ACL0033-Sewer Track #16r%mnz %jrme—zorm joau
THIS AGREEMENT, Made and entered into this.13th.day of ...... &T.01A ................. _., 19-2
by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a corporation creat
and existing under and by virtue of the laws of the State of Virginia, hereinafter for convie
ence styled the Railroad Company, the first party, and the .... ! LQ .. ...........................
...... .......... ......................................................... a municipal corporation under the laws of the, Stal
of--Y1QL-1Aa,p ---- _ ----_---_---_------_--- the second party:
WITNESSETH, That the Railroad Company, for and in consideration of the sum of One
Dollar to it in hand paid by the second party, the receipt whereof is hereby acknowledged, and the
performance of the covenants hereinafter contained on the part of the second party, does hereby
give and grant unto the second party the right and privilege to lay and maintain, for the purpose of
a roviver nain,, #1 Of 12—itiah Steel pilm acrova a, portion of tfie Re 11road Com—
patiylx rilldtm of Y(wy tt,,Iv, rJ&,JJrrgkf,2 Go*;w&n,314m Trscik,,/,/16 in, 0ax-meroiaI
S,treetv Sanford, Flarida, at a point 162 feet eastwardly,p measured along ttie sen'tw!
ne of as tr,&*k,,0 gro.va the eenter f of ,hwlah kronue; Together with tlm riglxt
and priviloge to x&,Jn,,ta,Jn amarip1010 &t t11 rJorth in-nd of said 21ne of pipe; &,13,
shown Iii r*w,,,I, ox;, tim I)IM0 rVint attached heiveto and made 4r,,s rwrt, hersof.
And the second party hereby covenants and agrees with the Railroad Company in consider-
ation thereof, as follows:
(1) That the second party shall lay and main'Min said pipe in a manner satisfactory to the
Engineer Maintenance of Way of the Railroad Company and so as not to interfere with pipe
or other structures now in place; and in the event that the said pipe shall need repairs, the second
party shall make such repairs; and upon the failure of the second party to make said repairs, the
said Engineer shall give notice to the second party of needed repairs, and upon the failure of the
second party to make repairs after said notice, the Railroad Company may make all necessary
repairs, at the cost of the second party, which cost the second party hereby agrees to pay on de-
mand.
(2) That the second party shall assume entire responsibility for any loss, damage or injury,
including death, to the property or employees of the Railroad Company, or to any other person
or property, which may be caused by or arise from the installation, presence and maintenance of
said pipe, and the second party shall protect and save harmless the Railroad Company, its succes-
sors and assigns, from any and all loss, damage or injury caused by or arising from the installa-
tion, presence and maintenance of said pipe.
(3) That the first party shall not be responsible in any manner for loss of or damage to the
said pipe, or any other property of the second party, from any cause whatsoever, it being under-
stood that the first party may, if it so desires, install and maintain, above ground, markers to
indicate the location of said pipe, such markers to be placed at such points as are satisfactory to
said Engineer Maintenance of Way.
(4) That the second party will at any time, upon thirty days' written notice given by the
Railroad Company, change and alter the location of said pipe to conform to any changes or
improvements that may be made by the Railroad Company in its tracks or roadway at said
location.
(5) That xQ manhole shall, be saintained, to a manner In all roppeate satisfaetry
to the Eng'Ki
gineer, Maikenanse of Way of the Railroad Company with, top flum1n, th
ground aud covered at all times in suet' IMMIDW that the manhole will not be a
hazard 'to safety,
(6) That the portion of salij, line of pipe umdarneath said track shall be plaood,
and maintained at a minimum depth of 48 A*hos balow, the base af rail of said
track or not lose then 12 inches below the bottom ' me ii G=jpanfa road—
'bed, ditahes—whiahever depth okay 1)o the lower—meart being to the top of
said pip*.
Tt is undwsMod and agme(,I, that this coritract sh,�.dl not be binding until it has I)eej,). ratilled
copy ch which resdution or ordinomm is allmled hex,oto u,ld 'nlaele 1pmt (al! this
grecany&
IN VVITNESS WOF the parties hexeto have executed these presents in dupDcoate thet:11ta,,�,
fox, Itallroad Car.,.apar.y: ATLATTY',(C COJ-,,S'.0
.............
2 ........ ------
........ ("XfMel'al N.1anager
2 .... ...........
VVitnesses for Second Party:
.....................
..............
-------- ............... -----------------------
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BV.... ............
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`3-ljvl 9-D5 UVUO.
Extracts from minutes O -Z-38
held on the ------ day of
NO
Be it resolved by the_----__-_ _- _.____-...____-_--_-__---_-----__-of the-----G1t7-
of-swicewd"o F11 AAI�L ----------- - ------- assembled, that the
-------------------- -t ---------- in 21
-----------_____--'= ---------be, and he hereby is, authorized to enter into an agree-
ment with the-AZIAM&LLUS -IJAX _-------__-------RAILROAD COMPANY, and to sign same on
behalf of said-___-_-------__..- whereby the said,
Compa my gives and an to imto the as Oity the Ar
,,,fit and pwivilege to lay and,
saintainp for the pturpose of a owe ar wain, a 11ne of 12 -inch steel pips, across
a portion of the iftilroad Casimnya righ.t of way and, tzoderneath the 1(ailros4,
C4,npany4s Track &6 in Caramarcial Street, Sanfwd, Florida, at a poin't 162 root
eastarUdy$, msamrod along the eienter It of said traek# from the conte r lins
of Prondh &venn Together with the ri&t and privilege to maixrtais a =nhole
at tine north le ad of said 11no of pkpo; as partleularly, deswibod in said agroe—
cent p whi,*h agrq,,,weivont is (:Iatod Nerch, 13, 19%.
REM