305-CSX Transportation Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Fur~ish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
"the Agreement exactly as the name is set out in the caption of the
Agreement, If the name is set out erroneously in the Agreement
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
4. The signatu es must be WITNESSED by ~o (2) witnesses in the
spaces ovided.
5. ~~d T~TLE(S] of person(s) executing the document must
be ~ped or printed in ink directly beneath signature(s).
7. Check and initial you~ payment p~e{erence in Article __
9. ~nish Certificate of Insurance as evidenced by Article //.
10. ~~t to receipt of a fully executed copy of this Agreement,
you must ~otify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
~otice of the date and time you desire to perfoPm any work o~
Railroad property.
11. If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Zip Code
CSXT Form 2037-G -Sheet 1
Revised April 1989
RE-91326
PS\339156D. PTY
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 1st day of June, 1989, 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 under the laws of
the State of Florida, whose mailing address is Post Office Box 1778,
Sanford, Florida 32772-1778, hereinafter called "Licensee", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of raw sewage only, hereinafter called
"Pipellne" under or across the track(s) and property owned or controlled by
Licensor at or near Sanford, County of Seminole, State of Florida, at a
point 1,450 feet eastwardly measured along the center line of Licensor's
main track(s) from Licensor's Milepost ATA-770, Sanford Subdivision
(Station No. --), hereinafter called the "CrossinK"; as shown on print of
Licensee's Drawing attached hereto and made a part hereof; other details
and data pertaining to said Pipellne being as indicated on Licensee's
Application Form, dated April 12, 1989, 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:
LICENSE:
1.1 Licensor, insofar as it has the legal right, power and authority
to do so, 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 Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
GSXT Form 2037-G -Sheet 2
Revised April 1989
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay to Licensor
the following (Licensee shall check and initial one):
[ ] (A) An initial license fee of THREE HUNDRED TWENTY-FIVE U.S.
DOLLARS ($325.00) and thereafter an annual license fee of
FIFTY U.S. DOLLARS ($50.00), payable annually in advance
on the anniversary date of this Agreement. Such annual
fee shall be subject to periodic review and adjustment by
Licensor. Payment by Licensee of any annual license fee
shall not be held to create an irrevocable license for any
period beyond said one (1) year term. This license shall
remain in effect from year to year, subject to the right
of either party hereto to terminate at the end of any one
(t) year term by written notice given to the other party
at least thirty (30) days prior to the end of such term.
[ ] (B) A five (5) year initial license fee of FIVE HUNDRED
SEVENTY-FIVE U.S. DOLLARS ($575.00). In the event of
termination of this license prior to the expiration of
five (5) years, a prorated refund shall be paid to
Licensee, unless said termination is due to cause of or
default of Licensee - in which event, no refund is
payable. Any further term or renewal must be
renegotiated. License shall be revocable during term only
in event of breach or default by Licensee.
(C) A one-time license fee of ONE THOUSAND SEVENTY-FIVE U.S.
~/~ DOLLARS ($1,075.00). License shall be revocable only in
the event of Licensee's default. License shall also end
upon Licensee's cessation of use for the purpose(s) above.
2.2 In any term, Licensee assumes sole responsibility for and, to the
extent permitted by State law, shall pay directly (or reimburse Licensor
for) any additional taxes and/or assessments levied against Licensor or
Licensor's property solely on account of Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
Licensee's particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken at time(s) satisfactory to Licensor and in a manner so as to
CSXT Form 2037-G -Sheet
Revised April 1989
eliminate or minimize any impact on or interference with the safe use and
operation of Licensor's track(s) and appurtenances thereto. In the
installation and/or maintenance of said Pipeline, 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.
3.4 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which pipellne and appurtenances are a part.
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 permits or licenses 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 the requirements of such public
authorities, and all applicable laws and regulations and future
modifications thereof.
4.2 Licensee assumes sole responsibility for failure to obtain such
permits or licenses, any violations thereof, or for costs or expenses of
compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance, whether or not
said repairs or maintenance result from acts of Licensee, or natural or
weather events.
5.2 In the event of Licensee's failure to repair or maintain, or in
the event such repairs or maintenance generate cost or expense to Licensor
(including train delays and/or inability to meet train schedules), Licensee
shall be solely responsible for such failure, costs and expense, and, to
the fulleat extent permitted by State law~ Licensee shall reimburse
Licensor such costs or expenses as additional rents hereunder.
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensorts
property, Licensee, at its sole cost and expense, shall:
~-~
CSXT Form 2037-G -Sheet
Revised April 1989
(A) Erect, maintain and periodically verify the accuracy of
aBoveground markers, in a form approved By Licensor, indicating the
location, depth and ownership of Pipeline or other facilities]
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
6.3 Upon removal of Pipeline, Licensee shall leave Licensor's
property in a condition satisfactory to Licensor.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including changes in or additions to Licensor's track(s) or other
facilities) necessitate any change of location~ height or depth of Pipeline
or Crossing, Licensee, at its sole cost and expense and within twenty
days after notice in writing from Licensor, shall make changes in Pipeline
or Crossing to accommodate Licensor's tracks or operations. Any
alternative costs or expenses incurred by Licensor to accommodate the
continued use of Licensor's property by Licensee shall also be paid by
Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement or any public authority.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise~ renew> relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or carrier pipe or change in
materials transmitted in and through said pipe), plans therefor shall be
submitted to Licensor for approval before any such change is made. After
approval the terms and conditions of this Agreement shall apply thereto.
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the reasonable judgment of Licensor~ causes: (a) interference
(physical> magnetic or otherwise) with Licensor's power lines,
communication, signal or other wires~ train control system, or facilities;
~'~
CSXT Form 2037-G -Sheet 5
Revised April 1989
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
make such changes in its Pipeline as may be required in the reasonable
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and, to the fullest extent permitted by
State law (Section(s) , Florida
Statutes), shall at all times hereafter indemnify, defend 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 (including
contents of Pipeline), arising out of, resulting from, or in any way
connected with the construction, repair, maintenance, replacement,
presence, existence, operations, use or removal of Pipeline or any
structure in connection therewith, or restoration of premises of Licensor
to good order or condition after removal, EXCEPT when caused solely by the
fault, failure or negligence of Licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's Pipeline or Property (including contents of Pipeline) which may
result from fire or derailment arising out of Licensor's rail operations.
For this Section the term "Licensee's Property" shall include property of
third parties situated or placed upon Licensor's property by Licensee or by
such third parties at request of or for benefit of Licensee.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss for Licensee's failure to maintain either the required
clearances for any overhead Pipeline or the required depth and encasement
for any underground Pipeline, whether or not such loss(es) result(s) in
whole or part from Licensor's contributory negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
CSXT Form 2037-8 -Sheet 6
Revised April 1989
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
11. INSURANCE:
1t.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Licensee shall procure, or require any
contractor(s) to procure, and shall maintain during the continuance of this
Agreement, at Licensee's sole cost and expense, a policy of Public
Liability Insurance or Commercial Liability Insurance, naming Licensee as
insured and covering liability assumed by Licensee under this Agreement. A
coverage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined
Single Limit per occurrence for bodily injury liability and property damage
liability is recommended as a prudent limit to protect Licensee's assumed
obligations.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange or require its contractors to
arrange for adequate time for reporting losses. Failure to do so shall be
at Licensee's sole risk. If said 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.
11.3 Licensor may, at any time prior to commencement of construction
on the Project, request evidence of insurance purchased by Licensee or
Licensee's Contractor to comply with this requirement, and may demand that
Licensee or Licensee's Contractor purchase insurance deemed adequate by
Licensor, but not in excess of the insurance specified by this Agreement.
Failure of Licensee or Licensee's Contractor to comply with Licensor's
demand shall be considered a default by Licensee subject to Article 19.
Securing by Licensee of insurance hereunder shall not limit Licensee's
liability under this Agreement, but shall be additional security therefor.
11.4 Notwithstanding the provisions of Sections 11.1 and 11.4,
Licensee may self-insure in any amount(s) any (all) liability arising under
this Agreement.
12. GRADE CROSSINGS:
12.1 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 2037-G -Sheet 7
Revised April 1989
13, FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, removal, alteration, change or removal
of said Pipeline, to place watchmen, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 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, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchmen,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages ("force account work") 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, force account insurance and vacation allowances for
Licensor's employees, and insurance and freight and handling charges on all
material used. Any equipment rentals shall be payable by Licensee in
accordance with Licensor's fixed applicable rate.
14.3 All undisputed bills or portions of bills not paid within said
thirty (30) days shall thereafter accrue interest at the highest rate
permissible by local law or twelve percent (12%) per annum, whichever is
lower. Unless Licensee shall have furnished detailed objections to such
bills within said thirty (30) days, bills shall be presumed undisputed.
15. TERM|NATiON, REMOVAL:
15.1 On or before termination of this Agreement, or within thirty
(30) days of cancellation or revocation, Licensee, at its sole risk and
expense, shall remove Pipeline from the property of Licensor, unless the
parties hereto agree otherwise, and shall restore property of Licensor in a
manner satisfactory to Licensor, and reimburse Licensor all loss, cost or
expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination, cancellation or revocation of this Agreement shall not affect
any claims and liabilities which may have arisen or accrued hereunder to or
for either party, and which at the time of termination~ cancellation or
revocation have not been satisfied; neither party, however, waiving any
defenses.
~-~
CSXT Form 2037-G -Sheet 8
Revised April 1989
16, NOTICE:
16.1 Licensee shall give Licensor's Division Manager (5656 Adamo
Drive - Tampa, Florida 33619-3240) at least five (5) days' written notice
before doing any work of any character hereunder on Licensor's property,
except that in cases of emergency shorter notice may be given to Licensor's
Division Engineer.
16.2 All other notices and communications concerning this Agreement
shall be addressed to Licensee at the address above; and all other notices
to Licensor at the address above, c/o CSXT Property Services J180; or at
such other address as either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
he in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon actual receipt or upon date of
refusal of delivery.
17. ASSIGNMENT:
17.1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Sections 2.1 and 17.1, this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their
respective successors or assigns.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipellne, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and of
revoking the privileges and powers hereby conferred upon Licensee.
GSXT Form 2037-G -Sheet 9
Revised April 1989
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 Neither the form nor any language of this Agreement shall be
interpreted or construed in favor of or against either party hereto as the
sole drafter thereof.
23.2 This Agreement is executed by all parties under current
interpretation of any and all applicable federal, state, county, municipal
or other local statute, ordinance or law. However, each and every separate
division (paragraph, clause, item, term, condition, covenant or agreement)
herein contained shall have independent and severable status from each
other, separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, vlolative of trade or commerce in contravention
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
CSXT Form 2037-G -Sheet 10
Revised April 1989
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ ] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] High tension wire limits
[ ] Telecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) the date and year
first above written.
Witness(es) for Licensor: CSX TRANSPORTATION, ING,:
' itle:Dil~C'~OR CO~~
CSX Rail Transport
Witness(es) for Licensee: CITY OF SANFORD, FLORIDA:
Ti~.'
} YS~602.48 ..
;;: APR Z 4
Rev. 8-1-88
.;
APPLICATION ~OR pIPRT. TNM CROSSING/pAPIr. T~-MSM UNDKR/O¥~J{ PROP~J~i'iES AND TRACI~
Plans for proposed installation shall be submitted to and meet the approval of the
allroad Company before construction is begun. Material and installation are to be in strict
~ccordance wlthtspeoifications of the American Railway En ineering Association and requirements
of CSX Trans or ation. 0riginal and four (~) copies of t~is form shall be submitted,
accompanied ~y five (5) lettersize prints of a drawin showing plan, elevation section of
crosszng from field survey, location in respect to mi~epost, wiath of Railroad's right of wa ,
location of ad'acent structures affectin~ crossing, and all information required in Figures
and 2 of AREA ~pecifioations, Part 5 - Pi elines. If open cutting or tunneling is necessary,
details of sheeting and method of supporting tracks or ariving tunnel shall be shown.
1. Complete Legal Name of Applicant City of Sanford
Telephone: ~ 407 )330-5600
2. Post Office Address P.o. Box 177~ CitySanford BTFL Zip 32772-1778
3. Par%nership - name & initials all partners women - given and surnames before marriage-
and present ~/A
~. If incorporated, name of state in which incorporated Floriaa
5. Location. 1450 feet East (direction) from nearest RR Milepost A-770
6. Nearest Station Sanford County: Seminole 5ta~e: Florida
7. Within limits of public highway? Yes Nox If yes, show the road right ofway on
print. DOT/AAR Crossing No.
8. Temporary track support or riprapping required? ( ) Yes (x) No - Describe
9. Wires, poles, obstructions to be relocated? ( ) Yes (x) No - Describe
10. Product to be conveyed Raw Sewage Flammable? ( ) Yes (x) No Temperature Ambient
tl. Max. Working Pressure 2Q PSI. Field Test Pressure 150 PSI. Type Test H~drostati
12. Location of shu~-off valves 525' North of Railroad/Pipe Crossinq
13. PIPE SPECIFICATIONS: CARRIE~ PIPE CASIN~ PIPE
Material Pvc steel
Material specifications & Grade ASTM D2241, DR 18 ASTN A139, Grade
Min. Yield Strength of Materjail PSI N/A 35,000 ~in.
Mill Test Pressure PSI N/A 7~i PSI
'Inside Diameter 6.134" 17.376"
Wall Thickness 0.383" 0.312"
Outside Diameter 6.900"
Type of Seam ~I/A None
Laying Lengths · 20' ~'LF
Kind of Joints Rubber Gasket Push On Welded
Total Length Within RR R/W 112' 55 L~
Vents: Number NA Size Hgt. above ~round
Seals: Both ends Grouted one end
Bury: Base of rail to top of casing 5 ft. 6 in.
Bury: CNot beneath tracks) 5 ft. 6 in.
Bury: CRoadway ditches) NA ft. in.
CATHODIC PROTECTION: ( ) Yes (X) No
PROTECTIVE COATING: (X) Yes ( ) No Kind 30 Mil Coal Tar Lininq
Type, size and spacing of insulators or supports Pressure Treatea Wood SKids (2"x4" Min)
I~. Method of installation Bore and Jack
If application is approved, applicant agrees to reimburse the Railroad for any cost
'-curred by ~he Railroad incident to installation, maintenance and or supervision necessitated
'n]uries which arise as a result of this installation. Should open cut installation be
required, a non-refundable charSe of $ will be required to resurface ~racks.'
Dane 5i~na~ur f Officer Si~ning Application
Frank A. ~aison, City P~anager 407 330-5600
Please print or ~ype: Name ?i~ie TeLephone No.
RECEIVED
500 Water Street, SC JISO
Jacksonville, FL 32202
TRiIKlq~O~A~ON JUN ~9 (904) 359-1387
CSX RAIL TRANSPORT
CiTY OF SANFORD:
W. E. Bowma~
Assistant Man~er-UtiHty CoTltr~t~
Property Services
June 28, 1989
When corresponding, always
refer to: RE-91325-LA
RE-91326-LA
Hr. Frank A. Faison, City Hanager
City of Banford
Post Office Box 1778
Sanford, Florida 32772-1778
Dear Hz. Falson:
Attached, are two agreements between CSX Transportation, ~nc. and City
of Sanford, covezing the installation and maintenance of raw sewage pipelines
crossing Retireadds right of way and trackage at locations listed below:
1. Agreement dated Hay 31, 1989, for a raw sewage pipeline
crossing 1,810 feet north of Hiltpost A-767, at or n~ar
Sanford, Florida (RE-91325).
2. Agreement dated June l, 1989, for a raw sewage pipeline
crossing 1,~50 feet east of Hiltpost ATA-770, ae or near
Sanford, Florida (RE-91326).
Please note Item 10 on the CCB Forms attached to your
duplicate-originals of the agreemen.ts and the required notification to be
given the office of the D~vlslon Engineer when you coordinate
installation ~itb that office.
Further correspondence related eo these agreements should be directed to:
Hr. C. H. K~efer, Jr., Division Hanager
CSX Transportation, Inc.
5656 Adamo Drive
Tampa, FL 33619-32~0
referring to hts File 13-16828 and 13-16829.
Very truly yours,
W. E. Bowman
Attachment
' ?'~ A Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
P
ed by
the President, Vice President or an officer authorized by Board
Resolution to execute legal d~uments on behalf of the CorpoPation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appeaPs, (FuP~ish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
the AgPeement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
Snitialed where it appeaPs.
3. If the AgPeement is with a PARTNERSHIP, all general members
the partnership should execute the document unless one member
the firm has been designated managing paPtneP oP expressly by the
partnership to execute this AgPeement. (Furnish copy of such
authori~. )
/
4. ~ signatures must be WITNESSED by ~o (2) witnesses in the
spaces provided.
5. ~) and TiTLE(S) of person(s) executing the d~ument must
be or pPinted in ink directly beneath signature(s).
6. Article(s) ~. ~ - .
~~g the greement, please (urnish fee(s) set out in
7. Check and initial your payment preference in Article
8. ~ia~and date each rider attached to the document following
the e~cution sheet.
9. ~sh Certificate of Insurance as evidenced by Article
10. ~ ~quent to receipt of a fully executed copy of this Agreement,
you must notify the Division EngineeP's office at Tampa, Florida,
Telephone (813) 626-42~4, extending at least five (5) days' advance
notice of the date and time you desire to perfoPm any work on
Railroad propePty.
11. If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Zip Code
CSXT Form 2037-G -Sheet 1
Revised April 1989
RE-91325
PS\339 156C. PTY
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 31st day of May, 1989, 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 under the laws of
the State of Florida, whose mailing address is Post Office Box 1778,
Sanford, Florida 32772-1778, hereinafter called "Licensee", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of raw sewage only, hereinafter called
"Pipeline" under or across the track(s) and property owned or controlled by
Licensor at or near Sanford, County of Seminole, State of Florida, at a
point 1,810 feet northwardly measured along the center line of Licensor's
main track(s) from Licensor's Milepost A-767, Lakeland Subdivision (Station
No. --), hereinafter called the "Crossing"; as shown on print of Licenseets
Drawing attached hereto and made a part hereof; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application
Form, dated April 12, 1989, 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 Licensor, insofar as it has the legal right, power and authority
to do so, 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 hereln
contained;
does hereby license and Rermit Licensee to construct, maintain, repair~
renew, operate, use, alter or change said Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 THe term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CSXT Form 2037-G -Sheet 2
Revised April 1989
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay to Licensor
the following (Licensee shall check and initial one):
[ ] (A) An initial license fee of THREE HUNDRED TWENTY-FIVE U.S.
DOLLARS ($325.00) and thereafter an annual license fee of
FIFTY U.S. DOLLARS ($50.00), payable annually in advance
on the anniversary date of this Agreement. Such annual
fee shall be subject to periodic review and adjustment by
Licensor. Payment by Licensee of any annual license fee
shall not be held to create an irrevocable license for any
period beyond said one (1) year term. This license shall
remain in effect from year to year, subject to the right
of either party hereto to terminate at the end of any one
(1) year term by written notice given to the other party
at least thirty (30) days prior to the end of such term.
[ ] (B) A five (5) year initial license fee of FIVE HUNDRED
SEVENTY-FIVE U.S. DOLLARS ($575.00). In the event of
termination of this license prior to the expiration of
five (5) years, a prorated refund shall be paid to
Licensee, unless said termination is due to cause of or
default of Licensee - in which event, no refund is
payable. Any further term or renewal must be
renegotiated. License shall be revocable during term only
in event of breach or default by Licensee.
(C) A one-time license fee of ONE THOUSAND SEVENTY-FIVE U.S.
DOLLARS ($1,075.00). License shall be revocable only in
the event of Licensee's default. License shall also end
upon Licensee's cessation of use for the purpose(s) above.
2.2 In any term, Licensee assumes sole responsibility for and, to the
extent permitted by State law, shall pay directly (or reimburse Licensor
for) any additional taxes and/or assessments levied against Licensor or
Licensor's property solely on account of Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
Licensee ' s particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken at time(s) satisfactory to Licensor and in a manner so as to
CSXT Form 2037-G -Sheet 3
Revised April 1989
eliminate or minimize any impact on or interference with the safe use and
operation of Licensor's track(s) and appurtenances thereto. In the
installation and/or maintenance of said Pipeline, 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.
3.4 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which pipeline and appurtenances are a part.
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 permits or licenses 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 the requirements of such public
authorities, and all applicable laws and regulations and future
modifications thereof.
4.2 Licensee assumes sole responsibility for failure to obtain such
permits or licenses, any violations thereof, or for costs or expenses of
compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance, whether or not
said repairs or maintenance result from acts of Licensee, or natural or
weather events.
5.2 In the event of Licensee's failure to repair or maintain, or in
the event such repairs or maintenance generate cost or expense to Licensor
(including train delays and/or inability to meet train schedules), Licensee
shall be solely responsible for such failure, costs and expense, and, to
the fullest extent permitted by State law, Licensee shall reimburse
Licensor such costs or expenses as additional rents hereunder.
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
CSXT Form 2037-G -Sheet 4
Revised April 1989
(A) Erects maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
6.3 Upon removal of Pipellne, Licensee shall leave Licensor's
property in a condition satisfactory to Licensor.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including changes in or additions to Licensor's track(s) or other
facilities) necessitate any change of location, height or depth of Pipeline
or Crossing, Licensee, at its sole cost and expense and within twenty (20)
days after notice in writing from Licensor, shall make changes in Pipeline
or Crossing to accommodate Licensor's tracks or operations. Any
alternative costs or expenses incurred by Licensor to accommodate the
continued use of Licensor's property by Licensee shall also be paid by
Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement or any public authority.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or carrier pipe or change in
materials transmitted in and through said pipe), plans therefor shall be
submitted to Licensor for approval before any such change is made. After
approval the terms and conditions of this Agreement shall apply thereto.
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the reasonable judgment of Licensor, causes: (a) interference
(physical, magnetic or otherwise) with Licensor's power lines,
communication~ signal or other wires, train control system, or facilities;
CSXT Form 2037-G -Sheet
Revised April 1989
or (b) interference in any manner with the operation, maintenance or use hy
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
make such changes in its Pipeline as may be required in the reasonable
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and, to the fulleat extent permitted by
State law (Section(s) , Florida
Statutes), shall at all times hereafter indemnify, defend 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 (including
contents of Pipeline), arising out of, resulting from, or in any way
connected with the construction, repair, maintenance, replacement,
presence, existence, operations, use or removal of Pipeline or any
structure in connection therewith, or restoration of premises of Licensor
to good order or condition after removal, EXCEPT when caused solely by the
fault, failure or negligence of Licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's Pipeline or Property (including contents of Pipeline) which may
result from fire or derailment arising out of Licensor's rail operations.
For this Section the term "Licensee's Property" shall include property of
third parties situated or placed upon Licensor's property by Licensee or by
such third parties at request of or for benefit of Licensee.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss for Licensee's failure to maintain either the required
clearances for any overhead Pipeline or the required depth and encasement
for any underground Pipeline, whether or not such loss(es) result(s) in
whole or part from Licensor's contributory negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
CSXT Form 2037-G -Sheet 6
Revised April 1989
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
11. INSURANCE:
11.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Licensee shall procure, or require any
contractor(s) to procure, and shall maintain during the continuance of this
Agreement, at Licensee's sole cost and expense~ a policy of Public
Liability Insurance or Commercial Liability Insurance, naming Licensee as
insured and covering liability assumed by Licensee under this Agreement. A
coverage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined
Single Limit per occurrence for bodily injury liability and property damage
liability is recommended as a prudent limit to protect Licensee's assumed
obligations.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange or require its contractors to
arrange for adequate time for reporting losses. Failure to do so shall be
at Licensee's sole risk. If said 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.
11.3 Licensor may, at any time prior to commencement of construction
on the Project, request evidence of insurance purchased by Licensee or
Licensee's Contractor to comply with this requirement, and may demand that
Licensee or Licensee's Contractor purchase insurance deemed adequate by
Licensor, but not in excess of the insurance specified by this Agreement.
Failure of Licensee or Licensee's Contractor to comply with Licensor's
demand shall be considered a default by Licensee subject to Article
Securing by Licensee of insurance hereunder shall not limit Licensee's
liability under this Agreement, but shall be additional security therefor.
11.4 Notwithstanding the provisions of Sections 11.1 and 11.4,
Licensee may self-insure in any amount(s) any (all) liability arising under
this Agreement.
12. GRADE CROSSINGS:
12.1 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 2037-G -Sheet 7
Revised April 1989
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, removal, alteration, change or removal
of said Pipeline, to place watchman, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's railroad
operating rules and labor agreements, Licensee may provide flagmen,
watchman, inspectors or supervisors, during all times of construction, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchman,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages ("force account work") 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, force account insurance and vacation allowances for
Licensor's employees, and insurance and freight and handling charges on all
material used. Any equipment rentals shall be payable by Licensee in
accordance with Licensor's fixed applicable rate.
14.3 All undisputed bills or portions of bills not paid within said
thirty (30) days shall thereafter accrue interest at the highest rate
permissible by local law or twelve percent (12%) per annum, whichever is
lower. Unless Licensee shall have furnished detailed objections to such
bills within said thirty (30) days, bills shall be presumed undisputed.
15. TERMINATION, REMOVAL:
15.1 On or before termination of this Agreement, or within thirty
(30) days of cancellation or revocation, Licensee, at its sole risk and
expense, shall remove Pipeline from the property of Licensor, unless the
parties hereto agree otherwise, and shall restore property of Licensor in a
manner satisfactory to Licensor, and reimburse Licensor all loss, cost or
expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination, cancellation or revocation of this Agreement shall not affect
any claims and liabilities which may have arisen or accrued hereunder to or
for either party, and which at the time of termination, cancellation or
revocation have not been satisfied; neither party, however, waiving any
defenses.
CSXT Form 2037-G -Sheet 8
Revised April 1989
16. NOTICE:
16.1 Licensee shall give Licensor's Division Manager (5656 Adamo
Drive - Tampa, Florida 33619-3240) at least five (5) days' written notice
before doing any work of any character hereunder on Licensor's property,
except that in cases of emergency shorter notice may be given to Licensor's
Division Engineer.
16.2 All other notices and communications concerning this Agreement
shall be addressed to Licensee at the address above; and all other notices
to Licensor at the address above, c/o CSXT Property Services J180; or at
such other address as either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon actual receipt or upon date of
refusal of delivery.
17. ASSIGNMENT:
17,1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Sections 2.1 and 17.1, this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their
respective successors or assigns.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and of
revoking the privileges and powers hereby conferred upon Licensee.
CSXT Form 2037-G -Sheet 9
Revised April 1989
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 Neither the form nor any language of this Agreement shall be
interpreted or construed in favor of or against either party hereto as the
sole drafter thereof.
23.2 This Agreement is executed by all parties under current
interpretation of any and all applicable federal~ state, county, municipal
or other local statute, ordinance or law. However, each and every separate
division (paragraph, clause, item, term, condition, covenant or agreement)
herein contained shall have independent and severable status from each
other, separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violaLive of trade or commerce in contravention
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
CSXT Form 2037-G -Sheet 10
Revised April 1989
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ ] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] High tension wire limits
[X] Telecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) the date and year
first above written.
Wltness(es) for Licensor: CSX TRANSPORTATION, INC.:
Witness(es) for Licensee: CITY OF SANFORD, FLORIDA:
~'~
CSXT Form 2037-G -Sheet 11
Revised April 1989
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
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 giving at least
thirty (30) days written notice to, and receiving written consent from the
following parallel cable occupier(s):
[ X ] ("WTG-East, Inc.") Mr. Greg Bordelon
Outside Plant Coordinator
Williams Talecommunications Group
2839 Paces Ferry Road
Overlook II, Suite 1300
Atlanta, GA 30339
Phone No, (404) 438-5664 Collect
[ X ] ("U.S. Sprint") Mr. John Fleeman
Manager of Facility Operations
U.S. Sprint Communications Company
3065 Hargrove Road, Suite 465
Atlanta, GA 30339
Phone No. (404) 859-8770 Collect
[ ] ("MCI") Mr. Randy K. Dellinger
MCI Talecommunications Corporation
400 International Parkway
Richardson, TX 75081
Dept. 1106/041
Phone No. 1-800-624-9675
[ ] ("AT&T") Mr. Robert Ash, Supervisor
AT&T Communications
Central Region
Route 1
2869 North 3501 Road
Seneca, IL 61360
Phone No. 1-800-328-6039
[ ] ("AT&T") Mr. E. W. Hamilton
AT&T Communications
Southern Region
2315 Salem Road, S.E.
Conyers, GA 30208
Phone No. 1-800-241-3624
[ ] ("AT&T") Mr. Ed Smith
AT&T Communications
Eastern Region
11820 Leesburg Pike
Kerndon, VA 22070
Phone No. 1 (703) 430-5217 Collect
CSXT Form 2037~G -Sheet 12
Revised April 1989
[ ] ("AT&T") Mr. Bob Foster
AT&T Communications
Northeastern Region
Box 301, RD 3
Tully, NY 13159
Phone No. (315) 696-8926 Collect
The notice shall be accompanied by drawing(s) showing the general
plan, elevation, details and methods of the proposed construction, and the
location of occupier(s)' cable in relation to the proposed construction.
Any changes, alteration, relocation or protection of wire(s), cable(s)
of occupier(s), required by said occupier(s), shall be at Licensee's
expense and as negotiated between Licensee and said occupier(s).
Licensee must locate and protect any existing cable, wire or fiber
optic line (including any appurtenances thereto) of said cable occupier(s)
which may traverse or be located in, on, or immediately adjacent to the
Crossing, at Licensee'$ cost.
Licensee shall be solely responsible and liable for any damage (e.g.,
cutting, dislocating, etc.) to said wire or fiber optic line or cable, and
appurtenances thereto, resulting in any way from or incident to Licensee's
exercise of rights or privileges under this Agreement. Licensee shall
defend, indemnify and hold Licensor harmless from any such damage claims
and any relocation or protection costs.
icensee:
(I~itial) (Date)
~ .r..'~- ' -
PI~s for proposed ~s~all~io~ sh~ll be submitted to
: Railroad Co~y before const~c=ion is be~. Material and installation are to be in s=ric~
accord~ce w~th s~ecificacions of the ~er~c~ Railway En ineer~ Associanion and requirMenns
: of CSX Tr~spor=auion. Ori~al ~d four (~) copies of uEis form sjall be submi~:ed,
accomu~ied o~ five (5) le==ersize pr~=s of a draw~n shcwin~ ~, elevaUion, sec=ion of
crossh~ from field su~e~, location ~ respect =o mi~eoos=,
lore:ion of ad'acen= s~c=ures affec=~ crossing, ~d' all info~ =ion required
~d 2 of ~A apecificanions, Pa~ 5 ' P~ elinee. If o~en cu=uin$ or =~el~ is necessary,
denoils of sheeu~ ~d me=hod of supForteS =racks or ~rivin~ =~el shall be sho~.
1. Co~Ie=e Le~l N~e of Applic~= City of Sanford
Telephone: ( 4Q7 ) 330-5600
2. Post Office Address P.O. Box 1778 Cl=7 Sanfor~ ST FL Zip 32772-1778
3. Par%nership - n~e & ~i=ials all par=nets women - ~iven ~d sum~es before martloSe
~d present
~. If inco~ora=ed~ n~e of state in which inGotorated Florida
5. bcanion~ fee= North Cdirec=ion) from nearest RR Milepoe: A-767 V.S.
6. Nearest Station Sanford Co~=7: Seminole Stone: Florida
7. Wizk~ limits of public hiShway? Yes No x . If yes, shc~ the road right of way on
print. DOT/~ Cross~ No.
8. Te~ora~ =rack support or riprapph~ required? ( ) Yes Cx ) No - Describe
9. Wires, poles, obs~r~czions =o be relocs:ed? ( ) Yes Cx ) No - Describe
i0. Producz zo be conveyed ~aw Sewag~ Flammable? ( ) Yes <s ~ No Tem~era=ure~m~=~t
1!. Max. Workin~ Pressure 20 PSI. Field Test Pressure !bu PSI. T~e Tes=Hv~rcsta~i
i2. Locazic= of shut-off ~ives 550' west of Railroad/Pipe Crossinc
!3. PIPE SMCF!CA~0NS: C~I~
~azerial pvc Steel
Mazeriai Specifications & Grade ASTM D224!, DR!8 ASTM
Min. Yield S~reng:h of Material! PSI N/A
Mill Test Pressure PSI Z]/A
M.944" 17.376
inside Diamezer
Wail ~ickness 0.503" 0.312"
0uzside Diamezer 9.050"
T~e of Seam N/A ~lone
Layin~ Len~:hs . 20' ~0 LF
Kind of joinZs Rubber Gasket,'Push-On Welded
~' LF
Tc~al Leng=h Within F~R R/W !OO'
Venzs: Number N/A Size Hgz. above ground
Seals: Both ends Grcuted one end
Bury: Base of rail zo top of casinz ~ fz. 6 in.
Bury: (No~ benea=h =racks) 5 f~. 3 in.
Bury: [Roadway di=ches) 3 ft. 0 in.
CATHODIC ?RO~CTION: ( ) Yes (x) No
PR0~CTI~ COATING: (x) Yes ( ) No Kind 30 Nil Coal-Tar Linin~
Type, size and spacing of insuiazors or suDporzs Pressure ~reated Wood S~ids (2"x4' ~in)
Bore and jack
Me~hod of insza[iazion
If aDplicazion is aDDroved, applican= agrees ~o reimburse =he Railroad fgr.any cosz .
incurred Bv zhe Railroad'lncidenz zo ins=alla=ion, maintenance and or suDervls~on necess~tazed
bv =his piSeline ins=allacion, and further agrees :o assume all lia~ili=y'for accidents or
iRluries which arise as a result of mhis ins=a[[ation. Should open run inszallan~on be
required, a non-refundable charge of S wi~i be requi~ed zo resur~zracks.
~ran~ A. ~aisen,
Please prLnz or Zype: 'Jame 7izie T~Lepnone
"' I I ,, caxr ~'AYf ,
' i"'~'
~ ,.
'
Z~a~MO A ~ R R 0 V E D:
~ · ~a%T R~ Conkiln, Porter and Holmes
5~' .
FO~: C/TV ~
FLORIDA DEPARTMENT OF TRANSPORTATION
Winter Park, Florida 32789
Telepho,,e= <~07> 629-4~9~ RECEIVED
May 19, 1989
Public Pro3ects Engineer
CSX Transportation, Inc.
Post Office Box 45052 ~ C~TY OF ~A~/~i'~ FLA
Jacksonville, Florida 32232-5052 ~ ·
RE: Railroad Crossing Signal Installation
WPI ~: 5127555 FAP #: MARRS-OOOS(202)
Section: 77000-6909 State Road: (McCracken Road)
County: Seminole Parcel ~: 1 (SIGW)
Crossing #: 622055-F Railroad Milepost: A-766.50
CSX Transportation File ~: Fla.: Sanford - BLP (AC 187551)
Dear Mr. Parker:
We are enclosing one fully executed Agreement dated May 17, 1989, involving
your Company and covering the installation of Type III, Class IV, Grade
Crossing Traffic Control Devices estimated at $71,689.00.
The enclosed documents have been approved by the Department and you may
consider this notice as your authorization to proceed with the work under the
direction of our Resident Engineer. Please extend advance notification of
work by Railroad forces to me at the above number and to the Resident Engineer
referenced below.
The work under this contract shall be performed in accordance with the
provisions of the Federal Highway Administration's Federal Aid Program Manual,
Volume I, Chapter 4, Section 3, and/or Volume 6, Chapter 6, Section 2 as
required. Should additional information be required, please advise Mr. Ray
Woodruff, at the above number.
J.D. Beach, Supervisor
Rail and Ports
JDB/rw/ps
Enclosure: One Original and Eight Copies
cc:Mr~W.A~ Sin~aons, P.E.~, Director of Engineering & Planning, City of
SanfOrd, W/Original Agreement
Mr. W.J. Scheerer, Chief Communications and Signals Officer, CSX
Transportation, Inc., W/Agreement copy
Comptroller, Attn. Budget Office, W/2 Agreement Copies
Mr. Henry Pelt, Administrator, Rail Operations, W/Original Agreement
Mr. Jim Hamelin, .Resident Engineer, Winter Park Construction,
(407) 628-6937, W/AgreementCopy
Mr. Richard Taylor, District Utility Engineer, W/Drawing
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES-MUNICIPAL
000 6909 McCracken Road Seminole 1 (R/W SIG-W) MARRS- 000S
THIS AGREEMENT, made and entered iniothis |"/T~ayof /vIA',( ., 19. ~ ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
called the DEPARTMENT, and CSX TRANSPORTATION, INC., .a corporation of Virginia with
Its principal pl~ce of business In the City of Baltimore , County of Baltimore ,
State of Malay1 and , herelnafter called the COMPANY; and the city of Sanford
S municipal corporation, hereinafter called the CITY.
WITNESSETH:
WHEREAS, the DEPARTMENT Is constructing, reconstructing or otherwise changing a portion
of the Public Road System, designated by the DEPARTMENT as Job No. 77000-6909 ,
between SR 46 and Eighteenth Street
which crosses at grade the right-of-way and tracks of the COMPANY at a point ?, 640
feet south from the COMPANY's Milepost A-766 , FDOT/AAR Crossing
Number 622055 '- F , at or near Sanford
as shown on the DEPARTMENT's Plan Sheet No.. 1 , attached hereto as a part hereof; and
WHEREAS, the work contemplated hereunder is subject to the provisions of the Federal
Highway Administration Federal AId Highway Program Manual, Volume 1, Chapter 4, Section
3 (FHPM 1-4-3), as amended, and Federal Aid Highway Program Manual, Volume 6, Chapter
6, Section 2, Subsection 1 (FHPM 6-6-2-1), as amended, and the DEPARTMENT's Rule 14-46.002
Florida Administrative Code, as amended; and
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the
parties hereto agree as follows:
A. The COMPANY shall:
1. Install by its own forces, with supervision and approval of the DEPARTMENT, at
an estimated cost $, 71,689.00 , itemlzatlon of which Is attached hereto,
automatic railroad grade crossing traffic control devices, herelnafter called "Devices", at said
location, In accordance with (1) the attached detailed statement of the work, plans and
specifications; (2) the DEPARTMENT's Plans and Standards Index Number 17882; and (3) FHPM
1-4-3 and FHPM 6-6-2-1, or rule 14-46.002, all of which by reference are made a part hereof.
2. PrOvide protective services in accordance with U.S. Department of Transportation
Manual of Uniform Traffic Control Devices during the performance of the work, as indicated
in the attached plans and specifications, the cost of which is included In the attached cost estimate.
3. Reader the DEPARTMENT a final bill, in accordance with applicable Federal or State
regulations, within one hundred eighty (180) days from the completion date of the project, for
all actual reimbursable identified charges Including credits for salvage or betterments, if any,
attributable to the project; and itemize all substantial charges 'in a form comparable to the charges
contained in the cost estimate.
4. Operate and maintain said devices and perform any adjustment, relocation or
replacement of said devices; the cost therefore shall be assumed or apportioned in accordance
with Paragraph C. below:
B. The DEPARTMENT shall:
1. Promptly reimburse the COMPANY for all actual costs attributable to the project,
pursuant to paragraph A.I., as billed by the COMPANY, pursuant to Paragraph A. 3,
C. 'Fhe PARTIES agree:
1, That fifty percent (50%) of the cost for the operation and maintenance of the devices
by the COMPANY shell be borne by the CITY and fifty percent (50%) shall be borne by the
COMPANY, In accordance with the attached Schedule of Annual Cost'of Automatic Highway
Grade Crossing Traffic Control Devices, subject to future revision.
2. That the cost of any adjustment, relocatlon or replacement of said devices shall
be assumed by the party Initiating such action, unless otherwise provided for in this contract,
existing contracts between the parties, or in existing contracts between one of the parties end
third party.
3. Unless otherwise agreed upon herein, the CITY agrees to Insure that at the crossing
the advance warning signs and railroad crossing pavement markings will conform to the MUTCD
within 30 days of notification that the railroad signal improvements have been completed and
that such signs and pavement markings will be continually maintained at an acceptable level.
4. The COMPANY covenants and agrees that it will indemnify and hold harmless the
DEPARTMENT and all of the DEPARTMENT's officers, agents, end employees from any claim,
loss, damage, cost charge or expense arising out of any act, action, neglect, omission or delay
by the COMPANY during the performance of the contract, whether direct or indirect, and whether
to any person or property to which the DEPARTMENT or said parties may be subject. except
that neither the COMPANY nor any of its subcontractors will be liable under this section for
damages arising out of injury or damage to persons or property directly caused or resulting
from the sole negligence of the DEPARTMENT or any of its officers, agents or employees.
5. That any provision contained in any existing Contract relating to said crossing, whether
between the parties hereto and/or third parties, shall be, and does, remain In full force and
effect, except as otherwise provided herein.
It Is understood and agreed that this agreement shall not be binding ijntil it has been authorized
or ratified by a proper ordinance or resolution of the CITY Commlslon of the City of saz~f o=d
Florida, a certified copy of which ordinance or resolution is attached hereto and made a part
hereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers, and their official seals hereto affixed, the day and year first above
written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
D. L. Houchin, Director
Public Projects & Contracts
ATTEST: (Title: A~i~f.a~ecretm-~ )
CITY OF Sanford , FLORIDA
.Y: <sEA,)
(Title:' T,~"'~~/' )
Approv/~l Is to Form. Legality Approved ell to Funds Approved, as to FHPM
~ ~ MAY 03 ig89
: Fiscal - DOT
OT Date FHWA Date
'10/87 !'~ I~
Page 1 Of 1
'~TATE 'OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF PUBLIC TRANSPORTATION OPERATIONS
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
RAIL ROAD COUNTY PARCEL & FAP
COL~TY SECTION JOB NO. NAME/NO. NAME R/W JOB NO. NO.
McCracken MARRS-000S
77 000 6909 Road Seminole 1 (SIG-W) (202)
WP# 5127555 AGENCY' NAME: csx Transoortation. Inc. Crossing # 622055-F
A. JOB DESCRIPTION & LOCATION: Railroad Signal Installation (McCracken Road,
Sanford, Florida)
B. TYPE OP ROADWAY FACILITY: Two-Lane (Rural)
C. FDOT/AAR XING NO.: 622055-F RR MILE POST TIE: A-766.50
D. TYPE SIGNALS PROPOSED: III CLASS Iv DOT INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION COST*
I Flashing Signals - One Track $ 650.00
II Flashing Signals - Multiple Tracks $ 860.00
III Flashing Signals and Gates - One Track $ 980.00
I~ Flashing Signals and Gates - Multiple Tracks $1,230.00
*Effective February 3, 1971
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.002
Responsibility for the Cost of Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE: February 3, 1971
GENERAL AUTHORITy: 334.044 F.S.
SPECIFIC LAW IMPLEMENTED: 335.141 F.S.
CSX TRANSPORTATION
ESTIMATED COST TO INSTALL
AOTOMATICALLY CONTROLLED FLASHING LIGHT SIGNAL AND GATES
ACCT. t; j~
SUMMARY
Material ..................................................... $
Labor Installing ........................................... $
Freight & Handling ................................. T .....$
Labor Additive ........................................... $
Equipment Expenses ....................................... $
Gang Expenses ............................................. $
Engineering ................ . ............................... $
Inspection - SuperviSion On Site ............................ $
Estimated By MODERN INDUSTRIES, INC.
Date ~'~¢~T¢~.~ ~,~ ~
TOTAL ESTIMATED COST
CSX TRANSPORTATION/BILL OF MATERIAL/ELECTRONIC EOUIPMENT
CSXMATiO REV.
LOCATION: McCRACKEN ROAD, SANFORD FL.
FILE4BA
ADO
DEL REF. AVG. A)IT.PER
CHG ITEM NUMBER CATALOG DESCRIPTION NO. DUANT. UM PRICE COMPONENT
/
028 2540300 1 PMD 2, SYSTEM ~A, 522 HZ.
020 2531300 I NARROW BAND SHUNT, 522 HZ. 1 EA $186.00 $186.00
$7!~M.00
CSX TRANSPORTATION/DILL OF MATERIAL/PMD CONTROL W/FL LIGHTS AND GATES
FIE[B SINGLE TRACN
CSXNAT4 REV.08-25-88
LOCATION: NcCRACKEN ROAD, SANFDRD~F[.
FI[E4SB
DE[ REF. AVG. ANT.PER
CNG ITEM NUNBER CATALOG DESCRIPTION NO. QUANT. UM PRICE COMPONENT
020 0002236 I GROUND STUD KIT~ [&N IND. 2236-1X! I EA $1.4~ $1.49
020 0010442 I ROD 5/8 4 EA $10.34 $41.56
020 0010445 i COUPLING 5/8 2 EA $2.54 $5.08
020 0010444 I STUD 5/8 1 EA $5.00 $3.00
020 0012620 i BATTERY, EXIDE EMP-9 MANCHEX 160 14 EA ~$108.27 $1,515.7G
020 0013475 I CONNECTOR S-OPT TRACK/D&N 20 EA $0.86 $17.20
020 0015686 I BOOTLEG, CSX RAIL CONN KIT, W/15 FT 7 EA $24.88 $174.1~
020 0015~06 I CABLE BG 16 COND/6 NO 6 AUG 350 FT $2.81 $~83.50
020 0014535 1 CONNECTION SGNTi-161G ONE SHOT 2 EA S2.47
020 0014575 1 FOUNDATION RELAY HOUSE/GA[V 4 EA $43.78 $175.12
020 0014760 I GUN SBT-320 F[INT/ERICO I EA $2.60 $2.60
020 0015287 1 PADLOCK, SAFETRAN 030399-16X~ SCREW 0 EA $t54 $0.00
020 0017120 1 BLODK~ TERMINAL~ 12 WAY SINGLE 4 EA $7.29 $29.16
020 0017605 i WIRE CASE NO 10 ANG FLEX 200 FT $0.13 $26°00
020 0017630 1 WIRE CASE NO 16 AWG FLEX 200 FT $0.08 $16.00
020 0028610 I TERMINAL~ RING, AMP 35628! YELLOW 50 EA $0.32 $16.00
020 0028820 1 BIT, DRILL,3/8" COBALT BONDING,FLAT 5 EA $3.62 $18.10
020 0055065 1 BOND 3/16 IN X 6-1/2 IN RAIL 0 EA $1.48 $0.00
020 0053245 1 CABLE UG 3 COND NO 9 AWG 150 FT $0.71 $106.50
020 0057204 I WELDER SBOI-VS-6 TYPE VS 1 EA $25.8Y $25.89
020 0057275 1 WIRE UG TRK TW PR NO 6 AWG 1100 FT $0.52 $572.00
020 1040110 I BATTERY~ EXIDE DMP-9 MANCHEX 80 O EA $79.5~ $0.00
020 1040220 1 BATTERY1EXIDE EMR-13 NANCHEX 240 5 EA $148.32 $741.60
020 1100150 I BOND~ D&W S-1T~ PLUG! 42" LG O EA $2.05 $0.00
020 1150750 I BOND STRAND~ 3Z16' DIA.! 7 STRANDS I50 FT $0.3! $46.50
020 1153185 1 CLAMP~ BOND, TEMPURARY~ RACO TS-3 1 EA $56.67 $56.67
020 2060060 i FOUNDATION ASSY~5'-6'' HT~TYPE S-2 2 EA $2~0.00 $~RO.OO
020 4151750 I TAGSI PLASTIC, 1-1/2X 7~"WIDEI OHE 5 CD $1.55 $7.65
020 4151770 1 TAGSt PLASTIC! 2-7/8~ LG. 2WOLE WIRE 5 CD $1.45 $~.15
020 4151800 I SPRAY, KRYLBN~ CRYSTAL CLEAR I CN $3.49
020 4200360 I [INK~ INSUL TEST/2-5/8" $ERM SPACE 10 EA $3.70 $57.00
020 4251190 I TERMINAL~ RING1BALCK~ AMP 35627! 50 EA $0.49 $24.50
020 4600170 I WIRE #6 SOFT DRAWN, BARE COPPER 100 FT $0.10 $10.00
020 8000067 I LOCK~ AMERICAN HIOKA, CSX SIGNAL 5 EA $10.00 $50.00
151 1100130 I PIPE~ WROUGHT STEEL14~ EXTRA HEAVY 7 LG $74.~0
250 1650151 I COMPDUND~ DUCT SEAL, PERMAGUM 578-2 30 LB $1.55 $46.50
* 250 1710060 i CONDUIT, NON-METALLIC! PVC~ 4~ i.D. 3 LO $5.00 $15.00
.AGE ~ Or ~ DIVISION OF PUBLIG TRANSPOR+ATION OPERATIONI
' ', WORK DESCRIPTION
GRADE CROSSING TRAFFIC CONTROL DEVICES
A. JOB DESCRIFfiON & LOCATION:
~o~,
B. TYPE OF ROADWA~ FACH,ITY: ~o-fane
C. FD(rI'/AAR XINC ~O.: 622055-Y ~ MIE~ ~OST T]~: A-766.50
D. TYPE 51GXAL$ P~OPOSED: ZZZ CLASS~ ~V INDEX ~O.:. ~7882
E. STATUS A~D PROgOSAL:
1. EXISTING PROTIr~CTION: (See Agreement dated None of Record)
a. None-New Crossing
b. XX Crossbuck and Disk l
c. Flashing Signals and Disk
d. __ Fladffi~g Signals with Cantilever
e. __ Flashing Signals wi~t Gates
f. Flashing Signals with Cantilevcr and Gates
2. PROI'OSED PROTECTION: (Safety Priority Rating 4..1 )
a. No revision required
b. Crossbuck and Disk
c. Flashing Signals and Disk
d. Fia.hing Signals with Catnever
c. XX Flashing S~nals with Gates
f.. Flashing Signals wiffi Cantilevers and Gates
(1) (With-Without) addition of Gates
(2) (With-Without) synchronization wi/h DOT traffic signals
~ Relocate existing signal devices
F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS:,
1. xx lly Others ( If required CCompany)
2.. . By Railroad Company
G. AUTiIOR ITY REQUESTED: (Draft attached: Yes . .xX No)
1... ~(x AFeemeat (Third Party Participating City of Sanford )
2. Stipplemental Agreement No.
3... Crossing Permit
4. Estimate for Change Order No.
5. I,ctter of Au~tority
6 .... Letter of Confirmation (No Cost to Department)
II. ()TtlEI{ REMAIIKS: Install Type III Signals, per attached construction plans.
Nt'gotialit,ls h) J)e colllj)h'ted by: ""APril ~1989
Sim,al installation target date: October 1989
Sy,n'hrooizatio.: (llrafI allachcd Yes XX No)
l,'f,Oi<Ii)A I~IL-I!IGI~WAY (;RADE C:!'a)SSiNG I){PROVENENT PROG~XM ~
' DIAGNOSTIC FIt~r) REVI W REPORT Job
I. LOCATION DATAt ~/~ M.P.
CrosBing No. ~220~-~Crossing Roadway I.D. ~cCracken
Priority ~o. h~ ~h~. RR Co. S~D County ~em~no~e YONear Sanford
IJ. I~IL I)ATA ~
No. Tracks 2 Max. Train Speed_2~ .... NormaI Speed hnge. to No. Trains/DeL 20
a~ Line ONo Existing Pro~ectfon_
Recommended Protection FlSah~h~ liFh~s ~
7ItI. ttlGH~AY DfiTb } NOT~'~ Diagram Crossing In Space Provided (Include Intersection)
No. Lanes 2 Highway Speed__~.~ ADT 1,6~0 No, School Buses
~intafnlng Agency City of SanFoPd Crossing Condi~$on ~Good aPoor
Des Signalized Intersection Influence Crossing ~ OYes (if Yes, complete INTERSECTION
' X~ No DATA)
R~ ~ o ~ .
~....~C ~ .
~. UTILI~ CONFLICTS I D Yes ~No
Describe Conflicts
lI. REVIEW TEAM RECOi~IENI)ATIONS
Inctsll ?TOe [if
Eg~Y~ ~,o re.rove %r'~es and ~rush ~n F'r qu~dr:~qt=j.]onLCitV' m~]ntain~d t'o~d
west of tree<s,. City to widen road 2' both sides in 1986.
'II. I~*ERSECTION DATA
~Yes
Does RR Preemption Exist? ~No ~d~h o~ Cross~ng(~op ~ne to s~op ~ne) ~E-
D~s~ance from In~ersecEion S~op L~ne ~o NearesE Track on Approach f~.
No. of Lanes aE In~ersecE~on Lef~ Turn Thru Righ~ Turn
Doe~ "~ NOT S~OP ON T~
~KS"
Dis[~nce'from Tracks ~ Neares~ Upstream S~gna~zed In~ersec~ (Less ~han ~000') f~.
HI. REVIEWED BY ] O~hers
~i~t, RR Coordina~or J ~ ~e3ch Name ~ 5we~nhar~ FD~ Agency ~e ~e~7
9tst. Safe~y ~gr. '~ J Perry R ttl Woodruff, FDOr, Railroad Liaison Fn[~
~ Representative C .I Storey
~A Representative Jan ?, 1986
Date Reviewed
O Additional Comments ~ Back
. ,,.-_c,.,,,.o, .
~.,-~ F,. ~' s'-o' S'.a' , ~ IIEDIAII SECTlOll AT SIGIIAL GATES
ItEDIAN SIGNAL GATES FOR
MULTI LANE UNDIVIDED URBAN SECTIONS
(FOUR OR MORE DR/rING LANES IN ONE DIRECTION. 45 ¥PH OR LI~5S )
...~. . .:.~iii!...,. ~.
_",..~,-;_.;'_,L. ". ," -
:~.. '_':., ........ ,- ..-:~.-~,.
SIGNAL PLA~EYENT AT RAILROAD CROSSING SIGNAL PLA~EtlE#T AT RAILROAD CROSSlAG 9.
f 2 L,AIIES. CURB & GUTTER ) (Z LAItES. CURB & GUTTER )
~PE ~ ~PE E
R~ GR~ C~SSIN~
TR~FE ~NT~L DEVICES
Fore CCB-13
~'~ ~'~ March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Plysee observe the following when executing the attached instrument:
~. ~' Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption o~ the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. X The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5..~ NAME(S] and TITLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
~. A/ In returning the Agree ant, please furnish fee(s] set out in
Article(s] c~. / .~H~/~. ~ D.
7./y' Check and ~our payment preference in Article __
8. Initial and date each rider attached to the document following
the execution sheet.
9. ~ Furnish Certificate of Insurance as evidenced by Article //
Subsequent to receipt of 'a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on
Railroad property.
~. )C' If RENTAL; MAINTENANCE CHARGE or OTHER FEES are involved,
show below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City = State Zip Code
CSX, Form 253Y-Sheet 1
Revised March 1988
RE-88824
358322Ml. JWP
PIPELINE LONGITUDINAL OCCUPANCY AGREEMENT
THIS AGREEMENT, Made as of the 18th day of November, 1988, by and
between CSX TRANSPORTATION, INC., a Virginia corporation, whose address is
500 Water Street, Jacksonville, Florida 32202, hereinafter called
"Licensor" and CITY OF SANFORD, a municipal corporation under the laws of
~he State of Florida, whose mailing address is P. O. Box 1778, Sanford,
Florida 32772-1778, hereinafter called "Licensee", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of raw sewage only, hereinafter called
~ePipeline" along the rail corridor, right of way and property owned or
controlled by Licensor at or near SANFORD, County of SEMINOLE, State of
FLORIDA, for a distance of 1,255 feet, more or less, measured from a point
3,250 feet eastwardly on the center line of Licensor's track(s) at
Licensor's Milepost AU-769 (Station No. --), to a point 4470 feet
eastwardly on center line of track(s) at Milepost AU-769 (Station No. --),
including necessary subterranean crossings, hereinafter called the
"OccuDancy"; as shown on print of Licensee's Drawing attached hereto and
made a part hereof; other details and data pertaining to said Pipeline
being as indicated on Licensee's Application Form, dated January 14, 1988,
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 Licensor, insolaf 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 Occupancy for any and all purposes;
(B) All encumbrances~ conditions, covenants and easements
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 Pipeline in the Occupancy above
for the term herein stated and to remove same upon termination.
1.2 The term Pipeline, as used hereln, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CSrl Form 2537-Sheet 2
Revised March 1988
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of ONE THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($1,100.00) toward the
cost of preparing and processing this Agreement.
2.2 Effective date of this Agreement shall be the date and year first
written above.
2.3 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of NINE HUNDRED SIXTY FIVE AND
N0/iO0 DOLLARS ($965.00), payable annually in advance.
Such fee shall be subject to periodic review and
adjustment by Licensor. Payment by Licensee of any annual
license fee shall not be held to create an irrevocable
license for any period beyond said one (1) year term.
This license shall remain in effect from year to year,
subject to the right of either party hereto to terminate
at the end of any one (1) year term by written notice
given to the other party at least thirty (30) days prior
to the end of such term.
[ ] (B) A five (5) year initial license fee of FOUR THOUSAND EIGHT
HUNDRED TWENTY FIVE AND N0/100 DOLLARS ($4,825.00). In
the event of termination of this license prior to the
expiration of five (5) years, a prorated refund shall be
paid to Licensee, unless said termination is due to cause
of or default of Licensee - in which event, no refund is
payable. Any further term or renewal must be
renegotiated. License shall be revocable during term only
by mutual consent or in event of breach or default by
Licensee, but shall terminate in event Ltcensee removes
the Pipeline.
~/~~C one-time license fee of FOURTEEN THOUSAND FOUR HUNDRED
( ) A
SEVENTY FIVE AND N0/100 DOLLARS ($14,475.00). License
shall be revocable only in the event of Licensee's
default. License shall end upon Licensee's cessation of
use for the purpose(s) above and/or removal of the
Pipeline, or by mutual consent.
2.4 In any term, Licensee shall indemnify Ltcensor against and shall
pay directly or reimburse Licensor for any additional taxes, assessments
and/or charges levied against Licensor or Licensor's property on account of
said Pipeline or Occupancy.
3. CONSTRUCTSON AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, covenants to construct,
maintain, relocate, l~epair, renew, alter, and/or remove said Pipeline, in a
CSXT Form 2537-Sheet 3
Revised March 1988
'prudent, workmanlike manner, using quality materials and complying with:
any applicable standard(s) or regulation(s) of Licensor (Exhibit "A") and
Licensee's particular industry, A.R.E.A. Specifications, and/or any
governmental or regulatory body having jurisdiction over the Occupancy.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor. Pipeline and facilities shall be of the material(s) and size(s),
and shall be used only for the purpose(s) above recited.
3.3 All Licensee's work and execution of rights hereunder shall
be undertaken so as to eliminate or minimize any impact on Licensor's
track(s) and appurtenances thereto. In the installation and/or maintenance
of said Pipeline, 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.
3.4 In the installation and/or maintenance of said Pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed~ or before use by Licensee
of the Occupancy for the contracted purpose, Licensee, at its sole cost and
expense, shall obtain all necessary permits or licenses from any federal,
state or local public authorities having jurisdiction over the Occupancy or
its intended uses and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications thereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance.
5.2 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, and if the same is not performed, may make
such repairs or renewals, at the sole risk, cost and expense of Licenseeo
· , ?'~',I '~
C8~CI Form 2537-Sheet 4
Revised March 1988
5.3 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Ltcensee, natural or weather events or
otherwise.
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track(s) and roadbed of Licensor, in a manner
satisfactory to Licensor, and shall remain responsible for any settlement
of the track(s) or roadbed for a period of one (1) year subsequent to
completion of installation.
6.2 After construction of Pipeline, Licename shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licename shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Lice~sor may direct.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising, lowering or relocating of
Licensor's tracks, or in the event future use by Licensor of right-of-way
and property (including any changes in grade or alignment of or additions
to Licensor's track(s) or other facilities) necessitate any change of
location, height or depth of Pipeline or Occupancy, Licename, at its sole
cost and expense and within twenty (20) days after notice in writing from
Licensor, shall make changes in Pipeline or Occupancy to accommodate
Licensor's tracks or operations. If Licename fails to do so, Licensor may
make such changes, at Licensee's cost. Any additional costs or expenses
incurred by Licensor to accommodate the use of Licensor's property by
Licensee shall also be paid by Licename.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Occupancy in relation to Licensor's track(s) and
facilities, and to relocate Pipeline or change Occupancy, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
~-% /-%
· ' CSX"r Form 2537-Sheet 5
Revised March 1988
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe, change in pipe operating
pressure, or change in materials transmitted in and through said pipe), or
is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before any such change is made.
After approval the terms and conditions of this Agreement shall apply
thereto. Any additional costs or expenses incurred by Licensor to
accommodate the use of Licensor's property by Licenses shall also be paid
by Licensee.
8.2 No additional Pipeline or Wireline or other facilities shall be
placed, allowed or maintained by Licenses in, upon or along the Occupancy
except upon separate prior written consent of Licensor.
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the judgment of Licensor, causes: (a) interference with
Licensor's communication, slgnal or other wires~ train control system or
facilities; or (b) interference in any manner with the operation,
~aintenance or use by Licensor of its right-of-way, track(s), structures,
pole llnes, devices, other property, or any appurtenances thereto; then and
in either event, Licenses, 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 Pipeline as
may be required in the judgment of Licensor to eliminate all such
interference. Upon Licensesis failure to remedy or change, L/censor may do
so or contract to do so, at Licensee~s sole cost.
9.2 Without assuming any duty hereunder to inspect Licensesis
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licenses to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licenses hereby agrees to make
promptly, at Licensee's sole cost end expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend 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 presence, existence, operations or use of
Pipeline or any structure in connection therewith, or restoration of
· CSXT Form 2537-Sheet 6
Revised March 1988
premises of Licensor to good order or condition after removal, EXCEPT when
proven to have been caused solely by the fault, failure or negligence of
Licensor. However, during any period of ~ctual construction, repair,
maintenance, replacement or removal of the Pipeline, wherein agents or
personnel of Licensee are on the railroad right-of-way, Licenseo's
liability hereunder shall be absolute, to the extent permitted by local
laws irrespective of any sole fault, failure or negligence of Licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor*s rat1 operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee*s property or facilities in, on, over or under the Occupancy,
caused by electrical field creation, fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
save harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensor's property by Licensee or by such third parties at request of
or for benefit of Licensee, resulting from such electrical field, fire or
derailment.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licenseo's failure to
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipeline, whether or not
such loss(es) result(s) in whole or part from Licensor's contributory
negligence or joint fault·
10.4 Notwithstanding Section 10.1 or any other provision hereln,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licensee hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
10.6 If a claim or action is made or brought against either party and
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·
" CSXT Form 253?-Sheet
=' Revised March 1988
INSURANCE:
11.1 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 Public Liability Insurance or Commercial Liability
Insurance, naming Licename as insured and covering liability assumed by
Licename under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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 Licename.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licename shall arrange for adequate time for reporting
losses. Failure to do so shall be at Licensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licename to comply with this requirement, and may demand that Licename
purchase insurance deemed adequate by Licensor. Failure of Licename to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licename of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
GRADE CROSSINGS:
12.1 Nothing herein contained shall be construed to permit Licename
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.
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration, change or removal
of said Pipeline, to place watchman, flagmen, inspectors or supervisors for
protection of property or operations of Licensor or others on Licensor's
property at the Occupancy and to keep persons, equipment and materials away
from Licensor's track(s), Licensor shall have the right to do so at the
sole risk, cost and expense of Licename, but Licensor shall not be liable
for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's Railroad
Operating Rules and existing labor agreements, Licename may provide such
flagmen, watchman, inspectors or supervisors, during all times of
construction, in place of Licensor, at Licensee's sole risk, cost and
CS~i Form 2537-Sheet 8
Revised March 1988
expense; and in such event, Licensor shall not be liable for the failure or
neglect of such watchmen, flagmen, inspectors or supervisors.
UCENSOR'S COSTS:
14.1 Licensor's expense for wages and materials for any work
performed at the expense of Licensee, pursuant to any stipulation of this
Agreement, shall be paid by Licensee within thirty (30) days after receipt
of Licensor's bill therefor.
14.2 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 materials used. Any
equipment rentals shall be payable by Licensee in accordance with
Licensor's applicable fixed rate(s).
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the maximum rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
15. TERMINATION, REMOVAL:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Licensor, and reimburse Licensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term above, or revocation, or upon
Licenseo's removal of Pipeline facilities from the Occupancy, if earlier;
provided, however, that termination or revocation of this Agreement shall
not affect any claims and liabilities which may have arisen or accrued
hereunder, and which at the time of termination or revocation have not been
satisfied.
16. NOTICE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to L/censor at the
address above, c/o GSXT Property Services J180; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated heroin, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
CSXT Form 2537-Sheet 9
Revised March 1988
ASSIGNMENT:
17.1 The rights herein conferred shall be the privilege of Licensee
only, and Licensee shall obtain Licensor's prior written consent to any
assignment of Licenseets interest hereln and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns, or heirs, legal representatives and assigns, as the
case may be.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time within six (6) months after such sale, transfer, etc., by
giving Licensee or any such assignee written notice of such termination,
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be presumed to such assignment, etc., if no such
termination notice is given.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach, within thirty
(30) days after receivinE a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Ltcensee. Upon
such termination, Licensee shall make removal in accordance with
Article 15.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition hereln contained shall not he construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
CSXT Form 2537-Sheet 10
Revised March 1988
27. LICENSOR APPROVAL, LIMITS:
21.1 Neither the failure of Licensor to object to any work done,
material used, or method of construction or maintenance of said Occupancy,
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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 Neither this Agreement, any provision hereof, nor any agreement
or provision included hereln by reference, shall operate or be construed as
being for the benefit of any third person.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
state, county, municipal or other local statute, ordinance or law.
Further, it is understood and agreed that each and every separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein
contained shall have independent and severable status from each other,
separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violatire of trade or commerce in contravention
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
CSXT Form 2537-Sheet 11
Revised March 1988
RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[X] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] High tension wire limits
[ ] Telecommunication Cable or Fiber Optic Line Protection
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(as) for Licensor: CSX ~ANSPORTATION, IN~.
Witne~sst) for Licensee: CITY OF SANFORD, FLORIDA:
C. 2
OFZAIION ~ev. 1-1-aY
A?P~,ICATION FOR P~NE CESS~G/P~tT~I~ ~ER/~ PROP~T~S &~ ~C~
Plans fo~ propose~ ins:ella:ion shall be submiz:e~ :o and meet =he approval of :he Rail-
road Company before consmut=ion is be~n. hcari~ and inscallaZion are =o be in s=rlc:
accordance ~=h .speclficanlons of ~he ~eri~n ~way En~ineerlnS ~soc~:ion and requir~en:s
oE CSX =:a~por:a~ion. OTIEinai ~ n{-e (9) copies of =his fom sh~l be submiz~ed,
acco~ie~ by:en (I0) le::erslze pr~s of ~ ~ra~n~ shoves plan, elevazlon section of
crossin~ from fie!~ su~e7, location in respec= Co mi!epos=, ~:h of ~ilroad's riKh: of ~y,
locaEion of adjacen= s=ruc:ures af[ec:in~ crossing, and all i~fo~=ion required ~ Figures 1
~d 2 of ~ Speciflca:ions, Par: 5 - Pipellnes. I~ open cu=:izS or tune!inK is necessary,
~e:ails of shee:~n~ an~ me:ho~ of supportinK ::ac~ or ~rivin~ =u~el shall be sho~.
Complete Legal Name of Applicant City of Sanford
Telephone: {305 )322-3161
Z, Post Gffice Address P.O. BOx 1778, Sanford. Fla. 32772-1778
3. ?artmershi~ - -~me a~d i~:~5 all partners, ~meu - g!ve~ ~d su~mes before ~rria~e
an~ present N/~
~. ~ luco~ora:e~, n~e of state ~ ~ich incorporated
5. Locaclen 3.250 feet East (d~eccion) f:om neetea= ~ F~iepos: AU/69 VS
6. Nearest munici~a!~:7: SanT0re Cou::7 Seminole State F]o~'~'G8
~. Wi:h~ l~its of public hlShvay2 Yes X No__ E yes, show the road rich: of way on )r:L
DOT/~ Crossing Noj
8. Tm~ora~ irark support o: rlprapp:S requi:ed( ) Yes ( X ) No - Describe
9. Wires, poles, obstructions to be relocated ( ) Yes CX ) No - Describe
I0. Product to be conveyed Raw Sewaoe Fl-,,~5te ( ) Yes (X) No. Temperature Ambient
11. Max. workin~ pressure 50 PSI. Eie!d test pressure 100 Pal. TTPe test Hvdr0-
!2, Locaziou of shut-off valves 180' West of Park Ave.
13. PIPE SPECIFICATIONS: ~IER PIPE ~SL~G PIPE
~:er~l PVC Steel
Patertel Specifications and Grade ASTM D224t SDR21 ASTM At39 Type
~n~= Yield S:re=~th of Ma:erla! PSI N/A 35.000 PSI
~I! Tes~ Pressure PSl N/A 820
Inside Di~e:er 4. 072 19"
Wall ~chess 0.214 0.251"
Outside Di~eter 4.05" ~
T~e of $e~ N/A
~yin~ Lengths 20' 18 '
End of Joints ~ubbe~ Gasket Pus~-0n Welded
~TS: Number N/A Size HE:. above
S~S: Both ends' G~outed one end
SLAY: Base of roll to top c~ cas~ 7 ft. 6 in.
SLAY: (No: beneath :racks) ~ ~ ft. 0 in.
fRY: (Roadway ditches) N/~ ft. in.
~THODIC PROTECTION: ( ) Yes [X ) No
PROTECT~E COAT~G: ( ) Yes ( X ) No
Type, size an~ spaci=~ of ~nsula:ors or suppor:s PresSu~e T~eated Wood
!&. Method of Installation Trencb~no - Bore & 0ack
If app!icazion is approved, applicann a~rees zo re~burse =he hi!road for an7
incurre~ by :he Railroad inclden= :o i~:~la:ion, uinzenance, and/or supertalon necessi:ane~
by :hi~ pipeline ins:al!aZion, and fur=her a~rees =o assume all !dabill:7 for accidents or
2juries which arise as a resul= of this insna!!azion. Shoul~ open cue Insna!lazion be requlrec
a ~on-rafundab!e charEe of ~ will be re~uire~ no resurface
Date ~ Si~ n~ Ti;le of Officer SigninS Application
, Please prln: or tYPe: Frank A. Fadson City Manaoer (305) 322-3161
Name Title TeieDnone
"+'' ' AK
· :, '. ,,.~~ "-~'m m . - ; ~ ~' . j/.
VICINITY MAP
SCALE 1': 2000'
CITY OF SANFORD
(~) SEWER SYSTEM
CPH'JOB No. S0602.27
/
/'
500 Water Street, SC J180
Jacksonville, FL 32202
~OR~iI~TION (904) 359-1387
CSX RAIL TRANSPORT
W. E. Bowman ~
Assistant Manager-Utility Contracts
March 17, 1989
When corresponding, always
refer to: RE-88824-LA
Mr. Frank A. Faison
City Manager
City of Sanford
P.O. Box 1778
Sanford, ' Florida 32772-1778
Dear Mr. Faison:
Attached is fully-executed duplicate-original of agreement dated
November 18, 1988, between CSX Transportation, Inc. and City of Sanford,
covering installation and maintenance of a raw sewage pipeline crossing and
paralleling Railroad's right of way and trackage from a point 3,250 feet
eastwardly to a point 4,470 feet eastwardly of Milepost AU-769, at or near
Sanford, Florida.
Please note Item 10 on the CCB Form attached to your duplicate-original
of the agreement and the required notification to be given the office of the
Division Engineer when you coordinate the installation with that office,
Further correspondence related to this agreement should be directed to:
Mr. C. M. Kiefer, Jr., Division Manager
CSX Transportation, Inc.
5656 Adamo Drive
Tamps, FL 33619-3240
referring to his File Your file 13-15959.
Very truly yours,
W. E. Bowman
Attachment
Distribution Services, CSX Equipment, ~ Rail Transport and American Commercial L/ne$
are business units of the C,$X Transportation Group.
Form CGB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. X' Execution on behalf of a CORPORATION should be accomplished by
the PreSident, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution. )
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3 .... If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. X' The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ~' NAME(S) and TITLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
6. ~' In returning the Agree ent, please furnish fee(s) set out in
Article(s) ~. / -~/~, o ~.
7./~' Check andSour payment preference in Article
8. Initial and date each rider attached to the document following
the execution sheet.
9. ~/Furnish Certificate of Insurance as evidenced by Article //,
10./~ Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on
Railroad property.
11. X' If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Zip Code
CSXTForm 2537-Sheet 1
Revised March 1988
RE-88824
358322M1.JWP
PIPELINE LONGITUDINAL OCCUPANCY AGREEMENT
THIS AGREEMENT, Made as of the 18th day of November, 1988, by and
between OSX TRANSPORTATION, INC., a Virginia corporation, whose address is
500 Water Street, Jacksonville, Florida 32202, hereinafter called
"Licensor" and CITY OF SANFORD, a municipal corporation under the laws of
the State of Florida, whose mailing address is P. O. Box 1778, Sanford,
Florida 32772-1778, hereinafter called "Licensee", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of raw sewage only, hereinafter called
"Pipeline" along the rail corridor, right of way and property owned or
controlled by Licensor at or near SANFORD, County of SEMINOLE, State of
FLORIDA, for a distance of 1,255 feet, more or less, measured from a point
3,250 feet eastwardly on the center line of Licensor's track(s) at
Licensor's Milepost AU-769 (Station No. --), to a point 4470 feet
eastwardly on center line of track(s) at Milepost AU-769 (Station No. --),
including necessary subterranean crossings, hereinafter called the
"OccuDancy"; as shown on print of Licensee's Drawing attached hereto and
made a part hereof; other details and data pertaining to said Pipeline
being as indicated on Licensee's Application Form, dated January 14, 1988,
also attached bereto 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 Licensor, insofar 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 Occupancy for any and all purposes;
(B) All encumbrances, conditions, covenants' and easements
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 Pipeline in the Occupancy above
for the term herein stated and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CSXT Form 2537-Sheet 2
Revised March 1988
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of ONE THOUSAND ONE HUNDRED AND N0/100 DOLLARS ($1,100.00) toward the
cost of preparing and processing this Agreement.
2.2 Effective date of this Agreement shall be the date and year first
written above.
2.3 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of NINE HUNDRED SIXTY FIVE AND
NO/100 DOLLARS ($965.00), payable annually in advance.
Such fee shall be subject to periodic review and
adjustment by Licensor. Payment by Licensee of any annual
license fee shall not be held to create an irrevocable
license for any period beyond said one (1) year term.
This license shall remain in effect from year to year,
subject to the right of either party hereto to terminate
at the end of any one (1) year term by written notice
given to the other party at least thirty (30) days prior
to the end of such term.
[ ] (B) A five (5) year initial license fee of FOUR THOUSAND EIGHT
HUNDRED TWENTY FIVE AND N0/100 DOLLARS ($4,825.00). In
the event of termination of this license prior to the
expiration of five (5) years, a prorated refund shall be
paid to Licensee, unless said termination is due to cause
of or default of Licensee - in which event, no refund is
payable. Any further term or renewal must be
renegotiated. License shall be revocable during term only
by mutual consent or in event of breach or default by
Licensee, but shall terminate in event Licensee removes
the Pipeline.
~/~__~C one-time fee of FOURTEEN THOUSAND FOUR HUNDRED
( ) A license
SEVENTY FIVE AND NO/100 DOLLARS ($14,475.00). License
shall be revocable only in the event of Licensee's
default. License shall end upon Licensee's cessation of
use for the purpose(s) above and/or removal of the
Pipeline, or by mutual consent.
2.4 In any term, Licensee shall indemnify Licensor against and shall
pay directly or reimburse Licensor for any additional taxes, assessments
and/or charges levied against Licensor or Licensor's property on account of
said Pipeline or Occupancy.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, covenants to construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipellne, in a
CSXT Form 2537-Sheet 3
Revised March 1988
prudent, workmanlike manner, using quality materials and complying with:
any applicable standard(s) or regulation(s) of Licensor (Exhibit "A") and
Licensee ' s particular industry, A.R.E.A. Specifications, and/or any
governmental or regularcry body having jurisdiction over the Occupancy.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor. Pipeline and facilities shall be of the material(s) and size(s),
and shall be used only for the purpose(s) above recited.
3.3 All Licensee's work and execution of rights hereunder shall
be undertaken so as to eliminate or minimize any impact on Licensor's
track(s) and appurtenances thereto. In the installation and/or maintenance
of said Pipeline, 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.
3.4 In the installation and/or maintenance of said Pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or herore use by Licensee
of the Occupancy for the contracted purpose, Licensee, at its sole cost and
expense, shall obtain all necessary permits or licenses from any federal,
state or local public authorities having jurisdiction over the Occupancy or
its intended use, and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications thereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance.
5.2 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, and if the same is not performed, may make
such repairs or renewals, at the sole risk, cost and expense of Licensee.
CSXT Form 2537-Sheet 4
Revised March 1988
5.3 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Licensee, natural or weather events or
otherwise.
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track(s) and roadbed of Licensor, in a manner
satisfactory to Licensor, and shall remain responsible for any settlement
of the track(s) or roadbed for a period of one (1) year subsequent to
completion of installation.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising, lowering or relocating of
Licensor's tracks, or in the event future use by Licensor of right-of-way
and property (including any changes in grade or alignment of or additions
to Licensor's track(s) or other facilities) necessitate any change of
location, height or depth of Pipeline or Occupancy, Licensee, at its sole
cost and expense and within twenty (20) days after notice in writing from
Licensor, shall make changes in Pipeline or Occupancy tO accommodate
Licensor's tracks or operations. If Licensee fails to do so, Licensor may
make such changes, at Licensee's cost. Any additional costs or expenses
incurred by Licensor to accommodate the use of Licensor's property by
Licensee shall also be paid by Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Occupancy in relation to Licensor's track(s) and
facilities, and to relocate Pipeline or change Occupancy, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
CSXT Form 2537-Sheet 5
Revised March 1988
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe, change in pipe operating
pressure, or change in materials transmitted in and through said pipe), or
is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before any such change is made.
After approval the terms and conditions of this Agreement shall apply
thereto. Any additional costs or expenses incurred by Licensor to
accommodate the use of Licensor's property by Licensee shall also be paid
by Licensee.
8.2 No additional Pipeline or Wireline or other facilities shall be
placed, allowed or maintained by Licensee in, upon or along the Occupancy
except upon separate prior written consent of Licensor.
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the judgment of Licensor, causes: (a) interference with
Licensor's communication, signal or other wires, train control system or
facilities; or (b) interference in any manner with the operation,
maintenance or use by Licensor of its right-of-way, track(s), structures,
pole lines, 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 Pipeline as
may be required in the judgment of 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.
9.2 Without assuming any duty hereunder to inspect Licensee's
Plpeltnes Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
I0. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend 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 Ltcensor), 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 presence, existence, operations or use of
Pipeline or any structure in connection therewith, or restoration of
CSXTForm 2537-Sheet 6
Revised March 1988
premises of Licensor to good order or condition after removal, EXCEPT when
proven to have been caused solely by the fault, failure or negligence of
Licensor. However, during any period of actual construction, repair,
maintenance, replacement or removal of the Pipellne, wherein agents or
personnel of Licensee are on the railroad right-of-way, Licensee's
liability hereunder shall be absolute, to the extent permitted by local
law, irrespective of any sole fault, failure or negligence of Licensor.
10.2 Use o£ Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's property or facilities in, on, over or under the 0ccupancy,
caused by electrical field creation, fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
save harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensor's property by Licensee or by such third parties at request of
or for benefit of Licensee, resulting from such electrical field, fire or
derailment.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licensee's failure to
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipeline, whether or not
such loss(es) result(s) in whole or part from Lioensor's contributory
negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herelns
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licensee hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
10.6 If a claim or action is made or brought against either party and
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 aotion.
CSXT Form 2537-Sheet 7
Revised March 1988
11. INSURANCE:
11.1 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 Public Liability Insurance or Commercial Liability
Insurance, naming Licensee as insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange for adequate time for reporting
losses. Failure to do so shall be at Licensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licensee to comply with this requirement, and may demand that Licensee
purchase insurance deemed adequate by Licensor. Failure of Licensee to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licensee of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
12. GRADE CROSSINGS:
12.1 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.
33. FLAGGING:
13.1 If Licensor deems it advisable, during the pTogress of any
construction, maintenance, repair, renewal, alteration, change or removal
of said Pipeline, to place watchmen, flagmen~ inspectors or supervisors for
protection of property or operations of Licensor or others on Licensor's
property at the Occupancy and to keep persons, equipment and materials away
from Licensor's track(s), Licensor shall have the right to do so at the
sole risk, cost and expense of Licensee, but Licensor shall not be liable
for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's Railroad
Operating Rules and existing labor agreements, Licensee may provide such
flagmen, watchmen, inspectors or supervisors, during all times of
construction, in place of Licensor, at Licensee's sole risk, cost and
CSXT Form 2537-Sheet 8
Revised March 1988
expense; and in such event, Licensor shall not be liable for the failure or
neglect of such watchmen, flagmen, inspectors or supervisors.
14. k~CENSOR'S COSTS:
14.1 Licensor's expense for wages and materials for any work
performed at the expense of Licensee, pursuant to any stipulation of this
Agreement, shall be paid by Licensee within thirty (30) days after receipt
of Licensor's bill therefor.
14.2 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 materials used. Any
equipment rentals shall be payable by Licensee in accordance with
Licensor's applicable fixed rate(s).
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the maximum rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
15. TERM|NATiON, REMOVAL:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Licensor, and reimburse Licensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term above, or revocation, or upon
Licensee's removal of Pipeline facilities from the Occupancy, if earlier;
provided, however, that termination or revocation of this Agreement shall
not affect any claims and liabilities which may have arisen or accrued
hereunder, and which at the time of termination or revocation have not been
satisfied.
16, NOTICE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the
address above, c/o CSXT Property Services J180; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
CSXT Form 2537-Sheet 9
Revised March 1988
17. ASSIGNMENT:
17.1 The rights herein conferred shall be the privilege of Licensee
only, and Licensee shall obtain Licensor's prior written consent to any
assignment of Licensee's interest herein and shall reimburse Ltcensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns, or heirs, legal representatives and assigns, as the
case may be.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time within six (6) months after such sale, transfer, etc., by
giving Licensee or any such assignee written notice of such termination,
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be presumed to such assignment, etc., if no such
termination notice is given.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach, within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Licensee. Upon
such termination, Licensee shall make removal in accordance with
Article 15.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
CSXT Form 2537-Sheet 10
Revised March 1988
21. LICENSOR APPROVAL, LIMITS:
21.1 Neither the failure of Licensor to object to any work done,
material used, or method of construction or maintenance of said Occupancy,
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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
state, county, municipal or other local statute, ordinance or law.
Further, it is understood and agreed that each and every separate division
(paragraph, clauses item, term, condition~ covenant or agreement) herein
contained shall have independent and severable status from each other,
separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violarive of trade or commerce in contravention
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
CSXT Form 2537-Sheet 11
Revised March 1988
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ X ] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] High tension wire limits
[ ] Telecommunication Cable or Fiber Optic Line Protection
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(es) for Licensor: CSX TRANSPORTATION, IN~.
Witne~ssZ) for Licensee: CITY OF SANFORD, FLORIDA:
7455
~ T]~O~'ION Rev. 1-1-87
APPLICATION FOR PIP-=?~LNE CROSSING/PARAIJ_vLISM ~ER/~ PROPERTIES ~ ~CXS
Plans fo~ proposed Ins:alla:ion shall be submi=ned to and meet the approval of the Rail-
road Company before construct!on is begun. Material and installation are :o be in strict
accordance ~rith ~pecifica:ions of =he American Railway Engineering Association and requirements
of CSX Transportation. Original and nine (9) copies of this form shall be submitted,
accompanied by=ten (10) le::ersize prints of a dra~-ing shoving plan, elevation section of
crossing from field survey, location in respect to milepost, ~ridth of Rai!road's right of way,
location of adj area: structures affecting crossing, and all i~forma:ion required in Figures 1
and 2 of AR~_A Specifications, Part 5 - Pipelines. If open cutting or tuneling is necessary,
details of sheeting and method of supporting :racks or driving tunnel shall be shown.
11 Complete Legal Name of Applicant City of Sanford
Telephone: ~05 )322-3161
2. Poet Office Address P.O. Box 1778, Sanford, Fla. 32772-1778
3. Partnership - mRme and initials all partners, wome~ - given and surnames before marriage
and present N/~
4. if incorporated, name of stare in ~hich incorporated
5. Location 3,250 feet East (dlreczion) from nearest ~.'M. iiepos: AU/69 VS
6. NeareSt municipali=7: San?ord County Seminole State
7. Within limits of public highway? Yes X No If yes, show the road right of way on prL~
DOT/A~ Crossing Noj
8. Temporary :rack support or riprapping required ( ) Yes (X) No - Describe
9. Wires, poles, obstructions to be telorated ( ) Yes (.X) No - Describe
10. Product =o be conveyed Raw Sewace Fl~-~ble ( ) Yes (X) No. Temperauure Ambient
1i. Max. working pressure 50 PSI. Field test pressure ~00 PSI. Type test Mydro-
!2. Location of shun-off valves 180' West of Park Ave.
13. PIPE SPECIFICATIONS: CARRIER PIPE CASING PIPE
Material PVC Steel
Material Specifications and Grade ASTM D2241 SDR21 ASTM A139 TYPe
Minimum Yield Strength of Ma:erlal PSI N/A 35,000 PSI
Mill Test Pressure PSI N/A 820 PSI
Inside Diameter 4.072
Wall Thickness 0.214 0.251'
On:side Diameter 4.05"
Type of Seam N/A N/A
Laying Lengths 20' l~'
~nd of Joints R~b~er ~asket Push-On Welded
To:el Length within RRR/W ~e~/Z~' 65'
VB~TS: Number N/A Size Eg:. above ground
SEALS: Both ends. Grouted one end
BURY: Base of tall :o top of casing 7 ft. 6 in.
BL~Y: (Not beneath :racks) ~ 4~ ft. 0 in.
BURY: (Roadway ditches) N/~ ft. in.
CATHODIC PROTECTION: ( ) Yes (.X) No
PROTECTIVE COATING: ( ) Yes ( X ) No Kind
Type, size and spacing of insulators or supportsPressure Treated Wood Skid~
14. Method of Ins:ella=ion Trenchino - Bore & Jack
If application is epproved, applicant agrees =o reimburse =he Railroad for any cos=
incurred by the Railroad incident to ins~a!lation, maintenance, and/or supervision necessi=ated
by thi~ pipeline installation, and further agrees to assume all liability for acciden=s or
injuries which arise as a result of =his insta!!azion. Should open cut installation be requirec
a ~on-rafundable charge of $ will be required to resurface tracks.
·
Date Sig~nd Ti:ie of Officer Signing Application
~ Frank A, Faison City Manager (30~ -
Please print or type: 322 3161
Name Title Telephone No.
500 Water Street, SC J180
Jacksonville, FL 32202
(904) 359-1774
TRAN~ORT/.TIOIq
CSX RAIL TRANSPORT
T. D. Phillips
Director-Contracts
Property Services
August 4, 1988
When corresponding, always
refer to: RE-87726-JW
Mr. William A. Simmons, P.E.
Director of Engineering and Planning
City of Sanford
P.O. Box 1778
Sanford, FL 32772-1778
Dear Mr. Simmons:
Attached is fully-executed duplicate-original of agreement dated
July 6, 1988, between CSX Transportation, Inc. and City of Sanford covering
installation and maintenance of a raw sewage pipeline paralleling and
crossing Railroad~s right of way and trackage at s poixxt 2,200 feet
northeastwardly of Milepost AU-769, st or near Sanford, Florida.
Please note Item 10 on the CCB Form attached to your duplicate-original
of the agreement and the required notification to be given the office of the
Division Engineer when you coordinate the installation with that office.
Further correspondence related to this agreement should be directed to:
Mr. C. M. Kiefer, Jr., Division Manager
CSX Transportation, Inc.
5656 Adamo Drive
Tampa, FL 33619-3240
referring to his File 13-15957.
Very truly yours,
T. D. Phitli~s
Attachment RECEIVED
ENGINEERING DEPT,
e~ business uni~ ~ the ~ Tmnsport~ion Group. ~
', ~' "~ ' ~'~1 · ~ Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. X' Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the.
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. ~ The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. X' NAME(S) and TITLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
6. )(' In returning the Agreem t, please furnish fee(s) set out in
7. Y Check and initial your payment preference in Article ~--~ ~
8. Initial and date each rider attached to the document following
the execution sheet.
9. ~r Furnish Certificate of Insurance as evidenced by Article //.
10. X Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on
Railroad property.
11./~ If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show below the address to which bills should be se. nt:
Street Address and/or P. O. Box No.
City State Zip Code
CSXT Form 2537-Sheet 1
Revised March 1988
RE-87726
PS\388188A1.JWP
PIPELINE LONGITUDINAL OCCUPANCY AGREEMENT
THIS AGREEMENT, Made as of the 6th day of July, 1988, by and between
CSX TRANSPORTATION, INC., a Virginia corporation, whose address is
500 Water Street, Jacksonville, Florida 32202, hereinafter called
"Licensor" and CITY OF SANFORD, a corporation of the State of FLORIDA,
whose mailing address is P. O. Box 1778, Sanford, Florida 32772-1778,
hereinafter called "Licensee", WITHESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of raw sewage only, hereinafter called
"Pipeline" along the rail corridor, right of way and property owned or
controlled by Licensor at or near SANFORD, County of SEMINOLE, State of
FLORIDA, for a distance of 202 feet, measured from a point 2,200 feet
northeastwardly on the center line of Licensor's track(s) at Licensor's
Milepost AU-769 (Station No. 4+61), to a point on center line of track(s)
at Milepost AU-769 (Station No. 2+59), including necessary subterranean
" anc ";
crossings, hereinafter called the Occup y as shown in green on print
of Licensee's Drawing attached hereto and made a part hereof; other details
· ,
and data pertaining to said Pipeline being as indicated on L~censee s
Application Form, dated September 15, 1987, 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 Licensor, insofar 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 Occupancy for any and all purposes;
(B) All encumbrances, conditions, covenants and easements
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 Pipeline in the Occupancy above
for the term herein stated and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CSEI' Form 2537-Sheet 2
Revised March 1988
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of FIVE HUNDRED U.S. DOLLARS ($500.00) toward the cost of preparing and
processing this Agreement.
2.2 Effective date of this Agreement shall be the date and year first
written above.
2.3 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of TWO HUNDRED FIVE U.S. DOLLARS
($205.00), payable annually in advance. Such fee shall be
subject to periodic review and adjustment by Licensor.
Payment by Licensee of any annual license fee shall not be
held to create an irrevocable license for any period
beyond said one (1) year term. This license shall remain
in effect from year to year, subject to the right of
either party hereto to terminate at the end of any one (1)
year term by written notice given to the other party at
least thirty (30) days prior to the end of such term.
[ ] (B) A five (5) year initial license fee of ONE THOUSAND
TWENTY-FIVE U.S. DOLLARS ($1,025.00). In the event of
termination of this license prior to the expiration of
five (5) years, a prorated refund shall be paid to
Licensee, unless said termination is due to cause of or
default of Licensee - in which event, no refund is
payable. Any further term or renewal must be
renegotiated. License shall be revocable during term only
by mutual consent or in event of breach or default by
Licensee, but shall terminate in event Licensee removes
the Pipeline.
[~/(C) A one-time license fee of THREE THOUSAND SEVENTY-FIVE U.S.
DOLLARS ($3,075.00). License shall be revocable only in
the event of Licensee's default. License shall end upon
eo i i o .
2./+ In any term, Licensee shall indemni£y Licensor against 8~d shall
pay directly or reimburse Licensor for any additional taxes> assessments
and/or charges levied against Licensor or Licensor's property on account of
said Pipeline or Occupancy.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, covenants to construct>
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with:
any applicable standard(s) or regulation(s) of Licensor (Exhibit "A') and
CSXT Form 2537-Sheet 3
Revised March 1988
Licensee'S particular industry, A.R.E.A. Specifications, and/or any
governmental or regulatory body having jurisdiction over the Occupancy.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor. Pipeline and facilities shall be of the material(s) and size(s),
and shall be used only for the purpose(s) above recited.
3.3 All Licensee's work and execution of rights hereunder shall
be undertaken so as to eliminate or minimize any impact on Licensor's
track(s) and appurtenances thereto. In the installation and/or maintenance
of said Pipeline, 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.
3.4 In the installation and/or maintenance of said Pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use by Licensee
of the Occupancy for the contracted purpose, Licensee, at its sole cost and
expense, shall obtain all necessary permits or licenses from any federal,
state or local public authorities having jurisdiction over the Occupancy or
its intended use, and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications thereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance.
5.2 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, and if the same is not performed, may make
such repairs or renewals, at the sole risk, cost and expense of Licensee.
5.3 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
CSXT Form 2537-Sheet 4
Revised March 1988
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Licensee, natural or weather events or
otherwise.
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipellne or other facilities;
(B) Support track(s) and roadbed of Licensor, in a manner
satisfactory to Licensor, and shall remain responsible for any settlement
of the track(s) or roadbed for a period of one (1) year subsequent to
completion of installation.
6.2 After construction of Pipeline, Licensee shall restore said
track(sl, roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising, lowering or relocating of
Licensor's tracks, or in the event future use by Licensor of right-of-way
and property (including any changes in grade or alignment of or additions
to Licensor's track(s) or other facilities) necessitate any change of
location, height or depth of Pipeline or Occupancy, Licensee, at its sole
cost and expense and within twenty (20) days after notice in writing from
Licensor, shall make changes in Pipeline or 0ccupancy to accommodate
Licensor's tracks or operations. If Licensee fails to do so, Licensor may
make such changes, at Licensee's cost. Any additional costs or expenses
incurred by Licensor to accommodate the use of Licensor's property by
Licensee shall also be paid by Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Occupancy in relation to Licensor's track(s) and
facilities, and to relocate Pipeline or change Occupancy, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
CSXT Form 2537-Sheet 5
Revised March 1988
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe, change in pipe operating
pressure, or change in materials transmitted in and through said pipe)~ or
is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before any such change is made.
After approval the terms and conditions of this Agreement shall apply
thereto. Any additional costs or expenses incurred by Licensor to
accommodate the use of Licensor's property by Licensee shall also be paid
by Licensee.
8.2 No additional Pipeline or Wireline or other facilities shall be
placed, allowed or maintained by Licensee in, upon or along the Occupancy
except upon separate prior written consent of Licensor.
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the judgment of Licensor, causes: (a) interference with
Licensor's communication, signal or other wires, train control system or
facilities; or (b) interference in any manner with the operation,
maintenance or use by Licensor of its right-of-way, track(s), structures,
pole lines, 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 Pipeline as
may be required in the judgment of 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.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties~ it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend 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 shy 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 presence, existence, operations or use of
Pipeline or any structure in connection therewith, or restoration of
-. .~. ~.~ A
CSXT Form 2537-Sheet 6
Revised March 1988
premises of Licensor to good order or condition after removal, EXCEPT when
proven to have been caused solely by the fault, failure or negligence of
Licensor. However, during any period of actual construction, repair,
maintenance, replacement or removal of the Pipeline, wherein agents or
personnel of Licensee are on the railroad right-of-way, Licenseets
liability hereunder shall be absolute, to the extent permitted by local
law, irrespective of any sole fault, failure or negligence of Licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's property or facilities in, on, over or under the Occupancy,
caused by electrical field creation, fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
save harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensorts property by Licensee or by such third parties at request of
or for benefit of Licensee, resulting from such electrical field, fire or
derailment.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licensee's failure to
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipeline, whether or not
such toss(es) result(s) in whole or part from Licensor's contributory
negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims~ costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licensee hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
10.6 If a claim or action is made or brought against either party and
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.
CSXT Form 2537-Sheet 7
Revised March 1988
11. INSURANCE:
11.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Licename shall procure and shall
maintain during the continuance of this Agreement, at its sole cost and
expense, a policy of Public Liability Insurance or Commercial Liability
Insurance, naming Licename as insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange for adequate time for reporting
losses. Failure to do so shall be at Licensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licensee to comply with this requirement, and may demand that Licensee
purchase insurance deemed adequate by Licensor. Failure of Licensee to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licename of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
12. GRADE CROSSINGS:
12.1 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.
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration~ change or removal
of said Pipeline, to place watchman, flagmen, inspectors or supervisors for
protection of property or operations of Licensor or others on Licensor's
property at the Occupancy and to keep persons, equipment and materials away
from Licensor's track(s), Licensor shall have the right to do so at the
sole risk, cost and expense of Licename, but Licensor shall not be liable
for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's Railroad
Operating Rules and existing labor agreements, Licename may provide such
flagmen, watchman, inspectors or supervisors, during all times of
construction, in place of Licensor, at Licensee's sole risk, cost and
CSX't Form 2537-Sheet 8
Revised March 1988
expense; and in such event, Licensor shall not be liable for the failure or
neglect of such watchman, flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages and materials for any work
performed at the expense of Licensee, pursuant to any stipulation of this
Agreement, shall be paid by Licensee within thirty (30) days after receipt
of Licensor's bill therefor.
14.2 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 materials used. Any
equipment rentals shall be payable by Licensee in accordance with
Licensor's applicable fixed rate(s).
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the maximum rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
15. TERMINATION, REMOVAL:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Licensor, and reimburse Licensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term above~ or revocation, or upon
Licensee's removal of Pipeline facilities from the Occupancy, if earlier;
provided, however~ that termination or revocation of this Agreement shall
not affect any claims and liabilities which may have arisen or accrued
hereunder, and which at the time of termination or revocation have not been
satisfied.
16. NOTICE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the
address above, c/o CSXT Property Services Jt80; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
CSrl' Form 2537-Sheet 9
Revised March 1988
17. ASSIGNMENT:
17.1 The rights herein conferred shall be the privilege of Licensee
only, and Licensee shall obtain Licensor's prior written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns, or heirs, legal representatives and assigns, as the
case may be.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time within six (6) months after such sale, transfer, etc., by
giving Licensee or any such assignee written notice of such termination,
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be resumed to such assignment, etc., if no such
termination notice is given.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach, within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Licensee. Upon
such termination, Licensee shall make removal in accordance with
Article 15.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
CSXT Form 2537-Sheet 10
Revised March 1988
21. LICENSOR APPROVAL, LIMITS:
21.1 Neither the failure of Licensor to object to any work done,
material used, or method of construction or maintenance of said Occupancy,
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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
states county~ municipal or other local statutes ordinance or law.
Further, it is understood and agreed that each and every separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein
contained shall have independent and severable status from each other,
separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violatire of trade or commerce in contravention
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other comb]nation thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
CSXT Form 2537-Sheet 11
Revised March 1988
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[X] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] High tension wire limits
[ ] Telecommunication Cable or Fiber Optic Line Protection
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(es) for Licensor: CSX TRANSPORTATION, INC,
al ranspor
Witness(es) for Licensee: LICENSEE: CITY OF SANFORD,
FLORIDA
Plans for proposed installsslot shall be submltte~ to and meet :he approval of :he Rail-
reed C~a~y before construction is begun. Material and installation are to be in strict
dote=dance with ipeclflcat~ona of the American ~ailway En6ineerln~ A~soclatlcu and Tequiremen:s
of =he Seaboard System lailroed. Ori6i=al and twelve (1Z) copies of ~his fot-m shall be
subnx~:ted, &ccompanled by ~-welve (12) le=terslze prinns of a drawln~ sho~in~ pia~, sieve:ion
section of crosei~ -=rcm field survey, location in respect to Mile Post, width of ~ilroad's
right of way, location of adjacent structures affectix~ crossing, and all info:matlon required
in Figures I and 2 of AF. EA SpeclflcaClons, Part 5 - Pipellnes. If open cuttln~ or :unne!in_~
ls mecessary, letails of sheeti~6 and ~ethoa of suppoT=inS tracks or drivlnE tunnel shall be
sh~.
1. Comc: N--- of Applicant City of Seafood
2. Poet office ~dress P.0. 80x ~78, Sanfo~d, Fla. 3277~-1778
3. Par=~rship N~ and initials all patters, w~n - ~iven and su~s ~fore ~rr~e
4. If inco~ora=sd, n~ of s~=e in ~ich incorporated
5. b~:ion 2150' N.E. of Point o~ Switch which ~s 50' N. of Railroad Mile Pa~t AH76Q
6. ~ams: ~:Lroad S:a:ion Sanford Coun:7 Seminole Sna:eFla
7. Wizhln !:!=s of public hi~wa7 n= NF Fed-S~a:e-Count7 No.
8. Te~orary :rack supper: or riprappiuE rebuild ( } Yes (X) No - ~surlbe
9. Wires, poles, obstruczlons to be rolecaned ( ) Yes (X) No - Describe
11. Mat. Worki:6 pressur~ Vacuum Pal. Pield :est pressure24"
12. ~aClon of shut-off valves 190' South of 4th St.
13. PIPE SPECL~ICAT!ONS: CAERi~ PIPE CASING PIPE
Material PVC Steel
Manerlal Specifications and Grade ASTM 077al qD~ 71 ASTM A139, Tvoe B
Minimum Yield Strzn~=h of ~terial PSI NA 35,000 PSI
Ell ~st ~ssu~ PSI NA 820
~11 ~lc~ss 0,316" 0.2
~:slae D~--:~: 6 625" 12.502"
TT~ of ~= N~ NA
Ki~ Of Joi=ts RHhh~ ~=f DU~h Oq Welded
Total ~=h within ~ E~ 342' 155~
~: ~--~r NA Size H~:. ab~ ~round
S~: ~ e~s Grouted ~ end
B~Y: ~se of rail :o :o~ of casiu~ 5 f:. 6 in.
B~Y: ~adw~y ~it~hes ) f:. In.
~IC ~ION: ( ) Yes (X)
~CTiv= C~T~: ( ) Yes ( X ) No Kind
~, size an~ spac/=g of i~ulanors or su por:s
l&. ~=h~ of ~s=alla:ion Trenching- Bore E Jack
I5 apollo=ion Is a~pr~e~, applicant a~r~es no rei~urse :he ~ilroad for amy cos:
incurred by :he ~i!r~d inciden= =o i~=alla=ion, -lintstance, and/or su~lsion
by :his pl~e ll~ ins:alia:ion, and fur:~r aS~es =o ass~ all liability for accideu=s or
injuries which arise as a ~sul= of :his ius=alIa=ion. Sh~!d ~en cut installa:i~ ~ require
a nou-~ndable charge of $ will ~ required =o resurface
Da:e S Z:Le of Officer Si~n/~ AppLication
Fr~k A. Faison, City M~ager
~'......
.. :
S,_..
VICINITY MAP
SCALE 1': 2000'
CITY OF SANFORD'
SEWER SYSTEM
CPH' JOB No..S0602.27
CSXT Form 3654-Sheet 1
Rev. October 1987
RE-88056
CB-CSX-
PS\238119F1.AJP
THIS LEASE, Made this May 1, 1988, between CSX TRANSPORTATION, INC., a
Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter Lessor, and CITY OF SANFORD, a
municipal corporation under the laws of the State of Florida, whose address
is P.O. Box 1778, Sanford, Florida 32772-1778, herefnafter (whether one or
more) referred to as Lessee:
WITNESSETH: That, for and in consideration of the rents hereinafter
agreed to be paid by Lessee, and of the covenants and agreements to be kept
and performed by Lessee, Lessor hereby demises and leases unto Lessee
solely for the purpose herein expressed, certain ]and and/or improved
property, owned by Lessor, referred to hereinafter as "the premises",
located at SANFORD, SEMINOLE COUNTY FLORIDA, as shown on Lessor's Drawing
numbered Exhibit "A", attached hereto and hereby made a part hereof, and
described as follows:
That certain 0.46-acre, more or less, parcel of land as
particularly outlined in RED on said drawing.
Tracks on premises are not included in this Lease. Tracks [ ] are
[X] are not covered by separate Track Lease.
1. USE:
1.1 Lessee shall use and occupy the premises solely for the purpose
of INSTALLING AND MAINTAINING A PIPELIND and for no other purpose(s).
1.2 Lessee shall not carry on, or permit to be carried on, any
business or occupation upon said premises which may be considered a
nuisance, public or private, and shall not store or permit to be stored on
the premises any explosive of any kind, except that gasoline or other fuel
may be stored on the premises in such manner and in such quantities as
expressly allowed by Lessor by separate written consent.
2. RENTS:
2.1 Lessee shall yield and pay to Lessor as base rental the sum of
ONE THOUSAND TWO HUNDRED AND N0/100 U.S DOLLARS ($1,200.00) per year,
payable ANNUALLY in advance from the effective date hereof, in increments
of $1,200.00 each, plus any applicable sales or rental tax thereon.
2.2 As additional rental, Lessee shall reimburse Lessor all costs of
or charges for water, sewage, electricity, heat and other utilities
furnished to the premises and paid by Lessor. In the event any street,
sidewalk paving, or other municipal or public improvement is made on or
adjacent to the premises during this Lease, Lessee shall pay further
additional rent equivalent to twelve and one-half percent (12.5%) per annum
of the cost of such improvements assessed against the premises.
CSXT Form 3654-Sheet 2
Rev. October 1987
2.3 Lessor reserves the right to periodically adjust the base rent
herein any time after the expiration of twelve (12) months, by giving
notice of such adjustment to Lessee at least sixty (60) days prior to the
effective date of such adjustment. Continued occupation of the premises by
Lessee after such notice shall be at such adjusted rental. Periodic base
rent may be similarly adjusted annually or periodically thereafter.
2.4 Additional rental shall be paid within thirty (30) days after
presentation of bills therefor. Failure of Lessee to receive any bill for
periodic rent, or receipt of a bill for an incorrect or unadjusted rent,
shall neither override the Lease terms nor excuse or release Lessee from
liability or responsibility for the correct contract rent. Limitation on
collection for any erroneous billings or payments shall be three (3) years
from the termination of this Lease.
3. TAXES ON LESSEE'S PROPERTY:
3.1 Lessee will pay the full amount of any and all taxes - State,
County, Municipal and Special, and any penalties in connection therewith -
levied or assessed on account of any additional improvements made to or on
the premises by Lessee or by Lessee' predecessors except Lessor, or on any
machinery, fixtures or other property installed by Lessee or said
predecessors on said premises. If the taxes on said improvements are
levied against and paid by Lessor, Lessee shall reimburse Lessor for the
full amount thereof as in Section 2.4.
3.2 All necessary payment, listing and other duties in connection
with the taxation of said improvements, machinery, fixtures or other
property shall be performed by Lessee.
4. TERM:
4.1 This Lease shall become effective the date first written above,
and shall continue in effect for two (2) year(s), or until April 30, 1990,
unless and until terminated by written notice for breach or cause as
hereafter provided.
4.2 In the event of alleged breach, other than involving safety of
'railroad operations, either party may give written notice (registered or
certified mail, return receipt requested) of breach and time to cure, not
to exceed fifteen (15) days. Failure to cure within said notice period, or
mutually extended period, will be cause for termination, regardless of
rental having been paid in advance for any period.
4.3 In the event of an alleged breach of covenant.s or agreements or a
nonperformance by Lessee involving safety of railroad operations, Lessor
may give notice by telephone, telegraph or messenger to Lessee to effect a
cure or remedy within forty-eight (48) hours. Failure of Lessee to cure
within said notice period will be cause for immediate termination by
Lessor.
CSXT Form 3654-Sheet 3
Rev. October 1987
5. ALTERATIONS, MAINTENANCE, REPAIRS; APPROVALS:
5.1 Lessee shall not make, or permit to be made, any building,
structure, fixtures, improvements or alterations on or to the premises
without the prior approval and written consent of Lessor. Lessee, at
Lessee's sole cost and expense, may make such changes in said premises
(including interior painting) necessary to make premises suitable for the
permitted use, after obtaining consent of Lessor, and provided that Lessee,
at the expiration of this Lease, shall return the premises to Lessor
restored to original condition or condition acceptable to Lessor.
5.2 Lessee shall not create or permit any nuisance in, on or about
the premises. Lessee shall maintain the premises in a neat and clean
condition (including proper mowing when applicable). Buildings and other
structures of Lessee erected on the premises shall also be maintained by
Lessee to the satisfaction of Lessor.
5.3 Lessee accepts building(s) owned by Lessor "as is", and Lessor
shall be under no obligation with respect to the condition or maintenance
of said building(s) or any facility(ies) or system(s) therein. When Lessee
occupies the entire building(s), Lessee, at Lessee's cost and expense,
shall keep said building(s) in good condition and repair, including, but
not limited to the roof(s), door(s), window(s), column(s), existing fire
extinguisher(s), fire hose(s), electronic protective service(s) and
sprinkler system(s). When Lessee occupies less than the entire
building(s), Lessee, at Lessee's cost and expense, shall construct and
maintain partitions separating the premises used by Lessee from the
remainder of said building(s) and shall keep the interiors thereof,
including but not limited to, windows, doors, hinges, in good condition and
repair. Lessee shall be responsible for all interior painting and, if use
is of an entire building, exterior painting. Add~tionslly, extraordinary
maintenance or damage repairs to said building(s), etc., occasioned by
Lessee's use of the premises, shall be performed by Lessee at its sole cost
and expense. If Lessee fails to make such maintenance or repairs, Lessor
may have the same performed at sole cost and expense of Lessee.
5.4 All work performed by Lessee or Lessee's contractor(s) pursuant
to this Lease shall be performed in a good and workmsnlike manner, in
compliance with all applicable code provisions, and also be subject to the
Written approval of Lessor's Chief Engineer or h~s duly authorized
representative.
5.5 All consents or approvals of Lessor to construction, alteration
or clearances, or standards of satisfaction of Lessor shall be secured from
Lessor's Chief engineer at the address above, or sa~d Chief Engineer's
designated representative, unless otherwise provided he~ein or by separate
notice.
5.6 Neither approval by Lessor of any repairs, replacements,
alterations, improvements or installations made by Lessee or Lessee's
contractors, or failure of Lessor to object to any work done, any material
used, nor approval of the method of repair, construction, installation or
CSXT Form 3654-Sheet 4
Rev. October 1987
maintenance, shall be construed as an admission of responsibility by Lessor
or as a waiver of any of Lessee's obligations under this Lease.
5.7 Lessor shall in no manner be obligated to reimburse Lessee for
all or any part of any expenditures made by Lessee during its occupancy of
the premises, under this or prior agreements, for any repairs,
replacements, renovations, remodeling or any other work on or about the
premises.
6. DRAINAGE:
6.1 Lessee shall construct and maintain--in accordance with all
applicable statutes, ordinances, building codes, subdivision covenants and
restrictions--an adequate drainage system on the premises or other lands of
Lessee, diverting all roof, stream, or other surface drainage water from
the premises to the nearest public (or non-Lessor owned) drainage or storm
sewer system, in order to prevent the discharging of such waters upon
adjacent lands, right-of-way and facilities of Lessor.
6.2 If the premises or any portion thereof is part of Lessor's
railroad corridor or right-of-way, Lessee, during the continuance of this
Lease, shall maintain any segment of Lessor's railroad drainage ditch
located within the limits of premises. Alternative]y, Lessee shall install
and maintain the drainage structures shown on attached print to encase said
drainage facility. All such installation and maintenance shall be at
Lessee's sole cost and expense and in a manner satisfactory to Lessor's
Chief Engineer. Lessee may fill in and utilize the land over said
installed drainage structures. Upon termination of this Lease, if required
by Lessor, Lessee shall remove said drainage structures and restore
original open ditch in a manner satisfactory to said Chief Engineer.
7. TRACK CLEARANCE:
7.1 Lessee shall not erect or place or allow to be erected or placed
any buildings, structures, fixtures or obstructions of any kind (including
parked motor vehicles), either temporary or permanent on the premises,
within eighteen feet (18') horizontally of the centerline of nearest track
over which Lessor operates, or less than twenty-two feet (22') above the
top of rail of any track for the full width of said horizontal clearance,
unless a lesser clearance is provided for on said attached plan or the
Written consent of Lessor shall hereafter be obtained. Nothing herein
shall be construed to permit any clearance less than the minimum required
by any applicable law or regulation.
7.2 All structures erected over any of such tracks shall be built and
maintained in a manner satisfactory to Lessor. All wires suspended over
any tracks shall be placed and maintained only at the e!evations and in
accordance with the standards prescribed by the National Electric Safety
Code (NESC).
7.3 Lessee shall not temporarily block any sight view area of any
rail/road crossing on the premises by parking or allowing parked motor
CS)CI Form 3654-Sheet 5
Rev. October 1987
vehicles therein or any other means, or erect any permanent structure(s)
therein.
7.4 For the further safety of employees of Railroad and of Lessee,
Lessee shall:
(A) Not erect or place or allow to be erected or placed on the
premises within the clearances in Section 7.1 any temporary or permanent
buildings, structures, fixtures, equipment, material, poles or obstructions
of any kind (including parked vehicles other than railroad cars);
(B) Keep said track(s) and right of way within said clearances
free and clear of all commodities, materials or other objects which may be
hazardous or dangerous to those engaged in the operations of Railroad
related to providing rail service on or over said track(s);
(C) Keep said track(s) and right of way free and clear of all
flammable, combustible or burnable objects (including commodities, rubbish,
trash and weeds) that could be ignited by sparks, which the parties hereto
understand may result from Lessor's Railroad operations;
(D) Provide adequate walkways on both sides of said track(s)
and keep same in proper repair, free of any obstructions or holes, except
for those locations along said track(s) where both parties agree that it is
physically impossible to provide such walkways; and
(E) Maintain any gate(s) permitted across said track(s) so as
to provide proper clearance when open, and equip said gate(s) with
double-end hasp to allow use of padlock by Lessee end standard switch lock
by Railroad, and a means satisfactory to Railroad for safety fastening the
gate(s) in opened position, provided reflective markers thereon so that
gate(s) is/are visible at night.
8. PERMITS, ORDINANCES, REGULAT{ONS, ETC.:
8.1 Lessee, at Lessee's sole cost and expense, shall secure all
necessary permits, letters or certificates of approval, and shall comply
with all applicable ordinances, rules, regulations, requirements and laws
of any governmental authority (State, Federal or Local) having jurisdiction
over the premises or Lessee's use thereof, including but not limited to
'zoning, building, construction, health, safety or environmental matters.
Lessee expressly agrees and warrants that it shall conform and limit it
activities to the terms of such permit(s), approval(s) end
authorization(s).
8.2 Lessee shall further defend, indemnify and hold Lessor harmless
from any violation, any penalty, levy, fine, assessment.or charge, however
denominated, and all costs of defense of or of compliance with any
citation, summons, order or violation notice(s), including any such
citation, order, etc. issued after termination of this Lease for any act,
omission or event occurring during its term. Lessee agrees that it will
not avail itself of any present or future law or case decision to avoid the
effect of this Section.
CSXT Form 3654-Sheet 6
Rev. October 1987
8.3 If permitted use above involves placement and use of underground
tank(s) for any purpose, Lessee shall first notify State or Federal EPA of
such installation or use, and shall notify same of any subsequent removal.
8.4 Lessee shall provide Lessor with copies of any permits or
authorizations Lessee obtains in compliance with any laws, ordinances,
codes or regulations applicable to the prevention or control of discharge
of pollutants or contaminants into environment (land, water or air) in
connection with Lessee's use of the Premises. Lessee shall also promptly
provide Lessor with a copy of any notice(s) served upon Lessee from/by any
governmental authority claiming violations of any such law, ordinance, code
or regulation, or requiring or calling attention to the need for any work,
construction, alteration or installation on or in connection with the
Premises in order to comply with any such law, ordinance, code or
regulation.
9. INSPECTION, POSTING:
9.1 Lessor, through any of its officers, agents, servants, or
employees, or its designated contractor, shall have the right and privilege
(but not duty) at any reasonable time to enter upon and examine and repair
the premises, at Lessor's option and Lessee's cost.
9.2 Lessor shall also have the right to post the premises "For Sale"
or "For Rent" during the last six (6) months of the term hereof and to show
the premises to prospective tenants or purchasers at all reasonable times
(daily, except Sundays and holidays, 8:00 A.M. to 6:00 P.M.) during such
six (6) month period.
10. SERVICES, UTILITIES:
10.1 Lessor shall be under no obligation to furnish the premises with
water, gas, sewage, electricity, heat, or other utility services and
supplies that may be necessary or desirable in connection with Lessee's use
and occupancy of the premises. Lessee shall contract directly with any
utility company and pay for the same directly, and shall defend, indemnify
and hold Lessor harmless from such costs or expenses. Lessee shall
reimburse Lessor as additional rent any costs of or charges for such
utilities, if paid by Lessor.
10.2 If this Lease is only for a portion of a building, or of a
building with common service utilities, Lessee shall provide and pay for
the separation of existing utilities (gas, electric and water), and shall
thereafter provide for and pay directly to the appl4cable utility company
all separately metered charges for such services.
10.3 Except as provided in Article 12 hereafter, Lessee shall not
use, for utility lines or otherwise, any property of Lessor other than the
premises without first obtaining Lessor's written consent and complying
with all requirements of Lessor.
CSXT Form 3654-Sheet 7
Rev. October 1987
10.4 Lessor shall not be liable for, and Lessee hereby assumes all
risk of loss directly or indirectly caused by any leak, break or failure of
any utilities or appliances in any part of the premises.
11. PIPE AND WIRE LINES:
11.1 Lessor reserves the right at all times to maintain existing,
and/or to construct new, and to permit others to maintain and/or construct,
overhead and/or underground pipe and/or wire lines upon or across the
premises, and to use, repair, renew and remove the same.
11.2 However, Lessee shall be responsible to verify location of all
utilities and for coordination of any construction or excavation by Lessee
with the owner of such pipe or wire lines.
11.3 Any pipelines and/or wirelines of Lessee crossing under/over
tracks of right-of-way of Lessor must be covered separately by Lessor's
standard Wireline or Pipeline Crossing Agreement(s).
12. ADJACENT AREA USAGE:
12.1 Lessee shall have the right to use, in common with Lessor and
others authorized by Lessor, existing driveway(s) or other property
designated by Lessor as means of ingress to and egress from the premises.
Lessor shall have the right at any time to restrict the use of the
adjoining premises by Lessee to that of ingress and egress, and lessee
shall immediately cease any other use of Lessor's adjoining premises
inconsistent with ingress and egress.
12.2 Any road crossing of Lessor's track(s) or right-of-way necessary
or desired for access to/from the premises must be covered by separate
Private Road Crossing Agreement.
12.3 Lessor may also separately lease other areas for temporary use
by Lessee for parking, storage, loading or unloading of materials and
supplies, or for access utility lines for water, sewer, electrical power or
communications.
13. CLAIM OF TITLE:
13.1 Lessee shall not any any time own or claim any right, title or
interest in or to the premises, nor shall the exercjse of this Lease for
any length of time give rise to any right, title or interest in or to the
premises, other than the leasehold hereln created.
14. LIENS:
14.1 Lessee is specifically denied the right, authority or power to
create a lien upon the premises or any title, interest or portion thereof
under any state Mechanic's Lien Law or otherwise, and shall so specify in
all contracts let by Lessee for any construction, erection, installation,
alteration, maintenance or repair of any building or other improvement on
the premises.
CSXT Form 3654-Sheet 8
Rev. October 1987
14.2 Lessee shall pay all debts incurred to, and shall satisfy all
liens of, contractors, subcontractors, mechanics, laborers and material
suppliers arising from any construction, alteration and/or repair in and to
the premises and any improvements thereon, whether by or at the direction
of Lessee, and shall indemnify and hold Lessor harmless against all legal
costs and charges, including reasonable counsel fees, in any suit involving
any lien, the enforcement or removal thereof, or encumbrance caused by the
same, with respect to the premises or any part thereof.
15. ELEVATOR:
15.1 Lessee has inspected or caused to be inspected any elevator(s)
in the premises, and has satisfied itself that same ~s/are in good repair
and working order and safe for the use to which same will be put by Lessee.
Lessee hereby agrees that it shall at all times keep same in good order and
repair and shall at no time load or permit same to be loaded beyond the
safe capacity thereof.
16. FLOOR tOAD L~M~T:
16.1 Lessee shall not utilize or subject, or permit others to utilize
or subject, any floor space within Lessor's building(s) on the premises to
any loading in excess of square foot liveload limits. Lessee shall be
solely responsible to determine same, including employing necessary skilled
engineer(s).
17. FIRE PREVENTION:
17.1 Lessee shall cooperate with Lessor's Risk Management Department
and shall promptly comply with fire prevention measures requested by said
Department. Lessee shall also comply with all applicable rules and
regulations of the National Fire Codes established by the National Fire
Protection Association, as the same may affect the premises or the use
thereof.
17.2 Lessee shall make no electrical installations or alterations in
and to the improvements or electrical circuits (whether for power, light,
heat or other purposes) located on the premises, except by a duly licensed
electrician, and shall make no installation of natural gas, propane,
kerosene or other combustion fuel heating or cooling units, except by
· licensed heating or cooling contractor. No such alterations or
installations shall be made without prior approval of Lessor.
17.3 Lessee shall assume control of and properly operate and maintain
any sprinkler system installed by Lessor in said premises, and Lessee
assumes all liability for, and shall defend, indemnify and save Lessor
harmless from any claim for damage to or loss of goods or property of
Lessee or any other person(s) or corporation(s), ar]sin~ from the
installation or maintenance of said sprinkler system, failure to operate,
leakage or dampness therefrom or incident thereto.
CSXT Form 3654-Sheet 9
Rev. October 1987
18. DESTRUCTION AND RESTORATION:
18.1 In the event the premises shall be destroyed by fire, flood,
storm, or by any force maieure, or shall be damaged thereby to such extent
as to be unfit for the use of and purposes for which the same have been
leased, or shall become wholly untenantable in the sole opinion of Lessor,
then either party shall have the option of terminating this Lease.
18.2 If neither party shall cancel this Lease, Lessor shall have the
further election to repair, rebuild and/or restore said building and
premises. Lessor shall give prompt notice to Lessee of its election and,
if Lessor elects to repair or reconstruct said building and premises, the
rental shall be abated proportionately from the date of damage or
destruction until such repair or reconstruction ts completed.
19. LIABILITY INDEMNITY:
19.1 Lessee hereby assumes all risk of, and re]eases and waives any
right to ask for or demand damages for or on account of, any loss of or
damage to property of Lessee or any part thereof, including loss of or
interference with any use or service thereof, on the premises and upon any
access way(s) provided under Article 11, regardless of cause and whether
caused by, arising out of or resulting in any manner from the fault,
failure or negligence of Lessor or otherwise.
19.2 Lessee further assumes, and releases and agrees to protect, save
harmless, defend and indemnify Lessor from and against all claims and
liability for:
(A) all loss and damage to any property whatsoever, other than
said property of Lessee but including property of Lessor and of all other
persons whomsoever placed or stored upon the premises, and the loss of or
interference with any use or service thereof;
(B) all loss and damage on account of injury to or death of any
person whomsoever, including but not limited to employees and patrons of
the parties hereto and all other persons whomsoever on the premises; and
(C) all costs and expenses thereof (including reasonable
· attorneys' fees and court costs);
caused by, arising out of or resulting in any manner from the condition,
existence, use or occupancy of the premises and any adjoining lands used by
Lessee, whether caused by, arising out of our resu]t4ng from any fault,
failure or negligence of Lessor or otherwise.
19.3 Notwithstanding any other provision here~n, Lessee agrees to
defend, indemnify and hold Lessor harmless from all claims, costs and
expenses (including reasonable 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 this Lease or Lessee's use of the
premises, regardless of the location or proximity of such pollution to the
CSXT Form 3654-Sheet 10
Rev. October 1987
premises, including any claim or liability arising under Federal or State
law dealing with the pollution of air, water, land and/or ground water.
19.4 The term "Lessor" shall include any other company or companies
whose property at the aforesaid location may be leased or operated by
Lessor. All obligations of Lessee under this Lease to release, defend,
indemnify and hold Lessor harmless shall also extend to officers, agents
and employees of Lessor, and to companies and other legal entities that
control, are controlled by, are subsidiaries of, or are affiliated with,
Lessor, and the respective officers, agents and emp]oyees of such companies
or entities.
20. NOTICE, CONSENT:
20.1 Unless otherwise provided herein or by separate notice, notices
or written proofs, advice, etc. required hereunder to be given to Lessor
shall be addressed to Lessor at the address above, c/o Property Services
Department.
20.2 All consents or approvals of Lessor to construction,
alterations, or clearances, or standards of satisfaction of Lessor,
required hereunder, shall be secured in writing from its Chief Engineer at
the address above, or from said Chief Engineer's designated representative,
unless otherwise provided herein or by separate notice.
21. HAZARDOUS MATERIAL STORAGE:
21.1 At no time during the term of this Lease shall Lessee maintain,
treat, dispose of, store or have on the premises, or permit any other party
to have, maintain, treat, dispose of, or store on the premises, any
material which is classified by Federal, State or Local authorities as a
hazardous material or hazardous waste and/or which requires a permit for
the storage, treatment, disposal, handling or maintenance thereof from any
government authority. As used herein, "storage" includes the keeping of
material within any building on the premises, in the open on the premises,
or in a truck or other vehicle (other than a rail car for inbound or
outbound movement) on the premises.
21.2 Lessee further agrees to defend, indemnify and hold Lessor
harmless from any and all costs, expenses, liabilities, demands, claims,
· causes of action at law or in equity whatsoever arising from any treatment,
disposal, storage, maintenance or handling of any hazardous material or
hazardous waste on the premises, including, but not limited to, the cost of
clean-up, defense and reasonable attorneys' fees. The parties acknowledge
that the inclusion of the foregoing indemnification and hold harmless
provisions shall in no manner whatsoever evidence a waiver, consent or
permission on the part of Lessor for Lessee to violate the provision of
Section 21.1.
CSXT Form 3654-Sheet 11
Rev. October 1987
22. COMBUSTIBLES:
22.1 No mixing, blending or commingling of any combustible or
flammable materials will be done by Lessee on the premises, and no
flammable or combustible materials or substances shall be stored by Lessee
on the premises.
23. INSURANCE; LIABILITY, CONTRACT, ETC.:
23.1 Prior to commencement of occupation or use of the premises for
the permitted uses, Lessee shall procure, and shall also maintain during
continuance of this Lease, at its sole cost and expense, a policy of Public
Liability Insurance or Commercial Liability Insurance covering liability
assumed by Lessee under this Lease. A Combined Single Limit of not less
than THREE MILLION DOLLARS ($3,000,000.00) for personal injury and property
damage per occurrence is recommended to Lessee as a prudent minimum to
protect Lessee's assumed obligations hereunder. If said policy does not
automatically cover Lessee's contractual liability under this lease, a
specific endorsement adding such coverage shall be purchased by Lessee. If
said policy is written on a "claims made" basis instead of an "occurrence"
basis, Lessee shall arrange for adequate time for reporting losses.
Failure to do so shall be at Lessee's sole risk.
23.2 If Lessee contracts for new construction or structural
alterations to the premises, Lessee shall provide or shall cause its
contractor to provide, prior to commencement of any construction activity,
and maintain during the period of construction and all related activities,
at no cost to Lessor, a policy of Owner's Protective Liability Insurance
designating Lessor as insured, with a limit of not less than TWO MILLION
U.S. DOLLARS ($2,000,000.00) Combined Single Limit per occurrence for all
bodily injury and property damage liability. If the construction or
alterations involve an exposure to train operations on tracks of Lessor,
the insurance shall be written on the ISO/RIMA Form of Railroad Protective
Insurance, with a limit of not less than TWO MILLION U.S. DOLLARS
($2,000,000.00) Combined Single Limit per occurrence for bodily injury and
property damage and at least a SIX MILLION U.S. DOLLAR ($6,000,000.00)
aggregate limit during each annual policy period. The original protective
liability policy shall be submitted to and approved by Lessor's Director -
Casualty Insurance, at the address above, prior to commencement of the
· construction or alterations.
23.3 Lessor may at any time request evidence of insurance purchased
by Lessor to comply with this Article, and may demand that Lessee purchase
insurance deemed adequate by Lessor. Failure of Lessee to comply within
thirty (30) days of Lessor's demand shall be an event of default subject to
Article 14. Furnishing of liability insurance by Lessee shall not limit
Lessee's liability under this Lease but shall be add]ti6nal security
therefor.
CSXT Form 3654-Sheet 12
Rev. October 1987
24, TERMINATION, REMOVAL, COSTS:
24.1 Upon termination of this Lease, by expiration of term or any
reason, Lessee shall vacate said premises and remove therefrom all
furniture, fixtures, moveable chattels, structures, other improvements, and
contents thereof, placed thereon by Lessee or located thereon as of the
first day of this Lease, other than buildings, structures and other
improvements designated by Lessor as owned by Lessor, all at Lessee's sole
risk, cost and expense. Lessee shall clear all debris resulting from such
removal and shall restore said premises to a condition satisfactory to the
Chief Engineer of Lessor. Such removal shall include the removal of all
structures and facilities placed thereon by Lessee (whether on the surface
or underground) to ground level, and the filling of all excavations and
holes, which shall be tamped, compacted and graded uniformly.
24.2 Such vacation and removal shall be completed by Lessee. within
the time specified in any notice of termination or at the latest within
fifteen (15) days after the termination of said Lease.
24.3 Upon failure of Lessee to effect such removal, all furniture,
fixtures, chattels, structures or improvements, and contents thereof, may,
at the option of Lessor, be considered and treated as having been abandoned
by Lessee, and upon the written exercise of such option of Lessor, the
ownership of same shall be considered surrendered to Lessor.
24.4 Upon failure of Lessee to completely remove all furniture,
fixtures, chattels, structures, other improvements, or building contents,
ownership of which, under the option in Section 24.3, did not pass to
Lessor, and upon Lessee's failure to restore said premises to a condition
satisfactory to said Chief Engineer, as provided herein, Lessor may remove
all furniture, fixtures, chattels, structures or improvements, and contents
and debris, and restore said premises to the condition aforesaid, at the
sole risk, cost and expense of Lessee, which cost and expense Lessee hereby
agrees to pay to Lessor on demand.
24.5 In the event that this Lease is terminated by notice of either
party (other than for breach or cause), Lessor shall refund to Lessee the
proration of any prepaid base rental and taxes ps]d ~n advance; PROVIDED,
however, such refund shall not be made when the cumulative total involved
· is less than One Hundred Dollars ($100.00).
24.6 At the sole option of Lessor, at or after termination, Lessor
may obtain, at Lessee's cost, the services of an independent, qualified
consultant and state-approved laboratory to sample and test any
visibly-contaminated area of the Premises to insure that the Premises are
returned to Lessor reasonably free from pollution-inducgd conditions.
However, failure by Lessor to sample and/or test sh.ll not be construed as
a waiver of any claim established by law, or of any other provision or
condition of this Lease.
CSXT Form 3654-Sheet 13
Rev. October 1987
25. SUCCESSORS AND ASSIGNS; LIMITS ON TRANSFER:
25.1 Except as hereinafter provided, the terms, covenants and
provisions hereof shall inure to the benefit of and be binding upon the
successors and assigns of Lessor and the successors and assigns (or heirs,
legal representatives or assigns) of Lessee.
25.2 However, Lessee shall not transfer, assign, encumber or sublet
this Lease or any part of the premises or any rights and privileges herein
granted except to a subsidiary, parent or common controlled affiliate.
This covenant shall also apply whether such sale or transfer is made
voluntarily by Lessee or involuntarily in any proceeding at law or in
equity to which Lessee may be a partly whereby any of the rights, duties
and obligations of Lessee may be sold, transferred, conveyed, encumbered,
abrogated or in any manner altered, without the prior notice to and consent
of Lessor.
25.3 Lessee shall not suffer or permit any other person or
corporation to use any part of the premises except with the separate
written content of Lessor.
25.4 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Lease, or any of the rights and privileges
hereunder, Lessor, at its option, may terminate this Lease at any time
within six (6) months after such sale, assignments, etc., by giving Lessee
or any such assignee written notice of such termination, and Lessor may
thereupon enter and immediately retake possession of the premises. Consent
of Lessor shall be resumed to such assignment, etc., if no such termination
notice is given.
26. CONDEMNATION:
26.1 Should the premises or any part thereof be condemned,
appropriated and/or acquired for public use, then this Lease, at the option
of Lessor, shall terminate upon the date when the premises or such part
thereof shall be taken. No part of any damage or award shall belong to
Lessee, except to the extent of any specific award from the governmental
authority for improvements and/or facilities of Lessee. Improvements
and/or facilities of Lessee not so condemned, appropriate and/or acquired
'shall be removed by Lessee in accordance with Article 24 hereof.
26.2 Lessor's land shall be valued as of such date (or other legal
date of valuation) as vacant land, without consideration of this Lease or
Lessee's improvements on said land as an enhancement or detriment to said
land value.
CSXT Form 3654-Sheet 14
Rev. October 1987
27. HOLDING OVER:
27.1 The term of this Lease shall expire and terminate at the end of
the original term hereof (or at the expiration of the last renewal term, if
this Lease contains a renewal option and the same is properly exercised),
without further notice by or to any of the parties hereto unless otherwise
provided herein.
27.2 If Lessee occupies the premises after such expiration or
termination, Lessee shall hold the premises only as a tenant from
month-to-month, subject to all the other terms and conditions of this
Lease, at a rental amount equal to 150% of the highest monthly rental
installment reserved in this Lease.
27.3 However, upon the expiration or termination of this Lease,
Lessor shall be entitled to the benefit of all public general or local laws
(eviction or summary ejectment) relating to the speedy recovery of
possession of lands and tenements held over, now in force or which may
hereafter be enacted.
28. DEFAULT:
28.1 Any of the following events shall constitute a default by
Lessee:
(A) If the rent (basic or additional) shall be in arrears, in
whole or in part, for thirty (30) or more days; or
(B) If Lessee shall have failed to perform any other term,
condition, or covenant of this Lease on its part to be performed for a
period of fifteen (15) days after notice of such failure from Lessor; or
(C) If lessee creates a situation involving hazard to safety of
railroad operations of Lessor and fails to correct same within forty-eight
(48) hours or notice from Lessor to do so; or
(D) If the premises are vacant, unoccupied or deserted for a
period of fifteen (15) days or more any time during the term; or
(E) If Lessee is adjudicated a bankrupt for liquidation as
'herein provided; or
(F) If Lessee's leasehold interest under this Lease is assigned
or sold under execution, attachment or decree of any court, to satisfy any
debt of Lessee; or
(G) If any lien (including a mechanic's or 9nvironmental fund
lien) is filed against Lessee's leasehold interest, and is not discharged
within ten (10) days thereafter.
CSXT Form 3654-Sheet 15
Rev. October 1987
29. BANKRUPTCY OF LESSEE:
29.1 In the event any assignment for the benefit of creditors or a
petition in bankruptcy is filed by Lessee, or if Lessee is adjudged
bankrupt or insolvent by any court, or if a trustee in bankruptcy or a
receiver of Lessee or Lessee's property shall be appointed in any suit or
proceeding brought by or against Lessee, and if at such time this Lease is
in default by Lessee, then and in such event Lessor, at its option, may:
(a) terminate this Lease at the end of the following month by notice, or
(b) request affirmance or rejection of this Lease under Sac. 365 of
Bankruptcy Act by giving Lessee or any such assignee, trustee, or receiver
written notice of such termination or demand for election. If Lessee, or
such assignee, trustee or receiver, fails to elect afflrmance and fails to
furnish adequate assurances of correction of existing debt and continued
performance under the Lease, within the term of the notice, Lessee shall be
deemed to have rejected the same.
29.2 If Lessee or such assignee, trustee, or receiver shall reject or
be deemed to have rejected this Lease, lessee sha]l vacate the premises as
in Article 24 above, without further notice necessity. If Lessee or such
assignee, trustee or receiver shall affirm this Lease, it shall thereupon
be bound by all terms hereof, including payment of ell rentals from the
date of Lessor's notice of demand for election and remedies of Lessor for
nonpayment or other breach as hereinabove (including the provisions of this
Section).
30. LESSOR'S REMEDIES:
· 30.1 In the event of default as defined in Article 28, Lessor, in
addition to any and all legal and equitable remedies tt may have, shall
have the following remedies:
(A) At any time after default, to declare this Lease terminated
upon immediate notice, and to enter the premises with or without legal
process. In such event, Lessor shall have the benefit of all provisions of
law now or hereafter in force respecting the speedy recovery of possession
from Lessee's holding over or proceedings in forcible entry and detainer,
and Lessee waives any and all provisions for separate or additional notice
under such law(s).
(B) To distrain at all times for rent due, and Lessor shall
have a valid and first lien upon all property of Lessee (including but not
limited to Lessee's improvements, structures, equipment and contents)
situated on the premises as security for the payment of rent herein
reserved. Lessee expressly consents to the recording of a Financing
Statement, at Lessee' cost, to evidence and perfect Lessor's lien
hereunder.
30.2 Notwithstanding such reentry and/or termination, Lessee shall
immediately be liable to Lessor for the sum of the following: (a) all
rent and additional rent then in arrears, without apportionment to the
termination date, including Lessee' contribution to taxes under Articles 2
CSXT Form 3654-Sheet 16
Rev. October 1987
and 3 for the year of termination; (b) all other liabilities of Lessee and
damages sustained by Lessor as a result of Lessee's default, including but
not limited to, the reasonable costs of reletting the premises and any
broker's commissions payable as a result thereof; (c) all of Lessor's
costs and expenses (including reasonable counsel fees) in connection with
such default and/or recovery of possession of premises; (d) the greater of
(1) the rent reserved under Article 1 of this Lease accelerated and
computed for the balance of the term or (2) the fair rental value of the
premises for the balance of the term, to be determined as of the date of
reentry; however, at Lessor's option in lieu thereof, Lessee shall pay the
amount of rent and additional rent reserved under this Lease accelerated
and computed for the balance of the term, subject to a future credit and
refund of any amount received by Lessor during such period from others to
whom the premises may be rented, on such terms and conditions and at such
rentals as lessor, in its sole discretion, shall deem proper; and (e) any
other damages recoverable by law.
30.3 In the event Lessor brings any action against Lessee to enforce
compliance by Lessee with any covenant or condition of this Lease,
including the covenant to pay rent, and it is judiclally determined that
Lessee has defaulted in performing or complying w~th any such covenant or
condition, then and in such event, Lessee shall pay to Lessor all costs and
expenses incurred by Lessor in bringing and prosecuting such action against
Lessee, including reasonable attorney fees.
30.4 Additionally, in the event Lessee fails to pay Lessor any rental
payment or other charges due hereunder within ten (10) days from the date
on which any such payment was due, Lessor may, at its option, charge Lessee
a Late Charge equal to ten percent (10%) of the rental payment or other
such charge, which late charge shall be collectible as additional rent and
shall be payable by Lessee within ten (10) days after written notice from
Lessor assessing the same. In addition, any base or additional rental
payment which is delinquent for ten (10) days or more, shall bear interest
from the 31st date on which same was due, at the prime rate of interest
then being charged by Manufacturers Hanover Bank (of New York), or its
successor, to its most favored commercial customers.
31. BREACH, WAIVER:
30.1 No waiver by Lessor of any breach of any covenant, condition or
'agreement herein contained shall operate as a permanent waiver of such
covenant, condition or agreement itself, or of any subsequent breach
thereof. No endorsement or statement on any check or letter accompanying a
check for payment of rent shall be deemed an accord and satisfaction, and
Lessor may accept such check or payment without prejudice to Lessor's right
to recover the balance of such rent or to pursue any other remedy provided
in this Lease. No payment by Lessee or receipt by LessOr of a lesser
amount than the periodic installment(s) of rent here]n stipulated shall be
deemed to be other than on account of the earliest stipulated rent.
31.2 If Lessor shall institute collection or litigation proceedings,
and a compromise or settlement thereof shall be made, the same shall not
constitute a permanent or general waiver of any covenant herein contained
CSXT Form 3654-Sheet 17
Rev. October 1987
nor of any of Lessor's rights hereunder unless so expressed by Lessor in
writing. No re-entry by Lessor after a breach shall be considered an
acceptance of a surrender of this Lease, unless so expressed by Lessor in
writing.
32. SEVERABILITY:
32.1 This Lease is executed by all parties under current
interpretation of any and all applicable Federal, State, County, Municipal,
or other local statute, ordinance, or law. Further, each and every
separate division (paragraph, clause, item, term, condition, covenant or
agreement) herein contained shall have independent and severable status
from each other separate division, or combination thereof, for the
determination of legality, so that if any separate division herein is
determined to be unconstitutional, illegal, violative of trade or commerce,
in contravention of public policy, void, voidable, ~nvalid or unenforceable
for any reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division herein contained,
or any other combination thereof.
33. RECORDAT~ON:
33.1 This instrument is not to be recorded by any party and
recordation shall not constitute notice for any legal effect.
33.2 However, in the event of recordation, all costs, charges, stamps
and/or taxes, however styled or assessed, necessary to place this Lease or
a Memorandum of this Lease (and any subsequent Release or Memo of Release)
upon record shall be borne solely by Lessee.
34. COMPATIBILITY:
34.1 In the event this Agreement is part of a package of agreements
for rail service to a plant or facility of Lessee, this Agreement and all
other such documents shall be read as compatible parts of said package and
not in contradiction to each other, such that in the event of apparent
conflict in any duties here/thereunder, Lessor/Railroad shall designate
which clause(s) shall survive or control any others.
35. OTHER PROVISIONS:
35.1 [X] None
CSXT Form 3654-Sheet 18
Rev. October 1987
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be
executed, in duplicate, as of the day and year first above written.
Witness(es) for Lessor: CSX TRANSPORTATION, INC.
A' E. K es er t
Witness(es) for Lessee: CITY OF SANFORD, FLORIDA
CSXT Form 3654-Sheet 19
Rev. October 1987
Sanford, Florida, held on the ~' day of "'/~ ,
RESOLUTION
Cc~mission
Be it resolved by the City ~e~ae~l-in regular meeting assembled that
the Mayor of said City be, and sh~bereby is, authorized to enter into an
agreement with CSX TRANSPORTATION, INC. ("CSXT"), and to sign same on
behalf of said City whereby CSXT leases unto said City a parcel of land
containing approximately 0.46-acre at Sanford, Florida for the purpose of
constructing and maintaining a pipeline; as more particularly described in
said agreement, which agreement is dated May 1, 1988, a copy of which is
filed with this City Council.
STATE OF FLORIDA )
) SS.
COUNTY OF DUVAL )
State of Florida and the County of Duval, do certify that, on the date below,
before me in said County personally came J. L. Kiesler, to me known, and
known to me to be the person whose name is subscribed to the above instrument,
who, being by me first duly sworn, did depose, acknowledge and say that:
he resides in Jacksonville, Duval County, Florida; he is Assistant Vice
President-Property Services, CSX Rail Transport, of CSX Transportation, Inc.,
the corporation described in and which executed said instrument; he is fully
informed of the contents of the instrument; he knows the seal of said corpora-
tion; the seal affixed to said instrument is such seal; it was so affixed by
authority of the Board of Directors of said corporation; he signed his name
thereto for said corporation pursuant to such authority; and instrument is
the free act and deed of said corporation; and the conveyance herein is not
part of a transaction, sale, lease, exchange or other transfer or conveyance
of all or substantially all of the property and/or assets of the Grantor.
IN WITNESS WHEREOF, I hereunto set my hand and official seal, this
(SEAL) ~"~"~""'*Q~~~ Public
My Comission expires on
My commission expires April 30, 1991
Bonded thru Pa~emon - Becht Agency
TO: City Clerk
FROM: Director of Engineering and Planning
SUBJECT: CSX Right-of-Way Crossings Permits,
Forwarded for Safekeeping
DATE: April 29, 1988
Henry:
The attached supplemental letter agreements related to CSX
Crossing Agreements 4603 and 4599 are forwarded for safekeeping.
These changes resulted from design changes for our distribution
system.
By copy of this memorandum, copies of these change agreements
are forwarded to Conklin, Porter & Holmes Engineers for their
records.
WAS: mc h
xc: Conklin, Porter & Holmes
Attn: David Gierach, P.E.
" ~ Property Services
500 Water Street
Jacksonville, Florida 32202-4465
(904) 359-1774
TPJL, N~I~O~ION
April 21, 1988
When corresponding, always
refer to: RE-87315-JW
Mr. Frank A. Faison
City Manager
City of Sanford
Post Office Box 1778
Sanford, FL 32772-1778
Supplemental Letter Agreement-CSXT-4603
Dear Mr. Faison:
This refer to agreement dated November 20, 1987, between
CSX Transportation, Inc. and City of Sanford, covering maintenance and use of
reclaimed water pipeline crossing Railroad's right of way and trackage at a
point 1,291 feet northwardly of Milepost AU-772, at or near Sanford, Florida.
In that agreement, the location destination was in error and should have
read 2,220 feet southwardly of Milepost AU-771, instead of 1,291 feet
northwardly of Milepost AU-772 as indicated on the attached revised print.
In lieu of preparing a revised document and with the nnderstanding the
remaining terms and conditions stipulated in the November 20, 1987 agreement
remain as stated, it is requested that you attach a copy of the revised print
and application form, dated March 1, 1988, to the agreement to reflect this
change. If you are agreeable to this, please sign both copies of this letter
supplement, retain one copy for your records and return a copy to me for
CSXT's records.
Very truly yours,
T. D. Phillips
Director Contracts
Property Services
Agreed and Accepted
This~ day of ~)'~/~'~ , 1988
C~~~ord, Florida
CSX Distribution Services, CSX Equipment, CSX Rail Transport and American Commercial Lines
are business units of the CSX Transportation Group.
I
PROPOSED PIPELINE CROSSING
SCALE: 1': 50'
· PROFILE LOOKING SOUTH
SCALE: 1': 50' Horn.
.SCALE: 1=: 5' Vert.
. ~5th PI~ R/W -ow~ .~
AU-771.7
Property Services
500 Water Street
Jacksonville, Florida 32202-4465
(904) 359-1774
~O2~A~ION
April 20, 1988
When corresponding, always
refer to: RE-82557-JW
Mr. Frank A. Faison
City Manager
City of Sanford
Post Office Box 1778
Senford, FL 32772-1778
Supplemental Letter Agreement-CSXT-4599
Dear Mr. Falson:
This refer to agreement dated November 16, 1987, between
CSX Transportation, Inc. and City of Sanford, covering maintenance and use of
reclaimed water pipeline crossing Railroad's right of way and trackage at a
point 2,580 feet southwardly of Milepost A-767, at or near Sanford, Florida.
In that agreement, the location destination was in error and should have
read 2,510 feet southwardly of Milepost A-767, instead of 2,580 feet
southwardly of Milepost A-767 as indicated on the attached revised print.
In lieu of preparing a revised document and with the understanding the
remaining terms and conditions stipulated in the November 16, 1987 agreement
remain as stated, it is requested that you attach a copy of the revised print
and application form, dated March 1, 1988, to the agreement to reflect this
change. If you are agreeable to this, please sign both copies of this letter
supplement, retain one copy for your records and return a copy to me for
CSXT's records.
Very truly yonrs,
T. D. Phillips
Director Contracts
Property Services
Agreed and Accepted
This ~ day of/'~'~/~,'- , 1988
fi~?rrd ~
C t Florida
CSX Disfribufion Services, CSX Equiprnen~, CSX Rail Transpoff and American Commercial Lines
are business uni'ls of '~he CSX Transportation Group.
PROPOSED PIPELINE CROSSING
SCALE: 1': 50'
· , [~ :~d~JNQLE .CO .., F L
PROFILE: LOOKING SOUTH own.
SCALE: 1':50' Horiz.
1':5' Vert.
COUNTRY CLUB ROAD R/W
Property Services
500 Water Street d~
Jacksonville, Florida 32202-4465 ~PR ! ~98E~
(904) 359-1774
TRAN~ORTATION Cil'~f O~g)~i'~FO~D
, April 15, 1988
When corresponding, always
refer to: RE-87916-JW
RE-87919-JW
Mr. Frank A. Faison
City Manager
City of Sanford
P. O. Box 1778
Sanford, Florida 32772-1778
Dear Mr. Faison:
For completion of your records, I am attaching a fully executed
duplicate-original of two (2) agreements dated March 11, and March 14, 1988
between CSX Transportation, Inc. and City of Sanford, covering installation
and maintenance of two (2) raw sewage pipelines crossing Railroad's right of
way and trackage at points 1,600 and 2,500 feet northeastward]y of
Milepost AU-769, at or near Sanford, Florida.
I call your attention to Item 10 on the attached Forms which state that
you must notify the Division Engineer's office at least five (5) days prior
to the date and time you desire to perform any work on Railroad property.
Further correspondence pertaining to these agreements should be
addressed:
Mr. C. M. Kiefer, Jr., Division Manager
CSX Transportation, Inc.
5656 Adamo Drive
Tampa, FL 33619-3240
referring to his Fj]e 13-15958 and 13-15956.
Very truly yours,
T. D. Phillips
Director-Contracts
Property Services
Attachment
CSX Distribution Services, CSX Equipment, CSX Rail Transport and American Commercial Lines
are business units of the CSX Transportation Group.
Form CCB-t3
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. ~/ Execution on behalf of a CORPORATION should be accomplished by the
President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the
Corporation. If the Corporate name. is set out erroneously in the
Agreement, the document should be executed and the name corrected
and initialed where it appears. (Furnish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement, .'
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of the
partnership should execute the document unless one member of the
firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. }( The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ~ NAME(S) and TITLE(S) of person(s) executing the document must be
typed or printed in ink directly beneath signature(s).
6. X In returning the Agreement, please furnish fee(s) set out in
Article(s) ~2. /
7. X'Check andSour payment preference in Article ~?./.
8. ' Initial and date each rider attached to the document following the
execution sheet. '"
9./~ Furnish Certificate of Insurance as evidenced by Article
10. X Subsequent to receipt of a fully executed copy of this Agreement.,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on
Railroad property.
11. ~r If RENTAL', MAINTENANCE CHARGE or OTHER FEES are involved, show
below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Z]p Code
CSXT Form 2037-G -Sheet 1
Revised March 1988
RE-87919
PS\JW8074C.29P
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 14th day of March, 1988 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 under the laws of
the State of Florida, whose mailing address is P. O. Box 1778, Sanford,
Florida 32772-1778, hereinafter called "Licensee", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of raw sewage only, hereinafter called
"Pipeline" under or across the track(s) and property owned or controlled by
Licensor at or near SANFORD, County of SEMINOLE, State of FLORIDA, at a
point 2,500 feet northeastwardly measured along the center line of
Licensor's main track(s) from Licensor's Milepost AU-769 (Station No. --),
hereinafter called the "Crossing"; as shown in green on print of Licensee's
Drawing attached hereto and made a part hereof; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application
Form, dated September 15, 1987, 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 Licensor, insolaf as it has the legal right, power and authority
to do so, 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 Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CSXT Form 2037-G -Sheet 2
Revised March 1988
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay to Licensor
the following (Licensee shall check and initial one):
[ ] (A) An initial license fee of THREE HUNDRED U.S. DOLLARS
($300.00) and thereafter an annual license fee of ONE
HUNDRED U.S. DOLLARS ($100.00), payable annually in
advance on the anniversary date of this Agreement. Such
annual fee shall be subject to periodic review and
adjustment by Licensor. Payment by Licensee of any annual
license fee shall not be held to create an irrevocable
license for any period beyond said one (1) year term.
This license shall remain in effect from year to year,
subject to the right of either party hereto to terminate
at the end of any one (1) year term by written notice
given to the other party at least thirty (30) days prior
to the end of such term.
[ ] (B) A five (S) year initial license fee of FOUR HUNDRED U.S.
DOLLARS ($400.00). In the event of termination of this
license prior to the expiration of five (5) years, a
prorated refund shall be paid to Licensee, unless said
termination is due to cause of or default of Licensee - in
which event, no refund is payable. Any further term or
renewal must be renegotiated. License shall be revocable
during term only in event of breach or default by
Licensee.
~L~ [~"' (C) A one-time license fee of FOUR HUNDRED U.S. DOLLARS
($400.00). License shall be revocable only in the event
of Licensee's default. License shall also end upon
Licensee's cessation of use for the purpose(s) above.
2.2 In any term, Ltcensee assumes sole responsibility for and, to the
extent permitted by State law, shall pay directly (or reimburse Licensor
for) any additional taxes and/or assessments levied against Licensor or
Licensor's property solely on account of Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
Licensee's particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
CSXT Form 2037-G -Sheet 3
Revised March 1988
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken at time(s) satisfactory to Licensor and in a manner so as to
eliminate or minimize any impact on or interference with the safe use and
,
ce
operation of Li nsor s track(s) and appurtenances thereto. In the
installation and/or maintenance of said Pipeline, Licename shall not use
explosives of any type or perform or cause any blasting without the
separate express written consent of Ltcensor. As a condition to such
consent, a representative will be assigned by Licensor to monitor blasting,
and Licename shall reimburse Licensor for the entire cost and/or expense of
furnishing said monitor.
3.4 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which pipeline and appurtenances are a part.
3.5 As additional consideration for the license or right herein
granted, Licensor shall have right, at any time in the future, to connect
its sanitary sewer (with meter) to said pipeline.
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 permits or licenses 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 the requirements of such public
authorities, and all applicable laws and regulations and future
modifications thereof.
4.2 Licename assumes sole responsibility for failure to obtain such
permits or licenses, any violations thereof, or for costs or expenses of
compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline which are necessary to
· ot
protect or facilitate Llcens r s use of its property shall be made by
Licensee promptly, but in no event later than ten (10) days after Licensee
has notice as to the need for such repairs or maintenance, whether or not
said repairs or maintenance result from acts of Licensee, or natural or
weather events.
5.2 In the event of Licensee's failure to repair or maintain, or in
the event such repairs or maintenance generate cost or expense to Licensor
(including train delays and/or inability to meet train schedules), Licename
shall be solely responsible for such failure, costs and expense, and, to
the fulleat extent permitted by State law, Licename shall reimburse
Licensor such costs or expenses as additional rents hereunder.
CSXTForm 2037-G -Sheet 4
Revised March 1988
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensorts
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Ltcensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
6.3 Upon removal of Pipeline, Licensee shall leave Licensor's
property in a condition satisfactory to Licensor.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including changes in or additions to Licensor's track(s) or other
facilities) necessitate any change of location, height or depth of Pipeline
or Crossing, Licensee, at its sole cost and expense and within twenty (20)
days after notice in writing from Licensor, shall make changes in Pipeline
or Crossing to accommodate Licensor's tracks or operations. Any
alternative costs or expenses incurred by Licensor to accommodate the
continued use of Licensor's property by Licensee shall also be paid by
Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement or any public authority.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or carrier pipe or change in
materials transmitted in and through said pipe), plans therefor shall be
submitted to Licensor for approval before any such change is made. After
approval the terms and conditions of this Agreement shall apply thereto.
CSXT Form 2037-G -Sheet 5
Revised March 1988
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the reasonable judgment of Licensor, causes: (a) interference
(physical, magnetic or otherwise) with Licensor's power lines,
communication, signal or other wires, train control system, or facilities;
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
make such changes in its Pipeline as may be required in the reasonable
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and to the fullest extent permitted by
State law (Sections , Florida Statutes)
shall at all times hereafter release, indemnify, defend 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 presence, existence,
operations or use of Pipeline or any structure in connection therewith, or
restoration of premises of Licensor to good order or condition after
removal, EXCEPT when caused solely by the fault, failure or negligence of
Licensor. However, during any period of construction, repair,
maintenance, replacement or removal of the Pipeline, Licensee's liability
hereunder shall be absolute irrespective of any sole fault, failure or
negligence of Licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's Property which may result from fire or derailment resulting from
Licensor's rail operations. For this Section the term "Lessee's Property"
shall include property of third parties situated or placed upon Licensor's
property by Licensee or by such third parties at request of or for benefit
of Licensee.
CSXT Form 2037-G -Sheet 6
Revised March 1988
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss for Licensee's failure to maintain either the required
clearances for any overhead Pipeline or the required depth and encasement
for any underground Pipeline, whether or not such loss(es) result(s) in
whole or part from Licensor's contributory negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
11. INSURANCE:
11.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Licensee shall procure, or require any
contractor(s) to procure, and shall maintain during the continuance of this
Agreement, at Licensee's sole cost and expense, a policy of Public
Liability Insurance or Commercial Liability Insurance, naming Licensee as
insured and covering liability assumed by Licensee under this Agreement. A
coverage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined
Single Limit per occurrence for bodily injury liability and property damage
liability is recommended as a prudent limit to protect Licensee's assumed
obligations.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange or require its contractors to
arrange for adequate time for reporting losses. Failure to do so shall be
at Licensee's sole risk. If said 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.
11.3 In addition, Licensee's Contractor will obtain, if not included
under such insurance, Railroad Protective Liability coverage, General
Liability and Automobile Liability.
11.4 Ltcensor may, at any time prior to commencement of construction
on the Project, request evidence of insurance purchased by Licensee or
Licensee's Contractor to comply with this requirement, and may demand that
Licensee or Licensee's Contractor purchase insurance deemed adequate by
Licensor, but not in excess of the insurance specified by this Agreement.
Failure of Licensee or Licensee's Contractor to comply with Licensor's
demand shall be considered a default by Licensee subject to Article 19.
Securing by Licensee of insurance hereunder shall not limit Licensee's
liability under this Agreement, but shall be additional security therefor.
CSXT Form 2037-G -Sheet
Revised March 1988
11.5 Notwithstanding the provisions of Sections 11.1 and 11.4,
Licensee may self-insure in any amount(s) any (all) liability arising under
this Agreement.
12. GRADE CROSSINGS:
12.1 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.
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, removal, alteration, change or removal
of said Pipeline, to place watchman, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's railroad
operating rules and labor agreements, Licensee may provide flagmen,
watchman, inspectors or supervisors, during all times of construction, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchman,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages ("force account work") 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, force account insurance and vacation allowances for
Licensor's employees, and insurance and freight and handling charges on all
material used. Any equipment rentals shall be payable by Licensee in
accordance with Licensor's fixed applicable rate.
14.3 All undisputed bills or portions of bills not paid within said
thirty (30) days shall thereafter accrue interest at the highest rate
permissible by local law or twelve percent (12%) per annum, whichever is
lower. Unless Licensee shall have furnished detailed objections to such
bills within said thirty (30) days, bills shall be presumed undisputed.
CSXT Form 2037-G -Sheet 8
Revised March 1988
15. TERMINATION, REMOVAL:
15.1 On or before termination of this Agreement, or within thirty
(30) days of cancellation or revocation, Licensee, at its sole risk and
expense, shall remove Pipeline from the property of Licensor, unless the
parties hereto agree otherwise, and shall restore property of Licensor in a
manner satisfactory to Licensor, and reimburse Licensor all loss, cost or
expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination, cancellation or revocation of this Agreement shall not affect
any claims and liabilities which may have arisen or accrued hereunder to or
for either party, and which at the time of termination, cancellation or
revocation have not been satisfied; neither party, however, waiving any
defenses.
16. NOTICE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given to
Licensor's Division Engineer.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above; and all other notices to
Licensor at the address above, c/o CSXT Property Services J180; or at such
other address as either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon actual receipt or upon refusal of
delivery.
17. ASSIGNMENT:
17.1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Sections 2.1 and 17.1, this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their
respective successors or assigns.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
CSXT Form 2037-G -Sheet 9
Revised March 1988
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and of
revoking the privileges and powers hereby conferred upon Licensee.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 Neither the form nor any language of this Agreement shall be
interpreted or construed in favor of or against either party hereto as the
sole drafter thereof.
23.2 This Agreement is executed by all parties under current
interpretation of any and all applicable federal, state, county, municipal
or other local statute, ordinance or law. However, each and every separate
division (paragraph, clause, item, term, condition, covenant or agreement)
herein contained shall have independent and severable status from each
other, separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violattve of trade or commerce in contravention
of public reason, that separate division shall be treated as a nullity, but
CSXT Form 2037-G -Sheet 10
Revised March 1988
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[X] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] High tension wire limits
[ ] Telecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS W]{EREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) the date and year
first above written.
Witness(es) for Licensor: CSX TRANSPORTATION, INC.
CSX Rail Transport
Witneas(es) for Licensee: LICENSEE: CITY OF SANFORD, FLORIDA
E, lm/M~rtl e" , S0602.27
7455 SBD
Plans for proposed installsclot shall be submitted to and meet the approval of the ltail-
roBl C~elpan~' before construction is begun. Ma:erlal and i:s:allatlon are to be in strict
accoz~ance wi:h speclfica=Ions of the American Bailway Engineering Asso¢fatlcm and requir~ments
of t. he Seaboard System Bailroad. Original and ~elve (12) copies of :his form shall be
submitted, acco~panied b7 ,T~elve {12) lettersize prinns of a drawin~ showing plan, elevatlon
section of crossing ~rom field surve7, location in respect to Mile Post, width of Bailroad's
riS~x= of way, locaEiou of adjacent structures affectin8 crossi-S, and all information required
in Figures I and 2 of AFa S?eolficatlons, Part 5 - Pi~e!ines. If oven cutting or tunnelin
is necessary, details of sheeting and methc~ of supporting tracks or drivln~ tunnel shall be
ahomxo
1. Corrmct Name of Aoplicann ' C~ty O~ Sa~or~
2. Post Office AddreSs ~.0. ~Ox 1//5~ ba~0rG, ~aa.
3. Partnership Name and ini==als all partners, women - given and su~w~s
and presenn NA
~. If incor~orated~ ..w. of st. ate in which incorporated
6. Nearest Rai!roa~ Scatlot banf0rd County 0
7. With~-n !~---its o£ ~ubl!c hlShway name 4t~ Street Fed-Scats-Count7
8. TenD..orary track support or rlprappln~ resulted ( ) Yes (X) No - Describe
9. Wires, poles, obstructions to be relocated ( ) Yes (X) ,No Describe
10 Product to be convoTed ~aw Sewdoe F1-----hle ( ) Yes (X) V)SD Tam~era:ureAmhient
11. Max. ~orklng pressure Vacuu~ pSI. Field test pressure24" Hq ~1. ~ test
12. Boca:ion of shut-off valves 20' south of 2nd St.
" 13. PIPE SPECIFICATIONS: CABRI=K PIPE CASING PIPE
M~terial PVC Steel
Mar. arlal SpecifiEd:ions and Grade ASTM D2241 SDR 21 ASTM A1Bq Type B
Mi=imum Yield S:rength of ~:erial PSI NA Jb,UUU
~11 ~s: ~ssu~ Pal NA 820 PSI
Insi~ D~:er b.995" 12"
Wall ~ic~ss ~.316" 0.251"
~:s~ae D~:~: 6. 625" 12. 502"
T~ of ~ NA NA
~yi~ ~:hs 20' 1R'
Ki~ of Joints Rubber Gasket Push On W~IH~H
~: ~r Size Bg:. able ground
S~: ~ e~s ~rOuted ~ e~
B~Y: ~se of rail :o :o~ of casing b ft. 6 In.
B~Y: ~o: ~a:h :rac~) 3 f:. 0 in.
B~Y: ~adva~ d~:ches ) NA f:.
~IC ~ION: ( ) Yes ( X ) No
~CT~ C~T~: ( ) Yes ( X ) No Kind
~, size and spactn~ of ~ulauors or su~por=s ~ee attached detai
1~. ~:h~ of ~s:al%a:ion Bore & Jack
If apOllo:ion is a~r~e~, a~plican: a~r~es :o rei~urse :he hiltcad for any
incurred by :he ~ilr~d lnclden: :o i~:all.a=ion, -linzenance, and/or su~ision ~cess!=a=e~
by =hls pi~e ll~ ins=alia:ion, and fuT:~r aS~es :o ass~ all liabil!:y for a~cideu:s
i~Jur!es vhi~h arise as a ~sul: of =his insrails:ion. Sh~ld ~en cu= Ins=a~la=l~ ~ require
a non-~nda~le ~harEe of $ will ~ rebuild :o :esurface
~u~ and Ti:~e of OfflEEr Si~ni~
Fr~k A. Faison, City ~ager
i~. ,,.~,,. ~ - ... ,: ; ' ~ .........~ ;"~ '. · '~ ~:i; ~ .':.: ,: ~;,: . ." . -
--.' /..' ":::., :Y[5.-.'~7-,,"~" ::' .~ -::; ' ' ':. ~ ' - ";' ~ ~.;i~'~' ,.
VICINITY MAP
SCALE ~": 2000'
CITY OF SANFORD
VACUUM COLLECTION
SEWER SYSTEM
CPH' JOB No, SO602.27
Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. ~r Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
if the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. ~ The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ~/ NAME(S) and TITLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
6. ~ In l'eturning the Agreement, please furnish fee(s) set out in
Article(s) c2. /
7. X Check and ~your payment preference in Article r~./.
8. Initial and date each rider attached to the document following
the execution sheet.
9./~r Furnish Certificate of Insurance as evidenced by Article
10. ~r Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on
Railroad property.
11. Y If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show
below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Zip Code
CSXT Form 2037-G -Sheet 1
Revised March 1988
RE-87916-JW
PS\3W8071A. 30P
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the llth day of March, 1988 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 under the laws of
the State of FLORIDA, whose mailing address is P.O. Box 1778, Sanford,
Florida 32772-1778, hereinafter called "Licensee", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of raw sewage only, hereinafter called
"Pipeline" under or across the track(s) and property owned or controlled by
Licensor at or near SANFORD, County of SEMINOLE, State of FLORIDA,. at a
point 1,600 feet northeastwardly measured along the center line of
Licensor's main track(s) from Licensor's Milepost AU-769 (Station No. --),
hereinafter called the "Crossing"; as shown in green on print of Licensee's
Drawing attached hereto and made a part hereof; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application
Form, dated September 15, 1987, also attached hereto and made a part
hereof:
NOW, ~"~{EREFORE, in consideration of the mutual covenants, conditions,
terms and agreements herein contained, the parties hereto agree and
covenant as follows:
I. LICENSE:
1.1 Licensor, insolaf as it has the legal right, power and authority
to do so, 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 Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used hereln, includes pipes, ducts, casing,
vents, manholes, connectors~ fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CSXT Form 2037-G -Sheet 2
Revised March 1988
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay to Licensor
the following (Licensee shall check and initial one):
[ ] (A) An initial license fee of THREE HUNDRED AND N0/100 U.S.
DOLLARS ($300.00) and thereafter an annual license fee of
FIFTY AND N0/100 U.S. DOLLARS ($50.00), payable annually
in advance on the anniversary date of this Agreement.
Such annual fee shall be subject to periodic review and
adjustment by Licensor. Payment by Licensee of any annual
license fee shall not be held to create an irrevocable
license for any period beyond said one (1) year term.
This license shall remain in effect from year to year,
subject to the right of either party hereto to terminate
at the end of any one (1) year term by written notice
given to the other party at least thirty (30) days prior
to the end of such term.
[ ] (B) A five (5) year initial license fee of FIVE HUNDRED AND
FIFTY AND N0/100 U.S. DOLLARS ($550.00). In the event of
termination of this license prior to the expiration of
five (5) years, a prorated refund shall be paid to
Licensee, unless said termination is due to cause of or
default of Licensee - in which event, no refund is
payable. Any further term or renewal must be
renegotiated. License shall be revocable during term only
in event of breach or default by Licensee.
/[~""(C) A one-time license fee of ONE THOUSAND FIFTY AND N0/100
U.S. DOLLARS ($1,050.00). License shall be revocable only
in the event of Licensee's default. License shall also
end upon Licensee's cessation of use for the purpose(s)
above.
2.2 In any term, Licensee assumes sole responsibility for and, to the
extent permitted by State law, shall pay directly (or reimburse Licensor
for) any additional taxes and/or assessments levied against Licensor or
Licensor's property solely on account of Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
Licensee's particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
'. . , · .' , . ?-~ ,--~
CSXT Form 2037-G -Sheet 3
Revised March 1988
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken at time(s) satisfactory to Licensor and in a manner 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. In the
installation and/or maintenance of said Pipeline, 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.
3.4 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which plpellne and appurtenances are a part.
3.5 As additional consideration for the license or right herein
granted, Licensor shall have right, at any time in the future, to connect
its sanitary sewer (with meter) to said pipeline.
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 permits or licenses 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 the requirements of such public
authorities, and all applicable laws and regulations and future
modifications thereof.
4.2 Licensee assumes sole responsibility for failure to obtain such
permits or licenses, any violations thereof, or for costs or expenses of
compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance, whether or not
said repairs or maintenance result from acts of Licensee, or natural or
weather events.
5.2 In the event of Licensee's failure to repair or maintain, or in
the event such repairs or maintenance generate cost or expense to Licensor
(including train delays and/or inability to meet train schedules), Licensee
shall be solely responsible for such failure, costs and expense, and, to
the fullest extent permitted by State law, Licensee shall reimburse
Licensor such costs or expenses as additional rents hereunder.
CSXT Fox,. 2037-G -Sheet 4
Revised March 1988
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
6.3 Upon removal of Pipeline, Licensee shall leave Licensor's
property in a condition satisfactory to Licensor.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including changes in or additions to Licensor's track(s) or other
facilities) necessitate any change of location, height or depth of Pipeline
or Crossing, Licensee, at its sole cost and expense and within twenty (20)
days after notice in writing from Licensor, Shall make changes in Pipeline
or Crossing to accommodate Licensor's tracks or operations. Any
alternative costs or expenses incurred by Licensor to accommodate the
continued use of Licensor's property by Licensee shall also be paid by
Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocatlon or change be necessary to comply with the
minimum clearance requirements of this Agreement or any public authority.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or carrier pipe or change in
materials transmitted in and through said pipe), plans therefor shall be
submitted to Licensor for approval before any such change is made. After
approval the terms and conditions of this Agreement shall apply thereto.
CSXT Form 2037-G -Sheet 5
Revised March 1988
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the reasonable judgment of Licensor, causes: (a) interference
(physical, magnetic or otherwise) with Licensor's power lines,
communication, signal or other wires, train control system, or facilities;
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
make such changes in its Pipeline as may be required in the reasonable
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Liceusee's
Pipellne, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and to the fullest extent permitted by
State law (Sections , Florida Statutes)
shall at all times hereafter release, indemnify, defend 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 presence, existence,
operations or use of Pipeline or any structure in connection therewith, or
restoration of premises of Licensor to good order or condition after
removals EXCEPT when caused solely by the fault, failure or negligence of
Licensor. However, during any period of construction, repair,
maintenance, replacement or removal of the Pipeline, Licensee's liability
hereunder shall be absolute irrespective of any sole fault, failure or
negligence of Licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's Property which may result from fire or derailment resulting from
Licensor's rail operations. For this Section the term "~essee's Property"
shall include property of third parties situated or placed upon Licensor's
property by Licensee or by such third parties at request of or for benefit
of Licensee.
CSXT Form 2037-G -Sheet 6
Revised March 1988
10.3 Notwithstanding Section 10, 1, Licensee also expressly assumes
all risk of loss for Licensee's failure to maintain either the required
clearances for any overhead Pipellne or the required depth and encasement
for any underground Pipeline, whether or not such loss(es) result(s) in
whole or part from Licensor's contributory negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein~
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
11. INSURANCE:
11.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Licensee shall procure, or require any
contractor(s) to procure, and shall maintain during the continuance of this
Agreement, at Licensee's sole cost and expense, a policy of Public
Liability Insurance or Commercial Liability Insurance, naming Licensee as
insured and covering liability assumed by Licensee under this Agreement. A
coverage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined
Single Limit per occurrence for bodily injury liability and property damage
liability is recommended as a prudent limit to protect Licensee's assumed
obligations.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange or require its contractors to
arrange for adequate time for reporting losses. Failure to do so shall be
at Licensee's sole risk. If said 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 Licenseets contractor.
11.3 In addition, Licensee's Contractor will obtain, if not included
u~der such insurance, Railroad Protective Liability coverage, General
Liability and Automobile Liability.
11.4 Licensor may, at any time prior to commencement of construction
on the Project, request evidence of insurance purchased by Licensee or
Licensee's Contractor to comply with this requirement, and may demand that
Licensee or Licensee's Contractor purchase insurance deemed adequate by
Licensor, but not in excess of the insurance specified by this Agreement.
Failure of Licensee or Licensee's Contractor to comply with Licensor's
demand shall be considered a default by Licensee subject to Article 19.
Securing by Licensee of insurance hereunder shall not limit Licensee's
liability under this Agreement, but shall be additional security therefor.
CSXT Form 2037-G -Sheet
Revised March 1988
11.5 Notwithstanding the provisions of Sections 11.1 and 11.4,
Licensee may self-insure in any amount(s) any (all) liability arising under
this Agreement.
12. GRADE CROSSINGS:
12.1 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.
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, removal, alteration, change or removal
of said Pipeline, to place watchmen, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's railroad
operating rules and labor agreements, Licensee may provide flagmen,
watchman, inspectors or supervisors, during all times of construction, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchman,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages ("force account work") 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, force account insurance and vacation allowances for
Licensor's employees, and insurance and freight and handling charges on all
material used. Any equipment rentals shall be payable by Licensee in
accordance with Licensor's fixed applicable rate.
14.3 All undisputed bills or portions of bills not paid within said
thirty (30) days shall thereafter accrue interest at the highest rate
permissible by local law or twelve percent (12%) per annum, whichever is
lower. Unless Licensee shall have furnished detailed objections to such
bills within said thirty (30) days, bills shall be presumed undisputed.
~.~
CSXT FOILL, 2037-G -Sheet 8
Revised March 1988
15. TERMINATION, REMOVAL:
15.1 On or before termination of this Agreement, or within thirty
(30) days of cancellation or revocation, Licensee, at its sole risk and
expense, shall remove Pipeline from the property of Licensor, unless the
parties hereto agree otherwise, and shall restore property of Licensor in a
manner satisfactory to Licensor, and reimburse Licensor all loss, cost or
expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination, cancellation or revocation of this Agreement shall not affect
any claims and liabilities which may have arisen or accrued hereunder to or
for either party, and which at the time of termination, cancellation or
revocation have not been satisfied; neither party, however, waiving any
defenses.
16. NOTSCE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given to
Licensor's Division Engineer.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above; and all other notices to
Licensor at the address above, c/o CSXT Property Services J180; or at such
other address as either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon actual receipt or upon refusal of
delivery.
17. ASSIGNMENT:
17.1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Sections 2.1 and 17.1, this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their
respective successors or assigns.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
CSXT Form 2037-G -Sheet 9
Revised March 1988
19, DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and of
revoking the privileges and powers hereby conferred upon Licensee.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 Neither the form nor any language of this Agreement shall be
interpreted or construed in favor of or against either party hereto as the
sole drafter thereof.
23.2 This Agreement is executed by all parties under current
interpretation of any and all applicable federal, state, county, municipal
or other local statute, ordinance or law. However, each.and every separate
division (paragraph, clause, item, term, condition, covenant or agreement)
herein contained shall have independent and severable status from each
other, separate division, or combination thereof, for the determination of
~egality, so that if any separate division herein is determined to be
unconstitutional, illegal, violative of trade or commerce in contravention
of public reason, that separate division shall be treated as a nullity, but
CSXT Fozm 2037-G -Sheet 10
Revised March 1988
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[X] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] High tension wire limits
[ ] Telecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) the date and year
first above written.
Witness(as) for Licensor: CSX TRANSPORTATION, INC.
CSX Rail Transport
Witness(as) for Licensee: LICENSEE: CITY 0F SANFORD, FLORIDA
plan* for proposed installate. on shall be submitted =o and =~e= Ehe approval of the Rail-
Toot Cum~uy before construction is begun. ~aterial and installation ate to be
a~ot~iamce with specifications of the ~aaerican Bailway Engi~eT~ng ~soc~an~ 8~ ~qui~ncs
of ~ ~a~ard System hilroa~. ~igi~l a~ ~1~ (12) c~ies of ~ls fo~ shall
su~=:e~, acc~panied b7 ~lve (12) leCCersize pries of a draw~nS sh~ ply, elevation
let=ion of cross~ ~T~ f~el~ su~eT~ l~aCion ~n ~s~c= =o ~}e Post, w~dch of ~ilToea's
ri~= of vaT, l~aCion of adjacent structures affec=i~ cross~, and all iufo~=i~ ~quired
in Fi~s I and 2 of ~ S~c~fluclo~, hT= 5 - Pipeli~s. If open cuczi~
~s ~cessa~, ~ecails of shee~i~ and ~=h~ of supporOUS Crac~ or driv~n~
1. Comc= N~ o[ Appli~anC C~t~ 0[ Sa~foFd
2. Post office ~dress P.0. Box 1778, San~o~d, Ra. 32772-1778
3.. ?arc~rahlp N~ and ininlals all parcMrss w~n - given and su~s
~. I~ ~nco~ora:~, ,__ o~ s~ce ~n which incorporace~
5. ~=iou 1550 Ft. N.[. of Pont 0f Switch which ~' EO Ff N 0f R.R. ~]e Pe~t AU76g
6. ~a~sc ~I:oa~ Station Sa~foPd Coun:~ Seminole State F]a
7. ~ich~n !~its of public h~va7 n= N/A Fed-State-Count7 No. N/A
8. T~orar7 Crack support or =~prappln~ =equi~d ( ) Yes (X) No -
9. Wires, poles, ObeCTuczio=s Co be relocated ( ) Yes ( X ) No Describe
10 t~.~ucc to be c~cveT~d Kaw 3ewage F]~,,~*ble ( ) Yes (X) . r ~ Ambient
12. ~a:~oa o~ ahut-o~ va!ves 260' South of Eth St.
13. PX?E SPECL~ICATIONS: CAXR~'R ?IPE CASING
)(ateri. al PVC Steel
)~acarlal S~eci~icatlons and G=ade ~StM OZ241 SDR 21 ASTM A139, Type B
~:~Yi~l~ S:~th of ~:erlal 2SI N/A 35,000 PSI
~11 ~sC ~sau~ PSI N/A 820 PSI
Insi~ D~---teT 5.993"
~all ~ic~ss 0.316" O.?51"
T~ of ~
ri~ of Joints ~ubber Gasket Push On Welded
Tonal ~:h v~nhin ~ ~ 1O(]' R/)~ 60'
~: )r N/A Size H~:. able ~round
S~: ~ e~s Grouted ~ e~
B~Y: ~se of Tail to top of casin~ 5 ft. ~ in.
B~Y: ~adva7 d~Cches) N/A f=-
~IC ~ION: ( ) Yes (X) No
~CTlv= C~T~: ( ) Yes (X) No Kind
~, e~ze and spac~n~ of t~ulaCors or supports See attached detail
1~. ich~ of ~scallaclon 8ore & Jack
If appli~c~on ls a~pr~e~, a~pllcanc a~r~es no rei~urs8 nhe ~ilroa~ for au7 cos=
~ucurred by =he ~ilrN~ incident :o i~caliac~on, 'l~ncs~ance, and/or su~sion ~cess~=a
by :his pipe ll~ =nscallacion, and furc~r a~es co ass,!~ all l~ab~IIE7 for accidents or
~uJur~es which ar~se as a ~sul: of =his ~nscsilac~on. $h~ld ~en cuc insca!laci~ ~ requir~
a nou-~ndab le charge of $ will ~ requl~d ~o =esur~ace crack.
Fr~k A. Faison, City~ager
Property Services
500 Water Street ~'~
Jacksonville, Florida 32202-44~,j
(904) 359-1774
TRANT~OItTATION January 26, 1988
When corresponding, always
refer to: RE-82557-JW, RE-87312-JW,
RE-87313-JW, RE-87314-JW,
RE-87315-JW
Mr. Frank A. Faison
City Manager
City of Sanford
P. O. Box 1778
Sanford, Florida 32772-1778
Dear Mr. Faison:
For completion of your records, I am attaching five (5) fully executed
duplicate-originals of agreements between CSX Transportation, Inc. and the
City of Sanford, Florida covering installation and maintenance of reclaimed
water pipelines crossing under Railroad's right of way and trackage at
Sanford, Florida as listed below.
1. Agreement dated November 16, 1987, 2,580 feet southwardly of
Milepost A-767 (RE-82557)
2. Agreement dated November 17, 1987, 972 feet westwardly of
Milepost AU-770 (RE-87312)
3. Agreement dated November 18, 1987, 781 feet eastwardly of
Milepost AU-767 (RE-87313)
4.Agreement dated November 19, 1987, 73 feet southwardly of
Milepost AU-769 (RE-87314)
5. Agreement dated November 20, 1987, 1,291 feet northwardly of
Milepost AU-772 (RE-87315)
The agreement dated November 16, 1987, stipulates no work is to be
undertaken on Railroad property until the City of Sanford receives written
approval from Lightnet and U.S. Sprint enabling them to protect their
installation on Railroad property.
I call your attention to Item 10 on the attached Forms which state that
you must notify the Division Engineer's office at least five (5) days prior to
the date and time you desire to perform any work on Railroad property.
CSX Distribution Services, CSX Equipment, CSX Rail Transport and American Commercial Lines
are business units of the CSX Transportation Group.
Mr. Fr~k A. Faison - 2 - January 26, 1988
Further correspondence pertaining to these agreements should be addressed
to:
Mr. C. M. Kiefer, Jr., Division Manager
CSX Transportation, Inc.
5656 Adamo Drive
Tampa, FL 33619-3240
referring to his File 13-15851, 13-15852, 13-15853, 13-15854, 13-15855.
Very truly yours,
T. D. Phillips
Director-Contracts
Property Services
Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. ~ Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish 'copy of such
authority. )
4. ~ The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ~ NAME(S) and TiTLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
6. ~' In returning the Agreem t, please furnish fee(s) set out in
Article(s) ~. / _ ~D~,~. D O.
7. r Check andSyour payment preference in Article ~. ~
8. Initial and date each rider attached to the document following
the execution sheet.
9. )~ Furnish Certificate of Insurance as evidenced by Article
10. ~' Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on
Railroad property.
11. If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show
below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Zip Code
CSXi Form 2037-Sheet 1
Rev. October 1987
RE-87315
JW87322G.401
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 20th day of November, 1987, 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 under the
laws of the State of Florida, whose mailing address is Post Office Box
1778, Sanford, Florida 32772-1778, hereinafter called "Licensee",
WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of reclaimed water only, hereinafter
called "Pipeline" under or across the track(s) and property owned or
controlled by Licensor at or near SANFORD, County of SEMINOLE, State of
FLORIDA, at a point 1291 feet northwardly measured along the center line of
Licensor's main track(s) from Licensor's Milepost AU-772 (Station No. --),
hereinafter called the "Crossins"; as shown in green on print of Licensee's
Drawing attached hereto and made a part hereof; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application
Form, dated September 15, 1987, 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 Licensor, insofar as it has the legal right, power and authority
to do so, 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 Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
~-~
CSX, Form 2037-Sheet 2
Rev. October 1987
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of THEE HUNDRED U.S. DOLLARS ($300.00) toward the cost of preparing
and processing this Agreement.
2.2 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of ONE ]{UNDRED U.S. DOLLARS
($100.00), payable annually in advance. Such fee shall be
subject to periodic review and adjustment by Licensor.
Payment by Licensee of any annual license fee shall not be
held to create an irrevocable license for any period
beyond said one (1) year term. This license shall remain
in effect from year to year, subject to the right of
either party hereto to terminate at the end of any one (1)
year term by written notice given to the other party at
least thirty (30) days prior to the end of such term.
[ ] (B) A five (5) year initial license fee of ONE }IUNDRED U.S.
DOLLARS ($100.00). In the event of termination of this
license prior to the expiration of five (5) years, a
prorated refund shall be paid to Licensees unless said
termination is due to cause of or default of Licensee - in
which event, no refund is payable. Any further term or
renewal must be renegotiated. Licensee shall be revocable
during term only in event of breach or default by
Licensee.
[~""(C) A one-time license fee of ONE HUNDRED U.S. DOLLARS
~(;~gr' ($100.00). License shall be revocable only in the event
of Licensee's default. License shall end upon Licensee's
cessation of use for the purpose(s) above.
2.3 In any term, Licensee shall indemnify Licensor against and shall
pay directly or reimburse Licensor for any additional taxes and/or
assessments levied against Licensor or Licensor's property on account of
Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repairs renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike maaner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
L' '
lcensee s particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
CSX~ Form 2037-Sheet 3
Rev. October 1987
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken so as to eliminate or minimize any impact on Licensor's track(s)
and appurtenances thereto.
3.4 In the installation and/or maintenance of said pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
3.5 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipellne and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which pipeline and appurtenances are a part.
3.6 As additional consideration for the license or right herein
granted, Licensor shall have right, at any time in the future, to connect
its water supply (with appropriate metering) to said pipeline.
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 permits or licenses from any federal,
state or local public authorities having jurisdiction over the Crossing or
its intended use, and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications hereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance.
5.2 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Licensee, natural or weather events or
otherwise.
~
CSX~ Form 2037-Sheet 4
Rev. October 1987
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including any relocation of changes in or additions to Licensor's track(s)
or other facilities) necessitate any change of location, height or depth of
Pipeline or Crossing, Licensee, at its sole cost and expense and within
twenty (20) days after notice in writing from Licensor, shall make changes
in Pipeline or Crossing to accon~nodate Licensor's tracks or operations.
Any additional costs or expenses incurred by Licensor to accommodate the
use of Licensor's property by Licensee shall also be paid by Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or change in materials
transmitted in and through said pipe), plans therefor shall be submitted to
Licensor for approval before any such change is made. After approval the
terms and conditions of this Agreement shall apply thereto.
CSX~ Form 2037-Sheet 5
Rev. October 1987
9, INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the Judgment of Licensor, causes: (a) interference with
Licensor's communication, signal or other wires, train control system, or
facilities; or (b) interference in any manner with the operation,
maintenance or use by Licensor of its right-of-way, track(s), structures,
pole lines, 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 make such changes in its Pipeline as may be required in the
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Ltcensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend 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 presence, existence, operations or use of
Pipeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when
caused solely by the fault, failure or negligence of Licensor. Nowever,
during any period of actual construction, repair, maintenance, replacement
or removal of the Pipeline when equipment, agents or personnel of Licensee
are on the railroad right-of-way, Licensee's liability hereunder shall be
absolute, irrespective of any sole fault or negligence of licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's property which may result from fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
save harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensor's property by Licensee or by such third parties, resulting
from fire or derailment.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licensee's failure to
~'~
CSXi Form 2037-Sheet 6
Rev. October 1987
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipeline, whether or not
such loss(es) result(s) in whole or part from Licensor's contributory
negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licename assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licename hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
11. INSURANCE:
11.1 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 Public Liability Insurance or Commercial Liability
Insurance, naming Licename as insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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 Licename.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange for adequate time for reporting
losses. Failure to do so shall be at Licensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licensee to comply with this requirement, and may demand that Licename
purchase insurance deemed adequate by Licensor. Failure of Licename to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licensee of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
~"~
CSXi Form 2037-Sheet 7
Rev. October 1987
12. GRADE CROSSINGS:
12.1 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.
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration, change or removal
of said Pipeline, to place watchman, flaamen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, hut Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's railroad
operating rules and labor agreements, Licensee may provide flagmen,
watchman, inspectors or supervisors, during all times of construction, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not he liable for the failure or neglect of such watchman,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
1~.1 Licensor's expense for wages and materials for any work
performed at the expense of Licensee pursuant hereto shall be paid hy
Licensee within thirty (30) days after receipt of Licensor's bill therefor.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, insurance and vacation allowances for Licensor's
employees, and insurance and freight and handling charges on all material
used. Any equipment rentals shall be payable by Licensee in accordance
with Licensor's fixed applicable rate.
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the highest rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
15. TERMINATaON, REMOVAL:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Licensor, and reimburse Licensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination or revocation of this Agreement shall not affect any claims and
CSX~ Form 2037-Sheet 8
Rev. October 1987
liabilities which may have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied.
16. NOT|CE:
16.1 Ltcensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the
address above, c/o CSXT Property Services J180; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
17. ASSIGNMENT:
17.1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time within six (6) months after such sale, transfer, etc., by
giving Licensee or any such assignee written notice of such termination,
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be resumed to such assignment, etc., if no such
termination notice is given.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
CSX~ Form 2037-Sheet 9
Ray. October 1987
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fall or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Licensee.
20. BREACH, WABVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 Neither this Agreements any provision hereof, nor any agreement
or provision included harbin by reference, shall operate or be construed as
being for the benefit of any third person.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
state, county, municipal or other local statute, ordinance or law.
Further, it is understood and agreed that each and every separate division
(paragraph, clause, items term, condition, covenant or agreement) herein
contained shall have independent and severable status from each other,
separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violaLive of trade or commerce in contravention
CSX. Form 2037-Sheet 10
Rev. October 1987
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[X] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] Pipe pressure limits
[ ] Talecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS W}[EREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(as) for Licensor: GSXTRANSPORTATION, INC.
Title:
Witness(as) for Licensee: LICENSEE: CITY OF SANFORD, FLORIDA
" ,. Wylly Avenue ~'~ /'~
· .. 7455SBD
APPLICA~iON .~r~ ?!2E LIN~ ~OSS~/F~ u~/0~ ~O~2S .~
Pla~ for ~To~ceed ~=~lla:~ shall ~ s~::la :o ~ ~et t~-.a~r~l! of ~e ~ll-
ro~ C~y ~fore c~:~c=~ ~ ~gun, ~:er!a! ~ {-,~lht~on are :o ~ in strict
s:o~ance wish s~ec151ca=1~ of ~ Ir~can ~ilvay =:g~ertng Ass~la:!~
of ~ ~a~ard Sys:em h11r:~, ~tgtul and ~I~ (12) c~ies of ~ts
s~::ed, acc~anled by ~!~ (~) lee:ers2e pr~:s of a drawing sh~
sec:1on of crosst~ fr~ fleld ~y, l~aeton I: ~s~c: :o ~le Post, w1~ of
r1~: of way, l~a:Ic= o~ adjacen= sEine:urea ~ec:!~ c=ossi~, and all ~:~:~=i~ ~qulred
:in Fi~s 1 and 2 of ~ S~c~f~=~o~, Par: 5 - ?~l~s. If o~n c~::i~
~s ~cesea~, aleearls of e~e=i~ a~ ~=h~ o~ su~o==~g =r~ or dr!v~r~
1, Comc= N-~ c[ ~p~Leen C~ty 0~ San~or~
2, Posn O~flee ~:ess P. 0. Box 8//8 ba~Tofc, ~=
3, Par:~rshi~ N~ an~ ~n~eSals all par~:3, w~n - gi~n and sum-~s ~ore
a~ p~seu: N/A
~, If lnco~ora~, --- of s~:e in ~ich i:c:rpcra:ed N/A
5, ~:~on ] ?gl fee: North (D~rec=io=) fr~ ~a=esC ~ ~le PQsz,sU-772 VS
6. ~a~s= hilr~ S:a=~u= Sanford Ce~,~eminole S:azE ~]or~
8, Te~o=ar7 :rack su~o:= ~: =1p=a~pi:6 re~u:~ ( ) Yes (X) No -
9. Wires, poles, o~s=~e=la co ~ relocane~ ( ) ~es (X) No
10 ~uc: =o h c~e~ ~ec]a~med Water F]~-=ie ( ) Yes (X) No. Te~raT~b~e~t
11. ~x. ~orki~ p~mmu~ ~ PSI, Fiel~ :es: ~res~ ]50 ~$Z. ~ ~vdro~ta'
12, ~a:ion of shuc-o~f val~s ~ Plan ~ftac~:d West Shut0ff
East Shutoff app0ximate]y 125' East 0f Railroad
13. PIPE S~EC~ICATI~S: ~R~ ~I~
~:er~l Cle~s 50 DIP
~rlal S~clf~::~:~ c~ Gra~ IWWI rl~l ~q~ 3 130. Typ~ I
~11 ~sc ~ssu~ PS% ~1~
Inst~ Dt~:e= 14. ~a'
_ ~11 ~tc~ss .33" .~07'
Ty~ of ~ N/:
~y!~ ~:hs ~n ' 50' M~ n~mum
Total ~ch vl~l: ~ E,P~ 50 L.F. 50 L.F.
~: ~= N/A Size ~:, able gro:~
S~: ~ e~a G~uted o~ e:~
B~Y: ~se of call :o =~ of casln~ ~ f:, 6 ~n.
3~Y: ~8dway ~::hes) q f:, 0. in.
~IC ~%ON: ( ) Yes ( X ) No
~CT~ C~T~: ( ) Yes ( X ) No
~ slz~ an~ spaci~ o~ !~ula:ors oT su?Fcr:s 1=' 8andi~ Iro~ with T~essu~e treated
14. ~th~ of ~s:alla:~e: :~.n ~nd ,lack wo~d ckid~.
If appli~:ion is ap~=~ei, spplican: a~r~e~ :~ r~i~urse :he ~ilroa~
tucu=rea by the ~llr~d Izc!~e~: to tnstalla~tc~, :1=:en~ce, and/or su~;is!~ ~cessttate~
by this pipe li~ ins:a!la:Ic:~ and ruTthe= a~es :0 ass~ sll liab$11ty
$nJur~es vhich atlas as a ~sul: of this insts!ia:!on. ~ld ~en cut i:sta~ia:i~
a ~n-~ndable chafes of $ ~ill ~ ~qui~d to resurface cTac~.
~'~ ~'~ Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. ~ Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. ~( The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ~(NAME(S) and TITLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
6. ~ In returning -the Agreement, please furnish fee(s) set out in
Article(s) c~./ -
7. ~( Check andSour payment preference in Article
8. Initial and date each rider attached to the document following
the execution sheet.
9. X Furnish Certificate of Insurance as evidenced by Article //
10. ,~ Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on
Railroad property.
11. If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show
below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Zip Code
~ ~-~ ~-~
CSX~ Form 2037-Sheet 1
Rev. October 1987
RE-87314
3W87322G.301
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 19th day of November, 1987, 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 under the
laws of the State of Florida, whose mailing address is Post Office Box
1778, Sanford, Florida 32772-1778, hereinafter called "Licensee",
WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of reclaimed water only, hereinafter
called "Pipeline" under or across the track(s) and property owned or
controlled by Licensor at or near SANFORD, County of SEMINOLE, State of
FLORIDA, at a point 73 feet southwardly measured along the center line of
Licensor's main track(s) from Licensor's Milepost AU-769 (Station No. --),
hereinafter called the "CrossinR"; as shown in green on print of Licensee's
Drawing attached hereto and made a part hereof; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application
Form, dated September 15, 1987, 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 Licensor, insofar as it has the legal right, power and authority
to do so, 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 Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
~--~.
CSX~ ~.'orm 2037-Sheet 2
Rev. October 1987
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of THREE HUNDRED U.S. DOLLARS ($300.00) toward the cost of preparing
and processing this Agreement.
2.2 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of ONE HUNDRED U.S. DOLLARS
($100.00), payable annually in advance. Such fee shall be
subject to periodic review and adjustment by Licensor.
Payment by Licensee of any annual license fee shall not be
held to create an irrevocable license for any period
beyond said one (1) year term. This license shall remain
in effect from year to year, subject to the right of
either party hereto to terminate at the end of any one (1)
year term by written notice given to the other party at
least thirty (30) days prior to the end of such term.
[ ] (B) A five (5) year initial license fee of ONE HUNDRED U.S.
DOLLARS ($100.00). In the event of termination of this
license prior to the expiration of five (5) years, a
prorated refund shall be paid to Ltcensee, unless said
termination is due to cause of or default of Licensee - in
which event, no refund is payable. Any further term or
renewal must be renegotiated. Licensee shall be revocable
during term only in event of breach or default by
Licensee.
[~""(C) A one-time license fee of ONE HUNDRED U.S. DOLLARS
($100.00). License shall be revocable only in the event
~ of Licensee's default. License shall end upon Licensee's
cessation of use for the purpose(s) above.
2.3 In any term, Licensee shall indemnify Licensor against and shall
pay directly or reimburse Licensor for any additional taxes and/or
assessments levied against Licensor or Licensor's property on account of
Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
Licensee's particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
~"~
CSX~ Form 2037-Sheet 3
Rev. October 1987
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken so as to eliminate or minimize any impact on Licensor's track(s)
and appurtenances thereto.
3.4 In the installation and/or maintenance of said pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
3.5 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which pipeline and appurtenances are a part.
3.6 As additional consideration for the license or right herein
granted, Licensor shall have right, at any time in the future, to connect
its water supply (with appropriate metering) to said pipeline.
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 permits or licenses from any federal,
state or local public authorities having jurisdiction over the Crossing or
its intended use, and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications hereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance.
5.2 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Licensee, natural or weather events or
otherwise.
~w~
CS]Ci ~.'orm 2037-Sheet 4
Rev. October 1987
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor~ in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Ltcensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including any relocation of changes in or additions to Licensor's track(s)
or other facilities) necessitate any change of location, height or depth of
Pipeline or Crossing, Licensee, at its sole cost and expense and within
twenty (20) days after notice in writing from Licensor, shall make changes
in Pipeline or Crossing to accommodate Licensor's tracks or operations.
Any additional costs or expenses incurred by Licensor to accommodate the
use of Licensor's property by Licensee shall also be paid by Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or change in materials
transmitted in and through said pipe), plans therefor shall be submitted to
Licensor for approval before any such change is made. After approval the
terms and conditions of this Agreement shall apply thereto.
~-~
GSX"I form 2037-Sheet 5
Rev. October 1987
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the judgment of Licensor, causes: '(a) interference with
Licensor's communication, signal or other wires, train control system, or
facilities; or (b) interference in any manner with the operation,
maintenance or use by Licensor of its right-of-way, track(s), structures,
pole lines, 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 make such changes in its Pipeline as may be required in the
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Ltcensee hereby agrees to make
promptly, at Ltcensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend 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 presence, existence, operations or use of
Pipeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when
caused solely by the fault, failure or negligence of Licensor. However,
during any period of actual construction, repair, maintenance, replacement
or removal of the Pipeline when equipment, agents or personnel of Licensee
are on the railroad right-of-way, Licensee's liability hereunder shall be
absolute, irrespective of any sole fault or negligence of licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's property which may result from fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
save harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensor's property by Licensee or by such third parties, resulting
from fire or derailment.
10,3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licensee's failure to
~'~,
CSX~ Form 2037-Sheet 6
Rev. October 1987
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipeline, whether or not
such loss(es) result(s) in whole or part from Licensor's contributory
negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licensee hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
11. INSURANCE:
11.1 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 Public Liability Insurance or Commercial Liability
Insurance, naming Licensee as insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange for adequate time for reporting
losses. Failure to do so shall be at Ltcensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licensee to comply with this requirement, and may demand that Licensee
purchase insurance deemed adequate by Licensor. Failure of Licensee to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licensee of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
CSX~ Form 2037-Sheet 7
Rev. October 1987
12. GRADE CROSSINGS:
12.1 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.
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration, change or removal
of said Pipellne, to place watchman, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's railroad
operating rules and labor agreements, Licensee may provide flagmen,
watchman, inspectors or supervisors, during all times of construction, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchman,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, insurance and vacation allowances for Licensor's
employees, and insurance and freight and handling charges on all material
used. Any equipment rentals shall be payable by Licensee in accordance
with Licensor's fixed applicable rate.
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the highest rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
15. TERM|NATION, RE~K)VAL:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Licensor, and reimburse Ltcensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination or revocation of this Agreement shall not affect any claims and
CSIfl Form 2037-Sheet 8
Rev. October 1987
liabilities which may have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied.
16. NOTICE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the
address above, c/o CSXT Property Services J180; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
17. ASSIGNMENT:
17.1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time within six (6) months after such sale, transfer, etc., by
giving Licensee or any such assignee written notice of such termination,
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be resumed to such assignment, etc., if no such
termination notice is given.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
~
CSX'~ Form 2037-Sheet 9
Rev. October 1987
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this ASreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Licensee.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 Neither the failure of Licensor to object to any work done,
material used, or method of construction or maintenance of said erossinE,
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.
22. ENTIRETY~ EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
state, county, municipal or other local statute, ordinance or law.
Further, it is understood and agreed that each and every separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein
contained shall have independent and severable status from each others
separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violatire of trade or commerce in contravention
CSWI ~orm 2037-Sheet 10
Rev. October 1987
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
IX] None
[ ] Open-cut or tthnneling construction limits
[ ] Flammable or combustible product limits
[ ] Pipe pressure limits
[ ] Talecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(as) for Licensor: CSX TRANSPORTATION, INC.
%
Witness(as) for Licensee: LICENSEE: CITY OF SANFORD, FLORIDA
Ti~
, .~ * 10th Street /'~ ~
745~ S B D
Plsns for ~r:;osed its=dilation shall be $ubmi:-,ed to an~ ~ee: the..s.:.~rovml of ~he
roe~ Company before '.ons:_--uc=to~ is ~n. ~a:~r~a! and ~scalhtlon a~ :o ~ in
ICCO~anCE w~th $pe~Ifi~c~ of the ~rlca= ~ilvay E~i~eT~g ~s~lati~ I~
of ~ ~e~rd S~s:em ~ilro~. ~I;i~1 s~ ~1~ (12) c~ies of ~i$ fore shall ~
subliter, acc~?anie~ ~ Nlve (12) letters=e pr~ts of a ~r~n; shw~ p~,
section of c=ossi~ ~=~ fiel~ ~ey, l~ati;= in ~s~c= to ~lle Post, ~th of
ri~t of way, l~ati~= o~ adjaceuc stmc=es ~ec:i~ ~oss~, a~ all !nfo~ti~
lu Fi~s 1 and 2 ~5 ~ S~cifi~:i~, FaT: 5 - Pi~eli~s. If o~n ~tti~ or
$h~.
1. Co~c: N*~ o~ ~pllcan: City of Sanford
2. Poe: office ~=ess P. 0.8ox ~x/8 San~oru, ~L
3. Part~Tsh~ - N~ and initials all par~Ts, ~n - gi~n a~ su~-~s ~ore
~. 1~ inco~ora~, ~ o~ s~te in ~ich ~:~porated N/~
5, ~tio: 73 fee: ~'otJ~ ~rec:i::) fT~ ~ares: ~ Mile P:s: AU-769
~. ~a~s: ~ilr~= Sta~on ~anford Co~t~in01e State F]or~
7. ~i:hi: %~i:s ~[ ~llc hi~wa7 ~=~ 10t~ Street Fe~-Sta:e-C~n:7 No~itv Of San/
8. Te~orar7 :Tack sup~o=: or r~pra~pi:~ re~:=~d ( ) Yes (X) No -
9. Wires, poles, ~:stT~:io~ to ~ reloca:e~ ( ) Yes (X) No -
10 ~: to ~ c~ Reclaimed WatefFi~-ble ( ) Yes (X) No.
11. ~z. '~crkl~ ~$su~ 1~0 PSI. Fiei~ test ~rtssu~ ]50 ~Sl. ~ ~vd~c~ta
12. ~atlon of s~u:-~f~ va!~s ~ t4 C~e~ o[ Oak Avenue and 9th St~ee~
N. [. Corner o[ 0]~ve and 10th Street
13. P!~E ~EC~ICATi~S: ~ ~I~E ~SI~
~:e=~I Clas~ 50 D!9
~=la! S~ci~::i~ ~ Grade aWWA C1 gl ~STM A 13Q.
Mi:~ Yisld ~=~ of ~ter~l ~SI ~/~ ~= nnO oqT
~1I ~st ~ssu~ ~S: N/A N/~
_ ~all ~Ic~ss ~]" .375"
~ts =~e D~:e: 13.2' ~. 75"
Ty~ of ~ N/~
hy!~ ~:~s ~O ' 50 ' Minimum
Ki~ o~ Joi:ts ~uhh~- Ga~:~ Push On
to:a! ~ v:~i= ~ ~ 50' 50'
B~Y: ~se of tail C2 top of ~asl:~ o ft. 6
B~Y: ~ot ~a~ tTac~) O ft. 0 in.
B~Y: ~eav$7 ~tches) o ft. O in.
~IC ~ION: ( ) Yes ( X ) No
m~ iv= C~T~: ( ) Yes ( X > No Kind
~, size an~ s~aci~ o~ i~ula:oTs o= $u~orzs ]" ~a~d~nc [~on w~z~ o~essu~e
1~. ~th~ of ~stallzti== ~n~ ~ .7~c~ wood
If ap~!i~t~oz Is a~=~ed, s~pI!can: a~T~ez to rei~urse the ~il=oa~ for an7 cost
incurred by the ~i!:~a incident to i~Ca!la~:~, =Intendnee, and/or su~islon
by this p~pe li~ izs~lla:ion, and ~ur=~= agnes to sss~ all liabili:7 for accidents
iuJu=ies ~!;h arise as a ~sult of this ~ns:aiiatio~. ~ld ~en cut izsna!la:i~ ~ Te~uir
a non-~=aable cha~e oE $ w~ll ~ ~ui~d to resu=~ace trac~.
"t0th Street
" 745~'SBD
AFP. v_ICAT;ZN ~ PIPE ~ CaOSSI.~i:.'.:.GALLZ;,IS~ UNDER/OVER ~C~2S
PlaM for ~::~ose~ '---~llation s~11 ~ s~I::ea to ~a ~et :~. a~r~aI of ~e
Toad C~p~y ~fore =~=~cti~ ~s ~Sun. bestial a~ installation
ecco~a~ce with ~e:=fi~=~ of the ~riu~ ~ilway En~i~eTln~ ~s~=aci~
of ~ ~e~a~ S~s:sm h~lroad. ~igiM1 a~ ~1~ (12) c~ies of
su~itted, acc~le~ ~ ~lve (12) letterate price of a dravfn~ sh~ pl~, elevation
section of cross~ ~T~ f~el~ ~ey~ l~aci:= ~n ~s~c= =o ~le ?os:,
rl~t of way, l~a:=:= of ~3acenc structures ~ecti~ cTossi~, a~ all ~o~ct~ ~qulred
iu Fi~s I and 2 o~ ~ S~cifi~:i~, Par: 5 - Pi~li~s. Zf o~ c~::i~ or ~elln~
Is Mcessa~ decai~ ~f s~e:i~ and ~:h~ ~ m~o=:~ Crac~ or
1. ComcC N~ ~ ~!~c~= C~ty of Sanford
2. Poe= Office ~=Ess P. O. Box 1778 :5nToru, ~t ~//~-t11~
3. Par=~TshIp - N- ~d inlE~als all ~a=~=s~ w~n - S!ven a~
NA
5. ~::~o: ~ ~e~ Sou ...... C S:a:~ FlorT
7. ~t:hln I~I:~ :f ~l=~ h~wa7 n,~ !0t~ Street Fe~-S:a:~-C~=~ No&itV Of Sanf
8. Taro=a:7 :rack a=~o~ or r~p~app~ng :~:=~ ( ) Yes (X) Ne
9. ~Ires, poles, ::s=~cclou to ~ reloca:e~ ( ) ~es (X) No
10 h~uct to ~ c~ Reclaimed Wate~i~,~ie ( ) Yes (X)
11. ~z. ~orki~ ~s~ }00 PSI. ~i=i~ test pressu~ ]50 ~i.
12. ~ation of shu:-o~ va!~s ~ ~. Ce~-P~ o~ Oak Avenue and 9th Street
N. E. C0fne~ o~ O] 1we and lOth Street
13. P!~E S?ECLvICATI~S: ~ P!~ ~SI~ P!~E
~ce=~l C]a~ 50 DIP ~tee~
~rial S~c~:i~j and Grade ~A Cl~l :~TM A l~q. TyO~
~i:~ Yi~i~ S:~ of ~nerial Pal NI~ ~= n~ OqT
~11 ~su ~ssu~ PSI NIA N/~
Insi~ D~--:er t2 58"
_ Wall ~ic~ss ~l" .375"
~:si~e D~ ,~ car 13.2" 22. Y5"
TF~ of ~m N/A N/~
~71~ ~:ha ~Q' 50' Minimum
Ki~ of Joic:s ~uhh~r G~f O~,c- Cr ~.4~ld~d
To:el ~:h w~ ~ aB 50' 50'
~: ~--~r ~'~,/A Size Hgc. ab~
B~Y: ~se of Tall :o :opcf casing o f:. 8 in.
B~Y: ~aaway ~Icches) ~ f:. 0 In.
~IC ~Z~: ( ) Yea ( X )
~CTAv: C~T~: ( ) Yes ( X ) No Kind
~, size a:~ spaci~ of i~ulacoTs or su;pcr:s ~" Bandinn Iron w~h pressure treated
1~. ~ch~ of ~s:alla:Ic: ~n~ ~nd ,7~r~ wond skids.
If appli~=ion is ap;T~ea, applicant a~r~ez :o rei~urse :he ~i!roa~ for any cos:
incurred by :he ~i!r~ i=ciden: ~o ins:a!la::c:. :incenance, end/e: su~isi~ ~cessicace
by :his pipe lix i:s~lla:ion, and fur:~r a~:es ~o aas,~ all lia5i!I:7 ~or accideucs or
injuries which arise as a ~sul: of :his ins:ella:ion. Sh~ld ~en cu: i:s:a!!a:l~ ~ requi:
a non-~ndable :ha~e o~ $ will ~ ~ui~d :o resurface
Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. X Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agl~eement exactly as the .name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. ~ The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ~ NAME(S) and TITLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
6. ~f In returning the Agreement, please furnish fee(s) set out in
Article(s) ~2. / - "~TD~'.~o .
7. ~ Check andour payment preference in Article~7..~ .
8. Initial and date each rider attached to the document following
the execution sheet.
9. ~( Furnish Certificate of Insurance as evidenced by Article //
10. ;( Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on '-
Railroad property.
11. If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Zip Code
CSX'j. Form 2037-Sheet 1
Rev. October 1987
RE-87313
3W87322G.201
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the lath day of November, 1987, by and
between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing
address is 500 Water Street, Jacksonville, Florida 32202, hereinafter
called "Licensor" and CITY OFSANFORD, a municipal corporation under the
laws of the State of Florida, whose mailing address is Post Office Box
1778, Sanford, Florida 32772-1778, hereinafter called "Licename",
WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of reclaimed water only, hereinafter
called "Pipeline" under or across the track(s) and property owned or
controlled by Licensor at or near SANFORD, County of SEMINOLE, State of
FLORIDA, at a point 781 feet eastwardly measured along the center line of
Licensor's main track(s) from Licensor's Milepost AU-767 (Station No. --),
hereinafter called the "CrossinR"; as shown in green on print of Licensee's
Drawing attached hereto and made a part hereof; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application
Form, dated September 15, 1987, 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 Licensor, insofar as it has the legal right, power and authority
to do so, 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 Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipellne, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CSX'~ Form 2037-Sheet 2
Rev. October 1987
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of THREE HUNDRED U.S. DOLLARS ($300.00) toward the cost of preparing
and processing this Agreement.
2.2 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of ONE HUNDRED U.S. DOLLARS
($100.00), payable annually in advance. Such fee shall be
subject to periodic review and adjustment by Licensor.
Payment by Licensee of any annual license fee shall not be
held to create an irrevocable license for any period
beyond said one (1) year term. This license shall remain
in effect from year to year, subject to the right of
either party hereto to terminate at the end of any one (1)
year term by written notice given to the other party at
least thirty (30) days prior to the end of such term.
[ ] (B) A five (5) year initial license fee of ONE HUNDRED U.8.
DOLLARS ($100.00). In the event of termination of this
license prior to the expiration of five (5) years, a
prorated refund shall be paid to Licensee, unless said
termination is due to cause of or default of Licensee - in
which event, no refund is payable. Any further term or
renewal must be renegotiated. Licensee shall be revocable
during term only in event of breach or default by
Licensee.
[~"'(C) A one-time license fee of ONE HUNDRED U.S. DOLLARS
~L~V ($100.00). License shall be revocable only in the event
of Licensee's default. License shall end upon Licensee's
cessation of use for the purpose(s) above.
2.3 In any term, Licensee shall indemnify Licensor against and shall
pay directly or reimburse Licensor for any additional taxes and/or
assessments levied against Licensor or Licensor's property on account of
Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
Licensee's particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
CSX~ Form 2037-Sheet 3
Rev. October 1987
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken so as to eliminate or minimize any impact on Licensor's track(s)
and appurtenances thereto.
3.4 In the installation and/or maintenance of said pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
3.5 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which pipeline and appurtenances are a part.
3.6 As additional consideration for the license or right herein
granted, Licensor shall have right, at any time in the future, to connect
its water supply (with appropriate metering) to said pipeline.
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 permits or licenses from any federal,
state or local public authorities having jurisdiction over the Crossing or
its intended use, and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications hereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance.
5.2 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Licensee, natural or weather events or
otherwise.
CSX~ Form 2037-Sheet 4
Rev. October 1987
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including any relocation of changes in or additions to Licensor's track(s)
or other facilities) necessitate any change of location, height or depth of
Pipeline or Crossing, Licensee, at its sole cost and expense and within
twenty (20) days after notice in writing from Licensor, shall make changes
in Pipeline or Crossing to accommodate Licensor's tracks or operations.
Any additional costs or expenses incurred by Licensor to accommodate the
use of Licensor's property by Licensee shall also be paid by Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or change in materials
transmitted in and through said pipe), plans therefor shall be submitted to
Licensor for approval before any such change is made. After approval the
terms and conditions of this Agreement shall apply thereto.
CSX~ Form 2037-Sheet 5
Rev. October 1987
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the judgment of Licensor, causes: (a) interference with
Licensor's communication, signal or other wires, train control system, or
facilities; or (b) interference in any manner with the operation,
maintenance or use by Licensor of its right-of-way, track(s), structures,
pole lines, 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 make such changes in its Pipeline as may be required in the
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense,
10. LIABILITY, INDEMNITY:
With respect to the liahilltles of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend 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 presence, existence, operations or use of
Pipeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when
caused solely by the fault, failure or negligence of Licensor. However,
during any period of actual construction, repair, maintenance, replacement
or removal of the Pipeline when equipment, agents or personnel of Licensee
are on the railroad right-of-way, Licensee's liability hereunder shall be
absolute, irrespective of any sole fault or negligence of licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's property which may result from fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
save harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensor's property by Licensee or by such third parties, resulting
from fire or derailment.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licensee's failure to
CSXI Form 2037-Sheet 6
Rev. October 1987
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipeline, whether or not
such loss(es) result(s) in whole or part from Licensor's contributory
negligence or Joint fault.
10.4 Notwithstanding Section 10.1 or any other provision hereln,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licensee hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
11. INSURANCE:
11.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Ltcensee shall procure and shall
maintain during the continuance of this Agreement, at its sole cost and
expense, a policy of Public Liability Insurance or Gommercial Liability
Insurance, naming Licensee as insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange for adequate time for reporting
losses. Failure to do so shall be at Licensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licensee to comply with this requirement, and may demand that Licensee
purchase insurance deemed adequate by Licensor. Failure of Licensee to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licensee of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
CSX'i Form 2037-Sheet 7
Rev. October 1987
12. GRADE CROSSINGS:
12.1 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.
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration, change or removal
of said Pipeline, to place watchmen, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 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, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchmen,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, insurance and vacation allowances for Licensor's
employees, and insurance and freight and handling charges on all material
used. Any equipment rentals shall be payable by Licensee in accordance
with Licensor's fixed applicable rate.
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the highest rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
15. TERMINATION, REMOVAL:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Licensor, and reimburse Licensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination or revocation of this Agreement shall not affect any claims and
CSXi Form 2037-Sheet 8
Rev. October 1987
liabilities which may have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied.
16. NOTICE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the
address above, c/o CSXT Property Services J180; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated hereln~ all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
17. ASSIGNMENT:
17.1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time within six (6) months after such sale, transfer, etc., by
giving Licensee or any such assignee written notice of such termination,
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be resumed to such assignment, etc., if no such
termination notice is given.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
~-~
CSX~ Form 2037-Sheet 9
Rev. October 1987
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Licensee.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
state, county, municipal or other local statute, ordinance or law.
Further, it is understood and agreed that each and every separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein
contained shall have independent and severable status from each other,
separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violarive of trade or commerce in contravention
CSX~ Form 2037-Sheet 10
Rev. October 1987
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[X] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] Pipe pressure limits
[ ] Talecommunication Gable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(as) for Licensor: CSX TRANSPORTATION, INC.
Title: ~~
CSX Rail Transport
Witness(as) for Licensee: LICENSEE: CITY OF SANFORD, FLORIDA
Title: /
' 0l ~ ve Street ~
~Ians f:r proposed ~--:alla:Ion shall ~ s~i::ed :o ~ ~e: :~-:~ppr~sl o~ :~e ~ii-
ro~ C~p~y ~ore co~t~cCio~ is ~n. ~tertal ana ins~l~t~ are Co ~ in st:Ice
acco~nce ~ specifica=i~s of =he ~rican ~ilw~ En~i~eT~ ~s~ni~ ~
of ~ ~a~ System hilroad. ~i~i~l mud ~lve (12) c~ies of ~is fo~ sha~l
su~i::ea, acc~pan~ed b7 M1ve (12) le=:ersize pr~=s of a drmvin~ shs~ p1~, eleva=i~
sec=ion of c:ossi~ frm field ~ey, 1Kayion in ~s~c= =o ~i]e Pos=, width of
ri~= o~ wsT, L~acion of sdjac~c sc=~res affec:i~ crossi~, ~ all info~=i~
in Fi~s I ~d 2 of fi S~clf~ca=i~, Par= 5 - Pipeli~s. If o~n ~==i~ or =u~e~inK
is ~cessaU, ~e=ai~ of s~e=f~ and ~ of suppor=in~ :rac~ o= drivin~ =~1 shall
sh~.
1. ~ec: N~ of Applican= C~tV o~
2. Pose O~flce ~ress ~. 0. ~ox ~778 Sa~o~, [h 3~77~-~78
3. PaT=~rship - N~ and initials all parn~rs, w~n - ~i~n and su~-~s ~fore
~. ~ inco~o~aced, ~ of s~:e in ~lch incorpora=ed ~/A
5, ~a:ion 7Rl' fee~ F~:- ~irec:ion) fr~ ~ares: ~ ~le Pose AU-767
6. ~a~s: h~lr~d S:a~o: ~anford Co~:y Seminole Sca:eF]orica
7. Wi=hln !:~:s o~ public hi~vay ~ Olive Avenue Fe~-S:s:e-C~n:7 NoCitv of Sdnfo
8. T~orar7 :rac~ su~po~ or r~prapp~=S tequ~d ( ) Yes (~) No - ~scr!~
9. W~:es, ?o!es, cbe::c:~ons :~ ~ ~loca:ed ( ) Yes (X) ~ ~scr~be
10 ~c= :o ~ c~e~d R~rt ~=mpd Water F] *~-ble ( ) Yes ( X ) ~o. ~. '
11. ~. ~crk~ p~ssu~ 10n ~SZ. F~eld :es: press~ 150 PS .... a
12. ~a:iou o~ sh~:-o~ v~lves See Attached Plan
13. )I)E S)EC~1CATI~S: - ~ ?I)E ~SING FIFE
~:e~! Class 50 DIP Steel
~al ~ct~:~ a:d G:ade AWWA Ct51 ASTM A13Q
)Z:~ Y~ald 8t~ o~ ~:e~a! PSI N/A 35.000
~11 )st ~ssu~ )S1 N/A N/A
I:st~ DIffer 12 2"
~all ~ss 2~" 4~q"
~:,~de D~ter ~JA~" 30.938
~ o~ ~ N/A
~ ~t~s 20 ' 50' Minimum
I~ c~ Jo~::s Rubber Gasket Push 0n Welded
To:al ~:h w~thtn ~ ~ 50 L.F. 50 L.F.
S~: ~ e~a Greut~ ~ end
B~Y: ~se of rail :o :op of casi:~ ~ f:. ~ in.
B~Y: ~oc ~aEh =racks) ~ f:. ~
B~Y: ~adway di=ches) ~ f=. . ~ in.
~IC ~ECION: ( ) Yes (X) No
m~CT~ C~T~: ( ) Yes (X) No Kind
~, size and spaci~ of i~ula=oxs or supporns ~" 8amd~c Ir0n w~th 0ressure t'~eated
~:h~ of ~s=allation 8t~e ~ Sack weod ~ds.
I5 appli~:ion is appr~ed, a~plicanz a~r~e~ no rei~urse ~he ~ilroad for any cos:
incurred by =he ~ilr~d inciden: :o i~:alla=ion, -=in=enance, and/or su~wision ~cessi=ated
by this pipe li~ installs=ion, and fur:~r agnes =oassm all liabili=F for accideu:s or
injuries which arise as a ~sul: o[ ~his inscallation. Sh~!d ~en cur ins=alla=i~
a non-~ndable chafes of $ will ~ required =o resur~ace =rac~.
Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. ~( Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution. )
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. ~ The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ;( NAME(S) and TITLE(S) of person(s) executing the document must -
be typed or printed in ink directly beneath signature(s).
6. ~( In returning the Agreement, please furnish fee(s) set out in
Article(s) ~./ - ~D.~.
7. ~/ Check andSour payment preference in Article ~. ~.
8. Initial and date each rider attached to the document following
the execution sheet.
9. y Furnish Certificate of Insurance as evidenced by Article //
10..~' Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on
Railroad property.
11 . If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Zip Code
~.~
CSX~ Form 2037-Sheet 1
Rev. October 1987
RE-87312
3W87322G.101
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 17th day of November, 1987, by and
between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing
address is 500 Water Street, Jacksonville, Florida 32202, heretnafter
called 'tLicensor" and CI~"f OF SANFORD, a municipal corporation under the
laws of the State of Florida, whose mailing address is Post Office Box
1778, Sanford, Florida 32772-1778, hereinafter called "Licensee",
WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of reclaimed water only, hereinafter
called "Pipeline" under or across the track(s) and property owned or
controlled by Licensor at or near SANFORD, County of SEMINOLE, State of
FLORIDA, at a point 972 feet westwardly measured along the center line of
Licensor's main track(s) from Licensor's Milepost AU-770 (Station No. --),
hereinafter called the "Crossing't; as shown in green on print of Licensee's
Drawing attached hereto and made a part hereof; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application
Form, dated September 15, 1987, 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 Licensor, insofar as it has the legal right, power and authority
to do so, 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
(O) 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 Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
~--~
CSXi Form 2037-Sheet 2
Rev. October 1987
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of THREE HUNDRED U.S. DOLLARS ($300.00) toward the cost of preparing
and processing this Agreement.
2.2 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of ONE HUNDRED U.S. DOLLARS
($100.00), payable annually in advance. Such fee shall be
subject to periodic review and adjustment by Licensor.
Payment by Licensee of any annual license fee shall not be
held to create an irrevocable license for any period
beyond said one (1) year term. This license shall remain
in effect from year to year, subject to the right of
either party hereto to terminate at the end of any one (1)
year term by written notice given to the other party at
least thirty (30) days prior to the end of such term.
[ ] (B) A five (5) year initial license fee of 0NE HUNDRED U.S.
DOLLARS ($100.00). In the event of termination of this
license prior to the expiration of five (5) years, a
prorated refund shall be paid to Ltcensee, unless said
termination is due to cause of or default of Licensee - in
which event, no refund is payable. Any further term or
renewal must be renegotiated. Licensee shall be revocable
during term only in event of breach or default by
Licensee.
[/(C) A one-time license fee of ONE HUNDRED U.S. DOLLARS
($100.00). License shall be revocable only in the event
~/~F'~ of Licensee's default. License shall end upon Licensee's
cessation of use for the purpose(s) above.
2.3 In any term, Licensee shall indemnify Licensor against and shall
pay directly or reimburse Licensor for any additional taxes and/or
assessments levied against Licensor or Licensor's property on account of
Pipeline or Crossing.
3. CONSTRUCT|ON AND MA|NT[NANC[:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit
Licensee's particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
~-~
CSX~ Form 2037-Sheet 3
Rev. October 1987
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken so as to eliminate or minimize any impact on Licensor's track(s)
and appurtenances thereto.
3.4 In the installation and/or maintenance of said pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
3.5 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which pipeline and appurtenances are a part.
3.6 As additional consideration for the license or right herein
granted, Licensor shall have right, at any time in the future, to connect
its water supply (with appropriate metering) to said pipeline.
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 permits or licenses from any federal,
state or local public authorities having Jurisdiction over the Crossing or
its intended use, and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications hereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance.
5.2 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Licensee, natural or weather events or
otherwise.
CSX~ Form 2037-Sheet
Rev. October 1987
G. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee~ at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
?. TRACK CHANGES:
7.1 In the event that Licensor's ongotng operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including any relocation of changes in or additions to Licensor's track(s)
or other facilities) necessitate any change of location, height or depth of
Pipeline or Crossing, Licensee, at its sole cost and expense and within
twenty (20) days after notice in writing from Licensor, shall make changes
in Pipeline or Crossing to accommodate Licensor's tracks or operations.
Any additional costs or expenses incurred by Licensor to accommodate the
use of Licensor's property by Licensee shall also be paid by Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossins in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or change in materials
transmitted in and through said pipe), plans therefor shall be submitted to
Licensor for approval before any such change is made. After approval the
terms and conditions of this Agreement shall apply thereto.
~,~
CSXA Form 2037-Sheet 5
Rev. October 1987
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the judgment of Licensor, causes: (a) interference with
Licensor's communication, signal or other wires, train control system, or
facilities; or (b) interference in any manner with the operations
maintenance or use by Licensor of its right-of-way, track(s), structures,
pole lines, 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 make such changes in its Pipeline as may be required in the
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend and save Ltcensor harmless from and against any
and all liability, loss, claim, suits 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,
agentss 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 presences existence, operations or use of
Pipeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when
caused solely by the fault, failure or negligence of Licensor. However,
during any period of actual construction, repair, maintenance, replacement
or removal of the Pipeline when equipment, agents or personnel of Licensee
are on the railroad right-of-way, Licensee's liability hereunder shall be
absolute, irrespective of any sole fault or negligence of licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's property which may result from fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
save harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensor's property by Licensee or by such third parties, resulting
from fire or derailment.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licensee's failure to
~--~
CSX~ Form 2037-Sheet 6
Rev. October 1987
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipellne, whether or not
such loss(es) result(s) in whole or part from Licensor's contributory
negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licensee hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
11. INSURANCE:
11.1 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 Public Liability Insurance or Commercial Liability
Insurance, naming Licensee as insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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 Licename.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange for adequate time for reporting
losses. Failure to do so shall be at Licensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licename to comply with this requirement, and may demand that Licename
purchase insurance deemed adequate by Licensor. Failure of Licensee to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licensee of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
CSX~ Form 2037-Sheet 7
Rev. October 1987
12. GRADE CROSSINGS:
12.1 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.
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration, change or removal
of said Pipeline, to place watchman, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's railroad
operating rules and labor agreements, Licensee may provide flagmen,
watchman, inspectors or supervisors, during all times of construction, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchman,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, insurance and vacation allowances for Licensor's
employees, and insurance and freight and handling charges on all material
used. Any equipment rentals shall be payable by Licensee in accordance
with Licensor's fixed applicable rate.
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the highest rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
15. TERMINATION, REMOVAL:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Licensor, and reimburse Licensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration oftarm or revocation; provided, however, that
termination or revocation of this Agreement shall not affect any claims and
~_~
CSX'I Form 2037-Sheet 8
Rev. October 1987
liabilities which may have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied.
16. NOTICE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Ltcensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the
address above, c/o CSXT Property Services J180; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
17. ASSIGNMENT:
17.1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest hereln and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time within six (6) months after such sale, transfer, etc., by
giving Licensee or any such assignee written notice of such termination,
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be resumed to such assignment, etc., if no such
termination notice is given.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
'. ~., ~.~
CS)~. Form 2037-Sheet 9
Rev. October 1987
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Licensee.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
state, county, municipal or other local statute, ordinance or law.
Further, it is understood and agreed that each and every separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein
contained shall have independent and severable status from each other,
separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violative of trade or commerce in contravention
CSk~ Form 2037-Sheet 10
Rev. October 1987
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
24. RaD[RS:
The following Rider(s) is/are herewith attached and included herein:
[X] None
[ ] Open-cut or tunneling construction 'limits
[ ] Flammable or combustible product limits
[ ] Pipe pressure limits
[ ] Telecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(es) for Licensor: CSX TRANSPORTATION, INC.
Title:
Witness(es) for Licensee: LICENSEE: CITY OF SANFORD, FLORIDA
' t; Pa 1 metlfo ~'~
7455'SBD
A.~LICA~ION FC~ PIPE LII~ C~SSI/qG/PA~I~LISM u-,,~R/0V~ ~O~C=S
Pla~ for propose~ ~11at~on s~ll ~ su~=ze~ ro ~d ~et =~-.a~r~a~ of ~e
ro~ C~p~ ~foTe ~o~t~cti~ ~s ~n. ~:er~al and i--~al~ac~on are :o
acco~ance ~=h s~ec~ficario~ of the ~rl~n ~ilve7 En~erin~ Ass~aci~
of ~ ~rd S~s=em hiltodd. ~1~1 s~ ~lve (12) c~ies of ~is fo~
su~i=red, acc~panied by ~Ive (12) le=Eerslze prints of a drying sh~ pl~, elevation
section of crossi~ frm field ~ey, l~a=iou in ~s~cn =o Hlle Post, wld~h of
ri~= of way, l~acloa of adjacent snT~:ures ~fec=i~ crisiS, and all info~=i~ ~qulred
in Fi~s 1 and 2 of ~ S~cift~a=i~, Par: 5 - PipsliMs. If o~u ~C=~ or t~elin~
is ~cesea~, details Of s~e=i~ and ~=h~ o[ suppor=In~ rrac~ or dT!V~
sh~.
1. Cor~c: N~ of Applicant C~ty 0f Sanfo~d
2. Post Office ~Tess P. 0. ~ox ~//6 ban~orG, ~L
3. Part~rship N~ and initials all par~rs, w~n - gi~n a~ su~s ~fore ~rr~Ee
I~ p~lenC
A. If inco~ora~, ~ of s~e in ~ich inc~o=a~e~ N/A
5. ~tlo: 972 feet West ~rectlo~) f=~ ~a~s: ~ Y~ie Poe: AU-770 VS
6. ~a~s: ~ilr~ Station Sanf0rd ~nc~e~inole S~ate
8. Te~o=a~ :rack auppor: or Ttp=a~pin~ rebuild ( ) Yes (X) No -
9. W~:es, ~oles, obs:~c:ion~ Co ~ ~loca:ed ( ) Yes (X) No ~sc:ibe
10 ~uc: =o ~ c~a ~ecta~meU ~azeFYlale ( ) Yes (~X) ~-
11. ~x. W~rki~ p~ssu~ NO0 Pal. ~ield :es: pressu~ ,DO PSI. ~ :a~ydrn~at
12. ~a=~ of shut-off va!ves S.~. C0~ne~ of ~a]metto and ]~n Street
N,E. C0~neT 0f Palmetto and 2isz Street
13. P!~E S~EC~ICATI~S: ~ PIPE ~SING PIFE
~:er~l Class 50 DIP Steel
~rla! S~clf~:tlous au~ Graae AWWA CI~I ASTM A 139. Tye= B
~i:~ Yiel~ St~1 of ~tertal PSI N/~ q~ ~0 PqT
~11 ~s: ~ssu~ Pal N/A N/A
Insi~ D~ --- ~= 12.58" 22"
_ ~all ~Ic~ss 31" .375"
~:side D~-~ze: 13.2" 22.75"
~ of ~ N/A N/A
hTi~ ~:~ 20 ' 60 ' Minimum
K~ of Jolu:s Rnhh~r Ga~e+ ou~h On W~ld~d
Total ~:h v~tn ~ a~ 60' R/W 60' R/W
~: ~T N/A S~ze Hgt. able
S~: ~ e~s Grnra~d ~
B~Y: ~se of rail to top of casin~ o ft. 6 in.
B~Y: ~o: ~a~ tracks) ~ f:. 0
B~Y: ~adway ~lcches) ~ f:. 0. in.
~IC ~ION: ( ) Yes ( X ) No
m~CT~ C~T~: ( ) Yes ( X ) No K~
~ e~z~ and s~act~ of ~ula:o:s oT suppor:s 1" Bandin~ ]r0~ with Pressure treated
14. ~th~ of ~s:aIlattc: Rn~ and .'~rk wood ~kids.
If appli~tion ~s a~pT~ed, applican: a~r~e~ :o ret~urse the ~ll=oa~ for any cost
incurred by :he ~=!r~d i~ciden: ~o iT~:alla=~cn, '=in:en:ce, and/or su~islon ~cessi:a:ed
by :his pipe li~ Inszalla:ion, and fu=:~= a~es :o ass~ all 1~abit~:y for
injuries vh~ch arise as a ~sul: of :his ins:a!ia:ton. Sh~l~ ope~ cu: ins:alla:l~ ~ re~u~re~
a non-~ndable ~arge of $ will ~ ~qui~d :o resurface :=ac~.
Da:~ S~ a~ Tl:le o~ ~ r ~ ca=ion
/
Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. ~ Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. I The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ~( NAME(S) and TITLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
6. '~( I, returning the L~. please furnish fee(s) set out in
Agree ent,
Article(s) c~. / D c~ .
7. I Check and ~your payment preference in Article ~.~.
8. ~(. Initial and date each rider attached to the document following
the execution sheet.
9. }( Furnish Certificate of Insurance as evidenced by Article //
10.t Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on
Railroad property.
11. If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show below the address to which bills should be sent:
Street Address and/or P. O. Box No.
City State Zip Code
CSX~ Form 2037-Sheet 1
Rev. October 1987
RE-82557
JW87322G. 01
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 16th day of November, 1987, 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 under the
laws of the State of Florida, whose mailing address is Post Office Box
1778, Sanford, Florida 32772-1778, hereinafter called "Licensee",
WITNESSETa:
W]{EREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of reclaimed water only, hereinafter
called "Pipeline" under or across the track(s) and property owned or
controlled by Licensor at or near SANFORD, County of SEMINOLE, State of
FLORIDA, at a point 2580 feet southwardly measured along the center line of
Licensor's main track(s) from Licensor's Milepost A-767 (Station No. --),
hereinafter called the "Crossing"; as shown in green on print of Licensee's
Drawing attached hereto and made a part hereof; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application
Form, dated September 15, 1987, 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 Licensor, insolaf as it has the legal right, power and authority
to do so, 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 Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CS~i Form 2037-Sheet 2
Rev. October 1987
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of THREE HUNDRED U.S. DOLLARS ($300.00) toward the cost of preparing
and processing this Agreement.
2.2 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of ONE HUNDRED U.S. DOLLARS
($100.00), payable annually in advance, Such fee shall be
subject to periodic review and adjustment by Licensor.
Payment by Licensee of any annual license fee shall not be
held to create an irrevocable license for any period
beyond said one (1) year term. This license shall remain
in effect from year to year, subject to the right of
either party hereto to terminate at the end of any one (1)
year term by written notice given to the other party at
least thirty (30) days prior to the end of such term.
[ ] (B) A five (5) year initial license fee of ONE HUNDRED U.S.
DOLLARS ($100.00). In the event of termination of this
license prior to the expiration of five (5) years, a
prorated refund shall be paid to Licensee, unless said
termination is due to cause of or default of Licensee - in
which event, no refund is payable. Any further term or
renewal must be renegotiated. Licensee shall be revocable
during term only in event of breach or default by
Licensee.
[~f"'(C) A one-time license fee of ONE HUNDRED U.S. DOLLARS
~9~ ($100.00). License shall be revocable only in the event
of Licensee's default. License shall end upon Licensee's
cessation of use for the purpose(s) above.
2.3 In any term, Licensee shall indemnify Licensor against and shall
pay directly or reimburse Licensor for any additional taxes and/or
assessments levied against Licensor or Licensor's property on account of
Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
Licensee's particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
CSXi Form 2037-Sheet 3
Rev. October 1987
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken so as to eliminate or minimize any impact on Licensor's track(s)
and appurtenances thereto.
3.4 In the installation and/or maintenance of said pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
3.5 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which pipeline and appurtenances are a part.
3.6 As additional consideration for the license or right herein
granted, Licensor shall have right, at any time in the future, to connect
its water supply (with appropriate metering) to said pipeline.
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 permits or licenses from any federal,
state or local public authorities having jurisdiction over the Crossing or
its intended use, and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications hereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Ltcensee
has notice as to the need for such repairs or maintenance.
5.2 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Licensee, natural or weather events or
otherwise.
CSXi Form 2037-Sheet 4
Rev. October 1987
6. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall back(ill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including any relocation of changes in or additions to Licensor's track(s)
or other facilities) necessitate any change of location, height or depth of
Pipeline or Crossing, Licensee, at its sole cost and expense and within
twenty (20) days after notice in writing from Licensor, shall make changes
in Pipellne or Crossing to accommodate Licensor's tracks or operations.
Any additional costs or expenses incurred by Licensor to accommodate the
use of Licensor's property by Licensee shall also be paid by Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipellne or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or change in materials
transmitted in and through said pipe), plans therefor shall be submitted to
Licensor for approval before any such change is made. After approval the
terms and conditions of this Agreement shall apply thereto.
CSX~ Form 2037-Sheet 5
Rev. October 1987
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the Judgment of Licensor, causes: (a) interference with
Licensor's communication, signal or other wires, train control system, or
facilities; or (b) interference in any manner with the operation,
maintenance or use by Licensor of its right-of-way, track(s), structures,
pole lines, 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 make such changes in its Pipeline as may be required in the
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend 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 invltees 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 presence, existence, operations or use of
Pipeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when
caused solely by the fault, failure or negligence of Licensor. However,
during any period of actual construction, repair, maintenance, replacement
or removal of the Pipeline when equipment, agents or personnel of Licensee
are on the railroad right-of-way, Licensee's liability hereunder shall be
absolute, irrespective of any sole fault or negligence of licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's property which may result from fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
safe harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensor's property by Licensee or by such third parties, resulting
from fire or derailment.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licensee's failure to
CSX~ Form 2037-Sheet 6
Rev. October 1987
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipeline, whether or not
such loss(as) result(s) in whole or part from Licensor's contributory
negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licensee hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
11. INSURANCE:
ll.1 Prior to commencement of surveys, installation or occnpation 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 Public Liability Insurance or Commercial Liability
Insurance, naming Licensee as insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange for adequate time for reporting
losses. Failure to do so shall be at Licensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licensee to comply with this requirement, and may demand that Licensee
purchase insurance deemed adequate by Licensor. Failure of Licensee to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licensee of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
CSX~ Form 2037-Sheet 7
Rev. October 1987
12. GRADE CROSSINGS:
12.1 Nothing hereln 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.
13. [LAGGING:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration, change or removal
of said Pipeline, to place watchman, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's railroad
operating rules and labor agreements, Licensee may provide flagmen,
watchman, inspectors or supervisors, during all times of construction, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchman,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, insurance and vacation allowances for Licensor's
employees, and insurance and freight and handling charges on all material
used. Any equipment rentals shall be payable by Licensee in accordance
with Licensor's fixed applicable rate.
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the highest rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
15. TERMSNATSON, REMOVAL:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Ltcensor, and reimburse Licensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination or revocation of this Agreement shall not affect any claims and
~~ mq
CSX~ Form 2037-Sheet 8
Rev. October 1987
liabilities which may have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied.
16. NOT~CE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the
address above, c/o CSXT Property Services J180; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
17. ASSIGNMENT:
17.1 Ltcensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time within six (6) months after such sale, transfer, etc., by
giving Licensee or any such assignee written notice of such termination,
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be resumed to such assignment, etc., if no such
termination notice is given.
18. TITLE:
18.1 Licensee shall not at any t~me own or claim any right~ title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
',
CSE~ Form 2037-Sheet 9
Rev. October 1987
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Licensee.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
state, county, municipal or other local statute, ordinance or law.
Further, it is understood and agreed that each and every separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein
contained shall have independent and severable status from each other,
separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violative of trade or commerce in contravention
CSX~ Form 2037-Sheet 10
Rev. October 1987
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ ] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] Pipe pressure limits
[X] Talecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(as) for Licensor: CSXTRANSPORTATION, INC.
Title:
Witness(es) for Licensee: LICENSEE: CITY OF SANFORD, FLORIDA
CSX~ Form 2037-Sheet 11
Rev. October 1987
COMMUNICATIONS LINE RIDER
No Construction of any type pursuant or related in any way to this
Agreement shall be commenced by Licensee, or by any agent, representatives
contractor, subcontractor of Licensees without Licensee giving at least
fourteen (14) days written notice to, and receiving written approval from:
("Lightnet") Mr. Carl Pacapelli
Director of 0perations
and Maintenance
LIGHTNET - FMAC
2839 Paces Ferry Road
Overlook II, Suite 1300
Atlanta, GA 30339
Phone No. 1-800-327-9686
("U.S. Sprint") Mr. John Fleeman
Manager of Facility Operations
U.S. Sprint Communications Company
3065 Hatgrove Road, Suite 465
Atlanta, GA 30339
Phone No. (404) 859-8770 Collect
Licensee must protect any existing wire or fiber optic line (including
any appurtenances thereto) of Lightnet and U.S. Sprint which may traverse
or be located in, on, or immediately adjacent to the premises. Licensee
shall be solely responsible and liable for any damage (e.g., cutting,
dislocating, etc.) to said wire or fiber optic line, and appurtenances
thereto, resulting from or incident to Licensee's exercise of rights or
privileges under this Agreement.
Licensor: ~
(Initial) (Date)
Licensee: /7~,9 /Z_L~-~j=7
(Initial) (Date)
· j -~; Country Club Road
~ 7455'SBD
?
AFPI.ICA.TION FOe. PIPE L--'q. C~SS~/P~L~LZ~ ~/0~ ~O~T=S k~ ,~
road C~ ~fore ~t~ction ~ ~. ~terial and ins~Ilat~on a~ to
icco~:ce ~_th spectftcatt~ of ~e ~rtcan ~ilvsy Engl~eTl~ ~s~iatl~
of ~ ~a~r~ System ~tlroaa. ~t8{-~1 a~ ~lve (12) c~ies of ~ts fore s~ll
su~it:e~, acc~p~ted by ~lve (12) lettarsUs prints of a ~ra~n~ sh~i~ p1~, elevation
sectlo= of c:ossi~ fr~ field ~ey, lxatton in res~ct to ~le Post, width of
rl~t ~ ray, l~atton of adjacent stT~tures affecti~ cross~, and all infomtton
tu Fl~s 1 ana 2 of ~ S~clfl~tl~, Part 5 - Plpelt~s. If open ~tti~ or
is ~cessaU, ~etat~ of s~ett~ and ~th~ of supportin~ trac~ or driving t,m~l shall
$b~.
1. Co=c= N~ of Applicant C~tv 0f Sanford
2. Post Office ~ress P. 0. Box i778, Sanf0~d, ~L
3. Par:~Tship N~ end tn!:ials all part~=s, w~n - given and su~-~s
~. !~ ~:co~orated, ~ of s~:e in ~ich inco~porace~ N/A
~ 5. ~:io= 2580' feet SOUih ~irection) fr~ ~ares: ~ ~tle Post A-/~/ V~
6. ~a~st hilr~d Station~a,=~r~ County Seminole State F]0~=la
7. ~i:hin l~its of public hi~wa7 n~ COu~t~V Club Road [ed-Scate-C~nt7 NoC~tv
8. T~ora~ track suppot= or Ti~rapplu~ requital ( ) Yes ( X ) No - ~scTi~
9. ~i~s, ~oles, obstmc=ions :o ~ ~located ( ) Yes (X) ~o - ~scribe
10 ~uc: to ~ c~e~ Rec]a=med Wete~ F~-ble ( ) Yes (X) ~. Te~era~lm~e~t
11. ~a. ~orkl~ p~ssu~ ]CQ PSI. Field test pressu~ ~0 PSI. ~ tas~vd~c~ta
12. ~atiou of S~t-off valves ~ Attached Pl an
13. PI~ SFEC~ICATI~S: C~ ~IPE ~SING
~a:er~l Class bO Ui~ Szeel
~ria! S~cif~tious and Grade AW~A Ci5i ASTM A139. TVce
~i:~ Yield St~=h of ~a:erial PSI N/A 35,000
~ii ~s: ~ssu~ PSI N/A
I~i~ D~ter t2.58" 22"
~ail ~Ic~ss .3]" 27~"
~:slde D~-~r 1~'2" 22 7~"
T~ of ~ N/~ N/n
hyi~ ~ths 20 '
Ki~ of Joints Ruhh~ ~a~f Du~h N~
Tc~! ~:h wi~in ~ aB 7~ ~ F ~5 ~ F
~: ~ N/A Size H~:. able Stand
S~: ~ e~ Groute~ ~ end
B~Y: ~se of rail to toF of casin~ 5 ft. 6 in.
B~Y: ~ot ~ath trac~) ~ ft. 0 ~=-
B~Y: ~adwa7 ditches) ~ ft. ~ in.
~IC ~Z~ION: ( ) Yes (X)
~:CT~ C~T~: ( ) Yes (X) No Kind
~, si=e and spaci~ of ir~:ia:o=s or supports ]" Bandinn Iron with 0ressure treated
1~. ~:h~ of ~stallation Ro-: ~n~ ,l~rk wnod ~ki
If appli~tion is a~r~ed, appiicant a~raes to rei~urse the ~ilroad for any cos:
incurred by t~ ~ilr~d incident :: i~talla=ton, ':inte~ance, aria/or su~ision
by this pi~e li~ ~nstalla:ion, a~ fur:~r a~es to ass~ all liability for accidec:s
injuries vhich arise as a ~sult of this installation. Sh~ld ope: cut installati~
a non-~ndable charge of $ ~ill ~ requital to resurface trac~.
I
' '/V//,z,,, -~Z '/'v//4", .~'
500 Water Street
ef~f~ Jacksonville, FL 32202-4465
TR~PORTATION (904) 359-1774
T. D. Ph~ps CI ~1
Director*Contracts
Property Servi~s
Hay ~, 1988
When corresponding, always
refer to: RE-87086-JW
RE-87093-JW
Mr. Frank A. Faison
City Manager
City of Sanford
P.O. Box 1778
Sanford, Florida 32772-1778
Dear Mr. Faison:
For completion of your records, I am attaching hereto a fully executed
duplicate-original of agreements dated November 12 and 13, 1987, between CSX
Transportation, Inc. and City of Sanford covering installation and maintenance
of two (2) raw sewage pipelines crossing Railroad's right of way and trackage
at points 1,610 and 1,180 feet westwardly of Milepost AU-770, at or near
Sanford, Florida.
I call your attention to Item 10 on the attached Forms which state that
you must notify the Division Engineer's office at least five (5) days prior to
the date and time you desire to perform any work on Railroad property.
Further correspondence pertaining to these agreements should be addressed:
Mr. C. M. Kiefer, Jr., Division Manager
CSX Transportation, Inc.
5656 Adamo Drive
Tampa, FL 33619-3240
referring to his File 13-15960.
Very truly yours,
~5~~''J~'' T.D. Phillips
CSX Distribution Services, CSX Equipment CSX Rail Transport and Americc~n Commercicsl Lines
are business unil,s of fhe CSX Transportation Group.
Form GGB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. ~( Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
2. If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. )~ The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ~ NAME(S) and TITLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
6. ~ In returning the Agreement, please furnish fee(s) set out in
Article(s) c~. /
7. ~ Check an~i~ia~your payment preference in Article
8. Initial and date each rider a~ached to the d~ument following
the execution sheet.
9. ~ Furnish Certificate of Insurance as evidenced by Article //
10. ~ Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) 626-4214, extending at least five (S) days' advance
notice of the. date and time you desire to perform any work on
Railroa~ proper~.
11. ~ If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved,
show
below the address to which bills should be sent:
Stp~t Addp~ss ~nd/op P. O. Box No.
CSX'i Form 2037-Sheet 1
Rev. October 1987
RE-87093
JW87317P.101
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 13th day of November, 1987, by and
between CSXTRANSPORTATION, INC., a Virginia corporation, whose mailing
address is 500 Water Street, Jacksonville, Florida 32202, hereinafter
called "Licensor" and CITY OF SANFORD, a mllnicipal corporation under the
laws of the State of Florida, whose mailing address is P. O. Box 1778,
Sanford, Florida 32772-1778, hereinafter called "Licename", WITNESSETH:
WHEREAS, Licename desires to construct and maintain a certain pipeline
or duct work, for the transmission of raw sewage only, hereinafter called
"Pipeline" under or across the track(s) and property owned or controlled by
Licensor at or near SANFORD, County of SEMINOLE, State of FLORIDA, at a
point 1180 feet westwardly measured along the center line of Licensor's
main track(s) from Licensor's Milepost AU-770 (Station No. --), hereinafter
called the "Crossing"; as shown in green on print of Licensee's Drawing
attached hereto and made a part hereof; other details and data pertaining
to said Pipeline being as indicated on Licensee's Application Form, dated
September 15, 1987, 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:
I.i Licensor, insofar as it has the legal right, power and authority
to do so, 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 Licename with the terms and conditions herein
contained;
does hereby license and permit Licename to construct, maintain, repair,
renew, operate, use, alter or change said Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CSX'~ Form 2037-Sheet 2
Rev. October 1987
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of THREE HUNDRED U.S. DOLLARS ($300.00) toward the cost of preparing
and processing this Agreement.
2.2 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of FIFTY U.S. DOLLARS ($50.00),
payable annually in advance. Such fee shall be subject to
periodic review and adjustment by Licensor. Payment by
Licensee of any annual license fee shall not be held to
create an irrevocable license for any period beyond said
one (1) year term. This license shall remain in effect
from year to year, subject to the right of either party
hereto to terminate at the end of any one (1) year term by
written notice given to the other party at least thirty
(30) days prior to the end of such term.
[ ] (B) A five (S) year initial license fee of TWO HUNDRED FIFTY
U.S. DOLLARS ($250.00). In the event of termination of
this license prior to the expiration of five (5) years, a
prorated refund shall be paid to Licensee, unless said
termination is due to cause of or default of Licensee ~ in
which event, no refund is payable. Any further term or
renewal must be renegotiated. Licensee shall be revocable
during term only in event of breach or default by
Licensee.
~/ [~ (G) A one-time license fee of SEVEN HUNDRED FIFTY U.S. DOLLARS
($750.00). License shall be revocable only in the event
of Licensee's default. License shall end upon Licensee's
cessation of use for the purpose(s) above.
2.3 In any term, Licensee shall indemnify Licensor against and shall
pay directly or reimburse Licensor for any additional taxes and/or
assessments levied against Licensor or Licensor's property on account of
Pipeline or Crossing.
3. CONSTRUCT|ON AND MA|NTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
Licensee's particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
CSX'~ Form 2037-Sheet 3
Rev. October 1987
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken so as to eliminate or minimize any impact on Licensor's track(s)
and appurtenances thereto.
3.4 In the installation and/or maintenance of said pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
3.5 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which pipeline and appurtenances are a part.
3.6 As additional consideration for the license or right herein
granted, Licensor shall have right, at any time in the future, to connect
its sanitary sewer (with meter) to said pipeline.
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 permits or licenses from any federal,
state or local public authorities having jurisdiction over the Crossing or
its intended use, and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications hereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance.
5.2 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Licensee, natural or weather events or
otherwise.
;
CS~ Form 2037-Sheet 4
Rev. October 1987
G. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, Licensees at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipelines Licensee shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. Licensee shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
7. TRACK CHANGSS:
7.1 In the event that Licensor's ongotng operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including any relocation of changes in or additions to Licensor's track(s)
or other facilities) necessitate any change of locations height or depth of
Pipeline or Crossing, Licensee, at its sole cost and expense and within
twenty (20) days after notice in writing from Licensor, shall make changes
in Pipeline or Crossing to accommodate Licensor's tracks or operations.
Any additional costs or expenses incurred by Licensor to accommodate the
use of Licensor's property by Licensee shall also be paid by Licensee.
7.2 Licensee agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise, renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or change in materials
transmitted in and through said pipe), plans therefor shall be submitted to
Licensor for approval before any such change is made. After approval the
terms and conditions of this Agreement shall apply thereto.
CSX~ Form 2037-Sheet 5
Rev. October 1987
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the judgment of Licensor, causes: (a) interference with
Licensor's communication, signal or other wires, train control system, or
facilities; or (b) interference in any manner with the operation,
maintenance or use by Licensor of its right-of-way, track(s), structures,
pole lines, 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 make such changes in its Pipeline as may be required in the
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licenseets
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend 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 presence, existence, operations or use of
Pipeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when
caused solely by the fault, failure or negligence of Licensor. Nowever,
during any period of actual construction, repair, maintenance, replacement
or removal of the Pipeline when equipment, agents or personnel of Licensee
are on the railroad right-of-way, Licensee's liability hereunder shall be
absolute, irrespective of any sole fault or negligence of licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's property which may result from fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
save harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensor's property by Licensee or by such third parties, resulting
from fire or derailment.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licensee's failure to
CSX~ Form 2037-Sheet 6
Rev. October 1987
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipeline, whether or not
such loss(es) result(s) in whole or part from Licensor's contributory
negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneys' fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resulting from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licensee hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
11. INSURANCE:
11.1 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 Public Liability Insurance or Commercial Liability
Insurance, naming Licensee as insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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.
11.2 If said policy is written on a "claims made" basis instead of an
,, ,,
occurrence basis, Licensee shall arrange for adequate time for reporting
losses. Failure to do so shall be at Licensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licensee to comply with this requirement, and may demand that Licensee
purchase insurance deemed adequate by Licensor. Failure of Licensee to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licensee of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
CSX~ Form 2037-Sheet 7
Rev. October 1987
12. GRADE CROSSINGS:
12.1 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.
13. FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
constructions maintenance, repair~ renewal, alterations change or removal
of said Pipeline, to place watchmen, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and toLicensor's railroad
operating rules and labor agreements, Licensee may provide flagmen,
watchmen, inspectors or supervisors, during all times of construction, in
place of Licensor provision, at Ltcensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchmen,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, insurance and vacation allowances for Licensor's
employees, and insurance and freight and handling charges on all material
used. Any equipment rentals shall be payable by Licensee in accordance
with Licensor's fixed applicable rate.
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the highest rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
15. TERMiNATiON, REMOVAL:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Licensor, and reimburse Licensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination or revocation of this Agreement shall not affect any claims and
. - .. - A ~--~
CS~l Form 2037-Sheet 8
Rev. October 1987
liabilities which may have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied.
16. NOTICE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the
address above, c/o CSXT Property Services J180; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated herein, all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
17. ASSIGNMENT:
17.1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Licensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time Within six (6) months after such sale, transfer, etc., by
giving Licensee or any such assignee written notice of such termination,
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be resumed to such assignment, etc., if no such
termination notice is given.
18. T~TkE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
... ~,
CS]C~ ~'orm 2037-Sheet 9
Rev. October 1987
19. DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Licensee.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 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.
22. ENTIRETY, EXCLUS|VITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
state, county, municipal or other local statute, ordinance or law.
Further, it is understood and agreed that each and every separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein
contained shall have independent and severable status from each other,
separate divisions or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violarive of trade or commerce in contravention
CSXi Form 2037-Sheet 10
Rev. Octobar 1987
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[X] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] Pipe pressure limits
[ ] Talecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(es) for Licensor: CSX TRANSPORTATION, INC.
~Y ~
T CSX Rail Transport
Witness(as) for Licensee: LICENSEE: CITY OF SANFORD, FLORIDA
Palmetto/Magnolia . S0602.27
7455 SBD
AFP. LICATION FC~ PIPE LiNE CROSSINC/~ UNDE~/~O~TIZS ~ ~CKS
Pleas for proposed installation shall be submitted to a~nd met the approval of
road C~m~mxly before co~t~ction i$ ~gun. ~te:ial and i=stallatlon are to ~ in strict
a~o~uc~ vitb $pecificatio~ o~ the ~:ican ~ilvay Engi~ering ~sociati~ ~
o~ ~ ~a~a~ Sys=em ~ilrosd. ~i~iM1 and ~lve (~) c~ies of ~ls fo~ ~ll
su~ed, acc~panled by ~lve {~) ~a~Eersize prln~s o~ a drsvin~ sh~i~ p~, elevation
sec~ion o~ crossi~ ~:~ ~ield su~ey, l~sEion in ~s~c~ ~o ~e Pose, vidch of
ri~ o~ ray, l~acion o~ adjacent sE~c~ures ~ecEi~ ~oss~, and all in~om~i~ ~quired
in Fi~s I and 2 o~ ~ S~ci~i~ci~, Psr~ ~ - Pipeli~s. ~ open cuE:i~ or cu~elln~
is ~cassa~, de~sils o~ shee~!~ and ~Eh~ o~ supporE~ ~rac~ or drivi~ c~m~l shall
%. torTact N---= o~ Applicant C~ty of Sanford
2, Post Office Aadress P.U. ~ox 1/78, Sanford, Fla. 32772-1778
3. Partnership N~ and inltlals all partners, w~n - given and sur~--ws before martie g,
and present N/A
4, If incoz~orated, --,-0 of sna:e in which incorporated
5. Location 1180 feet West (Diree:ion) frc~n neares: RE Mile Post AU//U VS
6. Nearest Re! freed Station Sanford Coun:y Seminole Sta:e Fla.
7. Within limits of public highway ~-,~ N/A Fed-State-Coun=y No.
8. Tez~.orary :rack support or rlprapping required ( ? Yes (X) No - Describe
9. Wires, poles, obstructlon~ to be relocated ( ) =es (X) No Describe
10 Proanti to be co~veTed Maw bewaae Fl-~-,-~le ( ) Yes (X) V~ =en~era:ureAmbi~nt
11. Max. Worki:~ p~ssu~ Vacuum PSI. Field test pressu~24" Hg ~. ~ test
12. ~arion of shu:-off valves IOU' North of 15th St. on west side of Magnolia Ave.
13. PIPE SPECIFICATIONS: CAERLvR PIPE CASING PIPE.
Material PVC Steel
Mararlal Specifications and G:ade ASTM D2241 SDR 21 ASTM A139, Typ~
M/niz~anYield S:r~th of Material PSI N/A 3~,~ PqT
M/II Test Pressure PSl N/A N/A
Inside Di~ter 5.993"
(hatside Dir-~s:er 2
"' Type of Seam N/A N/A
hyln~ Lem~ths 20' 18'
Ki~ of Joints Rubber Gasket Push 0n Welded
: S~e Bg:. able ground
S~: ~ e~s Grouted o~ end
B~Y: hse of rail :o :op of cas~g 5 ft. 6 in.
B~Y: ~o: ~a~ trac~) 3 ~ ft. O ~/~ in.
B~Y: ~adway di=ches) 3 . f=- .o ~/~ in.
~CTlv~ C~T~: ( ) Yes ( ~ No Kind
~, s~ze &n~ spacing of i~ula:oTs or supports .~,~ ~,c~e~ ~
l&. ~=h~ of ~s:aIla:ion Bore & Jack
I~ appli~:~on is appr~ed, a~plican: a~T~es :o rei~ursa :he ~i~road for any
incurred by :he ~ilr~d i:ciden: :o i~:atla~on, -lit:stance, and/or suffusion
b7 :his pipe li~ ~ns:alla:ion, aria ~T:~= aE~es :o &ss~ all liebill:7 for acc~eu:s
i:3ur~es vhlch arise as a ~suI: of =his ins:alia:ion. Sh~ld o~en cu= ins:a!Ia:i~ ~ :equ ir
a non-m~ndab le charge of $ w~ll ~ vequl~d :o =esurface
"~-..~! CROSSING SITE
!~:: '..'.i
VICINITY MAP
SCALE 1": 2000'
CITY OF SANFORD
(~ VACUUM COLLECTION
' SEWER SYSTEM
":' CPH' JOB No. S0602.27
Cor~nu
't VdO parrallel to CSX's tracks
ng hone {800) 3~LT'
~ 11
-- Ib' P~l~
. ~' ~T~.
' F~A~
Form CCB-13
March 1987
PLEASE DO NOT REMOVE FROM AGREEMENT
Please observe the following when executing the attached instrument:
1. ~ Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
2.__ If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4. '~ The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. ~ NAME(S) and TITLE(S) of person(s) executing the document must
be typed or printed in ink directly beneath signature(s).
6. ~ In returning the Agreem t, please furnish fee(s) set out in
Artic,eCs)
?. ~ Check andSour payment preference in ArticleS. i
8. Initial and date each rider a~ached to the document following
the execution sheet.
g. ~ Furnish Certificate of ~nsurance as evidenced by Article //
10. ~ Subsequent to receipt of a fully executed copy of this Agreement,
you must notify the Division Engineer's office at Tampa, Florida,
Telephone (813) E26-4214, extending at least five (5) days' advance
notice of th'e~date' and ~ime you desire to perform any work on
Railroad property.
11. / If RENTAL, MAINTENANCE CHARGE or OTHER FEES are involved, show below the address to which bills should be sent:
Street Address and/o~ P. O. Box No.
Ci~ State Zip Code
CSX'~ ~orm 2037-Sheet 1
Rev. October 1987
RE-87086
J'~87317P.01
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 12th day of November, 1987, 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 under the
laws of the State of Florida, whose mailing address is P. O. Box 1778,
Sanford, Florida 32772-1778, hereinafter called "Licenses", WITNESSETH:
W}IEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, for the transmission of raw sewage only, hereinafter called
"Pipeline" under or across the track(s) and property owned or controlled by
Licensor at or near SANFORD, County of SEMINOLE, State of FLORIDA, at a
point 1610 feet westwardly measured along the center line of Licensor's
main track(s) from Licensor's Milepost AU-770 (Station No. --), hereinafter
called the "Crossing"; as shown in green on print of Licensee's Drawing
attached hereto and made a part hereof; other details and data pertaining
to said Pipeline being as indicated on Licensee's Application Form, dated
September 15, 1987, 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 Licensor, insofar as it has the legal right, power and authority
to do so, 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 Licenses with the terms and conditions herein
contained;
does hereby license and permit Licenses to construct, maintain, repair,
renew, operate, use, alter or change said Pipeline at the Crossing above
for the term herein stated, and to remove same upon termination.
102 The term Pipeline, as used herein, includes pipes, ducts, casing,
vents, manholes, connectors, fixtures, appliances and ancillary facilities
devoted exclusively to the transmission usage above.
CS}Cl Form 2037-Sheet 2
Rev. October 1987
2. LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay Licensor the
sum of T}[REE HUNDRED U.S. DOLLARS ($300.00) toward the cost of preparing
and processing this Agreement.
2.2 Licensee shall also pay to Licensor the following (Licensee shall
check and initial one):
[ ] (A) An annual license fee of FIFTY U.S. DOLLARS ($50.00),
payable annually in advance. Such fee shall be subject to
periodic review and adjustment by Licensor. Payment by
Licensee of any annual license fee shall not be held to
create an irrevocable license for any period beyond said
one (1) year term. This license shall remain in effect
from year to year, subject to the right of either party
hereto to terminate at the end of any one (1) year term by
written notice given to the other party at least thirty
(30) days prior to the end of such term.
[ ] (B) A five (5) year initial license fee of TWO HUNDRED FIFTY
U.S. DOLLARS ($250.00). In the event of termination of
this license prior to the expiration of five (5) years, a
prorated refund shall be paid to Licensee, unless said
termination is due to cause of or default of Licensee - in
which event, no refund is payable. Any further term or
renewal must be renegotiated. Licensee shall be revocable
during term only in event of breach or default by
Licensee.
[~"' (C) A one-time license fee of SEVEN HUNDED FIFTY U.S. DOLLARS
($750.00). License shall be revocable only in the event
of Licensee's default. License shall end upon Licensee's
cessation of use for the purpose(s) above.
2.3 In any term, Licensee shall indemnify Licensor against and shall
pay directly or reimburse Licensor for any additional taxes and/or
assessments levied against Licensor or Licensor's property on account of
Pipeline or Crossing.
3. CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a
prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (Exhibit "A"),
Licensee's particular industry, A.R.E.A. Specifications, or any
governmental body having jurisdiction over the Crossing.
3.2 Location and construction of Pipeline shall be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor.
CSX'~ Form 2037-Sheet 3
Rev. October 1987
3.3 All Licensee's work and execution of rights hereunder shall be
undertaken so as to eliminate or minimize any impact on Licensor's track(s)
and appurtenances thereto.
3.4 In the installation and/or maintenance of said pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting
without the separate express written consent of Licensor. In the event
such consent is extended, a representative will be assigned by Licensor to
monitor blasting and protect Licensor's interests, and Licensee shall
reimburse Licensor for the entire cost and/or expense of furnishing said
representative.
3.5 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not, at any time or in any
manner, be charged or assessed, directly or indirectly, with any part of
the cost of the installation of said Pipeline and appurtenances thereto
which are on Licensor's property, and/or maintenance thereof, or for the
public works project for which ptpellne and appurtenances are a part.
3.6 As additional consideration for the license or right herein
granted, Licensor shall have right, at any time in the future, to connect
its sanitary sewer (with meter) to said pipeline.
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 permits or licenses from any federal,
state or local public authorities having jurisdiction over the Crossing or
its intended use, and shall thereafter observe and comply with the
requirements of such public authorities, and all applicable laws and
regulations and future modifications hereof.
4.2 Licensee shall also defend, protect and hold Licensor harmless
for failure to obtain such permits or licenses, any violations thereof, or
for costs or expenses of compliance or remedy.
5. REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline 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 ten (10) days after Licensee
has notice as to the need for such repairs or maintenance.
5.2 Licensee hereby agrees to reimburse Ltcensor any loss, cost or
expense incurred by Licensor as a result of Licensee's Pipeline being in
need of repairs or maintenance (including losses resulting from train
delays and inability to meet train schedules), whether or not said repairs
or maintenance result from acts of Licensee, natural or weather events or
otherwise.
CS~I ~orm 2037-Sheet 4
Rev. October 1987
G. MARKING AND SUPPORT:
6.1 With respect to any subsurface installation upon Licensor's
property, LicenaPe, at its sole cost and expense, shall:
(A) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the
location, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
satisfactory to Licensor.
6.2 After construction of Pipeline, LicenaPe shall restore said
track(s), roadbed and other disturbed property of Licensor, and shall leave
same in a condition satisfactory to Licensor. LicenaPe shall backfill with
satisfactory material and thoroughly tamp all trenches to prevent settling
of surface of land and roadbed of Licensor, and shall 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 as Licensor may direct.
7. TRACK CHANGES:
7.1 In the event that Licensor's ongoing operating needs and/or
maintenance result in the future raising or lowering of Licensor's tracks,
or in the event future use by Licensor of right-of-way and property
(including any relocation of changes in or additions to Licensor's track(s)
or other facilities) necessitate any change of location, height or depth of
Pipeline or Crossing, LicenaPe, at its sole cost and expense and wit/bin
twenty (20) days after notice in writing from Licensor, shall make changes
in Pipeline or Crossing to accommodate Licensor's tracks or operations.
Any additional costs or expenses incurred by Licensor to accommodate the
use of Licensor's property by LicenaPe shall also be paid by LicenaPe.
7.2 LicenaPe agrees to periodically monitor and verify the depth or
height of Pipeline and Crossing in relation to Licensor's tracks and
facilities, and to relocate Pipeline or change Crossing, at Licensee's
expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement.
8. PIPE CHANGES:
8.1 If Licensee undertakes to revise~ renew, relocate or change in
any manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or change in materials
transmitted in and through said pipe), plans therefor shall be submitted to
Licensor for approval before any such change is made. After approval the
terms and conditions of this Agreement shall apply thereto.
.. '!-. ~.,~ A
CS~I Form 2037-Sheet 5
Rev. October 1987
9. INTERFERENCE WITH RAIL FACILITIES:
9.1 If the operation, existence or maintenance of said Pipeline, at
any time in the judgment of Licensor, causes: (a) interference with
Licensor's communication, signal or other wires, train control system, or
facilities; or (b) interference in any manner with the operation,
maintenance or use by Licensor of its right-of-way, track(s), structures,
pole lines, 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 make such changes in its Pipeline as may be required in the
judgment of Licensor to eliminate all such interference.
9.2 Without assuming any duty hereunder to inspect Licensee's
Pipeline, Licensor hereby reserves the right to inspect same and to require
Licensee to undertake repairs, maintenance or adjustments to Pipeline,
which repairs, maintenance or adjustments Licensee hereby agrees to make
promptly, at Licensee's sole cost and expense.
10. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
that:
10.1 Licensee hereby assumes, and shall at all times hereafter
release, indemnify, defend and save Licensor harmless from and against any
and all liability, loss, claim, suits 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 presence, existence, operations or use of
PIpeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when
caused solely by the fault, failure or negligence of Licensor. However,
during any period of actual construction, repair, maintenance, replacement
or removal of the Pipeline when equipments agents or personnel of Licensee
are on the railroad right-of-way, Licensee's liability hereunder shall be
absolute, irrespective of any sole fault or negligence of licensor.
10.2 Use of Licensor's property involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding
Section 10.1, Licensee hereby assumes all risk of loss and damage to
Licensee's property which may result from fire or derailment resulting from
Licensor's rail operations, and Licensee hereby agrees to defend, protect,
save harmless and indemnify Licensor from all claims of third parties for
any loss of or damage to property of said third parties situated or placed
upon Licensor's property by Licensee or by such third parties, resulting
from fire or derailment.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
all risk of loss which in any way may result from Licensee's failure to
.... ~-~
CS~I Form 2037~Sheet 6
Rev. October 1987
maintain either the required clearances for any overhead Pipeline or the
required depth and encasement for any underground Pipeline, whether or not
such loss(es) result(s) in whole or part from Licensor's contributory
negligence or joint fault.
10.4 Notwithstanding Section 10.1 or any other provision herein,
Licensee assumes all responsibility for, and agrees to defend, indemnify
and hold Licensor harmless from (a) all claims, costs and expenses,
including reasonable attorneysT fees, as a consequence of any sudden or
nonsudden pollution of air, water, land and/or ground water on or off the
Crossing area, arising from or in connection with the use of this Crossing
or resultlns from leaking, bursting, spilling, or any escape of the
material transmitted in or through said Pipeline, and (b) any claim or
liability arising under federal or state law dealing with either such
sudden or nonsudden pollution of air, water, land and/or ground water
arising therefrom or the remedy thereof.
10.5 All obligations of Licensee hereunder to release, indemnify and
hold Licensor harmless shall also extend to officers, agents and employees
of Licensor, and 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.
11. INSURANCE:
11.1 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 Public Liability Insurance or Commercial Liability
Insurance, naming Licensee as insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE
MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for
bodily injury liability and property damage liability is recommended as a
prudent limit to protect Licensee's assumed obligations. If said 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 Ltcensee.
11.2 If said policy is written on a "claims made" basis instead of an
"occurrence" basis, Licensee shall arrange for adequate time for reporting
losses. Failure to do so shall be at Licensee's sole risk.
11.3 Licensor may at any time request evidence of insurance purchased
by Licensee to comply with this requirement, and may demand that Licensee
purchase insurance deemed adequate by Licensor. Failure of Licensee to
comply with Licensor's demand shall be considered a default, subject to
Article 19.
11.4 Securing by Licensee of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
GSXi Form 2037-Sheet 7
Rev. October 1987
12. GRADE CROSSINGS:
12.1 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.
13. FLAGG|NG:
13.1 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration, change or removal
of said Pipeline, to place watchman, flagmen, inspectors or supervisors for
protection of operations of Licensor or others on Licensor's property at
the Crossing, Licensor shall have the right to do so at the expense of
Licensee, but Licensor shall not be liable for failure to do so.
13.2 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, in
place of Licensor provision, at Licensee's sole risk; and in such event,
Licensor shall not be liable for the failure or neglect of such watchman,
flagmen, inspectors or supervisors.
14. LICENSOR'S COSTS:
14.1 Licensor's expense for wages 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.
14.2 Such expense shall include, but not be limited to, cost of
supervision, traveling expenses, Federal Railroad Retirement and
Unemployment Taxes, insurance and vacation allowances for Licensor's
employees, and insurance and freight and handling charges on all material
used. Any equipment rentals shall be payable by Licensee in accordance
with Licensor's fixed applicable rate.
14.3 All bills not paid within said thirty (30) days shall thereafter
accrue interest at the highest rate permissible by local law or twelve
percent (12%) per annum, whichever is higher.
]5. TERMiNATiON. REMOVAk:
15.1 Upon termination or cancellation, for any reason, or within
thirty (30) days of cancellation or revocation, Licensee, at its sole risk
and expense, shall remove Pipeline from the property of Licensor, unless
the parties hereto agree otherwise, and shall restore property of Licensor
in a manner satisfactory to Licensor, and reimburse Licensor all loss, cost
or expense Licensor may suffer resulting from such removal.
15.2 All rights which Licensee may have hereunder shall cease and end
upon the date of expiration of term or revocation; provided, however, that
termination or revocation of this Agreement shall not affect any claims and
,. .. A ~"~
CS)2i Form 2037-Sheet 8
Rev. October 1987
liabilities which may have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied.
16. NOTICE:
16.1 Licensee shall give Licensor at least five (5) days' written
notice before doing any work of any character hereunder on Licensor's
property, except that in cases of emergency shorter notice may be given.
16.2 All notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the
address above, c/o CSXT Property Services J180; or at such other address as
either party may designate in writing to the other.
16.3 Unless otherwise expressly stated hereins all such notices shall
be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, and shall be effective upon receipt or refusal of delivery.
17. ASSIGNMENT:
17.1 Licensee shall obtain Licensor's written consent to any
assignment of Licensee's interest herein and shall reimburse Licensor for
any loss, cost or expense Ltcensor may incur as a result of Licensee's
failure to obtain said written consent.
17.2 Subject to Section 17.1, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
successors or assigns.
17.3 In the event of any unauthorized sale, transfer, assignment,
sublease or encumbrance of this Agreement, or any of the rights and
privileges hereunder, Licensor, at its option, may terminate this Agreement
at any time within six (6) months after such sale, transfers etc., by
giving Licensee or any such assignee written notice of such terminations
and Licensor may thereupon enter and retake possession of the premises.
Consent of Licensor shall be resumed to such assignment, etc., if no such
termination notice is given.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor
shall the exercise of this Agreement for any length of time give rise to
any right, title or interest in Licensee to said property other than the
license herein created.
CS)C~ Form 2037-Sheet 9
Rev. October 1987
19, DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
covenants of this license shall be deemed of the essence of this Agreement,
and in the event Licensee shall fail or refuse to fully and completely
perform any or all of said covenants or remedy any breach within thirty
(30) days after receiving a written notice from Licensor to do so, Licensor
shall have the option of terminating this Agreement, regardless of license
fee(s) having been paid in advance for any annual or other period, and
revoking the privileges and powers hereby conferred upon Licensee.
20. BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
covenant or condition herein contained shall not be construed as a
permanent waiver of such covenant or condition, or any subsequent breach
thereof, unless such covenant or breach is permanently waived in writing by
said party.
21. LICENSOR APPROVAL, LIMITS:
21.1 Neither the failure of Ltcensor 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.
22. ENTIRETY, EXCLUSIVITY:
22.1 This Agreement contains the entire understanding between the
parties hereto.
22.2 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.
23. FORM, LAW, FORUM:
23.1 The form or any language of this Agreement shall not be
interpreted or construed in favor of or against either party hereto as the
drafter thereof.
23.2 It is understood and agreed that this Agreement is executed by
all parties under current interpretation of any and all applicable federal,
state, county, municipal or other local statute, ordinance or law.
Furthers it is understood and agreed that each and every separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein
contained shall have independent and severable status from each other,
separate division, or combination thereof, for the determination of
legality, so that if any separate division herein is determined to be
unconstitutional, illegal, violaLive of trade or commerce in contravention
CSXT Form 2037-Sheet 10
Rev. October 1987
of public reason, that separate division shall be treated as a nullity, but
such holding or determination shall have no effect upon the validity or
enforceability of each and every other separate division, herein contained,
or any other combination thereof.
23.3 This Agreement shall be construed and governed by the laws of
the state in which the Pipeline is located.
24. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[X] None
[ ] Open-cut or tunneling construction limits
[ ] Flammable or combustible product limits
[ ] Pipe pressure limits
[ ] Talecommunication Cable or Fiber Optic line
[ ] Public Highway or Municipal Occupancy rider
[ ] Hazardous material transmission
[ ] Other:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date and year first above written.
Witness(as) for Licensor: CSX TRANSPORTATION, INC.
C ransport
Witness(as) for Licensee: LICENSEE: CITY OF SANFORD, FLORIDA
Tit le: C / r ~' /~-~/~ A~ A~
Maanol i a/P~t;k S0602.27 7455
APPLICATION FC~ PIPE LL~ C~OSS~/~ ~//~O~-r~S ~ ~CKS
PlaM for ~roposed i~:allatlon shall ~ auditted =o ~d ~et =he appr~al of =he ~il-
=c~ C~y ~fcre coM=~c~lcn is ~Sun. ~:erial and installation are :o
a~e~nca with speclfica~ions of the ~ricsn ~ilvay EnSl~erinS Associati~
of ~ ~s~ard System ~tlroad. ~igi~l and ~lve (12) c~ies of ~ts fo~ shall
su~t=e~, =cc~panted by ~lve (12) leztersize ~rlnts of a drawinS sh~i~ ply, elevation
secti~ of crossi~ fr~ field su~ey, l~ation in ~s~ct to Mile Pes:, width of ~llroa~'s
ri~t of way, l~a~ien of adjacenz s=~c=ures afieczi~ crease, and all infem:i~ ~quired
in Fi~s I and 2 of a S~cifi~tio~, Par: 5 - Pipeli~s. If o~en cutzi~ or tubelinE
is ~cessa~, ~e~sils of shee~!~ and ~h~ of suppor:~ ~racks or drivinE ~,~M1 shall
shM.
1. Co~c: N-~ of A~plicant City of Sanfo~d
2. Pest office ~dress P.0. 5ox l//a, banford, Fla. 32772-1778
3. Part~rship N~ and ini=lals all paTTers w~n - Eiven and su~s
4. If Inco~ora~sd, ns~ of s~e in which incorpora~ed
5. b~:ion 1610 f,e: West (DirecTion) frz ~ares~ ~ Mile Pos~ AU//O VS
6. ~a~s= ~!Iroad S=a:ion bantord Coun=y Seminole S~a:e Fla
7. Wizhln !~i=s of public hi~way n~ NA Fed-S:a:e-C~n:y No.
8. Te~orary :Tack supporz or rlpra~plns rebuild ( ) Yes (X) No - ~scri~
9. Wires, poles, obs::czlons :o ~ =eloca:ed ( ) Yes (X) No - ~scribe
10 ~uc: :o ~ c~e~d Raw SewaQe ~l---sble ( ) Yes ( X ) No. Te~era~ AmD~ent
Vac
11. ~x. Workl~ p~ssu~ Vacuum PS1. Field :es: pressu~4" Ha u~I.
12. ~a:ion of shu:-off valves 20~ North of celery Ave.
13. PIPE SFECL~ICATIONS: ~K PI~ ~SING PIPE
~:er~l PVC qf~l
~rial S~:ifi~:ions and G:ade ASTM D22~1 q~p21 AqTM A13~, Tyn~
Min~ Yield S=~:h of ~=erial PSI NA ~ ~ PqT
Ell ~s: ~ssu~ PSI NA
Ins i~ Di,-- =er 4. 072" 19,
~:sia, Di--:er 12.502"
"' Ty~ of ~ NA NA
~yi~ ~hs 20' 18 '
li~ of Joln:s Rubber Gasket Push 0n Welded
To~al ~=h vlnhln ~ ~ 60' R/W 60' R/W
~: ~--~: NA Size ag:. ab~ ~round
S~: ~ e~s G~0uted ~ end
B~Y: ~se of rail co cop o~ cas~g 5 ~:. ~ in.
~~ C~T~: ( ) Yes (X) No Kind
1~. ~th~ of ~s:alla:ion Bore and Jack
If a~plia=!on is ap~r~e~, appliGan: dirges :o rei~urse :he ~ilroad for an7 cos=
incurred by :he ~ilr~d inciden: ~o i~:alla:lon, -lin:enance, and/or su~lsion
by :his pipe li~ iusZalla:lon~ and fur=~r aE~es :o ass,!~ all liabltl:y for acci~eu=s or
injuries which arise as s ~su1: of =his ins:a!la:ion. Sh~ld ~en cu: ins:alla=i~ ~ requir~
s non-m~ndable charEe of $ will ~ Tequl~d :o resurface
Sl~ and Ti:le o~ O~flcar Si~ni~ Ap~lics=~on
~k A. Faison, City ~ager
\
'=~...-.; ~: .- SITE
r -::
~.....,~"'~ , .~/~{.~=~-~! '.:~1% .~ .-t~ --~.= ~:.-
:..,~..~.=, "- ?: 'i: $:.. .&..':-A: .. !.a. ,.- ~F"%.. '.' :),7":'"' , .... :,: i~:--=....' -. :'
'1' ";" ~' ' :"="'7 '~F"'i .......!: :'.'-"'-' ;'li~ ,~--...Y;;~::-':,:
".~.. ' ',,:., f:.'~:.i~;.~";~,,-i'~i' I~''~z i'~. ~ 1~ .~rt..:, =-~_-~.
.i:;,'.'';' ...,, .,.:.',:'.!-.., j,:;
VICINITY MAP
SCALE 1": 2000'
CITY OF SANFORD
SEWER SYSTEM
CPH' JOB No..S0602.27
Meter
Valve · ·
Hydrant ] ~TY.
/
/ F~AM~
ned Sewer Line i?-EStD.
le (,
!out
Pole (Wood)
Pole (Conc)
!i r<
: Po, t
;former ~ ) ' ~'ORE / JXlCK ~ I~:
~hone B6x
)eter ~
'ete Monument ~
~ /
Posts
Post
: Valve / I 5TI/.
~um Main. FI~A~IE
~ir Vac Valve Pit (54"
~ir..yac Valve'PIt (30
~s>ed Vacuui Main
-(SDR-21) -~
leT'Tank w/3" Air Vac ~!lVe
j x~ 7.~- ' ,,e ,/.~, ,,
~ ~5'/!~//zV'. 2~'~f~'/A/. _Comunication cables are buried
~ ~ ' parrallel to CSX's tracks and
m must be as'sumed to be an~here
I within CSX's R/W limits. Before
digging phone (800~
~ .~ ~ and .(8~) 6Z~-~7~
' ~11 ~11~ IIIl~lh , ~ . ~ ~'
- /
F - ....
%:, u~ ~?:~{~2~'~:'~=~j~:~: ~Z; :: '. ::
4 : ,
~ell~l,ii~l~Hl liji~IHl~
.:~..:
.'~::~
;% _-
..
· BORING l JACK~G DETA~