AGREEMENT FOR PIPE LINE FOR NATURAL OR LP GAS (5)
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Form 3537-A
Rev. Jan. 1962-Sheet 1
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AGREEMENT FOR PIPE LINE FOR NATURAL OR L. P. GAS
THIS AGREEMENT, Made this 12th day of October ,19 65, by and
between the ATLANTIC COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and The
eI1Y OF CLEARWATER, a municipal corporation under the laws of the ,-,tate 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 kept and performed, hereby grants unto Licensee the right or license to install and maintain for the purpose of
conducting natural gas, a storm sewer and a sanitary sewer, three lines 01 pipe
across the right of way and unde.neath the main track of Licensor at ClearNater,
Florida, said lines of pipe being wi thin the limits of the Myrtle Avenue crossing
distant 2~02 feet northeastwardly i1leasured 2long the center line (if:~ic0ilS,_::C' s
main track :from Mile Post RE-88l, said lines of pipe being described as follows:
(1) For conducting natural gas not to exceed a maximum operating pressure or 10 PSI,
i1 line of 4.50 inch O. D. steel pipe; as shown in red on the print attached hereto
and 'nade a part hereof.
'2) For a storm sewer, a line of 30 inch reinforced concrete pip'?, inc ll1cPr)(] two
fnanholes in said line of pipe, said manholes being at minimlYn c "Lparan(es 'r 15-
feet fro,n said center line; as shown in blue on said print;
3) :~(Jr a sanitary sewer, a line of 3 inch steel pipe; as shown in green-'fl said
print; LicensIJr's right of way being as indicated on said print.
~;aid lines of pipe and manholes hereinafter referred to as ;: pipe" .
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee will yield and pay unto Licensor the annual rent or sum of One _ _ _ _ _ _ _ _ _ _ _
Doll~r'Y ($ 1.00 . ) payable at the beginning of each and every year or fractional part thereof during the
contmuance 01 tlns agreement.
2. Licensee shall install and maintain said pipe at Licensee's expense in a manner satisfactory to the Division
Engineer of Licensor and so as not to interfere 'With pipe or other s{rucfure~+now"m place:"lntYie"event-s:iId-":!>ipe
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-42485
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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.
r. a). The portion of said natural gas pipe line underneath said track ano roadbed
thereof shall be encased by and at the expense of Licensee in an~ .625 inch J. D. stee 1 pipe
conduit, sealerl and vented at each end and placed at a minimum depth of 66 inches below the
base of rail cf said track - measurements being to the top of. said conduit.
(b). 'The portions of said storm sewer and sanitary sewer pipes underrwatb said
track and roadbed thereof shall be placed by and at the expense of Licensee at iJiniTlun depths
of 96 inches below the base of rail of said track - measurements being to the top of said
pipes.
(c). TI1G portions of said lines of pipe along said right of way shall be placed
at a mi1imum depth of 30 inches below the natural surface of the ground - measurenen.ts being
to the top of said pipes.
9. Licensee shall place and at all ti,nes ':laintain said manholes with their tops flush
wj.th the surface of the ground and covered at all times so that said ,~anhGles and their tops
shall not constitute a hazard to the safety of Licensor's employees or others and shall not
create or cause an unsafe place for Licensor's employees to work.
NOTE: The following changes were made in this agreement prior to the execution th8J:e-::f:
Articles (3 and 9: Added.
It is understood and agreed that this agreement shall not be bindin.g until it has been
ratified by a proper ordinance or resolution of the City Commission 0':: the City or Clearwater,
Florida, a copy of which ordin~nce o!",re'lPl1.~ti.Qn...i$.,attacne.d..,b.e~to riQd,l-qi~.~t....w.f_,~.~tI
me nt. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first
above written.
Witnesses for Licensor:
ATLANTIC COAST LINE RAILROAD COMPANY
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BY:'b':'t~ H'asti'ng's;'V1"ce"P're'sid""
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Witnesses for Lice~ee: CI1Y ()J=:
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RESOLUTION
No. 65.. 139
WHEREAS, the City of Clea~water has found it necessary to install and
maintain for the purpose of conducting natural gas. a storm sewer and a sanitary
sewer. three lines of pipe across the right of way and underneath the main
tracks of the Atlantic Coast Line Railroad Company, at Clearwater, Florida,
::>aid lines of pipe being within the limits of Myrtle Avenue crossing. distant
2..02.9 feet northeastwardly measured along the center line of the main tra ck
from Mile Post RE-881i and
WHEREAS, the Railroad has prepared an agreement to that effect
for formal execution by its corporate officers, as well as the proper municipal
officers of the City of Clearwater; and
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WP..EREAS, the Railroad has requested a Resolution be a.dopted by
said City. formally approving said agreement and authorizing the proper
City officials to execute same;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
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That the 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 October 12., 1965,in connection with the ir::.tallation and maintenance
of three linea of pipe across the right of way and underneath the main tracks
of the Atlantic Coast Line Railroad Company at Clearwater, Florida, s~id
lines of pipe being within the limits of the Myrtle Avenue crossing distant
2.,02.9 feet northeastwardly measured a,long the c:ente:r of the main track from
Mile Post RE-~ -:: 1.
15th day of November, 1965.
P ...o\SSED AND ADOPTED this
Attest:
/s/ Joe Turner
Mayor-Commissioner
/s/ R. G. Whitehead
City Clerk
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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 Resolution No.
65-139
adopted by the City Commission
on the 15th
day of
November
, A.D. 19 65
Witness my hand and the seal of the City of Clearwater, this
16th
day of
November
,"A.D. 19 65
L
City Clerk
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J &B-43325
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Form 3580
Rev. Jan. 1962-Sheet 8
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Extracts from minutes
Florida,
of meeting of the City Commission of the City of Clearvater,
held on the day of , 19
RESOLUTION
Be it resolved by the Ci ty Commission of the City
of Clearwater, Florida in regular meeting assembled that the Aayor of
said City 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 City
,whereby said Railroad Company grants unto said City the right
or license to install and maintain for the purpose of conducting mrt:uI'81 1J8S) a storm sewer
and a 5,1:':. ::,1'/ Si2..;:T, 3 1 ines of pipe across the right of way and underneath tte '.. .i.Ji track
of said itaHroad Company within tie limits of the \-Iyrtle Avenue crossing at Clearwater,
Florida; dS more particularly described in said agreement, which agreement is dated October
12th, 1065, a copy of which agreement is filed with this City Commission.
I certify the above to be a true and correct copy.
Clerk
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