FACILITY ENCROACHMENT AGREEMENT - CSX794930 AGREEMENT NO.CSX794930
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, made and effective as of 4LAmy-2 2015, by and
between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500
Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF
CLEARWATER, FLORIDA, a municipal corporation, political subdivision or state agency,
under the laws of the State of Florida,whose mailing address is 100 South Myrtle Avenue,
Clearwater, Florida 33756, hereinafter called "Licensee,"
WITNESSETH:
WHEREAS, Licensee desires to construct(unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," over, under or across property owned or controlled by Licensor, at the below
described location(s):
1. One (1) eight inch (8") diarneter pipeline crossing,solely for the conveyance of raw water
main, located at or near Cleat-water, Pinellas County, Florida, Jacksonville Division,Clearwater
Subdivision, Valuation Station 1070, Milepost SY-868.93, Latitude N27:58:28.87, Longitude
W82:43:03.23;
hereinafter,called the"Encroachment,"as shown on print(s) labeled Exhibit "A," attached hereto
and made a part hereof,
NOW,THEREFORE, in consideration of the mutual covenants,conditions, terms and
agreements herein contained,the parties hereto agree and covenant as follows:
I. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits,and subject to:
(A) Licensor's present and future right to occupy,possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, covenants,easements,and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter
or change the Facilities at the Encroachment above for the term herein stated, and to remove
same upon termination.
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AGREEMENT NO.CSC 794930
L2 The term Facilities, as used herein, shall include only those structures and
ancillary facilities devoted exclusively to the transmission usage above within the Encroachment,
and as shown on attached Facility Application Form and plan(s).
1.3 No additional structures or other facilities shall be placed, allowed,or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
1.4 The term "Contractor"shall mean Licensee's agent, contractor, developer,
and/or designees performing any of the work related to the Facilities as provided in this
Agreement. Prior to any work described in this Agreement is performed by Contractor, Licensee
shall require Contractor to execute and deliver to Licensor the Contractor Acceptance Form,
attached to and made part of this Agreement as Contractor Acceptance Form,to acknowledge
Contractor's agreement to observe and abide by terms and conditions of this Agreement.
2. ENCROACHMENT FEE; TERM:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
FOUR THOUSAND AND 00/100 U.S. DOLLARS ($4,000.00) upon execution of this
Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee
under this Agreement. In the event of a successor(by merger, consolidation, reorganization
and/or assignment) or if the original Licensee changes its name,then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Facilities or Encroachment.
2.3 This Agreement shall terminate as herein provided, but shall also terminate
upon: (a)Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above;
(b) removal of the Facilities; (c) subsequent mutual consent; and/or(d) failure of Licensee to
complete installation within five(5) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed,directly or indirectly, with any part
of the cost of the installation of said Facilities and appurtenances,and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION,MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew,alter, and/or remove
the Facilities, in a prudent,workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s)of Licensor(A.R.E.M.A. Specifications), or Licensee's
particular industry,National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
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AGREEMENT NO,CSX79493)0
3.2 Location and construction of Facilities shall be made strictly in accordance
with design(s) and specifications furnished to and approved by Licensor and of material(s)and
size(s) appropriate for the purpose(s)above recited.
3.3 All of Licensee's work,and exercise of rights hereunder, shall be undertaken at
time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
with the safe use and operation of Licensee's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
3.5 Any repairs or maintenance to the Facilities,whether resulting from acts of
Licensee,or natural or weather events, which are necessary to protect or facilitate Licensor's use
of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities,and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor,or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licenser's safety rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any actual loss,cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising
directly from any failure of Licensee to make repairs or conduct maintenance as required by
Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or
Encroachment.
4. PERMITS,LICENSES:
4,i Before any work hereunder is performed,or before use of the Encroachment
for the contracted purpose, Licensee,at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health,safety or
environmental matters), letter(s) or certificate(s)of approval. Licensee expressly agrees and
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AGREEMENT NO.CSX794930
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
requirements and laws of any governmental authority (State, Federal or Local) having
jurisdiction over Licensee's activities, including the location, contact,excavation and protection
regulations of the Occupational Safety and Health Act(OSHA) (29 CFR 1926.65 1(b)), et al., and
State "One Call" - '"Call Before You Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s)or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s)and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor;and
(C) either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance of the Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location,depth and ownership of any
underground Facilities or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation of track(s)or other facilities, or in the event
future use of Licensor's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty
(30)days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
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AGREEMENT NO.CSX794930
6,2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
7. FACILITY CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of the
Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
Facilities or change the Encroachment,at Licensee's expense, should such relocation or change
be necessary to comply with the minimum clearance requirements of Licensor.
7.2 If Licensee undertakes to revise, renew,relocate or change in any manner
whatsoever all or any part of the Facilities(including any change in voltage or gauge of wire or
any change in circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe),or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval,the terms and
conditions of this Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensee's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents)with Licensor's power lines, communication, signal or
other wires,train control system, or electrical or electronic apparatus; or(b) interference in any
manner,with the operation, maintenance or use of the rail corridor, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto;then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustments to the Facilities,which Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 To the limits as set forth by State law(constitutional or statutory, as amended),
Licensee hereby agrees to,defend, indemnify,and hold Licensor harmless from and against any
and all liability, loss, claim, suit,damage, charge or expense which Licensor may suffer, sustain,
incur or in any way be subjected to,on account of death of or injury to any person whomsoever
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AGREEMENT NO.CSX7949,30
(including officers,agents,employees or invitees of Licensor), and for damage to or loss of or
destruction of any property whatsoever, arising out of, resulting from, or in any way connected
with the construction, repair, maintenance, replacement, presence, existence, operations, use or
removal of the Facilities or any structure in connection therewith, or restoration of premises of
Licensor to good order or condition after removal, EXCEPT when proven to have been caused
solely by the willful misconduct or gross negligence of Licensor.
9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a
result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in,on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this Section,the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensor's rail corridor by Licensee or by Such third parties at request of or for benefit of
Licensee.
9.3 To the fullest extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a)all
claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden
or nonsudden pollution of air,water, land and/or ground water on or off the Encroachment area,
arising from or in connection with the use of this Encroachment or resulting from leaking,
bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b)any
claim or liability arising under federal or state law dealing with either such sudden or nonsudden
pollution of air, water, land and/or ground water arising therefrom or the remedy thereof-, and(c)
any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities
leakage.
9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss
which in any way may result from Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control,are controlled by,
subsidiaries of, or are affiliated with Licensor,as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 If a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
9.7 Notwithstanding anything contained in this Agreement,the limitation of
liability contained in the state statutes, as amended from time to time, shall not lirnit Licensor's
ability to collect under the insurance policies required to be maintained under this Agreement.
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AGREEMENT'NO.CSX794930
9,8 Notwithstanding anything contained herein to the contrary, Section 9 shall not
be construed as a waiver of any immunity to which Licensee is entitled or the extent of any
limitation of liability pursuant to Florida Statute 768.28. Furthermore, this section is not
intended to nor shall it be interpreted as limiting or in any way affecting any defense Licensee
may have under Florida Statute 768.28.
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall require its Contractor to procure and shall maintain
during the time of construction, at its sole cost and expense, a policy of
(i) Statutory Worker's Compensation and Employers Liability Insurance with
available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00),
which must contain a waiver of subrogation against CSXT and its Affiliates;
(ii) Commercial General Liability coverage (inclusive of contractual liability)with
available lit-nits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00),
naming Licensor, and/or its designee, as additional insured and in combined single limits for
bodily injury and property damage and covering the contractual liabilities assumed under this
Agreement. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days'
notice to Licensor, oats designee, prior to cancellation or modification of any policy. Mail CGL
certificate, along with agreement,to CSX Transportation, Inc., Speed Code J180, 500 Water
Street, Jacksonville, FL 32202, On each successive year, send certificate to
RenewalCOI@csx.com.
(iii) Business automobile liability insurance with available limits of not less than ONE
MILLION AND 00/100 U.S, DOLLARS ($1,000,000.00) combined single limit for bodily
injury and/or property damage per occurrence;
(iv) Such other insurance as Licensor may reasonably require.
10,.2 If Licensee's Contractor's existing CGI,policy(ies)do(es) not automatically
cover Licensee's contractual liability during periods of survey, installation, maintenance a
specific endorsement adding such coverage shall be purchased by Licensee's Contractor. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee's
Contractor shall arrange for adequate time for reporting losses. Failure to do so shall be at
Licensee's Contractor's sole risk.
103 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee and/or Licensee's Contractor to comply with this Agreement. Failure of
Licensee to comply with Licensor's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee or it Contractor's liability
under this Agreement, but shall be security therefor.
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AGREEMENT NO.CSX794930
10.5 (A) In the event Licensee finds it necessary to perform construction or
demolition operations within fifty feet(50') of any operated railroad track(s)or affecting any
railroad bridge, trestle, tunnel,track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor;and (b)require its contractor(s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured,
written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96)with limits of FIVE
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment(ISO CG 28 31
11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Licensor prior to commencement of such construction or demolition. Licensor
reserves the right to demand higher limits.
(B)At Licensee's option, in lieu of purchasing RPL insurance from an insurance
company(but not CGL insurance), Licensee may pay Licensor,at Licensee's current rate at time
of request,the cost of adding this Encroachment, or additional construction and/or demolition
activities, to Licensee's Railroad Protective Liability
.JRPL)Policy for the period of actual
construction. This coverage is offered at Licenser's discretion and may not be available under all
circumstances.
10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee only,
pursuant to State Statute(s), may self-insure, self-assume or provide general liability coverage, in
any amount(s),any contracted liability arising under this Agreement, under a funded insurance
program,which fund will respond to liability of Licensee imposed by and in accordance with the
procedures established by law.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s),except at public road crossing(s),
without separate prior written approval of Licensor(csx,r Form 7422).
11.2 If Licensor deems it advisable,during any construction, maintenance,repair,
renewal, alteration,change or removal of said Facilities,to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licenser's rail corridor at the
Encroachment, and to keep persons,equipment or materials away from the track(s), Licensor
shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
11.3 Subject to Licensee's consent and to Licenser's Railroad Operating Rules and
labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
times of construction,repair, maintenance, replacement or removal, at Licensee's sole risk and
expense; and in such event, Licensor shall not be liable for the failure or neglect of such
watchmen, flagmen, inspectors or supervisors.
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AGREEMENT NO.CSX794930
12. LICENSOR'S COSTS-
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensee's property as a result of track changes or wire
changes shall also be paid by Licensee.
12.2 Licensee's expense for wages ("force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
thirty (30)days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request
an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under"force account" rules, plus current applicable overhead percentages,the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensee's applicable fixed rate. Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight(48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been paid in advance for any annual or other period. Upon Such revocation, Licensee
shall make removal in accordance with Article 14.
112 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
14. TERMINATION,REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or(c) subsequent agreement, or(d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
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AGREEMENT NO.CSX794930
tirne of termination or revocation have not been satisfied; neither party, however, waiving any
third party defenses or actions.
14,2 Within thirty (30)days after revocation or termination, Licensee,at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise,(b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c)reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
15. NOTICE:
15.1 Licensee shall give Licensor at least thirty (30)days written notice before
doing aLiy work on Licenser's rail corridor, except that in cases of emergency shorter notice may
be given. Licensee shall provide proper notification as follows:
a. For non-emergencies, Licensee shall complete and submit Licenser's
Outside Party Number Request Form(Form# OP)by facsimile,to facsimile numbers: (904)
245-3692. Licensee may also scan and email a completed form to email address:
OP_Request@csx.com. A blank form, as well as additional instructions and information,can be
obtained from Licenser's web site, via web link:
http://www.csx.com/share/wwwcsx—i-nura/assets/File/CustomersiNon-
freight—Services/Property_Real_Estate/Outside—Party—Number—Request Form.pdf.
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above,and shall also include detailed information of the emergency. Licensee
shall also call and report details of the emergency to Licenser's Rail Operations Emergency
Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's Facility(ies), the emergency phone number for
Licensee is: 727-744-5254.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above,and to Licensor at the address shown on Page 1,c/o
CSXT Contract Management, J 180;�Lr at such other address as either party may designate in
writing to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested,or by courier,and shall be
considered delivered upon: (a) actual receipt, or(b)date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licensee's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
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AGREEMENTNO.CSX794930
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession(by
merger,consolidation, reorganization,etc.) or other change of legal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession,within thirty
(30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in
part,to any grantee, lessee:,or vendee of Licensor's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the event of any unauthorized sale,transfer,assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of
such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor
may incur as a result of Licensee's failure to obtain said consent,
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands,
rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty,guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all leases, licenses and easements or other
interests previously granted to others therein.
I7.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever Linder this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s)of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
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AGREEMENT NO.CSX794930
17.3 Licensee agrees it shall not have nor shall it make,and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title
to any portion thereof arising from Licensee's use or occupancy thereof,
17.4 Licensee agrees to fully and completely indemnify and defend all clairris or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachment(s), including claims for punitive or special damages.
17.5 Licensee shall not at any tirne own or claim any right,title or interest in or to
Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for
any length of time give rise to any right,title or interest in Licensee to said property other than
the license herein created.
17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby
expressly waives,any claim of ownership in and to any part of the Facilities.
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation of the Facilities in or on any portion of the
Encroachment(collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge:or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been filed or docketed against the
Encroachment or any other property of Licensor; however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of ally third
person.
18.3 Except as otherwise provided herein,or in any Rider attached hereto, neither
the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
Page 12 of 17 o
AGREEMENT NO.CSX794930
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph,clause, item,term, condition, covenant or agreement)herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the
due date, it will be subject to Licensor's standard late charge and will also accrue interest at
eighteen percent(18%) per annum, unless limited by local law, and then at the highest rate so
permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a)as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c)to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or(d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes
paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
19. RIDERS:
19.1 The following Rider(s) is/are herewith attached and included herein:
[X] Telecommunication Cable or Fiber Optic Line
[X] Contractor Acceptance: Form
Page 13 of 17 o
AGREEMENT NUJ,CSX794930
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original)as of the effective date of this Agreement.
Witness for Licensor: CSX TRANS RT C. r
a
.
w -s
Print/Type Name: David E, Elder
Director
Print/Type Title:
COUNTERSIGNED: CITY OF CLEARWATER,FLORIDA
tr AL Vo 5 F0
George N. Cretekos, Mayor illiam B. Horne 11, City Manager
APPROVED AS TO'F RM: ATTEST:
T�
Matthew M. Smith Rosemarie Call, City Clerk ,"`,ti
Assistant City Attorney
Moo
Page 14 of 17 e
AGREEMENT NO.CSX7D49O
CONTRACTOR ACCEPTANCE
This Rider is and shall be a pail of Agreernent CSX794930, and is incorporated therein.
To and for the benefit of CSX Transportation, Inc.,("Railroad")and to induce Railroad to permit
Contractor on or about the Railroad's property for the purposes of performing work in accordance with
the ogrecmootdated '30l5,between Utility and Railroad,(the"Agree meot`^),
Contractor hereby agrees to abide by and perform all applicable terms of the Agreement, including, but
not limited to Sections 3. A, 10,and lAof the Agreement, and the Contractor Insurance Requirements
listed below.
CONTRACTOR INSURANCE REQUIREMENTS:
Railroad requires that the 11ollowing insurance coverage be provided prior to any entry and/or work within
Railroad's property and maintained by tile Contractor until completion of the work. Railroad or its
designee, may at any time request evidence Of insurance purchased by Conti-actor to comply with the
Agreement. Securing such insurance shall not]ioo{t Conti-actor's liability under tile Agreement but shall
hco security therefor.
(i) Statutory Worker's Compensation and Employers Liability Insurance with
available fimltaof not less than ONE MILLION AND O0/\000.8. DOLLARS($l,O00^0O0.00)^ which
must contain a waiver mf subrogation against Railroad and its A8ii[atea:
(ii) Commercial General Liability coverage(inclusive ofcontractual liability)with available limits
of not less than FIVE MILLION AND 00/l8U U.S. DOLLARS($5,080,000.00), naming Railroad,and/or
its designee,as additional insured and in combined single limits for bodily injury andp,npertydamugm
and covering the contractual liabilities assurned under the Agreement, The evidence OF insurance
coverage shall be endorsed to provide for thirty (30) days' notice to Railroad,or its designee, prior to
cancellation or modification o[any policy. (f Contractor's existing CGLpo|icy(iea)do(ea)not
automatically cover Contractor's contractual liability during periods of survey, installation,maintenance
and continued occupation,a specific endorsement adding such coverage shall be purchased by Contractor.
}[said CGL policy is written on a"olaims made"basis instead of '`per occurrence" busis.Contractor
shall urruu8a for adequate time for reporting ioamcm. Failure to do so oho|| hcotContractor's uoic risk;
(iii) Business automobile liability insurance with available limits of not less than ONE MILLION
AND OO/]ODU.S. DOLLARS($1,O00^08U.U0) combined single|imnft for bodily injury aod/orp,upeny
damage per occurrence;
(iv) Such other insurance am Railroad may reasonably require.
LJd|{ty may require its Contractor perGbnniu&the work cover its requirement for Railroad Protective
Liability("RPL") Insurance coverage. ln the event Contractor will 6c responsible for procuring and
maintaining 8PL the following shall apply:
Page 15 of 17 o
AOREBMENTNQ.CSX79438
Contractor shall procure and maintain during the period oC construction nrdemolition
operations,at no cost to Railroad, Railroad Protective Liability(RPL)Insurance, narning Railroad,and/or
its designee, on Named lmxurod. written no the current {SODR|MA Porno(18D Form No.C8 00 35 81 96)
with limits uf FIVE MILLION AND 00/\OOU.B. DOLLARS($5.D0O`00D.OQ) per occurrence for bodily
injury and property darnage, with at least TEN M|LLIONAND O0/\UO0.3. DOLLARS
($10,000,000,00)aggregate I|m{tper annual policy period,with Pollution Exclusion Amendment(ISO
CG 28 31 |l 85) [f ao older ISO Form C8O035 {aused. The original of such |IPL policy shall bmsent to
and approved by Railroad prior touuromcncomemnf such construction nrdemolition. Railroad reserves
the right to demand higher limits,
At Railroad's option, in lieu of purchasing RPL insurance from an insurance company(but
not CGL insurance), Contractor may pay DLoiUrmod^at Railroad's current rate at time of request,the cost uy
adding this Encroachment,or additional construction and/or demolition activities,to Railroad's Railroad
Protective Liability(RPL) Policy forthe period of actual construction.This coverage im offered o1
Railroad's discretion and may not be available under all circumstances.
CONTRACTOB: ,—� ' --
By;
murne:
Tble:
Date:
Page l6ofl7 m
AGREEMENT NO.CSX794930
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
This Rider is and shall be a part of Agreement No. CSX794930, and is incorporated
therein.
I No construction of any type pursuant or related in any way to this Agreement
shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of
Licensee,without Licensee first giving at least thirty(30) days written notice to the following
Parallel Cable Occupier(s):
MCI ATTN: Investigations
Mr. Dean Boyers
Worldcom/MCI 'Felecommtinications Corporation
2400 North Glenville Drive
Richardson,TX 75082-4354
Phone No, (800) 624-9675
or(972) 729-6016
(NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general plan,
elevation, details and methods of Licensee's proposed construction,and the location of
Occupier(s)'cable or facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify,any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s)traversing
or located in,on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection of wire(s),cable(s) or facilities
of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating,etc.)said wire(s)or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s).
Page 17 of 17 o
CSX794930
PAGE 1
EXHIBIT A
MISSION HILLS
SUBDI VISION
8" 45' BEND DI /Rat✓
N: 1324239.5
E. 4246836
35X10X13
BORE P/T
CSX PROPERTY SERVICES REVIEM(
XDNo Exceptions Q Exceptions Noted
This review is for the general conformance with C5% igility
design specifications only Sole responsibility fog all
aspects of the overall design shall remain nob the facility
pocr. This review does not constitute approval to
eed without meeting all or at's safety 'and
contractual requirements.
By:
100 L.F. (WITHIN CSX R.O.W.) OF
8" CERTA –L OK PVC CARR /ER PIPE
(18" STEEL CASING) (d)
53.8 (e)
I
8" 45'
ee BENDS,
COMB /NATION / D/ /RM✓
A/R VALVE /
/ REMOVE & DISPOSE
OF EX /STING TREE
`�c-X-)E- *�tICXx�Fx -)Ex it•X -Xx-
8" 45' BEND, D / /RM✓
EX/ST 8" GATE VALVE
F�2
PARK TRAIL
LANE
EXIST 8" GATE VALVE
102 (g)
0.
J48.2(e)
8 w 90'. BEND DI/RM✓
N: 1324074.7
5 i) E.' 424664.8
IT
-----
1.
52.8' TO 472' TO
OF TRACK (c) OF TRACK (c)
100.0' (b)
OF TRACK
ce
ec
LEGEND
Letter
Description
let
Distance from crossing to nearest actual milepost (— feet
from MP). OR: Distance from crossing to centerline
of nearest public road intersection (include DOT Crossing
a)
Is)
Width of CSX R/W
(c)
Distance from centerline of track to FM
(d)
Total length of pipe on CSX R/W /.See ('SAT Pipeline
.Spec page 13. CI. il. (1)1
let
Distance from centerline of nearest track to face of pits or
poles at a 90 degree angle to the track(s)
Angle of crossing ISee C.SAT Pipeline Spec. page S. B),
Igl
IF CONTENTS UNDER PRESSURE Distance of
shut-off valves from centerline of nearest track (min.
2,000' from nearest track on each side of RAY) IS, (SAT
Ptpoline Spec. page 20. 11. ill
(h)
Width of Launching /Receiving Pit
Length of Launching'Reccining Pit
5')(5'A-8'
RECEIVING PIT
NJ. seN- /FGis
Al , ---- /
SS►ONN - \\ \ \'
///1111111 \ \ \\
NOTES:
REFER TO ENGINEERING SPECIFICATIONS IN 771E
APPLICATION PACKAGE FOR ADDITIONAL. INFORMATION
AND GUIDANCE.
MANHOLES.HANDHOI_ES /POLE&I'ULI HOXE.SIOTHERS ARE
NOT PERMITTED ON C'SX R/W
C SAT Pipeline Sp page 21 Al: (SAT Wirehne Wire/ Spvs page 6..41, and
(SAT IF'Iceline Spec. page "..4). itll
YOUR DRAWING MUST SIIOW ALL SETS OF TRACKS PRESENT
AT TILE PROPOSED UTILITY CROSSING LOCATION.
URS Corporation Southern
7650 West Courtney
Campbell Causeway
Tampa, FL 33607 -1462
C.A. No. 00000002
Pipeline CSX Crossing Profile & Cross Section
Mission Hills Raw Watermain
I„carnm, (it, of Clearwater
Iallude N,, ss,s,r'
Longitude. N' 1.2 45' 2 Or,'
Draw ing No Al nion I tills & Kopek Park
Figure
Sheet I of 2
Drawing Date 03. 10 -2015 I rat Resised. 0001 2015
Drawing Scale. I Inches - 20 Net
07/07/2015
CSX794930
EXHIBIT A
8" 45' BEND, D / /RMJ
COMB /NAT /ON
A/R VALVE
100.00)
52.8'
47.2'
35'x10 113 ",. /
BORE PIT
8" 45' BENDS,
D/ /RMJ
(0)
72'
(A)
1.5
(0)
5 x5 x8
RECEIVING PIT
8" CERTA —LOK PVC
CARRIER PIPE (')
53.8 (e)
CSX PROPERTY SLR�VI Fc_ REVIEVI( 1
XINo Exceptions ❑ Exceptions Noted
This review is for the general conformance with CS% utility
design specifications only. Sole responsibility for all
aspects of the overall design shall remain with the facility
owner. This review w does not constitute approval to
proceed without meeting all of ax's safety and
contractual requirements.
By:
102 (d)
18" STEEL
CASING PIPE (j)
48.2 (e)
PIPELINE PROFILE VIEW A —A
TRACKS
8" PVC
78" STEEL CARR /ER P /PE (i)
CASING PIPE (j)
CROSS SECTION VIEW B —B
8" 90' BEND, DI /RMJ
\v 1HANO LLT /7�
E ✓A�` /iii
EXISTING 36" PVC STORM PIPE' /
Nom/"
=0y
NOTES: ilQ ,y`�,,w�,'
IIE MECHANICAL ARRANGEMENTS OR 1)EV �E:STI�A' \k'ii,i, l
POSITIVELY PREVENT TIIE AUGER FROM LEADING TIIE PIPE
SO THAT NO UNSUPPORTED EXCAVATION IS AHEAD OE THE
PIPE
,w=
/FSS1010��
LEGEND
C SX'1 Pn line
SPY. Reference
PIPELINE CONTENT DETAILS
Letter
Description
Coinmodily Description
Rai Water
Distance from centerline of track to CSX R
Maximum Operating Pressur
100 psi
191
Distance from base -of -rail to lop -of- casing ' /.See ('S.TI Pipeline Spec. page 6. 0/
Is Commodity Flammable:
❑ Ycs • Ne
Distance from base -of -ditch to top- casing [See 'SST Pipeline .S.11. page 6, Of
CARRIER / CASING PIPE DETAILS
URS Corporation Southern
7650 West Courtney
Campbell pbell Cauu seeway
Tampa, FL 33607 -1462
C.A. No. 00000002
Id
Total length of pipe on CSX R W /See CST/ Pipeline spec. page 13. (l P. (11
Carrier Pipe
(.'asing Pipe
lel
Distance from centerline of nearest track to face of pits at a 90 degree angle to the trackls)
Distance from top-of, eril pipe to ground surface N' minimum required - /see ( s1 / Pipet,
.S)na. page Y! I'1/ -NIA
Distance from centerline of track to rent pipe at a 90 degree angle 10 the trackts) /.Sec 1 :SOT
Pipeline .S),ec pane 2(1. 1-11 - N/A
Theoretical I- lnhankuenl Line. Starts I 2' form cents line of track and extends mca) from Ire
at a slope of I. titer and dotty /.Sce(1VT Pipeline .ye, pny• 14 (1. il, (b. H. P. n61
C'amen pipe diameter
Pays I. et / 7. 1))
Puce 13 Cl; et 17. 01
Page 13. (T:.5 1'. D1
/'aye 14, n1: (rill
Pa5i 13 c1 dO /'. n1
Pao 13. ('1: et I', D)
['age l6. 11
Pipe lluleriul.
/'1Y
dlaterlal Specific weans et Grade
.311'11'A ('4(10 DR 18
TS/LA '153 Grade 36
Pipeline CSX Crossing Profile & Cross Section
Mission Hills Raw Watennain
SinniInd ,tT:n1 „n,mlit idsn,'ngd,-
-.000 psi
35.0007,0
cnmina( Si, onr ac Orameler (huh.)
1094-° rQmplarg D,aninferi
18 I1nn'.
Ifa1/ Tint (,e.a O. ln:o: 0. 50.3”
11.3 -f"
Tope nl Scam:
('oap /trig nr /i /site
Type 0/.I"ints.
Real man!
It added
limnel l .inner 1'lalee Requrcd:
( pipe diameter
(Fnhnebr Poe. don
PAGE 2 OP12
Depth of I uunchnng I(ce:cirmg Pit
13nrrnirc r'r"ariny-
Ten p Ti orI Supp,r r oi Rip -Rap Rry.
❑ Ycs . No lope.
❑
Yes In No Tap
❑ Yes . No 1yp •
n 'Icy •Ao Mus Describe At Shoat 011 Uwe
10c alum : ( tt of lean, ales
I atitude'. N s -. 59' 29 07"
Longitude /9 92 45' 2 OH.
Drawing Ne \lissien I Id Is & Kapok Park
Figure
2
Sheet 2 of 2
1)ratcing Date. 03 111'_1117 I ast Rec 'sect. On 01 21115
Drawing Scale S I Inches 10 feet
Drafting Seale H I ',Iles - 20 f y
07/07/2015
CSX794930
O_E=9_4qS0
EXHIBIT A
MISSION HILLS
SUBDIVISION
8" 45' BEND Dl /RM✓
N: 1324239.5
E' 424683.6
35X10X13
BORE PIT
CSX PROPERTY SERVICES REVIEW
EINO Exceptions Q Exceptions Noted
This review is for the general conformance with CS% utility
design specifications only Sole responsibility foi, all
aspects of the overall design shall remain with the faiilhy
owner. This review does not constitute approval to
proceed without meting all of C5X's safety .and
contractual requirements.
100 L.F. (WITHIN CSX R.O.W.) OF
8" CERTA —LOK PVC CARR /ER PIPE
(18" STEEL CASING) (d)
1
35N
53.8 (e)
Or'
J48.2re)
EXIST 8" GATE VALVE
102 (g)
8' 90' BEND Dll /RAI✓
N: 1324074.7
;5N E 424664.8
.......... --- I+_ - -± --- -- -- ----
It
I
I
�/ 8" 45'
i BENDS,
COMB /NATION / D%RM✓
AIR VALVE f
/ REMOVE & DISPOSE
OF EX /STING TREE
i
PAGE 1 OF 2
52.8' TO
OF TRACK (c)
47.2' TO '
OF TRACK (c)
100.0 (b)
aE �lf -i( X- lE lE - �if-%- X- x- iE • X —X_ X_
8" 45' BEND, Dl /RM✓
EXIST 8" GATE VALVE
114 (g)I
PARK TRAIL
LANE
OF TRACK
5'x5 x8
RECEIVING PIT
LEGEND
Letter
Description
Distance from crossing to nearest actual milepost (_ feet
from MP_). OR: Distance front crossing to centerline
of nearest public road intersection (include DOT Crossing
0)
(b)
Width of CSX R/W
(c)
Distance from centerline of track to RAE
Id)
Total length of pipe on CSX R/W /See ( -SAT Pipeline
Spec page l3. Cl, f). (/)1
(e)
Distance from centerline of nearest track to face of pits or
poles at a 90 degree angle to the track(s)
Is
Angle of crossing 1See ('SA7 Pipeline Spec. page 5. 11).
loll
(0)
IF CONTENTS UNDER PRFSSIIRE: Distance of
shut -off valves from centerline of nearest track (min.
2.000' from nearest track on each side of RAY) /See (SET
Pipeline Spec, page 20. 11 ill
Ihl
Width of Launching /Receiving Pit
Length of Launching'Receiving Pit
\\\\ q. HAND / //�
•
A_•
•
SPZEOF 4l -
SSIONP‘.
/Ilillll\ \ \"
NOTES:
REFER TO ENGINEERING SPECIFICATIONS IN THE
APPLICATION PACKAGE FOR ADDITIONAL INFORMATION
AND GUIDANCE.
MANHOLES!HANDIIOLES 'POLES /Ptil.I. BOXES /)).HERS ARE
NOT PERMITTED ON CSX RV.
C.SAT Pipeline Sper. page 21 K). C.SAT n'irefrne spec. page 6. AL and
C.SET if"ireline Spec puge'. AI. loll
YOUR DRAWING MUST SHOW AI.1. SETS OF TRACKS PRESENT
AT THE PROPOSED UTILITY CROSSING LOCATION.
URS Corporation Southern
7650 West Courtney
Campbell pbell Cauu see way
Tampa, FL 33607 -1462
C.A. No. 00000002
Pipeline CSX Crossing Profile & Cross Section
Mission Hills Raw Watennain
I °canon: City of (leans:ner
I atiludc. N „ 5x, lb ,,..
Longitndc Vi 02 45' 2 at,"
Orawing No. Pfission I fills & Kapok Park
Figure
Shoot I of 2
Drove mg note: 01 11.) 2015 I. as Revised. 06 01 21115
Drat, lop Scale. I Inches — '(I loot
07/07/2015
CSX794930
EXHIBIT A
8" 45' BEND, D//RM✓
COMB /NATION
A/R VALVE
35x10x13 �'
BORE PIT
8" 45' BENDS,
D / /RM✓
ce
100.0'0)
52.8'
47.2'
(a)
rn
U
(3
12 • I--.
12'
1C3I
1.5,.
4.6'
(h)
(0)
7.5
O
h
U
8" CERTA —L OK PVC
CARRIER PIPE (i)
53.8'N
18" STEEL
CAS/NC PIPE (j)
48.2'(a)
5X5 X8
RECEIVING PIT
CSX PROPERTY S REVIEW N‘
X❑No Exceptions Exceptions Noted
This review is for the general conformance with CSX utility
design specifications only. Sole responsibility for all
aspects of the overall design shall remain with the facility
owner. This review does Prof constitute approval to
proceed without meeting all of CS %'s safety and
contractual requirements.
B
102 (d)
PIPELINE PROFILE VIEW A —A
TRACKS
II
18" STEEL
CASING PIPE (j)
8" PVC
CARRIER P /PE O
CROSS SECTION VIEW B —B
8" 90' BEND, DI/RMJ
\\\z \\P�J NHAN14/07/ ///
EXISTING 36" PVC STORM PI N'�� +
w
-Or . gSF't�af/ �2"
NOTES: i, - \ \�
/ frFSTIIE FRONT OF TIIE CASING PIPE SHAL�/�II MECHANICAL ARRANGEMENTS OR DEVICES TIE,vl.l.
POSITIVELY PREVENT THE AUGER FROM LEADING TI IL PIPE
SOTIIAT NO UNSUPPORTED EXCAVATION IS AHEAD OF TIIE:
PIPE
LEGEND
ctNT Pippe�lne
Spec. Reference
PIPELINE CONTENT DETAILS
Letter
taI
phi
ht
I'll
Description
commudsl) Deseriptios,
Raw Water
!,stance front centerline of track to CSX R-W
Maximum Operating Pressure
100 psi
Distance front base -of -rail to top- of'casing lace (StT78pellve Spec. page 6 Cd
1 mmodity Flammable:
Yes
No
Distance front hale -of -d itch to top - casing 1 /See ('S'.1T Pipeline Spy, page 6. O/
CARRIER CASING PIPE DETAILS
URS Corporation Southern
7650 West Courtney
Campbell Causeway
Tampa, FL 33607 -1462
C.A. No. 00000002
el length of pipe on CSX R W/See ('SCT Pipeline Spec page 13. (1 U. (IV
Carrier Pipe
Cas ngPpe
Distance from centerline of nearest track to face of pits or a 90 degree angle to the tote
Is)
Distance front top -of -t col pipe to ground surface 14' 11111111110111 required . /See ( St7 Pip, tins
.tpe, page 20. F I / -NIA
Distance from centerline of track to vent pipe at a 911 degree angle to the traekls) /see 5 •SVS
Pipeline .Sim, page 20. drl/ - N/A
1 hcoretical Embankment I.il e Starts C' fro n-
coirllne of track and extends aaa) from track
at addle o1Io P
o,er and Ninon /Ste(H7 Pipeline Sp,e page N (7.,l. (T,. H irn)
Catr,CI pipe diameter
Page 1. & 17. DI
Paz, / t. C 7: at / f Or
Page 13 ('I. at /? D)
Page 14 m. 1,01
Pace 13, () : at 17 DI
,'age I3. (a h at
Page 16. r1
/j 1/prerpri
Steel
Datr,'ia1 (/
,faatl n. d Grad(
911'11 4 ('911{1 f)R I
IS TM 453 Grade 36
Pipeline CSX Crossing Profile & Cross Section
Mission Hills Raw Watennain
Sp. N, nlmmnl 1"!,-I,0 Strength.
ran p.,i
35.000 psi
Si,m,nal Si_e (hn,ide Orameter (In, he,
1(1.94'" rC i,apl„rg Diane
rffff"
Hall Thi,dtp,'., (ht,)n
050.3"
Tope of S, i,m
Ti pe nt loins.
('avpfing I, Siam,
It'efr/r S
Ii'11,,1
finme' Liner Plan, Regained
Yes • No Asps
Casing mite diameter
('nth.,dn /'r>,te,11011
El Yes . No Type:
PAGE 2 OP2
Depth OS launching Recto mg Pa
Peale,
El Yes ■ No 't)po
Temp T„n k .Support or Rip-Rap Rig
pi Yes • No '.lust Describe S Shots on Dug
Ioeahon: (In of(lear,tatcr
L atitudo N 3' 'A' _A "/,'"
ongdude- Sb 52 45' 3 06"
!racing No Mission llill. @ Kapok Park Sheet 2 of 3
!rasing Date: 0i 10 21115 1_as1 Re, iced: 11601 3111S
Dra,cnm Scale \' I Inches -.III feel
Dm, tog Scala' II I Inches 251 feet
Figure
2
07/07/2015