HomeMy WebLinkAbout012-Sanford Pipeline Company RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT, Executed, in duplicate, at Sanford,
Seminole County, Florida, this 5th day of March
A.D. 1963, by and between the CITY OF SANFORD, FLORIDA, a muni-
cipal corporation, hereinafter called Grantor, and SANFORD
PIPELINE COMPANY, INC., a Florida corporation, of Sanford,
Seminole County, Florida, hereinafter called Grantee,
WITNESSETH :
That Grantor does hereby grant and convey unto the said
Grantee, its successors and assigns, the right and privilege to
construct, maintain, reconstruct, inspect, operate, protect,
repair, enlarge, replace and to change the size of a pipeline
and any and all appurtenances useful and incident to the operation
and protection thereof for the transportation of liquid fuel to
the Naval Air Station, Sanford, Florida, along a route selected
by Grantor and Grantee on, over, across, under and through that
real property lying, being and situate in Seminole County,
Florida, and more particularly described as follows, to-wit:
That real property located within the municipal
limits of the City of Sanford, Florida, and
specifically defined in the general course of
survey shown by Map No. AL-366-59, containing
sheets 1 through 6 inclusive, prepared by Pipe
Line Technologists, Inc., of Houston, Texas,
for the Grantee, which said plans, maps and/or
blueprints are attached hereto as Composite
Exhibit "A" and made a part hereof by reference
in haec verba;
TOGETHER with riparian rights in and to the
waters of Lake Monroe for the purpose of dock
construction for loading and unloading vessels,
taking on and/or discharging cargo to and/or
from the storage terminal facility which Grantee
will construct as indicated on the attached plans,
maps and/or blueprints attached hereto as Composite
Exhibit "A" and Exhibit "B" and made a part hereof
by reference in haec verba;
TOGETHER with rights of unimpaired ingress and
egress to and from said pipeline for each and
every the purposes aforesaid and hereinafter
declared.
The term of said Right-of-Way Agreement
shall be for
a period of five (5) years commencing on the 5th day of
March , A.D. 1963, and ending on the 5th day of
March , A.D. 1968, during which said term the
Grantee shall pay to the Grantor the sum of SIX THOUSAND DOLLARS
($6,000.00), paying said amount in the following manner:
ONE HUNDRED DOLLARS ($100.00) per month on the
5th day of each month beginning the 5th day
of March , A.D. 1963, and on the
5th day of each month thereafter.
Said amounts shall be payable at such place as the Grantor shall
designate in writing;
That this grant, permit and conveyance of right-of-
way easements, uses and riparian rights is subject to the
following specific covenants, terms and conditions:
1) That the Grantee shall have the right and option
to renew and extend this grant for the further term of ten (10)
years, commencing at the expiration of the original five-year
the following terms and conditions regarding payment,
term, upon
to-wit:
a) The Grantee shall pay unto the Grantor a sum
equal to five per cent (5%) of the yearly gross
receipts of business done by the Grantee on the
demised premises, said amount to be paid annually
in such place as the Grantor shall designate in
writing;
b) That in addition to the above sums, the Gran-
tee shall pay all ad valorem taxes levied by the
City of Sanford, Florida, during the term;
c) That the Grantee agrees to furnish unto the
Grantor accounting statements of the operation
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conducted upon the premises corresponding with
Grantee's accounting periods, which said account-
ing statements shall be taken from the original
books of entry of the Grantee; in any event, the
Grantor shall have the right to authorize its
representatives to inspect Grantee's books and
records if and when necessary to carry out each
and every the intentions of the parties hereto;
2) Grantor shall have the right to fully use and
enjoy the above-described premises subject to the rights herein
granted, and the Grantor agrees not to build, create or construct,
nor permit to be built, created or constructed, any improvements,
building, engineering works or other structure over said pipe-
line which will interfere with the operation or maintenance of
said pipeline; it being further understood, however, that when
necessary for the construction, repair, improvements, resurfac-
ing, widening, alteration or relocation of any part of the
rights-of-way, streets, alleyways, easements of the Grantor, or
other interests granted, permitted or controlled by Grantor,
the pipeline and appurtenances thereto as authorized hereunder
shall be immediately removed and reset and relocated on proper-
ties of the Grantor at the sole expense of the Grantee;
3) Grantee hereby agrees to pay any and all damages
which may arise or result to growing vegetation, buildings or
other structures of said Grantor and adjacent owners of real
property from Grantee's exercise of each and every the rights
herein granted; that no trees, grass or shrubbery on or adja-
cent to the rights-of-way described in this grant shall be
cut or trimmed by the Grantee without having first secured the
permission of the Grantor through its duly authorized repre-
sentatives, and such permission, when secured, shall be
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exercised under the supervision of the Grantor. The respon-
sibility herein contained shall apply to each and every the
terms, covenants, conditions and agreements defined in Para-
graph 2) hereof as to relocation;
4) Any pipeline constructed by the Grantee shall
be commenced only following approval by the Grantor of con-
struction plans and specifications submitted by the Grantee
and following issuance of such permits as are required by the
Grantor pursuant to lawful authority; that at the time of
construction, said pipeline shall be constructed in such a
manner and buried with the usual minimum cover established
by the Grantor so as not to interfere with the normal opera-
tion and use of existing streets, roads, alleyways, buildings,
structures, public utility services, other utility services,
and all other existing facilities and so as to avoid injury
to and interference with the use of same by the public and
adjacent owners;
5) It is understood and agreed that the Grantee
will at all times during the term hereof assume all risks of
and indemnify and save harmless the Grantor from and against
any and all losses, damages, costs or expenses arising in any
manner on the account of the Grantee's exercise or attempted
exercise of the rights and privileges herein described;
6) The Grantee shall save and keep the Grantor
harmless from any and all damages, claims or injuries, whether
to property or persons, that may occur during any phase of
construction or by reason of the construction, maintenance
and operation of said pipeline facility and the Grantee
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conditions created by the Grantee's use of the demised
premises, which said conditions shall be immediately
remedied by Grantee with all diligence in accord with the
custom of the trade;
9) In the event the Sanford Pipeline Company, Inc.,
discontinues or abandons use of the pipeline to be constructed
hereunder for any period in excess of sixty (60) days, after
sixty (60) months from the date hereof, temporary interrup-
tions of service to the Naval Air Station excluded, this
Agreement shall be cancelled and all grants, permits and
conveyances of right-of-way easements, uses and riparian
rights of Grantor's property shall cease and terminate and
the pipeline and all appurtenances useful and incident to
the operation and protection thereof located on Grantor's
property shall immediately revert, vest and become the property
of the Grantor, including all pipelines, docks and appurte-
nances useful and incident to the operation thereof, but
excluding all such properties incident to use of said pipe-
line which are located on private property; it being understood
by and between the Grantor and the Grantee that when said
pipeline and any and all appurtenances useful and incident
thereto are in place, the Grantee shall not be authorized
to remove same except in order to fulfill each and every the
requirements specified in Paragraph 2) hereof;
10) The Grantor agrees that if the Grantee shall pay
the sums herein provided and keep, observe and perform all of
the terms, conditions and covenants of this Agreement by it to
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agrees to take out and keep in force during the entire life
hereof, at Grantee's sole expense, public liability and other
insurance in companies acceptable to the Grantor to protect
against any liability to the Grantor, the public and/or adja-
cent property owners incident to the Grantee's use of or
resulting from any accident occurring in or about Grantee's
use of said premises in the amount of FIFTY THOUSAND DOLLARS
($50,000.00) to indemnify against claims or damage to property,
in the amount of TWO HUNDRED FIFTY THOUSAND DOLLARs ($250,000.00)
to indemnify against the claim of any one (1) person, and FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) against the claims of
two (2) or more persons; and it shall be incumbent upon the
Grantee to furnish unto authorized representatives of the
Grantor a complete copy of such insurance policy or policies
after the issuance thereof;
7) That the Grantee will pay unto the Grantor, when
due, all real and personal property taxes which shall, during
the term hereof, be charged, assessed or imposed upon the said
described premises, including apPurtenances and improvements
thereto;
8) That any breach or default in the payment of
any sums herein reserved or in the performance of any of the
covenants, terms, conditions and provisions of this Agreement
shall subject this Agreement to cancellation after hearing
before the City Commission of the City of Sanford, Florida,
of which hearing the Grantee shall be given at least ten
days' written notice; that excepted herefrom are emergency
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be kept, performed and observed, the Grantee shall and may
peaceably and quietly have, hold and enjoy the said demised
premises free from interference from the Grantor, and free
from the claims of any and all parties claiming by, through
or under the Grantor;
11) That each and every the rights herein granted
may be assigned in whole or in part by the Grantee, subject
to the written approval and consent of the Grantor;
12) That this Agreement shall enure to the bene-
fit of and be binding upon the successors and assigns of
the respective parties hereto.
IN WITNESS WHEREOF, the Grantor, City of Sanford,
Florida, a municipal corporation, has caused these presents
to be signed in its name by its Mayor and its corporate seal
to be affixed, attested by its Clerk, and the Grantee, Sanford
Pipeline Company, Inc., a Florida corporation, has caused
these presents to be signed in its name by its President and
its corporate seal to be affixed, attested by its Secretary,
the day and year first above written.
W~tnesses: ~ ·
~ ~s to Grantor (SEAL)
Witnesses:
As to G~antee
(SEAL)
CITY OF SANFORD, FLORIDA
By:~ ~
THOMAS S. McDONALD, Mayor
Attest :/
gRANTOR
SANFORD.pIPELINE CO~', INC.
H,YMAN BARON, President
Attest:
· ~ ~..~. <_z~ ~ / i'~ ~ ,~
ROSALIND BARON, Secretary
GRANTEE
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STATE OF FLORIDA )
COUNTY OF SEMINOLE )
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments, personally appeared THOMAS S. McDONALD
and H. N. TAMM, JR., well known to me to be the Mayor and City
Clerk respectively of the municipal corporation named as Gran-
tor in the foregoing instrument, and that they severally
acknowledged executing the same, in the presence of two sub-
scribing witnesses, freely and voluntarily under authority duly
vested in them by said municipal corporation and that the seal
affixed thereto is the true corporate seal of said municipal
corporation.
WITNESS my hand and official seal in the County and
State last aforesaid this ~5-~ day of ~P~.~ , A.D. 1963.
Notary Public, State of Florida
My Commission Expires:
STATE OF GEORGIA )
COUNTY OF FULTON )
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments, personally appeared HYMAN BARON and
ROSALIND BARON, well known to me to be the President and Secre-
tary respectively of the corporation named as Grantee in the
foregoing instrument, and that they severally acknowledged
executing the same, in the presence of two subscribing witnesses,
freely and voluntarily under authority duly vested in them by
said corporation, and that the seal affixed thereto is the true
corporate seal of said corporation.
WITNESS my hand and official seal in the County and
State last aforesaid this ~x day of M~j~ , A.D. 1963.
My Cormnission Expires:
~y C~?a~im'~ ~-~!res Oct. 9. 1966
Notary Public,UState of Georgia
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