89-11
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RES 0 L UTI C N
No. 89 - 11
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING
THEIR APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH
CSX TRANSPORTATION GROUP, FOR THE INSTALLATION AND
MAINTENANCE OF A WATER PIPELINE WITHIN THE RAILROAD
IUGHT-OF-WAY AT McMULLEN"BOOTH ROAD, IN CLEARWATER, FLORIDA.
WHEREAS, the City of Clearwater has found it necessary to install and
maintain, for the purpose of conducting water, a 12-inch ductile iron water
pipeline across the right-of-way and underneath the tracks of CSX
Transportation Group; and
WHEREAS, an appropriate agreement bas been prepared;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY
ASSEMBLED, AS FOLLOWS:
1. That the Hayor and the City Clerk are hereby authorized and
empowered to execute the agreement with CSX Transportation Group, a copy of
which is attached hereto as Exhibit At for the purpoae of installing and
maintaining a l2-inch water pipeline across the right-of-way and underneath the
tracks of said Railroad, at McMullen-Booth Road, in Clearwater, Florida, as 'is
more particularly described in said agreement.
2. That this Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 6th
day of April, 1989.
Attest:
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CSXT Form 2037-G -Sheet 1
Revised May 1988
RE-900B7
PS\219017K1.PTP
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 17th day of January, 1989, by and
between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing
address is 500 Water Street, Jacksonville, Florida 32202, hereinafter
called tlLicensor" and CITY OF CLEARWATER, a municipal corporation under the
lsws of the State of Florida, whose mailing address is Post Office
Box 4748, Clearwater, Florida 34618, hereinafter cal19d "Licensee",
WITNESSETIl:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duet work, for the transmission of potable water only, hereinafter
called "Pipeline" under or across the track(s) and property owned or
controlled by Licensor at or near Dellwood, County of Pinellss, State of
Florida, at a point 1,475 feet westwardly measured along the center line of
Licensor's main trackes) from Licensor's Milepost SY-86B, Clearwater
Subdivision (Station No. 103S+61) , hereinafter called the "Crossin$t"; as
shown on print of Licenseels Drawing attached hereto and made a part
hereof; other details and data pertaining to said Pipeline being as
indicated on Licensee's'~pplication Form, dated November 17, 1988, also
attached hereto and made 8 part hereof:
NOW, THEREFORE, in consideration of the mutual covenants, conditions,
terms and agreements herein contained, the parties hereto agree and
covenant 8S follows:
1. LICENSE:
1.1 Licensor, insofar as it has the legal right, power and authority
to do so, and subject to:
(A) Licensor's present and futuro right to occupy, possess and
use its propet:ty within the area of the Crossing for any and all purposes;
(D) All encumbrances, conditions, covenants, easements, and
limitations applicable 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 license and permit Licensee to construct, maintain, repair,
renew, operate, use, alter or chango said Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures. appliances and ancillary facilities
devoted exclusively to the transmission uS8ae abovQ.
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CSXT Form 2037-G -Sheet 6
Revised May 1988
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmittod in or through said Pipeline, and (b) any claim or
liability arising under federal or state law doaling with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
11. INSURANCE:
11.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Licensee shall procure, or require any
contractor(s) to procure, and shall maintain during the continuance of this
Agreement, at Licensee's sole cost and oxpense, a policy of Public
Liability Insurance or Commercial Liabilitv Insurance, naming Licensee as
insured and covoring liability assumed by Licensee under this Agreement. A
coverage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined
Single Limit per occurrence for bodily injury liability and property damage
liability is recommended as a prudent limit to protect Licensee's assumed
obligations.
11. 2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange or require its contractors to
arrange for adequate time for reporting losses. Failure to do so shall be
at Licensee's sole risk. If said policy does not automatically cover
Licensee's contractual liability during periods of survey, installation,
maintenance and continued occupation, a specific endorsement adding such
coverage shall be purchased by Licensee or Licensee's contractor.
.
11.3 Licensor may, at any time prior to commencement of construction
on the Project, request evidence of insurance purchased by Licensee or
Licensee's Contractor to comply with this requirement, and may demand that
Licensee or Licensee's Contractor purchase insurance deemed adequate by
Licensor, but not in excess of the insurance specified by this Agreement.
Failure of Licensee or Licensee's Contractor to comply with Licensor's
demand shall be considered a default by Licensee subject to Article 19.
Securing by Licensee of insurance hereunder shall not limit Licensee's
liability under this Agreement, but shall be additional security therefor.
11.4 Notwithstanding the provisions of Sections 11.1 and 11.4,
Licensee may self-insure in,any amount(s) any (all) liability arising undor
this Agreement.
12. GRADE CROSSINGS:
12.1 Nothing herein contained shall be construed to permit L:l,censee
or Licensee's contractor to move any vehicles or equipment over track(s) of
Licensor, except at public road crossing(s), without separate prior written
approval of Licensor.
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CSXT Form 203~ -Sheet 10
Revised May 1988
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ ]
[ ]
[ ]
[ ]
[Xl
[ ]
[ ]
[ ]
None
Open-cut or tunneling construction limits
Flammable or combustible product limits
High tension wire limits
Telecommunication Cable or Fiber Optic line
Public Highway or Municipal Occupancy rider
Hazardous material transmissjon
Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) the date and year
first above written.
Witness(es) for Licensor:
CSX TRANSPORTATION. INC.
By
Title:
CSX Rail Transport
Countersigned: '
CITY OF CLEARWATER. FLORIDA
By:
Rita Garvey
Mayor-Commissioner
Ron R. Rabun
City Manager
Approved as to form and
correcntess:
Attest:
Cynthia E. Goudeau
City Clerk
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CSXT Form 2037~G -Sheet 11
Revised May 1988
COMMUNICATIONS CABLE OR FJBER OPTIC LINE PROTECTION RIDER
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 giving at least
thirty (30) days written notice to, and receiving written consent from the
following parallel cable occupier(s):
] C'Lightnet")
Mr. Larry D. Troutman
DirectorMFacilities Maintenance
LIGHTNET - FMAC
2639 Paces Ferry Road
Overlook II, Suite 1300
Atlanta, GA 30339
Phone No. 1-800-327-9686
"
] ("U.S. Sprinet')
Mr. John Fleeman
Manager of Facility Operations
U.S. Sprint Communications Company
3065 Hargrove Road, Suite 465
Atlanta, GA 30339
Phone No. (404) 8S9~8770 Collect
[ X ] ("MeIll)
Mr. Randy K. Dellinger
Me! Telecommunications Corporation
400 International Parkway
Richardson, TX 75061
Dopt. 1106/041
Phone No. 1-600-624-9675
[ . ] (" AT&TfI)
Hr. Robert Ash, Supervisor
AT&T Communications
Central Region
Route 1
2869 North 3501 Road
Seneca, lL 61360
Phone No. 1~800-328-6039
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(" AT&TfI)
Mr. E. W. Hamilton
AT&T Communications
Southern Region
2315 Salem Road, S.E.
Conyers, GA 30208
Phone No. 1-600-241~3624
("AT&TfI)
Mr. Ed Smith
AT&T Communications
Eastern Region
11820 Leesburg Pike
Herndon, VA 22~70 .
Phone No. 1 (703) 430-5217 Collect
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CSXT Form 2Q37-G -Sheet 11
Revised May 1988
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
No construction of any type pursuant or related in any way to this
Agreement sball be commenced by Licensee, or by any agent, representative,
contractor, subcontractor of Licensee, without Licensee giving at loast
thirty (30) days written notice to, and receiving written consent from the
following parallel cable occupier(s):
] ("Lightnet") Mr. Larry D. Troutman
Director-Facilities Maintenance
LIGJITNET - FMAC
2839 Paces Ferry Road
Overlook II, Suite 1300
Atlanta, GA 30339
Phone No. 1-800-327-9686
] ("U.S. Sprint") Mr. John Fleeman
Manager of Facility Operations
U.S. Sprint Communications Company
3065 Hargrove Road, Suite 465
Atlanta, GA 30339
Phone No. (404) 859-8770 Collect
[ X ] ("MCI") Mr. Randy K. Dellinger
MCI Telecommunications Corporation
400 International Parkway
, Richardson, TX 75081
Dept. 1106/041
Phone No. 1-800-624-9675
] ("AT&TII)
Mr~ Ed Smith
AT&T Communications
Eastern Region
11820 Leesburg Pike
Herndon, VA 22~70 .
Phone No. 1 (703) 430-5217 Collect
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CSXT Form 2037~G -Sheet 12
Revised May 1988
] ("AT&Tlr)
Mr. Bob Foster
AT&T Communications
Northeastern Region
Box 301, an 3
Tully, NY 13159
Phone No. (315) 696-8926 Collect
The notice shall be accompanied by drawing(s) showing the general
plan, elevation, details and methods of the proposed construction, and the
location of occupier(s)' cable in rela~ion to the proposed construction.
Any changes, alteration, relocation or protection of wire(s), cable(s)
of occupier(s), required by said occupier{s), shall be at Licensee's
expense and as negotiated between Licensee and said occupier(s).
Licensee must locate nnd protoct any existing cable, wire or fiber
optic line (including any appurtenances thereto) of said cable occupier(s)
which may traverse or be located in, on, or immediately adjacent to the
Crossing, Bt Licensee's cost.
Licensee shall be solely responsible and liable for any damage (e.g't
cutting, dislocating, etc.) to said wire or fiher optic line or cable, and
appurtenances thereto, resulting in any way from or incident to Licensee's
exercise of rights or privileges under this Agreement. Licensee shall
defend, indemnify and hold Licensor 'harmless from any such damage claims
and any relocation or protection costs. to the extent legally,perm1ss1ble.
Licensor:
(Initial)
(Date)
Licensee:
( Initial)
(Date)
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