AGREEMENT FOR PIPE LINE FOR NATURAL OR LP GAS (2)
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Form 3537-A
Rev. Jan. 1962-Sheet 1
AGREEMENT FOR PIPE LINE FOR NATURAL OR L. P. GAS
THIS AGREEMENT, Made this 29th day of March ,19 62, by and
~.1.w~e.n t~ATLANTIC COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, andCITf OF
CJ;..UDATER, a llUDicipa1 OOl"JlONUon UDder the laws of the State of Florida
hereinafter referred to (severally, if more than one) as Licensee,
WITNESSETH: That Licensor, for and in consideration of the rents or sums of money hereinafter agreed to
be paid by Licens,ee, and of the covenants. and agreements hereinafter made and contained on the part of Licensee
to be kept and performed, hereby grants unto Licensee the right or license to i..)l~aintain for the purpose of
conducting natural gas DOt to ReNd a maxiDRal operating pressure of 5 PSI, a
line of 2-iuch steal pipe on the extr.e westerl7 portion of Lloe1UlOr'a right of
way at Clearwater, Florida. ..let pipe line bee1-1D& at . pobt OD the wen.rn
boundary line of aid r1&ht ot ., whiob rJPt ot -71s 30 teet w1de on each .ide
of the center line or Licensor's ..in track, said point belnrr distant 2,250 feet
DGrtbward17, measured along aid oat.. llDe from UU. Poet D-880, ~i.. UlImc.
eutlrardl7 appruiutel,. one toot to . pela~>29 teet w.ward17, .....\Ired ~
~or at ~ight angles from th.o_. t... I1M\ot LS.ofJD80r'..in tnek, th.... _~
coDe_trie aDd/or paNlle1 with 88id eeaWr line 280 teet to aD erlat1Dg 2-1noh
gas 11ne; Together witJ1 the riaht aDd pl'"iYilege to JlJ81Dtain a rove near the ~rtherD
end of said pipe 11DejaJl aa ahawa 1J:a red on the prlntattached hereto and made a
I ; part berElOf'; all here1Dafter tor ceuYea1emce referred to as "Pipe".
And Licensee hereby covenants and agrees in consideration thereof:
1. LirnfJO will yield and pay unto Licensor the annual rent or sum of One end 00/100 - . , _
Dollars ($ · ) payable at the beginning of each and every year or fractional part thereof during the
continuance of this agreement.
2. Licensee shall~~~lfH1J maintain said pipe at Licensee's' expense in a manner satisfactory to the Division
Engineer of LicenSQr and so as not to interfere with pipe or other strll~~ll~e~".flOw in place. In the event said pipe
shall require repair or renewal, Licensee shall make such repair or renewal at Licensee's expense; and upon the finnre'
of Licensee so to. do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the fail-
ure of Licensee to make repair or renewal after such notice, Licensor may make all necessary repair or renewal at
the cost of Licensee, which cost Licensee hereby agrees to pay on demand.
3. Licensee shall install and maintain, above ground and in a manner and at such locations as may be desig-
nated by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership
of said pipe. Licensee will, at Licensee's, expense, at any time, upon thirty days' written notice given by Licensor,
change and alter the location of said pipe to coI1:form to any changes or improvements that may be made by Licensor
in its tracks or roadway at said location, or to permit the utilization of Licensor's right of way, or other lands, for
the construction of tracks, buildings or other structures.
4. Licensor shall not be responsible in any manner for loss of or damage to said pipe and the contents thereof
from any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold harmless
Licensor, its successors and assigns, from and against all loss, cost, expense, including attorneys' fees, claims, suits
and judgments whatsoever in connection with injury to or death of any person or persons or loss of or damage to
property caused by or in any way connected with the installation, maintenance, use or presence of said pipe and ap-
purtenances on said premises, howsoever caus'ed, and whether resulting from negligence of said Licensor, its agents
or otherwise.
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Form 3537-A
Rev. Jan. 1962-Sheet 2
5. Licensee will not use said pipe for any other purpose than that specified herein, and will not assign this
agreement or suffer or permit any other person or corporation to use said pipe without the consent in writing of
Licensor.
6; It is further understood and agreed that if at any time Licensee fails to comply with each and every cov-
enant contained herein and/or fails to use said line of pipe for the purpose herein set out during any consecutive
period of six months after said line of pipe has been installed, then and in either event Licensee will, within thirty
days after receipt from Licensor of written notice so to do, remove said pipe from the premises of Licensor and re-
store said premises to a condition satisfactory to the said Division Engineer, or other proper officer of Licensor,
and that in the event of failure of Licensee so to do, Licensor may remove said pipe and restore said premises at
the cost and expense of Licensee, which cost and expense Licensee hereby agrees to pay Licensor on demand.
7. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost and expense which
may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling
or by other means while said pipe is being installed thereunder, or during any repair or renewal of said pipe.
8. !hat said pipe 1iae -111 be Minta1ned at a miniaula depth of 18 inches below
the natural nrtaoe of the groimd, _.sureaeDt being it the top of said pipe.
Jote. The words, aiutall aDd- in the WitDf!l8seth clau.8 aDd Article 2 were
stricken out and articl. S was add*' hereto, all prior to the execution hereof.
..
It ia understood and agreed' ;tbat this agr..ent shall DOt be billding WltU
it has b.en~le4 b.r . properreeoluUon of the eit)" Commie.1on or the eit,. of
Clearwater,~()l"ida, a cert1tiedcoP7 of which rMOlution is attaehed hereto and
made a part hereof'.
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IN WITNESS WHEREOF the parties hereto have executed this agreemeJl..in. duplica.t&the day and year first
above written.
Witnesses for Licensor:
ATLANTIC COAST LINE RAILROAD COMPANY (Seal)
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y........... ...................~...................................................... "7
~neral .~anager.
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Witnesses for Licensee:
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I, R. G. WHITEHEAD, duly appointed City Clerk of the City of
Clearwater, Florida, certify the foregoing to be a true and correct copy
of a Resolution adopted by the City Commi..ion OIl the
11th
day of
May
, 1962
Witne.. my hand and the seal of the City, this
11th
day
of
May
, 1962
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RESOLuTION
No. 62.. 59
WHElE\S, the City of CleaZ'.water has found it nece..ary for the
Atlantic Coas: Line Railroad Company to grant unto it the right or license
iC maintain for the purpose of conducting natural gas not to exceed Ii
rn~ximum operating;Jreasure of 5 PSI, a line of 2-bch .teel pipe on the
extreme westerly portion of the RailroalJ Company's right of way at
Clearwater, Florida; said pipe line beginning at a point on the western
boundary line of 3aid right of way. which right of way is 30 lee!: wide on
cae!.. side of the center line of the RailroaJ Company'. main track; said
point ueing di'tant i., 250 feet northwardly. measureQ along said center
line fl'om Mile POlt RE-830j l'i.lnning thencf':: eastwardly approximately
one foot to a,~oint 29 feet westwardly. measured radially or ac right angle.
from the c enter line of the Railroad Company's n..ain track; thence north-
wardly concentric and! or parallel with said center line ';30 feet to an
exitting 2,..inch gas line, together with the right and privilege [0 maintain
a valve llear the northern end of said pipe line; and
WHEREAS, the Railroa.d ha. prepared an agreement to that effect
for lormal execution by its corporate afficeri, a. well as the proper
cf'ilUicipal officers of the City of Clearwater; and
WHEREASp Ihe Railroaa haa reqlleated a Resolution be adopted
by said. City. formally apprOVing said agreement and autnorizing the proper
City oificiali to execute same;
NOW, THER.EFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF. CLEARWATER, IN
.5ESSION DULY AND REGULARLY ASSEMBLED. AS
FOLLOW S:
T:ul.t i he Mayor. tog ether with the other appropriate municipal
officers of the City of Clearwater. are her''lby authorizec and empowered
to e~ecute a certain agreement with the Atlantic Coa.t Line Railroad Company,
bearing dUe of March 29, 1 '162, in connection with the right or licenie to
m~ntain fol' the pur(Joie> of conductin~ natural Jas not L) exceed a. maximum
operatin~ pressure of 5 PSI, a line of l..inch steel ~ipe on the extreme
westerly l..Jortion of the Railroad Company's right of way at Clearwater ,Florida;
said pipu line beginn1n~ at a point on the we3tern boundar! line oj. said right of
way, which right of way is 30 feet wide on each side of the center line of the
Railroad Company' & :r.ain track; said point being distant l. ~SO feet northwardly,
mo.eured along said center 4ne from Mile Post RE-830; running thence east-
wardly a.pproximately one foot to a point 2'-, feet westwardly. meaSl.lrell radially
or at right angles from the center lina of the Railroad Company's main track;
thence llorthwal'd.ly concentric and/ or parallel with said center line 280 feet
to an e.xisLing 2-icch gas line; together with the riE-,ht and privileae ~o rnain-
tain a valve near the northern end of said pipe line; all more particularly
d e.e ribe<.ttnsai d .agreern ant.
PASSED AND ADOP'fED tn;..
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Form 3530
Rev. Jan. 1962-Sheet 8
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Extracts from minutes of' aeetiDg Or the Cit)' CoJlllissioners of the Cit,.. of Clearwater, Florida
held on the day of , 19 62 .
RESOLUTION
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Be it resolved by the C1t,.. ee.i881oners of the Cit,..
of Clearn tv, norida in regular meeting assembled that the .ayer-
Commissioner of' said Cit,..be, and he hereby is, authorized to enter into an agreement with the ATLANTIC
COAST LINE RAILROAD COMPANY, and to sign same on behalf of said Oi t,..
, whereby the said Railroad CoapaD7 p'UlU unto said ctv the right
or liceue to _iIltalB reI' the purpe.. or coDdttc'tiDg Datural gas not tc:t ...... .
ma:dm.Dll operating prl!!l8stJre of 5 PSI, a line of 2-inoh steel pipe on the extreme
wester1,.. portion of the bUroad eompany'8 right or .,.. at Clearwater, norida,
8aid pipe line beginnini at a point on the w..tern boUDda17 li_ of said right
of -1, which right of wa,.. is 30 feet wide OD Mch side of the oenter line of' the
Railroad eoapa111's _in track, 8aid poiJlt being distant 2,250 teet northwardl,...
measured along said center line tro. VUe loat D-880; running thence 88stwardl,..
approxaatel,.. one toot to a point 29 ..t.et westward11, mea8ured radiall,.. 'zo. at
right angles from the center lin. of' the BailrGad CoIllplDy'a main track; thence
northnrdly conoentric and/or parallel with 88id center line 280 reet to an
existing 2-irleh gas liDe, 'lbgetber with the right and privilege to maintain a
valve near the northern end of 8aid pipe liDe; as more particu1arl1 d..cribed
in agreeaent, which agre.ent is dated .rch 29, 1962 . copy of whieh agreement
i8 rUed with this City Commia.ion.
I certify the above to be a true and correct copy.
Clerk