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92-03 ,-.. r, RESOLUTION NO. 92-3 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THEIR APPROPRIATE CITY OFFICIALS' TO EXECUTE AN AGREEMENT WITH CSX TRANSPORTATION, INC., FOR THE INSTALLATION AND MAiNTENAt.tCE OF A WATER PIPELINE WITHIN THE RAILROAD RIGHT-OF-WAY AT CHESTNUT STREET, IN CLEARWATER, FLORIDA. WHEREAS, the city of Clearwater has found it necessary to install and maintain, for the purpose of conducting potable water, a 611 Ductile Iron l'later Main across the right-of-way and underneath the tracts of CSX Transportation Inc.; and WHEREAS, an appropriate agreement has been prepared; BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: section 1. The Mayor and the City Clerk are hereby authorized and empowered to execute the agreement with CSX Transportation Inc., a copy of which is attached hereto as Exhibit A, for the purpose of installing and maintaining a 6" Ductile Iron Water Main across the right-of-way and underneath the tracts of said Railroad, at Chestnut street, in Clearwater, Florida, as is more particularly described in said agreement. section 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2d day of Januarv , 1992. R1ta Garvey Mayor-Commission . i ~. ~ b2.c.. hin E. Goudeau Clerk RllSOI,lrl',WJS ItI!.96?')!) 9~-3 , " r......,.~.....~........._~I-:~,....--:c~~ ~....l: ..""':...; >.~,; ~.....f"';'."":'.........._,~~"..~. ",~.~/)..~:~;'~""':":~-"": ~::'~',;'~:: :~.~!~ .~.~'::;11&!"':, :~~t. ~'lU"'>""""~,(..I-~..._. ". .... I", ,>....wJ-...~'l'-I.'...r~..~~'. .;~.~ . :0. '.~ :;-.~ .~ - ( CSXT Form 2037-G -Sheet 1 Revised April 1989 RE-96799 JA30\PT0425N1.91P PIPELINE CROSSING AGREEMENT THIS AGREEMENT, Made as of the 24th day of April, 1991, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 \~ater Street, J acltsonville, Florida 32202, hereinafter called lILicensorll and CITY OF CLEARWATER, a municipal corporation under the laws of the State of Florida, whose mailing address is Post Office Box 4748, Clearwater, Florida 3l,618, hereinafter called t1Licensceu, WITNESSETH: mlEREAS, Licensee desires to construct and maintain a certain pipeline or duct work, for the transmission of water only, hereinafter called "Pipelinell under or across the track(s) and property owned or controlled by Licensor at or near Clearwater, County of Pinellas, State of Florida, at a point 281 feet northwardly measured along the center line of Licensor's main track(s) from Licensor's Milepost SY-875, Clearwater Subdivision (Station No. 1387+65), herelnafter called the IICrossingll; as shown on print of Licensee's Drawing attached hereto and made a part hereof; other details and data pertaining to said Pipeline being as indicated on Licensee's Application Form, dated August 7, 1990 (revised December 14, 1990), also attached hereto and made a part hereof: Nm~. TIlEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained., tll';! parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Licensor, insofar as it has the legal ri.ght, power and lluthorlty to do so, and subject to: (A) Licensor's present and future ri~lt to occupy, possess and use its property within the area of the Crossing for any and n11 purposes; . , (6) All encu'mbrances, conditions, covenants, easements, a1ld limitations applicable to Licensor's title to or rights in the subject property; and , \ (C) Compli,ance hy I.i.consee wi.th the terms lInd condl ti ons herein contllinp.d; t does hereby license and penlllt Licensee to construct, muilltllill, repnir, renew, operate, use, altol: or cllllllge snid Pipeline at the Crosfdllg nhove ror tlw term hcrcln stated, and to remove SllIlIe lIporl'tUl."mlllatinn, 1..2 The tel"1ll filillli..1.ill, as uuud IlCruiu, includllH pipou, dIHlt:!.l, (lewing, vents, manholes, COllnIH:tors, fixtur(!!.l, nppliurwlw lmu lltll:ill111:Y ftwlljLlu~j devoted oxcluB i ve 1 y to the trumalli fai Ion l.15nge ahove, EXHI13r'p ^ C/;;'-3 -,..;,< (~ ,- t CSXT Form 2037-G -Sheet 2 Revised April 1989 2. LICENSE FEE, TERM: 2.1 Upon execution of this Agreement, Licensee shall pay Licensor the sum of THREE HUNDRED SEVENTY-P!VE U.S. DOLLARS ($375.00) toward the cost of preparing and processing this Agroement. 2.2 Licensee shall also pay to Licensor a onc-time license fee of ONE HUNDRED U.S. DOLLARS ($100.00). License shall be revocable only in the event of Licensee's default. License s11a11 also end upon Licensee's cessation of use for tho purpose(s) ~bove.' 2.3 In any term, Licensee nssumcs sole responsibility for and, to the extent permitted by State law, shall pay directly (or reimburse Licensor for) any additional taxes and/or assessments levied against Licensor or LicensorJs property solely on account of Pipeline or Crossing. 3. CONSTRUCTION AND MAINTENANCE: 3.1 Licensee, at its sole cost and expense, shall construct, maintain, relocate, repair, renew, alter, and/or remove said Pipe1ineJ in a prudent, wor~nanlike manner, using quality materials nnd complying with any applicable standard(s) or regulation(s) of Licensor, Licensee's particular industry, A.R. E.A. Specifications, 01: any governmental body having jurisdiction over the Crossing. 3.2 Location and construction of Pipeline shall be made itrictly in accordance with design(s) and specj,fications furnished to and approved by Licensor. ( \ 3.3 All Licensee's work nnd exercise of rights hereunder shall be undertaken at tlme(s) satisfactory to Licensor and in a manner so as to eliminate Dr minimb:e any impact on or inter ferance with the safe use and operation of Licensor's track(s) and appurtenances thereto. In the installation and/or maintenance of snid Pipeli.ne, Licensee shall not use explosives of any type or perform or C<1t15C any blasting wi thout the separate express written consent of }.i,censor. As a condition to such consent, a representative will be assigned 'by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. ~. 'q I' 3.1f In further consideration for tbe license or ri ght hereby granted, Licensee hereby agrees that Licensor shall not, at any time or in any manner, be charged or assessed, di.rectly or indirectly, with any part of the cost of the i.nstnllation of said Pipeline and appurtenances thereto which are on Licensor's property, and/or Illaintenanct) thereof, or for- the public ~...orks project for which piped lnc and lIppurtcnt1l1Ces ure n p;'I)~t. 4. PERMITS, LICENSES: 4.1 Before any work hcreunde r f.s per fonned, or l1Ofol:O llse by Li ccnscc of the Crossing for the cuntracted purponc, LlCCllSOC, nt its !.lulc cost llnd expensc, shall obtain nIl necessary permits or llconses [rom BUY federal, state or local public lI11thorftles llnvinr, Jurisdiction ove17 the C):'ossing or its 9;2~3 ~-W' . c~~~.'~ .. -----.-----.-...----;- ~-..;----:- ~ {\ r: CSXT Form 2037 -G -Sheet 3 Revised April 1989 intended uset and, to the extent required by State law, shall thereafter observe and comply with the requirements of such public authoritiest and all applicable laws and regulations and future modifications thereof. 4.2 permits or compliance Licensee assumes sole responsibility licenses, any violations thcreoft or or remedy. for fanure to obtain such for costs or expenses of 5. REPAIRS, COSTS: 5.1 Any repairs or maintenance to Pipeline which are necessary to protect or facilitate Licensor's use of its property shall be made by Licensee promptly, but in no event later than ten (10) days after Licensee has notice as to the need for such repairs or maintenance, whether or not aaid repairs or maintenance result from acts of Licensee, or natural or weather events. ~.2 In the event of Licensee's failure to repair or maintaint or in the event such repairs or maintenance generate cost or expense to Licensor (including train delays and/or inability to meet train schedules)t Licensee shall be solely responsible for such failuret costs and expense, and, to the fullest extent permitted by State law, Licensee shall reimburse Licensor such costs or expenses as ridditional rents hereunder. 6. MARKING AND SUPPORT: 6.1 With respect to any subsurface installation upon Licensor's property, Licensee, at its sole CQst and expense, shall: I i (A) Erectt maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicntf.ng the location, depth and ownership of Pipeline or other faciliti.es i (B) Support track and roadbed of Licensor, in a manner satisfactory to Licensor. 6.2 After construction of Pipeline, Licensee shall restore said track(s), roadbed and other disturbed properey of Licensor, and shall leave same in a condition satisfactory to Licensor. Licensee shall backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Llcensor, and shall either remove any surplus earth or material from Licensor's property or CllUSC said surplus earth or material to be placed and distributed at location(s) and in such manner as Licensor may direct. t 6.3 Upon removal of Pipeline, Licensee shall leave Licensor's property in a condition sntis[actory to Liccnsot". 7. TRACK CHANGES: , C I 7.1 In the event that Licensor's ongoing operatinB needs and/or maintenance result in tho future rai:JinB or lowering of Licell!>or'!:; tracks, or in the event future use by Llccnsor of' rieht.of-wlIJ unu propurty (i.ncludtng changes in or addi. tlons to Licensor's t:rnck(:.;) 01: otlw I" fncll i tics) 7';) "3 . ~ (' CSXT Form 2037.G .Sheet 4 Revised April 1989 necessitate any change of location, height or depth of Pipeline or Crossing, Licensee, at its sola cost and oxpense and within twenty (20) days after notice in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate Licensor's tracks or operations. Any alternative costs or expenses incurred by Licensor to accommodate the continued uso of Licensor's property by Licensee shall also be paid by Licensee. 7.2 Licensee agrees to periodically monitor and verify the depth or height of Pipeline and Crossing in relation to Licensor's tracks and facilities, and to relocate Pipeline or change Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement or any publ:l,c authority. B. PIPE CHANGES: 8.1 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of Pipeline (including any change in circumference, diameter or radius of pipe or carrier pipe or change in materials transmitted in and through said plpe), plans therefor shall be submitted to Licensor for approval before any such change is made. After approval the terms and conditions of this Agreement shall apply thereto. 9. INTERFERENCE WITH RAIL FACILITIES: .' 9.1 If the operat~on, existence or mai,ntenance of said Pipeline, at any time in the reasonable judgment of Licensor, causes: (a) interference (physical, magnetic or otherwise) with Licensor's power lines, communication, signal or other wires, train control system, or facilities; or (b) interference 1n any manner with the operation, maintenance or use by Licensor of its right-of-way, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event. Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Pipeline as may be required 1n the reasonable judgment of Licensor to eliminate all such interference. I I \, 'c) 9.2 Without assuming any duty llcreunder to inspect Licensee's Pipeline, Licensor hereby reserves the right to inspect same and to require LIcensee to undertake repairs, maintenance or adjustments to Pipeli,ne, whlch repairs, maintenance or adjustments l.i.cellsee lwrehy il~rees to Illlllw proruptly, at Licensee's sole cost and expense. 10. RISK, LIABILITY, INDEMNITY: \Hth respect to the lillbi1i.tien of the parties, jt is herchy agreed that: I 10.1 1.icensee hereby assumes, and, to the fullest extent permitted by State law shall at all times hereafter indemnify, defend and save Licensor harmless from and against any and .!lll linbility, loss, claim, suit, damage, charge or expense whlch Licensor may suffer, slIstain, incur or in any way be subjected to, on account of clonth of or. injury to llny person whomsoever (includi ng ofn cers, agcnts, cmp] oyce!. or Illvi tll(!!, of Licensol'), and for , " :". q ;J. ~3 j, " , , e , ," a " , .' , ~ r "' } !. '. , .\.. . ,~ -' '( t. :I /.- ( c. I t '. , ............ /" ( CSXT Form 2037HG -Sheet 5 Revised April 1989 damage to or loss of or destruction of any property whatsoever (including contents of Pipeline), arising out of, resulting from, or in any way connected with the construction, repair, maintenance, replacement, presence, existence, operations, use or removal of Pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the fault, failure or negligence of Licensor. 10.2 Use of Licensor's property involves certain risks of loss or damage as a result of Licensor's rail operations. Notwithstanding Section 10.1, Licensee hereby assumes all risk of loss and damage to Licensee's Pipeline or Property (includlng contents of Pipeline) which may result from fire or derailment arising out of Licensor's rail operations. For this Section the term 'tLlcensee' s Property" shall include property of third parties situated or placed upon Licensor's property by Licensee or by such third parties at request of or for benefit of Licensee. 10.3 Notwithstanding Section 10.1, Licensee also expressly assumes all risk of loss for Licensee's failure to malntain either the required clearances for any overhead Pipeline or the required depth and encasement for any underground Pipeline, whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or Joint fault. 10.4 Notwithstanding Section In,l or any other provlsion herein, Licensee assumes all responsibility [or, and agree!> to defend, indemnify llnd hold Licensor harmless from (a) all claims, costs and expenses, including reasonable attorneys' fees, as a conseq"t1ence of any sudden or nonsudden pollution of air, water, land and/or ground water on 01:' off the Crossing area, arising from or i.n connection with the lIse of this Crossi.ng or resulting from leaking, bursting, spilling, or lIny escape of the matel"ial transmltted in or through said Pipeline, and (b) any claim or liability arising under federal or state law dealing with either SUCll sudden or nonsudden pollution of air, water, land and/or ground water arisi.ng therefrom or the remedy thereof. 11. INSURANCE: W1:. , , I : f 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 ~lall maintain during the continuance of this Agreement, at Licensee's sole cost and eX-pellse, a polley of Public Liahili,ty Insurance or Gommcrci a1 Li aId 1 i ty Insllrllncc, nllmi ng Licensee as j nsured and covering liability assullled by Licensee under thi.s Agreement. A coverage limit of not less than THREE t-lILLlON DOLl.ARS ($3,000 ,000) Combi ned Single Limit per occurrenCL for bodily inj ury 1 i ahll i.t:y and property damage Huh lli ty is recommended as a prudent limit to protect l.icenseuts lwsumed ohligati,ons. 11.2 If said polley is written on a "claim!> lnilde" basis instead of an "occurrence11 ba~d.s, Licensee shall arrange or require its contractors to arrange for adequate tima fo)~ reporting 10s~;os. Fuilure to do so shall ue at Licensee's solo risk, 1.f said policy docs not lllltomal:lclll.ly cover Licensee's contractual liability during periods of survey, inst:lllllltion, IlWintenllJlCe Hnd continued occupa Cion, a specific endorsement lldd lug sueh coveralle sllllll he purchased by Llcensee or 1.icensee IS con!:1'llCtor. 12-'.3 ~~~c .. '.' "::'1.,. >, . ... ~ . ,.. y-" ..~ ,~' .L' ___ __.. <~...i(~::r~~ ~/1 ~.~~~r~(~~~~,~:~~~t;:~:.'j:I".~ .~~r.~i.~} ~!,~~: ,Y.?-: 1,~~ ,. >~: "1.~: : :-,::~: ,. '. ~. '. .: l.. ~. r. , ~ , , . ":'; ~,,~,,',::,i::~';:~5':~r~';,?I:~";:Jt~:f..,J . .-... f"~ CSXT Form 2037 -G -Sheet 6 Revised April 1989 11.3 Licensor maYt 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 requirementt 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 Licenseets Contractor to comply wit!! 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 llabili,ty under this Agreement, but shall be additional security therefor. 11.4 Notwithstanding the provisions of Sections 11.1 and 11.3, Licensee may self-insure in ony amount(s) any (all) liability arising under this Agreement. 12. GRADE CROSSINGS: ) 12.1 Nothing herein contained shall be construed to permit Licensee 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. 13. FLAGGING: 13.1 ,If Licensor deems it advlsahle, during the pro~ref;.s of any construction, maJ ntenanc~, rcpalr, removal, al tCl:atI on, cllllnge or r.emoval of said Pipeline, to place w.lltc1l1ucn, flagmen. inspectors o'r supervifJors [or protectioi'of operations of Licensor or others on Licensor's property at the Crossing. Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not he liable for failure to do so. 13.2 Subject to Licensor's consent and to Licensor's railroad operating rules and labor agreements t Li censee lIIay provide f1 agmen, watchmen. inspectors or supervisors, durlng all times of constr-uction, in place of Licensor provision. at Lf.censee' s sole risk; and in such event, V~'censor shall not be liable for the faUure or neglect of such wntchmcn, flagmen, inspectors or supervisors. I'). 14. LICENSOR'S COSTS: i\l I: I 14.1 Licensor's expense for wages ("force account work") and materials for any work performed at the expense of Licensee pursuant hereto shall be paf.d by Licensoe wi,thin thirty (30) days artal" receipt of Licensor's bill therefor. subject to Licensee's budr,etllry rules. 1/..2 Such expense shllll incl ude, hut not he J Jill! tud to. cost of supervision. tl"ltveling ex pe11!,;cS, Fedenil HniJ.:oad Rutlrcllwnt null llnnlllploYllwnt Taxes. force account insurance and vLtcation allowances for Lie(!I1S0r'S cmploycl!s, nnd insurance und freight llnd handlIne. chaq~es on nIl lIl11terilll used. Any oquip/llont rentals shlll] he Pllynhle hy Llcenseu ill <lCcordllncc wi eh Llcensor's fixed npplfcnb1e rate. ]/1.3 All undisputed bills or porLloJ1:i of hills not paid within sllid thirty (30) days f.hn]] thereafter ..ccrue interest at the highest nlte 9:<'''3 ~ /-' I , CSXT Form 2037-G -Sheet 7 Revised April 1989 permissible by local law or twelve percent (12%) per annum, whichever is lo~er. Unless Licensee shall have furnished detailed objections to such bills within said thirty (30) days; bills shall be presumed undisputed. 15. TERMINATION; REMOVAL: 15.1 On or before termination of this Agreement; or within thirty (30) days of cancellation or revocation, Licensee, at its sole risk and expense, shall remove Pipeline from the property of Licensor, unless the parties hereto agree otherwise, and shall restore properey of Licensor in a manner satisfactory to Licensor, and rcimbul:se Licensor all loss, cost or expense Licensor may suffer resulting from such removal. 15.2 All rights which Licensee may have hereunder shall cease and end upon the date of expiration of term or revocation; provided, however, that termination, cancellation or revocation of this Agreement shall not affect any claims and liabilities which may have arisen or accrued hereunder to or for either party, and which at the eime of termination, cancellation or revocation have not been satisfied; neither party, however, waiving any defenses. 16. NOTICE: 16.1 Licensee shall give Licensor's Division Manager (5656 Adamo Drive, Tampa, Florida 33619~3240) at least five (5) days' written notice before doing any work of any character hereunder on Licensor's property, except that in cases of emergency shorter notice may be given to Licensor1s Division Engineer. 16.2 All other notices and communications concerning this Agreement " shall be addressed to Licensee at the address above; and all other notices to Licensor at the address above, c/o CSXT Contract Administration J180; or at such other address as either party may designate in writing to the other. 16.3 Unless otherwlse expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Moil, Return Receipt Requested', <lnd shall be effective upon actual receipt or upon date of refusal of delivery. 17. ASSIGNMENT: 17.1. Licensee sholl ohtoi n 1..1 ccmsor' oS wri tten COllSCI1t to nny llSlJi gnrnant of Licensee's i ntercs t hereI.n lUU.! slw11 reimburse LI.cemwr for any 1 OSS, cost or expense Licensor muy incur lW n result of Licensee's failure to ohtain !inic1 written consent. I'~L ;li ! I I, f I, I' . 17.2 Subj oc t to See tI onti 2.1 Lind 17.1. thi s AgrooJncnt :;lw 11 ho hi nl! i ng upon nnd inure to thu hClIefit of tho pnrtlc!> lwretCl /Iud their. J'USIH!(;t1ve successors or assigns. 1:2 -;3 "" (' CSXT Form 2037 ~G ~Sheet B Revised April 1989 18. TITLE: 18,1 Licensee shall not at any time own or claim any right, title or interest i~ or to Licensor's property occupied by Licensee's Pipeline, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in 14icensee [0 said property other than the license herein created. 19. DEFAULT BY LICENSEE: 19.1 The proper Bnd comp+ete performance of each and every of the covenants of this license shall be deemed of the essence of this Agreement, and in the event Licensee shall fail or refuse to fully and completely perform any or all of said covenants or remedy any breach within thirty (30) days after receiving a written notice from Licensor to do so, Licensor shall have the option of terminating this Agreement, regardless of license fee(s) having been paid in advance for any annual or other period. and of revoking the privileges and powers hereby conferred upon Licensee. 20. BREACH, WAIVER: 20.1 Any waiver by either party at any time of its rights as to any covenant or condition heiein contained shall not be construed as a permanent waiver of such covenant or condition, or any slilisequent breach thereof, unless such covenant or breach is permanently waived in writing by said party. 21. LICENSOR APPROVAL, LIMITS: 21.1 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercIsed l)y Licensor. sholl be construed as an admission of liability or responsij>ility by Licensor, or as a waiver by Licensor of any of the obligations, liahlli ty and/or responsi.hili ty of Licensee under this Agreement. 22. ENTIRETY, EXCLUSIVITY: 22.1 This Agreement contaIns the entire understanding botween the parties hereto. 22.2 Neither this Agreement, any provision hereof, nor nny agreement or provision included heroin by reference, 511a]1 opornte or be construed as being, for the benefit of any third person. , t t 23. FORM. LAW. FORUM: 23.1 Neither the form nor any lungullge of this Agreement shall be j,nterpreted or construed in favor of or agaillst either party herelo as the sole drafter thereof. 23.2 This Agreement is executed by all parties under current interpretacion of any and all llppl ieahlc federal, state, county, municipal or other local. statute, ordinnnce or 1 <1...1. lIoWQVQI~ J each amI CVel:Y separllt(~ 7~~3 ': 'C.,...... "'-, ,~' .. ___c____ ~"T~,~... "L",,",~" .............Cl':' "'h ".....r.,. .' . ". j<'. .... ,~.'..',1....."+' ":11' / -.., , ~~ '", f CSXT Form 203,7 -G -Sheet 9 Revised April 1989 division (paragrapll. clause, item. term. condition, covenant or agreement) herein contained shall have independent and severable status from each other, separate division, or combination thereof, for the determination of legality, so that if any separate division herein is determined to be unconstitutional, illegal, violative of trade or commerce in contravention of public reason, that separate division shall be treated as a nulU.ty, but such holdlng Dr determination shall have no effect upon the validity or enforceability of each and every other separate dIvision, herein contalned, or any other combination thereof. 23.3 This Agreement shall be construed and governed by the laws of the state in which the Pipeline is located. IN lHTNESS \mEREOF. 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: LICENSEE: CITY OF CLEARWATER, FLOR: By: Mi.chael Wright city Manager Rita Garvey Mayor-Commissioner .,.", Approved as to form and correctness: Attest: M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk t"' f f. 'I' f' il. q.2 -...3 . ...." J Rev. 8-1-88 l.s ... / lJ ~ / _/ s ~ J... -/ APPLICATION FOR PIPELINE CROSSING/PARALLELISM UNDER/OVER PROPERTIES AND TRACKS ,. e Plnns for proposed installation shall be submitted to and meet the approval of the ilroad Company before construc~ion is begun. Material and installa~ion are to be in strict ~ccrdance w~th specificaeions of the Aroerlcnn Railway Engineering Association and requirement of CSX Trnnsporta~ion. Original and four (4) copies of this form shall be submittedt accompanied by five (5) lette~size prints of a drawing showing p'len, elevation section of crosslng from field survey, locacion in respect to milepost, wioth of Railroad's right of way, location of adiac~nt structures affectins crossing, and all information required in Figures 1 and 2 of AREA Specifications, Part 5 - Plpelines. If open cutting or tunneling is necessary, details of sheeting and method of supporting tracks or ariving tunnel shall be shown. 1. Complete Legal Name of Applicant City of Clearwater Telephone: (JU1.) 462-6970 2. Post: Office Address P.O. Box 4748 City Clearwater ST..Eb-Zip 34616 3. Partnership - name & initials all partners women - given and SUrnames before marriage and present 4. If incorporated, name of state in which incorporated Florida Location '281 feet M~rh (direction) from nearest RR Milepost SYB?..:i"" V.S.I Nearest Station C L /!It'/HIv,fr.~.It. County: pine 11 as State: Flodda Within limits of public highway? Yes--K- No____ If yes, show the road right of way on print. DOT/AAR Crossing No, (, Zt, /?04 II 8. Temporary track support or 'riprapping required? ( ) Yes (X) No - Describe 10. Produce to be conveyed' Wa ter 11. Max. ,Working Pressure 70 Location of shut-off valves PIPE SPECIFICATIONS: Hater;i.al Haterial Specifications & Grade Hin. Yield Streng~h of Haterial1 PSI Hill Test Pressure PSI Inside Diameter Wall i'hickness Outside Diameter Type of Seam Laying Lengths Kind of Joines Total Length Within RR R/W Vents: Number 0 Size Seals: Both ends one end Bury: Base of rail to top of casing Bury: (Not beneath trucks) Bury: (Roadway ditches) N/A CATIIODIC PROTECTION: ( ) Yes (X) No PROTECTIVE COATING: ( ) Yes (X) No Type, size and spacing of insul.1torn or supports 12" x 611 pltlHtic nt 10'011 npllcinR 14, Hethod of instal1aeion Jack and Bore If aopl.i.cation is aporoved, applicant agrees to reimburse the Rililrond for any cost incurred by the Railroad lncident to installation, maintenancQI and/or supervision nccessit hv this pip~line +nstallation, and fur~hc~ agrees ~o n~su e all li3bilit~ for 8cc~dcnts or L juries WhlCh ar~se as a result of thlS lnstallatlol)' SlouJcl ,?pcn cut lnstallatlon be 'uired a non-refundable charge of $ wdl r..! rCH{ulrcd to CClSllrf.'lCC tracks. , , ~ August 7 I 1990 ~ ~_---' Date Signature ~ Talc or Rt'v'-spt! J 2/1'//90 \ '11' 'f < oJ I I <1111 C, B <llw r n I r" e c tor 0 Please print or type: Name Public Title ,.;#...~ (~: - ' " ' " ", , .. '" w =-~);K TRANSPORTATION ~_. I , \ 5. 6. 7. 9. Wires, poles, obstructions to be relocated? ( ) Yes (X) No -. Describe. ) Yes (X) No Pressure 150 Temperature 800F ~ PSI. Type Test 'Air .. CARRIER PIPE Ductile Iron . ASA A2 1 .6 21 ,000 SOD 6.40 .250 6.90 Seamless 18'0" Restrained Ball & Spigot 50' lI(;:t. above ground C~SING PIPE Steel AP I 5L. Gr<:\~e 3 5 . nno 750 12!' .375" 12.750" Elec. Resrst. 40; Elec. weld 50 weld 5 3 6 o in. in. in. ft. ft. ft. Kind I ~ 6'X6 "ree 0/2- ~'6ate Valves N ~ II D 1--_- ~,- >, ---:=-.=.=- -=--= -:==L-- 24 Strm_-----~ - - -- -== -=- -= 24"Slr Grole . \ Inllt . 8',eo ':>On, ,H. ). II u ~ -----e'.50n.-- ~-_{...) s~O\. ,. t::.':\ _,I.MOP- __,..-.-n - SR, .f.!!te..-.." \ M,H, r' ~-b - .....",.. -~-= ---1"'- Con~;' ~h;b~~fli3 _~=S;d"'.~~~' ~Pi\ I-=CJ ~ J Uw.~ A~' Slqoo II ,ron rruf'(;r IV/Gin avo. .1 en II <{ 'IW CHESTNUT .ST. , S.R. Curb ..- ~ !!..C.. -=..=-.=- - ........ -=- r==- ~~ S. R i ht Of W2t, _ ~, i ~. , I I Sy~ II 1 L." 0 :30' M4d-IE 90' 120 -8' I R c. I'U,/ , '-II Jh, .. -.. -~- -~- " r ~8 - . -"" ~ ~ -~~ :Ii if (~ Jl ~ 12" ~ tl ~ Stoo VCO~ i&- , o. C).... -- :E I ...... - -- -I----r - I~L:,L; Irl r n-- 1 I - -- ~ '1~ 6l1LJlJcti/e lror, [ !I I Y ! i t 6''{; r.Je ti~ " / ro, ,;. I I :1 . 111, ' \ W01er ki~Gin I : I Wal. ~r /.,1,. . I : ~ I I I I 2A 'I' I ~---1- ~--l -H- -t- (- -I- it -_. : I I ~ tI IIOUR N '-01 ~ ~ ~ ftf,. PI!! '0'01) bl<3 . --- f-- -_!.. J..- ,~ w__ ! \~ --~ -, ~)~ ~ ~q A" 11- ~, ' lOAU ""~D"" , " I \ 24 Strm,l I I lk) ; - 0 \IV"' <l. , . " 5lrrn 1 t T~ .roo -.... II '\', ' T T I ! I 1 ~I I I 124 51 m, i> 'l., ITA 1I" IU. '1191111" 001"13 r --\1 -1.. ,," r_ ~ I~J II , MIN, O' I 0......5,. 0 1.<\,tJl, O' D OoI.VS 1L If' llr . \ 1--- . . 4-r... I n I ~ .,,, .. .....I~. ,.., .'1." "'" -, n \\ ~ I ij. I ~ I.e~ iJL J" \~:\ - L e!U~'" ..,,.,.,,!I,'!]!! ell!.ell _ J __d " . \: "-- -- -=- Seolc!. Horlr, I..' '9 Vcrl. 1;2 --- -- - R.R. PERMIT 13.17327.. 1 Sli EC'T IOF I 13-17327-1 @ 1d.~3