PIPE LINE CROSSING NEAR SECOND AVENUE
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PART ONE-Form '53"
(ReY. 7-67)
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AGREEMENT FOB MUNICIPAL PIPE LINE
THIS AGREEMENT, Made and entered into this____..a1?~_tday ofm___.u._.~-~mum-.---' 19__60__,
by and between the ATLANTIC COAST L'lNE RAILROAD COMPANY, a corporation under
the laws of the State of Virginia, hereinafter styled Licensor, and the_m~X__~_J~IIJ.__._u
ooo___u_____._____ooo____ooo__u___.___________.___._______ooo___,____.___..oooa municipal corporation under the laws of the State
ftarida .' _.~.;c,!,'
oL____...._.uu__..__.m_mm___ooo___._._m__m__' he~tei stYled Licensee,
WITNESSETH: That Licensor, for and in consid.eration of the sum of One Dollar to it in
hand paid by Licensee, the receipt of which is hereby acknowledged, and of the covenants and
,. agreementsh~req:udter made and co~tained on the part of Licensee to be kept and performed,
hereby grants unto Licensee the right or license tomstall and maintain, for the purpose of
0GIlCIws~1aI .te., . IS. of a...~ oaetiren.Jd.pe aare.. .. right tit n,. ud
-.a.r the track. of Lice__ at' QXeUR'Mr, J'J.OJ'1da, at a pcWs~ 1'1'15 teet
IlGl'Ulwudl7, ...1RD'M&1....: 14:le .._. 2JM. of UleJiala"We"'~ I:; maiD
t...., 1'roa Jd:Ut pIIIIt ,....." .. __ Sa ft4 OIl the bl. prS,at .'....4
he__ aad .... a paZ'$ he.,. ..u r!ab~ at R7 '-iAgae 1BdloaW.... aa1d
111. priai. .
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Real Estate A1f<mt lit Wilmingbll, N. C.
And. Licensee hereby covenants and agrees in consideration thereof:
(1) That the Licensee shall install and maintain said pipe at its expense in a manner satis-
factory to the Engineer Maintenance of Way of Licensor and so as not to interfere with pipe or
other structures now in place; and .in the event the said pipe shall require repair or renewal, the
Licensee shall make such r~pair or renewal at its expense; and upon the failure of the Licensee
so to do, the said Engineer of Licensor shall give written notice to the Licensee, and upon the
failure of the Licensee to make repair or renewal after such notice, the Licensor may make all
necessary repair or renewal at the cost of the Licensee. which cost the Licensee hereby agrees
to pay on demand.
(2) That the Licensee shall install and maintain, aboveground and in a manner and at such
locations as may be designated by said Engineer of Licensor, markers to plainly indicate the lo-
cation, depth at which installed and ownership of said pipe; and Licensee will, at its 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.
(3) That the Licensor shall not be responsible in any manner for loss of or damage to said
pipe and the contents thereof fromapy cause whatsoever; and Licensee shall and does hereby
assume, and agrees to inde:rnnify. auQ... ~.A~J.eJ~ ..the Licensor, its successors and assigns, from
~nd against a1110ss, cost, expense~cJ.~~ms,s\li1$ a~J!ldgments whatso~veri'n,connM'V'9Il;,~in"
Juryto,or"death ef any per~on 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 appurten-
ances on said premises, howsoever caUS4ac1
(4) That the Licensee will pay to the Licensor, on bills rendered by the Licensor, the full
amount of all cost and expense which may be incurred by the Licensor in protecting its track
or tracks and maintaining traffic thereover by driving piling or by other means while said pipe
is being placed thereunder, or during any rep~r or renewal of said pipe.
05-a6-lJd/0
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5.1 M 2.58 CPCO.
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PART TWO-Form 3~30
(B8Y. 'l.Ii'l)
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'~ (5) . peUca of ..u plpela. "'1' NJ.d tn. aad :rodbe4 tile1'8ot IIhall be
...-4 177 ... at tile .... at U""II 18 16-iaeh atee1 pipe oGDCbd.t Ul4
plaoe4 at a ~~t- depth of 48 ~. bel.. the ... of ran of 8&14 taekII--aa-
un... 'baSac to iiIl. top of ..... eOIIII.'d'.
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!tis: understood and agreed that this agreement shall not be binding until it has been ratified
. ..~..' ""'-""r''''''
by proper ordinance or res~ution of the~m..""'~"~ 11t.1.~..mm__._..m..__.__..of the Licensee,
a certified copy of which resolution or ordinanc:eis attaeh~ hereto a~d made part of this agree-
Ment.
IN WITNESS WHEREOF the parties hereto have executed these presents in duplicate the day
and year first above written,
W:_=~:M~_______~TLAIm~~_:t~.&~::=
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correctness:
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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 adbpted by
the City Commission on the
19~.
6th
day of
June
,
Witness my hand and the seal of the City, this
/vLdayof
T11DA
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