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97-14. � r-.. ��r:� � R�aSOLUTSON NO. 97-14 �a ��O%.tJTZO:I OF '1HE CITY OE' CLFJ�RWATPR, FY.ORIDA, d�UKiiO�ZZ13� R'F� .�PE�AOPRIATE CYTY OiFICI]i1L8 TO EXECUTE 1� "PI�LIfiiE CROS38AYf3 AQ3F,F,ME�IT�' (A�T NO. C3X-028319) KlTFi CSX �SPO�tTA.TIdN� INC. , FOR Ti� �TSTAL7d►TZOTI ]1ti9 NQ�INTa1ANCE OF A 22 INCFY POTABLE Y�TER LENE FTITHIN A 24 INCfi STE,�Ie CASYt7C3� CR4SSYYdCi Tf�.' RAILROAD RI(iHT-OE-ia.Y F1I,OY3f3 TH� iiE3T SSDE OF HIGHLATID AVII3[JE; PRC1�dIDiNO al21 EE�ECZY� UAT�. W[�RS, the City of Clearwater has found it necessary to relocate its 12 inch potable water line within a 29 inch steel casing within the CSX r3ght-of-way and underneath the tracts of CSX Transportation Inc.; and SriF�REAS, an appropriate agreement has been preparedt BE TT �SOL�IED �X Ti� CIT3t COAII+ITSSEON 0£ THE CI�X OE' CE,F1�RSr`�ATk�Z� EZQRIDA: Section 1. The Mayor and the City Clerk are hereby authorize to execute the Pipeline Crossing Agreement with CSX Transportation Inc., a copy ot which is attach�:d hereto, foz the purpose of replacing its 12 inch patable water line within a 24 inch steel casing across the CSX right-of-way and underneath the tracts of CSX Transportation Inc., along the Hiest side of Highland Avenue, in CZearwater, Florida, as is more particularly described in said agreement. Sectian 2. This resolutian shall take effect i.n¢nediately upon acloption. `� Pk1.SSED AND ADOPi�D this ��th day of �rch ,�997. � ta Gazvey � ''` ' Mayor-Commissioner � 1-.1�.,.-_ C is E. Goudeau � Cit Cle�k CSX RESOLUTION 97-19.VIJS APPROVEI} A5 TO FORMe �� — � John Carassas, Assti. City Attorney � � --., CSXT Form !7-G - Page 1 Revised January 1997 � Agreement No. CSX-028318 PIPELINE CROSSING AGREEMENT THIS AGREEMENT, Made as of February 20, 1997, by and betweea CSX TRANSYOATATYON, INC., a Virgini.a cor�ioration, whose mailing address is 500 Water Street, 3acksonville, Florida 32202, hereinafter called "Licensor" and CITY OF CLEARWATER, a municipal corporation, political subdivision or state agency, under the laws o€ the State af Florida, whose mailing address is Y. 0. Box 4748, Clearwater, FL 34618, hereinafter called "Licensee", WITNESSETH: WHEREAS, Licensee desixes to construct and maintain a certain pipeline or duct work; solely for the txansmission of potable water, hereinafter called "Piveline" under or across the track(s) and property owned or controlled by Licensor at or near Cleaxwater, County of PineZlas, State of Florida, at Valustion Station i277+06, Milepost SY-872.86, Clearwater Subdivision, hereinafter called the "Crossin�°; as shown on print of Licensee's Drawing JL02831�-2, dated October 1, 1995, attached hereto and made a part hereof; other details and data pertaining to said Pipeline being as indicated on Licensee's Application Farm, dated October 25, 1995, also attached hereto and made a part hereof: NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agr�ements herein contained, the parties hereto agree and covenant as follows; 9. LICEfdSE: 1.1 Licensox, insofar as it has the legal r'sght, power and authority to do so, and its presenc title permits, and subject to: (A) Licensor's p�eesent and future right to occupy, possess and use its pzoperty urithin the area of the Crossfng for any and all purposes; (B) All encumbrances, conditions, covenants, easemenCS, and limitations applicable to Licensor's title to or�rights in the subject praperty; and (C) Compliance by Licensee with �he Cerms and conditions herein conCained; does hereby license and permit Licensee to construct, maintain, r�pazz', renAw, operate, use, alter or change said Pipel.ine at the Crassing abov� sal�ly y6'L CI1°`. use stated above, for the term herein stated, and eo remove same upon terminat�on. ]„2 The term f el e. as used herein, sha12 inclti�de only the pipes, ducts, casing, vents, raanholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively Co the transmissiari usage above within the C�ossing, and as shown on attached Application Form. 1,3 Nc adc�icional. Pipeline or 41ire1ine or other facilities sha11 be � placed� allowed ar m�intained by Licet►�ee in� upon o�` alang cfie C�ossing pxcePt upan sep�rate prfor `rritCen �on§enc o� Licensor. ��r� . � ,_� � � 2. L�C�PDSE �IEE: TERlill: --� CSXT Form 203, - Page Revised January 1997 � Agreement No. CSX-028318 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 ONE HUNDRED AND 00/100 U.S. DOLLARS ($25�.00) upon execution of this A$reement. 2,2 However, Licensee assumes directly (or reimburse Licensor), any assessments levied against Licensor or said Pipeline or Crossing. sole responsibility for, and shall pay additional annual taxes and/or periodic Licensor's property solely on account af 2,3 Effectave Date of this Agreement shall be the date tirst written above. License shall be revocable only in the event of Licensee's default, as herein provided, but shall also terminate upon �a% aboveSe (b) Cremovaln of the of the Pipeline os Crossing for the purpose(s) Pipeline, 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, direc�ly or indirectly, with any part of the cost of the installatiubZic woz s 1 ro �ect�of appurtenances, and/or maintenance thereof, or foz any p P j which said Pipeline is a part. 3. �q'�l�iitU�'6Tf)P9, P4�Alh1TENANCE �4ND REPAIRS: 3.1 License� shall construct, maintain, relocate, zepaig, renew, ualit� and/or remove said Pipeline, in a prudent, workmanlike mann�r, using q y materials and complying witlit any applicable standard(�) or regulation(s) pf Licensor (A.R.E.A. Specifications) and Licensee's particular industry, ar►d/or any governmental or regulatory body having jurisdiction over the Crossing �r Pipeline. _ 3,2 Location and construction of Pipelin� shall be r�ade strictly i.n accordance with design(s) and speci€icatio �s� r11�Q�for the purpo e(s) above Licensoz, and of matexial(s) and size(s) app P recitcd. 3.3 All Licensee's work and exercise of rights hereund�r shall be undertaken at time(s) sacisfactoxy Co Licensor and so as co eliminate or minimize any impacC on oz interference with the safe use and operation of Licensor's track(s). 3,4 In the installation, maintennnce, r�pair and/or removal of said Pipeline. Licensee s1�a11 not use explosives of any type or pez'form or cause any blasting without the separaCe express writCen consent of Licensot. As a candiCioa to such consent, a represenCstive wfll be assigned by Licensor �o �onftair 'blasring� and LicenSCe shall reimburse i.icensor for Che enci�c cns� and/oY expense of furnist�fng said monitor. ��i� . .--� . . • ^--1 CSXT Form 2037-G Page 3 Revised January 1997 � . Agreement No. CSX-028318 � 3.5 Any repairs ox maintenance to Pipeline, whether resulting from acts af Licemsee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be �ade by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the �eed 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 tepair or renewal of the Pipeline, and if the same is not performed, �ay c�ake or contract to make such repairs or renewals, at the sole risk, cost and expense of Licen§ee. 3,7 Neither the failure of Licensor to object to any work done,r�naterial 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 liabili�y ox responsibility by Licensor, or as a waiver by Licensor of any�of the obligations, liability and/or responsibility of Licensee under this Agreement. 3,$ Licensee hereby agrees to reimburse Licensor any loss, ca5t or exgense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make or £rom improper or inaomplete repairs or maintenance of Pipeline. � 4. PERMITS, L.��AtSES: 4,1 B�fore any work hereunder is performed, oz beiore use of the Crossing for the contraeted purpose, Licensee, at its sole cost and �xpense, shall obtain all necessary pexmit(s) (including but not limited t9 zoning, building, conscruction, health, safety or environmental matters), letter(s} or certificate(s) of approval. Licensee expressly agrees and war.zan as tYO al(s)hand conform a�rd limit its activities �o the terms of such permit(s). PP authorization(s), and sha11 comply with all applicable ordinances, rules, xegulmtions, requirements and laws of Any goverrunental authority (state, fe�eral ox lncal) havingjurfsdiction ovsr Licensee's activities, i�cludin& the locat:Lon, cont$ct, excavation and protection regule�iai ��f ndp St te "On�aCzllf�t�GaZ1 Health Act (OSHA) (20 CFR 1926.651(b), $efore You Dig" requiYement�. t,,2 Licensee assumes sol.e rESponsibility fos £ailure to ob�ain such permit(s9 or approval(s), for any violations thereof, or for cast� or exgenses of compliance or temedy. 5. MARKING AND SUP�POETT: S.1 1�ith respect to attiy subsuY£ace f�tseallaCion upan Licpnsor's property. 1.icenseo, at its sole cost and e�pense, strall: (Aj 5uppor� C�ac�CCs) and tt�acibed af i.icensor, in a u�nnet sa�i�fmctory ea Licenso�; �� '�, CSXT Fora 2037- � Page 4 Revised January 1997 @ Agreement No. CSX-0283Z8 (g) Backfill with sacisfactogy material and thoroughly tamp all trenches to prevent se�eling of surface o£ land and roadbed of Licensor; and (C) Either re�ove any surplus earth or material from Licensor'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 Aftex construction of Pipeline, Licensee shall: (A) Restore said track(s), roadbed and other disturbed praperty of Licensor; and (B) Erect, maintain and periodically veriiy che accuracy of aboveground markers, in a form �pproved by Licensoz, indicating the location, depth and ownership of Pipeline or related facilities. 5.3 Licensee shall remain responsibl� for any settlement of the track(s) or roadbed for a period of one (1) year subse�uent to completion of installation. 6. TRACK CNANGES: 6.1 In the event that Licensor's rail operations and/or track maintenance result in changes in grade or alignment o£, additions to, or relocation of Licensor's track(s) or other facilities, or in the event future use by Licenso� nf xight-of-way and property necessi�ate any change of location, height or depth of P3peline or Crossing, Licensee, at its sole cost and expense and within t�irty (30) days after notice in writing from Licensor, shall make changes in Pip�lisse or Crossing to accommadate Licensor'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, pIPE CHO�NGES: 7.1 Licensee shall periodically wonitor and v�rify ehe depth or height of Pipeline and Crossing in relation to Licensor's t�acks and faCilizies, and shall relocate Pipeline or change Crossing. at I.icensee's expense, should such relocation or change be necessary to c4mply with the minfa�u� clr�arance requirements of this Agreement or o£ any public authority. 7,2 Yf Licensee t�ndertakes to revise, renew, xe7.ocAt� or ch�nge ali or any part of Pipeline {including any change fn circum£erence, dia�eter or radius o£ pipe or carrier pipe, change in operating pressure, or change in ceaterials txansmitted in and throug`in said pipe), or is required by any public agency or court order to do so. plans therefor shall be submitted tu Licensor for approvnl before any such change is made. After approval khe ter�s and conditions a£ tHis Agree�eat shall apply thereto. �-�� . . ' ^� '�' CSXT Form 2037- • Page Revised January 1997 � Agreement No. CSX-028318 8. iNTERF�R�@�C� tiNiTH �AIL FACId.ITIES: 8.1 Altho+agh the Pipeline/Crossing herein permitted may not presently interfere with Licansor's railroad operacions or facilities, in the event that the operation, .::xistence or maintenance of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or otherwise) with Licensor's communication, signal or ather wires, powerlines, train control system, or £acilities; or (b) interference in any manner with the operation, maintenance or use hy Licensor of'its right-of-way, track(s), structures, pnle lizse(s). devices, other property, or any appurtenances thereto; then and in �ither event, Licensee, tipon receipt o£ written notice from Licensor of any such interference, and at L'acensee`s sole risk, cost and expense, shall promptly take such remedial action or make such changes in its Pipeline or its insulation or carrier pipe, as may be required in the xeasonable judgment of Licansor to eliminate all such interference. Upon Licensee°s failure to remedy or change, iicensor may do so or contract to do so, at Licansee's sole eost. g,�' Without assuming any duty hereunder �o inspect Licensee`s Pipeline, Licensor here6y reserves the right to inspect same and to require Licensee to undertake necessary repairs, maintenance or adjustm�nts to Pipeline, which License� hereby agrees to make promptiy, at Licensee's sole cost and expense. 9. RBSIt; �.IABlIiTY,1NDEMtdI'T1': � With respect to the xelative risk and liabilities of the parties, i.t is hereby agre�d that: 9,1 Licensee hereby assumes, and, to the fullest extent permieted by State law (Conseitutional or Statutary, as amended), shall defend, indemnify and save Licensor harmless from and againse any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any wag be subjected to, on account of death of or injury eo any person whomsoaeer (including officers, agents, employees or invitees af Licensor), and £or damage • to or loss of or destruction of any property whatsoever, arising out of, . resulting from, or in any way connected with the cons��uctian, prPsance, exisCence, repair, maantenance, replacement, operations, use or zemaval o£ Pipeline or any structure in connection therewith, or r�storation of premises Qf Licensor to good order or condition aftez removal, F�CEPT when c:aused solely by the fault or negltgence of Licensor. 9,2 Use of Licect3or's right-of-way involves certain risks of �.oss or d�mage as a result of Licensoz''s rail operations. �lotwithsCanding Sectiion 9.1, Licestsee expressly`assumes g11 tisk o£ loss and damage ro Lic�nsee's ProperCy oz Pipeline fn, on, over ar under the Occupancy, inc2udtn� loss o£ or gny inte�ference vith use thereo£� regardless o£ cause, including electziaal ff�lsl crQati.on, fire or da�rai;In�n� aristng out nf Licenso�t's �rsil, oprratio»s. For t�is 5c�tian. the tierr� "I.ic�nse�'� 1'ropetit}r" sha11 in�lude pipe �cn��ti�� as we�.l �� pitop@rey of third p�rti�� situaeed ar plgaed upon i,icen�ar's �ight-of-uay by ii�ens�e o� by suc1� tthi�d p�Y�fes ati ��qugs� �� ` fot ben�fiC o� Lieen�pe. � ��/ / � � CSXT Form 203� - PaBe ' Revised January 1997 � Agreement AIo. CSX-028318 g,3 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which may result £rom Licensee'� failure to maintain either the Pipeline ot the required depth and encasement for Pipeline. 9.ca To the extent permitted by State law, as above, Licensee assumes all responsibility fos, and agrees to de£end, indemni€y and hold Licensor harraless from: (a) a11 claims, costs an@ expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollutiox� of air. water, land and/or ground water on or off the Crossing area, arisin� fro�c or in connection with the use of this Crossing or resulting from leaking, burstirsg, spilling, or any escape of the material trans�itted in os throu�t� said Pip�line; (b) any claim nr liability arising under £ederal or seate law dealing with either such sudden or nonsudden pollution of aix, water, land and/or ground wa�er arising therefrom ar the remedy therea�; and (c) any subsidence or failure oF lateral or subjacent support of Licensor's tracks arising from such Pipeline leakage, etc. 9.5 Obligations of Licensee hereund.er to defend,'indemniiy and hold Licensoz harmless shal]. also sxtend to companies and oEher le�al entzties that control or are controlled by or subsidiaries of ox are affiliated srith Licensor, and their respective officers, agents and employees. 9.6 If a claim is made or action is brought against either parzy, for which the other party may be responsible hereunder in vhole or in part, such othex party shall be notified and permitted to participate in the handling or defense of such c2aim or action. 10. INSURANC�: 10.L Prior to commencement of surveys, construction or occupation of Crossing pursuant to this Agreement, Licensee shall pracure, and shal.l maintain during che continuance of this Agreement, at Licensee's sole cost and expense, a policy of Gommercial General Liabilitv Insurance�� naming Licensqr as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit oi not less than THREE MILLION BOLIARS ($3,Q00,000) Combined Single Limit per occurrence for bodily injury lbabiliey and property damage liabiliey is currently recommended as a pruden� iimit to proeec't Licensee's assumed obligations. 10.2 If said CGL policy does not auCOmAtfcaliy eover I.icensee's contractual liability during periads of survey. construction, �aintenan�� s�rtd aontfnued occupation, a speciffc endotsemene adding such cover��e shall be purchased by Licensee. If said CGL policy is raricCece �n a"cXai.ms Qads" 'ua5is ins�ead o£ a"per occurrence" basis. Licensee shall arrang� for adequate Cime for reporCing losses. Failure ta do so shall be at Licensee's sole risk. 10.3 tdoCwithsras�ding the p�ovisfans �£ 5eecions 10.L �nct 10.2, L�.a�nsee� pu�su�nt ta 5tate 5tatute(st) � may s�liyinst�re or. scl�-asstue�, irt at�y adourst(sy, �ny contr�c��c� liabilitty arising under thi� Ag�e��eewt. under �t futtdad pi�ag��► tf� ��1f-3nsui�an�ei +whf�h £und �ti11 �espac�8 Ca iiabilicy oE Licetispe iaposed �S� �nd in acce�td�n�e +�i+ci� ch� p�n��du��s establish�d by lsi�+• �� . , � . ,,..� �.,. CSXT Foro 203:i . - Page Revised January 1997 � Agreemenc No. CSX-028318 10,4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shali be additional security therefor. �d,5 In the even� that Licensee or its agents or contractor(s) shall per�orm construction or demolition operations within fifty feet (50') of any operated rail�oad traak(s) or affecting any railroad bridge, trestle, tunnel, track(s);,.roadbed, overpass or undexpass, Licensee shall (a) noeify Licensor and (b) pay to Licensor the sum of 'fW0 HUNDFtED FIFTY �4ND 00/100 U.S.DOLLARS (§250.00), to cover the cost of adding this Occupancy (Crossing) to Licensor's � Railroad Pratective Tiabilitv (RPL) Po4icv for any p�riad of actual construction or demo7.itinn. 79. f�FWD� GE�OSSIN�"a�: �ta4Ge91PEG: 11.1 Nothing her�in contained shall be construed to permit Licensee, or any contractor of Licensee, Co move any vehic2es or equipment over �rack(s) of La.censor, except at public road crossing(s). without s2parate prior wriCten approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during the progx'ess of any construatiom, maineenance, repair, renewal, alteration, chan$e or removal of said Pipelins, to place watchmen, flagmen, inspectors or supenrisors at the Grossing ¢or grotectian o€ operations of LiGensor or Qthers on Licensor's right-of-way, and to kee� persons, equipmene and materials away fra�a Licensar's track(s), Licensor shall have tlxe zight to do so at the expense of I.iaensee, but iicensor shall not be liable for failure,to do so. 11.3 Subject to Licensor's consent and L-o Licensor's Railroad Operaeing Rules and existing labor agreements, Licensee may provide such flagmer., watchmen, inspectors or supervisors, during all tiraes 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 £ailure or neglect of suc'h watchmen, flagmen, inspectors or supervisors. 92. L9CENSOft'S COSTS: 12.1 Any additional or alternative costs ar expenses incuzsedlsy Licensor to acea�modate Licensee's continued use of Lic�nsur's property as a r�sulc of Track Changes or Pipe C'nanges shall also be paid by Licensee. 12.2 Licensor`s expense for vages ("£orce acao�nt' work} �nd m�Gerials fo� �ny vozk performed at the expense of License� pursuant he�'eto shalL be paid by Liceesee Within thirty i30) days afte� receipt o;E Licensor's bill therefor, subj��e ta Lic�t�se�'s budgetary rules. 17�3 Such e�ipensp s�e11 include, tsut nve bc limited Ca, cos� of raiZraad labotr ar�d �ttpervisi�n under "fbtrc� ae�oun�" ru�les, plus cur��nt applicable r�ver�+ead p�tr�ent�ges, the ac�iia�. cos� �sf t��t��ria�ls. �nd i�sutanCe, �r�tgh� and hand�ir�y ��a�cge� �n �s11 �t�ci�l� u�sed� �qufp�t�t �ent�l� �ha��1 b� iti $c��dance � v#,�cb L.��ehsar'� �pplf�cable �i�ied �t�tte(��. � �: s `� � CSXT Form 2037 - Page 8 Revised January 1991 � Agreement No. CS}C-028318 � g2,4 E�21 undisputed bills or portions of bills not paid within sae� annwny (30) days s�►all thereafeer accrue interest at tweive percent (12X) p unless limited by 1oca1 law, and then at tne hi�hesc rate so permitted. Unl�ss Licensee shall��a��i�rshalldb�epxesumedb ndi puted � such bills within said thirty (30) da §, 13. DEFAl1LT� BR�C4i, �llAiif�6t: . 13.2 Ti�e proper and complete perfoxmance af each covenant of this T Agreement shall be deemed of the esse��£e�r h a eOOg Sadd covenan�ts or to reoedy any or refuses to fully snd completely p Y breach, within thirty (30) days after receiving a written notice from LicensGr to do so (or within forty-eight (48) hours in the event of notice o€ a railroad emergency), Licensor shall have the aption of immediately revoking this Agzeement and th� privileges and powers hereby conferzed, regardless of lic�nse fee(s) }zavin� bewn paid in advance for any annual or other period. Upon such �evo�ation, Licensee sha11 make removal in accordanee with Article 3.4• 13.2 No waiver by Licensor of any breach of covenant or conditian shall not be consbTeachathereo£maunlessasuch �coven nt �or ncondition �istperm nently subsequent waived in writing by Licensor. y4. TEltflAfNATIOPJ, REPJIOVAI.: . � 14.1 All rights which Liceasee may have hexeundsr shall cease upon the date of; (a? revocation, (b) termination, (c) subsequent agreement, or • (d) Lic�nsee's removal of Pipeline from the Crossing. However, neir.her revocation nor termination of this Agreemenr shall afiect any claims and liabilities which may hav n ah�ven not abeen satisfiedr ��►e thex cparty h howeverf termination or revocatlo waiving any third party defenses or actions. - 14,2 Within thirty (30) days after revocation ot terminatian, Licensee, at i�s sole risk and expense, shall (a) remave Plpeline `b,mr� �p e8hp op@g�y pf Licensor, unless the parties hereCo agree othexwise, reimbuxse Licpn�ur any Licensor in a manner satis£actory to Licen'sor, and (c) loss, cost or expense af Licensor resulting f'zam such removal. 15. NOTICE: 15.1 ticensee shall give LicensoY's Divisio�t Engineez� (5656 Adamo Driwe, TBmpa, FL 33619-3240) at least five (5) days' wr3.Cten notiic� befo�e doing an� work or►Lic�nsot's Yight-of-v�y� excepa that in cases o£ em�rgency shorter nottce may b� gi'vcn Co said Division Engineer. 15.2 Al"� other notiites and co�unicacians concexnfng tir �: A��'�C�� add e5s b� adc��ess�ct tt� t�� t tfie address �bav� � and to L n�, � �bove: a/o C5X'� C�,n�raati Ada�ir►istra��an, J16(1, �r �ic such oche� address �as eitber � pa�tty �ay designa�� i� +��n� tn the aa�rr. � �� Sysu,4 • I . . • . ---., .-•-., CSXT Form 2037-G Page 9 Revised January 1997 g Agreement Ho. CSX-028318 15.:� Unless otherwise expressly stated herein, all such notices shall be in wriCin� and sent via Certified or Registered Mail, Return Receipt Requested, o� by courier, and shall be effective upon (a) actual receipt, or (b) date of tcefusal of such delivery. 96. Q►SSIGABlIAEPiT: 16.1 The rights herein conferred are ehe psfvilege of Licensee anly, and ' Licensee shall obtain Licensor's prior �rritten 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 sha11 be binding upon and inure to the benefit of the parties k►ereto and their respective successors �r assigns. cession b al suc ( � 16.3 Licensee shall give Licensor notice of any leg Y i �erger, con�olidataon, reorganization, etc.) or other change of legal existence or st�tus of Licensee, with a copy of documents attesting to such change or legal �!:; succession, within thirty (30) days thereof. � � 16.4 Licensor expressly xeserves the right to assign this Agreement, in I. whole o� in gart, to any grantee or vendee of Licensar's underlying prcoperty interests in the Crossing, upon notice thereof to Licensee. � 16.5 In the even� of any unauthorized sale, transfer, assignment, sublicense or encumbrance of.-chis A��Pment, or any of �he rights and privileges hereunder, Licensor, at its �?�tio�, may i�voke this Agreement by wri�ten notice Ca Licea�see or a•ny such assi.gnee; and LicenSee shall reimburse Licensor any loss, cost or expense incurred by Licensor as a result of Licensee's £ailure tn obtain said consent. 1T. TITL�; LIEfdS, ENCIlMBRAPlCES: - 17.1 Licensee shall not at any �ime own ar cl.aim any right, titie or interesC in or to Licen3or's property occupied by F.icensee's Pipeline, nor sha11 th� exercise of this Agreement for any length of tias� �ive ris� to any zight, title ar interest in Licensee to said property ather than the li�snse herein created. 17.2 Nothing in this Agreement shall be deened to giva. and L,icensor hereby expressly waives, any claia� of ownership ie� and to �ny part a� Licen�ee's Pipeline. 17.3 Licensee sha11 not cr�aCe or permiC any mortgage, pledge, security, inte�csti, Iien ot encumbrances, including withour limitation, tax liens and liens or encwabrances t�ith respecC to work periarmed or equipment furnished in �onnection vith the cdnstructions installation, repatt, maintanance ox o�sera�ion af t.icensee`s Pipeiine in or on any porCion of t"he Crossing (calleattv�ly, "Liens or Encurabran�es�j, to be esta'blished or renaitr againsC the Ctossin� o� any poYCior� chereof n� arty rftheY' Licensor propeYty. �� --� �. CSXT Foem 203� - Page 10 Revised January 1997 � Agreemen4 No. CSX-028318 � g7,ta In ths+ event that any property of Licensor, becomes subject to such Liens or Encumbranc�s, Licensee agrees to pay, c5isch�rge or remove the same promptly upc+n Licensee°s receipt af notice ehat suah Lien or Encumbrances has been fil�d or docketed against the Crossing or any other property of Licensor; however, Licensee reserves the right to challenge, ag its sole expense, the vralidity ans�/or enforceabSlity of any such Liens or Enctiunbrances. '!8. G�NEPi�L ?RO!l1510�� 1�.1 This A�reemeat, and the attached specificatioies, contains ehe entire eanderstanciing between the parties hereto. 16.2 PIeither �his Agreement, any provision hereof, nor any agreement or }�rg�i�ion included h�rein by Yeference, shall operate or be construed as being f4�' the beneiit uf any -third persnn. 1�.3 Neither the form of Chis Agreement, nor any language hexein, shall be interpreted or construed in favor of or again�t either party hezeto as the sole dr�fter thereo£. 18.4 This Agreement is executed under aurrene ix�terpretation of applicable ffede�al, state, county, municipal or other local statute, ordinance or law(s). ��wever, each separate diviszon (paragraph, alause, item, term, condition, covenant ar agreement) hereof shall have independent and severable status for the � deeezmination of legality, so that if any separate division is ci�termin�d to be void or unenfoxceable for any reason, such determinat'ion s�all h�ve no effect upon the validity or enforceability of each other separate division, or any co�b£nation thereof. �.8.5 This Agreement shall be consCrued and governed by the laws of the state in which the Pipeline and Crossing i.s located. 79. RiQERS: ' The following Rider(s) is/are herewith attached and ineluded iierein: [ j Open-cut or tunneling construction limics (X] Telecomcaunication Cable or Fiber Optic lin� � ��'mti' �� . • � --. CSXT Form 2037-. • Page 11 Revised January 1�97 � Agreemeat N�. CSX-02631II IN WITNESS 4JHEREOF, �he parties hereto have exeeuted this Agreement in ciuplicate (e$cfi of which shall �onstitute an original) the date first above wri�ten. Witness fos Lic�nsor: CSR TRANSPORTATYON, INC. sy: Print/Type Name' ' Print/Type Title' � tiitness for Liceasee: CITY OF CLEAItWATEk sy: Who, by the e�ecution hereof, affirms that ' he/she ha� the authora.�y to do so and to bind the LiceY►see to the tera+s and conditions of this Agreement. Print/T�e lNarae: Prine/Ty�;� Title• 1�.,:�' ' Tax IdentificaCion No.: . Authority un,der Ordinance or Resolution No. • dated � �'��, �r � r !� . . ' . • .�—�, ""�', � COMH9UNICATIONS CABLE OR FIBER OPTIC IiNE PROTECTION RIDER 'P� 1, No construcCion of any type pursuant or related in any way to this Agreement shall be eommenced by Licensee, or by any agent, representative, thirtyc(30) days�writtenrnotice ctosthe following Par llel Cable Occupier(s)d5t � „�g�y a � M§ . Donna Pruett MCI Telecommunications Corporation R&U Plannin� Dept. 1105/I.4C 642 Richardson, TX 75082 Phone No. (800) 624-9675 or (972) 498-b042 (NOTE: IiRITTEN CONSENT OF IiCI IS AY.SSO REQUIRED) 2, The noeice shall be accompanied by drawing(s) showing the general p2an, elevation, deCails and methods of Li.censee's proposed construction, and the Iocation of Occupiex'(s)' cable or facilities in relation to Licensee'� proposed construction.. 3, Prior to any construction, Licensee must locate and iden�ify, any existing cable, wire or fiber optic line (including any appurtenances ti�ereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent �o the proposed Crossing, at Licensee's sole xisk. '� t�, Asiy changes, alteration, relocation or pro�ection of wire(s), A csble{s) ar facilities of such Occupier(s), required by said Occupier(sj, shall be ae Licensee's sole expense except as otherwise negotia�ed between Licensee and said Occupier(s). 5. LiGensee shall be solely responsible�and liable for any damage ta • (e,g,, cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances , thereta, resulting in any way from Licensee's exercise o£ rights or privileges " undez this A�reecnent. 6, Licensee shall defend, indemnify and hold Licensox harmless from �ny ^ such danage claims and any relocation or protection costs of said Occupier(s)• u Licensor: _ (Initi�il) ��gC�% Licensee: (Inieialj �Date) �� t� . . ' . • --ti ' CSXT 7455 APPLICA770N FOR PIPELINE CROSSING UNDER/OVER PROPERTIES AND TRACK Rev. 07-20-1995 (F J- • u �` � �._ i�P? �� G � or RR Use) Aivision Subdivision ��.1 IQ'� Va1 Sec• �� Loraeion• feet 5rom milc st o �,,�p�° .? $��bt� �o� %%-d% /1/�/G�05� �'�T��G Ap�licatian and plans muse be gpproved and writtai authoriry received from the 3iailroad Company before consa�uctSon is begun. � Proposal aud cousnvction must be in accordance with CSXT's Specifications, Tire Americ�n Railway En;inariag Assaiarion Specificacions and aay govemiri, laws or regulations. Original and onc copy oQ'both appiication and drawing should be submittcd to: CSX Transgorratioa, Prapary Services J180, 500 Water S�eet, Jacksonvitle, FL 32202 1. Completc Lega! Name of applicant: City of Clearwater. Florida Company OfficerName: Mr. Terenee C. Jenning� P- Tide: f.h,•of F�oTi�,opi rp__ p�i;e,�t Telephone: ( 813 ) 562-4778 Fax;( 813 ) 4�62-6641 2. Addiess: P.O. �ox G748 Ciry: C1 earwacer State: Fl n,-i�„ Zip: �4(1 R .i. Type of business: lndividual, �,Devetopet, XX Municipality, Gorporarion, (State in ' which incorporaeed:_�, PartnershiP, (rype of Parmership ) 4, Locatioa: 700 feet northea�t (d'uectionl from Raiiraad Milepost g7q Valuazion Siation of Crossing if laiown: Val. Map No. 5. Towa: Cl arwater GO�ry: Pii'iollaa ��G: F�nriA� 6. Angle of crossing:, 26 decrees 7. Temporary track supporc or riprAppin� required? Ya No_ ._� (Dacribe and DeGtii on Dmwing) �. Wires, polns, obsuucrions to bc reiocated? Yes No xx (Descnbe aad Dexxil on Drawiai� 9: Fioduct to be conveycd P�rahle Water Flammable? Yes Na ,,Y %wperature gp. Miax, 4Vcirking Pressure 75 PSI. Field Test Pressure 1 sn PSI. Type Te� �y�roStati r 11. I.orariop of s6�ac-off valves 85 fe� �,g,i,th and 600 feer nnrfh nf rrn�air�$ 12. ?3umbcr oi manhola locaaed on Railroad ki�ht-of-Way: 13. PiPE SPECIFIGATIONS: CARRIER PIPE: CASLNG PIPE: jyjateyy'�1 Ductil� Iron c*Aa1 , Mateflal Specificarions & Grdde AWWA G I51 ASTM A-139 tulfinimum Yield Sceaath of Mazerial PSI 42.000 _ _ 35.000 L�side TJi2�-ne::. �� inches 23.38 3nches Mall Thicl�ess 0. 34 in, 0. 31'L in. Quuide Diamecer 13.2 zn. 2G.00 inches Type o; Seam seam•less welded Kinc of Joinu gs�sh-an velded Totai Lengsh Within Railroad R.i�ht-of-Way 142 feet — 13U feet Venes: Numbe: *tone Siz- hJA Hei�t above �oe:nd hJA Seals: $oth ends PSI ModQa ",�'_' seal (rubher) One end t�/A __ Bw}: 8ue of tail to top of casing_�,_feet, _�inches, Bury (Not beneath tr�c�:s 5 fe:t, 6 inea� ' $ury: (B�low Roadway ditches) ,�, fc�t, 0 inches CATHODIC PROTECTION: Ya No xx PROTEC7Nc GOAiTNG: Ya Nn xx kind i4. Method of installation J,�cY S Bore - I5. if application is � revision to an existin; aPreemant, give a�eement number and dace: Ido 16. Wil) pipe be located in limits of public road Ribht-of-Way? Yes____ xxx ?30 • I; 'ya", show the roac right-of-way on print. D07lA�R Crossing No. HiQhland Ave. 626826-V HP $72.8 If appliation is �pproved, appliant agrees to rei-nburse CSXT for an� eost incur,ed b;� the Ftxilroad incidrnt to installatior. mxintrnanee, and/ot snpervision necasitated by this pipeline installapon and further a�cG. tn nss�:mc allliabiliry for accideat� c injuries whieh arise at � rault of this instailation. Shauld open eut installation �t requiredt applieui[ will tx responsible %t alf casc incurred by CSX7" to remove uid re'uistalf rail and incidental track resurfacing. Non-refuodable Applitation Fec in the amount c �� 5200.00 is nttachtd Dat: L:s�.! h t:l�� !� � '7 ype �t' Signanire dt rtle ai afiiter ��lcusg Applica#ior, � ` O P i° :'O aia r g�,o. e a°a a n o i� �.m w° s Y Y M � 1 � � � � � M Y �► Q O► C J l a m y `o` ' 4 O� W J � ► �< B3 �� Y< ' � `►0 • »$;. � �� m°�°e Y O�� aQ p � � 0 �; 0 � R L W O � Y r � O w � W Vl Z� O � ►- c�✓1 � � Q � a � c°i o� Q � � W > °�1 � o �° � � o zz � `' � _ � a ° � w t � W � � � � N W Z > � W N < J � Q J Q � � W � V � � Z t� a P Z J � J p e�oi � E`� U' F- V ° n� o � 0�'G v p � 0 N a 0 Q' R C 2 Y i9 �lf �d �/ � � � V . w � W � t) A3naans � a a O O o w o o u U; E ,• � � . � O . �r � N � � � � 1 y 1� J J l � � Z ," ( a ' � z, i � � � ,_ � ' I S .�' �� i �: i ` M��