96-05'"\ �
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A RESOLUTION OF THE CITY OF CLEARWATER.
FLORII7A, REGARDING UTILITY JOINT PROJECT
AGREEMENT BETWEEN THE CITY OF CLEARWATER
AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE EXECUTION OF
AGREEMENTS FOR INSTALLATION AND ACCEPTANCE
OF NEW CITY FACILITIES; AND AUTHORIZING THE
PLACING OF FUNDS WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE
COMPLETION OF THE UTILITY INSTALLATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation is constructing,
reconstructing or otherwise changing a portion of the State Highway System, from
Rowan Road to Mitchell Blvd., which shall call for the installation of new City gas
facilities over and/or under said highway; and
WHEREAS, the City requires installation of gas mains within the construction
iiinits of this project; and
WHEREAS, the City has heretofore authorized that plans and specifications be
prepared fox the installation of said new City facilities over and/or under said. lughway;
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WHEREAS; the plans and specificatioiis have been prepared and approved by the
City Gas System; such plans and specifications to be made a part of the Department's
highway construction contract; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLE.ARWATER, FLORIDA:
�, ion 1 That fhe City of Clearwater enter into a Joint Project Ageement ,
with the State of Florida Deparkment of Transportation for installation by the Department
of said new City faciiities designated as Utility Job 3515/6517, Section 570, State Road
54, and that the Gity assume all costs incurred in the respective utility installations, which
costs are esiimated ta be $107,9�239.
�ection 2 That the Mayor and City Manager be authorized to enter into such
agreements with the State of Florida Department of Transportation for the installation and
acceptance of said new Gity facilities.
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�ection 3 �hat the estimated costs of such utility installations as set forth
above be paid in ad ance to the State of Florida Department of Transportation in
accordance with sucli utility installation agreement.
PASSED AND ADOPTED this 4th day of .Tannar�.
1996.
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Rita Garvey, Mayor-Commi� ner
Attest:
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Cy t iia E. Goudeau, City Clerk
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PtPEi.INE CROSSING AGREEMENT
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CSXT Form 2037-G - Page 1
Revised April 1993 �!
Agreement No. CSX-023858
TFiIS AGREEMENT, Made as of March 22, 1995, by and between CSX
TRANSPORTATION, IPIC., a Virginia corporation, whose mailing address•is 500 Water
Stseet, Jacksonville, Florida 32202, hereina£ter called "Licensor" and CITY OF
CI.EARWATER, a municipal corporation, goliticai subdivision or state agency, under
the laws of the State of Florida, whose mailing address is 400 N. Myrtle Avenue,
Cleart-�rater, FL 34615, hereinafter called "Licensee", WITNESSETH:
WfiEREAS, Licensee desires to construct and maintain a certain pipelina or
duct work, solely for tha transmission of natural gas, hereinafter �called
"Pi�eline" under or across the track(s) and prope�ty owned or controlled by
Licensor at or near Tampa, County of Hillsborough, State of Florida, at a point
1,�72 feet westwardly measured along the center line o£ Licensor's main track(s)
£rom Licensor's Milepost SY-863, hereinafter called the "Crossine"; as shown on
print of Licensee's Drawing 1, dated January 26, 1995, attached hereto and made
a part hereo�'; other details and data pertaining to said Pipeline being as
indicated on Licensee's Application Form, dazed January 26, 1995, also attached
hereto and made a part hereoft
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms
aad ag�'eements hezein contained, the parCies hereto agree and covenant as
£ollows:
1. Ll��iVSE:
1.1. Licensor, insofar as it has the 1ega1 right, power and authority to
do so, and its present Citle permits, and subject to: •
(A) Licensor's pr.esent and futuge right to occupy, possess and use
its psoperty within the area of the Cross3.ng for any and all purposes;
(B) A21 encurubrances, conditions, covenants, easements, and
13mitations applicabls 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 Iicense and permit Licensee to construct, maintain, zepair, renew,
agerate, use, alter or change said Pipeline at the Crossiag above solely for the
us� sta�ed above, for the term herein stated, and to rewova same upon
terminatioa.
1.2 Tha term i el ne, as used harein, shall include only the pipes,
du�ts, casing, venxs, manha7.es, connectors, fixtures, appliances and ancillary
iacilities devoCed exclusively to the transmission usage above within the
Crossing, and as shown on attachad Application Form.
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CSRT Form 203'� �- Page
Revised April 1993 @
Agreement No. CSX-023858
1.3 No additional Pipeline or Wireline or other facilities shall be
placed, allowed or maineained by Licensee in, upon or along the Crossing except
upon separata prior written consent of Licensor.
2. LICENSE FEE; TERM:
2.1 In lieu of annual payments and in consideration of Licensor's waiver
of future fee increases, Licensee"shall pay Licensor a one-time nonrefundable
License Fee of ONE THOUSAND THREE HUNDRED FIVE AND 00/100 .U.S. DOLIARS
($1,305.OQ) upon execution o£ this Agreement.
2.2 However, Licensee assumes sole responsibility for, and shall pay
directly (or reimburse Licensor), any additional annual taxas and/or periodic
assessments levied against Licensor or Licensor's property solely on account of
said Pipeline or Crossing.
2.3 Effective Date of this AgreemenC shall be the date first written
above. License shall be revocable only in the event of Licensee's default, as
herein provided, but shall also terminate upon (a) Licensee's cessation of use
of the Pipeline or Crossing for r.he purpose(s) above, (b) removal of the
Pipel.ine, and/or (c) subsequent mutual consent.
2.4 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not be charged or assessed, directly
oz a.ndirectly, with any part of th� cost of the installation of said Pipeline and
appurtenances, and/or maintenance thereof, or for any public works project of
which said Pipeline is a part.
3. GE3tdS'PRUCTION, fAAINTEt�d1(dGE P�(Vm REPAIRS:
3.1 Licensee shall constzuct, maintain, relocate, repaiz, renew, alter,
:and/ox remove said Pipeline, in a prudent, worl�anlike manner, using quality
matexials and complying with: any applicable standard(s) or regulation(s) of
Licensox (A.R.E.A. SpecificaCions) and Licensee's particular industry, and/or any
goveanmeneal or regulatory body having jurisdiction over the Crossing or
Pi,peline .
3.2 Location and constxuction of Pipeline shall be made strictly in
accordance wiCh design(s) and specifications furnished to and approved by
�.icensor, asid of material(s) and size(s) appropriate for the purpose(s) above
2ecited.
j3.3 All Licensee'$ work and exercise of 'rights hereunder shall be
� • undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize
uny imp�ct on or interference with the safe use and operation of Licensor's
track(s).
3.4 In the installation, maintenance, repair and/or removal of said
Pipeli�se, Licensee shall noC usa explosives of any typa or perform or cause any
blasting without tha separaCe express wriCten cons�nt of Licensor. As a
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CS$T Form 2037-G - Page 3
Revisad April 1943 �
Agreament No. C5R-023858
condition to such consent, a representative wi1Z be assigned by Licensor to
monitor blasting, and Licensee shall reimburse Licensor for the entire cost
and/or expanse of furnishing said monitor.
3.5 Any repairs or maintenance to Pipeline, whather resuleing from acts
of Licensee, or aatural 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/os employees from damage or injury, may request
immediate repair or renewal of tha PipeZine, 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 og said Crossing, nor any approval
given or supervisioa 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 Licensee hereby agrees to reimburse Licensor any loss, cost or
expens� (including losses resulting £ram train delays and/or inability to meet
train schedul�sj arising from any failure of Licensee to make or from improper
or incomplete repairs or maintenance of Pipeline.
4. PIER�111TS, U��AlSES:
4.1 Before aay work hereunder is performed, or before use of the Crossing
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain
�all necessary permit{s) (includ3ng but not limited to zoning, building,
cortstxuction, health, safety or environmental matters), letter(s) or
certificate(s) af approval. Licensee expressly agrees and warxants that it shall
con£orm and limit.its activities to the terms of such permit(s), approval(s) and
tauthoriaation(s), aad sha11 comply with all applicable ordinances, rules,
regulations, requireaents and 7.aws of any governmental authority (state, federal
or local) having jurisdietion over T.icensee's activities, including the Iocation,
contact, excavation and protection =egulations of the Occupatianal SafeLy and
H�alth Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" -"Call
Bei'orQ You Dig" requirements.
� 4.2 Licensee assumes sole responsibility £or failure to obtain such
permit(s) or approvai(s)� for any violations thereof, or for costs or expenses
of comp].iance or remedy. �
5. MARKING AND SUPPORT:
5.1 With respect to any substtrface installation upon Licensor's property,
I.icensss�, at iCS aole cost and expense, shall:
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CSRT Form 2037-� - Page 4
Revised April 1993 @
Agseement tio. CSR-023858
(A) Support track(s) and roadbed of Licensor, ia a manner
satis�actory to Licensor;
(B) Backfill with satisfactory material and thoroughly tamp all
trenches to prevent settling of surface of land and roadbed of Licensor; and
�'2;��' (C) Either remov� any surpius earth or material from Licensor's
propesCy or cause said surplus earth or material to be placed and distributed at
location(s) and in such manner as Li.censor may approve.
5.2 After construction of Pipeline, Licensee shall:
(A) Restore said track(s), roadbed and other disturbed property of
Licensor; and
(B) Erect, maintaia and periodically verify the accuracy of
aboveground markers, in a torm approved hy Licensor, indicating the location,
depth and ownership of Pipeline or reZated facilities.
5.3 Licensee shall remain responsible for any settlement of the track(s)
or roadbed far a period of one (1) year subsequent to cr�mpletion o£ installation.
6m �CK CiiAldGES:
fi.1 In the event that Licensor's rail operations and/or track mainCenance
result in changes in grade or al3gnment o£, additions to, or relocation of
Lie�nsar's track(s) or other facilities, or in the event future use by Licensor
of ri;ht-of-way and pzoperty necessitate any change of location, height or depth
o� Pipeline or Crossin�, Licensee, at its sole cost and expense and within thirty
(30) days after natice in writing from Iicengor, shall make changes in Pipeline
or Crossing to accommodate Licensor's Crack(s) ar operations.
6.2 if Licensee fails to do so, I.icensor may make or contract to make
such chaages at Licerasee's cost, .
7. PIPE CF�,AP1S'a� st
i.l T.icensee shall periodically monitdr and verify the depth or height
o�' 2�ipeline and Crossing in relation to Licensor's tracks and facilities, and
sha11 relocaCe Yip�line or changa Crossing, at Licensee's expense, should such
relocation or change be necessaxy to comply with the minimum clearance
requ3.rements of thfs Agreement or of any public authority.
7.2 Tf Licensee undertakes to revfse, renew� relocate or change all or
any part of Pipeline (including any change in circumfarenca, diameter or radius
o£ pipe or carrier pipe� change in operating pressure, or change in materials
transmi�tad 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
beEazo any such change is mada. After approval the terms and condiCions of this
A�reement shall apply thezeto.
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8. IN'i�R�'EftENCfE WITW 63AI� FAClLITIES:
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CSRT Form 203, ,; - Page
Revised April 1993 @
Agreeinent No. CS%-023858
8.1 Although the Pipeline/Crossing harein permitted may not presently
interEere with Licensor's railroad operations or facilities, in the ovent that
the operation, existence or maintenaace of said Pipeline, in the sole judgment
of Licensox, causes: (a) interference (physical, magnetic or otherwise) with
Licensor's. communication, signal or other wires, powerlines,, train control
system, or £acilities; or (bj incerference in any manner with tha operation,
mainteasnce or use by Licensor o£ its right-o�-way, track(s), structures, pole
line(s), devices, oeher property, or any appurtenances thereto; then and in.
either event, Licensee, upon receipt of written notice from Licensor of any such
interference, and a� Licensee's sole sisk, cost and expease, ghall promptly take
such remsdlial action or make sucla changes in its Pipeline or its insulation or
carriar pipe, as may ba requfred in the reasonable jud�ent of Licensor to
eliminats al1 such inter�erence. Upon Licensee's failuse to remedy or change,
L'iC3YE30L" may do so or contract to do so, at Licensee's sole cost.
&.2 Without assuming any duty hereunder to inspect Licensee's Pipeline,
Licensax hereby reserves the right to inspect same and•to require Licensee to
undertake necessary repairs, maintenance or adjustments to Pipeline, which
Licensee hereby agrees to make psomptly, at Licensee's sole cost and expense.
9. RISfC; LIAt31L!'Cl(, INDEMNiTY:
Wittz resp�eC to the relative risk and liabilities of the parties, it is
he�eby agreed that:
9.1 Licensee hereby assumes, and, to the fullest extent permitted by
SCat� law (Constitut3onul or SCatutoxy, as amended), shall defend, indemnify and
sa�va Licensoz I�armless from and against any and all liability, loss, claim, suit,
dxmage, ch�rge 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
(includin� afficers, agents, employees or invitees of Licensor), and for damage
�o or loss of or destruction of any property whatsoever, arising out of,
' resulting from, or in any way connected with the construction, presence,
existence, repair, maineenance, replacement, operations, use or removal of
Pipeline or any structure in connection therewich, or restoration o£ premises of
Y.icensor to good order or condieion after removal, EXCEPT when caused solely by
thn f�ult or negligence of Licensor.
9.2 Use o£ Licensor�s zight-of-way involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding Section 9.1,
Licensee expressly assumes a11 risk o£ loss and damage to Licensee's Property or
Pipeline in, on, over or under the Occupancy, including loss of or any
iater�erence with usa Chereof� regardless o£ cause, including electrical field
areation, ffre or derailment arising ouC of Licensor's rail operations. For this
Seetion, the term "Licensee's Property" shall include pipe contenCs as well as
proper�y of third parties situated oz placed upon Licensor's right-of-way by
Licensea or by s�tch Chird parties at request o£ oz for benefft of Licensee.
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C5%T Form 203i-� - Page 6
Revisad April 1593 4
Agreement Na. CSA-023858
9.3 Notwithstanding Section 9.1, Licensee also axpressly assumes all risk
of loss which may resuLt from Licensee's failure to maintain either the Pipeline
or the required depth and encasemenC for Pipeline.
9.4 To the extent permitted by State law, as above, Licensee assumes all
responsibility for, and agxees to defend, indemnify and hold Licensor harmless
from: (a) sll claims, costs and expenses, including reasonable attorneys' fees,
as a consequence of any sudden or nonsudden pollution of air, water, land and/or
gzound �rater on or off the Crossing area, arising from or in cannection with the
use o£ this Crossing or r�sulting fros leaking, bursting, spilling, or any escape
of the material transmitted in or Chrough sai� Pipeline; (b) zny claim or
liabtlity arising under federal or state law dealing with either such sudden or
nonsudden pollution of ais, water, land and/or ground water arising therefrom or
the remedy thexeof; and (c) any subsidence or failure of lateral or subjacent
support of L,icensor's traaks arising from such Pipeline leakage, etc.
9.5 Obligations o£ Licensee heraunder to defend, indemni£y and hold
Licensor harmless shall also extEnd to companies and other legal entities that
contro3. or are controlled by or subsidi�ries of or are affiliated with Licensor,
and their respective o£ficers, agents and employees.
9.6 I£ a claim is made or ac�ion is brought against either party, £or
which the other party may be responsible hersunder in whole or in part, such
o�her party shall be noCified and permitted to participate in the handling or
de£ensa of such claim or action.
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10.]. Prior to commencement of surveys, construction or occ.upation of
C�ossing pursuant to this Agreement, Licensee sha11 procure, and shall maintain
during the continusnce of this Agreement, at Licensee's sole cost and expense,
�s poli.cy of Gommercial General Lisisil; itv Insurance (CGL), naming Licensee as
insur�d and coverfng liability assvmed by Licensee under this Agreement. A
caverage limit of not less than �E MILx.ION D�LTARS ($3,000,000) Combined
5ingle Limit per occurrence for bodily. injury liabi.lity and property damage
liability is currently recommended'as a prudent limit to protect Licensee's
assumed obligations.
10.2 IE said CGL policy does not automatically cover Licensee's
car�tractual liability durs.ng periods of survey, construction, maintenance and
con�inuad occupatiom, a specific endorsement adding such coverage shali be
gurchased by Licensee. If said CGL policy is wz�itten on a"claims made" basis
in�tead of a"per occurrence" basis, Licensee shall arrange for adequate time for
teporting losses, Failura to do so shall be at Licensee's sole risk.
10.3 Notwithstanding tha provisions of Sections 10.1 and 10.2, Licensee,
puzsuant to State Statute(s), may sel£-insura or self-assume, in any amount(s),
any aontracted liabilfty axising under this Agreement, under a funded program of
s�lf=insurance, which fund will. respond tio liability of Licensee imposed by and
�.n aecordance with the procedures establfshed by law.
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CS%T Form 203i-G - Page 7
Revised April 1993 @
Agreement No. CSR-023858
10.4 Securir►g such insurance shall not limit Licensee's liability under
tk►is Agreement, but shall be addttional sacurity therefor.
10,5 In the evant that Licensee or its agents or contractor(s) shall
perfozm construction or demolition operations within fifty feet (50') of any
operated railroad erack(s) or affecting any railroad bridge, trastle, tunnel,
track(s), roadbed, averpass or underpass, Licensee shall (a) notify Licensor and
(b) pay �o Licensor tha sum of TWO HUNDRED TWENTY FIVE AND 00/100 U.S.DOLIARS
($225.00), to cover th� cost of adding this Occupancy (Crossing) to Licensor's
RAilrnAd Protective Liability fRPL) Policv for any period of actual construction
or de�olitfon.
11. GR/►DE CROSS(PlGS: FL,/�GGING:
11.1 Nothing herein contained shall be construed to permit Licensee, or
any con�sactor of Licensee, to move any vehicles or equipment' over track(s) o£
Lieensor, except at public road cxossing(s), without separate prior written
approval of Licensor (CSXT For.a 7422).
21.2 If Licensor deems it advisable, during the progress of any
ooaxstruction, maintenance, repair, renewal, alteration, change or removal of said
Pipeline, to place watchmen, flagmen, inspectors or supervisors at the Crossing
�o� protection of operations oi Licensor or others on Licensoz's right-of-way,
and tn keep persons, equipment and materiaLs away from Licensor's track(s),
%.xaensor s4ta11 have the right to do so at the expense o£ Licensee, but I,icensor
s�aall n�t be liable fog failure to do so.
f, 11..3 Subject to Liceasor's consent and to Licensor's Railroad Operating
� Rules and existing labor agreements, Licensee may provide such flagmen, watchmen,
' inspectors ot supervisars, during all times of construction, repair, maintenance,
replacement or remaval, at Lice:isee's sole risk and expense; and in such event,
Licensor shall noe �e liable for the faiZure or neglect of such watchmen,
fla�een, insgectors or supervisors.
�2. s.'����o��s cosrs:
12.I Any additional or altemative costs or expenses incurred by Licensor
to accommodate Licensee's continued use of Licensor's property as a result of
Txack Changes or Pipe Changes sha11 also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" work) and materials for
anq work performed at the expense of Licensee pursuant hereto shall be paid by
Licensea within thirty (30) days after receipt of Licensor's bi11 therefor,
subject to Licensee's budgetary ru1es.
12.3 Such expense shall include, but not be limited to, cost of railroad
labor and supervision under "force account° rules, plus current applicable
ov�rhead percentagas, the actuai cost of matarials, and insurance, freight aad
handling charges on all materials used. Equipment rantals shall be in accordance
with Licensor's applicabla ftxed rate(s).
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Revised April 1493 @
Agreement No. CSR-023858
12.4 A11 undisputed bills or portions of bills not paid within said thirty
(30) days shall therea£ter acczue interast at twelve percenc (12X) per annum,
unless limieed by local law, and then at the highes� rate so permitted, Unl�ss
Licensee shall have furnished detailed objections to such bills within said
thirty (30) days, bills shall be presumed undisputed. •
13. DEFAULT, BRFJ�CFI, WA11/ER:
13.1 The pzoper and cemplete performance of each covenant of this
Agreement shall be deemed o£ the essence thereof, and in the event Licensee fails
or reiuses to fully and completely perform any of said covenants or to remedy any
breach, within thirty (30) days after receiving a written notice from Licensor
ta do so (or.wiehin forty-eight (43) hours in the event of notice of a railroad
emsrgency)� Lfcensor shall have the op�ion of immediately revoking this Agreement
anc$ the pri�tileges and powers hereby conferred, regardless of Iicense fee(s)
having been paid in advanoe foY any annual or other period. Upon such
revocation, Licensee s�all make removal in accor�ance with �rticle 14.
'13.2 No waivet by Licensor of any
not be cnns�rued as a permanent waiver
subsequent breach thereof, unless such
waived in writing by Licensor.
'84. i�RPA[NATION, REAAOVAL:
breach of covenant or condition shall
of such covenant or condition, or any
covenanC or condition �is permanently
14.1 All rights which Licensee may have hereunder shall cease upoa the
date of; (a) revacation, (b) termination, (c) subsequent. agreement, or
(d) Licesssee's removal of Pipelina fram the Crossing. However, neither
revocation nor termination oE this Agreement shall afiect sny claims and
2iabilities which may have arisen or accrued hereunder, and which at the time of
termination or revoaation have not been satisfied; neither party, however,
waiving any third party defenses or actions.
I4.2 Within thirty (30) days after revocation or termination, Licensee,
a� its sole risk and expense, shall (a).remove Pipeline £rom'the right-of-way of
Licensor, unless the par�ies hereto agree otherwise, (b) restore property of
T.ic�nsor in a manner satisfactory to Licensar, and (c) reimburse Licensar any
].oss, cost or expense oi Licensor resulting from such removal.
95. �fOTICE:
15.1 Licensee shall give Licensor's Division Engineer (5656 Adamo Drive,
Tampa, FL 33619-3240) at least five (5) days' written notice before doing any
work on Licensoz's right-of-way, except that in cases a£ emergency shorter notice
may ba given to said Divfsion Engineer.
15.2 All other notices and communications concerning this Agreemene shall
bQ addressed to icen e at the address above, and Co Licensor at the address
abov�, c/o CSXT Contract Administration, J180; or at such other address as either
party may designate in wriCing to tha other.
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CSRT Form 203i-G - Paga 9
Revised April 1993 �
Agreement No. CSR-023858
15.3 Unless otherwise expressly stated herein, a� such notices shall be
in writing and sent via Certified or Registered Mail, Return Receipt Requested,
or by courier, and shall be effeceive upon {a} actual recaipt, or (b) data of
xefusal of such delivery.
16. ASSIGNMENi:
7.6.1 The rights herein conferred are the privilege of Licensee only, and
Licensea shall obtain Licensor's prior written consent to any assigntaent of
Licen�ee's interest herein; said consent shall not be unreasonably withheld.
16.2 Subject to Sections 2.2 and 16.1, this Agreement sha7.1 ba binding
upon and inure to the benefit of the parties hereto and their respective
successors or assigns.
16.3 Licensee shall give Licensor notice of any legal succession (by
` merger, consolidation, reorganization, eta.) or other change of legal existence
or status of Licensee, wit�x a copy of documents attesting to such change or legal
succession, within thirty (30) days thereof.
16.4 Licensee expressly reserves the right to assign this Agreement, in
whole or in part, to any grantee or vendee of Licensee's underlying property
interests in the Crossing, upon notice thereof to Licensor.
16.5 In the event of�any unauthorized sale, transfer, assi�ximent,
�i sublfee�se or encumbrance o£ this F,greement, or arr}r o£ the zights and privileges
I kaereunder, iicensor, aC its option, may revoke this Agreement by written notice
, �n Licensee or an}r such assignee; and Licensee shaZl rei.mburse Licensnr any loss �
�; cost ar expense incurred by Lfcensor as a result of Licensee's failure ta obtain
j sai.a consene. '
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9T. Tli'L.�:
17.1 Licensee shall not at any time own or claim any right, title or
inCese�t irc or Co Licensor°s property occupied by Licensee's Pipeline, nor shall
r.he exereisa of �his Agreement for any length of time give rise to any right,
ti�le os interest in Licensee to said property other than the license herein
crsated.
'i8, G�tdERA�., PROVISIONS:
18.1 'Chis Agreement, and the attached specifications, contains the entire
understanding between �he pa=ties hereto. .
18.2 Neither �hfa Agreemsnt, any provision hereof, nor any agreement or
p�ovision inoluded h�rein by reference, shall operate or be construed as being
for tha benefit oE any third person.
18.3 Neither the form of this Agreement, nor any language herein, shall
bo inCexpret�d or aonsCrued in favor of or against either party hereto as Che
saln draftar thereof.
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CSRT Form 2037-G - Page i0
Revised April 1993 4
Agreement No. CSX�023858
18.4 This Agreement is executed under current interpretation of applicable
federal, state, courtity. �unicipal or other local statute, ordinance or law(s).
Ytowever, each separate division (paragraph, clause, item, term, condition,
coveaant or agreement) hereof shall have indepandent and severable status for tha
determination of legality, so that if any separate division is determined to be
void ox unenforceable for any reason, such determination shall have no effect
upon the validity or enforceabilit}► of each other separate d£vision, or any
combination thereof.
18.5 This Agreement shall be construed and governed by the laws of the
state in which the Pipeline and Crossing is located.
13. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[] Open-cut or tssnneling construction limits
(XJ Telecommunicatian Cable or Fiber Optic line
IN tdITNESS WHEREOF, the parties hereto have executed this Agreement in
duplica�e (each of which sha1Z conatitute an original) the date first above ,
c�itt��a.
�3taae�s for Licensor: CS% TRANSPOEtTATTON, INC.
By:
Print/Type Name•
Print/Type Title•
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�iitaess �or Licensee: CITY OF `�u%�iRWi�.T�Ft
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See page 11 for City signatures
8y:
Print/Type Name•
Print/Type Title:
Autha�ity wnder Ordinanca or �
Resolu�ion No. �
dated
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Countersigned:
RiCa Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
John Carassas
Assis[ant City Attorney
,--.,
Page 11
Agreement No. CSX-023858
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CITY OF CLEARWATER, FLORIDA
Elizabeth M. Deptula
City Manager
Attest:
Cynthia E, Goudeau
City Clerk
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\ ��- � / 400 NORTH MYRTLE A�cNUE
PROJECT LOCATION �� ��,� II` aEARWATER, FL 34815
CSXT RAILR�AD CROSSING T ���
FOR °'CHARLIE TOONA'S" �' � �
RESTA�IRANT 6 p� �
8' EPDXY OXr \
UNDER ROAD C3/e\
PR�POSED 2" P.
PJ%TIJ�AL GAS
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, `; TRl�NS?ORYa1iON �-�'�. lO-�)'
rLPPLIC4TION FOR P7PELINE CROSSL�IG UND�t�OVER PROPE.RTgS �,(D 'I'R,�G�C
(For RR Use) Division � F, r�,u. Subdivition GL�ARwaTcrs Val Sc:. (Mao)
PLzns for proposed ia�tallauoa shall be submittr.d to aad•mcet the aoproval oi che Raiiroad Compaay befnre coasrrursioa is �
tiiaeesia! and iastallaaoa are to be in saia accardaa�ce �h spedne,aaons of che rlmerica Rauway Eagiaeering Assocacie
requircm�ars of CSX Traasoortacioa, Iac Origiaat and four (4) capies oi rhis form saall be submiaed, accomnaaied by fl:
lecter siu priact of a drawiag showixig pian, etevariaa ser.eoa oE crossiag �om field susvey, Iocadon � resoeu to mileaasc, •
of Raiisoad's right-of-way aad location of adjacr,at sn ucstues affecdag eossiag, and all iafosmaaoa required ia F�ures 1.
of ARE4 Specificaaons, Part 5- Pipelines. If opea cuc[ing or tunaeling is aecassary, deta7s of she��g and mechod of sunec
tracks or driving cunaei shall bo saown.
L Compiece lega! name oE anplicaac ���.���-�_-�'��+�. '--�cCity of Clearwater
Telephoae: 8( 13 ) 462- b
2 Address: 40�Y�i yrtle ve. Cicy: earwater Stace: FI. Tp• 3463..5 -
3. IE iacorporated, name oc stace ia woici iucoroorated: F ori _l�fuaicp�earwa ter
4. Locicion 1872 fe�t West (direcaoa) from nearesc Rauroad �flegosts
S. Yesresc Seadon.•�a�npa Couary: EI�.11sborough Starc k'Iori •
6. V�chia limics of ououc higc.way? Y� Yo . If 'qes", saow nc� road r:�u-of-way oa priac
DDT/.4.�,R Crossing �fo. U/Q .
?. 'I°emposary aac� supnorc or ri�ranping required? Yes tio � - t7esciae V/A �
8. Wires, poles, oostn:cdons to be reloc: ted? Yes � Yo � - Deseioe i/
9. Producc to be wnve�ed n�ar�„-al �c Fzmmabie? Ya � ;(o Te�oera�ure �c�
10. Lfax. Wor'xing P.-esssre ti� " PSL �e�d T:sc P:r,ssure , �� �SL Ty_ e Tesc � Sn
lI. L,ocadoa of sauc-oai valves + � �' ynrth R, c,,, �,6 nf,Sclt�r � fra '
22 PII'� SPECLF�'C�.TIONS: C�RIER PLPE: CaSi�%G_ °IPE:
t�/r2CC,"7.3�. 7�r chocl �n chool '
MatexialSoeaaca�.cas & Grade qpT ST _ r:raria RL2 ePr 5T � r.ra�P R/�42
�L'msmuu Y°ield SGr��,rh oi �Saterial PSI 5[�L.7 . �504
ii3"zII i'�st Pressure PS% 3�f1n - :�30
7avide Diameees ' 9 �6710 1_ 1 �4"
w�zz�i� � n.is��� o.�ss��
Outsde Diameter 7 _'�7S" �. 50
Typc oc Se3m Fl or . rpci at �oPl ci • Fl ar , a' a_ w 1.
Laying I�.a�s 56' �6'
I�ud oiJaints � aQ � welcle�i
Toeal Lea�t6s Wi�hia RaiIroad Riu�t-o%�Iay 100' 100'
Veaac� Numbcr _� Size �" HeiQ}'u above �ouad 4'
Sca1s: Boch e:ids ,� One :.ad
�ury: B25C aI rdli CO COp OL C34nY S iG=c 5 ia�
Buzy: (Noc b�acarla �ac.�s) 5 ieac 6 iac
8ttay: (Roadway dicc�es) N/A f�t v/A iac
CATHODTC PROTECITON: Yes No X
pROTECTIVE COATII�G: Yes X No K�ad eoaxv on steel
Type, su aad spacmg of iasulaters or suopotrs Plastic 4" X 2" (� everv 8` centered
]3. Mechad of inscalladon directional bare
A4. If anplicadoa�is rcvizioa to exisaag aossinv,,� gi.ve dace of a�ceemeac N/A
If appticadoa is approved, aupli�at agre� to reimburse CSXT far aay cost incvrzed by thc Ra�road iacideat to iascallac
ffiasrsteaaae-, a.ad%r suisesvisioa necessitaced by thit pipeliae installadon aaci fiuther agrees to asstsme ail liab�liry far acddc
or injurics whicii arise as a res�ilt, of this iastalladoa. Should opeII au inscalladon be required, anpiisaat a+�71, be respoasioIe
a!1 casts iacturcd by CSXr to rcmove aad re�sta�], ra�l and inadeatal nar� rauriacng. Con�act prc.�aratiou fee ia the amc
oE SZOO.CJO it attachcd.. •
�lanuarv' 26. 1995
D�Ce ' S" dc 'tOfarxSigning.�.pplicatioa
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COMMU1dIC�4TiONS CABI.E OR FIBER OPTIC LINE PROTECTlON RIDER
1. 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 nocica to the following Parallel Cable Occupier(s);
("MCI") Mr. Greg Solomon • .,.
R & U Planning "' •-�
MCI Telecammunications Corporation
400 �International Parkway
• Richardson, TX 75081
Dept. 1187/041
Phone No. (800) 624-9675
(NOTE: WRITTEN CONSENT OF MCI IS ALSO REQIIIRED)
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
constsuction.
3. Prior to any construction, Licensee must locate and identify, any
axisting cable, wire or fiber optic line (including any appurtenances thereto)
of said cable accupier(s) traversing or located in, on, or immediately adjacent
to �he proposed Crossi.xag, at Licensee's sole risk.
4, Any changes, alteration, relocation or proteceion of wire(s),
aabla{s) or facilities of such Dccupier(s), required by said Occupzer(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
Chereto, resulting in any way from Licensee's,exercise of rights or privileges
under this Agreemerit. , • • �
6. Licensee shall defend, indemnify and hold Licensor harmless from any
�uch damage claims and any relocation or protection costs of said Occupier(s).
0
Licensor:
(Initial) (Date)
Licensee:
(Initial) (DaCe)
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;'c; ' �; f: i T Y O F C]L E A R. W A� E R
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�=���j�rE�•t��b���� CLEARWATE�R, F�'O�R1�3�4�6 �-4748
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Te6�pPar�: (813) 462-6754
Fst:simAa: (813) 452�757
December 13, 1995
TO: CSX Transportation, Inc.
Jacksonville, FL
. Please accept this letter as certification that the City of
Clearwater is self-insured for workers' compensation, liability,
and property damage with excess coverage as shown below. The
City has been qualified by the State of Florida as a self-insured
municipal government. Our State Self-Insured Audit Number is
9173-
The City's insurance coverage and limits are as follows:
1. Auto LiabilitY„ General Liability Police Pro£essional
Liability� and Public Officials Liabilitv:
$1Q0,000 per person, $200,000 per occurrence, self-
insured retention, with statutory limits per Chapter
768.28, Florida Statutes. $5,000,000 Excess with self-
insured retentzon of $500,000 with Ranger Insurance
Company, effective 10/Q1/95 for the policy period
10/O1/95 through 09/30/96.
2, Workers' Compensation:
$500,Op0 per occurrence self-insured retention;
statuto�y per o�^currence excess with Ranger Insurance
company, effective 10/O1/95 for the policy pe.riod
10/O1/95 through 09/30/96.
3. Building Content�s and Propertv:
$70,000,000 1.ess $250,000 self-ina d retention per
occu�rence.
Sin er ly,
L� W. Sch �d , ��q.
I�i�lc M�nage
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