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023-Seaboard Coast Line RailroaB. B VAU~HAN SUPERINTENDENT SEABOARD COAST LINE RAILROAD COMPANY Operating Department Tampa, Florida 3360; April 24, 1970 - File: 13-5420 Mx. W. 5. Knowtes City Manager City of Sanfo~d Sanfo~d~ Florida 32771 Dear Mr. Knowles: Referring to your letter April 16 about agreement dated ~arch 31~ 1970~ with the City of Sanford covering a 4-inch steel pipe line beneath our right-of-way and track 1~589 feet west of Mile Post AUA-771 at Sanfo~d: Attached for your records is the duplicate-original of the above-mentioned agreement. Very truly yours~ J&B-424~ Form 3537-A Rev. July, 1968~Sheet 1 E-2IO*O THIS AGREEMENT, Made this 31st day of March , 19 70, by and between the SEABOARD COAST LINE RAILROAD COMPANY, hereinafter referred to as Licensor, and CITY OF SANFORD, a municipal corporation under the laws of the State of Florida, hereinafter referred to (severally, if more than one) as Licensee, V~ITNESS~)TH: That Licensor, for and in consideration of the rents or sums of money hereinafter agreed to be paid by Licensee, and of the covenants and agreements hereinafter made and contained on the part of Licensee to be kept and performed, hereby grants unto Licensee the right or license to t~d;k~d~maintaln, for the purpoee of conducting }et fuel, a line of 4-inch steel pipe across the right of way and underneath the main track of Licensor at Sanford, Florida, at a point 1,589 feet westwardly measured along the center line of said track from Mile Post AUA-771; as shown in green on print of Drawing No. A-366-1516-A, last revised November I1 1969, prepared by Pipe Line Technologists, Inc., attached hereto and made a oart hereof; Licensor's right of way being as indicated on said attached print. And Licensee hereby covenants and agrees in consideration thereof: 1 ' Li ' ' the begJ~ing 2. Lic~nse~ shall ~ maintain said 9ipe at Licensee's ex~ns~ in a manner satisfactory to th~ Division ~n~ineer of Licensor and so as not to interfere with pipe or other structures now in place. In ~h~ ~ven~ said pipe of Lieense~ so to do, the ~id Division Engineer of Licensor shall ~iv~ ~itten notice to Licensee, and upon the fail- are of Licensee to mak~ repair or renewal ~thin thi~y days after such notice, Licensor may make ali neeessa~ a. Licensee shall install and main~in, ~bove ~ound and in a manner and at such locations as may b~ desi~- natsd by said Engineer of Licensor, marker~ to plaln~ indicate the location, depth a~ which installed and ownership of said pipe. Licensee will, at Licensee's expense, at any ~ime, upon thirty days~ ~itten notice ~iven by Licensor, chan~e and al~er th~ location of said pipe to conform to any ehan~es o~ improvements tha~ may be made by Licensor in its ~racks or roadway a~ said location, or to p~rmit the utilization of Licensor's right of way, or o~her ]ands~ for the construction of ~racks, buildings or other structures. 4. Licensor shall not b~ responsible in any manner fo~ loss of or dama~ to said pip6 and the conten~ thereof and judgments whatsoever in connection with injury to or death of any p~rson or persons or loss of or damage ~o J&B-55052 Form 3537-A Rev. July, 1968---S'heet 2 5. Licensee will not use said pipe for any other purpose than that specified herein, and will not assign this agreement or suffer or permit any other person or corporation to use said pipe without the consent in writing of Licensor. 6. It is further understood and agreed that if at any time Licensee fails to comply with each and every cov- enant contained herein and/or fails to use said line of pipe for the purpose herein set out during any consecutive period of six months after said line of pipe has been installed, then and in either event Licensee will, within thirty days after receipt from Licensor of written notice so to do, remove said pipe from the premises of Licensor and store said premises to a condition satisfactory to the said Division Engineer, or other proper officer of Licensor, and that in the event of failure of Licensee so to do, Licensor may remove said pipe and restore said premises at the cost and expense of Licensee, which cost and expense Licensee hereby agrees to pay Licensor on demand. 7. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost and expense 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 installed thereunder, or during any renewal, re].ocat~on or removel of said pip. e. 8. In She event Licensee provides and installs, either simultaneously with the installation of said llne of pipe described herein or at a later date upon receipt of authority from Licensor so to do, electrically actuated cathodic or other protective equipment for said pipe, Licensee will submit plans and operating frequency, voltage, and current values of such protective system to Licensor for its approval prior to placing such system in service. Licensee will cooperate with Licensor in conducting such tests as Licensor may deem necessary to determine if such protective system adversely affects any of Licensor's communication, signal, or other facilities. If Licensor's facilities are affected to the extent Licensor deems remedial procedures necessary, Licensee will. at /ts expense, provide the necessary equipment and effect the necessary changes in Licensee's facilities to bring such interference within levels tolerable to Licensor, and will bear all expense for related changes in or additions to Licensor's facilities. 9. The portion of said pipe underneath said track and roadbed thereof shall be encased by and at the expense of Licensee in an 8.625-inch O.D. steel pipe conduit sealed and vented at each end, and 9laced at a minimum depth of 54 inches below the ba~ of rail of said track - measurement being to the top of said con- duit. 10. No fee or rental is being assessed by Licensor for the facility of Licensee located on Licensor's property, however, in the event that Licensee should grant to any other party the privilege of operating said facility, a new agreement will be prepared bet-ween L~.censor ~nd such third ~arty ~rovfdin~ for rental as deemed 11. This agreement supersedes the one dated April 30, !963 bet~eeen the former Atlantic Coast Line Railroad Company, now Seaboard Coast Line Railroad Company and $~nford Pipeline Company, Inc.~ covering the pipe line described here~n, which agreement is being termtn8ted by Licensor s~multaneous]y with the execution hereof. Form 3537-A Rev. July, 1968--Sheet 3 NOTE: The following changes were made in this agreement prior to the execution thereofl Granting Clmuse and Article 2: The words "install and" deleted. Article 1: Deleted. Article 7: The words "or renewal or said pipe" deleted and the words "renewal, relocation or removal of said pipe" substituted therefor. Articles 9-11: Added. 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 Commissioners of the City of Sanford, Florida, a certified copy of which ordinance or resolution is attached hereto and made a part of this agreement. IN WITNESSWHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: SEABOARD COAST~LI~E RAILROAD COMPANY .... ~...~...:::. By: ................ ........IL,7, Witnesses for Licensee: Mayor - Cor~misstoner A.tt.e~iz.~ ..................... :.:...,.~ .................... .(.SEAL) Clerk ,( Pi P LAA/ .~ Scale: 1'-- ZO' . IA/ $ 7'&L L Z~ TIOA/ $C8/¢: A/o~ ¢ LINE TECHNOLOGISTS, INC. HOU $ ? 0 N,, TEXAS SANFORO PIP~ LINE COMPANY PROPOSED 4"PtPE UNE CR~)SSING ..~Z~,~::~P~-~L'~,"~I1 COASTLINE RAILROAD. SEMINOLE COUNTY, FLORIOA No+~a -:~-, ~ J&B-43325 Farm Rev. Sept. 1968---Sheet Extracts from minutes of meeting of the City Commissioners of the City of Sanford, Florida, held on the / ~ day of ' , 191J'/ . RESOLUTION Be it resolved by the City Commissioners of the City of Sanford, Florida, in regular meeting assembled that the Mayor - Commissioner of said City be, and he hereby is, authorized to enter into an agreement with the SEABOARD COAST LINE RAILROAD COMPANY, and t~ sign same on behalf of said City whereby said Railroad Company grants unto said City the right or license to main- tatns for the purpose of conducting jet fuel, a line of 4-inch steel pipe across the right of way and underneath the main track of said Railroad Company st San- ford, Florida; as more particularly described ~n said agreement, which agreement is dated March 31, 1970, a copy of which agreement is filed with said City Commissioners.