writing
so to do served upon him by the Receivers, change the location of said line of pipe so that the same shall not interfere with the
work of the Receivers. Receivers may, at their option, make any such repairs or changes in location of said line of pipe, and Licensee
will, upon bills rendered, promptly reimburse Receivers therefor,
6, Should Licensee discontinue the operation of said line of pipe and abandon the use thereof, then, if Receivers so deSire, said
line of pipe shall be removed by Licensee, at the eJq)enae of the latter, from the property of Receivers, or Receivers may, at their
option, remove the same, at the expense of Lice~ Ii Cue' of IUch removal, or removal in any other manner, the tracks and property
o{Receivers are to be left in as good condition as when previously found and as shall be approved by the Chief Engineer of Receivers.
7. Receivers may terminate this contract at any time by giving Licensee ~ notice, in
writing, of their intention so to do, and upon termination of this agreement Licensee, if:e~uired b; Rtcivers so to do, will, at his own
expense, remove said line of pipe and all appliances or appurtenances thereunto belonging, from the property of Receivers, or Receivers,
at their option, or upon the refusal of Licensee so to do, may remove the same, at the expense of Licensee.
8. Licensee hereby assumes all risk of loss, injury or damage of or to the person and the property of Licensee and all other persons
and property, growing in any manner out of the installation, presence, operation, maintenance or removal of said line of pipe, or any
of the appurtenances or appliances, or any part thereof, And Licensee will further, at all times, indemnify and save harmless Receivers
fromall108ll.damagc, coa.tanc:l__expe~ ,Which Re~ver.~ay sustai~resulting from 1088, iJl.jury or damale ~used as aforesaid.
: " ),.. ,-, ." n,: ;:;:;:11: .," "0'1',::, - " >":,"-:, "'~" -_1"
9. Receivers do not by or under this contract warrant title to any property whatever.
10. This agreement, unless sooner terminated under the provisions hereof, shall cease and determine upon termination of the
receivership proceedings wherein the Receivers, parties hereto, were appointed Receivers or upon the sooner cessation of operation or
control by the Receivers of the line of railroad on or along which the property covered by this agreement is located; provided, however,
that if prior to or upon such termination of said receivel'l1hip proceedings or such cessation of operation or control by Receivers, Seaboard
Air Line Railway Company or any other railroad corporation shall succeed to the rights and assume by appropriate written instrument
the obligations of the Receivers under this agreement, the provisions of this agreement .hall thereupon continue in effect and binding
as between Seaboard Air Line Railway Company or such other railroad corporation, as the case may be, so succeeding to the rights
and assuming the obligations of the Receivers hereunder, and Licensee, party hereto.
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Form 1363 Revised 9-1-"
Sheet 3.
IN TESTIMONY WHEREOF, the parties hereto have caused this ,agreement to be duly signed and sealed, the day
and year first above written.
Witnesses:
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By....,.,..._______
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Chief Engineer.
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__.(SEAL)
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