840-CSX-Westerly Water Main ExtCSX
TRANSPORTATION
James T. Lampkin
Manage
Contract Administration
500 Water Street, SC Jl80
Jacksonville, FL 32202-4423
(904) 359-1399
FAX: (904) 359-3665
E-Mail: James_Lumpkin(~esx. eom
August 31, 2000
/6
Agreement No. CSX-039393
Mr. Mike Crumpton, P.E.
Utility Engineer
City of Sanford
Post Office Box 1788
Sanford, FL 32772-1788
Dear Mr. Crumpton:
Attached is fully-executed original of Agreement No. CSX-039393, dated
August 11, 2000.
It is your responsibility to schedule the installation with CSXT Roadmaster, Telephone:
(407) 850-353 1 (ideally between the hours of 6:30 AM and 8:30 AM), FAX: (407) 850-3525, at
least seven (7) days in advance of the date you desire to commence the project. No work is to be
performed on Railroad property without Roadmaster's authorization.
Additionally, your installation may affect an existing fiber optic parallelism/longitudinal
located on Railroad right-of-way. Therefore, you must also give notification in accordance with
the "Communication Cable or Fiber Optic Protection Rider."
Very truly yours,
Attachment
CSXT Form 2213G- Page 1
Revised February 1999 o
Agreement No. CSX-039393
WIRELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of August 11, 2000, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF SANFORD, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Florida, whose mailing address is Post Office Box 1788, Sanford, Florida 32772-1788,
hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct, use and maintain a wire or cable, solely for the
transmission of stormwater, hereinafter called "Wireline," over or across the track(s) and property
owned or controlled by Licensor at or near Sanford, County of Seminole, State of Florida,
located at Valuation Station 40239+25, Milepost A-765.35, Sanford Subdivision, hereinafter
called the "Crossing," as shown on print of Licensee's Drawing JL039393, dated June 1, 2000,
attached hereto and made a part hereof; other details and data pertaining to said Pipeline being as
indicated on Licensee's Application Form, dated August 11, 2000, also attached hereto and made
a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it present title permits and as it has the
legal right, power and authority to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its property
within the area of the Crossing for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or
change said Wireline at the Crossing above for the term herein stated, and to remove same upon
termination.
1.2 The term Wireline, as used herein, shall include only the wires and/or cables, poles,
guys, anchors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission
usage above within the Crossing, and as shown on attached Application Form.
1.3 No additional Wireline or other facilities shall be placed, allowed, or maintained by
Licensee in, upon or on the Crossing except upon prior separate written consent of Licensor.
CSXT Form 2213G- Page 2
Revised February 1999 o
Agreement No. C SX-039393
2. LICENSE FEE; TERM:
2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee
increases, Licensee shall pay Licensor a one-time nonrefundable License Fee of ONE THOUSAND -
NINE HUNDRED AND 00/100 U.S. DOLLARS ($1,900.00) upon execution of this Agreement.
Licensee agrees that the License Fee applies only to the original Licensee under this Agreement.
In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the
original Licensee changes its name, then Licensee shall be subject to payment of Licensor's
current administrative and document preparation fees for the cost incurred by Licensor in
preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Wireline or Crossing.
2.3 Effective Date of this Agreement shall be the date first written above. License
shall be revocable only in the event of Licensee's default, as herein provided, but shall also
terminate upon (a) Licensee's cessation of use of the Wireline or Occupancy for the purpose(s)
above, (b) removal of the Wireline, and/or (c) subsequent mutual consent.
2°4 In further consideration for the license or right hereby granted, Licensee hereby
agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the
cost of the installation of said Wireline and appurtenances, and/or maintenance thereof, or for
any public works project of which said Wireline is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said
Wireline, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor, or Licensee's particular industry, National
Electrical Safety Code, or any govemmental or regulatory body having jurisdiction over the
Crossing.
3.2 Location and construction of Wireline shall be made strictly in accordance with
design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s)
appropriate for the purpose(s) above recited.
3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s)
satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the
safe use and operation of Licensor's track(s) and appurtenances thereto.
CSXT Form 2213G- Page 3
Revised February 1999 o
Agreement No. C SX-039393
3.4 In the installation, maintenance, repair and/or removal of said Wireline, Licensee
shall not use explosives of any type or perform or cause any blasting without the separate express
written consent of Licensor. As a condition to such consent, a representative will be assigned by
Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or
expense of furnishing said monitor.
3.5 Any repairs or maintenance to Wireline, whether resulting from acts of Licensee, or
natural or weather events, which are necessary to protect or facilitate Licensor's use of its property,
shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has
notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment
and/or employees from damage or injury, may request immediate repair or renewal of the Wireline,
and if the same is not performed, may make or contract to make such repairs or renewals, at the sole
risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or method
of construction or maintenance of said Crossing, nor any approval given or supervision exercised by
Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver
by Licensor of any of the obligations, liability and/or responsibility of Licensee under this
Agreement.
3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including
losses resulting from train delays and/or inability to meet train schedules) arising from any failure of
Licensee to make repairs or maintenance to Wireline or Crossing, or from improper or incomplete
repairs or maintenance of Wireline.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use by Licensee of the
Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all
necessary permit(s) or certificate(s) of approval from any Federal, State, or local public
authorities having jurisdiction over the Crossing or its intended use and, to the extent required by
State law, shall thereafter observe and comply with all applicable requirements of such public
authorities, and all applicable laws and regulations and future modifications thereof, including
any state "One Call" - "Call Before You Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation upon Licensor's property, Licensee, at its
sole cost and expense, shall:
CSXT Form 2213G- Page 4
Revised February 1999 o
Agreement No. CSX-039393
(A)
support track(s) and roadbed of Licensor, in a manner satisfactory to
Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's property or cause
said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor
may approve.
5.2 After construction of Wireline, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property of Licensor, to a
condition satisfactory to Licensor; and
B Remain responsible for any settlement of any disturbed track(s) or roadbed for a
period of one (1) year subsequent to completion of installation.
6. TRACK CHANGES:
6.1 In the event that Licensor's rail operations and/or track maintenance result in
changes in grade or alignment of, additions to, or relocation of Licensor's track(s) or other facilities,
or in the event future use by Licensor of Licensor's fight-of-way or property necessitate any change
of location, height or depth in Wireline or Crossing, Licensee, at its sole cost and expense and
within thirty (30) days after notice in writing from Licensor, shall make changes in Wireline or
Crossing to accommodate Licensor's track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at
Licensee's cost.
7. WIRE CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of Wireline or
Crossing in relation to Licensor's tracks and facilities, and shall relocate Wireline or change
Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part of Wireline (including any change in voltage or gauge of wire), or is
required by any public agency or court order to do so, plans therefor shall be submitted to Licensor
for approval before such change. At~er approval, the terms and conditions of this Agreement shall
apply thereto.
CSXT Form 2213G- Page 5
Revised February 1999 o
Agreement No. CSX-039393
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Wireline/Crossing herein permitted may not presently interfere with
Licensor's railroad or facilities, in the event that the operation, existence or maintenance of said
Wireline, in the reasonable judgment of Licensor, causes: (a) interference (including, but not limited
to, physical interference, interference from an electromagnetic induction, or interference from stray or
other currents) with Licensor's power lines, communication, signal or other wires, train control system,
or electrical or electronic apparatus; or (b) interference in any manner with the operation, maintenance
or use by Licensor of its right-of-way, track(s), structures, pole line(s), devices, other property, or any
appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor
of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take such
remedial action or make such changes in its Wireline or its insulation as may be required in the
reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to
remedy or change, Licensor may do so or contract to do so, at Licensee's sole cost.
8.2 Without assuming any duty heretrader to inspect Licensee's Wireline, Licensor
hereby reserves the fight to inspect same and to require Licensee to undertake repairs, maintenance
or adjustments to Wireline, which Licensee hereby agrees to make promptly, at Licensee's sole cost
and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law, shall
defend, indemnify and save Licensor harmless from and against any and all liability, loss, claim,
suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be
subjected to, on account of death of or injury to any person whomsoever (including officers,
agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any
property whatsoever, arising out of, resulting from, or in any way connected with the
construction, presence, existence, repair, maintenance, replacement, operations, use or removal
of Wireline or any structure in connection therewith, or the restoration of premises of Licensor to
good order or condition after removal, EXCEPT when caused solely by the willful misconduct or
gross negligence of Licensor. HOWEVER, during any period of actual construction, repair,
maintenance, replacement or removal of Wireline, wherein agents, equipment or personnel of
Licensee are on the railroad right-of-way, Licensee's liability hereunder shall be absolute,
irrespective of any joint, sole or contributory fault or negligence of Licensor.
CSXT Form 2213G- Page 6
Revised February 1999 o
Agreement No. C SX-039393
9.2 Use of Licensor's fight-of-way involves certain risks of loss or damage as a result
of Licensor's rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk
of loss and damage to Licensee's Wireline or Property in, on or over the Crossing, including loss
of or any interference with use thereof, regardless of cause, including electrical field creation,
fire or derailment resulting from Licensor's rail operations. For this Section, the term "Licensee's
Property" shall include the Wireline and property of third parties situated or placed upon
Licensor's right-of-way by Licensee or by such third parties at request of or for sole benefit of
Licensee.
9.3 Obligations of Licensee hereunder to defend, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control or are controlled by
or subsidiaries of or are affiliated with Licensor, and their respective officers, agents and
employees.
9.4 If a claim is made or action is brought against either party, for which the other
party may be responsible hereunder in whole or in part, such other party shall be notified and
permitted to participate in the handling or defense of such claim or action.
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of Premises pursuant
to this Agreement, Licensee shall procure and shall maintain during the continuance of this
Agreement, at its sole cost and expense, a policy of Commercial General Liability Insurance
(CGL), naming Licensor as additional insured and covering liability assumed by Licensee under this
Agreement. A coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS
($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property
damage liability is currently recommended as a prudent limit to protect Licensee's assumed
obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days'
notice to RAILROAD prior to cancellation or modification of any policy. Mail CGL certificate,
along with agreement, to CSX Transportation, Inc., Speed Code .1180, 500 Water Street,
Jacksonville, FL 32202. On each successive year, send certificate to Speed Code J907 at the
address listed above.
10.2 If said CGL policy does not automatically cover Licensee's contractual liability
during periods of survey, installation, maintenance and continued occupation, a specific
endorsement adding such coverage shall be purchased by Licensee or Licensee's contractor. If
said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis,
Licensee shall require its Contractor to arrange for adequate time for reporting losses. Failure to
do so shall be at Licensee's sole risk.
10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to
State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising
under this Agreement, under a funded program of self-insurance, which fund will respond to
liability of Licensee imposed by and in accordance with the procedures established by law.
CSXT Form 2213G- Page 7
Revised February 1999 o
Agreement No. CSX-039393
10.4 Securing such insurance shall not limit Licensee's liability under this Agreement,
but shall be additional security therefor.
10.5 Specifically to cover construction and/or demolition activities within fifty feet (50') of
any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed,
overpass or underpass, Licensee shall pay to Licensor the sum of TWO HUNDRED FIFTY AND
00/100 U.S. DOLLARS ($250.00), to cover the cost of adding this Crossing to Licensor's Railroad
Protective Liability (RPL) Policy for the period of actual construction.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over track(s) of Licensor, except at public road
crossing(s), without separate prior written approval of Licensor (CSXT Form 7422).
11.2 IfLicensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Wireline, to place watchmen, flagmen, inspectors or
supervisors for protection of operations of Licensor or others on Licensor's right-of-way at the
Crossing, and to keep persons, equipment or materials away from Licensor's track(s), Licensor shall
have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do
SO.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and labor
agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of
construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and
in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen,
inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of Track Changes or Wire
Changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any work
performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30)
days after receipt of Licensor's bill therefor, subject to Licensee's budgetary rules.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate.
CSXT Form 2213G- Page 8
Revised February 1999 o
Agreement No. CSX-039393
12.4 All undisputed bills or portions of bills not paid within said thirty (30) days shall
thereafter accrue interest at twelve percent (12%) per annum, unless limited by local law, and then
at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such
bills within thirty (30) days, bills shall be presumed undisputed.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement shall be
deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely
perform any of said covenants or to remedy any breach, within thirty (30) days after receiving a
written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of railroad
emergency), unless such work cannot be completed within said time period but Licensee has
commenced and is diligently prosecuting such remedy, Licensor shall have the option of immediately
terminating this Agreement, and of revoking the privileges and powers hereby conferred, regardless of
license fee(s) having been paid in advance for any annual or other period. Upon such termination,
Licensee shall make removal in accordance with Article 14.
13.2 No waiver by Licensor of its fights as to any breach of covenant or condition herein
contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing by
Licensor.
14. TERMINATION, REMOVAL:
14.1 All fights which Licensee may have hereunder shall cease upon the date of (a)
termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Wireline
from the Crossing. However, neither termination nor revocation of this Agreement shall affect any
claims and liabilities which have arisen or accrued hereunder, and which at the time of termination
or revocation have not been satisfied; neither party, however, waiving any third party defenses or
actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and
· expense, shall (a) remove Wireline from the right-of-way of Licensor, unless the parties hereto
agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c)
reimburse Licensor any loss, cost or expense of Licensor resulting from such removal.
15. NOTICE:
15.1 Licensee shall give Licensor's Chief Regional Engineer (Southem Region, 6735
Southpoint Drive, South, Jacksonville, FL 32216) at least five (5) days written notice before doing
any work on Licensor's fight-of-way, except that in cases of emergency shorter notice may be given
to said Chief Regional Engineer.
CSXT Form 2213G- Page 9
Revised February 1999 o
Agreement No. CSX-039393
15.2 All other notices and communications concerning this Agreement shall be addressed
to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT
Contract Administration, J180; or at such other address as either party may designate in writing to
the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent
via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered
delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall
obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent
shall not be unreasonably withheld.
16.2 Subject to Sections 2.2 and 16.1, this Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by merger,
consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a
copy of all documents attesting to such change or legal succession, within thirty (30) days thereof.
16.4 Licensor expressly reserves the fight to assign this Agreement, in whole or in part, to
any grantee or vendee of Licensor's underlying property interests in the Crossing, upon written
notice thereof to Licensee.
16.5 In the event of any tunauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the fights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of such
revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur
as a result of Licensee's failure to obtain said consent.
16.6 In the event of sale or other conveyance by Licensor of its Right-of-Way, across,
under or over, which the Crossing(s) is constructed, Licensor's conveyance shall be made subject to
the right of Licensee to continue to occupy the Crossing on the specific segment of Right-of-Way,
and to operate, maintain, repair, renew thereon and to remove therefrom the facilities of Licensee,
subject to all other terms of this Agreement.
CSXT Form 2213G- Page 10
Revised February 1999 o
Agreement No. CSX-039393
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands, fights-of-
way and rail corridors under all forms and qualities of ownership fights or facts, from full fee simple
absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to
act as any warranty, guaranty or representation of the quality of Railroad's title for any particular
Crossing(s) or segment of Right of Way occupied, used or enjoyed in any manner by Licensee
under any fights created in this Agreement. It is expressly understood that Railroad does not
warrant title to any Right-of-Way and Licensee will accept the grants and privileges contained
herein, subject to all lawful outstanding existing liens, mortgages and superior fights in and to the
Right-of-Way, and all leases, licenses and easements or other interests previously granted to others
therein.
17.2 The term "license," as u~sed herein, shall mean with regard to any portion of the
Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of
the State where the Crossing is located otherwise permits Licensor to make such grants to Licensee,
as "permission to use" the Right-of-Way, with dominion and control over such portion of the Right-
of-Way remaining with Licensor, and no interest in or exclusive fight to possess being otherwise
granted to Licensee. With regard to any other portion of Right-of-Way occupied, used or controlled
by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the
Right-of-Way and grants no other rights whatsoever under this Agreement, such waiver continuing
only so long as Licensor continues its own occupation, use or control, and Licensee acknowledges
that it does not have the right to occupy any such portion of the Right-of-Way without also
receiving the consent of the owner of the fee simple absolute estate. In such cases, Licensee shall
not be permitted access to the Right-of-Way until it provides Licensor with evidence, reasonable
satisfactory in Licensor's sole discretion, that it has either obtained the consent of the owner of the
fee simple absolute estate, or does not otherwise require such consent. Further, Licensee shall not
obtain, exercise or claim any interest greater than the rights of Licensor in the Right-of-Way, under
this Agreement.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its fight, to any claim against Railroad for damages on account of any
deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Railroad's title to
any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation
for slander of title, overburden of easement, or similar claims arising out of or based upon
Licensee's facilities placement, or the presence of Licensee's facilities in, on or along any
Crossing(s), including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
Licensor's property occupied by the Crossings(s), nor shall the exercise of this Agreement for any
length of time give rise to any right title or interest in License to said property other than the license
herein created.
CSXT Form 2213G- Page 11
Revised February 1999 o
Agreemere No. CSX-039393
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire understanding
between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Neither the form of this Agreement, nor any language herein, shall be interpreted or
construed in favor of or against either party hereto as the sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable Federal, State,
County, Municipal or other local statute, ordinance or law(s). However, each separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and
severable stares for the determination of legality, so that if any separate division is determined to be
void or unenforceable for any reason, such determination shall have no effect upon the validity or
enforceability of each other separate division, or any combination thereof.
18.5 This Agreement shall be construed and govemed by the laws of the state in which
the Wireline and Crossing is located.
19. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ X ] Telecommunication Cable or Fiber Optic line
CSXT Form 2213G- Page 12
Revised February 1999 o
Agreement No. CSX-039393
IN WITNESS WI-IEEOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the date and year first above written.
Witness for Lice~,
Witness for Licensee:
Print/Type Name:
Karcn E. Mohier
Director-Contract Administration
Print/Type Title: ~
~TY O~SA .~
: ~l~!~,yb~ution hereof, affirms that he/she
has the authority to do so and to bind the Licensee
to the terms and conditions of this Agreement.
Print/Type Name:
Print/Type Title:
Tax Identification Number: $'V % ~o~ ,~ 2 ~-
Authority under Ordinance or
Resolution No. d(TY C H,947~-~
dated l//a '7/7 'l
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
1. No construction of any type pursuant or related in any way to this Agreement shall
be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee,
without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable
Occupier(s):
("MCI ")
Mr. Cat Van Wagner, Supervisor
MCI Telecommunications Corporation
2250 Lakeside Blvd
Dept 2855 Location 642
Richardson, TX 75082
Phone No. (800) 624-9675
or (972) 656-5474
(NOTE: WRITTEN CONSENT OF MCI IS ALSO
REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general plan, elevation,
details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or
facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or
located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of
such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s).
CSX TRANSPORTATION, INC.
Licensor:
(Initial)
(Date)
CITY OF SANFORD
(Date)
CSXT 7455 REV. 1/lb
APPLICATION FOR PIPELINE CROSSING UNDER/OVER PROPERTIES AND TRACK
Location:Val.Sta. ~/4)~_.,_~tF ~t ~'j Milepost /9 No. Crossings /
Application and plans must be approved and written authority received from the Railroad Company before construction is begun.
Original and one copy of both application and drawing, along with a nonrefundable Application Fee in the amount of $350.00 should be
submitted to: CSX Transportation, Property Services J180, 500 Water Street, Jacksonville, FL 32202.
Reference/File Number: 80620.03
2. Complete Legal Name of applicant:
Company Contact Name: Mike Crampton
Telephone: ( 407 ) 330-5639
3. Address: P.O. Box 1788 City:
4. Type of business: Individual, Developer, X
,
7.
8.
9.
10.
1I.
12.
13.
14.
City of Sanford
Title: Utility Engineer
Fax: ( 407 ) 330-5646
Sanford State: FL Zip: 32772-1788
Municipality, __ Corporation, (State in which
incorporated: ),
Location: 1830 feet South East
Valuation Station of Crossing if known:
Town: Sanford
Angle of Crossing:
Temporary track support or riprapping required? Yes
Wires, poles, obstructions to be relocated? Yes
Product to be conveyed Waste Water
__ Partnership, (type and state of Partnership
(direction) from Railroad Milepost
Val. Map No.
County: Seminole
765
State:
No
No
Flammabte? Yes
(Describe and Detail on Drawing)
(Describe and Detail on Drawing)
No X Temperature
FL
Hydro Static
Max. Working Pressure 100 PSI. Field Test Pressure 150 PSI. Type Test
Location ofshut-offvalves Pipe to be plugged at both ends ofr/w
Number of manholes located on Railroad Right-of Way:
PIPE SPECIFICATIONS: CARRIER PIPE:
Material Ductile Iron
Material Specifications & Grade ANSI/AWWA C150/A21.50, C151/A21.51 Grade I
CASING PIPE:
Steel
A139 Grade B
PC 350 35,000
8.55" 19.656"
0.25" 0.344"
9.05" 20"
Restrained Joint Welded
Rubber Gasket Welded
150 150
Height above ground
One end
6 inches, Bury (Not beneath tracks)
inches
No X
No X Kind
Bore & Jack and open cut (see drawings)
Minimum Yield Strength of Material PSI
Inside Diameter
Wall Thickness
Outside Diameter
Type of Seam
Kind of Joints
Total Length Within Railroad Right-of-Way
Vents: Number 0 Size
Seals: Both ends Yes
Bury: Base of rail to top of casing 5 feet,
Bury: (Below ditches) N/A feet,
CATHODIC PROTECTION: Yes
PROTECTIVE COATING: Yes
Method of installation
3 feet, 0 inches
N/A
N/A
Company employees
15.
16. If application is a revision to an existing agreement, give agreement number and date:
17. If this is a supplement to a master (general) agreement, give agreement number and date:
18. If Aegis member, work to be performed by: Contractor
19. Will pipe be located in limits of public road Right-of-Way? Yes No X (If "yes", show name road number and
Width of Right-of-Way on print). DOT/MR Crossing No.
Proposal and construction must be in accordance with CSXT's Specifications, The American Railway Engineering Association, and any
governing laws or regulations. Please note that although the specifications furnished in the Pipeline Application Package are to be used
as guideline only, CSXT reserves the right to approve or decline an application.
Please Type or Print: Paul Moore, P.E. Utility Director ( 407 ) 330-5600
Name Title Telephone Number
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