AGREEMENT FOR PIPE LINE FOR NATURAL OR LP GAS (3)
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RECEIVED
J &B-42435
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Form 3~ 19 1963
Rev. Jan. 1962-Sheet 1
CITY CLERK
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4.
AGREEMENT FOR PIPE LINE FOR NATURAL OR L. P. GAS
THIS AGREEMENT, Made this 23rd day of J arwary ,1963 _, by and
between the ATLANTIC COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and CITY
OF CLEARWATER, a municipal cerporat1on under 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 Licensee, and of the covenants and agreements hereinafter made and contained on the part of Licensee
to be bpt and performed, hereby grants unto Licensee the right or license to install and maintain for the purpose of
conduct1n9 natural gas not te .J~eed a maximum operating pressure Of 50 PSI, a
11neof 3i-lnch steel pipe af;1"8SS the J'ight of way and under the Trilby-St. Petersburg
.ain track Of L~~'" ~n;~_li~,~".Q....t&1:.;'1_1ci&.at. a,pRnt3164 f..t
southwardly, measured along the center Une of said ..ain track hem Mile Post
RE-881J as shown 1n red on the print attached hereto and made a part hereof, said
right of way being 30 feet wlde on each side of sa1d center l1ne.
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee will yield and pay unto Licensor the annual rent or sum of One and 00/100-----------
Dolla:oe <$1.00 ) payable at the beginning of each and every year or fractional part thereof during the
continuance of this agreement.
2. Licensee shall install and maintain said pipe at Licensee's expense in a manner satisfac.tory to the Division
Engineer of Licensor and so as not to interfere with pipe or other structures now 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 failure
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 conform to any changes or improvements that may be made by Licensor
in its tracks or roadway at said location, or to permit the utilization of Licensor's right of way, or other lands, for
the construction of tracks, buildings or other structures.
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 caused, and whether resulting from negligence of said Licensor, its agents
or otherwise.
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J &B-42435
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Form 3537-A
Rev. Jan. 1962-Sheet 2
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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
pedod 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. The porUon of said pipe line ...r said track aAd roadbed tiler"f shall
be encased by and at the ...... of the Licensee in a 6-5/8 inch steel cond\ll t
.nd placed at a a1n1.. deptll of 66 iacM. bel_ the ba.. of rail of said
track, or not 1... than ai iache. MlOll the bottoa of Llceasor.s roadbed
oi tehes - whichever depth _y be the la.r - .asur....'. belng to the top of
sald conduit.
Hotel Article 8 .a. added b4trew pdor to the execution hereof.
It ls uaderatood and agrH<t that thi. agnemeat shall not. be blading until it
haa be_ ratified by a propet' re.o1uUR .f the City c-1.s1on of the elty of
Cleuwat.er, Florida, a cert1f18d copy of which r...luUoa is attacbedhEtreto and
made a part hereof.
IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first
above written.
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ATLANTIC COAST LINE RAILROAD COMPANY (Seal)
By,.~J....~-4'".,-,-'7
General Manager
Witnesses for Licensor:
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RESOLUTION
1
No. 63 - 16
WHEREAS, the City of Clearwa.ter hal/found it nec...ary to
in.tall and maintain, for the purpoee of conducting natural gal, a Une
of 3-1/l inch .teel pipe acroee the right of way and under the Trilby-
St. Petereburg main track of the Atlantic Coa.t Line Railroad Company
in Franklin Street, Clearwater, I'lorida, at a poini 316. f.et 50uth-
ward1y, measured along the center line of Ia.id main tr \ from Mile
Polt 0-881; and
WHEREAS, the llailroad has prepared an agreement to that
effect for formal execution by its corporate officer', ae well .a the
proper mW1idpa1 offict'rs of the City of Clearwater; and
WHEREAS, the Railroad has requested a Reeolution be adopted
by la14 City) formally approvina said agreement and authorizing the
proper City officials to execute same;
NOW, THEREFORi:, BE IT RESOLVED BY 'IHE
CITY COMMlSSION OF THE CITY OF CLEAR-
WATER, FLORlDA, IN SESSION DULY AND
REGULARLY ASSEMBLED, AS FOLLOWS:
That tbe Mayor, together with the other appropriate municipal
officers of. the City of Clearwater, are hereby authorized and empowered
to execute a certain agreement with the Atlantic Coast Line Railroad
Company, bearing date of January ~3, 1963, in connection with the
installing and maintaining. for the purpose of conducting natural ga.s.
a line of 3-1/ t. inch steel pipe across the right of way and under the
T rUby-St. Petersburg ma.in track of said Railroad in Franklin Street,
Clearwater, Florida, at a point 3164 feet southwardly, measured along
the center line ot .ai4...lnaintrack from Mile Post ilE-88 1.
PASSJ::D AND ADOPTED this 18th
u__ day of Februa.ry) 1963.
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I II' R. G .' Whitehead,. duly appointed City Clerk of the City of
o~..rwat.r, Florida,. oertify the foregoing to be a true and correct
OOPS of ae.olution 10. 63-16 adopted by the City Commission
on tbl 18U1 day of Februarv , A.D.. 19 63 ·
W1tne88 my hand and the seal of the Ctty of Clearwater, this
19th ",day of February " A.D. 19 63 ·
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J &B-41229
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Form 3530
Rev. Jan. 1962-Sheet 3
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Extracts from minutes
Florida
of meeting of the City eo.adsaion.rs of the City of Clearwater,
held on the day of , 19 63 .
RESOLUTION
Be it resolved by the City COIIIldss1on of the City
of Clearwater, Florida in regular ..eUng assembled that the Mayor-CoIardss1oner
of said City be, and he hereby is, authorized to enter into an agreement with tire ATLANTIC
COAST LINE RAILROAD COMPANY, and to sign same on behalf of said Ci ty
, whereby the sal.da.l~ c.pany grants ua-u sa14 City the right
or license to maintain for the purpose of c-.ductlng natural gas net to exceed a
maximum operating pressure of 50 PSI, a line of ,3-t-inch steel pipe ac:ross the right
of way and under the TrUby-St. Petersburg aiD track of the R.ailread CGalpany lh
Fra_Un Street, Clearwater, Florida, at a point 3164 feet southwardly, measured
along the center line of said main track lroa Mile Pest RS-88l, as more particularly
describe4 1n said agr..ment, .hi, ch agreement is dated January 23, 1963, a copy
of whichlagreement is flIed with this City Coaa1ss1oD.
I certify the above to be a true and correct copy.
Clerk
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