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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 -2- 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 -3- 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 -4- 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 -6- 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 -5- 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 -7- 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 -8-