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ACL0030-Sewer Near Mi Post U 771PART ONE—Form 3530 E3 -1M 1-54 THIS AGREEMENT, Made and entered into this 23rd--_ day of_.._.___Novo22b*_--________- by and between the ATLANTIC COAST LINE RAILROAD CV1VjrALv r, a and existing under and by virtue of the laws of the State of Virginia, hereinafter for con- venience styled the Railroad Company, the first party, and the-- _-CITY-OF SANFORD --- -------------------------- _---------------------------- ___a municipal corporation under the laws of the State of_-Floridm________ , 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 sanitary sewer, a line of 12 -inch cast iron pipe across the right of wa7 and underneath the track of the Atlantic Coast Line Railroad Companv at Sanford, Florida, at a point 2800 feet northwardly, meaaured along the center line of said Railroad Company's Sanford --Lake Charm main track from mile post U-771; as shown in red on the blue print attached hereto and made a part hereof; said right of wa•+ being 25 feet wide on each side of said center line, State Docume ary Tax Stamps in Z-& have been affixed amount of --- - to Original Con ct on file in office of heal Fstate Agent at Wilmington' N• C. 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 maintain 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 become in need of repairs, the second party shall repair same upon notice given by the said Engineer, and upon the failure of the second party to make such repairs the Railroad Company may make all necessary repairs, but at the cost of the second party, which said cost the second party hereby agrees and promises to pay on demand. (2) That the second party shall assume entire responsibility for all damages caused in any manner by the said pipe to the property or employees of the Railroad Company or to ally other per- son or property; and that the second party shall protect and save harmless the Railroad Company from any and all damages and losses caused in any manner from the said pipe, howsoever resulting. (3; 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. _..._..__._._..�...-tet �..b It is expressly understood and agreed that no assessment shall be made against the Railroad Company to cover the cost (or any part thereof) of construction and/or maintenance of said pipe, including material, labor and any other item of expense incident thereto. (4) That the secand party urill pay to the Railroad Company, on bills rendered by the Rail- road Company, the full amount of all cost and expense which may be incurred by the Railroad Company in protecting its track or tracks by driving piling or by other means while said pipe is being placed thereunder. -iM 1-54 PART TWO—Form 3330 (5) That the portion of said lime of pipe underneath said track and roadbed therefor shall be placed by and ut the expense of the second party at a minimum depth of 48 inches below the base of rail of said main track or not lass than 12 inches below the bottom of the Fmilroad Company's roadbed ditches --whichever depth is the lower -- measurement being to the top of said pipe. It is understood and agreed that this contract shall not be binding until it has been ratified by proper ordinance or resolution of the___—Ci.j�;r_rommimgioner-e- _ of the second party, a copy of which resolution or ordinance is attached hereto and made part of this agreement. IN WITNESS WHEREOF The Railroad Company has caused this agreement to be signed in duplicate by its proper officer; and the second party has caused the same to be signed by its Mayor, attested by its Clerk, and approved and ratified by its-__C",p+--Commissl-0nera--in session at a duly authorized and called meeting of said body, and its corporate seal affixed on the day and year first above written. Witnesses for Railroad Company: ATLANTIC COASTSTj LINE RAILROAD COMPANY. .Asst. Vice -President Wi Approved: Engineer Maintenance of Way Approved: Superintendent Approved: r s is Mayor General Superintendent Approved as to execution, Approved and Description Checked: Manager Real Estate Department Approved as to Form: Division Counsel Division Counsel 0 U 77/ i N n D O m D p o Z ! m p i- J Q PI 2 n Z z M - n M O 73 D � -< n 0 U 77/ i S -1M 6-54 n PART-.flREE—Form :3530 E ctracts from minutes____of==QL g-GOmmia_o3L lex'---Qt #�S-_ i.�t_,o� $nor•++ � - lesridar ` held on the- _ / , _`�_2__day of ---- -- - - —------------ ------ ---- -- -19--- RESOLUTION 9- _ RESOLUTION _- Be it resolved by the -------- CLt7x_-Commiaa-loners ----------------- - ---------- - -- - ------ of the ---- G1_tV-_---- ------ of heard,- Flerida,----------- in----------- g ar-trteetlitg - ------ - - ---- - -- -- assembled, that the ,--------------------------- ------- -be, and he hereby is, authorized to enter into an agree- ment with the__ _AT1ANT_M-C#A9T -1J= ----------- - -RAILROAD COMPANY, and to sign same on behalf of said ----------Cit --- ------------------- ------------ ---------------- whereby the said Railroad Company gives and grants unto said Citi. the right and priv'�1ege to lay and main- tain, for the purpose of a sanitary sewer' a line of 12-1nch oust iron pipe across the right of waq and underneath the track of the Atlantic Coast kine Railroad C©m– patj9. at Sanford, F3.cwlda� at a point 2800 faet northwavdl-,r� measured along the center line of said Railroad Company's Sanford–Lake Charm main track From mile lust U-771; as particularly described in said agreement= which agreement le dated November 23, 1954* I certify the above to be a e and correct copy. ------------ ----- --------- -------- — - Clerk.