95-85RESOLUTION NO. 95 -85
A RESOLUTION OF THE CITY OF CLEARWATERl
FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A WIP.ELINE CROSSING
AGREEMENT (AGREEMENT NO. CSX- 027139) WITH CSX
TRANSPORTATION, INC., FOR THE INSTALLATION AND
MAINTENANCE OF AN 18 INCH STEEL CASING WITH
CONDUITS CONTAINING FIBER OPTIC COMPUTER AND
CONTROL LINES, CROSSING THE RAILROAD RIGHT -OF-
WAY APPROXIMATELY 6 FEET NORTH OF THE
CENTERLINE OF PIERCE STREET; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater has found it necessary to
install and maintain an 18 inch steel casing through which conduits
containing fiber optic cables are installed for the purpose of
conducting light pulse signals 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
to execute the Wireline Crossing Agreement with CSX Transportation
Inc., a copy of which is attached hereto, for the purpose of
installing and maintaining an 18 inch steel casing through which
conduits containing fiber optic cables are installed for the
purpose of conducting light pulse signals across the right -of -way
and underneath the tracts of said Railroad, six feet North of the
centerline of Pierce 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 7th day of December , 1995.
Rita Garvey
Mayor- Commission
Cy hia E. Goudf�au
C t Cler is
RVS. 4
ki!.cS :-01713)
CSXT Form 2213 -G - -age 1
Revised April 1993 g
Agreement No. CSX- 027139
WIRELINE CROSSING AGREEMENT
THIS AGREEMENT, made as of October 24, 1995, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Licensor", and
ision or
CITY OF CLEARWATER, FLORIDA, a municipal corporation, political
state a agency, under the laws of the State of FL, whose mailing address is P.
O. Box 4748, Clearwater, FL 34618 -4748, hereinafter called "Licensee ",
WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain wire or
cable, solely for the transmission of voice communication, or other data, via an
optical waveguide through a solid core of glass or plastic fiber material,
hereinafter called "Wireline ", over 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 1,350 feet northwardly measured along the center line of
Licensor's main track(s) from Licensor's Milepost SY -875, Clearwater Subdivision ision
Valuation Station 1403 +96, hereinafter called the Crossin ,
P
of Licensee's Drawing 95071, dated July 26, 1995, attached hereto and made a part
hereof; other details and data pertaining to said Wireline being as indicated on
Licensee's Application Form, dated October 6, 1995, also attached hereto and made
a part hereof:
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms
and agreements herein contained, the parties hereto agree and covenant as
follows:
i. LICENSE:.
1.1 Licensor, insofar as its present title permits and as it has the
legal right, power and authority to do so, and subject to:
(A) Licensoe's present and future right to occupy, possess and use
its property within the area of the Crossing for any and all purposes;
(B) 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 change said Wireline at the Crossing above, solely for the
use stated above, for the term herein stated, and to remove same upon
termination.
1.2 The term Wirel e, as used heap lin cesu o wires
and ancillary facilities
cables, poles, guys, anchors, fixtures, app
devoted exclusively to the transmission usage above (but not.towers, repeaters
J k Z5L J
CSXT Form 22- •C - page 2
Revised April 1993 q
Agreement No. CSX- 027139
or impulse regenerators) within the Crossing, and as shown on the attached
Application Form.
1.3 No additional Wireline or Pipeline or other facilities shall be
placed, allowed or maintained by Licensee in, upon or along the Grossing except
upon separate prior written consent of Licensor.
2. LICENSE FEE; TERM:
2.1 In lieu of annual payments and in consideration of Licensor's waiver
of future fee increases, Licensee shall pay Licensor a one -time nonrefundable
License Fee of TWO HUNDRED FIFTY AND 00/100 U.S. DOLLARS ($250.00) upon execution
of this Agreement.
2.2 However, Licensee assumes sole responsibility for, and shall pay
directly (or reimburse Licensor), any additional annual taxes and /or periodic
assessments levied against Licensor or Licensoe's property solely on account of
said Wireline or Crossing.
2.3 Effective Date of this Agreement shall be the date first written
above. License shall be revocable only in the event of Licensee's default, as
herein provided, but shall also terminate upon (a) Licensee's cessation of use
of the Wireline or Crossing for the purpose(s) above, (b) removal of the
Wireline, and /or (c) subsequent mutual consent.
2.4 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not be charged or assessed, directly
or indirectly, with any part of the cost of the installation of said Wireline and
appurtenances, and /or maintenance thereof, or for any public works project of
which said Wireline is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate repair, renew, alter,
and /or remove said Wireline, in a prudent, workmanlike manner, using quality
materials and complying with: (a) any applicable standard(s) or regulation(s)
of Licensor (Exhibit "A "); (b) National Electrical Safety Code (NESC);
(c) Licensee's particular industry; and /or (d) any governmental or regulatory
body having jurisdiction over the Crossing or Wireline.
3.2 Location and construction of Wireline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor. ,
3.3 All Licensee's work and exercise of rights hereunder shall be
undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize
any impact on or interference with the safe use and operation of Licensee's
track(s) and appurtenances thereto.
3.4 In the installation, maintenance repair and /or removal of said
Wireline, Licensee shall not use explosives of any type or perform or cause any
CSXT Form 2k--G - Page 3
Revised April 1993 @
Agreement No. CSX- 027139
blasting without the separate express written consent of Licensor. 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.
3.5 Any repairs or maintenance to Wireline, whether resulting from acts
of 'Licensee or natural or weather events, 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 thirty (30) days after Licensee has notice as to the
need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail
operations, equipment and /or employees from damage or injury, may request
immediate repair or renewal of the Wireline, and if the same is not performed,
may make or contract to make such repairs or renewals, at the sole risk, cost and
expense of Licensee.
3.7 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 by Licensor, shall be construed as an admission
of liability or -responsibility by Licensor, or as a waiver by Licensor of any of
the obligations, liability and /or responsibility of Licensee under this
Agreement.
3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense (including losses resulting from train delays and /or inability to meet
train schedules) arising from any failure of Licensee to make or from improper
or incomplete repairs or maintenance of Wireline.
d. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use by Licensee of
the Crossing for the contracted purpose, Licensee, at its sole cost and expense,
shall obtain all necessary permit(s) or certificates) of approval from any
Federal, State, or local public authorities having jurisdiction over the Crossing
or its intended use and, to the extent required by State law, shall thereafter
observe and comply with all applicable requirements of such public authorities,
and all applicable laws and regulations and future modifications thereof,
including any state "One Call" - "Call Before You Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such
permit(s) or approval(s), for any violations thereof, or for costs or expenses
of compliance or remedy.
S. MARKING AND SUPPORT:
511 With respect to any subsurface installation upon Licensor's property,
Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed of Licensor, in a manner
satisfactory to Licensor;
(16, b5
CSXT Form 2, -G - page 4
Revised April 1993 4
Agreement No, CSX- 027139
(B) Backfill with satisfactory material and thoroughly tamp all
trenches to prevent settling of surface of land and roadbed of Licensor; and
(C) Either remove any surplus earth or material from Licenser's
property or cause said surplus earth or material to be placed and distributed at
location(s) and in such manner as Licensor may approve.
5,2 After .construction of Wireline, Licensee shall:
(A) Restore any track(s), roadbed and other property of Licensor,
disturbed by construction; and
($) Remain one(1ib year subsequent l to disturbed track(s) installation.
or roadbed for a period of one (1) y
6. TRACK CHANGES:
6.1 In the event that Licensoe's rail operations and /or track maintenance
result in changes in grade or alignment of, additions to, or relocation of
Licensoe's track(s) or other facilities, or in the event future use by Licensor
of right -of -way and property necessitate any change of location, height or depth
of Wireline or Crossing, Licensee, at its sole cost and expense and within thirty
(30) days after notice in writing from Licensor, shall make changes in Wireline
or Crossing to accommodate Licensoe's track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make
such changes at Licensee's cost.
7. WIRE CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height
of Wireline or Crossing in relation to Licensoe's tracks and facilities, and
shall relocate Wireline or change Crossing, at Licensee's expense, should such
relocation or change be necessary to comply a minimum clearance
requirements of this Agreement or of any p ublic
7.2 If Licensee undertakes to revise, renew, relocate or change in all
or any part of Wireline (including any change in voltage or gauge of wire), or
is required by any public agency or court order to do so, 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.
8. INTERFERENCE WITH RAIL FACILIVES:
8.1 Although the Wireline /Grossing herein permitted may' not presently
interfere with Licensor 's railroad or facilities, in the event that the
operation, existence or maintenance of said Wireline, in the reasonable judgment
of Licensor, causes: (a) interference (including, but not limited to, physical
interference, interference from an electromagnetic induction, or interference
from stray or other currents) with Licensoe's power lines, communication, signal
or other wires,
any manner ithetheo
(b) operation, maintenance or use by Licensor
CSXT Ferm 2213 -C - Page 7
Revise. April 1993 ¢
Agreement No. C5X- 027139
11.2 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration, change or removal of said
Wireline, to place watchmen, flagmen, inspectors or supervisors at the Crossing
for protection of operations of Licensor or others on Licensor's right -of -way,
and to keep persons, vehicles and equipment away from Licensor's crack(s),
Licensor shall have the right to do so at the expense of Licensee, but Licensor
shall not be liable for failure to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating
Rules and labor agreements, Licensee may provide such flagmen, watchmen,
inspectors or supervisors, during all times of construction,, repair, maintenance,
replacement or removal, at Licensee's sole risk and expense; and in such event,
Licensor shall not be liable for the failure or neglect of such watchmen,
flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor
to accommodate Licensee's continued use of Licensor's property as a result of
Track Changes or Wire Changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ( "force account work ") and materials for
any work performed at the expense of Licensee pursuant hereto shall be paid by
Licensee within thirty (30) days after receipt of Licensor's bill therefor,
subject to Licensee's budgetary rules.
12.3 Such expense shall include, but not be limited to, cost of railroad
labor and supervision under "force account rules ", plus current applicable
overhead expenses, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, force account insurance, and vacation allowances for
Licensor's employees, the actual cost of materials, and insurance, freight and
handling charges on all material used. Equipment rentals shall be in accordance
with Licensee's applicable fixed rate(s).
12.4 All undisputed bills or portions of bills not paid within said thirty
(30) days shall thereafter accrue interest at twelve percent (12X) per annum,
unless limited by local law, and then at the highest rate so permitted. Unless
Licensee shall have furnished detailed objections to such bills within said
thirty (30) days, bills shall be presumed undisputed.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this
Agreement shall be deemed of the essence thereof, and in the event Licensee fails
or refuses to fully and completely perform any of said covenants or to remedy any
breach, within thirty (30) days after receiving a written notice from Licensor
to do so (or within forty -eight (48) hours in the event of notice of railroad
emergency) , unless such work cannot be completed within said time period but
Licensee has commenced and is diligently prosecuting such remedy, Licensor shall
have the option of immediately terminating this Agreement, and of revoking the
privileges and powers hereby conferred, regardless of license fee(s) having been
paid in advance for any annual or other period. Upon such termination, Licensee
shall make removal in accordance with Article 14.
`15 -�5
CSXT Form 2211 -C - Page 8
Revised April 1993 q
Agreement No. CSX- 027139
13.2 No waiver by Licensor of any breach of covenant or condition shall
be construed as a permanent waiver of such covenant o covenant or condition, it ais
subsequent breach thereof, unless such breach,
permanently waived by Licensor in writing.
14, TERMINATION, REMOVAL:
14.1 All rights which Licensee may have 'hereunder shall agreement, toe
date of: (a) revocation, (b) termination, (c) q a g
(d) Licensee's removal of Wireline from the Crossing. However, neither the
revocation nor termination of this Agreement shall affect any claims and
liabilities which may have arisen or accrued hereunder, and which at the time of
termination or revocation have not been satisfied; neither party, however,
waiving any third party defenses or actions.
14,2 Within thirty (30) days after revocation or termination,
Licensee,
at its sole risk and expense, shall (a) remove Wireline from the right -of -way of
Licensor, unless the parties hereto agree otherwise, (b) restore property of
Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any
loss, cost or expense of Licensor resulting from such removal.
16. NOTICE:
15.1 Licensee shall give Licensor's Division Engineer (5656 Adamo Drive,
Tampa, FL 33619 -3240) at least five (5) days written notice before doing any work
on Licensee's right -of -way, except that 'in cases of emergency shorter or
immediate notice may be given to said Division Engineer.
15.2 All other notices and communications concerning this Agreement shall
be addressed to Licensee at the address above; and 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.
15.3 Unless otherwise expressly stated herein, all such notices shall be
in writing and sent via Certified or Registered Mail, Return Receipt Requested,
or by courier and shall be effective upon (a) actual receipt, or (b) date of
refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privilege of Licensee only, and
Licensee shall obtain Licensoe's prior written consent to any assignment of
Licensee's interest herein; said consent shall not be unreasonably withheld.
16.2 Subject to Sections 2.2 and 16.1, this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective
successors or assigns.
16,3 Licensee shall give Licensor notice of any legal succession (by
reorganization, etc, ) or other change of legal
documents attesting to such change or or status of License, with a copy legal
succession, within thirty (30) days thereof.
CSXT Form 2�-s-C - Page 5
Revised April 1993 1
Agreement No, CSX- 027139
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 take such remedial action or make such
changes in its Wireline or its insulation as may be required in the reasonable
judgment of the Licensor to eliminate ail such interference. Upon Licensee's
failure to remedy or change, Licensor may do so or contract to do so, at
Licensee's sole cost.
8.2 Without assuming any duty hereunder to inspect Licensee's Wireline,
Licensor hereby reserves the right to inspect same and to require Licensee to
undertake repairs, maintenance or adjustments to Wireline, which repair,
maintenance or adjustments Licensee hereby agrees to make promptly, at Licensee's
sole cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is
hereby agreed that:
9.1 Licensee hereby assumes, and, to the fullest extent permitted by
State law (particularly but not limited to Constitutional or Statutory Sections
shall defend, indemnify and save Licensor harmless from
and against any and all liability, loss, claim, suit, damage, charge or expense
which Licensor may suffer, sustain, incur or in any way be subjected to, on
account of death of or injury to any person whomsoever (including officers,
agents, employees or invitees of Licensor), and for damage to or loss of or
destruction of any property whatsoever, arising out of, resulting from, or in any
way connected with the construction, presence, existence, repair, maintenance,
replacement, operations, use or removal of Wireline or any structure in
connection therewith, or the restoration of premises of Licensor to good order
or condition after removal, EXCEPT when caused solely by the fault, or negligence
of Licensor.
9.2 Use of Licensoe's right -of -way involves certain risks of loss or
damage as a result of Licenser's rail operations. Notwithstanding Section 9.1,
Licensee expressly assumes all risk of loss and damage to Licensee's Wireline or
Property in, on or over the Crossing, including loss of or any interference with
use thereof, regardless of cause, including electrical field creation, fire or
derailment arising out of from Licensoe's rail operations. For this Section, the
term "Licensee's Property" shall include the Wireline and property of third
parties situated or placed upon Licensoe's right -of -way by Licensee or by such
third parties at request of or for sole benefit of Licensee.
9,3 Notwithstanding Section 9.1, Licensee also.expressly assumes all risk
of loss which may result from Licensee's failure to maintain either the Wireline
or the required clearances for any overhead Wireline,
9,4 Obligations of Licensee hereunder' to defend, indemnify and hold
Licensor harmless shall also extend to companies and other legal entities that
control or are controlled by or subsidiaries of or are affiliated with Licensor,
and their respective officers, agents and employees.
9"), %5
CSXT Form 2211 -C - Page 6
Revised April 1993 g
Agreement No. CSX- 027139
9.5 If a claim is made or action is brought against either party, for
which the other party may be responsible hereunder in whole or it hart, such
other party shall be notified and permitted to participate in the ndling or
defense of such claim or action.
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Licensee shall procure, or require any
contractor(s) which Licensee employs for any construction, repair, replacement
or removal to procure, and maintain during the course of such work, at Licensee's
or contractor's sole cost and expense, a policy of Commercial General Liability
(CCL) Insurance, naming Licensee as insured and covering liability assumed by
Licensee under this Agreement, with 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.
10.2 If said CGL 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. If said CGL policy is written
on a "claims made" basis instead of a "per occurrence" basis. Licensee shall
require its Contractor to arrange for adequate time for reporting losses.
Failure to do so shall be at Licensee's sole risk.
10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee,
pursuant to State Stacute(s), may self- insure or self- assume, in any amount(s),
any contracted liability arising under this Agreement, under a funded program of
self- insurance, which fund will respond to liability of Licensee imposed by and
in accordance with the procedures established by law.
10.4 Securing such insurance shall not limit Licensee's liability under
this Agreement, but shall be additional security therefor.
10.5 In the event that Licensee or its agents or contractor(s) shall
perform construction or demolition operations within fifty feet (501) of any
operated railroad track(s) or affecting any railroad bridge, trestle, tunnel,
track(s) , roadbed, overpass or underpass, Licensee shall (a) notify Licensor and.
(b) pay to Licensor the sum of TWO HUNDRED TWENTY FIVE AND 00/100 U.S. DOLLARS
($225.00), to cover the cost of adding this Occupancy (Crossing) to Licensor's
Railroad Protective Liability fRPL) PolioY for any period of actual construction
or demolition.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee, or
any contractor of Licensee, to move any vehicles or equipment over tr.ek(s) of
Licensor, except at public road crossing(s), without separate prior written
approval of Licensor (CSXT Form 7422).
CSXT Form 2213 -G - Page 9
Revised April 1993 q
Agreement No. CSX- 027139
16.4 Licensee expressly reserves the right to pledge, hypothecate or
collaterally assign this Agreement, in whole or in ;art, to any grantee or vendee
of Licensee's underlying property interests in the Crossing, upon written notice
thereof to Licensor.
16.5 in the event of any unauthorized sale, transfer, assignment,
sublicense or encumbrance of this Agreement, or any of the rights and privileges
hereunder, Licensor, at its option, may revoke this Agreement by written notice
to Licensee or any such assignee; and Licensee shall reimburse Licensor any loss,
cost or expense incurred by Licensor as a result of Licensee's failure to obtain
said consent.
17. TITLE:
17.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Wireline, nor shall
the exercise of this Agreement for any length of time give rise to any right
title or interest in Licensee to said property other than the license herein
created.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached Specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or
provision included herein by reference, shall operate or be construed as being
for the benefit of any third person.
18.3 Neither the form of this Agreement, nor any language herein, shall
be interpreted or construed in favor 'of or against either party hereto as the
sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law.
However, each separate division (paragraph, clause, item, term, condition,
covenant or agreement) herein shall have independent and severable status for the
determination of legality, so that if any separate division is determined to be
void or unenforceable for any reason, such determination shall have no effect
upon the validity or enforceability of each other separate division, or any other
combination thereof.
18,5 This Agreement shall be construed and governed by the laws of the
state in which the Wireline is located.
19. RICERS:
The following Rider(s) is /are herewith attached and included herein:
) Open -cut or tunneling construction limits
CXj Telecommunication Cable or Fiber Optic line
95'-85
CSXT Form 22i..? -C - Page 10
Revised April 1993 It
Agreement No. CSX- 027139
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) as of the date and year
first above written.
Witness for Licensor: CSX TRANSPORTATION, INC.
By
Print /Type Name:
Print /Type Title:
Witness for Licensee: CITY OF CLEARWATER, FLORIDA
By:
Print /Type Name:
Print /Type Title:
Authority under Ordinance or
Resolution No. , dated
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COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
1, 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 first giving at least
thirty (30) days written notice to the following Parallel Cable Occupier(s):
Mr. Greg Solomon
R & U Planning
MCI Telecommunications Corporation
400 International Parkway.
Richardson, TX 75081
Dept. 1187/041
Phone No. (800) 624 -9675
(NOTE: 'WRITTEN CONSENT OF MCI IS ALSO REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general
plan, elevation, details and methods of Licensee's proposed construction, and the
location of Occupier(s)' cable or facilities in relation to Licensee's proposed
construction.
3. Prior to any construction, Licensee must locate and identify, any
existing cable, wire or fiber optic line (including any appurtenances thereto)
of said cable occupier(s) traversing or located in, on, or immediately adjacent
to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection of wire(s),
cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall
be at Licensee's sole expense except as otherwise negotiated between Licensee and
said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to
(e.g., cutting, dislocating, etc.) said wire(s) or cable(s) , and appurtenances
thereto, resulting in any way from Licensee's exercise of rights or privileges
under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any
such damage claims and any relocation or protection costs of said Occupier(s).
Licensor:
(Initial) (Date)
Licensee:
(Initial) (Date)
CSX 7454
Rev, 07 -Z4 -1995
APPLICATION FOR WIRE OR CABLE LINE CROSSING Of PROPERTIES AND TRACK
(For RR Ilse) Division 1tc�• -- subdivision (i/N.�AP�/ +� VaL Set. (blap}
feet from milepost
Location: — - from
and plans must be approved and written authority received from the Railroad Company before construction is
begun. Proposal and construction Original and cc with
ofYboth applicauonnand drawing should bet submiftt d o.'
and any governing Paws or regulations.
CSX Transportation, Property Services J180, 500 Water Street, Jacksonville, FL 3220
1. Complete Legal Name of applicant: Cit of Clearwater Title: city En ineer
Company officer Name: - Richard J. 8ai er Fax. ( 8` 13 J_ 462 —
Telephone: ( 813 1 462 -6970 State: FL Zip: 34618 -4748
2. Address: Box 4748 City: Clearwater ----
Co oration, (State in which
3. Type of Business: Individual, Developer, X Municipality, rp
incorporated:��), Partmership, (type of Partnership
4. Location: 1350
feet, north direction from Railroad Milepost SY 875
Valuation Station of Crossing if Known: ginellas Val. Map No. State: F1_ o� rlda
Clearwater County:
S. Town: 36 '
6. Total length within Railroad Right -of -Way
7. Angle of crossing: 90*- 1 dumber of pole lino crossed N/A 8. Number of Railroad Company's tracks to be crossed Telephone, Communications,
9, Type of Crossing: Electric, CAN,
X Other: (Explain) Fiber optic com uter and control lines -
No. of Phases �—
10. Alternating Current, Voltage ____�� Amperes
H. Direct Current, Voltage aluminum, �_ftbcr optic
b Conductor Material: copper,
12. Conductors: (a) Number O Maximum current
13. Maximum voltage Height of wire supports above ground level
14. Maximum fault to ground current Outside diameter; l8 - " Wall thickness: 312
15. Encasement Material, if applicable_ Steel Fsid _�,, Sag in Spans at 60 °F NIA -
16, Height of wires above top of rail at 60 °F N/A - Feet
17. Height of wires above Railroad communication and signal wires at 60 °F N/A
19. Bury: Base of rail to top of casing S' fi
19. Bury: On R/W but not beneath tracks
20. Bury: Below roadway ditches. N/A - Size False dead ends ��-
21. Type of wire supports NIA
22 Number of poles to be Located on Railroad Company's r:glrt of•way feet
23. Distance from butt of pole to nearest rail of track:
24 Give approximate horizontal distance from Railroad communication and signal wires: N/A
25. If additional wireline attachments or revisions are to be made to an existing agreement, please advise agreement
number and dater N/A s tracks anywhere? No
26, Will line run parallel or approximately parallel to Railroad Company es ", show name, road number and Right•of-
27. Will line be located in public road Right -of -Way? Yes (If'y
Way on print). DOT /AAR Crossing No.
If application is approved, applicant agrees to reimburse CSXT for any cost incurred by CSXT incident to installation, assume a
maintenance, and/or a result Itissinstal � on`h'Nonstrefutndable pplicationeFed�n he amountfoftS200.00aisG attached.
injuries which
1
106/95 ication
Date ,g �/ Ibl -7a t? Signature & c of seer bfaking APp+
(,/ f Eng. 8( 13 ),-462 -694.2
Please Type or Print: Richard J. Baier, Cicy Telephone Number
Nance Titic
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