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182, 183, 190-Seaboard Coastine Railroad Company .. seLl LeN GEORGIA. CLINCHFIELD WEST POINT ROUTE THE FAMILY LINES RAIL SYSTEM JACK CHERRY, JR. Superintendent OPERATING DEPARTMENT Post Office Box 991 Tampa, Florida 33601 April 8, 1982 (z) 13-13713 Mr. M. LaZenby, P.E. City Engineer/Utility Director City of Sanford P. O. Box 1778 Sanford, Florida 32771 Dear Mr. LaZenby: I attach, for the records of the City, the duplicate- original of agreement dated January 18, 1982, between the Seaboard Coast Line Railroad Company and the City of Sanford, covering in- stallation and maintenance of an 8-inch ductile iron water pipe line and a 6-inch ductile iron sewage line in the vicinity of Mile Post AU-772, near Hunt, Florida. The agreement has been drawn without monetary consideration. Very truly yours, ~~~'3'-y ~~~tendent The Family Lines Rail System, a unit of CSX Corporation, consists of Seaboard Coast Line Railroad Company; Louisville & Nashville Railroad Company; Georgia. Clinchfield and West Point Route Railroads ~ I ~m 3530-Sheet 1 Revised Jan. 1981 RE-45221 3JK0223 28 THIS AGREEMENT, Made this 18th day of January, 1982, by and between the SEABOARD COAST LINE RAILROAD COMPANY, a Virginia corporation, hereinafter referred to as Licensor, and the CITY OF SANFORD, FLORIDA, a municipal corporation under the laws of the State of Florida, hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and contained on the part of the Licensee to be kept and performed, hereby grants unto Licensee the right or license to install and maintain, at or near Hunt, Florida, for the purpose of conducting (1) WATER, a line of 8 inch DUCTILE IRON pipe across the right of way and underneath the main track of Licensor, at SILVER LAKE DRIVE, at a point 2,670 feet southwardly measured along the center line of said main track from Milepost AU-772; shown in green on print of Licensee's Drawing, undated, FIRST attached hereto and made a part hereof; and (2) SEWAGE, a line of 6 inch DUCTILE IRON pipe across the right of way and underneath the main track of Licensor, at SILVER LAKE DRIVE, at a point 2,720 feet southwardly measured along the center line of said main track from Milepost AU-772; as shown in green on print of Licensee's drawing SECOND attached hereto and made a part hereof; as also described in two Forms 115, Licensee's Specifications for said lines of pipe attached hereto and made a part hereof; Licensor's right of way being as indicated on said print. And Licensee hereby covenants and agrees in consideration thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Division Engineer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe shall require repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the failure of Licensee so to do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of Licensee to make repair or renewal within thirty days after such notice, Licensor may make all necessary repair or renewal at the cost of Licensee, which cost Licensee hereby agrees to pay on demand. 2. Licensee shall install and maintain, above ground and in a manner and at such locations as may be designated by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership of said pipe. Licensee will, at its expense, at any time, upon thirty days' written notice given by Licensor, change and alter the location of said pipe to conform to any changes or improvements that may be made by Licensor in its tracks or roadway at said location, or to permit the utilization of Licensor's right of way, or other lands, for the construction of tracks, buildings or other structures. 3(a). Licensor shall not be responsible in any manner for loss of or damage to said pipe and the contents thereof from any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold harmless the Licensor, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with injury to or death of any person or persons or loss of or damage to property caused by or in any way connected with the . " :m 3530-Sheet 2 Revised Jan. 1981 I installation, maintenance, use or presence of said pipe and appurtenances on said premises, howsoever caused. (b). Any prOV1Slon herein to the contrary notwithstanding, Licensee agrees to indemnify and hold harmless Licensor from all claims, costs and expenses (including attorneys' fees) as a consequence of any incident resulting in the pollution of air, water, land and/or ground water arising from or in connection with the grant of this indenture or any supplements thereto regardless of the location or proximity of such pollution to the demised premises; and for any claim or liability arising under federal or state law dealing with the pollution of air, water, land and/or ground water. (c). All obligations of the Licensee under this agreement to release, indemnify and hold harmless the Licensor shall also extend to officers, agents and employees of the Licensor, and to companies and other legal entities that control, are controlled by, are subsidiaries of, or are affiliated with, the Licensor, their respective officers, agents and employees. 4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all costs and expenses which may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling or by other means while said pipe is being placed thereunder, or during any repair, renewal, relocation or removal of said pipe. 5. It is expressly understood and agreed that Licensee shall be prohibited, incident to the installation and/or maintenance of said pipe on Licensor's property, from using explosives of any type without the express written consent of Licensor; in the event such consent is extended, a representative will be assigned by Licensor to protect Licensor's interests and Licensee, in addition to all other costs to be borne by Licensee as herein set forth, shall reimburse Licensor for the entire cost and expense of furnishing said representative. 6. In consideration for the right or license hereby granted, Licensee hereby agrees that the Licensor shall not at any time or in any manner be assessed with the cost or any part of the cost of the installation and maintenance of said pipe and appurtenances thereto on Licensor's property. 7(a). During the installation of said pipe, the Licensee shall furnish (or require its contractor to furnish) the Licensor a Certificate of Insurance showing that the Licensee (or its contractor) carries liability insurance applicable to the job in question (evidencing said applicability by a contractual liability endorsement stating that the insurance is applicable to the obligations assumed by the Licensee under the agreement with Licensor) in the amount of $2,000,000.00 for all personal injuries, death, or property damage, per occurrence arising during the policy period. (b). The Licensee shall furnish certificates of insurance evidencing the above coverage and the form of the policy (or policies), the carrier and the amount of the coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liability endorsement which will cover the obligations assumed under this agreement and such other endorsement or endorsements as, in the opinion of counsel for the Licensor, may be necessary or advisable to fully protect and indemnify the Licensor. rm 3530-Sheet 3 ~vised Jan. 1981 . In addition, such insurance shall contain notification prOV1Slons whereby the insurance company agrees to give 30 days' notice to the Licensor of any change or cancellation of the policy. All of these endorsements and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Provided, however, that notwithstanding any of the provisions of this agreement with respect to insurance, it is understood and agreed that the liability assumed by the Licensee shall not be limited to the insurance coverage stipulated herein. 8. The portion of each pipe under said track and roadbed thereof shall be encased by and at the expense of the Licensee in 18 inch (I.D) and 16 inch (I.D.) steel pipe conduits and placed at a minimum depth of 66 inches below the base of rail of said track, or not less than 36 inches below the bottom of Licensor's roadbed ditches, or not less than 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by a proper ordinance or resolution of the City Commission of the City of Sanford, Florida, a certified copy of which ordinance or resolution is attached hereto and made a part hereof. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. ~ ~~ SEABOARD COAST LINE RAILROAD By ~.ih~ ~ Chiif Engineering Officer COMPANY Witnesses for Licensor: (L.S.) ~ Ii. ~tUti CITY OF~NFORD, FLORIDA d~ By v<...~~ Mayor-Commissioner (L.S.) Witnesses for Licensee: r r". ~ I ._:.:l-. 1 - '[rv, '1-o~ ~ ~~47~%f.(SEAL) ,~v . ;. .. ~orm 3530-Sheet 4 ~evised Jan, 1981 Extracts from minutes of meeting of the City Commission of the City of Sanford, Florida, held on the 8th day of March , 19 82 RESOLUTION 1325 Be it resolved by the City Commission of the City of Sanford, Florida, in regular meeting assembled that the Mayor-Commissioner be, and he hereby is, authorized to enter into an agreement with the SEABOARD COAST LINE RAILROAD COMPANY, and to sign same on behalf of said City whereby said Railroad Company grants unto said City the right or license to install and maintain, for the purpose of conducting WATER and ~EWAGE two lines of pipe across the right of way and under the main track of Railroad Company, at SILVER LAKE DRIVE, at or near HUNT, FLORIDA; as more particularly described in said agreement, which agreement is dated January 18, 1982, a copy of which agreement is filed with this City Commission. I certify the above to be a true and correct copy. .~~jf-~?%.;;;~ . ~ _ Cl / ____ I_~ L-. Form 115 SEABOARD COAST LINE RAILROAD COMPANY APPLICATION FOR PIPE LTh~ CROSSING UNDER PROPERTIES AND TRACKS Plans for proposed installation shall be submitted to and meet the approval of the Railroad Company before construction is begun. :r.taterial and installation are to be in strict accordance with specifications of the American Railway Engineering Associa- tion and requirements of the Seaboard Coast Line Railroad Company. Original and eleven copies of t.h.is form shall be submitted, aceompamed by twenty-two prints of a dra'Wing showing plan, elevation section of crossing from field survey, location in respect to Mile Post, width of Railroad's Right of Way, location of adjacent structures affecting crossing, and all information re- quired in Figures 1 and 2 of A.R.E.A. Specifications, Part 5--Pipelines. I! open cutting or tunneling is necessary, details of sheeting and method of S1JPporting tracks or driving tunnel shall be shown. 1. Correct Name of Applican1: Ci tv of Sanford 2. PostOfiiceAddre," P. O. Box 1778, Sanford. Florida 32771 8. Partnership - Name and Initials aU Partners, Women - Given and Surnames before marriage and present. 4.. If IncorPorated, Name of State in which Incorporated Ii. Location 2670 Feet South (Direction) from nearest R.R. Mile Post 6. Nearest Railroad Station Sanford County Semi no 1 e State 'I. Within limits of Public Highway NameSi 1 Vf'r Lake R~ed-Stat&-Colmty No. 8. Temporary track .support or rip rapping required ( ) Yes ( X) No - Describe #772-flJ Florida 9. Wires, poles, obstructions to be relocated ( ) Yes ( X) No - Describe 10. Product to be conveyed . Water 11. Max. Working Pressure 100 12. Location of shut-off valve.. Flammable ( ) Yes (X ) No. Temperatur.. PSL Field Test Pressure /iO PSL Type Test (;i'lllgP "la PIPE SPECIFICATIONS: Material Material Specifications and Grade Minimum Yield Strength of :Material PSI J4i1l Test Pressure PSI IDaide Diameter Wall Thickness Outside Diameter T7Pe of Seam Le,Jillg Lengths KlDd of J omts Total Length within RR R/W VENTS: N~r Zero SEALS: Both ends Yes BURY: .Base of rail to top of C81Iing BURY: (Not beneath tracks) BURY: (Roadway ditches) CATHODIC PROTECTION: ( ) Yes (X) No PROTECTIVE COATING: ( X) Yes ( ) No Kind Cement Inside, Coal Tar Outside 1'J'pe, Size and Spacmg of Insulators or Supports 18' 14.. Method of Installation Bore and Jack Cas i ng, Hydraul i c Push Ca rri er If application is approved, applicant agrees to reimburse the Railroad for any cost mcurred by the Railroad incident to lnatallation, n:aintenance, and/or supervision necessitated by this pipe line installation, and further a~s to assume all liability for accidents or injuries which arise as a result of this installation. CARRIER PIPE Ductile Iron CL 50 42,000 350 811 0.5 9.0 Mechanical 18' Mechanical 50' CASING PIPE S tee 1 . 36,000 18" 0.25" 18.5" Welded 20' Welded 50' Size One end Hgt. above ground 5 3 it. ft. ft. (; in. in. o . in. Date ccr Signing Application November 23, 1981 Di rector , tJ ~' ~ . I .: : '). /~ ~ q: ti .x:, r-.. ~ ""~ I( ~ fJ, , E ~~~e ~~ <Ii ~ ". //,/ dd ~V ~ ~O~Se-D '8 '~J'E"RL./A/e- :1( :-:'.':'.. :-:...:.:>........ ....-:.>:-......:- : . . . . . : ". :....:. ::' .' ~.'. : : '. '. .-ii'. :~/ L VE-f?' . . : : ,0 .::..:....:..::....::: t::: : ......::..:: '.:::': : '.:.::.:"':: :.... " ,I ~/5T: CU~ VZ::-RT <' ,H'EADWALL , ~ I I - ( ~ : ~ ~ k ~ ~ "- ij]'Cl() PHc:>rl::Jseo BORe- r~ ~~.~ :\\ ~\I(! . I I) II . . . . . . . . ............................... '" ,., I.. .' . . . . :'. "'L':4KE-' .... '.' .... .DR/' ..:....:.: .,' "'f:f' . . : .'. .....:. >. . : :..... .... · .. ...... ~ .. <.. > .. Iii 1: r > . · ... .. .. () a rt ~ ~ I . . ~ '-l \j fJj , E"x/ST .3 -~,. R.cP EX/ST /-/.E-.40y.{&LL I ~) f) WD!I ) I . . I .. .s 'G 25 ~/$r ... /" if )=:!fVE-ME-lVT:, or pACKS , ~, ~~ .P.I'i't>.A::>S.E-D "8 "WATeR L/...u5 .. :,prrO~S..eD /~ STE-E-L CAS/Ny 70 L3E- .8C>R"E-D ~ .JACKED CKoSS - SE.CT/OA-./ . ,,4/. ~ IS . AC. ~. (J/) FOrni 115 SEABOARD COAST LINE RAILROAD COMPANY APPLICATION FOR PIPE LTh'"E CROSSING UN'DER PROPERTIES A~" TRACKS PlaDs for proposed inst4llation shall be submitted to and meet the approval of the Railroad Company before construetion is bepn. Material and installation are to be in strict aeeordanee with specifieations of the American Railway Engineering Allsoeia- tfon and requirements of the Seaboard Coast Line Railroad Company. Original and eleven copies of this form shall be submitted, accompanied by twenty-two prints of a dramng shewing plan, elevation section of crossing :from field survey, location in respect . to MDe Post, width of Railroad's Right of Way, location of adjacent structures affecting crossing, and all information re- quired in Figures 1 and 2 of A.R.E.A. Specifications, Part 5-Pipelines. If open cutting or tunneling is necessary, details of sheeting and method of supporting tracks. or driving tunnel shall be shown. L Correct. Name of Applicant C1 ty of ~anford , 2. Post Office Addresq P. O. Box 1778, Sanford, F10nda 32771 3. Partnership - Name.and Initials all Partners, Women - Given and Surnames before marriage and present 4. I:f Incorporated Name of State in Shich Incorporaterl I. Location 2670 Feet outh (Direction) from nearest R.R. Mile Post #772 - AcJ 6. Nearest Railroad Station Sanford Co1IDty Semi no 1 e State F1 or1 da 7. Within limits of Public Highway NameSi lver Lake Rqped-Sta~ty No. 8. Temporary track .support or rip rapping required ( } Yes ( X) No - Describe 9. Wires, poles, obstructions to be relocated ( ) Yes ( X) No - Describe 10. ProdUct to be conveyed sp.wer 11. Max. Working Pressure 12. Location of shut-off valve.. Flammable ( ) Yes (X ) No. Temperatur.. PSL Field Test Pressure PSI. Type Test Gauge 13. PIPE SPECIFICATIONS: CARRIER PIPE CASING PIPE Material Ductile iron Steel Material Specifications and Grade CL 50 Minimum Yield Strength of Material PSI 42.000 36.000 IIil1 Teat Pressure PSI 350 Iulde Diameter '6" 16" WaD Thickness 0.25" 0.25" Oatalde Diameter 6.50" 16.50" T7Pe of Seam Mecham ca I Welded La,.mg Lengths 181 20' Jtind of J omts Mecham ca I Welded Total Length within RR R/W 501 50' VENTS: Number Zero Size Hgt. above ground SEALS: Both ends Yes One end BURY: Base of rail to top of cuing 5 ft. 6 In. BURY: (Not beneath tracks) ft. in. BURY: (Roadway ditches) 3 It. 0 . in. CATHODIC PROTECTION: ( ) Yes ( X) No Cement inside, Coal tar outside PROTECTIVE COATING: ( X) Yes ( ) NQ Xinrl 181 T7Pe. Size and Spacing of Insulators or Supports B & J k CaS1nq Hydraulic Push Carr1er 14. Method of Installation 0 re a c .'_ I:f application is approved, applicant agrees to reimburse the Railroad for any eost incurred by the Railroad incident to Inatallation, maintenance, and/or supervision necessitated by this pipe line installation. and :farther agrees to assume aD liability for accidents or injuries which arise as a result of this installation. November 23, 1981 Date cer Signing Application Director L. /00' Or-! .: . ) ~. EX/sr" R~~ 'CU~VCORT~ -~ HEADIo0fLL I:fP " " , 1 I m . ~O' ~ '\ tll :h " It! ~ ~ Q ~ ~ ~ -...J \j I a>' R/~ , ~ ~ . ( ~6 ~~~ U' ~tS . t-. ~C) . Ra.: ~ ~ ~ .-~ . .:\ ~ E-X/6Z:: ,. . "3 -.:;t'8 ~c. P. . . . . . . . .' . .... ." . . . . . . . . . . . . .' . . . . . . .,'.. i I '1 r .' .' .' . . " . .': . . . . . . . . . . .. 'f r' fl' ." . . '" . LAKE" " '. . .". . . . . . . . . . DR'/V.E-:' .' . l.t........... . '. : . " :....::." <": : : .: .' ... '. ~: :. : ~ '. : ~.: :. : : : : (;.: ('fi.' : '.:. '. ~ : : :-'.' , I \0 ~w/ 1~ ~POSE-D I "- J!!!SOR'e iIf" -/ACK ) / , . . I / / / J , 50 .. . 26 25 I /~ C>F T/'1'ACKS ~/~4W:-MEA/7= ~ -^- , ~ , , "PRo;:=t:::>SED I " ~ " ~ "r~".cpC e /"-?A //-.-/7 .. "'-. .. )C="~Or=t::>gE:-D /4 STe-E:-L. cAShVq ~ Be- L30RE-D ~ ../4CKE::-,? CHOSS- ~E'CT/O.A-/ AJ.7=S. SEABOARD COAST LINE RAILROAD COMPANY JACK CHERRY, JR. SUPERINTENDENT Operating Department Post Office Box 991 Tampa, Florida 33601 September 8, 1981 (z) 13-13532 Mr, Warren E, Knowles, City Manager City of Sanford, Florida p, O. Box 1778 300 North Park Avenue Sanford, Florida 32771 Dear Mr. Knowles: I attach, for the records of the City, the duplicate- original of agreement dated July 6, 1981, between the Seaboard Coast Line Railroad Company and the City of Sanford, covering installation of a l2-inch ductile iron water carrier pipe, en- cased in a 24-inch pipe, crossing beneath our right-of-way and track at a point 528 feet south of Mile Post A-77l, within the limits of Airport Boulevard, at Sanford, Florida; which instru- ment has been drawn without an annual rental, but contains pro- vision for a $60.00 contract fee, Article 7 of the agreement contains our insurance pro- vision and Certificate of Insurance has been furnished accordingly, ack Cherry, Jr., Superintendent .. III For. ,) 30-S1H'l' t 1 Revised Jan, 1!J81 RE-/~4l~ 13 fi DK 0 713 3 2 1 THIS I\GREENENT, Made this 6th day of .July, 1981, by and between the SEABOARD COAST LINE RAILROAD COMPANY, a Virginia corporation, hereinafter referred to as Licensor, and the CITY OF SANFORD, a municipal corporation under the laws of the State of Florida, hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid hy Licensee, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and contained on the part of the Licensee tn be kept and performed, hereby grants unto Licensee the right or license to install and maintain, for the purpose of conduct ing HATER, a line of 12-inch (LD.) DUCTILE IRON pipe across the right of way and under the main track of Licensor at Airport Boulevard, at or near SANFORD, FLORIDA, at a point 528 feet sOllthw;Jnlly measured Cl.lol1g the center line of sa ill track frum 1-1ilepost 1\-771; as shown in green Oil print of Licensee's Drawing, undated, attached hereto and made a part hereof; as also described in Form 115, Licensee's Specifications for said line of pipe attached hereto and mCl.r1e a part hereof; Licensor's right of way being as indicat ed on sa id print. And Licensee hereby covenants and agrees in clH1sideration thereof: 1. Licensee shelll install and maintelin saie! pipe at its expense in a manner satisfactory to the Division Engineer of Licensor and so as not to interfere with pipe or other strur.tures nmoj' in place. In the event the said pipe shal L Lequire repair or renewal, l,lcensee shall make such repair or renewal at its expense; and upon the fa.ilure of Licensee so to do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of Licensee to make repair or renewal within thirty days after such notice, Licensor may make all necessary repair or renewal at the cost of Licensee, which cost Licensee hereby agrees to pay on demand. 2. Licensee shall install and maintain, above ground and in a manner and at such locat ions as may be designated by said Engineer of Licensor, markers to plainly indicat e t lIe locrtt ion, dept h at wh ich i nst all eel and ownership of said pipe, Licensee will, at its expense, at any time, upon thi~y days' written notice given by Lirensor, ch~nge and alter the location of said pipe to conform to any changes or imprlJ'lcments that may be made by Licensor in its tracks or roadway at said locat ion, or to permit the utilization of Licensor's right of way, or other lands, for the construction of tracks, buildings or other structures, 3(a). Licensor shell] not be responsible in any manner for loss of or damage to said pipe and the contents thereof from any C;lUse whatsoever; and Licensee shall and does hereby assume, and agree:, to indemnify and hold harmless the Licensor, its successors and assigns, from and against alL loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connect ion with injury to or death of any person or persons or loss of or damage to property caused by or in any way connec ted with the installation, maintenance, use or presence of said pipe and appurtenances on said premises, howsoever caused. (b). Any provision herein to the contrary notwithstanding, Licensee agrees to indemnify and hold harmless Licensor from all claims, costs and Fori ')'30-Shl'(.t 2 l{evlsed .Jan, 1981 It ~ expenses (including attnrneys' tees) as ,1 conseqlj('nce of any incident resulting in the pollution of air, water, land and/or ground Ivater arising from or in connection with the grant of this indenture or any supplements thereto regard less of the locat ion or proximi ty of such pollution to the demised premises; and for any claim or II ability arising under federal or state law dealing with the pollution of air, water, land and/or ground water. (c). All obligations of the Licensee under this agreement to release, indemnify and hold hann1ess the Licensor shall also extend to officers, agents and employees of the Licensor, and to companies and other legal entities that control, are contol led by, are subsidiaries of, or are aff iUated wi th, the Licensor, thei r respective off icers, agents and employees. 4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all costs and eX[1cnses which may he incurred by Licensor in protecting its track or tracks and maint,lining traffic thereover hy drivhlg piling or by other means while s::dd pipe is being placed thereunder, or during any repair, renewal, relocation or rEmoval of said pipe. 5, It is expressly understood and agreed that Licensee shall be prohibi ted, incident to the installation and/or maintenance of said pipe on Licensor's property, from using explosives of any type without the express wri tten con...sent of Licensor; in the event such consent is extended, a representative will he assigned by Licensur to protect Licensor's interests and Licensee, in addi tion to all other costs to be borne by Licensee as herei n set forth, shall re i mbu rse L iceas,,;" for the coti re cos t and ex.pense of furnishing said representative, 6. In consideration for the right ur license hereby granted, Licensee hereby agrees that the Licensor shall not at any time or in any manner be assessed with the cost or any part of the cost of the instal lation and maintenance of said pipe and appurtenances thereto on Licensor's property. 7(a). During theinstallaUon of said pipe, the Licensee shall furnish (or require its contractor to furni sh) the Licensur a Certi f icate of Insurance showi ng that the Li censee (or its cont ractor) carri es 11 ani U ty insurance applicable to the job in question (evi(kndng said applicability by a contractual liabiUty cnt!orSCl1Il'.nt stati'tg thilt the insurance is applicable to the obligations assumed by the Licensee under tIll'. agreement with Licensor) in the amount of $1,000,000,00 for all personal injuries, death, or property damage, per occurrence arising during the policy period. (b). The Licensee shall furnish cl>rt:lficates of insurance evidencing the above coverage and the form of the pol icy (or policies), the carrier and the amount of the coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liability endorsement which will cover the obligations assllllled llllder this agreement and such other endorsement or endorsements as, in the opinion of counsel for the Licensor, may be necessary or advisable to fully protect and indemnify the Licensor. In addition, such insurance shall contain notification provisions whereby the insurance company agrees to give ]() days' notice to the Li censor of any change or cancellation of the policy, .\11 of these endorsements Clnd notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Provided, however, that notwithstanding any of the , FDr! J]O-Slll~L!t '3 Revised .fan, 1981 provisions of this agreement with respect to insurailce, it is understood and agreed that the liability assumed hy the Licensee shall not be limited to the insurance coverage stipulated herein. 8. The porUon of said pipe under said track and roadbed thereof shall be encased by and at the expense of the Licensee in 24-inch (1.0.) steel pipe conduit and placed at a minimum depth of 66 inches below the base of rail of said track, or not less than 36 inches below the bottom of Licensor's roadbed ditches, or not less than 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. 9. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the slim of Sixty Dollars ($60.00) to partially reimburse said Licensor for the costs of survey and other handli ng necessary to the maId ng of thi s agreement, It is unders tood find agreed that th i s agreement shall not be bi ndi ng until it has been authorized or ratified by a proper ordinance or resolution of the City Commission of the City of Sanford, Florida, a certified copy of which ordinance or resolution is attached hereto and made a part hereof. IN WITNESS illiEREOF the parties heret,) have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: SEABOARD COAST LINE RAILROAD COMPANY (L, S,) ~xI~--- ~,~ 13y Witnesses for 11 censee: F 3530-Sheet 4 Revised Jan. 1981 t Extracts from minutes of meeting (ii' the City Comrnissilh of th,,' City of ,:;;lnforJ, Flori.da, held on the 10th day of August , 1981. RESOLuTION Re it resolved by the City Commission of the City of Sanford, Florida in regular meeting assemhled that the Mayor-Commissioner of said City be, and he herehy is, ;llthori.zeci to enter into an ,1,;reemeTlt with the ST':ABOARD COAST LINE RAILROAD CO'lI'ANY, and to sign same on hehalf of said City whereby said Railroad Company grants unto said City the right or license to install and maintain, for the purpose of conducting \.JATER, a line of 12-inch pipe across t he right ot way and under the main t rack of said Railroad Company at or near SAI'lFUr,D, FLORIDA, as more part iC1Jlarly described in selid agreement, wh i.ch agr(>l'ment 'is dated Ju~y 6,1981, a cor:; ,f ,,(rid' ,Jgreer:1',:', ie: fL!l'j '..'it!, t:,is City COlilmission. I cprt ify the a],o,'c ::0 be a t rue and co rrect copy. .#{~lrdrA?+ - Cl '" " I . If SEABOARD COAST LINE RAILROAD COMPANY Form 115 APPLICATION FOR PIPE LTh"E CROSSING UNDER PROPERTIES AND TRACKS Plans for proposed installation shall be submitted to and meet the approval of the Railroad Company before construction is begun, :Material and installation are to be in strict accordance with specifications of the American Railway Engineering Associa- tion and requirements of the Seaboard Coast Line Railroad Company. Original and eleven copies of this form shall be submitted, accompanied by twenty-two prints of a drawing showing plan, elevation section of crossing from field survey, location in respect to Mile Post, width of Railroad's Right of Way, location of adjacent Structures affecting crossing, and all information re- quired in Figures 1 and 2 of A.R.E.A. Specifications, Part 5-Pipelines. Ii open cutting or tunneling is necessary, details of sheeting and method of stzpporting tracks or driving tunnel shall be shown. 1. Correct Name of Applicant (i tJl of Sanford 2. PostOfficeAddress P. O. Box 1778, Sanford, Florida 32771 3, Partnership - Name and Initials all Partners, Women - Given and Surnames before marriage and present N/A 4. If Incorporated, Name of State in which Incorporaterl N/ A 5, Location 528 Feet South (Direction) from nearest R.R. Mile Post A -771 6. Nearest Railroad Station Srl nfnrrl County Semi no 1 e State Flori da 7. Within limits of Public Highway Name Airport Blvd.Fed-Stat&-Co;mty No. N/A 8. Temporary tracksupporl or rip rapping required ( ) Yes ( X ) No _ Describe 9, Wires, poles, obstructions to be relocated ( ) Yes ( X) No _ Describe 10. Product to be conveye!! ~er 11. Max, Working Pressure 100 12. Location of shut-off valves -NtA- F1ammable ( ) Yes (X ) No. Temperaturp PSL Field Test Pressure 60 PSI. Type Test Gauge ;::- A /" ,I. ,5/LJc ~F .-r;:e A 0:::;< . .13. PIPE SPECIFICATIONS: Material CARRIER PIPE CASING PIPE Ductile iron Steel C150 42.000 36,000 350 12" 2411 0.4811 0.37511 13.20" 24..'7511 Mechanical Welded 181 20' Mechanical Welded 50' 501 Hgt, above ground 5 ft. r;' (fl oj in. ft. in. 3 ft. 0 in. Material Specifications' and Grade Minimum Yield Strength of Material PSI Mill Test Pressure PSI Inside Diameter Wall Thickness Outside Diameter Type of Seam Laying Lengths Kind of Joints Total Length within RR R/W VENTS: Number Zero SEALS: Both ends Yes BURY: Base of rail to top of casing BURY: (Not beneath tracks) BURY: (Roadway ditches) CATHODIC PROTECTION: ( ) Yes ( PROTECTIVE COATING: ( X) Yes ( Size One end x) No ) No Kinrl Cement inside, coal tar outside 18' Type, Size and Spacing of Insulators or Support!! Bore & lack caslng hydraulic push carrier 14. Method of Installation : ., _ _ If applic~tion is approved, applicant agrees to reimburse the Railroad for any cost incurred by the Railroad incident to installation, maintenance, and/or supervision necessitated by this pipe line installation, and further agrees to assume all liability for accidents or injuries which arise as a result of this installation. May 27, 1981 ~. City Engineer/Utility Oir. Icer Signing Application Date , ~ ~ I, "- tu ~ ~ ~ ~ =-- Jl 175 <:Po 50' OLD LAKe MARY RD. "Y"'\fV eo so' S.C.L. f)/ff ~ - .. 16--";6" ft:. c. P. 30 . ~LEf=>'-/Q,(/E '0 ~ ~~ :-p~E.D Ie? "~L. ~O~.sE'D ?4 "S7EEL ~S/~-/<7 70 dE BO..RED,6' ..J4CKED CROSS --s..ec!7e>;u A-/.T~. .. JACK CHERRY, JR. SUPERINTENDENT SEABOARD COAST LINE RAILROAD COMPANY Operating Department Post Office Box 991 Tampa, Florida 33601 May 13, 1981 13-13401 (x) Mr. W. E. Knowles, City Manager City of Sanford, Florida P. O. Box 1778 Sanford, Florida 32771 Dear Mr. Knowles: I attach, for the records of the City, the duplicate-original of agreement dated March 17, 1981, between the Seaboard Coast Line Rail- road Company and the City of Sanford, covering installation and mainte- nance of a six-inch ductile iron pipe crossing beneath our right-of-way and track, 1,350 feet south of Milepost AU-772, at Hunt (near Sanford), Florida; which instrument has been drawn without a contract fee or an annual rental specified. Very truly yours, ~.;b' EJ-.-<y Superintendent - ~ For JS30-SllCet 1 Revised Jan. 1981 IJ RE-43785 9DK03242 THIS AGREEMENT, Made this 17th day of March, 1981, by and between the SEABOARD COAST LINE RAILROAD COHPANY, a Virginia corporation, hereinafter referred to as Licensor, and the CITY OF SANFORD, a municipal corporation under the laws of the State of Florida, hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of wh ich is hereby acknowledged, and of the covenants and agreements hereinafter made and contained on the part of the Licensee to be kept and performed, hereby grants unto Licensee the right or license to install and maintain, for the purpose of conducting WATER a line of 6-inch (Ln.) DUCTILE IRON pipe across the right of way and under the main track of Licensor at Cornwall Road, ,,,t Hunt, near SANFORD, FLORIDA, at a point 1,350 feet southwardly measured along the center line of said main track from Milepost AU-772; as sho~1 in green on print of Licensee's Drawing, undated, attached hereto and made a part hereof; as also described in Form 115, Licensee's Specifications for said line of pipe attached hereto and made a part hereof; Licensor's right of way being as indicated on said print. And Licensee hereby covenants and agrees in consideration thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Division Engineer of Licensor and so as not to interfere with pipe or other structures no\ol in place. In the event the said pipe shall require repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the failure of Licensee so to do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of Licensee to make repair or renewal within thirty days after such notice, Licensor may make all necessary repair or renewal at the cost of Licensee, which cost Licensee hereby agrees to pay on demand. 2. Licensee shall install and maint.'lin, above ground and in a manner and at such locations as may be designated by said Engineer of Licensor, markers to plainly indicate the location, dep th at wh ich ins taIled and ownership of said pipe. Licensee will, at its expense, at any time, upon thirty days' written notice given by Licensor, change and alter the location of said pipe to conform to any changes or improvements that may be made by Licensor in its tracks or roadway at said 10cCltion, or to permit the utilization of Licensor's ri~lt of way, or other lands, for the construction of tracks, buildings or other structures. 3(a). Licensor shall not he responsible in any manner for loss of or damage to said pipe anci the contents thereof from any cause whatsoever; and Licensee shall and does hereby assume, and agrees to indemnify and hold harmless the Licensor, its successors and assigns, from anci against all loss, costs, expenses, incluciing attorneys' fees, claims, suits and judgments whatsoever in connection with injury to or death of Clny person or persons or loss of or damage to property caused by or in any way connected with the installation, maintenance, use or presence of said pipe and appurtenances on said premises, howsoever caused. (b). Any provision herein to the contrary notwi thstanding, Licensee agrees to indemnify and hold hannless Licensor from all claims, costs and FIH J'J30-Sheet 2 Revised Jan. 1981 ~ "- lit expenses (including attorneys' fees) as a consequence of any incident resulting in the pollution of air, water or land arising fr~n or in connection with the grant of this indenture or any su'pplements thereto regardless of the location or proximity of such pollution to the demised premises; and for any claim or liability arising under federal or state law dealing with the pollution of air, water or land. (c). All obligations of the Licensee under this agreement to release, indemnify and hold harmless the Licensor shall also extend to' officers, agents and employees of the Licensor, and to companies and other legal entities that control, are contolled by, are subsidiaries of, or are affiliated with, the Licensor, their respective officers, agents and employees. 4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all costs and expenses wh ich may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling or by other means while said pipe is being placed thereunder, or during any repair, renewal, relocation or r~noval of said pipe. 5. It is expressly understood and agreed that Licensee shall be prohibited, incident to the installation and/or maintenance of said pipe on Licensor's property, from using explosives of any type without the express written consent of Licensor; in the event such consent is extended, a representative will be assigned by Licensor to protect Licensor's interests and Licensee, in addition to all other costs to be borne by Licensee as herein set forth, shall reimburse Licensor for the entire cost and expense of furnishing said representative. 6. In consideration for the right or license hereby granted, Licensee hereby agrees that the Licensor shall not at any time or in any manner be assessed with the cost or any part of the cost of the installation and maintenance of said pipe and appurtenances thereto on Licensor's property. 7(a). During the installation of said pipe, the Licensee shall furnish (or require its contractor to furnish) the Licensor a Certificate of Insurance showing that the Licensee (or its contractor) carries liability insurance applicable to the job in question (evidencing said applicability by a contractual liabili ty endors~nent stat ing that the insurance is applicable to the obligations assumed by the Licensee under the agreement with Licensor) in the amount of $1,000,000.00 for all personal injuries, death, or property damage, per occurrence arising during the policy period. (b). The Licensee shall furnish certificates of insurance evidencing the above coverage and the form of the policy (or policies), the carrier and the amount of the coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liab i li ty endorsement which will cover the obligat ions assumed under this agreement and such other endorsement or endorsements as, in the opinion of counsel for the Licensor, may be necessary or advisable to fully protect and indemnify the Licensor. In addition, such insurance shall contain notification provisions whereby the insurance cOOlpany agrees to give 30 days' notice to the Licensor of any change or cancellation of the policy. All of these endorsements and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Provided, however, that notwithstanding any of the For ,,)3D-Sheet 3 Revised Jan. 1981 , . . provisions of this agreement with respect to insurance, it is understood and agreed that the liabili ty assumed hy the Licensee shall not be limi ted to the insurance coverage stipulated herein. 8. The portion of said pipe under said track and roadbed thereof shall be encased by and at the expense of the Licensee in l4-inch (I.D.) steel pipe conduit and placed at a minimum depth of ')4 inches below the base of rail of said track, or not less than 36 inches below the bottom of Licensor's roadbed ditches, or not less than 36 inches below ground surface - whichever depth may be the lower - measurements being to the top of said conduit. It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by a proper ordinance or resolution of the City Commission of the City of Sanford, Florida, a certified copy of which ordinance or resolution is attached hereto and made a part hereof. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: SEABOARD COAST LINE RAILROAD COMPANY ~~~ .,,~ By (L. S.) 9!"'P If ,Jlt;ttd /i /j ^,C~ YJV, k~~ll/() Witnesses for Licensee: By 14<....-- Mayor-Commissioner (L, S.) Attestd~~~~ - Cl (SEAL) F() r J 'j 30-Shee t 4 Revised Jan. 1981 1$ " ~ Extracts from minutes of meeting of the City Commission of the City of Sanford, Florida, held on the 13th day of April , 1981. RESOLUTION Be it resolved by the City Commission of the City of Sanford, Florida in regular meeting assembled that the Mayor-Commissioner be, and he hereby is, authorized to enter into an agreement with the SEABOARD COAST LINE RAILROAD COMPANY, and to sign same on behalf of said City ~lereby said Railroad Company grants unto said City the right or license to install and maintain, for the purpose of conducting WATER, a line of 6-inch DUCTILE IRON pipe across the right of way and under the main track of said Railroad Company at Cornwall Road, at Hunt, near Sanford, Florida; as more pRrticularly described in said agreement, which agreement is da ted March 17, 1981, a copy of which agreement is filed with this City Commission. I certify the above to be a true and correct copy. !;4/4 ~~ zr--, / Cle rk Form 115 ... SEABOARD COAST LINE RAILROAD COMPANY APPLICATION FOR PIPE LINE CROSSING UNDER PROPERTIES AND TRACKS Plans for-proposed installation shall be submitted to and meet the approval of the Railroad Company before construction is begun. Material and installation are to be in strict accordance with specifications of the American Railway Engineering Associa- tion and requirements of the Seaboard Coast Line Railroad Company. Original and eleven copies of this form shall be submitted, accompanied by twenty-two prints of a drawing showing plan, elevation section of crossing from field survey, location in reSllect to Mile Post, width of Railroad's Right of Way, location of adjacent structures affecting crossing, and all information re- quired in Figures 1 and 2 of A.R.E.A. Specifications, Part 5-Pipelines. If open cutting or tunneling is necessary, details of sheeting and method of S1IP~g tracksiidriving~, el Shall~hown~. 1. Correct Name of Applicant. f !_ &1_.o;:'S~___ 2. Post Office Addres9 Po. ow, · cS .&' / *'tI, der" ; ~ 7 7 I 3. Partnership - Name and Initials all Partners, Women - Given and Surnames before marriage and present. 4. If Incorporated, Name of State in which Incorporaten 5. Location /360 Feet 5 (Direction) from nearest R.R. Mile Post #" 772. - Au 6. Nearest Railroad Station County S' f!!!H'M ;r70.1 ~ State r-:LCII , 7. Within limits of Public Highway Nam iiJ Fed-State-County No. 8. Temporary track .support or rip rapping required ( ) Yes (~) No - Describe 9. Wires, ,poles, obstructions to be relocated ( ) Yes ( )(.J No - Describe W~ ..-- t I..:) 0 Flammable ( ) Yes ( K) No. TemperaturP PSL Field Test Pressure G-~ PSI. Type Test a~ ~ 10. Product to be conveyed 11. Max. Working Pressure 12. Location of shut-off valve9 13. PIPE SPECIFICATIONS: Material Material Specifications and Grade Minimum Yield Strength of Material PSI Mill Test Pressure PSI Inside Diameter Wall Thickness Outside Diameter Type of Seam Laying Lengths Kind of Joints Total Length within RR R/W VENTS: Number ~~~ SEALS: Both ends '(L& BURY: Base of rail to top of casing BURY: (Not beneath tracks) BURY: (Roadway ditches) ~ CATHODIC PROTECTION: ( ) Yes (K) No PROTECTIVE COATING: (~) Yes ( ) No KiDn('.-~~ ~ ~ PIPE DI.I. . J:. r&-K- ~ ~ 4 Z, CC'O ~~ ~., O. 'Z.s" ~ ~o" Vk....J. .~}---- L Ib' Ykl!&'" ~~..v ~' ~G PIPE ~ ~ t:lCl c::l 14" o.-z.r" 0~~ Z.O' U..R ~~ !!!iZ> ' Size One end Hgt. above ground 4 ft. ft. ft. ~ in. in. in. ----- I::> ..$. ,,,,,...dl!.. t..:JJ -I-..r ~cll1f Type, Size and Spacing of 14, Method of Installation ;n r::.-r- If application is approved, applicant agrees to reimburse the oad for any cost incurred by the Railroad incident to installation, maintenance, and/or supervision necessitated by this pipe line installation, and further agrees to assume all liability for accidents or injuries which arise as a result of this installation. z~iBr , Da~ . 19ning Application 'L : . . ... I. " , ~ ~ ~ ( ~ ~ '-l ~ U) " ~ ---~ I I I EXIS7:- C. "CH I I _J 50' 01\) Q ~" ~ . l'- I ~ Q:~ 11j~ ~ ", ~ t\2 R/W c>c/sr: PAV/NG Vj ;E%/sr~"WL.{rYP) ~O~SE.o a,""N~. "- PRO~56CJ 8c:w?C.y ..TA'CK.,-- ( \jJ1 I '. '. ' '.--:... . .'~ 't :, I ..... . .... . I / e :</5 ~ ,0/ TCH ---- /.r /00' .k2/vv 50' E.5' 25' I,.,.--<f O~ TRACKS 'EXIST PAVE/v1ENT ,PROPOSL50 Ve/\-1'ENT , \, ~ ~ROPO.sE.o ~'wL.1 ~ ~ .- ~ PROPCJSc,a /4"sr..eEL CA5/N rOBE. BoeED ~ JA~Kc.o c~ss - SECT/ON NTS.